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Home My WebLink About2007-OR-12 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2007-0R-12 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION, OF A CERTAIN TRACT OF PROPERTY LOCATED AT 411 EAST SEVENTH STREET (PARCEL NUMBER/TAX KEY: 019-34-0200) FROM R3: OLD CITY RESIDENTIAL TO DC: DOWNTOWN/OLD CITY COMMERCIAL. Whereas, Charles Wills, 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 R3: Old City Residential to DC: Downtown/Old City Commercial; and; Whereas, on February 27,2007 the Jeffersonville Plan Commission has certified to the Council a non-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 ofLC. 36-7-4-608(1)(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 March 5, 2007 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 R3: Old City Residential to DC: Downtown/Old City 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 5~day of March 2007 By: ILLE, ATTEST: Q~l}-J~ ' Peggy ~ Clerk- Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ~ day of March 2007. ~~ Peggy Wild Clerk- Treasurer " This Ordinance approved and signed by me thO DATE PASSE~1""-~"3 .~ YEA NEA PERKINS ..:::..-__ ZASTAWNY ~..._ FETZ _.:::. ___ SELLERS ~_ IWILSON _ ~__ ! :rJROOMS V __ 1"Gi\ULEY ~:....- 1.-aJt" 'I Wz.,,,, &0 '-: , ..' :.:....~ _ ( I \,.'." I,' it' ~'...J 'j :;Ul3JdJT TO Hr.:AL f~C:GEPTAN61; r:=(jCTnt,;\\q~t::Cl' MAlL TAX BILLS TO: HomEq PO Box 13909 Durham, NC 27709-3909 SEP 2 8 2006 i!1.!d,?rM~~~ 4\"" '-'\,~fiJtm.lfi'~ftP EEO Shirley Nolot lP CLARK COUNTY RECORDER FUed torR.corda. Presented I 200&20302 Pale 1 of 1 JW D.te 09/28/2006 Time 14:45:00 THIS INDENTURE WITNESSETH, that MICHAEL L. BECHER, as Sheriff of Clark County, State of Indiana, conveys to WELLS FARGO BANK, N.A., AS TRUSTEE, in consideration of the sum of $65,166.28, the receipt of which is hereby acknowledged, on sale held on September 14, 2006, made by virtue of a decree judgment, issued from the Superior Court of Clark County, in the State of Indiana , pursuanUo the laws of said State on the 5th day of July, 2006, in Cause No. 1 o DOI-060J-MF-66 wherein Wells Fargo Bank, N.A., as Trustee was Plaintiff, and Douglas Wacker was the Defendant, in consideration of said sum aforesaid, the following described real estate in Clark County, Indiana, to-wit: Seven feet off the East side of Lot #3 and thirty-three feet off the West side Of'~ being in the Joseph E. Voight Subdivision of Block #76 of the City of Jeffersonville, as the same appears of record in Plat Book No.4, page 74, in the Office of the Recorder of Clark County, Indiana. More commonly known as: 411 East Seventh Street, Jeffersonville, Indiana, 47130, Parcpl NumberlTax Key: 019-34-0200 , I To have' and to hold the premises aforesaid with the privileges and appurtenances to said purchaser, their grantees and assigns, forever, in full and ample manner with all rights, title and interest held or ciaimed by the aforesaid Dc:fendant. IN WI~ESS ~HEREOF, I, 1'~J:~ UND, ERSIGNED, Sheriff aforesaid have hereunto set my hand anfi seal, thIS JJfYTYday of _ ~~Q'VL dUAJ C i' 'SHERIFF OF CLARK COUNTY, INDIANA 7J1;YJf ~ 'MICHAEL L. BECHER On the/Y!!day of S-~f/)?{JV1... ~dr;;, personally appeared Michael L,_.B~.chh, in the capacity of Sheriff of said County~ and acknowledged the execution of the for~~(jihgdeed. COUNTY OF CLARK ) ) SS: ) STATE OF INDIANA IN WIl]&fESS WHEREOF, I have hereunto set my hand and official seal. ~1/~9t.. , TARYPuBLIC or ,,~ L !/f4~~~' PRINTED NAME i (J~ COUNTY OF RESIDENCE ~q!1 CO I SION EXPIRES This instrument prepared by: J. Rickard Donovan, ID#I7301-02, Rothberg Logan & Warsco LLP, P.O. Box 11647, Fort Wayne, Indiana 46859-1647. "I AFFrRM, UNDeR 't'l1to: tf:ttNAL'ftila F't'N. PERJURY, THAT T HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURliY NUMBER IN THIS DO~ENT, UNLESS REQUIRED BYLAW" nrd~ t..t)~ '" -<<T...-> Charles Wills 411 E. 7th Street Petition to Rezone from R3 to DC PC-07-02 Legend - Jeffersonville_public_streets CJ Clark_Co_Parcels_version_2 CJ Jeffersonville_preliminary-Delivery D FinaLJeff_Boundary C1: Small to Medium Scale General Commercial C2: Medium to Large Scale General Commercial DC: Downtown Commercial .. HC: Highway Commercial CJ 11: Business Park/Light Industrial 12: Industrial Park/Heavy Industrial .. IR: INAAP Redevelopment ~ IS: Institutional Uses M1: Limited Multifamily Residential .. M2: General Multifamily Residential .. MP: Mobile Home Park .. NC: Neighborhood Commercial NI: Neighborhood Industrial OC: Office Commercial .. PR: Parks and Recreation R1: Low Density Residential R2: Medium Density Residential R3: Old City Residential FEE 28 2007 20:32 FR KOVERT HAWKINS 8122829171 TO 2856468 P.02/04 STATEOF INDIANA BEFORE THE JEFFERSONVIT...LE PLAN COMMISSrON IN RE TRE APPLICATION OF CHARLES WILLS TO REZONE A CERTAIN TRACT OF PROPER.TY BEING L.OCATED AT 411 EAST SEVENTH STREET FROM R3: OLD CITY RESIDENTIAL TO OC~ DOWNTOWN COMMERCIAL CERTIFICATION OF NON- RE~OMMENDA TION OF PROPOSED ORDINANC~E I ,: Where~s, Charles Wills filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property descri.bed in attached Exhibit <<A" (the "Property"), from R3:01d City Residential to DC: Downtown Commercial; and, Whereas. after proper notice by publication~ the Jeffersonville Plan Commission' held a public hearing on the petiti.on on February 27) 2007; and, II j; ll:!f .. Whereas, at the conclusion ofrhe hearing the Jcffersonvi1Ie Plan Commission voted by a majority vote of its membership to ma.ke <l non. recommendation of the proposed change of zoning designationofthe Property to the Jeffer.sonville Common Council. IT IS THEREFORE CERTIFIED that on February 28, 2007, the Jeffersonville Plan Commission m.ade a non-recommendation to the Jeffersonville Common Council regarding the r~quest to enact by ordinance the proposed zoning cl.esignation change of the property located at 411 E. 7t'n Street from .R3: Old City Residential to DC: Downto\Vfl Commercial as requested in the petition of Charles Wilts. So certified this 27lh day of February 2007. Ii 'I lr j; ~i Ii Ii. FEE 28 2ee7 17:18 285S4S8 PAGE. 102 ..., ~,,1~~W tf. <.' ~.:....~ _' I \.. \,. r.',,:,'. ;':U~~CT TO F:r'AU~GCEPTANCl ~nc T':'!/1 "I cr:t:: D MAlL TAX BILLS TO: HomEq PO Box 13909 Durham, NC 27709-3909 SEP 2 8 2006 ':R j. -il \L-..,(l{-'I".~~j~ t>;f 1...~.,~tt.l:!;RiE.~ftPEED Shirley Nolot 1P CLARK COUNTY RECORDER Filed torR.cord. as Pr.sented t 200&20302 Pate 1 of 1 JW O.t. 09/28/2006 Time 14:45:00 THIS INDENTURE WITNESSETH, that MICHAEL L BECHER, as Sheriff of Clark County, State of Indiana, conveys to WELLS FARGO BANK, N.A., AS TRUSTEE, in consideration of the sum of $65,166.28, the receipt of which is hereby acknowledged, on sale held on September 14, 2006, made by virtue of a decree judgment, issued from the Superior Court of Clark County, in the State of Indiana, pursuant to the laws of said State on the 5th day of July, 2006, in Cause No. 10DOI-0603-rvfF~66 wherein Wells Fargo Bank, N.A., as Trustee was Plaintiff, and Douglas Wacker was the Defendant, in consideration of said sum aforesaid, the following described real estate in Clark County, Indiana, to-wit: ~ Seven feet off the East side of Lot #3 and thirty-three feet off the West side of Lot #4, all'\ being in the Joseph E. Voight Subdivision of Block #76 of the City of Jeffersonville, as ) the same appears of record in Plat Book No.4, page 74, in the Office of the Recorder of Clark County, Indiana. More commonly known as: 411 East Seventh Street, Jeffersonville, Indiana, 47130, Parcpl Number/Tax Key: 019-34-0200 ., To hav~: and to hold the premises aforesaid with the privileges and appurtenances to said purchaser, their grantees and assigns, forever, in full and ample manner with an rights, title and interest held or ciaimed by the aforesaid Defendant IN WI1[:NESS WHEREOF, I, THE UNDERSIGNED, Sheriff aforesaid have hereunto set my hand an~!seal, this j'frtJP' day of ,-\~QVL .dUfJC '-.-', COUNTY OF CLARK ) ) SS: ) SHERIFF OF CLARK COl.JNTY, INDIANA lJt;/J/~ 'MICHAEL 1. BECHER STATE OF INDIANA "i' On thef:/!!!day of Sfi?rflJ10vt ~G, personally appeared Michael L.~B~cher, in the capacity of Sheriff of said County ~ and acknowledged the execution of the foregoirtg deed. IN WI11lNESS WHEREOF, I have hereunto set my hand and official seal. r'4Rx /~I/~9t.: COl.JNTYOFRESIDENCE U~Y;uBLIC r /.//'9/;/ ,,~ L /!{f~~~- cOM.{'lI~SION EXPIRES PRINTED NA1\1E This instrument prepared by: J. Rickard Donovan, ID#17301-02, Rothberg Logan & Warsco LLP, P.O. Box 11647, Fort Wayne, Indiana 46859-1647. "1 AFFIRM, tJNtJEt<. 'fHg tfttNALt't13S F't:1rt PERJURY, THAT r HAVE TAKEN REASONABLE.~ CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DO~ENT, UNLESS REQUIRED BYLAW" nrd~ t..lJ~~ Charles Wills 411 E. 7th Street Petition to Rezone from R3 to DC PC-O 7 -02 legend - Jeffersonville-public_streets c=J Clark_Co_Parcels_version_2 c=J Jeffersonville -preliminary_Delivery D FinaLJeff_Boundary i . i C1: Small to Medium Scale General Commercic .. C2: Medium to Large Scale General Commerci, DC: Downtown Commercial .. HC: Highway Commercial [-=:J 11: Business Park/Light Industrial 12: Industrial Park/Heavy Industrial .. IR: INAAP Redevelopment f~;;i~llls: Institutional Uses 1/f'?''Slr~ M1: Limited Multifamily Residential .. M2: General Multifamily Residential .. MP: Mobile Home Park .. NC: Neighborhood Commercial NI: Neighborhood Industrial OC: Office Commercial .. PR: Parks and Recreation ! I R1: Low Density Residential ~ R2: Medium Density Residential R3: Old City Residential ,. NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP I Notice is hereby given that on March 5, 2007 at 7:30 o'clock p.m. in the Council Chambers, First Floor, Jeffersonville City Hall, 500 Quartermaster Court, 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 DC: Downtown/Old City Commercial. DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE PROPERTY ADDRESS: The property is located at 411 E. yth Street. Parcel NumberlTax Key: 019-34-0200. The Jeffersonville Plan Commission made a Non- recpmmendation concerning the adoption of an ordinance enacting this proposed change of zoning map designation after notice and hearing on February 27,2007. All interested persons are invited to attend and be heard regarding this matter. This Jeffersonvill~ Common Council meeting may be continued from time to time as found necessary. TheJeffersonville Common Council may take official action at the conclusion of debate a~ this meeting. Such notice given and posted this 1 st day of March 2007. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal St. Stephen Baptist Church Scott-Morrison Road and Veterans Parkway PC-O? -03 Legend D Final_Jeff_Boundary C1: Small to Medium Scale General Commercial .. C2: Medium to Large Scale General Commercial DC: Downtown Commercial II1II HC: Highway Commercial 11: Business Park/Light Industrial 12: Industrial Park/Heavy Industrial 1IIII1R: INAAP Redevelopment IS: Institutional Uses M1: Limited Multifamily Residential M2: General Multifamily Residential II1II MP: Mobile Home Park II1II NC: Neighborhood Commercial NI: Neighborhood Industrial OC: Office Commercial II1II PR: Parks and Recreation R 1: Low Density Residential R2: Medium Density Residential III R3: Old City Residential FEE 28 2007 20:32 FR KOVERT HRWKINS 8122829171 TO 2855458 P.03/04 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION TN RE THE APPLICATION OF ST. STEPHEN "BAPnsl.' CHURCH TO REZONE A CER1 AIN TRACT OF PROPERTY BEING PART OF SURVEY NO. 34 OF THEILLINOJS GRANT AND DESCRlBED AS A 5.32 ACRE 'TRACT LOCA TEl) AT VETERANS PARKWAY ANn SCOTT~MORRISON ROAD BETWEEN 251$ AND 1607 VF.TERANS P ARKW A Y BE REZONED FROM C1.: MEDIUM TO LARGE GENERAL COMMERC1AL TO IS: INSTITUTIONAL CERTIFICA TION OF~F:~YPRABLE RECOMMENDATION MADE CONCERNJN~_PROPOSED ORDINANCE CHANGE L I I II I' iHl" Whereas, St. Stephen Baptist Church filed. a petition before the JeffersonVille Plan Commission to change the zoning d~signation of the property described in attached Exhibits, (the c'Property"). from C2: Medium to Large: General Commercial to IS: lnstirutional and; Whereas, aftli:r proper notice by puhlil:;ation, the Jeffersonville Phm Commission' held a public hearing on the petition on February 27, 2007 arid; Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its membership to ma.ke a favorable recommendation concerning the proposed change of zoning designation of the Property to the Jeffersonville Common CounciL IT IS THEREFORE CERTIFIED that on February 27,2007) the Jeffersonville Plan Commission made a favorable recommendation concerning the Jeffersonville Common Council enactment by ordinance of the proposed :toning designation change of the property from C2: Modium to Large General Commercial to IS: Institutional as requested in the petition of St. Stephen Baptist Church. I " So certified this 27th day of February 2007. l~ j; ~d ' FEE 28 2007 17:19 :::>~c;C..ahQ t:lO~1= t::l~ 'N\", p~~',,'5 Shti-Iey Nolot ., CI..MK COUNTY RECOIDE'R . Clerk County R.eor~- I 2e0511301 -.. JW Dat. e7/27/2~ T P... 1 0' 3 i.. 14:16:21 3P WARRANTY DEED OULY ENTERED FOR TAXATION SVaJECT TO fINAL ACCEPTANCe, FOR if:\ANSFER SEND TAX INFORMATION TO: ROBERT F. MORRISON ELEANOR F. MORRISON 5109 Ferrer Way Louisville, KY 40291 JUL 2 7 2005 ~~ AUDITOR. CLARK COUNTY THIS INDENTURE WITNESSETH, that ROBERT F. MORRISON aIkIa ROBERT FRANCIS MORRISON and ELEANOR F. MORRISON aJk/a ELEANOR FRANCES MORRISON, husband and wife, of 5109 Ferrer Way, Louisville, Kentucky 40291 (hereinafter collectively the "Grantors") for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration including love and affection; the receipt of which.is hereby acknowledged, do hereby CONVEY, TRANSFER, RELEASE AND WARRANT to the ROBERT F. MORRISON REVOCABLE TRUST dated June 16,2005, with Robert F. Morrison as Trustee, and to the ELEANOR F. MORRISON REVOCABLE TRUST dated June 16,2005, with Eleanor F. Morrison as Trustee, both of 5109 Ferrer Way, Louisville, Kentucky 40291 (hereinafter collectively the "Grantee"), in fee simple and as tenants-in- common, all of their right, title and interest in andto the following described tracts of real property, located in Clark County, Indiana, and being more particularly described as follows: Tract I: ^, Beginning at a railroad spike in the center line of the Charlestown-New Albany Pike, same being the south comer of Survey No. 34 of the Illinois Grant to Clark County, Indiana; thence along the center of said pike and the line dividing Grants Nos. 34 and 21, north 490 30' east a distance of 1341.24 feet to a spike in the center of said pike; thence N. 320 31' 07" west 388.18 feet to an iron pipe; thenc~ north 490 40' east 163.20 feet to an iron pipe; thence north 40008' 44" west 473.52 feet to an iron pipe on the eastern right-of-way line of the P.C.C. & St. 1. Railroad; thence along said railroad right-of-way north 38055' 27" east 668.45 feet to an iron pipe on said right-of-way line, the true place of beginning; thence south 410 19' 14" east 280.51 feet to a stake; thence north 61049' 19" west 281.39 feet to a stake in the south right-of-way line of the P.C.c. & St. 1. Railroad; thence north 38055127" east 100 feet to a stake, the true place of beginning. Containing .32 acre, more or less. Being the same propertj conveyed to Grantors by Deed dated November 8, 1967 of record in Deed Record No. 289, Pages 582 and 583, in the aforesaid Recorder's Office. Tract II: Beginning at a railroad spike in the center line of the Charlestown-New Albany Pike, same being the south comer of Survey No. 34 of the Illinois Grant to Clark County, Indiana; thence along the center of said pike and the line dividing Grants Nos. 34 and 21 a distance of2232.50 feet to a spike in the center of said pike, the true place of beginning; thence N. 41019' 14" west 98 feet to an iron pipe in the eastern right-of-way of the P.C.C. & St. L. Railroad right~of-way; thence N. 380 55' 27" east along said P.C.C. & S1. L. Right-of- way line a distance of220.78 feet to an "X" tie fence post; thence S. 410 19' 32" east 1021.04 feet to a railroad spike in the center line of the Charlestown- New Albany Pike; thence S. 490 30' W., along the center of said pike a distance of 217.70 feet to a railroad spike, the true place of beginning. Containing 5.000 acres~ situated in Survey No. 34 ofthe Illinois Grant to Clark County, lndiana, and subject to all legal highways. Being the same property conveyed to Grantors by Deed dated January 30, 1967 of record in Deed Record No. 283, Pages 118 and 119, in the aforesaid Recorder's Office. ., '.',,-, Subject to any and all easements, restrictions and/or protective covenants of public record which may apply to the above property. The Grantors covenant that they are lawfully seized of the estate hereby conveyed, with full right and power to convey the same. This conveyance is subject to all existing restrictions and easements of record, any mortgages or liens of record, any State and County taxes that are due and payable, and all subsequent taxes which the Grantee does hereby assume and agree to pay. 2 T St. Stephen Baptist Church Scott-Morrison Road and Veterans Parkway PC-07-03 --,-- Legend D FinaLJefLBoundary C1: Small to Medium Scale General Commercial .. C2: Medium to Large Scale General Commercial DC: Downtown Commercial .. HC: Highway Commercial 11: Business Park/Light Industrial III 12: Industrial Park/Heavy Industrial .. IR: INAAP Redevelopment IS: Institutional Uses M1: Limited Multifamily Residential ... M2: General Multifamily Residential .. MP: Mobile Home Park .. NC: Neighborhood Commercial Nt: Neighborhood Industrial OC: Office Commercial .. PR: Parks and Recreation . R1: Low Density Residential . R2: Medium Density Residential R3: Old City Residential NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP Notice is hereby given that on March 5,2007 at 7:30 o'clock p.m. in the Council Chambers, First Floor, Jeffersonville City Hall, 500 Quartermaster Court, 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 C2: Medium to Large General Commercial to IS: Institutional. DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE PROPERTY ADDRESS: The property is described at being part of Survey No. 34 of the Illinois Grant and described as a 5.32-acre tract located at Veterans Parkway and Scott-Morrison Road between 2515 and 2607 Veterans Parkway. 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 February 27,2007. All interested persons are invited to attend and be heard regarding this matter. This Jeffersonville Common Council meeting may be continued from time to ~ime 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 st day of March 2007. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal