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Home My WebLink About2006-OR-09 STATE OF iNDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2006-OR- 9 AN ORDINANCE CHANGING TIlE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY DESCRIBED AS BEING PART OF SURVEY NO. 36 OF THE ILLINOIS GRANT BEING LOCATED AT 3718 uTICA SELLERSBURG ROAD. Whereas, Utica Township Fire District, 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 C1: Small to Medium General Commercial; and Whereas, on January 31, 2006 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 February 6, 2006 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 hereby changed from C 1: Small to Medium General Commercial and R1: Low Density Residential to IS: Institutional; 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 Febrnary 2006. By: k..,,,/ Robert L. W~z, Jr. Presiding O/fficer ATTEST: Peggy W~I'~-e~' - --- Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this 'v~ day of February 2006. Peggy Clerk-Treasurer This Ordinance approved and signed by me this ary 2006. ~.obert L~TM Tax Key Number: 11-24-0610 Grantee's Tax Bill Mailing Address: 5.~820 Utica Pike J~ffersonville, IN 47130 S~lr Icy Nol o~. 2P CLIIIRK COUNTY RECORDER ! 2~95~,993 Pjge I o¢ 2 C1 Dal, e 93/14/2~95 TI~ 10:27:28 + WARRANTY DEED + THIS INDENTURE WITNESSETH, that MARTIN E. SUDDETH and NORMAL SUDDETH, husband and wife, of Clark County, State of Indiana, CONVEYS AND WARRANTS UNTO UTICA TOWNSHIP FIRE DISTRICT. of Clark County, Indiana, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, recetpt whereof is hereby acknowledged, the following described real estate in the County of Clark and State of Indiana, wit: /Being a part of Survey No. Thirty-six (36) of the Illinois Grant of Clark County, Indiana, and bounded thus: Commencing at a stone at the East comer of Survey No. 36 of said Illinois Grant; thence South 50 deg. West 64.16 poles to a stake in the road leading from Watson to Sellcrsburg where it intersects the road leading from Jeffersonville to Charlestown; thence North 40 deg. West, along said road leading from Watson to Sellcrsburg, 65.14 poles to a stone marked "P.S.W.H.", said stone is also thc West corner of Lot No. 9 as designated on the plat of the partition of the real estate of Peter Smith (see Deed Record No. 54, page 279, Kecorder's Office), and being the Tree Place of Begianing of the tract to be herein described; thence continuing North 40 deg. West, along said road, 59.00 feet to a stake; thence North 50 deg. East 375.5 feet to a stake; thence South 40 deg. East 59.00 feet to a stake in the Northwest line of said Lot No. 9 of the Peter Smith Partition; thence South 50 deg. West 375.5 feet to the Place of Beginning, containing .28 of an acre, more or less. Being the same real estate conveyed t0 th~'Gt'ant~°rs 15~'fl~ed dated October 20, 2001, and of record in Deed Document 200124640, in the Office of the Recorder of Clark County, Indiana.. The Grantee assumes and agrees to pay the Spring installment of the 2006 real estate taxes due May, 2007 and all subsequent taxes. DESCRIPTION OF TRACT 1 Being a part Of Survey #36 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at a "MAG" nail over an iron pipe on the east comer of said Survey #36; Thence S.49'53'40"W., along the line dividing Survey's #24 and 36, 683.94 feet to a steel pin on the common comer of Surveys #23 and 24; Thence S.49-2ffW., along the l/ne dividing Surveys #23 and #36, 368.85 feet to a railroad spike in the centerline of Utica-Setlersburg; Thence N.40-14"W., along said eenterline, 496.74 feet to a railroad spike; Thence N.41'03'13"W., along said centerline, 581.23 feet to a railroad spike, THE TRUE PLACE OF BEGINNINO. Thence continuing along said centerline, N.41'03'13"W., 59 feet to a railroad spike; Thence