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HomeMy WebLinkAbout1999-R-23RESOLUTION NO: 99-R-23 TOWN OF UTICA'S REQUEST FOR AUTHORIZATION FOR VOLUNTARY ANNEXATION OF THE PROPERTY OF ANETTA POINTER, MIl~DRED RAUTH. CLYDE GOODWIN AND ALICE JULIUS LOCATED IN UTICA TOWNSHIP, INDIANA WHEREAS, Anetta Pointer, Mildred Rauth, Clyde Goodwin and Alice Julius have petitioned the Town of Utica, Indiana for the voluntary Annexation of the real estate described in the attached Exhibit A; and WHEREAS, the Town of Utica wishes to consider the petition; and WHEREAS, the Town of Utica requests the City of Jeffersonville to consent to the proposed annexation of the real estate described in Exhibit A; and WHEREAS, the City of Jeffersonville must consider this request for voluntary annexation pursuant to state law; and WHEREAS, Utica Town Attorney, Larry Wilder, has appeared before the Jeffersonville City Council on June 21, 1999 at a lawfully advertised meeting and has tendered the Town of Utica's request upon the record and before the common council of the City of Jeffersonville, Indiana; and WHEREAS, the Common Council, having considered the Town of Utica s reques, believes that it is in the best interest of the City of Jeffersonville that the Town of Utica annex the real estate described in Exhibit A. NOW THEREFORE, BE IT HEREBY RESOLVED that Common Council of the City of Jeffersonville, Indiana does hereby consent to the Town of Utica's request to annex the real estate as described in Exhibit A. This Resolution shall be in full force and effect from and after its passage and approval. Passed and adopted this ~ / day of ~ ~-~- ., 199~ by the Common Council of the City of Jeffersonville, Clark County, Indiana. ATTEST: C. Rich~ 'ard Spencer~J'r. ~"" Clerk and Treasurer Presented~7 me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this 2-[ dayof ~,,dt,~O~ .,199~. C. Richard Spencer,~r. ~" Clerk and Treasurer- Approved and signed by me this __ PETITION FOR T~R ANNEXATION OF LAND Whereas, Alice Julius follows: Annetta.Pointer, ~ildred Rauth, Clyde Goodwin and pursuant to .Indiana Code 36-4-3-5 set fortt They are the owners of several parcels of property descriptions of which are set forth hereto as Exhibit B, C, D and E; That they represent fifty one percent (51%) of landowners of this property; That they further are the owners of seventy five perc (75%) of the total assessed value of the subject tan 4 o That they request that the Town of Utica annex described property; That thin,present th~etition to the Utica Town Bo 1999., on the .~_ day of __ , That it is the petitioners belief that the Town of Ut is presently providing essential municipal services facilities to the residents of the subject property; That the petitioners believe that the Town of Utica physically mhd financially able to provide services the proposed annexed area; That the territory sought to be annexed is contiguous the Town of Utica; - to Wherefore, the below signed parties petition the Town of Ut~ annex the described property this [~' day of //~.~ ~ 1999. Mildred Rauth Alice Julius/u/ Louis Jul iU <J Annetta Pointer Charles N~win nd the A, ;he ~=nt 1; [ca md is to .ca DESCRIPTION OF P, ART OF SURVEY #7 Part o£ Sulwey #7 of the Illinois Grant to Clm:k County, Indiana bounded thus: Beginning at a ghn Sapling in the bauk of the Ohio Pdver and being tile southeast or upper corner off'ormerly Thom~ tract or survey of 100 acres ill saki Survey #7, said Grant; Thence N.40°W., with Worrall's line, 6 lcl links to a stake and beech sapling in lite oliginal line between Nos. 7 aud 15 ofsaid Grant, (Ilobson's Thence N.50°E., I7 chains mid 70 links to a stone at the N.W. corner of what was formerly Jacob Lei Thence S.40°E., with Lentz line (afterwards George W. Swartz land) 55 chains, 70 links to a stone o~ oFthe Ohio River; Thence down said river at Iow water mink with its meanders to the place of beginn containing 92-1/2 acres, more or less, and being what is known as the George W. Swartz "llome Fan which lie resided for many years and died upon and being the same real estate conveyed to the said G, Swartz, deceased, by Thomas Crawford, John Gay and others by deed dat&d October 3, 1863 and tee Deed Record No. 54, Page 108, of the Recorder's office of Clark County, Indiana. ALSO: part of Stnwey #7 of the Illinois Grant bounded titus: Beginning at a stone marked L.S. the no corner of land formerly owned by George W. Swartz, and in the original line dividing Surveys #7 and Illinois Grant; Thence with said line N.49°I5'E., 48 poles to a stone marked L.[ L; Thence with said ol N.49°I5'E., 23.76 poles, more or Iess, to a slake; Thence S.60°E., 66 poles to a stone; Thence S.36% poles, 22 links to a stone; Thence S.26°20'E., 33 poles, 21 links to a stooe marked M.L. 7; Thence S. 11 poles to a stone marked L.II. at Iow water mark on tile Ohio River; Thence S.29045'W., with low o£the Ohio River, 60 poles, 16 V~ links to a stone marked L.S., the southeast corner of land formerly George W Swartz; Thence with said line, N.40°45'W., I80 poles, 16 links to tile place of beg:lining, c~ 73.87 acres, more o~ less, and being the same real estate conveyed by Robert E. Wilson and Rssc B. wife to John W. Dixon by deed dated March 1, 1920, and recorded in Clark Cotmty Deed Record No page 58, except thereout the I4.63 acre tract conveyed by Jolm W. Dixon and Mary Emma Dixon, tfi .[Ienry Dittmer and Rena Dittner, his wife, by deed dated September 28, I920, aad recorded ill Clark, Deed Record No.112 at page 482. The above described tracts being recorded in Deed Drawer 23, Instrument 5081. :lost and ~ Worrall's ains and 20 line); rtz land; the bank 1" I. lpOlt :orge W. rded in .beast ¢15 of the iginal Iine, ;9°30'W., rater nlark )wiled by ,utaining Wilson, his 12 at :wife, to ;ounty Paula C. G~n Rhea E. G~an\ ' This Document Prepared By John G. Montgomery Attorney at Law 417 E. Court Avenue Jeffersonville, IN 47130 812/283-3568 Supreme Court No. 9323-10 Anna J. Goo~ Melissa F ' ' .~enJsreidel Resolution No: R-99-~ For the Annexation of the Anetta Pointer, Mildred Rauth, Clyde Goodwin and Alice Julius Property Whereas, Anetta Pointer, Mildred Rauth, Clyde Goodwin and Alice Julius Property have petitioned the T Utica for Annexation of the real estate described in the attached ExhibitA, Whereas, the Town of Utica wishes to consider the petition, Whereas, the City of Jeffersonville has to consent to any such annexation pursuant to state law; Whereas, the Town of Utica has held public hearing upon the petition to annex on the~4~- day of . "~"'~.~,J' ¢__.,, ,1999; Now, therefore, be it ordained by the Town Board of Utica, that the Town of Utica requests the City ot Jeffersonville to consent to the proposed annexation of the real estate described in Exhibit A. The Utica TOwn Board CGle~n~Murphy, Sr.', ~a'r e~n' H all,~Bo~al d ~ Ruel Harris, Board Member Keith Bro¥, Board Dixie Harbin, Board Member Attest: Sharon Martin, Town Clerk-Treasurer vn of pETITION FOR THE ANNEXATION OF LAND Whereas, Alice Julius follows: Annetta.Pointer, ~ildred Rauth, Clyde Goodwin ar and pursuant to Indiana Code 36-4-3-5 set forth They are the owners of several parcels of property t descriptions of which are set forth hereto as Exhibit B, C, D and E; 2 o That they represent fifty one percent (51%) of t landowners of this property; o That they further are the owners of seventy five petter (75%) of the total assessed value of the subject land That they request that the Town of Utica annex ti described property; o That thin.present tbj~etition'to the Utica Town Boaz on the ~__ day of ~ , 1999; That it is the petitioners belief that the Town of Uric is presently providing essential municipal services facilities to the residents of the subject property; 7. That the petitioners believe that the Town of Utica ~physicatly ~nd financially able to provide services the proposed annexed area; o That the territory sought to be annexed is contiguous the Town of Utica; -- to Wherefore, the below signed parties petition the Town of Uti annex the described property this {~' day of /7/~ Y 1999. Mildred Rauth Alice Julzus/~ Lo~is Juliu~ Annet ta Pointer charles N~w~n d DESCRIPTION OF PART OF SURVEY #7 Part of Survey #7 o1[ the-Illinois Grant to Clark County, l[ndiana bounded thus: Beginning at a pc }t and Ehn Sapling m the bank of'the Oluo R~ver and being,the southeast or upper corner of fori,ne~ly Fbomas 9'orrall's tract or survey of 100 acres in said Survey #7, said Grant; Thence N.40°W., with Worrall s line, 61 cbai~ s and 20 links to a stake and beech saphng in the origi u ' le between Nos. 7 an~t 15 ofsaid Grant, (I.Iobson's lin ~ Thence N.50°E., 17 chains and 70 links to a stone at the N:W. corner of what was t'ormerly Jacob Lentz land; Thence S.40°E., with Lentz line (aPterwards George W. Swartz land) 55 chains, 70 links to a stone on ti e bank of the Ohio River; Thence down said river at Iow ~vater mark with its meanders to the place ot'begimfin~t, containing 92-1/2 acres, more or less, and being what is known as the George W. Swartz "l.lome From" t~pon which he resided for many years and died upon and being the same real estate conveyed to the said Geo~ ge W. Swartz, deceased, by Thomas Crawt'ord, John Gay and others by deed dat/xt October 3, 1863 and recort ed in Deed Record No. 54, Page 108, of the Recorder's office of Clark County, Indiana. ALSO: part of Survey tt7 of the lllinois Grant bounded thus: Beginning at a stone marked L.S. the north ~ast comer of land formerly owned by George W. Swartz, and in the original line dividing Surveys #7 and #15'of the Illinois Grant; Thence with said line N.49© 15'E., 48 poles to a stone marked L.[I.; Thence with said orig hal line, N.49°15'E., 23.76 poles, more or less, Io a slake; Thence S.60°E., 66 poles to a stone; Thence S.36°W., 18 poles, 22 hnks to a stone, I hence S.26°20 E., 33 poles, 21 hnks to a stone marked IVI.L. 7; Thence S.59' 30 W., 11 poles to a stone marked L.H. at low water mark on the Ohio River; Thence S.29°45'W., with low ws ter mark of the Ohio 1Liver, 60 poles, 16 ½ links to a stone marked L.S., the southeast comer o£1and formerly ov ned by George W Swartz; Thence with said line, N.40°45'W., 180 poles, 16 links to the place of beginning, con! aining 73:87 acres, more or less7 and being the same real estate conveyed by P,.obert E. Wilson and R,~s:~ B. W[lson, his wife to John W. Dixon by deed dated IVlarcli I, 1920, and recorded in Clark Connty Deed Record No. 1 2 at page 58, except thereout the 14.63 acre tract conveyed by John W. Dixon and Mary Elnma Dixon, Iris ,~ ,ifc, to Henry Dittmer and Rena Dittner, his wife, by deed dated SepteJnber 28, 1920, and recorded in Clark Cc unty Deed Record No.112 at page 482. The above described tracts being recorded in Deed Drawer 23, Instrument 5081. Paula C. G~n Rhea E. G~ ~ Anna J. Goo~wi~ This Document Prepared By John G. Montgomery Attorney at Law 417 E. Court Avenue Jeffersonville, IN 47130 812/283-3568 Supreme Court NO. 9323-10