HomeMy WebLinkAbout2005-OR-62 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2005-OR-62
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 Exhibit "A" from R1: Low Density Residential to R2:
Medium Density Residential and;
Whereas, on September 27, 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
October 17, 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 R1: Low Density Residential to R2:
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 ~ -~ day of October 2005.
Presiding OffiCr
ATTEST:
P~ggy W~ ~4r)
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this ~,F5 ~tay of October 2005.
Peggy~WilOeqc-J
Clerk-Treasurer
This Ordinance approved and signed by me thi$~f~ober 2005.
Robert L/.~a/il, Jr./ay/or
Key No. 04-08-40-1
DULY ENTERED F0 R~T,~.XAT~0~
SUBJECTT0 FINALAbCEPTANCE
FOR TRANSFER
OCT 3 0 2001 ~,;-t,¥-~.o~
~ COUNTY
I ~241~
AUDITOR C~ARKCOUt*~ ~ le/~/~t
WAR~N~ DEED
THIS INDENTURE WITNESSETH: That NICHOLAS C. JONES and LARRY R.
WALLACE. of Clark County. State of Indiana
CONVEY(S) AND WARRANT(S) UNTO
J. F. DEVELOPMENT. LLC, whose tax mailing address is
la~' ~' /~/'~*u/'.'~,/~. ~',~,~'~/v//'/~/~ ,'.~''' 4Z'2'/$~P ,forandinconsiderationofthesum
of ONE DOLLAR {$1.00) and other good and valuable considerations, the receipt whereof
is hereby acknowledged, the following described rea[ estate situate in the County of Clark
and in the State of indiana, to-wit:
See Exhibit "A" attached hereto and made a part hereof.
Subject to any and all easements and/or restrictions of record relative to
above described real estate.
Grantee(s) by acceptance of this deed assume and agree to pay the
real estate taxes due and payable in ~Z~/' , and all
subsequent taxes.
The undersigned hereby represents that this mai estate is not "property" as defined
~n Indiana Code 13-11-2-174. and is not, and has not been used as a landfill or dump, and
contains no underground storage tanks or toxic or hazardous waste or materials, and that
no disclosure statement under Indiana Code 13-25-3-2. et. seq. (Indiana Responsible
Transfer Law) is raquirad for this transaction.
IN WITNESS WHEREOF, the said NICHOLAS C. JONES and LARRY R.WALLACE
have t~ereunto set their hands and seals this Z~ day of ~d~Z' 2001.
L~R~R, WALLAC
STATE OF INDIANA
SS:
COUNTY OF CLARK
Before me. the undemigned, a Notary Public, within and for said County and State.
this Z ~, day of ~]Z, ,2001 personally appeared Nicholas C.
Jones and Larry R. Wallace, grantor(s) in the above and foregoing deed of conveyance and
acknowledged the execution of the same to be their voluntary act(s) and deed(s) for the
uses and purposes therein mentioned.
WITNESS my hand and Notarial Seal.
My Commission Expires:
THIS INSTRUMENT PREPARED BY A. JOSEPH HEINZ,
326 E. Court Ave., Jeffersonville IN 47130
. ~xhibit "A"
A pc;rt of Survey No. 11 of ~.he I~l[noi$
· 'County, ~nd~no Qnd ~ p~rt'of the l~nd described
3g.00 fe~t along (Troxel 27-,5629) ko
189,48 feet along (Troxel & Froze 27-4-04-4)
59.00 tee[ along (FrQze) ~o an Iron
536.88 feet otong (Froze 288-588.
39.00 feet o=on~ (Holl 28-13584) to
Containing 6.9343 acres. Subject to the County qo~:d right-of-way ond
Key No. 04-08-041-1
Shtr[ey Hotof. 2P
CL.K~C CQUk'TY RECORDER
etak Counf. y Re~er'de~-
Cl Dlf. e ~8/2'//2~, TIM
AU8 2 7 2001
U~ITOR CMRK 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/~ ,~' /~/'~'u//~//-
.,~f/~,.~/'4~4/.~,~/*~ / --~/~//~, for and in consideretion of the sum of ONE DOLOR ($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:
'~art of Survey No. Eleven I11 ) of the Illinois Grant, anc bounded as fo[Iows,~I
to-wit: Beginning at the Southeast comer of Share Number Four and the |
Northeast corner of Share Number Five as shown on the plat book of the ~
Partition of W am Bowman, et al. v. Sarah Bowman, et at and recorded in ~
=robate Record "D" Page 532 in the office of the Clerk of the Clark Circuit '
Court; thence North 35 deg. 30' West and along 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 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
fiace of beginning, containing 9.03 acres, more or less.
Excepting therefrom, Lot No. 1, a part of Survey No. 11 of the Illinois Grant,
Ieffereonville Township, Clerk County, Indiana, and a part of land describec
~s follows: Beginning at a nail set at the intersection of the Northeast line Ol
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
3in set; thence South 56 deg. 07' 25" West, 111.01 feet to an iron pin set;
thence North 35 deg. 120 feet to an ~ren p~n; thence North 56 deg. 07 2
East 111.00 feet along Woodiand Road to the true place of beginning, ~
containing 0.3057 acres.
Subject to any and all easements and/or restri~bons of public record that may
apply to the above described real estate. ~
~antee(s) by acceptance of this deed assume and agree to pay the
rea estate taxes due and payable in ~.~ . , and all
subsequent taxes.
The undersigned hereby represents that this real estate is not "properb/' as defined
in Indiana Code 13-1 I-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 ~is hand
andsealthis ',~ dayof /~' ,~/~
STATE OF INDIANA
SS:
COUNTY OF CLARK
Before me, the ur)~ers gned, a Notary Public, within and for said County and State,
this cx.o~ day of ~¢~'LL~J~ ,2001 personally/appeared Gary R. Speth,
Sr ,-grantor(si in the~above~nd 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.
WITNESS my hand and Notadal Seal:
· :~'~,9~oo~ ft Notary Public
";" c~ ~. AUc. ~ing in ~ ~ Cou~
THIS INSTRUMENT PREPARED BY A. JOSEPH HEINZ, A~OR~' ~
E. Cou Je e o.vme,
STATE OF INDIANA
BEFORE 'EHE JEFFER$ONVILLE PLAN COMMISSION
IN RE TIIE APt'L[CATION OF
NICK JONES/JONES-FUST, INC.
TO REZONE A CERTAIN TRACT
OF PROPERTY BEING I~AKT OF
SURVEY NO. 1 ! OF THE ILLINOIS
GRANT FROM RI: LOW DENSITY
RESIDENTIAL TO P-.2: MEDIUM
DENSITY R~SI DENTIAL
CERTII'ICATION OF FAVOt~9~LE REC_q~/E~DA.TION
_t::O~CEIINING. PROPOSEB OI~DINANCE CHANGE
W~ereas, Nick Jones/$o~es-Fu.~ It~c., flied a petition before the Jeffersonville
Plan Commission to ch~ge ~ Zo~g desi~a~on of~ prope~ de~c.fib~d in e~ched
Exhibit "A' (~.:~ "P~e~'), from RI: Low Dcnsi~ Resid~fl ~ ~: Medium Densi~
Residential and;
Whereaz~ aier proper notice by publication, file Jeffersonvilk Plan Commission
held a public hc~ring onthe pet~tion" on September 27, 2005 and;
Whereas, at th~ conclusion of the heating ~he Jeffersonville Plan Commission
voted by a majo :it'y vote of its membership to make a favorable recomm~dafion
c0~cemi~ the t,roposed cha~ ofzo~g designation of the Prope~y to the
Jeffersonvi~e C,:~mm~ Council.
IT IS TI{EIIEFORE CERTIFIED that on September 27, 2005, thc
Jefferso~tvilte Pl,sn Commission made a favorable recommendation concerning the
Jeffersortville C,: mmo~ Council enactment by ordinance of the proposed zoning
designation eha~g¢ of the property from R l: Low Density Residential to KP: Medium
Density Residemial as requested in the petition of Nick Jones/Jones-Fust, Inc_
So certified th~s 27t~ day of Septemb
O6T 87 2885 15;14 ** TOTAL PAGE.03 **
Exhibit "A"
A port of Survey No. 11 of [.he Illinois Grant, Jeffersonvi[le Township, Clark
-'Caunty, indiana and a part'of the land described in (Osborne 19-11572),
described as fotlows:
~eglnn~ng at a Stone Found at the East Corner of Survey No. 11, Jeffersonvil[e
Township, Clark County, Indiana,
Thence N 35'$0'00" W, a distance of 1511.51 feet along the llne dividing Survey
#11 from Survey #12 to an Iron Pin Se[;
Thence S 5'~'02'05" W, o distance of ¢12.00 feet along (0urd 18-5216) to
an Iran Pin Set, THE TRUE PLACE OF BEGINNING,
Thence N 55°.'{0'00'' W, a distance of 955.75 feet along (Speth 26-755) to
Thence S 35'25'39" E, a distance of 1~2.4-0 feet ~long (Wolfe 25-1891'~) to
Thence N 54'02'05" E, e dlstan~e of 39.00 feet along (Troxel 27-3629) to
Thence S 5¢'02'05" W, a distance ~f 59.00 feet along (Fraze) to an Iran
Thence S 35'25'59" ~'. a dlstance of 536.85 feet along (Fraze 288-386,
ThEnce N 5¢'02'05" E. a distance of 59.00 feet aiong {Hall 28-135~4~ to
Thence S 35'25'39" £. a distance of 315.00 fee[ emng (Hat[ & Kinley 26-17~46) [o an
Thence N 54'02'05" E, a dfstance of 298.95 feet olang (Surd), to THE TRUE
PLACE OF REGINNING.
Contoining 6.9545 ocres, Subject [o the County Rood right-of-woy ond ony
eosemen~s of record
Key No. 04-08-041-1
CI..eJRK COUNTY REC~.DER
Cta~k ~[y R~
. C1 Dale CO/~/~1 Tl~ 11:33:31
FOR TRA~S~
AUDITOR C~RK 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
~/~ '/~'/~', 47/'~ ~/.¢,)/~ / -~-4/~'7/~¢), for and in consideration of the sum of 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 follows,'~
to-wit: Beginning at the Southeast corner of Share Number Four and the~
Northeast corner of Share Number Five as shown on the plat book of the
Partition of William Bowman, et al. v. Sarah Bowman, et al and recorded in
=robate Record "D" Page 532 in the office of the Clerk of the Clark Circuit
Court; thence North 35 deg. 30' West, and along the East line of said Sharo
Number Four, 953.75 feet, moro 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 right angles South 35 deg. 30' East, 953.75 feet, more or
less, to a stake in the South llne 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 lees.
Excepting therefrom, Lot No 1, a part of Survey No. 11 of the tltinois Grant,
jeffersonvflle Township, Clark County, indiana, and a part of land descr bed
as follows: Beginning at a nail set at the intersect[on of the Northeast line of
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
pin set; 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 ail easements and/or restdctions 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 ~&~,~ . , 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 [.aw) is required for this transaction.
IN WITNESS WHEREOF, the said GARY R. SPETH, SR. has hereunto set his hand
and seal this ~ day of /~'~¢
STATE OF INDIANA
SS:
COUNTY OF CLARK
Before me, the ur~¢ersigned, a Notary Public, within and for said County and State,
this ~ day of ~L~u~. ~5'~ ,2001 personall~ appeared Gary R. Spoth,
Sr., grantor(s) in the above"~nd 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.
WITNESS my hand and Notadal Seal.
My Commission Expires:
~oI1, MISI'Y D WOO~J~
,, ~u~ss~oN ~,. AU(:;. ~tk:lin .( '
THIS INSTRUMENT PREPARED BY A. JOSEPH HEINZ,
326 E. Court Ave., Jeffersonvil[e, IN 47130
NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP.
Notice is hereby given that on October 17, 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 R2: MEDIUM DENSITY RESIDENTIAL.
DESCRIPTION OF PROPERTY LOCATED IN
THE CITY OF JEFFERSONVILLE
PROPERTY ADDRESS: Being part of Survey No. t I of the illinois
Grant, Jeffersonville Township, Clark County, Indiana, containing
15.95 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 September 27, 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 1 lth day of October 2005.
Peggy Wilder
Jeffersonville Clerk-Treasurer
Prepared by:
Leslie D. Merkley
City Attorney
Sharon King
Paralegal