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HomeMy WebLinkAbout2011-OR-34 BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE, INDIANA ORDNANCE NO. 2011-OR- 31 AN ORDINANCE REZONING 5.7 ACRES FROM RI: LOW DENSITY RESIDENTIAL TO IS: INSTITUTIONAL USES WHEREAS, the Jeffersonville Plan Commission has certified a favorable recommendation to rezone 5.7 acres located at 3311 Holmans Lane from RI: Low Density Residential zoning to IS: Institutional zoning; and WHEREAS, the Common Council believes such recommendation is in the best interests of the City; NOW, THEREFORE, BE IT ORDAINED by the Common Council for the City of Jeffersonville, Indiana, as follows: 1. In considering proposals for rezoning, pursuant to LC. 36- 7- 4- 602(cx3) and I.C. 36 -7- 4-603, the Common Council must pay reasonable regard to (a) the comprehensive plan; (b) current conditions and the character of current structures and uses in each district; (c) the most desirable use for which the land in each district is adapted; (d) the conservation of property values throughout the jurisdiction; and (e) responsible development and growth. 2. Notice was given and a public hearing was held pursuant to I.C. 36 -74-604 by the Jeffersonville Plan Commission on the request of Indiana Ministries Of The Church Of God to rezone 5.7 acres from RI: Low Density Residential zoning to IS: Institutional zoning under Case Number PC- 11 -12. 3. The hearing on the rezoning request was held on May 31, 2011. 4. Upon consideration of the factors required by law, after having reviewed the petition and exhibits thereto, after having reviewed any letters of support of or protest against, and after having heard from representatives of Indiana Ministries Of The Church Of God and any remonstrators or objectors, and after consideration of the plan commission staff reports, the Plan Commission by majority vote of sufficient number Commission members voted to give the rezoning request a FAVORABLE recommendation, and such favorable recommendation has been properly certified to the Common Council in accordance with Indiana law. 5. The 5.7 acre parcel of property as more particularly described in Exhibit A, attached herewith and made a part hereof, shall be, and is hereby rezoned from RI to IS. SO ORDAINED this 20th day of June 2011. COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE, INDIANA COUNCIL PERSONS VOTING LN FAVOR: COUNCIL PERSONS VOTING AGAINST: t / . ji .A . j A. }r / Sew r P Y 'cJ QA ATTEST: W LCl& Clerkr APPROVED: f ayor Or I. E,1,10 )t A ` Shirley Helot 2P V)c- k \_ \'] CLARK COUNTY RECORDER + Clerk Count y Recorder i)4 i,., teas+et t�.ti. : 0 0 3 1 48 93 31/ 2 00S T P CORPORATE QUIT CLAIM DEED THIS INDENTURE WITNESSETH, that Indiana Ministries of the Church of God, Inc., an Indiana Religious Not for Profit Organization, by its duly authorized Officers, (Grantor) of Hamilton County in the State of Indiana, CONVEY(S) AND WARRANT(S) to the First Church of God of Jeffersonville, Indiana, an Indiana Religious Not for Profit Organization, (Grantee), of Clark County, in the State of Indiana, for the sum of ONE DOLLAR ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Clark County, Indiana: Situated in Grant No. 21 of the Illinois Grant, Clark County. Indiana, more parlicularly described as follows: Beginning at the referenced northerly corner of said Grant No. 21; thence with the line dividing said Giant No. 21 and Grant No. 22. S. 38° 26'23' E. 2238.7' to original norlhedy comer Of the 5.66 acre tract of land now or formerly owned by Alvin Jeffries as recorded in Deed Record 149, Page196, and the easterly comer of the 3.34 acre tract of land now or formerly owned by Howard and Wafter Alexander as recorded in Deed Drawer 11, Instrument No. 10144; thence leaving said Grant Nne with the fine dividing said Jeffries and said Alexander S. 51' 22' 00' W. 25.00' to a steel pin set in the southerty right- of-way line of Holmans lane; thence leaving said Alexander S. 36° 53' 53' E. 99.95'to a point in said southerly right-of-way line; thence continuing with said right-of -way S. 33° 43' 41' E. 20.07' to a steel pin set: said steel pin being the true point of beginning; thence leaving said tight-of-way on a line bearing 51 22' 00' W. 165.29' to a steel pin set; thence S. 37° 22' 35' E. passing the point of terminus of an ingress and egress road at 51.6' and a total of 61.94 to a steel pin set; thence S. 51° 22' 00' W. 110.00' to a steel pin set; thence N. 37' 22' 35" W. 181.86' to a steel pin set in t line dividing said Jeffries and said Alexander, thence with said dividing line and said fine extended S. 51 22' 00'W. 321.78' to a stone found; thence S. 38 15' 54' E. 759.83' to the southeasterly comer of said Jeffries Deed Record 145 Page 515, and the southwesterly coiner of the tract of land now or formerly owned by WiNiam and Lorena Pace as recorded In Deed Record 286, Page 364; thence with the fine dividing said Jeffries and said Pace N. 20' 05' 03' E. 503.09' to a railspike set: thence leaving said Pace on a line beating N. 38' 28'23' W. 100.00' to a steel pin set: thence N. 20 OF 03' E. 200.00' to a steel pin set in the southerly right-of-way of said Holmans Lane; thence with said right-of-way N. 44° 32' 23' W. 59.16' to the point of beginning of an Ingress and egress road; thence continuing with said Holman Lane N. 42° 52' 06' W. 38.11' to a point; thence continuing with said right-of -way N. 33° 43' 41°W. 80.27' to a point, the true point of beginning containing 6.5958 acres, more or less. The above described tract is subject to the following: 100' Public Service Indiana overhead power transmission line easement 20' in width private roadway easement Indiana Amedcan Water Company easement IF GRANTEE(S) OF SAID PROPERTY, should discontinue to operate as First Church of God of Jeffersonville, Indiana; should grantee(s) dissolve; should grantee(s) fail to adhere to the doctrines of the Church of God, Anderson, IN; or should grantee(s) choose to sever relations with the Church of God, Anderson, IN, said property and all assets shall become the property of Indiana Ministries of the Church of God, Inc., and in compliance with the IRS 501(c)(3) dissolution regulations -r - r : • 3 'r• - l 00 0 C J g E 0 M y 1 / t• ti. c p in d or 1 . f it X13. 4 414.4.. Lieu p it { I" % 'gin 2!