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HomeMy WebLinkAbout02) 1996-OR-101 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 96-OR-/~/ AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF CERTAIN TRACTS (TRACT I - TRACT X) OF PROPERTY LOCATED ON OR NEAR THE JEFFERSONVILLE RIVERFRONT FROM THE FOLLOWING: TRACT I (B-3) TO (B-'I); TRACT II (B-2 & I-1) TO (B-l); TRACT III (B-2) TO (B-I); TRACT IV & TRACT V (NOT AVAILABLE) TO (B-I) TRACT VI (B-3) TO (B-I); TRACT VII (B-3) TO (B-'I); TRACT VIII (B-2) TO (B-'I); TRACT IX (B-3) TO (B-l); AND TRACT X (B-3) TO (B-l), WHEREAS, Ohio Riverside Development Corporation 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 the following: TRACT I (B-3) TO (B-l); TRACT II (B-2 & I-1) TO (B-I); TRACT III (B-2) TO (B-l); TRACT IV & TRACT V (NOT AVAILABLE) TO (B-'I) TRACT VI (B-3) TO (B-l); TRACT VII (B-3) TO (B-I); TRACT VIII (B-2) TO (B-I); TRACT IX (B-3) TO (B-I); AND TRACT X (B-3) TO (B-l); and, WHEREAS, 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 received competent proof of the timely posting of notice of its intent to consider the proposed change of zoning map designation at the regular meeting scheduled for December 16, 1996; 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 the following: TRACT I (B-3) TO (B-l); TRACT II (B-2 & I-1) TO (B-l); TRACT III (B-2) TO (B-l); TRACT IV & TRACT V (NOT AVAILABLE) TO (B-l) TRACT VI (B-3) TO (B-I); TRACT VII (B-3) TO (B-l); TRACT VIII (B-2) TO (B-I); TRACT IX (B-3) TO (B-I); AND TRACT X (B-3) TO (B-l). 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 ~),.~-~. , 1996. C:/G ELS E NA~7.ONING/O RDC ORD COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA STATE OF ,INDIANA COUNTY OF CLARK SS: "EXHIBIT A" BEFORE THE JEFFERSONVILLE CITY PL4N COMMISSION IN THEMATTER OF THE PETITION OF (Ann Walker) Ohio Riverside Dev. Corp. ~3RE-ZONE PROPERTY PETITION TO AMEND TIlE JEFFERSONVILLE, INDIANA ZONING ORDINANCE To the Jeffersonvtlle City Plan Cometsston~ The undersigned petitioner respectfully requests an amendment to the Zoning Districts set out on the District Zone Maps of the City of Jeffersonvtlle, Indlana with respect to the following described real estate, situated in the City of Jeffersonvtlle, County of Clark. State of Indiaea, to-wttx See attached description: (TRACT I - TRACT X) Tract I ((B-3), Tract II (B-2 & I-l), Tract III (B-2), Tract IV (Not Availabl~ Tract V (Not Available}, Tract VI (B-3), Tract VII (B-3), Tract VIII (B-2}, Tract IX (B-3), Tract X (B-3). see above list The above described real estate is now in a district classified as of zoninqs and it is requested that it be reclassified asB-l(L°cal BusinesS~br the followinE reasons~ That it will not materially affect the value of real estate surroundinE said property. The proposed amendment would not be detrimental to public heslth, safety morals or Beneral welfare. 3. The proposed amendment will not be contrary to the public interest. The proposed amendment will not '~lter the essential character of the locality, the spirit of the Ordinance will be observed, and substantial Justice done. wgEEEFORE, the undersigned petitioner prays that the City of Jeffersonvllle Ordinance be amended so tha£ the subject real estate be classified as beieg district of :. Da:ed and sig.ed by the peri:toner at Jeffersonville, Clark County, Indiana, this 14thday of November , 1996 . Zoning in a TRACT I Being part of the City of Jeffersonville, Clark County, Indiana, more particularly described as follows: Beginning at an existing steel pin recovered at the intersection of the south line of Riverside Drive and the Corporation line dividing said Jeffersonville and the Town of Clarksville; thence leaving said corporation line with said south line, south 63° 33' 46" east, 114.78 feet and south 74° 48' 31" east, 114.57 feet to the intersection of said south line and the east line of the second street bddge, said beinq the true I~oint or' bee nninq; thence leaving said bridge and continuing with said south line, south 74" 48' 31" east, 240.15 feet; south 77° 32' 49" east, 151.45 feet and south 80° 11' 32" east, 344.19 feet to an existing steel pin recovered at the northwest corner of lot 4, block 3, City of Jeffersonville; thence leaving said Riverside Drive with the west line of lot 4, being the west line of the tract of land now or formerly owned by the City of Jeffersonville as recorded in deeds of record in deed drawer 18, instrument 7968 and deed drawer 18, instrument 8131 in the