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HomeMy WebLinkAbout2004-OR-19 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2004-OR-19 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY BEING PART OF LOTS 176, 177, 178 AND 179 IN THE CITY OF JEFFERSONVILLE FROM THE SPLIT ZONING OF MI: LIMITED MULTIFAMILY AND NC: NEIGHBORHOOD COMMERCIAL TO NC: NEIGHBORHOOD COMMERCIAL ENTIRELY. Whereas, Richard Foster 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 the split zoning of M1: Limited Multifamily and NC: Neighborhood Commercial to NC: Neighborhood Commercial entirely; and Whereas, on March 30, 2004 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 first regular meeting after certification of the proposed change of zoning map designation pursuant to the provisions ofI.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 April 5, 2004 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 Limited Multifamily " ---'t A' attached Exmm is hereby changed from the split zoning of Mi: and NC: Neighborhood Commercial to NC: Neighborhood Commercial entirely; 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 ~e~ day of April 2004. ATTEST: Cl~rk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ~6-o¥'_ day of April 2004. Cl~rk-Treasurer This Ordinance approved and signed ~ Robe/fL. Wa y of April 2004. Jr., Mayor cORPOBTE TX ~YN0.: DEED This indenture witnesseththat: Greater clark county Sch°°l corporation, a co.~u~unity school corporation, successor to jeffersonville township, jeffersonville School township and jeffersonville Community Schools of Clark County in the State of Indiana, Conveys and warrants to: Richard E. Foster of Clark county in the State of Indiana, for and in consideration One Dollar ($1.00) and other good and valuable consideration the receipt whereof is hereby acknowledged, the following Real Estate in clark County in the State of Indiana, to wit: Lot~ 176, 177, I?S, and 179 in the city of ~effersonville. Consisting of approximately 1.397 acres- Commonly k-nown as Rose .Hill Elementary School and having a street address of 301 W. Maple street, .Jeffersonville, Indiana. · ade expressly subject to all existing and This d~e~ 3:%--~ exceptions, reserwatlons, easem~ts',r~t~s recorded of-way, conditions, all municipal, city, county, and sta~e zoning::.~'-.u · expressly subject to .... ~ f:-~"-~ .... tal'authorlt=es appllcabletO ....... ~'~ Easement to' ?" -~' ~';i=~ Instrument No. ] ". : ' This deed is also made 'exPressly subject t~ grantpe'S ass~ption and payment of t~xes on the described proper~y [rom this day for~ard~ The grantor certifies that no Indiana GroSs Income Tax is due as a result of the transfer made by this conveyance. The undersigned person executing this deed ~n behalf of the Grantor certifies that he/she has been duly authorized and fully empowered by all necessary action of the Grantor, and has full power and authority to execute and deliver this deed. IN WIT1UESS WH~OF, Grantor has caused this deed to be executed this 4th day of Augus~ , 1995. C~REA'I'~R CLARK CO'UB~/~ SCHOOL CORPORATION Robert Fiel~ls, P ' the Board of School Trustees for the Greater Clark County School Corporation Resident of My Commission. .Clark STATE OF INDI~2~A) ) SS: COUNTY OF CI2~RK ) Before me, a Notar~ PLLblic in and for said County and State, personally appeared l%obert Fields, the President of the Board of School Trustees for the Greater Clark County Sch~l Corporation, who acknowledged exec~ution of the foregoing Deed on k~half of said Grantor, and who, having been duly sworn, stated that the representations herein contained are true. ~itness my hand and Notarial Seal this 4th day of · signature: Printed: Vickie R. Wh~t~e~'~." ' Notary Public ;' '" ' County. · '.~. June 16,'1997 SUS.I~CT TO FINAL ACCEPTANCE FO~ ~qANS~ ER BY:she~l~o~er~gec~etar~of the ~oard of School Trf~tees for~e Grea=er Clark CoUnty School corporation STATE OF INDIANA) ) SS: COI/NTY OF CLARK ) Before me, a NotAry Public in and for said CoUnty and State, personally appeared Shez~l Yoder, the Secretary of the Board of School Tln/stees fcr t_he Greater Clark County School Corl~Dration, who ack~nowledged execution cf the foregoing ·Deed on ~half of said Grantor, and who, having k~en duly sworn, stated that 'the representations herein contained are true. Witness my hand.and Notarial Seal this 4th day of Signature: Printed: Vickie R. Notary Public Resident of Cl~rk CoUnty. My Commission Expires: June 16, 1997 ', BOX' 98 ". ":':" Jeffersonville, IN 47131-0098 812/282-7736 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF RICHARD FOSTER TO REZONE A CERTAIN TRACT OF PROPERTY BEING PART OF LOTS 176, 177 178, AND 179 IN THE CITY OF JEFFERSONVILLE FROM THE SPLIT ZONING OF MI: LIMITED MULTIFAMILY AND NC: NEIGHBORHOOD COMMERICAL TO NC: NEIGHBORHOOD COMMERCIAL ENTIRELY. CERTIFICATION OF FAVORABLE RECOMMENDATION MADE CONCERNING PROPOSED ORDINANCE CHANGE Whereas, Richard Foster has filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit "A" (the "Property"), from the split zoning of MI: Limited Multifamily Residential and NC: Neighborhood Commercial to NC: Neighborhood Commercial entirely and; Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on March 30, 2004 and; Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its membership to make a favorable recommendation concerning the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on March 30, 2004, the Jeffersonville Plan Commission made a favorable recommendation concerning the Jeffersonville Common Council enactment by ordinance of the proposed zoning designation change of the property from the split zoning of MI: Limited Multifamily Residential and NC: Neighborhood Commercial to NC: Neighborhood Commercial entirely as requested in the petition Richard Foster. So certified this 30th day of March 2004. · .: . ., 11634 · MAIL TA~ BILL TO: coRPOi~-~TE T~ ~YNO.: DEED This indenture witnesseth ti~at: co%%; k on% co nity e t c tschoOl corp and jeffersonville jef fersonville School township Community schools of clark county in the State of Indiana, Conveys and warrants to: Richard E. Foster of clark County in the state of Indiana, for and in consideration One Dollar ($1.00) and other good and valuable consideration ereof is hereby acknowledged, the following Real the receipt wh · ~ eeate of Indiana, to wit: Estate in Clark County in ~ Lot~ 176, 177, 178, a/~d 179 in the city of ~effersonville- Consisting of approximately 1.397 acres- commonly knoWn as Rose ·Hill Elementary Sohool and having a street address, of 301 W. Maple street,.Jeffersonville, Indiana. This deed is made expresSlY subject to all existing and recorded restrictions, exceptions, reservations, easementS, rights- of-way, conditions, and covenants of whatever nature, if any and is i al city, county,.and state zoning ..... ~4-~t to all mUnlc p ' exp ¥ ' s 'r lat~ons, ..... .-other.~..,.:..:'~:.._ ~.~ ~ndother ordinance ,- _egu . .__~ ..-clt~-':.county. or. .~..~.~., statutes ,. · xcable to and t to..~"... ,.,,.-. .---,~al'authorltles appl - .Maintain Encroachment whzch is instrument No. ~}8~' .. This deed is also made ass~ption and pa~rment of taxes on the described P P day forward~ The grantor certifies that no Indiana GroSS Income TaX is due as a result of the transfer made by this conveyance- The undersigned person executing this deed Dn behalf of the Grantor certifies that he/she has been duly authorized and fully empowered by all necessary action of the Grantor, and has full power and authority to execute and deliver this deed. IN WITNESS WB~EOF, Grantor has caused this deed to be 4th Auo=us~ , 1995. executed this day of C~qEA'I'~ (ILAt~K CO'U~ S&I~OOL COt~PO~ATION Robert Fie , the Boa~u of School Trustees for the Greater Clark County School Corporation Resident of My Commission STATE OF INDIANA) ) ss: COUNTY OF CLARK ) Before 'me, a Notary Public in and for said County and State, personally appeared Robert Fields, the President of the Board of School Trustees for the Greater Clark county School Corporation, who acknowledged execution of the foregoing Deed onbehalf of said Grantor, and who, having been duly sworn, stated that the representations herein contained are true. ~itness my hand and Notarial Seal this 4th . day of signature: , Printed: Vickie R. Wh~t~e~'?. Notary Public .. .Cl~rk county. ~ ~ , June 16,1997 FINAL ACCEPTANCE GREATER CLARK COU~"~Y SCHOOL i CORPORATION BY: shery~o~er~Secretar~.~of _the .Board of School Tru-~tees for ~ae Grea=er Clark county School Corporation STATE oF INDIANA) ) SS: COUNTY OF CLARK ) Eefore me, a Notary Public in and for said County and State, personally appeared Sheryl Yoder, the Secretary of the Board of School Trustees for ~_he Greater Clark County School Corporation, who acknowledged execution of the foregoing Deed on behalf of said Grantor, and who, having been duly sworn, stated that 'the representations herein contained are true. Witness my hand and Notarial Seal this 4th day of Signature: Printed: Vickie R. Whi~tea Notary Public My Commission Expires: June 16, 1997 .. '~', ,;:..,..~ '-'~": '... 0% Box 98 Jeffersonville, IN 47131-0098 812/282-7736 NOTICE OF INTENT TO CONSIDER PROPOSED CIIAN_GE OF ZONING MAP Notice is hereby given that on April 5, 2004 at 7:30 o'clock p.m. in the Multi- Purpose Hearing 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 the split zoning of MI: Limited Multifamily Residential and NC: Neighborhood Commercial to NC: Neighborhood Commercial entirely. DESCRIPTION OF PROPERTY LOCATED IN. - TIlE CITY OF JEFFERSONVILLE PROPERTY ADDRESS: Lots 176, 177, 178, and 179 commonly known as Rose Hill Elementary School and having a street address of 301 W. Maple Street, jeffersonville, Indiana. 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 March 30, 2004. 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 ~ ~r. day of March 2004. Peggy Wilder jeffersonville Clerk-Treasurer