HomeMy WebLinkAbout2004-OR-492004-OR-49
AN ORDINANCE CHANGING THE MAP DESIGNATION OF A
CERTAIN TRACT 1564 E. TENTH STREET IN
THE iC2: MEDIUM TO LARGE SCALE
GENERAL COMMERCIAL TO CI: S~IA~L TO MEDIUM sCALE GENERAL
COMMERCIAL
Whereas, David J. Reinhardt has filed:a petition before the Jeffersonville Plan
Commission to change the zoning map d~signa~tion of the real property described in the
attached "Exhibit A" from C2: Medmm to Large Scale General Commercml to C1 Small
to Medium Scale General Commercial; and, ' '
· ~l '1 ~'I C m~ss~on has cemfied to
Whereas, on July 27, 2004 the Jeffers~nville t' an om ' ' '
the Council a favorable recommendation ~onc~rning the ProPosed change to the City's
zoning map; and,
let !c°m On' Council at its regular meeting
Whereas, this matter ~s now befo h m
after certification of the proposed change ?f zq?ng map designation pursuant to the
provisions of I.C. 36-7-4-608(I3(1); and,
Whereas, this Common Council has timely posted notice of its intent to consider
the proposed change of zoning map desighatiob at the regular meeting scheduled for
August 16, 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 regkrding this matter as required by law.
NOW, THEREFORE, BE IT ORD~NED by the Common Council of the City
of Jeffers,,o, nville, In,diana, that the zoningidesi~nati0n of the real property described in the
attached Exhibit A is hereby changed from ~2: Medium to Large Scale General
Commercial to CI: Small to Medium Scale G~neral Commermal; 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 forge anal effect upon its adoPtiOn.
SO ORDAINED this ~k4~ clay OI'August 2004.
Robert L. ~ Jr.
Presiding Officer
ATTEST:
~ggy WSl~v~
Clerk-Treasurer
Presented by me as Clerk-Treasurer to' ~e Mayor of said City of Jeffersonville
this [-~ day of August 2004. ~
e~ggy-XX~ild~~)
C~erk-Treasurer /~
This Ordinance approved and signed bi me !~ ~,~. ~Just 2004.
l~obert ~. Waiz,/Jr., Mayor
QUIT CLAI~ D~ED
THIS INDENTURE WITNESSETH, That ~ALPH RUSS,
DUL~ ENTERED FOR TAXATION
,~gBJECl TO FINAL ACCEPTANCE
; (lg ;'?ANSFER
' FEB lggg
of Clark County,
in the State of Indiana, the so~e surviving partner of a
Partnership consisting of ~LPH ~;U d HARVEY RUSS, RELEASES and
QUIT CLAIMS to RALPH RUSS, whos~l ma ing address is 1562 E~ 10th
Street, Jeffersonville, Indiana 47130, for and in consideration of
the sum of One Dollar ($1.00) an~ other good and Valuable
· ' ' , t hereby acknowledged, all of
considerations the receipt whereof
estate in the
his interest in and to the following..described real
county o£ Clark, in the State cf I~nd.[ na, to-wit:
.... : REOE VED '
t FOR REOORDi
Lot Number Th~e,e (3) in t~e Southern
Realty and BuildLng Con,pany'~ 8ubdivisLon of Lot
No. 2 of Commissioner'[: Plat.~ No, 2 in Partition
cause of Evan Stotmen)u~, ': et al.,
Stotsenburg, and being part~ of Lot No.
.yon's map of ~eH, petter~o6~s estate and being
in No. 18 of Illinois drant~ Clark County,
Indiana, a plat of ~aid Subd~ivtmton was recorded
In the Office of ~he Reeord'%r of Cla~k County,
Indiana, I Pla~ Book No. 4,; page 108~ except 4
feet off the north Bide o{ ,a~lid lot,
Gran%ee agrees to assume the~balance d~Je
mor~gaQe ~o the ~lrst ~eder~] Saving~ and Loan
A~ociatlon ef JeffersonvLlle, which mortgage
recorded In Mortgage Record ~ 235 at page 368 in
the Office of the Recorder of C 1,%rk County~
Indiana.