Office of the Recorder, Clark County, Indiana, South 04" 20' 29" west, passing near the left bank waters edge of the Ohio River at normal pool at 247 feet and a total of 369.63 feet to the 1792 boundary between the Commonwealth of Kentucky and the State of Indiana as established by the Supreme Court of the United States of America by report of Special Master dated October, 1978, January 21, 1980 and March 24, 1980; thence down stream with said boundary as follows: North 80° 37' 34" west, 77.69 feet to point 2604 of said boundary as recorded in a report filed in said Recorder's Office; thence north 74° 52' 58" west, 514.46 feet to point 2605; thence 74° 37' 40" west, 6.87 feet to point 2606; thence north 82° 18' 00" west, 175.92 feet to the point of intersection of said state boundary and the aforesaid east line of the Second Street Bridge: thence leaving said state boundary with said bridge, north 10° 15' 28" east, passing near aforesaid waters edge at 115.81 feet. And a total of 356.27 feet to the true point of beginning. TRACTII Being all of Block 21, part of Blocks 15, 16, 22, the vacated alleys (see Deed Drawer 20. Instrument 9180 and Miscellaneous Record Book 49 Page 161) in said blocks, part of Rose Hill School Lot, part of Rader Park, and part of Vacated BroadwaY, (see Deed Drawer 20, Instrument 9180) part of vacated Indiana Avenue, (see Deed Drawer 2t, Instrument 2062) part of vacated Fourth Street, (see Deed Drawer 20. Instrument 9180) part of vacated Third Street, (see Miscellaneous Record Book 49, Page 161, Miscellaneous Drawer 2, Instrument 443, and Deed Drawer 20, Instrument 9180)all in the City of Jeffersonville, Clark County, Indiana and being further described as follows: Beginning at an iron pipe on the northwest corner of Lot #5, in said Block 21; thence S. 85° 16' 54" E., along the south Right-of-Way line of Fourth Street, 111.24 feet to an iron pipe on the northeast corner of said Lot #5; thence 130.62 feet along the arc of a curve · to the left (radius = 130.745 feet) whose chord bears N. 66° 05' 51" E., 125.26 feet to the north Right-of-Way line of said Fourth Street; thence N. 85° 16' 54" W., along said north Right-of-Way line, 221.42 feet to an iron pin on the southwest comer of Rader Park; thence N. 4° 30' 08" E., along the eastedy Right-of-Way line of Illinois Avenue, 117.50 feet to an iron pipe; thence S. 85° 13' 12" E., 242.48 feet to an iron pin on the west Right-of-Way line of Vacated Broadway; thence N. 4" 30' 08" E., 10.00 feet to an iron pin on the South Right-of-Way line of Court Avenue (North Fourth Street); thence S. 86° 26' 30" E., along said Right-of-Way line, 147.50 feet to an iron pin; thence S. 24° 07' 34" E., along the Westerly Right-of-Way line of 1-65, 153.61 feet to an iron pin; thence S. 4° 38' 31" W., 191.36 feet to an iron pin; thence S. 25° 54' 06" E., along said westerly Right-of-Way line 313.91 feet to an iron pin; thence S. 18° 24' 26" W., along said Right- of-Way line 157.70 feet to an iron pin; thence S. 53° 34' 45" W., along said Right-of-Way line, 175.07 feet to an iron pin; thence S. 79° 04' 30" W., along said Right-of-Way line, 114.43 feet to an iron pin; thence N. 87° 39' 32" W., along said Right-of-Way line, 210.38 feet to an iron pin; thence in N. 89° 24' 12" W., 20.05 feet to an iron pipe; thence N. 89° 38' 47" W., along said Right-of-Way line, 44.57 feet to an iron pipe; thence N. 32° 27' 35" W., 111.07 feet to an iron pipe on the eastedy Right-of-Way line of Illinois Avenue; thence N. 4° 30' 08" E., along said easterly Right-of-Way line, 630.15 feet to THE PLACE OF BEGINNING. TRACTIII Being a part of Lot #12 and all of Lots #13, #14, #15 and #16 in Block #17 in the City of Jeffersonville, Clark County, Indiana and being further described as follows: Beginning at a ddll hole in the northwest corner of Illinois Avenue and Market Street in said city; thence N. 85° 22' 53" W., (basis of bearings) along the north line of Market Street, 111.10 feet to a dritl hole on the northeast corner of Market Street and a 20 foot wide alley; thence N. 4 30 08 E., along the east line of said alley, 225.20 feet to an iron pipe: thence S. 85° 22' 53" E., 111.10 feet to an iron pipe on the west tine of Illinois Avenue; thence S. 4° 30' 08" W., along said west line, 225.20 feet to THE PLACE OF BEGINNING. TRACTIV Being a part of The City of Jeffersonville, Clark County, Indiana and being further described as follows: Beginning at the intersection of the north Right-of-Way line of West Riverside Drive (formerly First Street) and the western Right-of-Way line of Interstate Highway #65; Thence northwardly along said western line, 418 feet, more or less, to the south Right-of-Way line of West Market Street; Thence eastwardly, along said south line 360 feet. more or less, to the western Right-of-Way line of Fort Street; Thence S. 7° 27' E., along said Fort Street, 165 feet, more or less, to the north · Right-of Way line of the Jeffersonville Flood Control District; Thence S. 82° 38' W., along said north Righ. t-of-Way line, 100 feet, more or less, to the eastern Right-of-Way line of said Interstate Highway #65; Thence southeastwardly, along said eastern Right -of Way line, 250 feet, more or less, to the north Right-of-Way line of said Riverside Drive; Thence westwardly along said north Right-of-Way line, 210 feet, more or less, to THE PLACE OF BEGINNING. TRACT V Being a part of The City of Jeffersonviile, Clark County, Indiana and being further described as follows: Beginning at the intersection of the south Right-of-Way line of West Riverside Drive (formerly First Street) and the western Right-of-Way line of Interstate highway #65; Thence eastwardly along said south Right-of-Way line, 210 feet, more or less, to the eastern Right-of-Way line of said Interstate Highway #65; Thence southeastwardly along said eastern Right-of-Way line, 270 feet, more or less, to the line dividing the State of Indiana and the Commonwealth of Kentucky; Thence westwardly along said dividing line, 210 feet, more or less, to said western Right-of-Way line of Interstate Highway ¢~5; Thence northwestwardly along said western Right-of-Way line, 274 feet, more or less to THE PLACE OF BEGINNING. " 3 - TRACT VI Being a part of Blocks 1, and 2, all of Block 3, all o'f vacated Indiana and Ohio Avenues between said blocks in the City of Jeffersonville, part of Survey #1 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at an iron pin on the northwest corner of Lot 12 in said Block #1; thence S. 80° 47' 10" E., along the southern Right-of-Way line of Riverside Drive, (formerly First Street) 240.00 feet to an iron pin on the western Right-of-Way line of Interstate 65; thence S. 4° 25' 50" W., along said Right-of-Way line, 126.10 feet to a drill hole; thence S. 21 ° 47' 11" E., along said Right-of-Way line, 147.65 feet to the line dividing the State of Indiana and the Cornrnonwealth of Kentucky; thence S. 89° 15' 18" W., along said dividing line, 258.66 feet to a point; thence N. 87° 14' 08" W., along said dividing line, 385.40 feet to a point; thence N. 80° 33' 43" W., along said dividing line, 144.02 feet to a point; thence N. 4° 25' 41" E., 369.63 feet to an iron pipe on the northwest corner of Lot 4 in said Block 3; thence S. 77° 03' E., along the southern Right-of-Way line of Riverside Drive, 149.13 feet to a railroad spike in the centerline of Indiana Avenue; thence S. 77° 12' 25" E., along said southern Right-of-Way in, 176.52 feet to a ddtl hole; thence S. 12° 24' 23" W., 69.38 feet to a drill hole; thence 77.76 feet along the arc of a curve, radius = 50 feet, (concave northeasterly) whose chord bears S. 32° 08' 42" E., 70.16 feet to an iron pin; thence S. 76° 41' 48" E., 68.41 feet to an iron pin on the western Right-of-Way line of vacated Ohio Avenue; thence N. 4° 25' 50" E., along said western Right-of-Way line, 120.94 feet to a drill hole on the northeast corner of Lot 1 in said Block 2; thence S. 79° 14' 54" E., along the southern Right-of-Way line of said Riverside Drive, 60.40 feet; to the PLACE OF BEGINNING. TRACT VII Being a part of Lots 1, 2, 3, and 4, in Block 2 in the City of Jeffersonville, Clark County, Indiana and being further described as follows: Beginning at a drill hole on the northeast corner of said Block 2, same being the southwest corner of Ohio Avenue (vacated in Deed Drawer 21, Instrument 12407) and Riverside Drive; thence S. 4° 25' 50" W., along the western Right-of-Way line of said vacated Ohio Avenue, 120.94 feet to an iron pin; thence N. 76° 41' 48" W., 68.41 feet to an iron pin; thence 77.76 feet along the arc of a curve to the right (concave northeasterly), having a radius of 50 feet, whose long chord bears N. 32° 08' 42" W., 70.16 feet to a drill hole; thence N. 12° 24' 23" E., 69.38 feet to a drill hole in the south Right-of-Way line of said Riverside Drive; thence S. 77° 12' 25" E., along said Right-of- Way Fine 100.84 feet to THE PLACE OF BEGINNING. TRACT Vlll Being all of Lots #9, #10, #11 and part of Lot 12 in Block #17 in the City of Jeffersonville, Clark County, Indiana and being further described as follows: Beginning at a drill hole on the northwest corner of Illinois Avenue and Market Street in "said city; thence N. 4° 30' 08" E., (basis of bearings) along the west Right-of-Way line of said Illinois Avenue, 225.2 feet to an iron pipe, THE TRUE PLACE OF BEGINNING. Thence N. 85° 22' 53" W., 111.10 feet to an iron pipe in the east Right-of-Way line, 150.12 feet to the northwest comer of said Lot #9; Thence N. 4° 30' 08" E., along said east Right-of-Way line, 150.12 feet to the northwest corner of said Lot #9; Thence S. 85° 29' 52" E., along the south Right-of-Way line of Third Street, 111.10 feet to the west Right-of-Way line of said Illinois Avenue; Thence S 4° 30' 08" W., along with west line, 150.35 feet to THE TRUE PLACE OF BEGINNING. Containing 0.383 acre, more or less, and being subject to all easements of records. TRACT IX Being a part of Block 8 in the City of Jeffersonville, Clark County, Indiana and being further described as follows: Beginning at a drill hole on the Northeast corner of said Block, same being the Southwest corner of Illinois Avenue and Market Street (Second St.); Thence Southwardly along the Western line of said Avenue, 90.7 feet to a railroad spike on the North line of a 12 foot wide alley; Thence Westwardly along said North line, 156.75 feet to an iron pin; Thence Northwardly, parallel to said Illinois Avenue, 90.7 feet to an iron pin in the South line of Market Street; Thence Eastwardly along said South line, 156.75 feet to the place of beginning. Containing 14,217 square feet, more or less, and being subject to all easements of record. : TRACT X Being a part of Bock No. 8 in the enlargement of the City of Jeffersonville, bounded thus: beginning at the southeast corner of said block; thence northwardly on the east line of said Block 136.8 feet to a 12 foot alley; thence westwardly along the south line of said alley 70 feet; thence southwardly and parallel with the east line of said Block to Front Street; thence eastwardly on Front Street to the place of beginning: Excepting that part of Block No. 8 bounded thus: Beginning at the northeast corner of Block 8 at intersection of the South right-of way line of Market Street and the west right-of-way line of Illinois Avenue; thence southwardly along the west right-of-way line of Illinois Avenue, 102.70 feet to the true place of beginning; thence westwardly along the south right-of- way line of a 12 foot alley 70 feet; thence southwardly 26 feet; thence eastwardly parallel to the aforesaid alley line 25 Ceet; Thence south 75 degrees 50 minutes 46 seconds East 45.62 feet to the west right-of-way line of Illinois Avenue; thence northwardly along said west right-of-way line 33.5 feet to the true place of beginning. Also, part of Lots 3, 4, 5, and 6, in Block 8, in the city of jeffersonville bounded thus: beginning at the northwest corner of Block 8 at the intersection of the south right-of-way line of Market Street and the east right-of-way line of Missouri Avenue; thence southwardly along the east right-of-way line of Missouri Avenue 102.70 feet; thence - east~vardly along the south right-of-way line of a 12 foot alley 86.75 feet; thence southwardly and parrellel to the east boundary line~ of said Lot 3, 39 feet to the true place of beginning; thence continuing southwardly and parallel to the east line of Lot 3, 64.5 feet to the north right-of-way line of Front Street; thence eastwardly along said street line 88.4 feet; thence northwardly parallel to the east boundary line of said northwardly Lot 6, 82.13 feet; thence north 85 degrees 18 minutes O0 seconds west, 88.75 feet to the true place of beginning, as shown on Plat No. 29 of the Jeffersonville Flood Control Distdct Plat Book. Also, subject to a perpetual subsurface easement a further strip of land adjoining the north boundary line of the tract above described, bounded thus: BEGINNING at the northwest corner of the above described tract; thence eastwardly along the north boundary line of said tract 88.75 feet to the northeast corner thereof; thence northwardly parallel to the east boundary line of Lot 6, 13 feet; thence westwardly parallel to the north boundary line of the above described tract 86.75 feet; thence southwardly parallel to the east boundary line of Lot 3, 13 feet to the place of beginning as shown on Plat No. 29 of the Jeffersonville Flood Control Plat Book. LOo~ OoO~O ool;.,, O0