HomeMy WebLinkAboutBPW APPROVED 6/27/18 CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS
Waypoint Residential, LLC,
a Delaware limited liability company
and its affiliates and subsidiaries ("Waypoint")
Re: Approval of property line encroachments for Waypoint with respect to the real property
described on Exhibit A hereto in Jeffersonville, Indiana(the "Property").
Per Waypoint's request, this letter shall serve as an acknowledgment that CITY OF
JEFFERSONVILLE - BOARD OF PUBLIC WORKS (the "Board"), as evidenced by the minutes
from the Board's June 27, 2018 meeting attached hereto as Exhibit B, has approved that balconies
at the Property will encroach over the sidewalks at the Property as shown on Exhibit C hereto.
Such approval is the only approval needed in connection with the foregoing and the Board
acknowledges that Waypoint is relying on this letter.
CITY OF JEFFERSONVILLE
BOARD OF 'UBIC WO' i
uIBy: 1. !, I1s11 >iC—
Name:
vE 01f
Title: ` ,L
I
EAST\157820433.1
EXHIBIT A
PROPERTY
SEE ATTACHED
EAST\1S7820433.1
EXHIBIT"A"
LEGAL DESCRIPTION OF THE PROPERTY
Parcel I:
The following described real estate and the improvements thereon situated in the sty of
Jeffersonville, County of Clark, State of Indiana, to-wit: From the lab on of the
northeasterly line of Mulberry Street with the northwesterly line of Maple Street, measure
northeasterly 30 feet along the northwesterly lint of Maple Street to the northeasterly
property line of the Louisville & Jeffersonville Bridge and Railroad Company; thence
deflecting 90 degrees to the left, measure northwesterly 150 feet along said northeasterly
property line, said property line being parallel with and 30 feet distant measured
northeasterly and at right angles from the northeasterly line of Mulberry Street; thence
deflecting 90 degrees to the right, measure northeasterly 6 feet to the place of beginning;
thence deflecting 90 degrees to the telt,measure northwesterly 299 feet to the southeasterly
line of Court Street, previously known as New Market Street; said last described course
being parallel with and 36 feet distance measured northeasterly at right angles to the
northeasterly line of Mulberry Street; thence deflecting 90 degrees to the right, measure
northeasterly 70.2 feet along the southeasterly line of Court Streee thence deflecting 90
degrees to the right, measure southeasterly 110 feet;thence deflecting 90 degrees to the left,
measure northeasterly 65.6 fleet; thence deflecting 90 degrees to the right, measure
aoci heasterly 64 feet; theaca deflecting 90 degreesto the left, measure northeasterly 28.2
feet; thence deflecting 90 degrees to the right, measure southeasterly 62 feet; thence
deflecting 90 degrees to the right, measure southwesterly 97 feet; thence deflecting 90
degrees to the left,measure southeasterly 63 fees;thence deflecting 90 degrees to the right,
measure southwesterly 67 feet to the place of beginning,containing ming an area of 30,802 square
feet, more or less.
Subject however,to the rights of the abutting owners in a private way 10 feet in width as
provided for in a deed dated December 15, 1888, recorded in Deed Record 78,page 530 of
Clark County,Indiana records.
ALSO,the west Thirty-three(33)feet of Lot No.Five(5)in Black No.Twenty-seven(27)in
the City of Jeffersonville, according to the map of said city printed by C. R Milne in 1839,
end also a parcel extending southwazrily from the above paavel a distance of Sixty (60)feet
into Out-lot No. 250 of said city, in all making a panel 33 feet le width and 110 feet in
depth.
ALSO, Lot Number Four(4) in Block No. 27, in the City of leffe onville and extending
back the same width of said Ocelot Na 250,in said city,a distance of Sixty(60)feet,being
35.4 feet front on Mart Street(now Court Avenue), more or less, and 110 feet in depth
from the south lire of said street.
ALSO, a part of Lots 218 and 219 in the City of Jeffersonville, Clark County, Indiana,
described es follows: Beginning on the southerly lire of said Lot 219,a distance of 37.25
EAST\144629742.9
(continued)
fact along said southerly line easterly from the southwest corner of said Lot 219; thence
Westerly 7725 feet along the soetberly line of acid Lots 218 and 219; thence Northerly
213.00 feet parallel with the easterly line of said Lot 218 to the northerly hue of said Lot 218;
thence Eoeteriy along said northerly line. 77.25 feet; thence Southerly 213.00 feet parallel
with the easterly line of said Lot 218,to the point of beginning and containing 16,454 square
feat,more or lass.
ALSO, pact of Out Lot No. 250 in the City of Jeffersonville, Clark County, Radians, and
being further described as follows: Begiaming at the southeast corner of Court Avenue and
Mulberry Street,same being the northwest corner of Lot No. 1,Block No. 27 in said city;
theme North 58 deg.44'East along the south line of Court Avenue, 179.25 feet to a point,
being the northeast comer of Lot No. 5 in said Block No.27;thence South 30 deg. 56' 15"
East,along the line dividing Lot Nos. 5 and 6 in said Block No.27 and mid line ended,
110.00 het to a point,the true place of beginning;thence conte South 30 deg. 36' 15"
Baas,62.0 feet to the southwest corner of a tract described in Deed Record Book 262,page
557 of said county records; thence South 58 deg.44' West, 5.27 feet to a railroad spike,
being a corner of a tract described in Deed Record Book 161, page 327 of said county
records;thence N.30 deg.56'Went, 62.0 feet along a line of said tract to an iron pipe on a
corner of said tract;thence North 56 deg.44'Wast,5.27 feet to the r=ue place of beginning.
catmining 326.73 square het,mom or less.
ALSO, all that parcel of laud situated in the Town of Jeffersonville, County'of Clark and
State Of Indiana,being a pert of Lot Number 217 end Lot Number 250 in the Original Town
of Jeffersonville and also being a portion of that parcel of land designated Tract"B".on a plat
of survey made by I L,.Fewell&Assoc.toe.,dated July 27,197!and revised January 18,
1980, and bounded and described according to said plan of survey as follows, to-wit
Beginning at a point or the easterly line of Mulberry Street(60 feet wide)distant 200 fact
measured South 40 deg.East,along said line of Mulberry Street from the northwest corner of
the aforesaid Lot No. 250 on the southerly line of Court Avenue (100 feet wide), said
beginning point being also the southwest west canner of a parcel of laud designated Tract"A"on
the aforesaid plan of survey;extending from said beginning point the following four courses
and distances: (1)North 49 deg. 58' 20"Ent,along the southerly line of said Tract"A",a
distance of 36 feet to a point; thence (2) South 40 deg. East, 89 feet to a point on the
northwesterly line of a 10 foot wide driveway est; thence (3) South 50 deg. West,
along said northwesterly line, the distance of 36 fleet to a point on the easterly line of
Mulberry Street; thence (4) North 40 de`. Wert, along said line of Mulberry Street, the
distance of 89 feet to the place of begioniag,containing 3,202 square feet,more or leas, or
0.074 of an acre,more or less. EXCEPTING and reserving, however,er, to The Penn Central
Corporation, a Pennsylvania corporation, and the Cleveland Cincinnati, Chicago and St.
Louis Railway Company, a corporation of the States of Ohio and Pennsylvania, easements
for all existing wire and pipe agreements, occupancies and licenses, if tory, between The
Penn Central Corporation and The Cleveland Cincinnati, Chicago and St. Louis Railway
EAST\144,529742.9
(continuer°
Company and other parties,of record or not ofrecord that in any way encumber the premises
hereinabove described, together with the right to convey suck easements to the occupant
without securing approval of the Grantee herein. The Penn Central Corporation and The
Clevelaand Cincinnati, Chicago and St. Louts Railway Company specifically reserve and
retain all rentals, fees end considerations resulting from such agreements, occupancies,
licenses and easement conveyances.
ALSO, a part of Out Lot No. 250 in the City of Jeffersonville, Clark County, Indiana end
being farther described es follows: .Beginning at the southeast comer of Court Avenue and
Mulberry Street, same being the northwest corms of Lot 1, Block 27 hr said city, thence
North 58 deg. 44'Bast,slung the south line of Court Avenue,179.25 feet to a point on the
northeast corner of Lot S in said Block 27; thence South 30 deg.56' 15"East,along the line
dividing Lots 5 and 6 is said block and said line extended,172.00 feet to en iron pipe on the
south corner of a tart of lend described in Deed Drawer 9,Instannent 13008 of said county
records;thence Northeasterly along the southern line of said treat,21.22 feet to a point,the
true place of beginning;thence continuing Nly along said southern line,27.80 feet
to an Iron pipe en the east comer of said tract and Indio line •dividing Out Lots 250 and 251;
thence Southeasterly along said dividing line,61.27 feet to an iron pipe on the east ours of
Out Lot 250;thence Sauthwe tezIy along the southern line of said Out Lot 251,28.75 feet to
an iron pipe; thence Northwesterly 61.50 flet, more or leas,to the true place of beginning,
containing 1735 square few more or less.
EXCEPTINCI THEREFROM,part of Out Lot No. 250 In the City of Jeffersonville,Clash
County,Indiana,and being lunar described as follows+ Beginning at the southeast cornu of
Court Avenue and Mulberry Street,same being the northwest coater of Lot No.1,Block No.
27,in said city;thence North 58 deg.44'East,along the south line of Court Avenue, 174.25
feet to a point,bring the northeast comer of Lot No.5 in said Block No.27;thence South 30
deg.56' 15"East,ung the line dividing Lot Nos.5 surd No.6 iti said Block No.27 and said
line extended H0.00 feet to an iron pipe, the true place of beginning; thence continuing
South 30 deg. 56' 15" East,62.00 few to the eon41Iwa:at corner of a tract described In Deed
Record Book 262,page 557,of said county records;thence South 513 deg.44'West,2.43 feet
to a railroad speech thence North 30 deg.56' 15"West,62.0 feet to an iron pipe;thence North
58 dog.44'East,2.43 feat to the true place of beginning, 150.66 square feet,more
or lass.
Subject to any and all easements and restrictions of record affecting this real estate.
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Parcel 3:
TRACT ONE
Part of Lot No. 217 in the City of Jeffersonville described as follows: Beginning 30
feet from the northeast corner of Maple and Mulberry Streets; thence Easterly along
Maple Street 32.66 feet; thence Northwardly 150 feet to a private alley; thence
along the alley, Westwardly 32.66 feet to a point 30 feet from the east line of
Mulberry Street; thence Southwardly 150 feet to the place of beginning.
TRACT TWO
All that parcel of land situated in the Town of Jeffersonville, County of Clark and
State of Indiana, being a part of Lot Number 217 in the original Town of
Jeffersonville, being also a part of that parcel of land designated Tract "13"on a plan
of survey made by B. L. Fewell & Assoc., Inc., dated July 27, 1977 and revised
January 18, 1980, and bounded and described according to said plan as follows, to-
wit: Commencing ing at a point on the easterly line of Mulberry Street (60 feet wide)
distant 200 feet measured South 40 deg. East from the northwest corner of Outlot
Number 250, in said original Town of Jeffersonville; thence North 49 deg. 58' 20"
East, 36 feet to a point; thence South 40 deg. East, 99 feet to a point in the
southeasterly line of a 10 foot wide driveway easement;thence South 50 deg. West,
6 feet along said southeasterly line to a P.K. nail marking the point of beginning for
the parcel of land herein to be described; thence South 40 deg. East, 149.48 feet to
an iron pin on the northerly line of Maple Street (60 feet wide); thence South 49
deg. 16'20" West, 30.00 feet along the northerly line of Maple Street to a P.K. nail
set at the southwest corner of said Lot Number 217,on the easterly line of Mulberry
• Street; thence North 40 deg. West 150 feet along the easterly line of Mulberry
Street to a P.K nail set in the southeasterly line of said 10 foot driveway easement;
thence North 50 deg. East, 30.0 feet along said southeasterly line to the place of
beginning, containing 4,492.20 square feet of land, or 0.103 of an acre, more or
less.
EXCEPTING AND RESERVING, however, to Penn Central Corporation and The
Cleveland, Chicago and St. Louis Railway Company. easements for all existing
wire and pipe agreements, occupancies and licenses, if any, between Penn Central
Corporation and The Cleveland, Chicago and St. Louis Railway Company and other
parties, of record or not of record, that in any way encumber the premises
hereinabove described, together with the right to convey such easements to the
occupant without securing approval of the Grantee herein. Penn Central
Corporation and The Cleveland Chicago and St. Lois Railway Company
specifically reserves and retains all rentals, fees and considerations resulting from
such agreements,occupancies,licenses and easement conveyances.
Subject to any and all easements and restrictions of record affecting this real estate.
FAST\!44629742.9
EXHIBIT B
BOARD MINUTES
SEE ATTACHED
EAST\157820433.1
CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS
June 27, 2018
MEMBERS PRESENT: Mike Moore, Mayor, Rob Waiz, Redevelopment Director, Eric Hedrick,JPD Fire Chief,
Christy O'Neil, Executive Admin Asst to Mayor, Elisha Gibson, Utility Billing Manager, Len Ashack, Director
of Waste Water, Matt Dyer, IT Director, Les Merkley, Corporate Counsel, Larry Wallace, Building
Commissioner, Paul Northam, Parks Superintendent, Kim Calabro, HR Director, Bill Dixon, Asst City Engineer,
Delynn Rutherford, Grant Administrator, Scott McVoy, Asst Chief JPD, Andy Crouch, City Engineer, Sara Green,
Director Animal Control, Phil Caldwell, Director of Vehicle Maintenance, Heather Metcalf, Controller, Nathan
Pruitt, Director of Planning &Zoning, Clark Miles, Director Street Department, Delynn Rutherford, City Grant
Writer
CALL TO ORDER: Mayor Moore called the meeting to order at 9:31 am
APPROVAL OF THE MINUTES: Mr. Hedrick made the motion to APPROVE the minutes from the
June 20, 2018 meeting, seconded by Mr. Waiz, motion PASSED 3-0.
APPROVAL OF THE PAYROLL: Mr. Waiz made the motion to APPROVE the payroll, seconded by Mr.
Hedrick, motion PASSED 3-0.
OLD BUSINESS:
1. Nathan Pruitt—Request for approval to place Bike Share racks in right away at 3 locations within
the City. Three locations are as follows: Big 4 Park, Cluckers, & Across from Buckheads. This request
was tabled from June 20, 2018 meeting. Rob Waiz is to speak with Sheraton hotel about possibly
putting the rack on their side of street instead of on Buckhead side. Mr. Waiz made motion to approve
bike racks, seconded by Eric Hedrick, motion passed 3-0.
NEW BUSINESS:
1. Kim Calabro— Request for approval of contract between City and Kye's for the City Holiday party
to be held on December 6, 2018. Mr. Waiz made motion to approve contract, seconded by Mr.
Hedrick, motion passed 3-0.
2. Les Merkley/Jorge Lanz— Request for approval of Resolution 2018- R-9 concerning damages
awarded for condemnation of real properties located at 819 Ohio Avenue. Mr. Hedrick made
motion to approve Resolution 2018-R-9, seconded by Mr. Waiz, motion passed 3-0.
3. Rob Waiz— Request for approval of property line encroachments for Waypoint. Balcony will
hang over sidewalks. Mr. Hedrick made motion to approve encroachment for Waypoint,
seconded by Mr. Waiz, motion passed 3-0.
EAST\157820433.1
EXHIBIT C
SITE PLAN/ BALCONIES OVER SIDEWALKS
SEE ATTACHED
EAST\157820433.1
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