TRACT I
Being a part of Survey No. 10 of
Grsnt described as
Beginning st the east cor~er of SUrvey No,
running thence north 40 deg, west along the
of said Survey 34.2 fe~' ~o the
- east mar~ln of
the rlght-of-wa~ line of Indiana St~ Nighw~y
NO, 62~
thence south 7 ~ ' ~,
of 48,7 :eetl thence nO,th 50 deg, east a
the line of ' lohg
said Surve~ 34;,81 f~et to ~he
place o~ beginning,
Such real estate: l~ sometimes described
fol lows:
the Illinois
Part of Survey Nc,. 2 of 'he Illinois Grant in
Clark County,.- Indiana, d ~strlbed as follows,
to-witi
Beginning at the southeast corner of said Survey
No. 2; running thence north 40 deg~ west 'with
the line dividing Surveys N,os, 2 and 3, 374
to a. point in s'aid dividi6~ lin-. ~L ..... t
beg~n~z~gl thence continuing south 50 ~eg,
34.81 feet to the east Fight-of-way line
State
Highway 621 thence n,orth 7 deg. 10'
with said right-of-way l[n~ 48,37 fee¢l
south 40 deg. east 32.13 f~et to the tr~e Place
of b~g ln~lng.
z
Part of Suruey ~10 of the~ Illinois Grant, more
Particular.ly described as f611ow~;
Seglnnlng at a limestone onument
corner of, 4s a~ " . the
west, 23 ?r~t.;. thence? .n.orth 35 deg, 57'
......... , soUt~ 11 Ge 1 ~ ROad
g. 37 west on tbs Said
e,~st line ]04,5 feet; then%e south 35 deg. 04~
east, 162.6 feet to the sou~tb line of said Gra~t
~10, thence no~th 55 dec. ~1' east 79 7 feet
the point of beginning, c~
ntaining 0.36
more or less.
Part of Survey No. 2 of the Illinois Grant~ more
particularly described as follows:
Beginning at a limestone monumen~ at the north
corner of said Grant No. 2; thenc~ south 35 deg.
57' east 370.5 feet al3ng the Girant line to a
stone; thence south 54 deg. 07~ w~est 190.7 feet;
thence north 50 deg. 26' west 3104.0 feet to a
limestone monument; thence north 78 deg. 23'
west 50.0 feet to a limestone ~onument on the
east R/W line of State Road 162; thence north 11
deg. 37' east along the east R/W line and 40
feet from the center line of said State Road
#62, 68.6 feet to the northwest Gr~nt line of
said Grant No. 2; thence north 5'5 deg. 41' eas~
249.9 feet to the point of beginning, containing
2.06 acres. ·
Also the right to use a 20 roost strip for a
roadway on the south side of this 2.06 acre
tract, which is more particularly described as
follows.
Beginning at the limestone monument on the east
R/W line of State Road ~62 whic~ is mentioned
above; thence south 78 deg. 23' east 50.0 feet
to a limestone monument; thence ~south 50 deg.
26' east 42.7 feet; thence north 78 deg. 23~
west 87.7 feet to the east R/W line of 8tare
Road #6~; thence north 11 deg. 37' east 20.0
feet to the point of beginning, containing .03
acr~ more or less, with the improvements
theceon. '
Part of Su~¢ey ~10 of the Illinois Grant more
particularly described as follows~
Conm~encing at a limestone monument at the south
corner of said Grant #10~ thence~ north 55 deg.
4[' east along the Grant line, 172.2 feet to the
true point of beginning; thence ~north 35 deg.
04' west 26.0 feet to {h, ,asr right Of way line
of ~tate Road 162; thence north
249.9 feet to
, 2.06 acres,
the point of be~ihning,' containing
A'lso tbs right to uss a 20 'foot strip for s
roadway on the south side of this 2.06 acre
tract, which is more particularly described as
follows~
Beginning at the limestone monH
R/W line of State ~ent on the east
Road ~62 w~lch is mentioned
above; thence south 78 deg. 23' ease 50.0 feet
to a limestone monument; thence south 50 deg.
26~ east 42.7 face! thence north 78 deg, 23~
west 87,7 feet to the east R/W line o~ State
Road 162; thenc~ north ll de~. 37' east 20.0
feet to the point of beginnin'g, containing ,03
ac.r~ more or less, with the improvements
thereon. '
Part of Sutcey #10 of the Illinois Grant more
Particularly described as follows;
Conm~encing at a limestone monu~eht at the so,th
corner of said Grant #10; thegce north 55 deg.
41' east along the Gra~t line, 172.2 feet to the
true po,int of beginning; thenc9 north 35 deg,
04' west 26.0 feet to ~he eas~ right Of way line
of ~tate Road J621 thence north ll deg. 37' east
along said east right of way line and 40 feet
from the center line of said State Road #62,
-3-
-196.5 feet; thence south 35'".~e~"b4' east,""162,6.1
feet to the grant line (at a point which 'is'
south 55 dca. 41' wes%, 79.7 fee% from a
[lmestone monument at th~ north corner of Q~ant
#2); thence south 55 deq. 41' west, 143.0 feet
to the point of beginni~g, containing 0.31 acre
Tho Grantor herein states ~hat Harvey Russ died on December
29th, 1992, and the Estate of Harvey Russ is now pending in the
Clark Circuit Court under Cause Number 10C01-9301-EU-009.
IN WITNESS WHEREOF, the said Ralph Russ, the sole surviving
partner of a partnership consisting of Ralph RUSS and Harvey Russ,
has hereunto set his hand ~nd seal this /
RALPH RUSS
day of
STATE OF INDIANA )
) SS:
COUNTY OF CLARK ~.
Before the undersigned
and State, this ~ ~'~ day
appeare6 Ralph Russ, the sole
consisting of Ralph Russ and
- 9xecution
Notary Public in and for said county
surviving partner of a partnership
}{arvey Russ, and acknowledged the
of the foregoing Quit~Claim Deed.
WITNESS my hand and notarial seal.
~' ~ ;,~,,O; Notary Public
A ~",e'~ident of Clark County, Indiana
My Commission Expires:
THiS INSTRUMENT PREPARED BY
MAGNUS HEUBI
Aug-09-04 1~:]9 Fr0m-C1TYOFJeffers0nville
T-B~3 PO~/03 F-~?~
STATE ~FINDIANA
BEFORE THEJEFFERSO~VILLE PLAN COMMISSION
IN RE THE APPLICATION OF
DAVID J. REINHARDT TO REZONE
A CERTAIN TRACT OF PROPERTY
KNOWN AS 1564 E. TENETH STREET
IN THE CITY OF JEFFERSONVILLE
FROM M2: MULTIFAMILY RESIDENTIAL~.
TO PD-M2: PLANNED DEVELOPMENT-
MULTIFAMILY RESIDENTIAL
CERTIFICATION OF FAVORABLE,,,.R. ECOMMENDATION M.ADE
CONCERNING PROPOSED,' ORDINANCE CHANGE
Whereas, David J. Reinhardt has fil~d a petition before the Jeffersonville
Plan Commission to change the zomng de,s~gnabon of the property desc ~bed ~n
attached Exhibit "A" (the "Property"), from ~2: Medium to Large Scale General
Commercia to C1 Sma to Medium ScaleiGeneral Commercial, and;
Whereas, after proper notice by pu~lication, the Jeffersonville Plan
Commission held a public hearing on the i~etition on July 27, 2004 and;
Whereas, at the conclusion of the h~aring the Jeffersonvilte Plan
Commission voted by a majority vote of itS~t'membership to make a favorable
recommendation concerning the proposed! change of zoning designation of the
Property to the Jeffersonville Common CoUncil.
IT I$ THEREFORE CERTIFIED thaI on July 27, 2004, the Jeffersonville
Plan Commission made a favorable recommendation concerning the
Jeffersonville COmmon Council enactmen~ by ordinance of the proposed zoning
designation change of the property from C~: Medium to Large Scale General
Commercial to C1: Small to Medium Scale~ General Commercial as requested in
the petition Realty Equities, LLC.
So certified this 27~h day of July 200'4,
/
Hal KO. rt
RUG 09 2B04 16:30
+8~.22855468
PRGE. 03
DUL~ ENTERED FOR TAXATtON
SUBJECT TO FINAL ACCEPTANCE
~ (1R [PANSFER
FEB 2 1993
QUIT CLAII~ DEED ~ '
THIS INDENTURE WITNESSETH, That RALPH RUSS, of Clark County,
in the State of Indiana, the sole surviving partner of a
Partnership consisting of ~LPH ~;USS Bnd HARVEY RUSS, RELEASES and
QUIT CLAIMS to RALPH RUSS, whos~ mailing address is 1562 E0 10th
Street, Jeffersonville, Indiana 47130, for and in consideration of
the sum of One Dollar ($1.00) a~d other good and Valuable
consideratiohs, the receipt whereof i~s hereby acknowledged, all of
his interest in and to the followingidescribed real estate in the
County of Clark, in the State of Indiana, to-wit:
REOEIVED]
FOR REOORDI
TRACT I
Lot Number Three (3) in ~he Southern
Realty and Building Company's Subdivision
NO. 2 of Commissioner'~ Plat No. 2 in Partition
cause o~ Evan StotsenQurg,! et al,~ rs. Alice
Stotsenburg, and being par~ o~ Lot No. 16 of
Lyon's map of S, H. Patterson's estate and being
in No, 18 of the Illinois iGra~t, Clark County,
Indiana, a plat of said Sub~ivision was recorded
in the Off[ce of the R,~cor~er of Clark County,
Indiana, in Plat Book No. ~, page 108t except 4
feet off the north side of slaid lot.
Grantee agrees to
mortgage to
A~sociation
recorded in Mortgage
the Office of the Recorder of
Indiana. ~
assume th9 balance due under a
the First Federal savlng~ and Loan
of Jeffersonv!.l~e, which mortgage is
Record 235 at page 368 in
C l~rk County,
Being a part o~ Survey NO.
Grant desorl0ed as
10 of the IllinoiS'
Beginning at the east corner of Survey No. 10;
running thence north 40 d~g. west along the line
of said Survey 34.2 feet to the east margin of
the right-of-way line of .Indiana State Highway
No. 62; thence south 7 deg. 10' west along the
line of Indiana State Highway No. 62 a dista~oe.
of 48.7 feet; thenc~ no~h 50 deg, east aloh~
the line of said Survey ~4.81 f~et to %h~ true
plaoe of be~lnning.
Such real esta%.:~ l~ sometimes desoribed es
follows~ ..
Part of Survey Nc,, 2 of the Illinois Grant in
Clark County,--- Indiana, ~escribed as follows,
to-wlt~
Beginning at the southeast corner of said Survey
No. 2; running thence north 40 deg. west with
the line dividing Surveys Nos. 2 and 3, 374 feet
to a point in said dividing line; thenoe South
50 deg. wes~ 215.62 feet to the true plaoe of
beginning; themce continuing south 50 ~eg, WeSt
34.81 feet to the east right-of-way line of
State Highway 62; thence north 7 deg, i0' east
with said right-of-way line 48,37 feet;
so~th 40 deg. east 32.13 'feet to the true
of beginning.
Part of Survey #10 of thee Illinois Grant,
particularly described as [follows;
Beginning at a limestone monument at the east
corner of sai~ Grant; thence north 35 deg. 57'
west, 235.4 feet to the east line of State Road
~62; thence, sou~h ll deg. 37' west on the said
east line 10~.5 fee~; thence south 35 deg. 04'
east, 162.6 fegt to the south line of said Grant
~10, thence north 55 deq.~ 41' east 79.7 feet to
the point of begin~;lng, Containing 0.36 acres,
morm or less.
-2-
Also
Part of Survey No. 2 of the Illinois Grant, more
particularly described as followsl
Beginning at a limestone monument at the north
corner of said Grant No. 2; thence south 35 deg.
57' east 370.5 feet along the Grant line to a
stone; thence south 54 deg. 07' west 190.7 lest;
thence north 50 deg. 26' west 304.0 feet to a
limestone monumentl thence north 78 deg. 23'
west 50.0 feet to a limestone monument on the
east R/W line of Stats Road 162; thence north 11
deg. 37' east along the east R/W line and 40
feet from the center line of 'said State Road
#62, 68.6 feet to the northwest Gr6nt line of
said Grant No, 2; thence north 55 deg~ 41' eas~
249.9 feet to the point of beginlning, containin9
2.06 acres.
Also the right to use a 20 foQt strip for a
roadway on the south side of this 2.06 acre
tract, %;hich is more particulariy described as
follows:
Beginning st the limestone monument on the east
R/w line of State Road ~62 which is mentioned
above; thence south 78 deg. 23~ east 50,0 'feet
to a limestone monumentt thence~ south 50 deg,
26' east 42.7 feet; thence norlth 78 deg, 23'
west 87,7 feet to the east R/W line of State
Road ~62; thence north ll deg. 37' east 20.0
feet to the point of beginning,! containing ,03
acre more or le~s, with t~e improvemsnts
there.on. '
Part of Survey ~10 of the Illi'nois Grant more
particularly described as followsil
Commencing at s limestone monum*'nt at the south
"corner of said Grant #10~ thenc~ north 55 deg.
4l' east along the Grant line, 172.2 feet to the
true point of beginning~ thenc~ north 35 deg.
04' west 26,0 feet to ~h. east right of way line
of ~ate Road ~62; thence north 11
249.9 feet
-2.06 acres.
.... ~.,,~ce nor¢~n 55 de~3t 41' eas~_
to the point of be~inning' oontainin9
A'lso the right to use a 20 'foot strip for a
roadway on the south
side of this 2.06 aore
tract, which is more particularly described as
followsl
Beginning at the limestone monument on the east
R/W line of State Road ~62 wlhich is mentioned
above; thence south 78 deg. 2'3' east 50.0 feet
to a limestone monument; thence south 50 deg.
26' east 42.7 feet; thence north 78 deg. 23'
west 87,7 feet to the east R/W line o~ Stste
Road ~62; thence north ll deg. 37' east 20.0
feet to the point of beginni0g, containing .03
acre more or less, with the improvements
thereon.
_Also
Part of Suz,ey #i0 of the Illinois Gran~ more
Particularly described as follows~
Commencing at a limestone mon~men~ at the south
" corner of said Grant #10; thence north 55 deg.
4[' east along the Grant line, 172.2 feet to the
true point of beginning; thence north 35 doG,
04' west 26.0 feet to ~h, e~st right Of way line
of ~tate Road ~62; thence north 1] deg. 37' east
along said east right o£ way ~line and 40 feet
from the center line of said State Road #62,
-3-
-196.5 feet; thence southI 35"'de~'~b4'.
feet to tbs grant line (at a point whi~h''is'
south 55 deo, 41' west, 79,7 fe~t from a
lime~tone monument at the north corner of Grant
~2); thence south 55 deq, 41' wes%, · 143.0 feet
to the point of beginning, containing 0,31
Thn Grantor herein states that Harvey Russ died on December
29th, 1992, and the Estate of ~arvey Russ is now pending in the
Clark Circuit Court under Cause[ Number 10C01-9301-EU-009.
IN WITNESS WHEREOF, the said Ralph Russ, the sole surviving
partner of a partnership consisting of Ralph Russ and Harvey Russ,
has hereunto set his hand ~and seal this ~ day of
RALPH RUSS
STATE OF INDIANA )
) SS:
COUNTY OF CLARK ~.
Before the
and State, this
appeared Ralph Russ, the sole
consisting of Ralph Russ and
undersigned Notary Public in and for said county
surviving partner of a partnership
}{arvey Russ, and acknowledged the
..gxecution of the foregoing Quit Claim Deed.
WITNESS my hand
and notarial seal.
;~',,'~,n~Q¥ 1'~; 1'~0; Notary Public
A ~.'.esident of Clark County, Indiana
My Commission
Expires:
THIS iNSTRUMENT PREPARED BY
~I.A_GNUS HEUBI
NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP
Notice is hereby given that on August ~6, 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 CommoniCouncil 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 Scale
General Commercial to C 1: Small to Mediun}., Scale General Commercial.
DESCRIPTION OF PROPERTY LOCATED IN
THE CITY!OF JEFFERSONVILLE
pROp~gRTy ADDRI=$$: ~1554 E. ~0t" $treot.
The Jeffersonville Plan Commission/nade a favorable recommendation
concerning the adoption of an ordinance enacting this proposed change of zoning map
designation after notice and hearing on JulY 27, 2004. All interested persons are invited
to attend and be heard regarding this matter, iThis Jeffersonville Common Council
meeting may be continued from time to time? found necessary. The Jeffersonville
Common Council may take official action at'ithe conclUsion of debate at this meeting.
Such notice given and posted this ](~f day of August 2004.
i peggy Wilder
~ Jeffersonville Clerk-Treasurer