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Home My WebLink About2005-OR-33 STATE OF INDIANA iBEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2005-OR-33 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY DESCRIBED AS BEING PART OF SURVEY NO. 21 OF THE ILLINOIS GRANT IN THE CITY OF JEFFERSONVILLE CONTAINING A ll.328.ACRE TRACT MORE OR LESS LOCATED ON CHARLESTOWN PIKE NEAR WOHRLE ROAD AND ADJACENT TO FOXBORO SUBDIVISION FROM MI: 'LIMITED MULTIFAMILY RESIDENTIAL TO 1t2' MEDIUM DENSITY RESIDENTIAL Whereas, DBA DRB, LLC-Duard B. Avery, Jr., has filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property described in the attached "Exhibits A" and "B" from M l: Limited Multifamily Residential to R2: Medium Density Residential; and, Whereas, on June 28, 2005 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 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 July 11, 2005 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 "Exhibits A" and "B" is hereby changed from MI: Limited Multifamily Residential to R2: Medium Density 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 11 day of July' 2005. COMMON~ ~ THE CI¢~OF JEFF ~~.~ONVILLE, By: ' ~~e~ ~. Cz, ~r. PreSiding/Officer ATTEST: e gg~'"'W~~ Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ~-D~, day of July 2005. Peggy W'il'de r Clerk-Treasurer This Ordinance approved and signed by me j_~ July 2005. Robert ., Mayor David R. Blankenbeker, P.L.S. Terry A. Kendall, P.L.S. Howard R. Blank{mbeker (1905-1974) RollynH. Blankenbeker (1934-1994) Blankenbeker & Son Land Surveyors Inc., P.C. Es[ablished 1945 422 Meigs Avenue Jeffersonville, Indiana 47130 (812) 282-4183 phone (812) 282-4197 fax P.O. Box 157 Jeffersonvill[e, Indiana 47131-0157 18 April 2005 DESCRIPTION OF 10.809 ACRES IN SURVEY #21 Being a part of Survey #21 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at the southwest comer of Lot 36 in Foxboro, Section 1, as shown in Plat Book 9, Page 63 of said county records; Thence S.35°04'06"E., along the southwestern line of Foxboro Subdivision, 463.09 feet; Thence S.21 °31'22"W., 917.26 feet; Thence S.53°54'40"W,, 154.35 feet; Thence N.34°38'07"W., 23.67 feet; Thence 147.66 feet along the arc of a 250 foot radius curve to the left (concave southwesterly) being subtended by a chord beating N.51°33'22"W., 145.53 feet; Thence N.68°28'38"W., 145.81 feet; Thence 39.112 feet along the arc of a 25 foot radius curve to the fight (concave northeasterly), being subtended by a chord 'bearing N.23°39'08"W., 35.25 feet; Thence N.21°10'22"E., 1214.36 feet; Thence S.34°57'13"E., 40.09 feet;. Thence N.21°08'02"E., 30 feet to THE PLACE OF BEGINNING. Containing 10.809 acres, and being subject to all easements of record. EXHIBIT "A" file: bph.wpd 'David R. Blankenbeker, P.L.$. Terry A. Kendall, P.L.S. Howard 1L Blankenbeker (1905-1974) RollynH. Blankenbeker (1934-1994) Blankenbeker & Son Land Surveyors Inc., P.C. Es[abtished 1945 ' - 422 Meigs Avenue Jeffersonville, Indiana 47130 (812) 282-4183 phone (812) 282-4197 fax P.O. Box 157 Jeffersonville, .Indiana 4'7131-0157 18 April 2005 DESC~PTION ~OF 0.519 ACRE IN SURVEY #21 Being a part of Survey #21 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at the southwest comer of Lot 36 in Foxboro, Section 1, as shown in Plat Book 9, Page 63 of said county records; Thence S.35°04'06"E., along the southwestern line of Foxboro Subdivision, 463.09 feet; Thence S.21°31'22"W., 917.26 feet; Thence S.53°54'40"W., 154.35 feet to the TRUE PLACE OF BEGINNING: Thence continuing S.53°54'40"W., 50.02 feet; Thence N.34°38'07"W., 24.94 feet; Thence 118.13 feet alOng the arc of a 200 foot radius curve to the left (concave southwesterly) being subtended by a chord beating N.51 °33'22"W., 116.42 feet; Thence N.68°28'38"W., 144.53 feet; Thence 39.66 feet along the arc of.a 25 foot radius curve to the left (concave southeasterly), being subtended by a chord bearing S.66°04'50"W., 35.63 feet; Thence S.20°38'31 "W., 48.79 feet; Thence N.68°26'37"W., 30 feet to the original centerline of Charlestown Pike; Thence N.20°38'18"E., along .said centerline, 120.01 feet; Thence N.21° 10'22"E., along said centerline, 79.16 feet; Thence S.68'28'38"E., 30 feet; Thence S.21° 10'22"W., 50.15 feet; Thence 39'. 12 feet along the arc of a 25 foot radius curve to the left (concave northeasterly) being subtended by a chord bearing S.23'39'08"E., 35.25 feet; Thence S.68°28'38"E., 145.81 feet; Thence 147.66 feet along the arc of a 250 foot radius curve to the right (cOncave southwesterly) being subtended by a chord bearing S.51 °33'22"E., 145.53 feet; Thence S.34°38'07"E., 23.67 feet to THE TRUE PLACE OF BEGINNING. Containing 0.519 acre, and ~being subject to all easements of record. ~e: bphr.wpd EXHIBIT "B' Key No.: 2 ! -46-0031 & 21-47-0011 Send Tax Statements To: WARRANTY DEED THIS INDENTURE WlTNESSETH, that Wilson E. Prentice, of Clark County, Indiana ("Grantor"), for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, CONVEYS AND WARRANTS to Wilson E. Prentice and Doris M. Prentice, husband and wife, of Clark County, Indiana ("Grantee"), the following described real estate in Clark County, Indiana,. to-wit: Ninety-four and one-half (94 1/2) acres in Survey No. 21 of the Illinois Grant which was assigned and set off to Lucinda Walkup, wife of Andrew Walkup, formerly Lucinda Adams, daughter of Mathew Adams, deceased in the partition of the real estate of Mathew Adams, deceased, whicl~ was confirmed in the court of Common Pleas of said county at the May Term 1864, and designated as Lot No. 6 on plat of said partition, being the land owned by said Mathew Adams, deceased at the time of his death, in said Lot 21 of said grant which lies between the center of the Jeffersonville and Charlestown Turnpike and the center road bed of the Ft. Wayne and Southern Railroad, now the B&O SW RR. EXCEPTING THEREFROM: a. Buttonwood Subdivision, as shown in Plat Book 9, page 37, containing 6.8009 acres. b. Buttonwood Subdivision, Section 2, as shown in Plat Book 9, page 69, containing 2.8535 acres. c. All that part of the above described real estate included within Buttonwood Subdivision, Section 3, as shown in Plat Book 9, page 70, containing 12.4572 acres. d. Buttonwood Subdivision, Section 5, as shown in Plat Book 10, page 45, containing 5.2059 acres. e. Buttonwood Subdivision, SectiOn 6, as shown in Plat Book 10, page 66, containing 8.995 acres. f. Buttonwood Subdivision, Section 7, as shown in Plat Book 11, page 38, containing 4.224 acres. g. Real estate conveyed by deed recorded in Deed Drawer 25, as Instrument No. 13350. h. Real estate conveyed by deed recorded in Deed Drawer 29, as Instrument No. 7905. i. Real estate conveyed by deed recorded in Deed Drawer 27, as Instrument No. 89461 j. Real estate conveyed by deed recorded in Deed Drawer 29, as Instrument No. 3637. k. Real estate conveyed by deed recorded in Deed Drawer 30, as Instrument No. 164. 1. Any and all of the above described real estate which is not now owned by the grantor. This conveyance is made subject to all applicable easements, rights-of-way, restrictions and agreements of record. Real estate taxes having been apportioned between Grantor and Grantee lierein, Grantee hereby assumes and agrees to pay the -~V54' __ installment of real estate taxes for the year 200Z, , payable in 200 3 , and all subsequent real estate taxes. IN WITNESS WHEREOF, Grantor hereby executes this deed on this the ~.~ day of --'~' '~'7' ' ,2003. Wilson E. Prentice STATE OF INDIANA COUNTY OF CLARK BEFORE ME, the undersigned, a Notary Public, in and for the above-named County and State, this g~ day of~ .P~z_.~ ,2003, personally appeared Wilson E. Prentice, and acknowledged the execution oflthe foregoing'Warranty Deed. WITNESS my hand and notarial seal. My Commission expires: Printed Name Resident of ~---'(*V$ County This instrument prepared by: Keith D. Mull APPLEGATE & MULL 131 East Court Avenue, Suite I 0'I Post Office Box 1418 Jeffersonville, Indiana 47131-1418 (812) 284-9499 0 0 0 0 0 o..c ~UL 06 ~00~ 10'~5 FR 00 81~8~917~ TO ~856~68 P.0~×06 STATE OF INDIANA BEFO~ THE JEFFEP, SO~ILLE PLAN COMMISSION IN RI:. TIlE APPLICATION OF DBA DP, B, LLC-DUARD B. AVERY, JR. TO REZONE A CERTAIN TRACT OF PKOPEP, TY BEING PAKT OF SURVEY'NO. 21 OF THE ILLINOIS G~T FROM DESCRIBED AS 11.328 ACRE TRACT ON CHARLESTOWN PIKE NEAR WOHRLE ROAD AND ADJACENT TO FOXBOR. O SUBDIVISION FROM M1: LIMITED MULTI-FAMILY I~ESIDENTIAL TO R2: MEDRJM DENSITY RESIDENTIAL · ~..E. RT~VIC.,A..TI_O~. OF_rA_V_O ,~..._.,,LE .RE_C_O_._M1HEN_D_AT~0...~ OF PROPOSED O_RDINA~CE Whereas, DBA DRB, LLC- Duard B. Avery, .Ir, filed a p~ition before J¢ffer~onville Pi~ Commission to change thc zoning designation of the property described in attached Exhibits "A" and "B" (the "Property"), from MI' Limked MuI'dfamily Residential te R2: Mediam Density Residential, a~d; llrh~¢as, after proper notice by publication, the Jeffcrsonville Plan Commission held a public hearing on thc petition on June 28, 2005; and, Whereas, at the conclusion oft he hearing the Jeffersenvill¢ Plan Commission voted by a majority vote of its entire membership to favorably recommend the proposed change of zoning designation of th~ Property to the Jeffersonvill~ Common Coumil. IT I$ THEREFORE CERTIFIED thai on June 2~, 2005, the Jeffersonville Plan Commission favorably recommended that the Jeffer$onville Common Council enact by ordinance thc proposed zoning designation change of the property from MI' Limited Multifamily Residential to K2: Medium Density Residential as requested in the petition of DBA DRB, LLC-Duard B. Avery, Jr. So certified this 28t~ day of June 2005, David R. Blankenbeker, P.L.S. Howard R. Blankenbeker (1905-1974) Terry A. Kendall, P.L.S. Rollyn H. Blankenbeker (1934-1994) Blan.kenbeker & Son Land Surveyors Inc., P.C. Es[ablished 1945 David R. Blankenbekcr, P.L.S. Terry A. Kendall, P.L.S. Howard [L Blankenbeker (1905-1974) Rollyn H. Blankenbeker (1934-1994) Blankenbeker & Son Land SurveYors Inc., P.C. Es[ablished 1945 422 Meigs Avenue ' Jeffersonville, Indiana 47130 (812) 282-4183 phone (812) 2824197 fax P.O. Box 157 Jeffersonville, Indiana 47131-0157 18 April 2005 DEscRIpTION OF 10.809 ACRES IN SURVEY #21 Being a part of Survey #21 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at the southwest comer of Lot 36 in Foxboro, Section 1, as shown in Plat Book 9, Page 63 of said county records; Thence S.35°04'06"E., along the southwestern line of Foxboro Subdivision, 463.09 feet; Thence S.21°31'22"W-, 917.26 feet; Thence S.53'54'40"W., 154.35 feet; Thence N.34°38'07,'W., 23.67 feet; Thence 147.66 feet along the arc of a 250 foot radius curve to the left (concave southwesterly) being subtended by a chord bearing N.51'33'22"W., 145.53 feet; Thence N.68'28'38"W., 145.81 feet; Thence 39.12 feet along the arc of a 25 foot radius curve to-the right (concave northeasterly), being subtended by a chord bearing N.23°39'08"W., 3 5.25 feet; Thence N.21' 10'22"E., 1214.36 feet; Thence"S.34°57'13"E., 40.09 feet; Thence N.21°08'02"E., 30 feet to THE PLACE OF BEGINNING. Containing 10.809 acres, and being subject to all easements of record. EXHIBIT "A" file' bph.wpd Howard R. Blankenbeker (1905-197. ' David R. B lankenbeker, P.L.S. Rollyn H. B lankenbeker (1934-199. Terry A. Kendall, P.L.S. Blankenbeker & Son Land Surveyors Inc., P.C. Established 1945 422 Meigs Avenue Jeffersonville, Indiana 47130 (812) 282-4183 phone (812) 282-4197 fax P.O. Box 157 Jeffersonville, Indiana 47131-0157 18 April 2005 DESCRIPTION OF 0.519 ACRE IN SURVEY #21 Being a part of Survey #21 of the Illinois Grant to Clark County, Indiana and being fm~er described as follows: Beginning at the southwest.comer of Lot 36 in Foxboro, Section 1, as shown in Plat Book 9, Page 63 of said county records; Thence S.35°04'06"E., along the southwestem line of Foxboro Subdivision, 463.09 feet; Thence S.21°31'22''W., 917.26 feet; Thence S.53'54'40"W., 154.35 feet to the TRUE PLACE OF BEGINNING: Thence continuing S.53'54'40"W., 50.02 feet; Thence N.34'38'07"W., 24.94 feet; Thence 118.13 feet along the arc of a 200 foot radius curve to the left (concave southwesterly) being subtended by a chord beating N.51 ~ .... w., 116.42 feet; Thence N.68°28'38"W-, 144.53 feet; Thence 39.66 feet along the arc of a 25 foot radius curve to the left (concave southeasterly), being subtended by a chord beating S.66°04'50''W., 35.63 feet; Thence S.20'38'3 I"W., 48.79 feet; Thence N.68°26'37"W-, 30 feet to the original centerline~ of Charlestown Pike; Thence N.20'38'18"E., along said centerline, 1.20.01 feet; Thence N.21' 10'22"E., along said centerline, 79.16 feet; Thence S.68'28'38"E., 30 feet; Thence S.21' 10'22"W., 50.15 feet; Thence 39.12 feet along the arc of a 25 foot radius curve to the left (concave northeasterly) being subtended by a chord bearing S.23'39'08"E., 35.25 feet; Thence S.68'28'38"E., 145.81 feet; Thence 147.66 feet along the arc of a 250 foot radius curve to the fight (concave southwesterly) being subtended by a chord bearing S.51°33'22"E., 145.53 feet; Thence S.34'38'07"E., 23.67 feet to THE TRUE PLACE OF BEGINNING. Containing 0.519 acre, and being subject to all easements of record. EXHIBIT "B' file: bphr.wpd Key No.: 21-46-0031 & 21-47-001t Send Tax Statements To: WARRANTY DEED THIS INDENTURE WlTNESSETH, that Wilson E. Prentice, of Clark County, Indiana ("Grantor"), for and in consideration ofthe sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, CONVEYS AND WA KRiS to Wilson E. Prentice and Doris M. Prentice, husband and wife, of Clark County, Indiana ("Grantee"), the following described real estate in Clark County, Indiana,. to-wit: Ninety-four and one-half (94 1/2) acres in Survey No. 21 of the Illinois Grant which was assigned and set off to Lucinda Walkup, wife of Andrew Walkup, formerly Lucinda Adams, daughter of Mathew Adams, deceased in the partition of the real estate of Mathew Adams, deceased, which was confirmed in the court of Common Pleas of said county at the May Term 1864, and designated as Lot No. 6 on plat of said partition, being the land owned by said Mathew Adams, deceased at the time of his death, in said Lot 21 of said grant which lies between the center of the leffersonville and Chadestown Turnpike and the center road bed 'of the Ft. Wayne and Southern Railroad, now the B&O SW RR. EXCEPTING THEREFROM: a. Buttonwood Subdivision, as shown in Plat Book 9- page 37, containing 6.8009 acres. b. Buttonwood Subdivision, Section 2, as shown in Plat Book 9, page 69, containing 2.8535 acres. c. Ali that part of the above described real estate included within Buttonwood Subdivision, Section 3, as shown in Plat Book 9, page 70, containing 12.4572 acres. d. Buttonwood Subdivision, Section 5, as shown in Plat Book 10, page 45, containing 5.2059 acres. e. Buttonwood Subdivision, Section 6, as.shown in Plat Book 10, page 66, containing 8.995 acres. t'. Buttonwood Subdivision, Section 7, as shown in Plat Book I 1, page 3 8, containing 4.224 acres. g. Real .estate conveyed by deed recorded in Deed Drawer 25, as Instrument NO. 13350. h. Real estate conveyed by deed recorded in Deed Drawer 29, as Instrument No. 7905. i. Real estate conveyed by deed recorded in Deed Drawer 27, as Instrument No. 8946. j. Real estate conveyed by deed recorded in Deed Drawer 29, as Instrument No. 3637. k. Real estate conveyed by deed recorded in Deed Drawer 30, as Instrument No. 164. I. Any and all.of the above described real-estate which is not now owned by the grantor. This conveyance is made subject to all applicable easements, rights-of-way, restrictions and agreements of record. Real estate taxes having been apportioned between Grantor and Grantee herein, Grantee hereby assumes and agrees to pay the ~V~.~__ . installment of real estate taxes for the year 200~ , payable in 200 ~3 , and all subsequent real estate taxes. IN WITNESS WF[EREOF, Grantor hereby executes this deed on this the ~"~ day of 2003. Wilson E. Prentice STATE OF INDL~NA COUNTY OF CLARK BEFORE M~E, the undersigned, a Notary Public, in and for the above-named County and State, this Z.'~ day of .P~ ,2003, personally appeared Wilson E. Prentice, and acknowledged the execution of~e i;oregoing Warranty Deed. WITNESS my hand and notarial seal. My Commission expires: ~ ~,,-e& ~1~ ~,~o'2 ... _ Printed Name Resident of ~"(*V_~ County , This instrument prepared by' Keith D. Mull APPLEGATE & MULL 131 East Court Avenue, Suite 101 Post Office Box 1418 Jeffersonville, Indiana 47131-1418 (812) 284-9499 0 0 // · / , // ./ ..- // ./ NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP ..... Notice is hereby given that on July 11, 2005 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 MI' Limited Multifamily Residential to R2' Medium Density Residential. DESCRIPTION OF PROPERTY LOCATED IN , THE cITY OF JEFFERS.ONVILLE PROPERTY ADDRESS' Being part of Survey No. 21 of the Illinois Grant, Jeffersonville Township, Clark County, Indiana, containing a tl.328 acre tract more or less located on Charlestown Pike near Wohrle Road and adjacent to Foxboro Subdivision 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 June 28, 2005. 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 6th day of July 2005. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal