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HomeMy WebLinkAbout2005-OR-67 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2005-OR- 67 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY DESCRIBED BEING PART OF SURVEY NO. 11 OF THE ILLINOIS GRANT CONTAINING 15.95 ACRES LOCATED EAST OF THE INTERSECTION OF WOODLAND ROAD AND LOGAN LANE Whereas, Nick Jones/Jones-Fust, Inc., has filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property described in the attached Exhibits from R2: Medium Density Residential to PD- R2: Planned Development-Medium Density Residential and; Whereas, on October 25, 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 November 7, 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 is hereby changed from R2: Medium Density Residential to PD-R2: Planned Development-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 ~q4q day of November 2005. COMMON~~ THE CIW'OF JEFF~a~S/~)NVILLE, By: ~ / Robert L. W/aiz, Jr. Presiding Officer ATTEST: Pe~g~ Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this _~x day of November 2005. eggy3~h0der Clerk-Treasurer This Ordinance approved and signed by m ember 2005 Robert L. Waiz~., Mayor / STATE OF INDIANA BEFOKE THE JEFFERSONVILLE PLAN COMMISSION IN RE TME API?LICATION OF NICK JONES/~ 0NES-FUST, INC. TO REZONE ,~. CERTA~ TRACT OF PROPERTY BB~O P~T OF ~URVEY NO. t I OF ~ ~L~OIS O~ A~ DESC~ED AS A 15,95-AC~ ~CT LOCATED EAST OF ~E ~TERSBC~ON OF WOODLA~ )~0~ A~ LOGAN LA~ ~B ~ZO~D FROM ~: MED~M DENSITY RES~B~AL TO PD-R2: PL~ED DE~LOP~ MBDi~ DB~'SITY RES~B~L. CER,T~ rlCATION OF FAVOI~BLE RECOMMEN_DATION MADE, ;;.~ONCEP. NING PROP~QSED ORDINANCE CItA_ ~GE Whores.,., Nick .rones/Jones-Fust, Inc., filed a petition before tile .leffersonville Plan Commission to change the zoning designation of the property described in attached Exhibits, (the "l~roperty"), from R2: Medium Density Residential to PD-R2: Plaraed Development-Nlediurn Density Residential and; Wherea~, after proper notice by publication, the Jeffersouville Plza Commission held a public he~ng on the petition on October 25, 2005 and; Wherea~, at the conclusion of the hearing the Jeffersonville Plan Commission voted, by a majodty vo:e of its membership to make a favorable recommendation concerning the ttroposed change of zoning designation of the Prope~y to the Jeffersonville C:~mmon Cotm¢il, IT I$ THEREFORE CERTIFIED th~ on October 25, 2005, the ,l'effe~sonville Plan Corrnnissi¢.n made a favorable recommendation concerning the .reffersonvillc Common Count [1 enactment by ordinance of the proposed zoning designation change of the property from R2: Medium Density Residential to PD-K2: Planned Development- Medium Densi~~ Residential as requested in the petition of Nick Jon~,~Fust, Inc. H~IL Koven NOTICE OF INTENT T° CONSIDER PROPOSED CHANGE OF ZONING MAP Notice is hereby given that on November 7, 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, ~vhich, 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 JEFFERSONVILLE PROPERTY ADDRESS: Being part of Survey No. 11 of the Illinois Grant, Jeffersonville Township, Clark County, Indiana, containing t5.95 acres located East of the intersection of Woodland Road and Logan Lane. 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 October 25, 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 31 st day of October 2005. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal Key No, DULY ENTERED FOR TAXAT~O~ OCT 3 0 2061 ~~Z ~t24Z~ t p~ Z af 3 AUDITOR C~RKCOU~.~ hie te~/~ Tiaa EED THIS INDENTURE WITNESSETH: That NICHOLAS C. JONES and LARRY R. WALLACE, of Clark County, State of Indiana CONVEY(S) AND WARRANT(S) UNTO J. F DEVELOPMENT, LLC, whose tax mailing address is /~,o~r ~'/~/.~,./'.,~,//~"/~.Z~'E,~///~,~ ...