HomeMy WebLinkAbout2004-OR-18 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2004-OR- 18
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A
CERTAIN TRACT OF PROPERTY BEING ALL OF LOTS 56, 57 AND 58 AND
PART OF LOTS 54, 55 AND 59 IN THE CITY OF JEFFERSONVILLE FROM
NI: NEIGHBORHOOD INDUSTRIAL TO M2: MULTIFAMILY RESIDENTIAL.
Whereas, Realty Equities, LLC has 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 NI: Neighborhood Industrial to M2: Multifamily Residential;
and,
Whereas, on March 30, 2004 the Jeffersonville Plan commission has certified to
the Council a favorable recommendation concerning the proposed change to the City's
zoning map; 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 timely posted notice of its intent to consider
the proposed change of zoning map designation at the regular meeting scheduled for
April 5, 2004 at 7:30 o'clock p.m.; 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 NI: Neighborhood Industrial to M2:
Multifamily Residential; and
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 ~-vr, day of April 2004.
COMMO~ CO~ ~,~SF
THE CITY ~F JEI ONVILLE,
By: [/
Robert L.~ raiz, Jr.
Presiding~Officer
ATTEST:
~eggy Vv~ffde~r
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this ~ day of April 2004.
~dUh~
br
Clerk-Treasurer
, ri]
This Ordinance approved and signed by me t f Ap 12004.
~.obert ~sf. Waiz,//r., Mayor
_T!{~_~'DIID ls made this I~day of February,' 1998, by and
be~weem ~3%YMOND B. ROBISON d/b/~ ROBISON FOUNDRIES, a'widower and
resident Of 2300 Mohican Hill, Louisville, Kentucky 40207, Party of
the First Part, and ROBISON ENTERPRISES, LL~, a Kentucky Limited
· Liability'Company, whose address is 2300 Mohican Hill, Louisville,
Kentuc~y 40207, Party of the Second Part::
WITNESSETH:
That, for a nominal consideration, the receipt of Which' is
hereby acknow~edgJd, {he Party of the First'Part hereby.transfers,
conveys, releases and qu].tc~alms unto the Party of the Second Part,
i.n fee ~imple, all of his right', txtle and 'interest in and to the
following-described property located in'Clark County, Ihdian~,
wit.:
See- Exhibit "A" attached h'e~eto and made a.part, hereof.
BEING the Same property which was conveyed to Party of
the First Part by Deed dated August 7, 1987 and recorded
in Drawer as Instrument Number 10365 in the office of
the Clerk o--~ the County Court of Clark County, Indiana.
Thia conveyance is subject to all real estate taxes and all
restrictions, stipulations and easements of.record affecting said
property.
The parties hereto stat% the consideration for this Deed is
nominal and this transfer is from an individual to his compady, and
'thus this transfer ia not subject to taX.
The Party of the second part joins this Deed for the sole
purpose of. certifying the nominal consideration.
The Party of the First Part· ·further covenants that he is
lawfully seized of the estate hereby conveyed, with full right and
power to convey th~ same, and that the estate is free of
encumbrances except .re~trictions and easements of record,·· any
mortgages or liens of record, any State, County, School and City
taxes that are due and payable, and all subsequent taxes which ~he
Party of the Second Part does hereby assume and agree to pay.
IN T~STIMONXW~FEP. EOI, WITNESS the signature~.of the Party of
the First Part and the
first written above.
Party of the Second Part a~ of th~ date
RA~MOND-B. ROBISON, First Party
ROBISON ENTERPRISES,- LT.C, Second Party
Adt~orized 'Member and Manager,
Ra~ond B. Robison
COMMONWEALTH. OF KENTUCKY )
)
COUNTY OF JEFFERSON )
! hereby certify that the foregoing Deed was acknowledged,
' 1998,
subscribed and sworn to be_fore me this _~ day. of February,
by Ra~ond B. Robis~n, as Party of the Fzrst Part.
My Commission Expires:
Notary Public
2
COMMONWEALTH OF KENTUCKY )
)
.)
COtTNTY OF! JEFFERSON
certif that the fe. re~oih~ ,Deed was acknowledged,
I hereby Y . ~ . ·
subscribed and sworn to befoCe m9 thi.~ ~ < day of February, 1998,
and member
by Raymond B. ?.obison, as an authorized representative
of the. Party of the Second Part.
?ubl xc
~HIS INSTRUMENT p~EPARED B~:
Mark A. smcdat
NAPIER, PERKINS & SMEbAL
1012 Wate~f~ont'P!aza'
325 West. M~in'Street'
Louisville, KY 40202
{502) 587-0707
and
1511 Nole Drive
jeffersonville, Indiana 47130' .
~812) 280-1611
EXHIBIT "A"
X·ckec'an~ W~XL. SCroeCl a~ runmi~$ ~ouch'v~r~l~
aton~ the ~ilC i~l..o~ ~oC ~o. ~?, ~00 ~eeC mote
~ocCh tine o~ e~ alley 366 ~eeC; ~or· o~ lees,
Co'the ~ast %toe of Sprlml ~cee:; thence
&·iL~s ~ocC~veg&~ Co the so·ch LL~e o~
· 5Crests, the t'rhe pt6ce of be$innin~,
chac p·cc of Lo~ ,NO. 5~ im the Ci~7 of
of ch· i~uCh'~n~'of H~rkeC Street v~th the Sase
~a¢C tiaa ~f ~pci~$ Scre~C 166.43 ~eeC CO a dcill
~[~ {~ c~e m~6'~velk ac the southwest corner of
q~Linm's lot, Cbs ccue place of beginning; Chence.
G~cche&icvardl~ i~t ~4caltet Co HacceC..~cceec zna
e~o~.~he X~ne o~ qu~n~'l ~ot in& ~he ~oC et
36.~8 ~eec.co I F.g. nail im c~e vest slde oi ·
power ~bL'e oh"the notch side of · ceo ~ooC
Street 88.167 ieee t6'a drill hot~ l: the
36.~& ~eat CO the true place nE
A~So a-Cr~cC,.af %an$.conSLstL~ nE ~ot 58 ann p~rC
oi Lgt.}9 af..'Ch· Ortllnat Tov~ et .$effeclaavLLte,
C~ack' ~0UmtI. IntranS. aeC''.---et of 6414 Loc
Em~C'Pec~t~'~r~'c ·
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
REALTY EQUITIES, LLC TO REZONE
A CERTAIN TRACT OF PROPERTY
BEING ALL OF LOTS 56, 57 AND 58
AND PART OF LOTS 54, 55 AND 59 IN
THE CITY OF JEFFERSONVlLLE FROM
Nh NEIGHBORHOOD INDUSTRIAL TO
M2: MULTIFAMILY RESIDENTIAL
~E CHANGE
Whereas, Realty Equities, LLC has filed a petition before the Jeffersonville
Plan Commission to change the zoning designation of the property described in
attached Exhibit "A" (the "Property"), from NI: Neighborhood Industrial to M2:
Multifamily Residential, and;
Whereas, after proper notice by publication, the jeffersonville Plan
Commission held a public hearing on the petition on March 30, 2004 and;
Whereas, at the conclusion of the hearing the Jeffersonville Plan
Commission voted by a majority vote of its membership to make a favorable
recommendation concerning the proposed change of zoning designation of the
Property to the Jeffersonville Common Council.
IT IS THEREFORE CERTIFIED that on March 30, 2004, the Jeffersonville
Plan Commission made a favorable recommendation concerning the
Jeffersonville Common Council enactment by ordinance of the proposed zoning
designation change of the property from NI: Neighborhood Industrial to M2:
Multifamily Residential, as requested in the petition Realty Equities, LLC.
so certified this 30'" day of March
ga 'Ev. Kovert -
T~X~'DI~D is made this I~t~'.day of February,'. 1998, by and
b~(wee~ RAYMOND B. ROBISON d/b/'a ROBISON FOUNDRIES, a'widower and
resident Of 2300 Mohican Hill, Louisville, Kentucky 40207, Party of
the Virst Part, and ROBISON ENTERPRISES, LLC., a Ken'~ucky Limited
Liability'Company, whose address is 2300 Mohican Hill, Louisville,
Kentucky 40207, Party of the Second Partl
That, for a nominal consideration, the rRceipt of Which [s
hereby acknow~ed%~d, ~he Party of the First Part hereby.transfers,
conveys, releases andq~i.tc~aims unto the Party of the Second Part,
' to the
' t
in fee simple, all of his rxgh , txtle and 'interest in and
following-described property located in'Clark C~unty, Indiana, to-
See- Exhibit "A" attached hereto and made a.part hereof-
BEING the Same property which was convoyed to party of
the First part by Deed dated August 7, 1987 and recorded
in Drawer 'as Instrument Numbe~ 10365 in the office of
the Clerk ~ the County Court of Clark County, Indiana.
