Loading...
HomeMy WebLinkAbout2005-OR-55 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2005-OR-55 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY DESCRIBED AS THE NORTHWEST CORNER OF TENTH AND WALNUT STREETS (321-323 & 325 E. TENTH STREET & THE PARCEL DIRECTLY BEHIND TENTH STREET) FROM 113: OLD CITY RESIDENTIAL TO C1: SMALL TO MEDIUM SCALE GENERAL COMMERCIAL Whereas, Brian Chinn, President, OASIS, Inc. dba Al's Liquors 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 R3: Old City Residential to CI: Small to Medium Scale General Commercial; and Whereas, on August 30, 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(0(1); and, Whereas, this Common Council has timely posted notice of its intent to consider the proposed change of zoning map designatibn at the regular meeting scheduled for September 12, 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 "Exhibit A" is hereby changed from R3: Old City Residential to C1: Small to Medium Scale Commercial; 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 \ ..')_ day of September 2005. ATTEST: iSegg~ilder Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this _~_ day of September 2005. Clerk-Treasurer This Ordinance approved and signed by me ~~ttuber 2005. Robert ET'Waiz, Jr~ayor ,_1un-14-05 08: !~2A P .01 ~RKE D.D. 7 / D.R. 2~0 Inst. 751 PG. 556 ~ Ap,'.~. ~_/,W.~/ Exist. lOTH STREET (60' R/W) t8 :LARK COUNT STATE BANK Inst. 5782 THIS pLAT WAS PREPARED FROM PUBLIC RECORDS AND A LIMITED FIELD SURVEY. 0 20 4-0 Scale 1'' = 20' BIGH~--OI?-WAY PLAT FOR ~ cr~r I)F ~]i~FF loth ~TREi~T RECON~U~ION p~CEL 14 Ct,~K COU~ ~A~ ~K EXHIBIT JACOBI, TO0k(]BS & LAN'Z, INC. CONSULTING ENGINEERS 120 BELL A~ENUE ~, n~DIANA 47129 (81~) 288-6646 JOB No. 9601 ~i~i$ .'INDENTURE WITNE:S,SETH, That W. T. TNSRAM C~Y~I%!~.~ON, a eox~pe~&tiOn o~ganized under the laws of :the State ~of. %~nd~a~a, COI~YS AND W~R~ANTS an ~ndiv!ded ~e~h~l~ .i~e~est ~o JOHN FOX, and an undivided one-half imte~:st ~o EDWARD ME~L, JR, for and in consideration of th~ sum of One ($1.00) Dollar and other good and valua~:.te aonsidera~ions, the receipt whereof is hereby ackno~,l~tedged, r. he following described real esta~e in the ~o%u~t'.~ of Clark, in che State of Indiana, to-wit~ ]?~rt of Lot No. 24 of the Leavenworth Tract of l~urvey No. 8 of the Illinois Crm~t in the To~n of Clark~r~ille, bounded thus: Beginning at a point in ~he se'~th line o{ S~a~sif~r A~enue at the ~orthwest corner of ~t N~. 1 of HUrst Heights Subdivision; thence North 89~ 45' Wes~m'~ the southern line of Stamsifer Avemfae 4~eeg to a point, the true place of begimnfng~e~ce South 0~ 15~ West, ~ . .ur.. ~ .... ~orth 89~ 45' West 10f feet uo a po~; ~,.=~u= ~, ~ and parallel to S~ansifer Avenue 38 feet to a point; thence No~th 0~ 15' East, 106 feet to a point in the south line of Stansi~er Avenue; thence South 89: 45' East along the southern line of Sta~sifer Avenue 38 feet to the true place of begi~ing. TRACT II place of beginning; thence South 0° 15' West, 1(.6 feet to a pointkt~n.ce North 89° 45' West and parallel to Stand,far Avel~ue 45 feet, more or less to a point i~k~he east line of Sherwood A%.enue; thence Nort~ ~15' East along the east lJ.ne of Sherwood A~enue'106 feet to the south line oJ! Stansifer Avenue; thence South 89~ 45' East a~.ong the south line of Stansf[fer Avenue 45 feet, m(:~re or less to the true place of beginning. TRACT III Lot No. 15 in Block N~. ~ of Ing~am & Read's Subdivision of part of~tter 'A" in Survey No. 2 of the Illinois ~ran~ as the same appears of r~ord in Plat Book 4/~ge 5[ in the Recorder's O{i!fice, Clark County/Indiana, the same being c::~mmonly known as 81~ Fulton Street° TRACT IV B,i~ginning at a point on the south line of Block No. ll8 