~./ 4Z~/':~' ,forandinconsideretionofthesum of ONE DOLLAR ($1.00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the following described real estate situate in the County of Clark and in the State of Indiana, to-wit: See Exhibit 'A" attached hereto and made a part hereof. Subject to any and all easements and/or restrictions of record relative to above described real estate. Grantee(s) by acceptance of this deed assume and agree to pay the real estate taxes due and payable in ~,~d/ , and all subsequent taxes. The undersigned hereby represents that this real estate is not "property" as defined in Indiana Code 13-11-2-174. and is not. and has not been used as a landfill or dump, and contains no underground storage tanks or toxic or hazardous waste or materials, and that no disclosure statement under indiana Code 13-25-3-2, et. seq. (Indiana Responsible Transfer Law) is required for this transaction. IN WFI'NESS WHEREOF, the said NICHOLAS C. JONES and LARRY R. WALLACE have t~ereunto set their hands and seals this ~ ~. day of ~<~/' ,2001, NI(~HOI.~S C. JONES ~ L~.R,~R. WALLACE STATE OF INDIANA SS: COUNTY OF CLARK Before me, the undersigned, a Notary Public, within and for said County and State, this Z ~, day of ~.'~. ,2001 pemonally appeared Nicholas C~ Jones and Larry R. Wallace, grantor(s} in.the above and foregoing deed of conveyance and acknowledged the execution of the same to be their voluntary act(s) and deed(s) for the uses and purposes therein mentioned. WITNESS my hand and Notarial Seal. My Commission Expires: cu,~ n~iding in THIS INSTrUmENT p~PAR~D BY A. JOSEPH HEINZ, 328 E. ~ou~ Ave., Jeffe~onville, IN 47130 Exhibit A Oort of Sur"cey NO. 11 of [.he llllno~s Grant, deffersonvilie Township. Clark · 'Count~, Indiana and a part'of ~e land descried in (Osborne ~11 from Surve~ ~[2 to an Iron Pin Set; Thence N 54'02'05" [. a dis~ance of 5g.~ fee[ a~on~ (Hail 28-1358~) ~ence S 35'25'3g' [. a distance o~ 3~5.00 fee[ along (Hall ~ Kinley 26-i73~6) to an Containing 6.9343 acres. Subject to the County Road right-of-way and any oas~ment$ of record. Key No. 04-08-041-1 Shtr[~/ Nelet, .29 ~LP~K COUNTY R~C~r~ Cia~k ~y R~ DUY E D OR~iON AU~ 2 7 2001 AUDiToR C~R~ COU~ WARRANTY DEED THIS INDENTURE WITNESSETH: That GARY R. SPETH, SR. of Clark County, State of Indiana CONVEY(S) AND WARRANT(S) UNTO J, F, DEVELOPMENT, LLC whose tax mailing address is ,~*'~.~'~d*dX/~,~/.~ / -'~'v"U/-~/~/.?~/, for and in consideration of the sa m °f ON E DOLLAR ($1'00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the following described real estate situate in the County of Clark and in the State of Indiana, to-wit: Part of Survey No. Eleven (11) of the Illinois Grant, and bounded as folIows,~ to-wit: Beginning at the Southeast comer of Sh~re Number Four and the] Northeast corner of Share Number Five as shown on the plat book of thel Partition of William Bowman, et al. v. Sarah Bowman, et al and recorded in s Record "D" Page 532 in the office of the Clerk of the Clark Circuit Court; thence North 35 deg. 30' West, and alohg the East line of said Share ,lumber Four, 953.75 feet, more or less, to a stake, which stake is in the South line of a 46 foot road; thence South 54 deg. 18' West, 412 feet to a stake; thence at dght angles South 35 deg. 30' East, 953.75 feet, more or less, to a stake in the South line of said Lot Number Four;, thence North 54 deg. 17' East 412 feet along the SOUth fine'of ~aid Lot Number Four to the place of beginning, containing 9.03 acres, more or less. Excepting therefrom, Lot No. 1, a part of Survey No. 11 of the illinois Grant, Jeffereonvilie Township, Clark County, Indiana, and a part of land described as follows: Beginning at a nail set at the intersection of the Northeast line Survey 11 and the center of Woodland Road; thence South 35 deg. 00' 15" East 25 feet along the Survey line to an iron pin the true place of beginning; thence South 35 deg. 00' 15" East 120 feet along the Survey line to an iron thence South 56 deg. 07' 25" West, 111.01 feet to an iron pin set; thence North 35 deg. 120 feet to an iron pin; thence North 56 deg. 07' 25" East 111.00 feet along Woodland Road to the true place of beginning, containing 0.3057 acres. Subject to any and all easements and/or restrictions of public record that may apply to the above described real estate. ~ by acceptance of this deed assume and agree to pay the real estate taxes due and payable in ~OE,2. , and all ,fao/ subsequent-taxes, The undersigned hereby represents that this real estate is not "property" as defined in Indiana Code 13-11-2-174. and is not, and has not been used as a landfill or dump, and contains no underground storage tanks or toxic or hazardous waste or materials, and that no disclosure statement under Indiana Code 13-25-3-2, et. seq. (indiana Responsible Transfer Law) is required for this transaction. IN w['rNESS WHEREOF, the said GARY R. SPETH, SR. has hereunto set his hand STATE OF INDIANA SS: COUNTY OF CLARK BeJ'ore me, the url~iersigned, a Notary Public, within and [or said County and State, ths ~ dayof ~[l..~n~' 2001personall~appoaredGa~R. Speth. Sr., grantor(s) in theabove~nd forego ng deed of conve~an~ and ac~ edged the execution of the same to ~ his volun~ act(s) and deed(s) for ~e uses and purposes ~erein mentioned. WITNESS my hand and Notadal Seal. ' ~ Nota~ Public ~,~,-~ ~...:.~ NSTRUMENT PREPARED BY A. JOSEPH HEINZ, A~OR~ - ~ ;~ THIS · ~. ~[ ~ .~ 326 E. Cou~ Ave., Jeffersonwita, IN 47130 ...~ ~;.~; ~ ~ ~ .,:... · Key No, 04-08-40-1 DULY ENTERED OCT 3 0 2001 ~124t~ AUDITOR C~RK ~OU~ WARRANTY DEED THIS INDENTURE WITNESSETH: That NICHOLAS C. JONES and LARRY R. WALLACE, of Clark County, State of Indiana CONVEY(S) AND WARRANT(S) UNTO J. F. DEVELOPMENT, LLC, whose tax mailing address is /~o~. ~'/~'~/'.~,/,~/..~.,~-~ZC,~/_/~*/~,~...~./ 4~'/$~' ,forandinconsiderationofthesum of ONE DOLOR ($I.00) and other good and valuable considerations, ~e receipt whereof is hereby acknowledged, the fol;0wing described rea[ ~s~te situate in the Coun~ of Clark and in ~e State of Indiana, to-wit: See Exhibit "A" a~ched hereto and made a pa~ hereof. Subject to any and ail easemen~ and/or restri~ons of record relative ~o above described real estate. Grantee(s) by a~ep~nce of this deed assume and agree to pay the real estate ~xes due and payable in ~/ , and all subsequent taxes. ~e undersigned hereby represents that this real estate is not "prope~" as defined in indiana Code 13-11-2-174, and is not, and has not been used as a landfill or dump, and contains no unde~round storage tanks or toxic or hazardous waste or materials, and ~at no disclosure statement under indiana Code 13-25-3-2, et. seq. (Indiana Responsible Tran~er Law) is required for this ~nsa~on. IN WITNESS WHEREOF, the said NICHOLS C. JONES and ~RRY R. WAL~CE have hereunto set their hands and sea{s this Z~ day of ~ ,2001. : ~. WAL~CE STATE OF INDIANA SS: COUNTY OF CLARK Before me, the undersigned, a Notary Public, within and for said County and State, this Z ~, day of ~)Ct' ,2001 personally appeared Nicholas C. Jones and Lan'y R. Waltace,gmntor(s) in.the above and foregoing deed of conveyance and acknowledged the executioh of the same to be their voluntary act(s) and deed(s) for the uses and purposes therein mentioned. ~. ~: WITNESS my hand and Notarial Seal. My Commission Expires: ' (~u~ couNw Res~ng THIS INSTRUMENT PREPARED BY A. 326 E. Cou~ Ave,, Jeffemonviile, IN 47130 Exhibit #A" A part of Survey No. 11 of the Illinois Grant, deffersonviile Township, Clark 'County, Indiana and a part'~f the land descried in (Osborne 19-11572). described as follows: Beglnning at a Stone Fo,~nd at the East Corner of Survey NO. 11, Jeffersonv}lle Town.sh~p, C~ark County. Indiana, Thence N 35'30'00" W, a distance of 131t.51 feet along the line di~ding Survey ~11 from Surve~ ~[2 to on Iron Pin Set; Thence S 5~'0~05 W, a dlsLance of 412.00 feet ~lon9 (8urd 18-5216) to on Iron Pin Set, ~E ~UE PLACE 0F BEGINNING, Thence N 35'30'00" W, a distance o~ 953.75 feet olonQ (Speth 26-755) to an iron Pin Set; . Thence S 54'02'05." W, a distance of 336.74 feet [o on Iron Pin Set: Thence S 35'25'39" E, ~ disLance of 112.~0 feet along (Wolfe 26-18914) to an Iron Pin Set; Thence N 54'02'05" on Iron ~in Thence S 35'25'39" E, a distance of 189.~8 fee[ along (Troxel · Froze 27-~044 to on Iran Pin Thence S 54'02'05" W. a dis[once o~ 39.00 feet along (Froze) to on Iron ~ence S 35'2~'39" [, a' distonce of ~15.00 feet oleg (Hall ~ Kinley 26-t7~4~) ~o an Thence N 54'02'05" E, o distance of 298.95 feet ~1o~ (Surd), [o ~E TRUE PLACE OF BEGINNING. Conb3inin9 6,9543 ecres. Subject to the County Rood rght-of-way and any eesements of record. Key No~ 04-08-041-1 ShirLey Nolot · 2P ¢[a~k Ce~mf.¥ Reco~d~ X ~1~ Pa~ I of 2 . C1 ~te 98~/~1 TIM 11:~:31 FO~ ~ANSFER 2 7 AUDITOR C~RK COUfJ~ WARRANTY DEED THIS INDENTURE WITNESSETH: That GARY R. SPETH, SR. of Clark CounbJ, State of tndiana CONVEY(S) AND WARRANT(S) UNTO J. F. DEVELOPMENT, LLC whose tax mailing address is v~/~/~4/~)~ / '~-/t/~?/-~., for and in c°nsiderafi°n °f the sum °f ONE DOLLAR ($1'00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the following described real estate situate in the County of Clark and in the State of Indiana, to-wit: [11) of the Illinois Grant, and bounded as folio~vhS~ to-wit: Beginning at the Southeast comer of Share Number Four and t eI qortheast corner of Share Number Five as shown on the plat book of Partition of William Bowman, et al. v. Sarah Bowman, et al and recorded in :)robate Record "D" Page 532 in the office of the Cterk of the Clark Circuit Court; thence North 35 deg. 30' West, and along the East line of said Sham Number Four, 953.75 feet, mom or tess, to a stake, which stake is in the South line of a 46 foot road; thence South 54 deg. 18' West, 412 feet to a stake; thence at right angles South 35 deg. 30' East, 953.75 feet, more or less, to a stake in the South line of said Lot Number Four; thence North 54 deg. 17' East 412 feet along the South line of said Lot Number Four to the containing 9.03 acres, more or less. Excepting therefrom Lot No. 1, a part of Survey No. 11 of the illinois Grant, Jeffer%nville Township, Clark County, Indiana, and a part of land described as follows: Beginning at a nail set at the intersection of the Northeast line of Survey 11 and the center of Woodland Road; thence South 35 dog. 00' 15" East 25 feet along the Survey line to an iron pin the true place of beginning; ~ South 35 deg. 00' 15" East 120 feet along the Survey tine to an iron South 56 deg. 07' 25" West, 111.01 feet to an iron pin set; North 35 deg. 120 feet to an iron pin; thence North 56 deg. 07' 25" East 111.00 feet along Woodland Road to the true place of beginning, containing 0.3057 acres. Subject to any and ali easements and/or restrictions of public record that may apply to the above described rea~ estate. ..~ , by acceptance of this deed assume and agree to pay the real estate taxes due and payable in .~¢E-~ · , and all subsequeni-taxes. The undersigned hereby represents that this real estate is not "property" as defined in Indiana Code 1 3-11-2-174, and is not, and has not been used as a landfill or dump, and contains no underground storage tanks or toxic or hazardous waste or materials, and that no disclosure statement under Indiana Code 13-25-3-2, et. seq. (Indiana Responsible Transfer Law) is required for this transaction. IN WITNESS WHEREOF, the said GARY R. SPETH, SR. has hereunto set his hand andsealthis_~" dayof ~V', ,~~ STATE OF INDIANA SS: COUNTY OF CLARK Before me, the undersigned, a Notary Public, within and for said County and State, ~ dayof ~U..~z~ ,2001pereonatl~/appearedGaryR. Speth, this gran~t~r(si in the~bove'And foregoing deed of conveyance and acknowledged the execution of the same to be his voluntary act(s) and deed(s) for the uses and purposes therein mentioned. M Co J Y ' ~ · ~ [ Nota~ Public ,~.,:.~;~ .. ~ ..... ~ ~. Auc. R~ing In ~ ~ Cou~. THlR INSTRUMENT PREPPED BY A. JOSEPH HEINZ, A~OR~ .:~ ;~ .... ~ CouAAVe, Jeffemonv e, IN 47130 ,-,~:.~ ..~.:... ..