This conveyance is subject to all real estate taxes and all
restricsions, stipulatior~s and easements of.record affecting s.aid
property- ' ·
The parties herefo state'the consideration for this Deed is
nominal and this transfer is from an individual to his compafly,
· thus thi~ transfer is not subject to taX.
The Party o~ the second part joins this Deed for the sole
purpose of. certifying the nominal consideration.
The Party of the First Part .further covenants that he is
'lawfully seized of the estate hereby conveyed, with full right and
power to. convey th~ same, and that the estate is free of
encumbrances except restrictions and easements of record,', any
mortgages or liens of record, any State, County, School and city
taxes'that are due and payable, and all subsequent taxes which ~he
Party of the Second Part does hereby assume and agree.to pay.
~N TESTiMONX ~OF, WITNESS the signatureg'of the party of
the First.Part and the Party of the Second Part a~ of
first written above.
th~ date
~A~MOND-B. ROBISON, First Party
ROBISON ENTERPRISES,' LLC, Second Party
~t~orized-~e.m~.er .and Manager,
Ra~ond B. Roblson
COMMONWF-J%LTH' OF KENTUCKY
)
COUNTY OF JEFFERSON
'~ hereby certify that the foregoing Deed was acknowledged,
sub -, m. Par v o£ t~e ~lrsu ~u. .
b~ Ra~ond B. Robeson. .... t_
~otary Public
2
My commission Expires:_
cOMMONWEALTH. OF KENTUCKY )
)
.)
CO%FNTY OF. J~FFERSON
I. hereby certify that the fore~olh~.Deed was acknowledged,
subscribed and sworn to before m~ ~his ~q~ day of February, !998,
and member
by Raymond B. ?.obison, as an authori~:e~ representative
of the. Party of the Second Part.
~HIS INSTRUMENT PREPARED BY~
~-~vid B. Perkins, p.S;C.
Mark A. smcdal
NApiER, PERKINS & sMEDAL
1012 Wate~front'P!aza'
325 West. Main'Street'
Louisville, KY 40202
{502) 587-0707
and
1511 Nole Drive
jeffersonville, Indiana 47130 ' .
(812) 280-1611
EXHIBIT "A"
4'eacr. Lb*~
co~u~c a~ la~d Lot
to'Chi ~a$C ~Lae o~ Spt{ag Soccer; thence
LOCI NOI.
chat p&cc
of the I(~C~'~LU~'Of
· ' · line o~ qui~u'~ Lot
a~o~ ~h
36.~8 ~eet Co Chi Ccue place o~ bi,LanCeS-
o[ t~c.~ o~,~ha OraSLnal Tov~ o[ .$e~teriOaVLLle,
.BeSLu~Lng. a~. the Wotcnve-~ ....
· a~ ~oc~' 5~'J~,~ ~ ' ,- ,:~- of sa£a Lot
NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAp
Notice is hereby given that on April 5, 2004 at 7:30 o'clock p.m. 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 NI: Neighborhood Industrial to
M2: Multifamily Residential.
DESCRIPTION OF PROPERTY LOCATED IN.
THE CITY OF JEFFERSONVILLE
PROPERTY ADDRESS: All of Lots 56, 57, and 58 and Part of Lots 54,
55, and 59 having a street address of 120 E. Market Street, formerly
known as Gorsuch Foundry.
The Jeffersonville Plan Commission made a favorable recommendation
concerning the adoption of an ordinance enacting this proposed change of zoning map
designation after notice and hearing on March 30, 2004. 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 March 2004.
Peggy Wilder
Jeffersonville Clerk-Treasurer