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HomeMy WebLinkAbout2001-R-13RESOLUTION NO. 01-R- ~ A RESOLUTION AMENDING AN ERRONEOUS LEGAL DESCRIPTION CONTAINED IN ORDINANCE NO. 98-OR-68 WHEREAS, on November 2, 1998, the Jeffersonville Common Council (the "Council') adopted Ordinance No. 98-OR-68, An Ordinance Annexing Contiguous Territory By Voluntary Petition; and WHEREAS, one parcel of the property was erroneously included in the description of the voluntarily annexed property; and WHEREAS, the Clark County Auditor has informed the City that she may correct the error in the description at the request of the Council; and WHEREAS, the Council believes it is in the best interest of the City to correct the erroneous legal description. NOW THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City of Jeffersonville, Indiana, that the legal description in Ordinance No. 98-OR-68 is erroneous and should be corrected to read as follows: A part of Surveys No. 4 and 11 of the Illinois Grant of Clark County, Indiana, and described as follows: Beginning at a stone in the southeastern line of Survey No. 11 which marks the west corner of Survey No. 4, which is a point in the existing boundary line of the City of Jeffersonville, Indiana, thence the following courses of the boundary: North 54 deg. 24 min. 45 sec. East, 288.00 feet with the line dividing Surveys No. 4 and 11 to the western boundary of the Jeffersonville Flood Control District (Deed Record 141, page 108) and with the existing City Boundary Line; North 15 deg. 42 min. 10 sec. West, 146.62 feet leaving said dividing line and with said western boundary of said Flood Control District and with the existing City Boundary Line; Thence with said Flood Control District for the next three calls: North 28 deg. 28 min. 10 sec. West, 2.73 feet and with the existing City Boundary Line; North 61 deg. 31 min. 50 sec. East, 20.00 feet and with the existing City Boundary Line; North 28 deg. 28 min. 10 sec. West, 1164.47 feet and with the existing City Boundary Line; North 54 deg. 19 min. 19 sec. East, 228.88 feet with the northwestern line of said Flood Control District to a point being the northwesterly corner of Indiana-American Water Company, Inc. (Deed Drawer 29, page 5103); North 54 deg. 01 min. 40 sec. East, 1551.25 feet with the northwest line of said Indiana- American Water Corp. property to the north corner of said tract; South 35 deg. 36 min. 48 sec. East, 1311.51 feet with the northeast line of said tract to an east corner of said tract; North 54 deg. 33 min. 49 sec: East, 30.81 feet leaving said northeast line with a northwest line to the east corner of said tract in the northwesterly right-of-way line of Middle Road; 54 deg. 33 min. 49 sec. East, 195.68 feet leaving said Indiana-American Water Corp. property and crossing Middle Road to the southeasterly right-of-way being a northwesterly line of Yarbrough Company, Inc. (Deed Drawer 30, Instrument No. 8629); North 17 deg. 00 min. 50 sec. East, 312.05 feet with said right-of-way and said Yarbrough line; North 11 deg. 53 min. 43 sec East, 74.67 feet continuing with said right-of-way and a northwesterly line of Yarbrough to the north corner of said tract; South 40 deg. 29 min. 46 sec. East, 506.36 feet leaving said right-of-way with Yarbroughs northeasterly line to a northwest line of Indiana-American Water Company, Inc. (Deed Drawer 27, Instrument No. 6876); North 39 deg. 21 min. 06 sec. East, 428.62 feet leaving said Yarbrough line with said northwest line of Indiana-American Water Co. tract; South 40 deg. 34 min. 45 sec. East, 900.00 feet along the northeast line of said tract to the east corner; South 60 deg. 46 min. 00 sec. West, 1085.61 feet with the southerly line of said tract to the northeasterly line of Avery and Read tract (Deed Drawer 27, Instrument No. 12942); South 39 deg. 58 min. 07 sec. East, 714.65 feet leaving said Indiana-American Water Company tract (Deed Drawer 27, Instrument No. 6876) with said Avery and Read line to the northeasterly corner of River Forest Subdivision; South 39 deg. 58 min. 07 sec. East, 713.87 feet with said northeasterly line to the east corner of said River Forest; South 50 deg. 01 min. 53 sec. West, 668.29 feet along with the southeast line of said River Forest to the northeast line of the Estates of Cherokee Heights; South 39 deg. 58 min. 07 sec. East, 850.00 feet more or less with said northeast line to a point 150 feet northwest of the northwest corner of Cherokee Terrace, Unit 4 (Plat Book 9, Page 17); North 50 deg. 10 min. 17 sec. East, 167.07 feet leaving said northeast line, with a line parallel to and 150 feet distant from the northwesterly line of said Cherokee Terrace, Unit 4 crossing Elliott (Deed Drawer 30, Instrument No. 12151); North 2 North 50 deg. 10 min. 17 sec East, 167.07 feet continuing parallel to and 150, feet distant from said Cherokee Terrace line crossing Zipp (Deed Drawer 19, Instrument No. 7110) to the southwesterly line of Johnson (Deed Drawer 19, Instrument No. 7109); North 39 deg. 58 min. 07 sec. West, 371.40 feet leaving said parallel line with said southwesterly line to the northwesterly line of said tract; North 50 deg. 09 min. 03 sec. East, 167.07 feet with said northwesterly line to the north corner of said tract; South 39 deg. 58 min. 07 sec. East, 521.42 feet with the northeasterly line of said tract to the northwesterly line of said Cherokee Terrace, Unit 4 being the centerline of Pawnee Drive; South 50 deg. 10 min. 17 sec. West, 25.00 feet with said northwesterly line to the north corner of Lot 80 of said Cherokee Terrace being the northwesterly right-of-way line of Pawnee Drive; South 40 deg. East, 100.00 feet with said right-of-way line to the east corner of said Lot 80; South 50 deg. 10 min. 17 sec. West, 142.15 feet leaving said right-of-way with the southeasterly line of said lot to the south corner of Lot 80; North 40 deg. West, 100.00 feet with the southwesterly line of said lot to the northwesterly line of Cherokee Terrace being the west corner of Lot 80; South 50 deg. 10 min. 17 sec. West, 334.14 feet leaving said lot, with said northwesterly line to the northeasterly line of said Cherokee Heights; South 40 deg. East, 1238.50 feet with said northeasterly line, to the west corner of Lot 32 of Cherokee Terrace, Unit 2 (Plat Book 7, Page 4), owned by West (Deed Drawer 29, Instrument No. 1098); North 50 deg. East, 140.00 feet leaving said northeasterly line with the northwesterly line of said Lot 32 to the westerly right-of-way of Cherokee Drive being the north corner of Lot 32; South 40 deg. East, 75.00 feet with said right-of-way; Thence, 39.27 feet along a curve to the right having a radius of 25 feet and a chord of 35.36 feet to the northwesterly right-of-way of Bennett Avenue, being the southeasterly line of said lot. South 50 deg. West, 115.00 feet along said right-of-way to the northeasterly line of Cherokee Heights; South 40 deg. East, 340.00 feet along said northeasterly line to the east corner of said Cherokee Heights; South 50 deg. 00 min. 00 sec. West, 376.01 feet along the southeast line of said Cherokee Heights to the northeast line of the Perrin Family Park Foundation (Deed Drawer 21, Instrument No. 12120); South 35 deg. 55 min. 12 sec. East, 822.00 feet along said northeast line of said park and the northeast line of Perrin (Deed Drawer 20, Instrument 5294) to the northwest right-of-way of Utica Pike. 3 South 35 deg. 55 min. 12 sec. East, 50.47 feet leaving said northwestern right-of-way to the southeast right-of-way of Utica Pike; South 35 deg. 55 min. 12 sec. East, 300.00 feet more or less continuing said line of Perrin to the existing City Boundary line; South 59 deg. 59 min. 23 sec. West, 266.32 feet with the existing City Boundary line along the River; North 35 deg. 55 min. 12 sec: West, 350 feet more or less with said City boundary to the northwesterly right-of-way line of Utica Pike; South 61 deg. 55 min. 58 sec. West, 111.00 feet with said right-of-way and City Boundary line to the southeast corner of the Perrin Family Park Foundation, Inc. (Deed Drawer 21, Instrument No. 