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HomeMy WebLinkAbout2005-OR-76 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2005-OR-_ AN ORDINANCE CItANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROpERTy D,ESCRiBED AS A 1.~8-ACRE TRACT LOCATED AT 3417 ItOLMANS LANE. Whereas, Bob Missi, 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 R1: Low Density Residential to M1: Limited Mulfifamily Residential; and Whereas, on November 29, 2005 the leffersunville Plan Commission has certified to the Council a favorable recon~m~ endation 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. 36-74-608(0(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 December 5, 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 hear,d regarding this matter as required by law. NOW, TI-IEREFORE, 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 hereby changed from R1: Low Dens~ty Restdentml to M Limited Maltifamily Residential; and IT IS FURTItER ORDAINED flxat the zoning map of the City of Jeffersonville shall be amended to include such change. This ordinance shall be in full fo~ee and effect upon its adoption. SO ORDAINED this day of December 2005. COMMON COUNCIL 0F THE CITY OF JEFFERSONVILLE, INDIANA By: Robert L. Waiz, Jr. Presiding Office[ ATTEST: Peggy Wilder Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this .. day of December 2005. Peggy Wilder Clerk-TreasUrer This Ordinance approved and signed by me this ~ day of December 2005. Robert L. Waiz, Jr., Mayor /~435-12172 WARRANTY DEED TI-lIS INDBIqTURE WITNESSETH that. A.RLIE RILEY. also known ~s Arlie Milclmd Riley, an unremartiect widow by virtue of the death of her husb~d, lames Riley, on October 12, 1984. for ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CONVEYS AND WARRANTS unto SMITH & MISSI PROPERTIES, INC;. a co~porafion, whose mailing addres~ is 1803 W. Market Street, Louisville, K~ntucky 40203, the following-da~rlb~ real est.~e situated in thc County of Clark, State of Indiana. to-wit: "Being in No. 21 of the Illinois Grant and desc-dbed es follows, to-wit: Beginning ar a stake in the grant line dividing Nos, 21 and 22 of said grant, said stake is South 40 d~grees East ?0 43/100 poles from the Northeast power of No. 21 of said grmt; thenc~ South 40 degrees East, with thc line dividing Nos. 21 and 22 of[said grant 50 27/100 poles to a · stone: thenc~ South 50 dagrecs West IS 10/100 poles to a stahc; thence North 40 degrees West and parallel with the aforesaid gram llne 50 27/100 poles to a stake; thence North 50 dsgrem East 18 10/I00 pole~ to the place of beginning. Containing 5.68 acres, more or less; Excepting therefrom one-tenth (1/10) of an acre, more or le~s, heretofore conveyed by Gerrmda Dunz and Jacob Dunz to Elijah Keeton and Victoria Keeton, his ~,gfe, by deed dali April 2, 1917, and mgordod in Deed Record No. 108, at Page 5, of the deect records of Clark County, Indiana; AIsc excepting therefrom 3 acres, mote or less, heretofore conveyed by Ge~mde Dana and 3'acob Dunz to Edward Roedarer, his wife, by deed dated Janums' 16th, 1917, and recorded in I)eed Record No. 107, Page 92, of the deed records, of Clark County. Indiana; And also excepting therefrom one (1) acre, more or less. heretofore his wife by deed dated October 29 No. 112. at Page 469, of the deed records of Clark County, Indiana. Tax Ad.dress: 3417 Hdimans Lane Jeffersonville, [N 47130 Key No.: 21-61-34-1 The Grantee, by acceptance of this Warranty Deed of conveyance assumes anal agrees to pay the Installment of the 2004 taxes due and'payable in 2005 end all real estate · taxes thereafter. This conveyance is' subject to any and =Ii easerr~nts, rights-of-way, restrictions ~d ~mengs of ~o~ in Cl~k County, w~ch ~e~ title to ~e ~=~bed real ~ ~SS ~F, ~ ~t~ ~s c~s~ ~is D~d to ~ ~ecuted this 13~ day of ~uly, 2~5. Aflie ~l~d Riley ~ Billy Dwa~ Riley, hs~t NO. ~L in ~ ~or~ of the C~k ~uty STATE OF KENTUCKY ) ) SCL COUNTY OF 3E~ISON ) OPE IV[E, a Notary Public in and for said County and State, l~Sonally · BIfF ........ ~,,wer of Attorney for Arlie Mildred Riley, also above and for~soing Wan'anty Deed. WT'~NF~$ my hand and notarial seal ibis !~ " ' ~blic, State~-aI-Large, I~ntucl~ My ~mmission ~pircs 5/30/2009. TI-ns INsTRUIdENT WAS pREPARED BY: JACKSON L JONES, ATTORNEY HEYBURN & JONES, PLLC 401 W. Main Street., ~ite $06 HOLMAN'S LANE PATIO HOMES OWNER/DEVELOPER: BOB MI~SI 1.68 ACRES 10 UNITS REZONING FROM R-~] TO M-I' NOU ~0 20_05 ll:~9 FR 00 B12~@29171 TO 3856468 sTAT~ OF IN TOTAL pRGE. ~ ~ -~05-12172 page ~- o~ 2 WARRANTY DEE~ TFES INDBi~URE w1TNESSETFI ~at Mild~d Riley, an un~m~d widow by vt~ne of the ~h of ~er hus~n~ games Riley, on ~to~r 12, 19M, for O~ DO~ ($1.~) ~d ~her go~ ~d vMuable consld~retlon, ~ r~ipt of wMeh i$ he.by ~kn0wl~dg~d, CONEYS ~ WA~S ~to S~ & ~SSI PROP~, ~C.. a ait~d i~ the County of C[~, '" Being in No. 21 of the Illinois Grant and described as follows, to-wit: Beginning at a stake in the grant Iine dividing Nos. ~l and 22 of said grant, said stake is South 40 degr~s East 70 43/100 poles from the Northeast comer of No 2[ of said g~ant; thence South 40 degrees .~st~ with the line d~viding ~o$. 2I a~d22 of said grant 50'27/100 pol~ to a stone; thence South 50 degrees Wes~ If; 10/100 pole~ to a stake; thence Nor. h 40 degrees West and paraileI with th~ aforesaid grant line 50 2.7/100 poles to a stake; thence Noah 50 de~ees East 18 10/100 poles to the plt~te of beginning. Con~olng 5.68 acres, more or less; EXcepting thezefrom one-tenth (l/10j of an ante, more or less, heretofore conveyed by Gertrud~ Dunz and Jacob Dune to Elijah Keerne and Victoria Konton, his wife, by deed dated APril 2, 1917, and re~orded in Deed Record No. 108. at Page 5. of the deed records of Clark County. Indiana; Also excepting therefrom 3 acres, more or less, heretofore conveyed by Gert~ud~ Dunz and Jacob Dunz to Edward L. Roederar and .lulls H. P. oederer, his wife, by deed dated 4'anuary 16~, 19l'1. and recorded in Deed Record No. 107, page 92, of the deed records of Clark County, Indiana; And also excepting therefrom om (1) acre, more or less, heretofore hie wife by deed dated October 29 , 192o, aha rexo~um ,,, . ~ eage 4 0, of theof cl k County, d ane. Tax Adglreas: 3417 l-tetras,as Lane J:ffersonvlile. IN 47130 Key No.: 21-61-?A-I The Grantee, by acceptance of this Warranty Deed of conveyance assumes and agrees to Ixav the Installment of thc 2004 ta,3es due and payable in 2005 and all real estate This conveyance is' subject to any aad all cascrncrits, rights-of-way, restricdo~ a~c~nm of record in Cl~k C~nt7, which aff~ 6dc m ~e ~ ~S ~F, ~e ~t~ h~ ~se~ this D~ to ~y of luly, Nlie Mil~d Riley ~ Billy Dwa~ Riley, PUw~ of A~om~,~ch is ~co~ STATE OF KENTUCKY ) COUNTY OF IF. Fi~RSON ) a No~7 Public in and for said County and Sma;, ~o~17 a~v6 ~d f~going W~t7 ~' ~S m~ hand ~d no~al s~ !his 1~ " TI-ES INSTRUM~ WAS pREPAR]SD By: lACK. SON I. IONES, ATI'ORNEY IiEYBURN & IoNES, PI. LC 401 W. Main Str~% ~h© 806 Louis ' K -2937 HOLMAN'S LANE PATIO HOMES oWNER/DEVELOPER: BOB MISSI 1.68 ACRES 10 UNITS FROM R-';' TO M-I NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP Notice is hereby given that on December 5, 2005 at 7:30 o'clock p.m. in the Multi-Purpose Heating 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 RI: Low Density Residential to MI: Limited Multifamily Residential. .DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFYERSONVILLE- pROpERTY ADDRESS: Being described as 1.68-ac?e tract located at 3417 Hoimans Lane Th~ Jeffersonville Plan Commission made a favorable recommendation concerning the adoption of an ordinance enacting this prbposed change of zoning map' desigaation after notice and hearing on November 29, 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 30th day of November 2005. · PeggY Wi[der Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal 11/23105 To whom it may concern: The signatures below are strictly again.st #PC-05-74, requesting re-zoning of thc pwperty at 3417 Hoiman Lane, Jeffersonville, from RI to MI. Missi's There are already fon'y seven households in the on~ tenth mile strcteh from Mrl~amons. eXisting four apartments on Hoiman Lane, to the intersection of Holman and Lane. This number does not include the ten proposed patio homes on the property mentioned above. Pretty congested, I would say! Mr. Missi should have been well aware that the property he purchased was zoned as RI. We all purchased property on Holman Lane because of the acreage available, and to have our own per~onal space. Now, alter all these years, a few people want to jam people together for the sake of greed, and thc almighty dollar. We are bombarded with "For Lease" and "For Sale" signs and banners flying year round. We on HulmanLane, and the residents OfHammans Lane, would llke to be able to enter and exit onto Holman Lane in a reasonable amount of time. We currently sometimes must walt s~veral minutes to pull onto Holman Lane. More residents in this congested strach would only make matters wurst. What is going to happen if Mr. Missi is granted permission to re-zone and further congest this area7 Right now there are four condos across the street from this proposed development that aw for sate. Two of tbem have been on the market for over six months, · and the other two for around three months. Finally, thc children in these developments have no place to play, excvpt in thc street,.and othe~ people's yards. We certainly hope that a child does not have to get hurt to convince the board that this area is already over congested. Thank you for your attention in ~ matter. ivlA MEEK R40' SUNNYSlOE TOWNHOMES (ZONED M-l) SM[TH & MISSI PROPERTIES, INC // Name Address J Years /0 Name Address Years