HomeMy WebLinkAbout2007-OR-39
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2007-0R-39
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A
CERTAIN TRACT OF PROPERTY DESCRIBED AS A 44-ACRE TRACT
ADJOINING NORTHA VEN SUBDIVISION ON THE NORTHEAST SIDE; AND
DESCRIBED AS BEING PART OF SURVEY NO. 21 OF THE ILLINOIS GRANT,
JEFFERSONVILLE TOWNSHIP, CLARK COUNTY, JEFFERSONVILLE,
INDIANA.
Whereas, Premier Homes of Southern Indiana, 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 M1: Limited Multifamily Residential
and M2: Multifamily Residential to R2: Medium Density Residential; and
Whereas, on June 26, 2007 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 ofLC. 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 July
16,2007 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 "Exhibit A" is hereby changed from M1: Limited Multifamily Residential and
M2: Multifamily Residential to R2: Medium Density Residential; and
IT IS FURTHER ORDAINED that the zoning map ofthe 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
iLO
day of
~ 2007.
o
Also a roadway easement 20 feet in width along the' entire
Northeast line of the above described tract.
Subject toa lien hereby reserved and retained by the g!.'<lntor,
FAY RESCHAR, to secure the payment, when the.same shalLbecome due.,
of the principal sum of Twenty-Four Thousand Dollars ($24,000.00),
by the grantees to the grantor, FAYRESCHAR, and payable in 120
installments of Two Hundred Dollars ($200.00) each beginning on the
20th day of January, 1995 and on the 20th day of each month
theI'eafter, to the order of the grantor, FAY RESCHAR, until said
indebtness is paid in full, said indebtedness being the balance
unpaid of the purchase money for said real estate which
indebtedness the grantees, RONALD L. JARRETT and JANE E. JARRETT,
hereby promise and agree to pay to the order of the grantor, FAY
RESCHAR, in the manner above provided together with any attorney's
fees which might be required in the collection of this debt all
without relief from valuation or appraisement laws.
Subject further to the grantor's being allowed to live in the
house located on said real property for the remainder of her
natural life and to enjoy the same rights and privileges that she
had during her ownership.
hand
IN WITNESSWHER,EO[I.. the. sd" .FAYRESCHAR has h:E'-e 'm;t 0
and seal this J...fJ_V1Aday of ''12...tJIIU fJ'A.A/I,:+-. 199--J;::'
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FAYRE~1AR
set her
STATE OF INDIANA
S8:
COUNTY OF FLOYD
Before me, a Notary pUblic in and for said county and state,
personally appeared. the within named FAY RE5iCHARand ecknowledgecl
execution of the foregoing Warranty Deed as and'for her voluntary
ace.~? de. ed for the uses and purposes therein maot./1e(iV.
"'~ ~~_ W.~. ,k;SS my hand.--J!!ld official seal, this .' ~ day of
, 199 ~. (1, .f1.. . . .'-7' /:::zf.A
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RECORO "
JUL 11 2007 11:37 FR KOVERT HRWKINS
8122829171 TO 2856468
P.03/03
STATE Or' INDI,\NA
BEFORE THE JEFrERSONVr.U..E PLAN COMMISSION
IN RE THE J\PPLrC\ TION OF'
PREMIER HOMES OF SOUT.HERN
INDlANA, INC, TO R.EZONE A CERTAIN
Tlt'\CT OF PROPERTY DESCRIBED
l\S A 44-ACRE TRACT ADjOIl"ING
NOR.TH A VEN SUBmVISION ON Tl-lE
NORtHEAST SIDE; AND AS A PART OF
SURVEY NO, 21 Or THE IllINOIS GRAN'r,
]ETJF'cRSONVIllE TOWNSI-UP, CT.ARK
COU!\IY, ]EFFBRSONVU.LE, f1"DIANA,
FROM M I. LIMITED Mur:rrFAMIl Y
RESTOENTlAL AND .MZ: MULTIFAMILY
RESIDENTIAL TO R.2: MEDIUM DENSITY
RESIDENTIAL
CERTlfl~~]ON OJ.! FA.Y,..ORABLE R~C.QW,{!NDATIOl:i
OF PRQPQSED ORDII\j"~~
Whereas, PremiC:l: Homes of South em Indiana" Inc. filed <1 petition before ilie
)dfri:t.5onville Plan Cornm.ission to change the (:oning designa.tion of the pr.opetty dcscribl.'!d
in attached Exhibit <fN' (me "Property"), nom Ml: Limited Multifamily Residential :'l11d M2:
Mul.tifamily Rcsiclenti!l.l to R2~ Medium Density Rcsidcntilil. and;
Wheteas, after proper norico by publication, the] effersonvitle Plan ComtTcission held
11 public hearing on the petition on June: 26, 2007; and,
Whereas. at the conclusion of l:hc h~aring the Jef.fersonville Plan Commission voted
by n lnajonty vot~ of its entire: membership to favo~bly recommend the pt.QPosed cha.nge of
zocing designa.tion of the Propert.y to the J ct'fer.sonvJJk COlnmon Counci.L
IT IS THEREFORE CERTIFI:ED that on June 26, 200i, the]effersomiUe Pun
COIllmllis.ion favorably recommended that the J effCIsonville Common Cou:ocil CrlflCr by
ordinanc'l: t.hG proposed zoning designation change of the property fron:} M1: Limited
Multifat'Xl.ily R~$idcntial and M2:Mulrifamily Residential to R2~ Medium Dc:n!:it:y ResidentiaJ.,
as requested in the petition. of Premier Homes of Southern Indiana, Inc.
So c;;errifi\!d thi5 26'h day of ]u,ne 2007.
JUL 10 2e07 10:21
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4019
WA'RRANTY DEED
'fHIS INDENTURE WIT,NESSETH, That F.AYI;t~SCHAR of Clark County,
Indii ,theunremarried widow. ofCHRI$TIAN RESCHAR who died in
Jeffenwn County, Kentucky on the 10th day of April, 1986
CONVEYS AND WARRANTS
unto~)and .TAt-iEE. .JA~RETT of Clark County, State
of malana, lor diG sum of Twenty-Four Thousand Dollars
($24,000.00), the following.described real estate in Clark County,
Indiana, in the State of Indiana, more particularly described as
follows, to-wit:
TRACT I.
fA part of Survey No. 21 of the IlHnois Grant,
Jeffersonville Township, Clark county In.diana, described
as follows;
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Beginning at an aluminum monument at the North corner of
Survey No. 11,
Thence S 510 40' W 139B.96 feet along the survey line
betweensyrvey.s 21 and Htoaniron pipe (incor.rectly
deElcribed. in Deed 270-295 as 1.683.9), THE TRUE PLACE OF
BEGINNING,
Thence N 380 23' 09" W 114.87 feet to an iron pin,
Thence S 510 40' W 335.3 feet to an iron pin,
Thence S 380 23' 09"E 114.87 feet to a wood post,
Thence N 510 40' E 335.3 feet along the survey line to
THE TRUE PLACE OF BEGINNING,
Containing 0.884 acres more or less, subject to any
easements of record.
Also a roadway ea~ement20 feetin.width along the entire
Northeast side of the above described tract.
!RACT I I
A part of Survey No. 21 of the Illinois Grant,
Jeffersonville Township, Clark County Indiana, described
as follows;
!
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Beginning at an aluminum monument at the North corner of
Survey No. 11,
Thence S 5P 40'W 1398.96 feet along the survey Hne
betwe~n eyrveys 21,;\nd 11 to an hon pipe, (incorrectly
described in Deed 270-295 as 16B3.9),
ThenceN 380 23' 09" W 114.87 feet to an iron pin, THE
TRUE PLACE OF BEGINNING,
Thence N 380 23' 09" W 80 feet to an iron pipe,
Thence S 5ID 40' W 335.3 feet to a wood post,
Thence S 380 23' 09" E 80 feet to an iron pin,
'l'hence N 510 40' E 335.3 feet to THE TRUE PLACE OF
BEGINNING,
Containing 0.615 avcre more or less, subject to any
easements of record.
COMMON COUNCIL OF
THE CIT F JE EFfSONVILLE,
INDIAN /1
r
By:
Robert L. ,)Vaiz, Jr.
Presiding Officer
ATTEST:
?~\0~&u--
Peggy Wi
Clerk- Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this ~ day of ~ 2007.
~ .
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Peggy Wil er
Clerk- Treasurer
DATE J- \~o I
PASSED 1 2
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4019
WARRANTY DEED
'rHIS INDENTURE WITNESSETH, That FAY RESCHAR of Clark County,
Indii the unremarried widow of CHRISTIAN RESCHAR who died in
Jefferbon County, Kentucky on the 10th day of April, 1986
CONVEYS AND WARRANTS
unto~)and .TANEE. JARRETT of Clark County, State
of Indiana, tor the sum of Twenty-Four Thousand Dollars
($24,000.00), the following described real estate in Clark County,
Indiana, in the State of Indiana, more particularly described as
follows, to-wit:
TRACT I.
~APart of Survey No. 21 of the Illinois Grant,
/ Jeffersonville TownShip, Clark County Indiana, described
/' ::g::~:::s~t an aluminum monument at the North COrner of
Survey No. 11,
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Thence S 51040' W 1398.96 feet along the survey line
between syrveys 21 and 11 to an. iron pipe (incorrectly
described in Deed 270-295 as 1683.9), THE TRUE PLACE OF
BEGINNING,
Thence N 380 23' 09" W 114.87 feet to an iron pin,
Thence S 510 40' W 335.3 feet to an iron pin,
\
,
'\
,
Thence S 380 23' 09" E 114.87 feet to a wood post,
Thence N 510 40' E 335.3 feet along the survey line to
THE TRUE PLACE OF BEGINNING,
Containing 0.884 acres more or less, subject to any
easements of record.
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Also a roadway easement 20 feet in width along the entire
Northeast side of the above descri,bed tract.
!RACT I I
A part of Survey No. 21 of the Illinois Grant,
Jeffersonville Township, Clark County Indiana, described
as fol1owSi
Beginning at an aluminum monument at the North COrner of
Survey No. 11,
Thence S 51" 40' W 1398.96 feet along the survey line
betwe<?n syrveys 21 .and' 11 to an iron pipe, (incorrectly
described in Deed 270-295 as 1683.9),
Thence N 380 23' 09" W 114.87 feet to an iron pin, THE
TRUE PLACE OF BEGINNING,
Thence N 380 23' 09" W 80 feet to an iron pipe,
Thence S 510 40' W 335.3 feet to a wood post,
Thence S 380 23' 09" E 80 feet to an iron pin,
'l'hence N 51" 40' E 335.3 feet to THE TRUE PLACE OF
BEGINNING,
Containing 0.615 avcre more or less, subject to any
easements of record.
Also a roadway easement 20 feet in width along the entire
Northeast line of the above described tract.
SUbject to a lien hereby reserved and retained by the gr.antor,
FAY REScHAR, to secure the payment, when the same shall become due,
of the principal sum of Twenty-Four Thousand Dollars ($24,000;00),
by the grantees to the grantor, FAY RESCHAR, and payable in 120
installments of Two Hundred Dollars ($200.00) each beginning on the
20th day of January, 1995 and on the 20th day of each month
thex'eafter, to the order of the grantor, FAY RESCHAR, until said
J.ndebtness is paid in full, said indebtedness being the balance
unpaid of the purchase money for said real estate which
indebtedness the grantees, RONALD L. JARRETT and JANE E. JARRE'rT,
hereby promise and agree to pay to the order of the grantor, FAY
RESCHAR, in the manner above provided together with any attorney's
fees which might be required in the collection of this debt all
without relief from valuation or appraisement laws.
Subject further to the grantor's being allowed to live in the
house located on said real property for the remainder of her
natural life and to enjoy the same rights and privileges that she
had du.ring her ownership.
IN WITNESS WHEREo.[1.. the s
hand and seal this ,L1:-7:M.(jay Of/,
RESCHAR has hereunto
199~-
'::':1 \\-'1 (/~0J:"I\)k~n
FAY REsct!AR
set her
STATE OF INDIANA
COUNTY OF FLOYD
SS:
Before me, a Notary Public in and for said County and State,
personally appeared the within named FAY RESCHAR and ecknowledgeo
execution of the foregoing Warranty Deed as and for her VOluntary
acto;,t\Wd de. ed for the uses and purposes therein ment./7e(i~
~ '"', Wq: k;SS my hand.--J!!ld official seal, this . ~ day of
~- , 199~.
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RECORDER OF CLl\
V7fSO
NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP
Notice is hereby given that on July 16,2007 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 MI: Limited Multifamily Residential and M2:
Multifamily Residential to R2: Medium Density Residential.
DESCRIPTION OF PROPERTY LOCATED IN
THE CITY OF JEFFERSONVILLE
PROPERTY ADDRESS: A part of Survey No. 21 of the Illinois Grant,
Jeffersonville Township, Clark County, Jeffersonville, Indiana; A
forty-four (44) acre tract adjoining Northaven Subdivision on the
Northeast side
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 June 26, 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 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 10th day of July 2007.
Peggy Wilder
Jeffersonville Clerk-Treasurer
Prepared by:
Leslie D. Merkley
City Attorney
Sharon King
Legal Assistant
Premier Homes of Southern Indiana, Inc.
44 Acres adjoining Northaven Subdivision
PC-07-17
- Jeffersonville_public_streets
D Clark_Co_Parcels_version_2
D Jeffersonville_preliminary_Delivery
D FinaLJeff_Boundary
D C1: Small to Medium Scale General Commerc
_ C2: Medium to Large Scale General Commerc
D DC: Downtown Commercial
i _ HC: Highway Commercial
/~ D 11: Business Park/Light Industrial
// _ 12: Industrial Park/Heavy Industrial
// _ IR: INAAP Redevelopment
D IS: Institutional Uses
D M 1: Limited Multifamily Residential
_ M2: General Multifamily Residential
_ MP: Mobile Home Park
_ NC: Neighborhood Commercial
NI: Neighborhood Industrial
_ OC: Office Commercial
_ PR: Parks and Recreation
D R 1: Low Density Residential
D R2: Medium Density Residential
_ R3: Old City Residential