SPECIAL ORDINANCE FOR A REZONING SPECIAL ORDINANCE 7, 2018 An Ordinance Amending Chapter 10, Article 2 of the Municipal Code designated as "Comprehensive Zoning Ordinance for Terre Haute Indiana." SECTION 1. BE IT ORDAINED BY THE COMMON COUNCIL of the City of Terre Haute, Vigo County, State of Indiana, that Chapter 10, Article 2 of the City Code of Terre Haute, designated as the "Comprehensive Zoning Ordinance for Terre Haute" and Division 4, Section 10.121 thereof, District Maps, be, and the same is hereby amended to include as follows: "That the following described real estate situated in the City of Terre Haute, County of Vigo, State of Indiana, to-wit: Part of the Southwest quarter of Section 24, Township 12 North, Range 9 West, Vigo County, described as follows: Commencing at the Southeast corner of said quarter Section 24; thence North 89 degrees 07 minutes 21 seconds West, bearing is assumed and is the basis of bearings of this description, along the South line of said quarter section, a distance of 275.44 feet thence North 00 degrees 52 minutes 39 seconds East a distance of 46.00 feet to a 5/8 inch rebar with plastic cap stamped "Myers LS 9400006" hereinafter called a monument at the intersection of the North Right-of-Way line of Poplar Street (Indiana State Road 42), with the West right-of-way line of Thompson Ditch 2.12 acres Record, 1.90 acres measured, Parcel #A-31, per Certificate of Appropriation and Payment filed: Vigo County Auditor July 17, 1975, Miscellaneous Record 176, page 495, and the Point of Beginning of this description; thence North 89 degrees 07 minutes 21 seconds West along said North right-of-way line a distance of 1044.75 feet to a monument on the East right-of-way line of Adams Street (32.5 feet 1/2 width); thence North 00 degrees 20 minutes 19 seconds East along said East of right-of-way line a distance of 688.48 feet to an iron pin found at the Southwest corner of Lot 289 of Hulman Meadows 5th Subdivision, Plat Record 21, page 17; thence North 89 degrees 38 minutes 58 seconds East a distance of 139.87 feet (measured) 140 feet (record) to an iron pin found at the South west corner of Lot 290, of said Subdivision; thence North 89 degrees 37 minutes 47 seconds East, a distance of 119.81 feet (measured), 120 feet (record), to an iron pin found at the Southeast corner of said Lot 290; thence North 00 degrees 20 minutes 19 seconds East along the East line of said Lot 290, a distance of 150.27 feet (measured), 150 feet (record), to a monument set on the South right-of-way line of Ohio Boulevard; thence North 89 degrees, 37 minutes, 25 seconds East, along said South right-of-way line a distance of 921.47 feet to a monument set on the West right-of-way line of said Thompson Ditch Parcel #A-31; thence continuing said course a distance of 100.00 feet to the West right-of-way of Fruitridge Avenue, (40 feet 1/2 width measured from the East line of the Southwest quarter of Section 24); thence along and with said West right-of-way line the following three (3) courses: South 00 degrees 25 minutes 25 seconds West, a distance of 278.51 feet to a monument set on the Northwesterly right-of-way line of the Southern Indiana Railway, (49.5 feet 1/2 width, measured perpendicular to the centerline of the main track); thence South 00 degrees 25 minutes 25 seconds West, a distance of 441.59 feet to monument set on the Southeasterly right-of-way line of said Southern Indiana Railway; thence South 00 degrees 25 minutes 25 seconds West, a distance of 146.60 feet to a monument set at the intersection of the West right-of-way line of Fruitridge Avenue, with the North right-of-way line of Poplar Street; thence North 89 degrees 07 minutes 21 seconds West, along said North right-of-way, a distance of 33.67 feet, to a monument set on the Southeasterly right-of-way line of said Southern Indiana Railway; thence continuing said course along said North right-of-way, a distance of 101.40 feet, to a monument set on the Northwesterly right-of-way line of said Southern Indiana Railway; thence continuing said course along said North right-of-way, a distance of 100.00 feet to the Point of Beginning, containing 24.17 acres more of less. Subject to Thompson Ditch, Parcel #A-31 Certificate of Appropriation and Payment filed with the Vigo County Auditor July 17, 1975 Except Right of Way for the Southern Indiana Railway Company (Soo Line), as taken by Appropriation Proceedings in Cause No. 20674, Vigo Circuit Court, and shown in Order Book 65 Page 369 of said court. EXCEPT Part of the East one-half (1/2) of the Southwest quarter (1/4) of Section 24, Township 12 North, Range 9 West, Vigo County, described as follows: Commencing at the Northeast corner of said quarter Section 24; thence South 00 degrees 25 minutes 25 seconds West, bearing is assumed and is the basis of bearings for this description, along the East line of said quarter section, a distance of 150.59 feet; thence North 89 degrees 34 minutes 35 seconds West, perpendicular to the East line of said quarter a distance of 40.00 feet to a 5/8 inch rebar with plastic cap stamped "Myers LS 9400006" hereinafter called a monument at the intersection of the West right-of-way line of Fruitridge Avenue and the South right-of-way line of Ohio Boulevard; thence South 89 degrees 37 minutes 25 seconds West along said South right-of-way line a distance of 100.00 feet to a monument on the West right-of-way line of Thompson Ditch Parcel #A-31 and the Point of Beginning of this description; thence South 08 degrees 49 minutes 32 seconds East along said West right-of-way line a distance of 163.91 feet to a monument; thence South 13 degrees 22 minutes 43 seconds West along said West right-of-way line a distance of 172.65 feet to a monument; thence South 87 degrees 49 minutes 35 seconds West a distance of 328.96 feet to a monument; thence South 88 degrees 19 minutes 02 seconds West a distance of 332.05 feet to a monument; thence North 89 degrees 05 minutes 59 seconds West a distance of 190.96 feet to a monument; thence North 85 degrees 17 minutes 27 seconds West a distance of 221.08 feet to a monument; thence continuing said course, a distance of 96.60 feet to a monument on the East right-of-way line of Adams Street; thence North 00 degrees 20 minutes 19 seconds East, along said East line a distance of 165.12 feet to an iron pin at the Southwest corner of Lot 289 of Hulman Meadows 5th Subdivision, Plat Record 21, page 17; thence North 89 degrees 38 minutes 58 seconds East, along the South line of said Lot 289, a distance of 139.87 feet to an iron pin at the Southwest corner of Lot 290; thence North 89 degrees 37 minutes 47 seconds East, along the South line of said Lot 290, a distance 119.81 feet to an iron pin at the Southeast corner of Lot 290; thence North 0 degrees 20 minutes 19 seconds East, along the East line of said Lot 290, a distance of 150.27 feet to a monument on the South right-of-way line of Ohio Boulevard; thence North 89 degrees 37 minutes 25 seconds East, along said South right-of-way line, a distance of 921.47 feet to the Point of Beginning., containing 8.33 acres more or less, all of which is part of the 24.17 acre property described in the Corporate Limited Warranty Deed recorded as instrument number 2005007595, on May 06, 2005, also as shown on the recorded survey last revised September 15, 2004, recorded as instrument number 2005001967 on February 11, 2005. Commonly known as: 601 S. Fruitridge Avenue, Terre Haute, Vigo County Indiana 47803) Parcel ID No. 84-06-24-376-004.000-002 Be and the same is hereby established as R-2 Two-Family Residence District, together with all rights and privileges that may insure to said real estate and the owners thereof by virtue of the law in such cases provided, subject to all limitations and restrictions imposed thereon by deed or otherwise." SECTION II, WHEREAS, an emergency exists for the immediate taking effect of this Ordinance, the same shall be in full force and effect from and after its passage by the Common Council of Terre Haute, and its approval by the Mayor and publication as required by law. Presented by Council Member, O. Earl Elliott Passed in open Council this 7th day of June, 2018. Curtis DeBaun, President ATTEST: Michelle L. Edwards, City Clerk Presented by me, to the Mayor of the City of Terre Haute, this 8th day of June, 2018. Michelle L. Edwards, City Clerk Approved by me, the Mayor of the City of Terre Haute, this 8th day of June, 2018 Duke A. Bennett, Mayor ATTEST: Michelle L. Edwards, City Clerk 219716 TS 6/25/18 hspaxlp
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