HomeMy WebLinkAbout1996-OR-56 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 96-OR-,~
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A
CERTAIN TRACT OF PROPERTY BEING A 3 ACRE TRACT WHICH IS PART OF
SURVEY #22 OF THE ILLINOIS GRANT TO CLARK COUNTY, INDIANA FROM R-2
TO B-1
WHEREAS, Land-Mill Development, Inc. filed a petition before the Jeffersonville
Plan Commission to change the zoning map designation of the real property described
in the attached "Exhibit A" from R-2 to B-1; and,
WHEREAS, the Jeffersonville Plan Commission has certified its favorable
recommendation of the enactment of this proposed zoning map designation change by
ordinance of this Common Council; and,
WHEREAS, this matter is now before the Common Council at its first regular
meeting after certification of the proposed change of zoning map designation pursuant
to the provisions of I.C. 36-7-4-608(f)(1); and,
WHEREAS, this Common Council has received competent proof of the timely
posting of notice of its intent to consider the proposed change of zoning map
designation at the regular meeting scheduled for August 27, 1996; and,
WHEREAS, all interested persons having been given an opportunity to appear
before this Common Council and be heard regarding this matter as required by law.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Jeffersonville, Indiana, that the zoning designation of the real property described in the
attached "Exhibit A" is hereby changed from R-2 to B-I.
IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville
shall be amended to include such change.
This ordinance shall be in full force and effect upon its adoption.
So ordained this ~Z'~day of ~~ , 1996.
COMMON COUNCIL OF
TH fi~GI~EFFERSONVILLE, INDIANA
Presiding Officer
ATTEST:
C. Rickard Spencer, Jr.
Clerk and Treasurer
Presented by me as Clerk a~d ~reasurer to the Mayor of said City of
Jeffersonville this ,?,-¢¢' day of ~, 199_~.
~3. Ric~rd Spencer, r.
Clerk and Treasurer
This Ordinance approved and signed by me this __
199__.
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas,/~'~,#~-,~z,--x. ~.,,v//,u~J filed a petlbon before the Jeffersonville Plan
Commission t,o, change.the zoning designation of the property described in attached
Exhibit A (the Property ), from~ ~ ~-/ ; and,
Whereas, after proper notice by publication,, the Jeffersonville Plan Commission
held a public hearing on the petition on A at,. ~ 7, !'?'fr~/ .; and,
Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission
voted by a majority vote of its entire membership to favorably/~a'~'~'~'~
recommend the proposed change of zoning designation of the Property to the
Jeffersonville Common Council.
IT IS THEREFORE CERTIFIED that on A~.,~-. ,:~,, /~'~'~ , the
Jeffersonville Plan Commission favorably~,a~m~54~tC-f~ recommend(ed) that the
Jeffersonville Common Council enact by ordinance the proposed zoning designation
change of the property from ~-,,2 7'~ /~'" ! as requested in the petition of
So certified this c~7 day of/Z~6. ,1996.
NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP
Notice is hereby given that on September 3, 1996, in the Multi-Purpose Hearing
Room on the Third Floor of the City-County Building at 501 East Court Avenue,
Jeffersonville, Indiana, the Common Council of the City of Jeffersonville, Indiana,
intends to consider an ordinance, which, if adopted, would change the zoning map
designation of the following described property from R-2 to B-1:
DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE
PROPERTY ADDRESS: Being a 3 acre tract which is part of Survey #22 of the
Illinois Grant to Clark County, Indiana
DEED NO: 20-6265
KEY NO: 04-00015-055-1
TOWNSHIP: Jeffersonville
COUNTY: Clark
PROPERTY DESCRIPTION: Being a 3 acre tract which is part of Survey #22 of
the Illinois Grant to Clark County, Indiana
The Jeffersonville Plan Commission favorably recommended the adoption of an
ordinance enacting this proposed change of zoning map designation after notice and
hearing on August 27, 1996. All interested persons are invited to attend and be heard
regarding this matter. This Jeffersonville Common Council meeting may be continued
from time to time as found necessary. The Jeffersonville Common Council may take
official action at the conclusion of debate at this meeting.
Such notice given and posted this ~ ¢ ~day of ~'~;z~ ~' ,1996.
Jeffersonville Clerk-Treasurer
"EXHIBIT A"
STATE OF INDIANA g
CODNTY OF CLARK
SSg
BEFORE THE JEFFERSONVILLE
CITY PLAN COMMISSION
IN THBMATTER OFT HE PETITION OF
Land-Mill Developers, Inc.
TO RE-ZONE PROPERTY
)
)
)
)
PETITION ~ AMEND THE..
JEFFERSONVILLE, INDIANA ZONING ORDINANCE
To the Jeffersonvtlle City Plan Commtssiong
The undersigned petitioner respectfully requests an smendment to the Zoning Districts
set out on the District Zone Maps of the City of Jeffersonville, Indiana with respect
to the followin8 described rea! estate, situated in the City of Jeffersonville,
County of Clark, State of Indiana, to-witt
Legal description attached
Da-qia R. Bl~mkenheker, p.L.S-
Victor H. MeCauiey, P.L.S.
422 Meigs Avenue
Jeffersonville, Indiana 47130
Hov.,md R. Blmia~al~U~ (1~5-1974)
· RottynI-'I. ~ (19'~,--1~94)
Blankenbeker & Son
Land Surveyors Inc, P.C.
Established 1945
(812) 2824183
(812) 2824197 FAX
P.O. Box 157
leffersonville, Indiana 47131-0157
6 August 1996
DESCriPTION OF A 3 ACRE TRACT IN sURVEY #22
Being a part of Survey gZ2 of the Illinois Grant to Clark County, Indiana and being further described as
follows: Beginning at a stone in the tine dividing Surveys g22 and #35, said sWne being southwee~ly along said
dividing line 1504.80 feet from the northerly corer of said Survey g22; Thence S.39°30'E,, (prosing a steel pin
in the southeasterly Right-of-Way line of the CSX ltailroad, formerly the B & O Railroad, at 854.89 fee0 a total
of 2320.55 feet to THE TRUE pLACE OF BEGINNING.
indiana State Highway 62);
Thence S.17°39'27'W-, along said Right-of-Way line, 221.07 feet to a steel pin;
° ' 8'W 306.379 feet to a steel pin;
Thence N.43 23 2 .,
Thence S.31027'20'W'' 148.114 feet to a steel pin;
Thence N-39030,W', 274.88 feet to THE TRUE pLACE OF BEGINNING..
Containing 3.00 acres end being subject to all easements of record.
This description prepared for rezoning purposes only. No field surveying done this date.
filed: 12513.des
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TO OWNERS
Through
PURCHASE AGREEMENT 'This is a legal~y binding contract, tf not understood, seek competent advice.
AGENCY/AGENCiES
County~ Indiana, for the sum of
payable as fo~lows: A downpayment of
and the balance of the purchase pnce
shall be payable in accordance with paragraph _ j , of warranty deed
PARAGRAPH 1 (SALE BY DEED) The balance of the purchase price
PARAGRAPH 2 (ASSUMPTION OF MORTGAGE) The balance of the purchase price shall be paid in cash upon delivery of warranty deed except the purchaser shall
assume the mortgage now on record in the approximate unpaid amount of _ ) interest at _ -- %. monthly payments of $ (principal and interest)
Qoilars ($ · - · -~- --r-base ~dce. The escrow account, if any shall be handled as shown ~n
(principal interest, taxes, insurance) which the purchaser agrees to assume and pay as a pan o~
"FURTHER CONDITIONS"
PARAGRAPH 3 (SALE BY CONTRACT) The balance of __
_ Dollars ($ ) shall be paid upon the term of an approved form of Lanci Contract to be executed by the parties at the closing
of the transaction, interest O/o. payments $ __ principal and interest. In addition to the above mentioned payment, taxes and insurance are to be
pa d (separately when due (monthly). Said contract may be paid in full at any time without penalty and shall include a. . day default clause
PARAGRAPH 4 (NEW LOAN TO BE OBTAINED) The balance of the purchase price shall be paid in cash upon deJivery of warranty deed Completion of this transaction
shall be upon the condition that purchaser be successful in obtaining a (conventional) (insured conventional) (FHA) (VA) first mortgage loan upon said real estate in the sum
Purchaser shall
of $ _
pay all costs of obtaining hnancmg, except seller shall pay any apphcable discount points not to exceed _ _ points. If this agreement terminates due to the purchasers
inab~hty to obtain Iinencm9, the earnest money depos,t shall be refunded to the purchaser without delay.
CLOSING: Loan Auol~cat~on ~o ~e made w~tnm _ _ working days after the acceptance of th~s Purchase Agreement. Loan Approval to be obtained w~thm_ days
aft ~e.~ .appl,~.~a~,.~, ~ -{~9 [ A reasonable Ex ens,on of T me ,, hereby granted not ,o exceed_.. - ~cYa~ oOnNoLrYl(~annCaa~);r°ofv~ ~nsdenro~So~nY;c~
of ~L.~--';~- ~,-5=.~J-F:x~r~'~ -7 ~ ~. ~r extensions sha~l be n writing s~gned by the Se lets and Purchasers. It loan a~p
TITLEEVIDENCE:SellershalIpa-$. ~-~ [owarostnecostofeweenceofmerchantar)~et~tleasQes~reooythePurcnaser Ci~ecl<°ne ~ LenOersT~tlelns
THIS PROPERTY IS BEING PURCHASED "AS IS , sue[act to aH coy ............... nts. e
the BROKERS AND SALESPERSONS DO NOT WARRANT NOR GUARANTEE THE FIND NGS OF ANY INSPECTOR. Should no inspections De requ~reci or requested o¥ me
PURCHASE AGREEMENT DATE:
PROPERTY ADDRESS:
BI/fERS:
SELLERS:
JULY 8th, 1996
3735 E. HWY 62 (17.9 ACRES)
JEFFERSONVILLE, IN 47130
LAND-MILL DEVELOPERS, INC.
ALEXANDER AND MONIHON
ATTACHMENT ~1
Contingencies to Offer
1. Zoning approvals for single family zero lot line/ patio home
development.
2. Approval of ingress, egress, and entrance acceptable to Buyers.
3. Availability of all utilities at terms acceptable to Buyers.
4. Offer subject to site engineering acceptable to Buyers. All
site engineering costs to be paid by Buyers.
5. Contingencies to be removed by Buyers within 120 days after
acceptance of offer by Seller.
6. Buyer to provide and pay for an environmental report acceptable
to buyer.
7. Buyer shall have right to access property to perform necessary
engineering and other investigations and studies.
8. Purchase to be closed within 30 days after removal of
contingencies.
9. Any reference to Real Estate Brokers in this offer form shall
be considered null and void.
t0. David L. Miller is a licensed Real Estate Salesperson, no Re~l
Estate fees or commissions are due or apply in this
transaction.
We hereby accept and agree to the above terms and conditions which
are to be made an integral part of the above mentioned purchase
agreement.
ATTACHMENT
(continued)
BUYER ~
SELLER DA'~'~