12120); South 65 deg. 37 min. 26 sec. West, 128.42 feet along a southeastern line of said Park, said City Boundary line and right-of-way to the east corner of Robertson (Deed Drawer 28, Instrument No. 6313); North 35 deg. 56 min. 45 sec. West, 403.21 feet leaving said right-of-way, continuing with said City Boundary line, Park tract and northeast line of Robertson; South 55 deg. 49 min. 33 sec. West, 141.00 feet with said Park tract, City Boundary line and northwest line of Robertson to the northeast line of Sneed (Deed Drawer 28, Instrument No. 16823); North 36 deg. 00 min. 39 sec. West, 61.23 feet with said park tract, northeast line of Sneed and City Boundary line; South 54 deg. 03 min. 02 sec. West, 115.06 feet with said park tract, City Boundary line and northwest line of Sneed to the east corner of Gowens (Deed Drawer 28, Instrument No. 14157); North 35 deg. 57 min. 46 sec. West, 111.12 feet with the City Boundary line, Park tract and northeast line of Gowens to the east corner of Gowens (Deed Drawer 28, Instrument No. 14157); South 53 deg. 39 min. West, 380.82 feet leaving said Perrin tract with said Gowens line and City Boundary line to-the line dividing Surveys No. 3 and 4 of the Illinois Grant and Perrin Lane; North 36 deg. 21 min. West, 349.97 feet with said dividing line, City Boundary and Perrin Lane to the south corner of said Phillip B. Bates and Syverta L Bates (Deed Drawer 19, Instrument 15866); North 35 deg. 56 min. 46 sec. West, 228.92 feet with said dividing line, City Boundary and Perrin Lane to a southerly corner of aforesaid Perrin tract; North 35 deg. 57 min. 19 sec. West, 1939.28 feet with said dividing line, City Boundary and Perrin Lane to a southerly corner of the Jeffersonville Flood Control District (Deed Drawer 141, page 144); North 35 deg. 57 min. 19 sec. West, 2661.67 feet with said dividing line, City Boundary, crossing Middle Road to the True Point of Beginning. Excepting therefrom: 4 A part of Survey No. 4 of the Illinois Grant in the City of Jeffersonville of Clark County, Indiana, being a part of the same tracts conveyed to Kenneth W. and Jean R. Johnson at Deed Drawer 16, Instrument No. 9956 and Deed Drawer 19, Instrument No. 7109 and bounded as follows: Being a part of Survey No. 4 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at a limestone monument on the north corner of Survey No. 4 and in the line of Survey No. 12; Thence South 49 deg. 55 min. 48 sec. West, along the line dividing Surveys No. 4 and No. 12, 2014.10 feet to a concrete monument on the south corner of Survey No. 12, same being the east corner of Survey No. 11; Thence South 5o deg. 28 min. 51 sec. West along the line dividing Surveys No. 4 and No. 11, 97.17 feet to a point; Thence South 39 deg. 58 min. 07 sec. East, 3316.57 feet to an iron pin on the north corner of Lot 81 in Cherokee Terrace, Unit 4 as shown in Plat Book 9, Page 17 of said County records; Thence South 50 deg. 10 min. 17 sec. West, along the northern line of said Unit 4, 167.07 feet to the centerline of Pawnee Drive, the TRUE PLACE OF BEGINNING. Thence continuing South 5o deg. 10 min. 17 sec: West, along said northern line, 167.08 feet to the common corner of Lot 75 and 80 of said Unit 4; Thence North 39 deg. 58 min. 07 sec. West, 521.40 feet to a point; Thence North 50 deg. 09 min. 03 sec. East, 167.08 feet to a point; Thence South 39 deg. 58 min. 07 sec. East, 521.46 feet to the TRUE PLACE OF BEGINNING. Containing 2.0 acres, more or less, and being subject to all easements of record. AND ALSO EXCEPTING: Lot No. Eighty (80) of Cherokee Terrace, Unit IV, as the same appears of record in Plat Book 9, at page 17, in the office of the Recorder of Clark County, Indiana. These conveyances were made subject to all applicable easements. Passed and adopted this __ day of $~A~OaT~C ,2001. Presiding Officer 7 5 ATTEST: Peggy ;ig)i~r Clerk-Treasurer this Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville <~ day of ~t,-O~ ,2001. Clerk-Treasurer Approved and signed by me this ~hom~as R. Galliga~n, 5~: day of P°'--cc°O-' ,2001.