N.49-41'52"E., 374.24 feet to a steel pin; Thence S.40-57'02'E, 59 feet to a steel pin; Thence S.49.41'52"W., 374.13 feet to TIIE TRUE PLACE OF BEGINNING. Containing 0.507 acre and being subject to all legal highways and easements of record. DESCRIPTION OF TRACT 2 Being a part of Survey #36 of the Illinois grant to Clark County, Indiana and being ftmher described as follows: Beginning at a "MAG" nail over an iron pipe on the east comer of said Survey #36; Thence S.49.53'40"W., along the line dividing Survey's #24 and 36, 683.94 feet to a steel pin on the common comer of Surveys #23 and 24; Thence S.49-20'W., along the line dividing Surveys #23 and #36, 368.85 feet to a railroad spike in the centerline spike in the centerline of Utica.- Sellersburg Road; thence N.40' 14"'W., along said canterline, 496.74 feet to a railroad spike; Thence N.41.03,13,,W., along said centedine, 581.23 feet to a railr°ad spike; Thence N.49'41'52"E., 119 feet to a steel pin, THE TRUE PLACE OF BEGINNING. Thence N.49.41'52"E., 255.13 feet to a steel pin; Thence S.40.57'02"E., 20 feet to a steel pin; Thence S.49-41'52"W., 25513 feet to a steel pin; Thence N.40-57'02"W, 20 feet to a THE TRUE PLACE OF BEGINNING. Containing 5,102 square feet and being subject to all and easements of record. UTICA SELLERSBURG ROAD lC) m O' -4" rtl STATE OF INDIANA BEFORE THE JEFFER$ONVILLE PLAN COMMISSION IN RE THE AFPLD"ATION OF UTICA TOWNSHI'~? ]~IR£ D1STRICT TO ~ZONE CERTA~ TRACTS OF PROPERTY BI];~G DESCRIBED AS PART OF $~K~rEY ~ 36 OF ~E ILLINOIS G~N~ BErG LOCATED AT 3718 UTICA SELLE~B~G ~ROM C1: SMALl., TO MEDIUM G~E~L COMMERCIAL A~gD R[: LOW DENSIT~ RESIDEN~AL TC, IS: INS~TIONAL. c~[gRTI~CATION OF ~AVO~BLE RECOMMENDA~O~ O~2ROPOSED,,Q~INANCE Whereas, Jtka Township Fire District filed a petition before th~ Jef£er,qonville PI~ Commissior m chang~ ~ zo~ng desi~atlou of~e p~opo~ descfibe~ in attached Exhibits, (th~ "Yrope~'3, from Ch Smfil to Medium G~e~ Commerc~ and RI: Low Density Residen~ al to I$: Insti~tio~l; ~d Wh~eas, :~er ~op~ notice by publication, ~e Jeffersonville PI~ Commission h,ld a public he~'ing on the petition on Jaau~ 31, 2006; Where., at ~e conclmiou of fl.~ hearing ~* Ieffer~onville Yl~ Ce~issio~ vomd by a majorii~ yom of its entire membership m favorably recommend Ce proposed change of zoning !e~i~atiuu of~e Prope~y to the Jeffersonville Commo~ CouncU. IT IS TH{gREFORE CER~IED ~m on J~ua~ 31, 2006, ~e Jeff~sonville Plan Commission favorably incommoded that the Jcff~onvilb Common Comcil or.nme* ~e proposed zoEng desi~ation cha~e of~e prop~ ~om CI: Small to ~edim ~n~a1,3ommerci~l md R1: Low De.iD' Re{idential to IS: I~fitutloml of Utica Tomhip F~ Dis~bt. requ~,ted in ~e p:titien Tax Key Number: 11-24-0610 Grantee's Tax Bill Mailing Address: 5820 Utica Pike Jeffersonv~lle, [N 47130 Shirley Nol o~L 2P CL.I~RK COUNTY RECORI~R Clark Courst,¥ I ~5~ Page ~ of 2 C1 Da~e ~/14/2~ TL~ 19:27:28 + WARRANTY DEED + THIS INDENTURE WITNESSETH, that MARTIN E. SUDDETH and NORMAL. SUDDETH, husband and wife, of Clark County, State of Indiana, CONVEYS PaND WARRANTS UNTO UT[CA TOWNSHIP FIRE DISTRICT, of Clark County, Indiana, for and in consideration o~'the sum o~' One Dollar ($1.00) and other good and valuable consideration, receipt whereof is hereby ,.cknowledged, the following described real estate in the County of Clark and State of Indiana, I:o- wit: Being a part of Survey No. Thirty-six (36) of the Illinois Grant of Clark County, Indiana, and bounded thus: Commencing at a stone at the East comer of Survey No. 36 of said Illinois Grant; thence South 50 deg. West 64.16 poles to a stake in the road leading from Watson to Sellersburg where it intersects the road leading from Jeffersonville to Charlestown; thence North 40 deg. West, along said road leading from Watson to Sellersburg, 65.14 poles to a stone marked "P.S.W.H.', said stone is also the West corner of Lot No. 9 as designated on the plat of the partition of the real estate of Peter Smith (see Deed Record No. 54, page 279, Recorder's Office), and being the True Place of Beginning of the tract to be herein described; thence continuing North 40 deg. West, along said road, 59.00 feet to a stake; thence North 50 deg. East 375.5 feet to a stake; thence South 40 deg. East 59.00 feet to a stake in the Northwest line of said Lot No. 9 of the Peter Snfith Partition; thence South 50 deg. West 375.5 feet to the Place of Beginning, containing .28 of an acre, more or less. Being the same real estate conveyed t° the Grantors by deed dated October 20, 2001, and of record in Deed Document 200124640, in the Office of the Recorder of Clark County, Indiana The Grantee assumes and agrees to pay the Spring installment of the 2006 real estate tt~,~es due May, 2007 and all subsequent taxes. DESCRIPTION OF TRACT 1 Being a part 0f Survey #36 of the lllinois Grant to Clark County, Indiana and being further described as follows: Beginning at a "MAG" nail over an iron pipe on the east comer of said Survey #36; Thence S.49.53'40"W., along the line dividing Survey's #24 and 36, 683.94 feet to a steel pin on the common comer of Surveys #23 and 24; Thence S.49.20'W., along the line dividing Suxveys #23 and #36, 368.85 feet to a railroad spike in the centerline of Ufica-Sellersburg; Thence N.40-14"'W., along said centertine, 496.74 feet to a railroad spike; Thence N.41.03'13"W., along said centerline, 581.23 feet to a railroad spike, THE TRUE PLACE OF BEGINNING. Thence continuing along said centertine, N.41'03'13"W., 59 feet to a railroad spike;, Thence N.49-41'52"E., 374.24 feet to a steel pin; Thence S.40.57'02"E, 59 feet to a steel pin; Thence S.49.41'52"W., 374.13 feet to THE TRUE PLACE OF BEGINNING. Containing 0.507 acre and being subject to all legal highways and easements of record. DESCRIPTION OF TRACT 2 Being a part of Survey #36 of the Illinois grant to Clark County, Indiana and being further described as follows: Beginning at a "MAG" nail over an iron pipe on the east comer of said Survey #36; Thence S.49-53'40"W., along the line dividing Survey's #24 and 36, 683.94 feet to a steel pin on the common comer of Surveys #23 and 24; Thence S.49.20'W., along the line dividing Surveys #23 and #36, 368.85 feet to a railroad spike in the eenterline spike in the centerline of Utica- Sellersburg Road; thence N.40'14"'W., along said centerline, 496.74 feet to a railroad spike; Thence N.41-03'13"W., along said centerline, 581.23 feet to a railroad spike; Thence N.49.41'52"E., 119 feet to a steel pin, THE TRUE PLACE OF BEGINNING. Thence N.49-41'52"E., 255.13 feet to a steel pin; Thence S.40-5T02"E., 20 feet to a steel pin; Thence S.49-41'52"W., 25513 feet to a steel pin; Thence N.40-57'02"W, 20 feet to a TIIE TRUE PLACE OF BEGINNING. Containing 5,102 square feet and being subject to all and easements of reeord. m 0 m UTICA SELLERSBURG ROAD ~o 1 o o NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP Notice is hereby given that on February 6, 2006 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 C 1: Small to Medium General Commercial and R1: Low Density Residential to IS: Institutional. DESCRIPTION OF PROPERTY LOCATED IN THE cITY OF JEFFERSONVILLE PROPERTY ADDRESS: Part of Survey No. 36 of the Illinois Grant being located at 3718 Utica Sellersburg Road 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 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 Je£fersonville Common Council may take official action at the conclusion of debate at this meeting. Such notice given and posted this 31st day of January 2006. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City A~orney Sharon King Paralegal