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Home My WebLink About2005-OR-48 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2005-OR-48 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 11.328 ACRE TRACT MORE OR LESS LOCATED ON CHARLESTOWN PIKE NEAR WOHRLE ROAD AND ADJACENT TO FOXBORO SUBDIVISION FROM R2: MEDIUM DENSITY RESIDENTIAL TO PD-R2: PLANNED DEVELOPMENT-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" through "D" from R2: Medium Density Residential to PD-R2: Planned Development-Medium Density Residential; and, Whereas, on July 26, 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 August 1, 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" through "D" is hereby changed from R2: Medium Density Residential to Pd-R2' Planned Development-Medium Density Resiential; 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 1_%~-- day of August 2005. COMMON CO THE CITY ILLE, INDIANA/ By: ~'~'- W/z, Jr. Robert L. Presiding Qfficer ATTEST' ~~'~~~[_jkJ~p e g gy Wl~er Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this _~ day of August 2005. Clerk-Treasurer This Ordinance approved and signed by me Robert August 2005. , Mayor Howard 1~ Blaakeabeker (1905-197- David R. Blankenbeker, P.L.S. Rotlyn H. Blankenbeker (1934-199, Terry A. Kendall, P.L.S. Blankenbeker & Son Land SurveYors Inc., P.C. ~stablished 1946 422 Meigs Avenue Jeffersonville, Indiana 47130 (812) 282-4183 phone (812) 282-4197 fax '.P.O. Box 157 Jefferso~ville, 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 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 BEGh-NNING. Containing 10.809 acres, and' being subject to all easements of record. EXHIBIT "A" file: bph.w~ 'David R. Blankcnbcker, P.L.S. Terry A. Kendall, P.L.$. Howard IL Blankenbeker (1905-19 RollynH. Bl~mkenbeker (1934-19 Blankenbeker & Son Land Surveyors Inc., P.C. gstablished 194,5 422 Meigs Avenue Jeffersonville, Indiana 47 ! 30 (812) 282-4183 phone (812) 282-4197 f,~ 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 f-u~er described ~ follows: Beginning at the southwest comer of Lot 36 in Foxboro, Section 1, as shown in Plat. Book 9, Page 63 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 bearing 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.20'38'3 I"W., 48.79 feet; Thence N.68'26'37"W., 30 feet to the original centeriine 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 fight (concave southwesterly) bein 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 0.5 19 acre, and being.subject to all easements of record. EXHIBIT "B' file' bphr.wpd Key No..' 21-46-003 ! &. 2 !-47-001 ! Send Tax Statements To: WARRANTY DEED THIS INDENTU!LE WlTNESSETH, that Wilson E. Prentice, of Clark County, Indiana ("C.n'antor"), 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 Doffs M. Prentice, husband and wife, of' Clark County, Indiana ("Orantee"), 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 assi.~ned and set off to Lucinda Walkup, wife of Andrew Walkup, formerly Lucinda Adams, daughter b-f 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 Jeffersonville and Chartestown Tm-pike and the center road bed of the Ft. Wayne and Southern Railroad, now the B&O SW RR. EXCEPTING THEREFKOM: 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. t'. 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. '/905. i. Real estate conveyed by deed recorded in Deed Drawer 27, as Instrument No. 8946. 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 Imtrument No. 164. 1. Any and ali of the above described real estate which is not now owned by the ,m:antor. This conveyance is made subject to all applicable easements, rights-of-way, restrictions and agreements of record. · Real estate taxes having been apportioaed between Grantor and Grantee lierein, Grantee hereby assumes and agrees to pay the -~_~'. _ installment of real estate taxes for the year 200Z. , payable in 200 B , and all subsequent real estate taxes. IN WITNESS WHEREOF, Grantor hereby executes this deed on this the ~_~~ day of ~q _, 2003. Wilson E. Prentice STATE OF INDtA~A COUNTY OF CLARK BEFORE M]~, the undersigned, a Notary Public, in and for the above-named County a. nd State, this Z'~d~ day of ~,,/ ~ 2003, personally appeared Wilson E. Prentice, and acknowledged the execu-~on or'he foregoing Warranty Deed. WITNESS my hand and notarial seal. My Commission expires: Printed Name Resident of _~--'('.~¥~ County This instrument prepared by: Keith D. Mull APPLEGATE & MULL 131 East Court Avenue, Suite 10 Post Ot'Tice Box 1418 ~}effersonville, Indiana 47131-14 (812) 284-'9499 0 0 / .i . ~7/27/2885 11:28 2856~68 JEFF PAGE 83/84 STATE OF INDIANA BEFORE TI-rE JEFFERSONVILLE PLAN COMMISSION IN RE THE AP]:"LICATION OF DBA D.RB, LL(;-DUARD B. AVERY, .IR. T()' REZONE A CERTAIN TRACT OF PROPERTY BEING PART (~,F SURVEY NO. 2I OF THE ILLIN('.)IS GRANT FROM DESCRIBED A~..~ 11.328 ACRE TR. ACT ON CIdARLES:"OWN PIKE NEAR WOHRLE ROAD AND ADJACENT TO FOXBORO SUBDIVISION FROM 1>,2: MEDIUM r,ENSITY RESIDENTIAL TO PD-R2: PL3.~ED DEVELOPMENT- MEDIUM DENti;ITY RES~ENT~L _(':ERTIFICATION OF FAVQR~.._BLE .RECOMMEN, DAT!ON OF PRO. POSED. ORDINANCE Whereas, DBA DRB, LLC- Duard B. Avery, Jr. filed a petition before the Jeffe. rsonville Plain Commission to change the zoning designation of the property described in attar:bed Exhibits "A" through "D" (the "Property"), from R2' Medium Density Residem:ial to PD-K2' Planned Development-Medium Density Residential, and; Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public heating on the petition on July 26, 2005; and, Whereas, at thc conclusion of the hearing the Jeffersonville Plan Commission voted by a major: l:y vote of its entire membership to favorably recommend d~e proposed change of zoning designation o£ the Proper~ to the Jeffersonville Common Council. IT IS TIt:EREFORE CERTIFIED that on July 26, 2005, the Jeffersonville Plan Commission fav¢,rably recommended that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property ~om R2: Medium Density Resident: al to PD-R2' Planned Development-Medium Density Residential as requested in thc l:etition of DBA DRB, LLC-Duard B. Avery., Jr. So certifia,:t this 26th day of July 2005. , l-!td~'Kove rt, Chairman JUL 27 2885 12:39 2856,468 David R. Blankenbeker, P.L.S. Terry A. Kendall, P.L.S. Howard R. Blankenbeker (1905- I Rotlyn H. Blankenbeker (I93Zl- l Blankenbeker & Son .Land. Surveyors. Inc., P.C. EsLablished t945 422 Meigs Avenue Jeffersonville, Indiana 47130 (812) 282-4183 phone (812) 282-4197 fax P.O. Box 157 Jeffen;onvilte, Indiana 4713143157 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 beixtg further described follows: Beginning at the southwest comer of Lot 36 in Foxboro, Section 1, as shown in Plat Book 9 Page 63 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 subtenc · ,, 39.12 feet alon by a chord bearing N.51 ~3 22 W., 145.53 feet; Thence N.68'28'38 W., 145 81 feet; Thence the arc of a 25 foot radius curve to the right (concave northeasterly), beirtg subtended by a chord ~2.drtg 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 BEG~qN'[NG. Cont~g 10.809 acres, and being subject to all easements of record. EXHIBIT "A" file: bpb.vqxt 'David R. Blankeabeker, P.L.S- Terry A. Kendall, P.L.S. Howard tL Blankeubeker (1905- Kollyn I4. B lankeubeker (1934- Blankenbe'ker & Son Land Surveyors Inc., P.C. $stablished I945 422 Meigs Avenue jeffersonv[lle, Indiana 47130 (8'12) 282-4183 phone (8~2) 282-4~97 P.O. ~Box 157 · Jeffersoaville, Indiana 47t31-0157 1 8 April 2005 DESCRI~ION OF 0.519 ACRE IN SURVEY//21 Being a part of Survey #21 of the Illinois Grant to Clark County, Indiana and being Rxa2ter describe( follows: . Beginning at the southwest comer of Lot 36 in Foxboro, Section I, as shown in Plat Book 9, Page said county records; Thence S.35'04'06"E., along the southwestern line of Foxboro Subdivision, 463.09 fee 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) bein 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 sou_eastel_ _,th ry) being subtended by a chord bearing S.66'04'50"W., 35.63 feet; Thence S._0 38'3 I"W., 48 79 feet; Thence N.68'26'37"'W., 30 feet to the original centefline of Chariestowu Pike; Thence N.20'38'18"E., along said centerline, 120.01 feet; Thence N.21' 10'22"E., along said centedine, 79.16 feet; Thence S.68'28'38"E., 30 feet; Thence S.21' I 0'22"W., 50.l 5 feet; Thence 39.12 feet along the arc of a 25 foot radius curve to the left (concave no:~easterl.,rth Y) 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) 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.: 2146.4031 & 2147-001 ! MAY b o. 2003 Send Tax Statm'aenta To: .. '.r.-,, :.; '.: ~.~,,.,.[ ,: .: .. ., . WARRANTY DEED THIS tNDENTUP~ WITNESSETH, that Wilson E. Prentice, of' Clark County, Indiana ("Crrantor"), for and in consideration of tko 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 Cla~k Courtly, Indiana ("Orantee"), the following described rea[ estate in Clark County, Indiana, to-wit: Ninety-four and orte-haJ, f (94 1/2) acres in Survey No. 2 ! of the Illinois Grant which was assigned and set off' to Lucinda Walkup, wife of Andrew Walk'up, formerly Lucinda Adams, daughter 6fMathew 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 partitiom being the land owned by said Mathew Adams, deceased at the time ofhis death, in said Lot 21 of said grant which lies between the center of the leffersonville and Charlestown Turnpike and the center road bed of the Ft. Wayne and Southern Railroad, now the B&O SW EXCEPTING THEREFROM: a. Buttonwood Subdivision, as shown in Plat Book'9, page 37, containing 6~8009 acres. b. Buttonwood Subdivision, Sectiort 2, as shown in Flat Book 9, page 69, containing 2.8535 acres. c. All that part of the above described real estate incIuded within Buttonwood Subdivision, Section 3, as shown in Plat Book 9, page 70, containing 12.4572 acres. cl. Buttonwood Subdivision, Section 5, as shown in Plat Book 10, page 45, containing 5.2059 acres. c. Buttonwood Subdivision, Section 6, as shown in Plat Book 10, page 6'6, cont~ning 8.995 acres. f. Buttonwood Subdivision, Section 7, as sb, o-wn in Flat Book I l, page 38, containirtg 4.224 acres. g. R. ea! estate conveyed by deed recorded in Deed Drawer 25, as Instrument No. 13350. h. Real estate conveyed by deed recorded in Deed Drawer 29, a.s Instrument No. 7905. i. Real estate conveyed by deed recorded in Deed Drawer 27, as Instrument No. 8946. Real estate conveyed by deed recorded in Deed Drawer 29, as Instrument No. 3637. k. Ken! estate conveyed by deed recorded in Deed Drawer 30, as Instrument No. 164. 1. Any at~d att of' the above described real estate which is not now owned by the ~antor. This conveyance is made subject to all appticable easements, fights-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 ....~tS~. '_ installment of real estate taxes for the year 200Z.. , payable in 200 ~ , and all subsequent real estate taxes. IN WIT~SS WHEREOF, Grantor hereby executes this deed on this the ?.~. day of Wilson E. Prentice STATE OF INDLAaNA COUNTY OF CLAR/< BEFORE ME, the undersigned, a Notary Public, in and for the above-named County and State, this Z'~ day of' ]4.z.,/ 2003, personally appeared Wilson E. Prentice, and acknowledged the execution of Lhe ~oregoing ~arranty Deed. WITNESS my hand ~d notarial seal. My Commission expires: This instrument prepared by: Keith D. Mull APPLEGATE & MULL I East Court Avenue, Suite 10 Post Office Box 1418 Jeffersonville, Indiana 47131-14 (812) 284-9499 0 0 .- '.- -..-,:.. ~-~.- -?.5 . . ., . . .. / .. /. i /---._ NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP Notice is hereby given that on August 1, 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 R2' Medium Density Residential to PD-R2' Planned Development-Medium Density Residential. DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFER.S. ONVILLE PROPERTY ADDRESS' Being part of Survey No. 21 of the Illinois Grant, Jeffersonville Township, Clark Count~, Indiana, containing a 11.328 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 July 26, 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 28th day of July 2005. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal