HomeMy WebLinkAbout2005-OR-75 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2005-OR- 75
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A
CERTAIN TRACT OF PROPERTY DESCRIBED AS BEING PART OF
' SELLERS
PROPERTY DESCRIBED AS LOTS ONE, THREE, AND FIVE OF
COURT SUBDIVISION AS THE SAME APPEARS OF RECORD IN PLAT
BOOK 6, PAGE 57 BEING LOCATED AT 2811 AND 2813 SELLERS COURT.
Whereas, Bobbie Bushau and Virginia Bushau, have filed a petition before the
Jeffersonville Plan Commission to change the zoning map designation of the real
property described in the attached Exhibits "A, "B" and "C" from RI: Low Density
Residential to CI: Small to Medium Scale General Commercial; and
Whereas, on November 29, 2005 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 of I.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
December 5, 2005 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 Exhibits "A' and "B" is hereby changed from R1: Low Density Residential to
C 1: Small to Medium Scale General Commercial; 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 ~4Bq day of December 2005.
co MM o~c o~
THE CITY Oy JEFF~ LE,
By: / .././ .... / 7
Ro~L. Waii, Jr.
Presiding Officer
ATTEST:
Peg~ ~
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this (O dayofDecember 2005.
Peggy
Clerk-Treasurer
This Ordinance approved and mgned by me t
Robert Ik.2ffaiz, Jr.
ember 2005.
Aayor
NAME OF NEW OWNER(S) & ADDRESS:
CFIAPd~E$ F. BUSHAU and
BOBBLE W. BUSHAU
202 N. Walford Drive
Jefferannville, IN 47130
Shirley Iblo~
CUIRK C~JNTY
Z 2~e332~17 Page I of 2
Cl DaLe 29/2~/~3
~ UITCL,17I~f DEED
THiS INDENTURE WITN~$$ETH, That CHARLES F. BUSHAU and
BOBBLE W. BUSHA U (spouse, who joins solely for the purpose of conveying her
marital i. terest, if.ny), of Clark County, Indiana, for and in consideration of thc sum of
One ($1 ~00) and other good and valuable consideration, thc receipt of which is hereby
acknowledged, hereby convey and quitclaim to CHARLES F. BUSHAU's Filly Percent
(50%) to themselves during their joint lives and the life of the survivor a life estate in the
following described real estate with the remainder to CHARLES F. BUSHA U and
BOBBlE W. B USHA U, Trustees, or their successom in trust under the CHARLES F'
BUSHAU and BOBBIE W. BUSHAU REVOCABLE Lll/ING TRUST dated the 29th
day of November, 1995, and any amendments thereto, all ofthek interest in and to the
real estate described as follows, which real estate is located in the County of Clark, State
of Indiana, and is commonly known ~z 281 lf2g13 Seller~ Court, Jeffersonville. Indiana,
to-wit: ~
ng Lots No. One (1), Thx-ce (3), and Five (5) of Sellers
Subdivision as the same appears of record in the
t Book 6, Page 57, in the office of the Recorder of
k County, Indiana.
ng the same undivided one-half interest conveyed to
aries F. Buahau by Deed dated May 17, 1974, of
etd in Deed Drawer 6, Inst. No. 4030, in the Office
e recorder aforesaid.
The above entitled real estate is the same real estate heretofore conveyed by
Charles H. Bushau and Bertha A. Beshau to Charles F. Bnshau and $ohn P. Bushau, as
tenants in enmmoo on the 17th day of May, 1974, pursuant to a Warranty Deed recorded
in Deed Drawer 6, Inst. No. 4030 of the office of the Recorder of Clark County, lnd{ans.
The above-described real estate is made subject to any and all easements,
restrictions and taxes of record.
IN WITNESS WHEREOF the Grantors have hereunto set their hands and seals
this [-~' day ef ~f' ., 2003. ..
CHAP, LES F. BUSHAU
..' RECORDING RRQUESTED BY ' )
· GERSH LAW OFFICES, P.S.C. )
WHEN RECORDED MAIL TO: ) *
~OHN P. BUSHAU )
VIR. GINIA M. BUSHAU )
8818 HWY 403 )
CHARLESTOWN, IN 47111 )
RECEIVED
FOR RECORD
· I~$TR
Fog =co o,R.s USE
Quitclaim Deed
2811/2813 Sellers Court
For no consideration, JOHN P. BUSHAU AND VIRGINIA M. BUSHAU (SPOUSE-Who joins solely
. for the purpose of conveying her marital int~. est, if mY) 8818 HWY 403, CHARLESTOWN, ilq 4711 I,
Parties of Jhe First Part, as to the husband's fifty percent interest do hereby Remise, Release and Convey
· ' ' ' ' t the life o_f thee survivor a life estate in the following property
to themselves during their ]om lives and
with.thc remainder to JOFIN P. BUSHAU and VIRGINIA IvL BUSHAU, Trustees, or their successors in trust,
· dated . Il II R fl 1ClOg ad any amendments thereto, tames ol me u~con~, ~
· · ":'- .- ; ~,"'"'"" :----'--~ ---f --,,,,,'nv in the CounW of Clark, State oz mmana:
B~in8 LotsNos One (1), Three (3), and Five (5), of S~lle~ Court Subdivision ss th~ same apple's of r~:ord
in ihe Plat Bo~k 6, Page 57, in the office of the recorder of Clark County, indiana.
Being th~ same undivided one-halfinter~st convcycd to JOHN P. BUSHAU by de~d dated May 17, 1974, of record
in Deed Drawer 6, Instr. No. 4030, in thc Office of the recorder aforesaid.
Subject to all existing mortgages, liens and encumbrances, to any existing restrictions, stipulations and
easements of record affecting the above described property and to all state and county taxes due and'
payable and subsequent taxes, all of which the Parties of the Second Part assume and ai~ee to pay.
DULY ENq'ERED FOR TAx,qrioR
SUB~EC-f'fO RN~L ACCEPTANCE
~OR TRANSFER
AUG 0 5 1996
IN TESTIMONY WHEREOF, wimess the sigll~'ures of the Parties of the First Part and the Parties of
S o,d on JUL 3
P. BUSHAU - Z~/IKGINIA M.'BUSHAU
/~(rlKGINIA M. BUSHAU
"GRANTEES"
STATE OF KENTUCKY
) REVOCABLE TRUST TRANSFER
SS , EXEMPT FROM REAPPRAISAL
COUNTY OF ~I~FERSON )
Subscribed, sworn to and acknowledged before me on ~ by JOHN P. BUSHAU
.a~d. VIRGINIA M. BUSHAU, Grantors, and zoI-~ P. BUSHAU and VIRGINIA M. BUSHAU,
their successors in trust, Ih-lder the VIKGINIA' M. BUSHAU LIVINO TRUST dated
and auy amendments thereto, as Grantees.
Witness my hand and official seal.
Notary~e at Large
THIS INSTRUMENT pREPARED BY:
~EKSH ~AW OFFICES, P.S.C.
Rosalyn A. Carothers
821 Mt. Tabor Road, Suite 304
New Albany, IN 47150
(St2) 94%5500
, '...*~-.,. ~1,~ ,
: , "'(., '.'~ NOTARY:
i. x ;- .LI. fl,NDA K. COOPER
· '.y.: :7.'.;:Cf ~ ~ -,,.... ~C~'~,~MiSSION EXPIRES:
,0-1; -¢¢
;. . /,,.;'.'~-
'.'
MAIL FUTURE TAX STATEMENT TO:
JOHN P. BUSHAU and VIRGINIA M. BUSHAU
8818 HWY 403
CHARLESTOWN, IN 47! l !
THIS INDENTb~RE ~IT~ESSETH, That ELZA M. GOFF and EDITH GOFF,
his wife, of the County of Clark and State of Indiana, for and
in consideration ~f the sum of One' Do!~?.~ (~$1.~00) and
,:.'-~'; ' ~ ,~--'~¢~ns the receipt whereof
and valuable cons-~u~:-*~u-~,~ ,
nowledged, do hereby sell, transfer, assign, set over, and deliver
to CP~R~S H. BUSHAU a~ BERTHA A. ~S~U, his wife, of the County
of Clark and State bf I~iana, ~hs following decribed perso~l
property, to-wit:
1 8' Hussman Refrigerator (~at Box)
! 10 foot Hussman Vegetable counter
48 feet of Side~wall Shelving
32 ~eet of Center aisle Shelving
1 - 6' x 6' U-shaped check out counter
1 - National Cash Register
~ Pair pf Scales
1 Dry Vegetable ~ack .
2 -sSmall Show cases
~ I Stool
I - Hamburger ~achine
I - Slicing ~chine (Electric)
2 - ,,~eat Blocks (30" x 30")
I - Cleaver
I - Sharpening steel
2 - Knives
2 Lard Ladles
I - ~Ieat Saw
2 - Tables
2 - Roll Paper Racks
! - Tape !~achine
I - Large 0il Weater
i - Coal Heater
I New Burroughs Adding ~achine
I 5 foot ~oll top desk
6 - Service carts
together with all the stock of merchandise located in and forming a
part of what is known as "Golf's Grocery" and located on Lot No. One
(1) of sellers Court Subdivis:ion, Highway No. 62, jeffersonville
Township, Clark County, Indiana.
To have and to hold ti~e same unto the said Charles H. ~ushau
and Bertha A. Bushau, his wife, their heirs and assigns forever.
The said Elz~ ~. r~ff and Edith Golf, his wife, wmrrant and
agree to defend the title to all such property herein sold ~or the
benefit of the purchasers, their heirs and assigns, against all
IN ~ITI~SS ,~HEREOF,
his wife, have hereunto
of May, t953.
the said Elza !~J. Goff and Edith Goff,
set their hands and seals this 14th day
State of Indiana')
county of Clark
~eFore me,
the County and State aforesaid, on this 14th day of ~ay, 1953,
~ f his wife, and
personally appeared Elza ;~' Goff and Ldith ~jof , -.
acknowledged the execution o~' the annexed Bill o~?-5 sale.
SS:
the u~dersigned, a Notary pu~tic, within and for
~y commission eXPires:
February lO, 1954 ·
State ~f Indiana)
(
~ou-~t~ of Clark )
ElZa ~. Golf and Edith Golf, husband and wife, of the County
of Clark aud state of Indiana, both being duly sworn, upon oath
say: That they are the ~o~e owners of the property described iu
the annexed bill of sale, and have the full right to sell and
transfer said property-
That all of the property described in the foregoing Bill of
sale is £ree and clear of all cla~s and encumbrauoes, and that
the affiants are indebted to no person, fi~m or oorporattOn for
any of the articles mentioned in said Bill of Sale, or'for any of
the merohandise as described in said Bill. of ~ale~ That this
the p~rR0Se of protecting the said
affidavit is bei~ made for . '
~urchasers under said bill of sale £rom the provisions of the
Bulk Sales Law of the state of
!nd tana.
Subscribed and sworn to before me th~s l~n
~.:y con~nission expires Homer
_ ' v 1954
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
BOBBIE AND VIRGINIA BUSHAU
TO REZONE A CERTAIN TRACT
OF PROPERTY BEING DESCRIBED
AS LOTS ONE, THREE AND FIVE OF
SELLERS COURT SUBDIVISION AS
THE SAME APPEARS OF RECORD IN
PLAT BOOK 6, PAGE 57 BEING LOCATED
AT 2811 AND 2813 SELLERS COURT
FROM RI: LOW DENSITY RESIDENTIAL
TO CI: SMALL TO MEDIUM SCALE
GENERAL COMMERCIAL.
CERTIFICATION OF FAVORABLE RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas, Bobbie Bushau and Virginia Bushau filed a petition before the
Jeffersonville Plan Commission to change the zoning designation of the property
described in attached Exhibits "A", "B" and "C", (the "Property"), from RI: Low Density
Residential to CI: Small to Medium Scale General Commercial; and
Whereas, after proper notice by publication, the Jeffersonville Plan Commission
held a public hearing on the petition on November 29, 2005; and,
Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission
voted by a majority vote of its entire membership to favorably recommend the proposed
change of zoning designation of the Property to the Jeffersonville Common Council.
IT IS THEREFORE CERTIFIED that on November 29, 2005, the
Jeffersonville Plan Commission favorably recommended that the Jeffersonville Common
Council enact by ordinance the proposed zoning designation change of the property from
R1: Low Density Residential to C 1: Small to Medium Scale General Commercial as
requested in the petition of Bobbie Bushau and Virginia Bushau.
· .
So certffied th~s 29th day of Novembe
NAME OF NEW O%SX~ER(S) & ADDRESS:
CHARLES F, BUSHAU and
BOBBIE W. BUSHAU
202 N. Walford Drive
Jeffersonville, IN 47130
COUNTY
l~/2l/Zee3 Tlse 89:45:28
THiS INDENTURE WITNESSETH. That CttARLES F. BUSH. AU and
BOBBLE W. BUSHA U (spouse, whojolns solely for the purpuse of conveylng her
marital interest, if any), of Clark County, Indiana, for and in consideration of the sum of
Oho ($1.00) and other good and valuable eoasldaratien, the receipt of which is hereby
acknowledged, bereby oonvey and quitclaim to CHARLES F. BUSHAU's Fi~y Percent
(50%) to themselves during their joint lives and the life of the survivor a llfe estate in thc
following described mai estate with the remainder to CHARLES F. BUSHA U and
BOBBIE W. BUSHA U, Trustees, or their successors in trust under the CHARLES F.
B USHA U and BOBBIE FF. B USHA U REVOCABLE IJI/ING TRUST dated thc 29th
day of November, 1995, and any amendments thereto, all of'heir interest in and to thc
real estate described as follows, which real estate is located in thc County of Clark, State
of Indiaua, and is commonly known as 2811/2813 Sellers Court, Jeffcrsonvillc, Indiana,
to-wit: ~
Being Lots No. One {1 ), Three (3), and Five (5) of Sellers
Cour~ Subdivision as the ~alle appears of record in the
Plat Book 6, Page 57, in the office of the Recorder of
Clark County, Indiana.
Being the same undivided one-half interest conveyed to
Charles F. Bnshau by Deed dated May 17, 1974, of
record in Deed Drawer 6, Inst. No. 4030, in the Office
of the recorder aforesaid.
The above entitled real estate is the same real estate heretofore conveyed by
Charles H. Bnshau and Bcrtha A. Bushan to Charles F. Bnshan and John P. Bnshau. as
tenants in common on the 17th day of May, 1974, pursuant to a Warranty Deed recorded
in Deed Drawer 6, Inst. No. 4030 of the office of thc Recorder of Clark County, Indiana-
The above-described real estate is made subject to any and all easements,
restrictions and taxes of record.
IN WITNESS WHEREOF the Grantors have hereunto set their hands and seals
this ~.a~' da), of ~ ,2003.
CHARLES F. BUSHAU
OCT I~! 2003
13379
..* RECORDING REQUESTED BY' * )
· GERSH LAW OFFICES, P.S.C. )
WHEN RECORDED MAIL TO: ) *
JOHN P, BUSHAU )
VIRGINIA M. BUSHAU )
8818 HWY 40~ )
CHARLESTOWN, IN 47111 )
REOEIYEO
FOR REOQRD
SPACE ABOVE FOR RECORDER'S USE
Quitclaim Deed
2811/2813 Sellers Court
For no consideration, JOHN P. BUSHAU AND VIRGINIA M. BUSHAU (SPOUSE-Who joins solely
for the purpose of conveying her marital interest, if m3.y) 8818 HWY 403, CHARLESTOWN, iN 47111,
Parties of Jhc First Part, as to thc husband's fifty percent interest do hereby Remise, Release and Convey
to themselves during their joint lives and the life of ~.e suer_ ivor a life estate in the following property
with ~e remainder to :Olin P. BUSP, AU and VIRGINIA M. BUSHAU, Trustees, or their successors in trust,
awv 403, Cw STO , 4711 , =&r the vm n A y. B.u.S u u.L!so
ted . ][1! .~ 0'[00~ and any amendments thereto, Partacs o[ the ~ccond P.? ail
interest in and to the fo[lovang described real property In the County of Clark, State of hi
Being Lots Nos One (1), Three O), and Five (5), of Seilca Court tubdivision as the same appears of record
in thc Plat Book 6, Page $% in the office of the recorder of Clank County, Indiana.
Being the same undivided one-half interest conveyed to JOHN P. DUSI~U by deed dated May 17, 1974, of record
in Deed Drawer 6, Instr. No. 4030, in the Office of the recorder aforesai&
Subject to all existing mortgages, liem and encumbrances, to any existing restrictions, stipulations and
easements of record affecting the above described property and to all state and county taxes due and
payable ~nd subsequent taxes, all of which the Parties of the Second Part assume and, agree to pay.
DULY EI~ffERED FOR TAX~[ION
SUBJECT TO FINAL ACCEPTANC(E
~Oa TRA~ISFER
AUG 0 5 1996
IN TESTIMONY ..W~E. KEOF, wire_ess the ~tres of thc
t~ Second r~t o. ~s JUL 3 0
· BUSHAU
Pan'les of the First part and the Parties of
faRGn,UA M.'SUSHAU
/,96H~ r. BUSH~U
~IKOINIA M. BUSHAU
"GRANTEES"
STATE OF KENTUCKY
SS
REVOCABLE TRUST TRANSFER
· EXEMPT FROM REAPPRAISAL
Withes my hand and official seal.
/~' · ' at Large
THIS INSTRUMENT PREPARED BY:
OE~H ~AW OFFICES, P.S.C. '
Rosalyn A. Carothers
821 Mt. Tabor Road, Suite 304
New Albany, IN 47150
(812) 945-5500
MAIL FUTURE TAX STATEMENT TO:
JOHN P. BUSHAU and VIRGINIA M. BUSHAU
8818 HWY 403
CHARLESTOWN, IN 47! 11
THIS INDENTb~RE ~ITNESSETH, That ELEAM. GOFF and EDITH GOFF,
his wife, of the County of Clark and State of Indiana, for and
· ' ~ O0 and o~h~'~ :good
in consideration of the sum of One Dol~ar~,, (.~l~ ~, ) .... ,~, ,
and ~i6abie COnsideratiOns, bhe re~;tP%~'wh~;~f is herO'bY ac
now!edged, do hereby sell, transfer, assign, set over, and deliver
to Cp%RLES H. BUSHAU and BERTHA A. B~JS~L~U, ~hts wife, of the County
of Clark and Sta~e ~f Indiana, ~h~ following decribed personal
property,
to-wit:
I - 8' Hussman Refrigerator (~£eat Box)
I - l0 foot Hussman Vegetable counter
48 feet of Side-wall Shelving
~ feet of Center ~isle Shelving
I O' x ~' U-shaped check out counter
I National Cash Register
~ - Pair ~f Scales
I - Dry Vegetable rack
~ -sSmall Show cases
~ i Stool
i Mamburger ~achine
1 Slicing ~,~chine (Electric)
B - Meat Blocks (~0" x ZO")
I - Cleaver
I - Sharpening steel
E - Knives
~ - Lard Ladles
I Neat Saw
~ - Tables
~ - Roll Paper Racks
t - Tape !~achine
I - Large Oil Meater
i - Coal Heater
i New Burroughs Adding ~achine
I S foot roll top desk
6 - Service carts
together with all the stock of merchandise located in and forming a~
part of what is known as "Golf's Grocery" and located on Lot No. One
(1) of sellers Court SubdivisTon,
Township, Clark County, Indiana.
TO have and 5o hold ohe same
Highway No. 62, jeffersonville
un~o the said Charles H. ~ushau
and Bertha A. Bushau, his wife, their heirs an~ assigns forever.
The said Elzs ~. Golf and Edith ~off, his wife, warrant and
agree to defend the t±~ls to all such property herein sold for the
benefit of the purchasers, their heirs and assigns, against all
I~ ~ITNESS v~MEREOF, the
his wife, have hereunto set
"a 1953.
of ~i y,
said Elza ~J. Goff and Edith Goff,
their hands and seals this 14th day
/~/ ~.~n ~..,__ /~'~/~ ( $EAL)
State of Indiana')
(
county of Clark )
qefore me, the undersiEned' a Notary public, within and for
the County and State aforesaid, on this 14th day of ~ay, 1955,
~ f his w~ fe, and
personally appeared Elza i,,~. Golf and Edith ,~of , "
of the annexed Bill o,f? sale.
acknowledEed the execution ~%~
I,~y commission expires: Homer ~3._~~' .....
February lC, 1954 .-~
A_FFiDAVI~
State of indiana)
~ouuty of Clark )
ElZa ~. Golf and Edith Goff, husband and wife, of the County
of Clark and State of Indiana,' both being duly sworn, upon oath
say: That they are the ~oYe owners of the property described in
the annexed bill of sale, and have the full right to sell and
transfer said property-
Tha~ all of the propert~ described in the foregoing Bill of
sale is £ree and clear of all cla~s and encumbrances, and that
the affiants are indebted, to nO person, firth or oorporation~ for
any of the articles mentioned in said Bill of Sale, or for any of
the merchandise as desortbed in said Bill. of sale. That this
affidavit is beige made £or the purpose of~protecting ~he said
purohasers under said bill of sale from the provisions of the
Bulk sales
Law of the State of Ir~diana.
subscribed and sworn to befcre ms this l~th day of ?'ay~195~®
~::y eo~n~ssion sx~es ~.omer ~. o ~
~,eb~ua~y I0, 1~54
NOTICE OF INTENT .TO CONSIDER PROPOSED CHANGE OF ZONING MAP
Notice is hereby given that on December 5, 2005 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, ihe 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 R1: Low Density Residential
to CI: Small to Medium Scale General Commercial.
DESCRIPTION OF PROPERTY LOCATED IN.
THE CITY OF JEFFERSONVILLE
PROPERTY ADDRESS: Lots One, Three, and Five of Sellers Court
Subdivision as the same appears of record in Plat Book 6, Page 57
being located at 2811 and 1813 Sellers Court.
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 November 29, 2005. 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 30th day of November 2005.
Peggy Wilder
Jeffersonville Clerk-Treasurer
Prepared by:
Leslie D. Merkley
City Attorney
Sharon King
Paralegal