and the north line of Tenth Street, 2.9.5 feet westwardly from the southeast corner of said Block; thence at right angles northwardly and on a line parallel with the east line of said Block~ 106 feet to a stake; thence at right angles west- ~ardly and on a line parallel with ~he south line cf said Block, 25 feet to a stake; thence at right angles southwardly &nd on a line parallel wlth the east line of said Block~ 106 feet ~o a stake on the south line of said Block, and the north line of Tenth Street; thence at right angles eastwardly along the ~outh line of said Block and the north line of Tenth ~.treet, 25 feet to the p[ace of beginning. T ,CT _V I.ot No. 27, and the .west half of Lot No. 28 in t~lock No. 11 of Fult~Gr~ve Suvdivision No. 2 of u..art of Letter "A" in ~u~ey No. 2 of the Illinois 6rant, as the same appe~s of record in Plat Book zl, page 53, in the Recg~d~r's Office, Clark County, ]indiana, the same bei~ commonly kn~wn as 1005 E. Uinth Street. / ' TRACT VI ~Beginning at the Southeast corner of Block No. 118 , .. trion of the North Line Of Te~th at the inl:erse~ .. ~ ..... .~ ~tr~e~.'thence North- Street an~d Wesn l~ne oz w~ut ~ , of said wardly at right angles along the EaSt li~e Block am(~ the WeSt line of WalnUt S~mee~, 106 feet to e' thence at right %ngleS Westwar'6lY and paral- s stak , line of said Bloc~, 29.5 femt to a lel with the South parallel stake; th~ence at right angles Southwardly and with the East line of said Block; 106 feet ~to a stake on the south line of said Block and the North lime of Tenth St:~eet; thence at right angles Eastwardly along the sout~a line of said Block and the North line of Tenth street, 29.5 feet to the place of beginning. Co~oniy ~own as 325 E. 10th St. .as exi:ended thence at right angles the n:~rth line of Ninth Street, :as to the true place of beginning. TRACT IV Being a part of Letter "A" in Survey No, 2 of the Illinois Grant, bounded thus: Beginning at the south- east cc~ner of Block llo, 14 in Fulton Grove Sub-division · ' ' the north -,~ 2 in said Letter "A" wha.c.~h poi~nt z.s. ~___ .a.,=. ~line of. Ninth Stree~ o~% ~-]~ ~u +~= north line of = , . co~tmnuzng eastw~r Ay - 5thence .... u_ ~ ~= e~tended, a distance of N~nth ,.,,tree , , , ~'~' _..[.. ~m= intersectzon of _ the true place of beg~n ~co~oniy renown ap_u~=%%{_ 2L-~+ =-=les with the wesn waral, y at rzght aqgi?s~/~i%~thence at right ~as extended, ~00 fee~ no ~ ?y~=f~ .:._. ~ aug : - - t~e~ north llme of Nznth Street, 63 feet to a s~ame on nne4 no~ ~ eas~ardly~ a~d on extemded, 100 feet TRACT V · Also: being a part of Letter "A" i~ ~urveY No. 2 of the llli~ois Grant, bounded thus: Beginning at the north- ast corner of Block Noo 15 in Fulton Grove Subdivision o. 2 in said Letter '~", which point is on the south ine of Nint. h ~street o~the Ci~ of Jeffersonville; h. en~i~e contznning eastwardly a~ong the south line of ~ntl~! Street, as?he same~is. ~xte=ded a distance of ~v ~1-==, ~ ~ nnz:nt at the~z~terSection 0~ ~he south WARRANTY DEED THIS INDENT'URE VCI[TNESSETH That Claire Merkel and Amxe Fox ("Grantors") for the sum of $1.00 and other good and valuable consideration, receipt of which !s hereby acknowledged, CONVEY AND WARRANT To The Departmenl: of Redevelopment, Jeffersonville, Indiana ("Grantee") the following described real estale situated in Clark County, State of Indiana, to-wit: Begiuning at Southeast comer of Block #118 at the intersection of the North Line of 10tn Street and West Line of Walnut Street, thence Northwardly at right angles along the East Line of said block and the West Line of Walnut Street, 106 feet to the true point of begiuning; thence at right angles Westwardly and parallel with the South Line of said k ~ock 69.5 feet to a point of intersection with the Easterly right-of-way to a point at lilac intersection of the West Line of Walnut Street; thence Southwardly along the West Line of Walnut Street 179 feet to the point ofbegirming. The abo"e described real estate is conveyed subject to applicable planning and zoning ordinanc ~s, rules, regulations and statutes, all other govenunent laws and regulations affecting the property, all legal highways, legal drains, right Of way, covenants, easemen:s and/or restrictions whether visible or of public record affecting said real estate. Also sub iect to the lien of real estate taxes and any other assessments becoming due and payable a:.~er the date of this Deed, which Grantee assumes and agrees to pay. IN WITNESS WHEREOF, the Grantors have caused this Deed to be executed this ~°c~a~ day of ~',! ,2005. Claire Merkel Am~e Fox I E XH/BIT I STATE OF COUNTY OF ,'.5~_~Z Before me, the undersigned, a Notary Public in and for said County and State, this .~ ~ day c'I ~ ., 2005, personally appeared Claire Merkel and acknowledged lhe e~ecution of the above and foregoing Deed. Witness my hand and notarial seal. My co~issim~ expires: Notary P. ublic, Residen~ Printed Name .... "%~ THIS INSTR JMENT expires: Before me, the undersigned, a Notary Public in and fOr said County and State, this ~-'~ay of_.. ~ {~l ~--~' , 2005, personally appeared Anne Fox and acknowledged the execution of the above and foregoing Deed. Witness !ny hand and notarial seal. ~~~/~~ Notary Public, P,/esident of. - , ~ Printed Name PREPARED WITHOUT BENEFIT OF TITLE SEARCH BY: DAVID NACHAND ATTORNEY AT LAW 426 E. COURT AVENUE AUG 51 2005 15:i? FR 00 812282917i TO 2856468 P.02/02 STATE OF INDIANA BEFOP~ THE .rEFFERSONVILLE PLAN COMMISSION IN P,E TIlE Ai:PLICATION OF BRIAN CH1N'I';', PKESIDENT, OASIS, 1NC.D.:B/A AL'S LIQUOP,$ TO ii~7,0NE A CERTAIN TI~,.CT OF PROPERTY BEING DESCLtBED AS TI-~ NORTI-I~EST CORNEK OF T~NTH AND ¥tALNUT STREETS (321-$23 & 32~ E. TENTH STP.EET) AND THE PALCEL DIKI~CTLY BEHIND ThE 'gENTH STREET PP. OPERTI~S FP. OM K3: OLD CITY IKESIDENTIAL TO CI: SMALL TO MEDIUM SCAI~ GENERAL COMMEKCIAI., ~',TERTIFICATION .O.F FA¥ORABLIg RECOMMENDATION ~O~F PROPOSED ORDINANCE Whm'eas. Briau Chin~, Prosident, OASIS, Inc. dba AI's Liquors h~ filed a petition before the Jeffersonville Plan Commi~ion to change the zo~ng designation of the propm-~y described in attached Exhibits "A" through "F" (thc !'Prop~Tty"), from Old City Residential to CI: Small to Medilun Scale Oolleral Commercial, and; Whereas: ~ffer proper notice by publication, the ,Ieffersonville Plan Commission hold a public hci dh§ on the petition on August 30, 2005; ~ Whore, as: at the conclusion Of the hearing tM lefferson~'ille Plan Commi$$1an voted by a majority vote of its en~e membership to favorably rccomm~d the proposed change of zoniu~ designation of the Property to the Jeffersonville Conmnori Council. IT IS TIt:EREFOR1/: CERTIFIED that on Au~t 30, 2005, the Jeffersonville Plan Commission'_ favorably recommended that tho ,leff~rsonvilla Common Council by ordinanc~ the [Xoposed zoning desigrmtion chan~e oft.he property from R3: Old City Residential to C1; Small to Medium Scale General Commercial as rc4uested in thc petition of Brian Chinn, President, OASIS, Inc. dba AI'~ Liquors. So ~rtifi¢;d fl~i$ ~0t~ day of August P.Oi % ~ //' ALBERT W. /~ ~ ~ BOOLEY PG. 556 0 Ex/st. lOTH STREET (60' R/W) THIS pLAT WAS PREPARED FROM PUBLIC RECORDS AND A LIMITED FIELD SURVEY. 2O 4O Scale 1" = 20' - RIGET-0!?-T&Y PLAT FOR Tht~ CITY ~)F ZEF~'F~SO14v!T'T'E loth ~[~ REOON~U~ION JAC0BI, TooHBS & LA/~, INC: CONSULT[NG ENGINEF~I~ ~20 BELL AYEN%'E CLARKSVIL~, ]NI~IAN~, 47129 (812) 288-6646 'B JO8 No. 9601 WA~NTyDEEB ~i~S INDENTUBEWITNESSETH, That W. T. INGRAM CO~R!~TION, e corporation or§anized under the laws of the State of Indiana, coNVEYS AND WAP~RANTS an undivtded one-h~l~ interest zo JOMN FOX, and mm undivided ome-half tnter~st to EDWARD MERKEL, JR. for amd in consideration of the sum of one ($1.00) Dollar and other good and valual:le considerations, the receipt whereof is hereby ackn~.~edged, the ~ollowing described rea~ estate in the Gou~t':? of Clark, in che State of Indiana, to-wit: ?art of Lot No. 24 of the Leave~worth Tract of Survey No. 8 of the Illinois CIa~t in the Town of Clarksvil!e, bounded thus~ Beginning at e point in t~e south line of Stansifer Avenue at the [%orthwest corner of Lot No. ~ of Hurst Kelghts subdivision; thence N 'h 89© 45' Wes~ almmg the southern line of org .. _ , e'A~'~e;t to a point, the true Stana~zer ave. ~ e~,,~b f)~ 15~ West, 10~ ~eeu ~ -~ %][%-~-- ~venue ~8 feet to a feet to. po~t; u point in =he south line of Stanstfer Avenue; thence South $9° 45' Esst along the southern line of Stansifer Avenue 38 feet to the true place of begt~aning. Z ACT place of beginning; thence South 0° 15' Wast, 1£.6 feet to a pointkt~nce North 890 45' West and parallel to Stan~f~r Ave~.xue 45 feet, more Or less to a point lathe e~a~,~ line of Sherwood A~renue; thence Nort~ ~ ~5 East along ~he east line of She~ood A~enue%106 feet to the south line of Stansifer Avenue; thence South 89~ 45' East a~..ong the South line of Stanstfer Avenue 45 feet, mc,re or lens to the true place of beginning. T~CT II!, Subdivision of part of~tter A' in ~urvey of the Illinois Grant~ as the same appears of 2 r~cord in Plat Book 4/~ge 5l in the Recorder ol~fice, Clark Coun~y~In~iena, the same being c:~mmonly known as 81~ Fulton Street. TRACT IV B~ginning at a point on the south line of Block No. 1].8 and the north line of Tenth Street, 29.5 feet westwardly f~om the southeast corner of said Block; thence at right angles northwardly and on a line parallel with the east line of said Block, 106 feet to a sta~e; thence at right angles west- ~rdly and on a line parallel with the south line cf said Block, 25'feet to a stake; thence at right angles southwardlY znd on a line parallel with the ~ast line of saidBlock, 106 feet go a stake on the ~outh line of sai~ Block, and the north line of Tenth ~treet; thence at:right angles eastwardly along the ~outh line of sei~ Block and the north line of Tenth ~treet, 25 feet ilo the piece of beginning. TRACT V I.ot No. 27, and the west half of Lot No. 28 in t;lock No. ll of Fult~ Gro/ve Suvdivision No. 2 of ~..art of Letter "A" in ~u~ev No. 2 of the Illinois 6rant, as the same appe~s ~)f record in Plat Book ~,, page 53, in the llecq~r's Offic~-~, Clark County, ].ndiana, the same bei~ commonly kn,own as 1005 E. l[inth Street. / TRACT VI corner of Block No. 118 .~ 'ming at the Southeast North Line of Te~th e t~l,Izersection of the SBa~reit~t a~ West line of ~alnut street, thence North- wardly at right angles alone the EaSt !ine of safd Block and the Nest 1The of WaTnut street' 106 {eet ~o s stake; thence at right angles ~estwardlY and paral- lel wfth the South line of sa~d Block~ ~9.5 {eet to a stake; t]:~ence at rf~ht anEles Southwardly and parallel with the East l~ne of s~4~d Block; 106 feet to a stake on the south l~ne of saz BlOCk and the North l~ne of Tenth St'feet; thence at right a~Eles Eastwardly alon~ the sout.h lfne of safd Block and the North line of Tenth street, 29.5 feet to the place of beginning. Co~O~iY known as 315 E. 10th St. TRAC% __V Also~ being a part· of Letter "A" in Survey No. 2 of the Illf~.ois Grant, hounded thus: Beginning at the north- Lst corner of Block No. 15 in Fulton Grove subdivision ~~ ........ ~" which point is on th~.~outh , tznuing eaS~Wa ~zy ~ · gM' one same z= . ~ ~ - ~znt?~ Street, , ~a~~sectzon o~ the south Being a part of Letter "A" in Survey No o 2 of the Illinois Grant~ bounded thus: Beginning at the south- east corner of BlOCk I~%i,,14 in Fulton Grove Sub-division in sa~d Letter which point is in the north · of jeffersonville; ~yne o~._~_~,~in~ eastw~aiY w~C~._~_m a distance o~ 63 {e,~t to a stake on as ex~,:ended thence at right angles eas~ardly, and on the n:~rth line of Ninth Street, as extended, 100 feet to the true place of beginning. Shirley Nolo£ 2P CLRRK COUNTY RECORDER Clark COunty Z 2005~4842 Page 1 o; 2 C1 Date 07/~2/2005 Time WARRANTY DEED THIS INDENTURE WlTNESSETH That Claire Merkel and Anne Fox ("Grantors") for the sum of $1.00 and other good and valuable consideration, receipt of which is hereby aclmowledged, CONVEY AND WARRANT To The Departmem: of Redevelopment, Ieffersonville, Indiana ("Grantee") the following described real estal e situated in Clark County, State of Indiana, to-wit: Beginning at Southeast coruer of Block #118 at the intersection of the North Line of 10tl~ Stre, lt and West Line of Walnut Street, thence Northwardly at fight angles along the East Line of said block and the West Line of Walnut Street, 106 feet to the true point of beginning; thence at right angles Westwardly and parallel with the South Line of said k rock 69.5 feet to a point of intersection with the Easterly fight-of-way to a point at (he intersection of the West Line of Walnut Street; thence Southwardly along the West Line of Walnut Street 179 feet to the point ofbe~nning. The abo,'e described real estate is conveyed subject to applicable planning and zoning ordinances's, rules, regulations and statutes, all other government laws and regulations affecting the property, all legal h/ghways, legal drains, right of way, covenants, easemen':s and/or restrictions whether visible or of public record affecting said real estate. Also subiect to the lien of real estate taxes and any other assessments becoming due and payable a!~er the date of this Deed, which Grantee assumes and agrees to pay. IN WITNESS WHEREOF, the Grantors have caused this Deed to be executed this dayof ',! ,2005. Claire Merkel Anne Fox COUNTY OF,,.~ Before me, the undersigned, a Notary Public in and for said County and State, this ~ ~ day c't' (~g~_. , 2005, personally appeared Claire Merkel and acknowledged (he e~ecution of the above and foregoing Deed. Witness my hand and notarial seal. My commission expires: Printed Name STATEOF ici . COUNTY OF i~J~ &¢~'--4Cl~d Before me. the undersigned, a Notary Public in and for said County and State, this ~)-'{~ay of_. ] (__! IN'~-- , 2005. personally appeared Anne Fox and acknowledged the execution o1' the above and foregoing Deed. Witness :'ny hand and notarial seal. expires: Notary Public, Pcsident of. . , Printed Name THIS INSTR JMENT PREPARED WITHOUT BENEFIT OF TITLE SEARCH BY: DAVID NACHAND ATTORNEY AT LAW 426 E. COURT AVENUE NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP Notice is hereby given that on September 12, 2005 at 7:30 o'clock p.m. in the Multi-Purpose Hearing Room in the Mayor's Conference Room located on the Fourth 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 R3: Old City Residential to C 1: Small to Medium Scale General Commercial. DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE PROPERTY ADDRESS: Described as the Northwest corner of Tenth and Walnut Streets (321-323 & 325 E. Tenth Street and the parcel directly behind the Tenth Street properties). 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 August 30, 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 8th day of September 2005. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal