HomeMy WebLinkAbout1998-OR-83 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. ~ ~[~
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A
CERTAIN TRACT OF PROPERTY LOCATED AT 4717 Watson-Sellersbur~; Road
FROM R-] To ]~-3
Whereas, Liter Brothers~ LLC 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 R-] To ~-3 ; and,
Whereas, on November 24~ ]998 the Jeffersonville Plan Commission has
certified its favorable recommendation of the enactment of this proposed zoning map
designation change by ordinance of this Common Council; and,
Whereas, this matter is now before the common Council at its first 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 timelyl /~/~ Z~~~~
the proposed change of zoning map designation at
December ].5, ]998 ; and,
Y
Whereas, a,, interested persons having bee
before this Common Council and be heard regardin
/.'
.ow,
Jeffersonville, Indiana, that the zoning designation ¢
attached "Exhibit A" is hereby changed from [-] To
IT IS FURTHER ORDAINED that the zoning map ur [ne ~,r~y o~ ,Jerrersonwl~e
shall be amended to include such change.
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this ] ~t~ day of December
,19 95 .
COMMON COUNCIL OF
THE CITY OF JEFFERSONVILLE, INDIANA
By:,
Thomas R. Galligan
Presiding Officer
ATTEST:
C. Richard Spencer, Jr.
Clerk and Treasurer
Presented by me as Clerk and Treasurer to the Mayor of said City of
Jeffersonvillethis ;Sth dayof ~eee~,' ,199_8_.
C. Richard Spencer, jr.
Clerk and Treasurer
This Ordinance approved and signed by me this 15th day of
199..~_8.
December
Thomas R. Galligan, Mayor
C:IG ELSENA~ZONINGIFORM ORD
Being a 92.07 acre parcel of land, lyin~ in Survey 49 of
=he G=orge Rogers Clark Military Grant, Jeffersonville
Township, Clark County, Indiana, same being Part of thOSe
same lands conveyed to Thomas A, And Linde J. King as
described in Deed Drawer 16 Instrument No. 3795, same
being more particularly described as follows:
Beginning at a PK nail found at the most eastern corner
of Survey 49, at the intersection of Coopers Land and
Utica-Sellersburg Road; thence S 49 deg. 50' 00" W with
the survey line and Coopers Lane a distance of.. 242.00
feet to. a Pk n.ail; thence N 41 deg. 03' 05" W with the
fence line a distance of 826.08 feet to a corner post;
thence S 49 deg. 30' 49" W with the fence line a distance
of 860.,75 feet to a stone at a
-_=~-ou neet to a 3/4" ~----. -_ ~ ~ a ~mstance of
ound; thence S 51 de~~. %l~,'%u~,fe..et t?. a 3/4" iron pi
eet to a 3/4" iron
~ ~= =cunt; thence S 63 deg. 25' 58"
W a distance of 214.90 feet to a 5/8" re. bar with cap set;
thence N 62 deg. 39' 49" W a distance of 152.91 feet to
a 5/8" re-bar with
cap set; thence N 80 deg. 26' 00" W a
distance of 228.37 feet to a 5/8" re-bar with cad set;
thence S 27 deg. 19' 58" W a distance of 224.80 feet to
a 3/4" iron pin found at a fence corner; thence N 40 deg.
09' 33" W with a fence line a distance of 1056.09 feet to
a stone marked "OK-; thence N 39 deg. 46' 41" W with a
fence l~'ne a distance of 157.09 feet to a 5/8" rebar with
cap set; thence N 50 deg. 30' 27" E with the east line of
the Ohio Valley Transmission Corporation tract as
described in P.D. 5-11912, D.D. 6-3913, D.D. 9-3685, a
distance of 849.97 feet to 'a 5/8" rebar with cap set;
thence N 39 deg. 44' 36" W with an east line of said Ohio
Valley Lands, a distance of 850.00 feet to a ~/8" re-bar
with cap set; t-hence N 50 deg. 30'
· 2.7" E with an east
line of said Oh.lo Valley Lands, .a dzstance of 1354.47
feet to a PK nail in the ~a'st l~ne
of said Survey 49;
thence S 40 deg. 33' 11" E with said line and the C/L of
the Utica-Sellersburg Road a distance of 875.17 feet to
(Continued)
Exhibit ~A# (COntinued)
a PK nail; thence S 49 deg, 26' 55" W with the north line
of those lands conveyed to Thomas King as described in
D.D. 15-8872, a distance of 674.00 feet to a 5/8" re-bar
with cad set; thence S 40 deg. 33' 11" E with a west line
of King, a distance of 300.00. feet to a 5/8. rebar with
cad set; thence N 49 deg. 26' 55" E with King's line, a
distance of 674.00 feet to a PK nail in said survey line;
thence S 40 deg. 33' 11" E with the line dividing Surveys
49 and 50, and the C/L of ~tica-Sellersburg Road a
distance of 1680.92 feet to the beginning.
Subject to all easements of record and the right of way
of said roads.
TRACT 2: ':
Being a Dart of Survey %49 of the Illinois Grant to Clark
County, Indiana and being further described as follows:
Beginning at an iron DiDe an iron Din on the East corner
of Sur~ey %49, the South corner of Survey %50 and in the
line of Survey 936; Thence N. 40 degrees 35 min. W.,
along the line dividing Surveys %49 and %50 and along the
centerline of Utica Sellersburg Road 1680.92 feet to a
railroad sDike, THE TRUE PLACE OF BEGINNING. Thence S.
49 degrees 25 min. W., 674 feet to a Doint; thence N. 40
degrees 35 min. W., 300 feet to an iron Dipe; Thence N.
49 degrees 25 min. E. 674 feet to a railroad sDike in the
line dividing Surveys %49 and %50 and in the centerline
of Utica-Se~ler~r~ Roa~; Thence ~ 40 degrees 35 min.
E., along sa~ddivlding l~ne and sa~ '
~ T~fi TRUE .PLA centerline 300 feet
d CE OF BEGINNING.. containing 4.642 acres
record.ng su~]ect to all legal highways and easements of
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STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
LITER BROTHERS ~ LLC
TO REZONE A CERTAIN TRACT
B-3
FROM R-1
CERTIFICATION OF FAVORABLE/UNFAVORABLE/N° RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas, Liter Brothers, LLC fileda petition before the Jeffersonville Plan
Commission to change the zoning designation of the property described in attached
Exhibit A (the "Property"), from R-1 ; and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission
held a public hearing on the petition on November 24~ 1998 ; and,
Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission
voted by a majority vote of its entire membership to favorably/unfavorably/not
recommend the proposed change of zoning designation of the Property to the
JeffersonviIle Common Council.
IT IS THEREFORE CERTIFIED that on November 24, 1998 , the.
Jeffersonville Plan Commission favorabty/ur~sverably-/~d-not recommend(ed) that the
Jeffersonville Common Council enact by ordinance the proposed zoning designation
change of the property from R-1 Zo B-~ as requested in the petition of
Liter Brothers, LLC
So certified this24th day of November, 19 98
Vice. Chairman
C;~G ELSENA~ZONINGIFORM,CER
Being a 92.07 acre parcel of land, lyin.~ in Survey 49 of
the G=orge Rogers Clark Military Grant, Jeffersonville
Township, Clark County, Indiana, same being Part of those
same lands conveyed to Thomas A, And Linda J. King as
described in Deed Drawer 16 Instrument No~ 3795, same
being more particularly described as follows:
Beginning at a PK nail found at the most eastern corner
of Survey 49 at the 'ntersectlon of Coopers Land and
Utica-Sellersburg Road; thence S 49 deg. 50' 00" W with
the survey line and Coopers Lane a distance of 242.00
feet to a Pk nail; thence N 41 deg. 03' 05" W with the
fence line a distance of 826.08 feet to a corner post;
thence S 49 deg. 30' 49" W with the fence line a distance
of 860.75 feet to a stone at a corner post; thence S 39
deg. 29' 18" E a distance of 287.21 feet to a 3/4" iron
pin found; thence S 49 deg. 48' 32" W a distance of
140.55 feet to a 3/4" iron pipe found; thence S 49 deg.
40' 14" W a distance of 140.50 feet to a 3/4" iron pipe
found; thence S 51 deg. 16' 58" W a distance of 208.49
feet to a 3/4" iron pipe found; thence S 63 deg. 25' 58"
W a distance of 214.90 feet to a 5/8" rebar with cap set;
thence N 62 deg. 39' 49" W a distance of 152.91 feet to
a 5/8" rebar with cap set; thence N 80 deg. 26 00" W a
d' '
lStance of 228.37 feet to a 5/8" rebar with cap set;
thence S 27 deg. 19' 58" W a distance of 224.80 feet to
a 3/4" iron pin found at a fence corner; thence N 40 deg.
09' 33" W with a fence line a distance of 1056.09 feet to
a stone marked "OK"; thence N 39 deg. 46' 41" W with a
fence line a distance of 157.09 feet to a 5/8" re-bar with
cap set; thence N 50 deg. 30' 27" E with the east line of
the Ohio Valley Transmission Corporation tract as
described in D.D. 5-11912, D.D. 6-3913, D.D. 9-3685, a
distance of 849.97 feet to a 5/8" rebar with cap set;
thence N 39 deg. ~.4' 36" W with an east line of said Ohio
Valley Lands, a lstance of 850.00 feet to a 5/8" rebar
with cap set; thence N 50 deg. 30' 27" E with an east
line of said Ohio Valley Lands, a distance of 1354.47
feet to a PK nail in the ~a'st line of said Survey 49; ,
thence S 40 deg. 33' t1" E with s~id line and the C/L of
the Utica-Se!lersburg Road a distance of 875.17 feet to
(Continued)
Exhibit ~A" (Continued)
a PK nail; thence S 49 deg. 26' 55" W with the north line
of those lands conveyed to Thomas King as described in
D.D. 15-8872, a distance of 674.0.0 feet to a 5/8" rebar
with cap set; thence S 40 deg. 33' 11" E with a west line
of King, a distance of 300.00. feet to a 5/8" rebar with
cap set; thence N 49 deg. 26' 55" E with King's line, a
distance of 674.00 feet to a PK nail in said survey line;
thence S 40 deg. 33' 11" E with the line dividing Surveys
49 and 50, and the C/L of Utica-Sellersburg Road a
distance of 1680.92 feet to the beginning.
Subject to all easements of record and the right of way
of said roads.
TRACT 2:
Being a part of Survey #49 of the Illinois Grant to Clark
County, Indiana and being further described as follows:
Beginning at an iron pipe an iron pin on the East corner
of Survey #49, the South corner of Survey #50 and in the
line of Survey %36; Thence N. 40 degrees 35 min. W.,
along the line dividing Surveys %49 and %50 and along the
centerline of Utica Sellersburg Road 1680.92 feet to a
railroad spike, THE TRUE PLACE OF BEGINNING. Thence S.
49 degrees 25 min. W., 674 feet to a point; thence N. 40
degrees 35 min. W., 300 feet to an iron pipe; Thence N.
49 degrees 25 min. E. 674 feet to a railroad spike in the
line dividing Surveys %49 and #50 and in the centerline
of Utica-Sellersburg Road; Thence S. 40 degrees 35 min.
E., along said dividing line and said centerline 300 feet
to THE TRUE PLACE OF BEGINNING. Containing 4.642 acres
and being subject to all legal highways and easements of
record.
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