HomeMy WebLinkAbout2009-R-03• RESOLUTION No. 09-R-
AMENDED RESOLUTION CONFIRMING CONDEMNATION
OF CERTAIN REAL PROPERTY PURSUANT TO
INDIANA CODE 32-11-1.5 et. Seq.
WHEREAS, on the 8~' day of April 2002 the Board of Public Works and Safety
of the City of Jeffersonville (the "Board") adopted Resolution 02-R-17
(the "Resolution"), condemning and appropriating for the use of the City of Jeffersonville
(the "City") certain real estate owned by David A. Francke and Linda B. Francke, being a
part of Survey No. 1 of the Illinois Grant of Clark County, Indiana, Block 119 (the
"Property"); and
WHEREAS, such Resolution was recorded on May 10, 2002, as Instrument
200212151 in the office of the Recorder of Clark County, Indiana; and
WHEREAS, David A. Francke and Linda B. Francke filed suit (the "Francke
Lawsuit") against the City and the Board in case number 10001-0404-PL-240; and
WHEREAS, the Francke Lawsuit provided the legal description for the Property,
more set forth as follows:
A part of Survey No. 1 of the Illinois Grant
of Clark County, Indiana, being the same
• tracts conveyed to David A. and Linda B.
Francke, at Deed Drawer 26, Instrument No.
908, and Deed Drawer 26, Instrument No.
3359, and described as follows:
Being that part of Black No. 119 in the
Enlargement of said City bounded as follows:
Beginning at the intersection of the north
line of 10th Street and the west line of the
10 foot alley running north and south
through said block; thence westwardly with
the north line of 10th Street 35 feet to a
stake; thence at right angles northwardly 78
10/100 feet to a stake; thence at right
angles eastwardly 35 feet to a stake in the
west line of said alley, thence southwardly
with the west line of said alley 78 10/100
feet to the place of beginning. Mare
commonly known as 409 East 1Dth Street,
• Jeffersonville, Indiana.
AZSO
Being a part of Black No. 119 in the City of
Ted grnnrtt~ 1 ~ r~ ~nn~rr,~rice ~}. r.nti }. ti ~,,n
IJGlfel`7V11v,1„I,.a,G~ ~.JGy.lllllllly Cll. a ~JV1n~, In thG
west line of said Block No. 119, said point
is 78.10 feet north of the southwest corner
of Block No. 119; thence northwardly 25
feet; thence at right angles eastwardly 164
feet to a 10 foot alley; thence at right
angles southwardly 25 feet; thence at right
angles westwardly 164 feet to the place of
beginning. More commonly known as 1012
Walnut Street, Jeffersonville, Indiana.
ALSO:
Beginning at a stake in the north line at
Ekin Avenue and the south line of said
block, 105 feet eastwardly from the
• southwest corner of said block; thence
continuing eastwardly along the south line
of said block and the north line of Ekin
Avenue 26 feet, more or less, to McCartin's
line; thence northwardly on a line parallel
to the east line of Walnut Street and along
McCartin's line, 78.1 feet to a stake;
thence westwardly and on a line parallel to
the north line of Ekin Avenue, 26 feet, more
or less, to a stake; thence southwardly; and
on~a line parallel to the east line of
Walnut Street, 78.1 feet to a stake, the
place of beginning, the same being commonly
known as 407 East lOt'' Street.
ALSO:
Being part of Block 119 in the Enlargement
of the City of Jetfe~sc~nvi-lle, said county
anti state, bounder? thus : Beginning at the
southwest corner of said Black NO. 1.19 at
• the intersection cif the east line of Walnut
• Street and the north line of Ekin Avenue•
thence eastwardly with the south line ofI
said block and the north line of Ekin
Avenue, 77. feet to a stake; thence
northwardly and on a line parallel with the
east line of Walnut Street, 78.1 feet to a
stake; thence westwardly and on a line
parallel 4v1tYi the iiGrtl"i 11ne Of Ekln AVentle,
71 feet to a stake on the west line of said
block and the east line of Walnut Street;
thence southwardly and along the west line
of said back and the east line of Walnut
Street, 78.1 feet to the place of beginning,
the same being commonly known as 401 East
10th Street .
ALSO:
Being that part of Block No. 119 in the
Enlargement of the City of Jeffersonville,
said county and state, bounded thus:
Beginning at a stake in the north line of
Ekin Avenue, 71 feet eastwardly from the
southwest corner of said Block No. 119;
thence eastwardly with the north line of
Ekin Avenue, 34 feet to a stake; thence
northwardly on a line parallel with the east
line of Walnut Street, 78.1 feet to a stake;
thence westwardly on a line parallel with
the north line of Ekin Avenue, 34 feet to a
stake; thence southwardly on a line parallel
with the east line of Walnut Street, 78.1
feet to the place of beginning, the same
being commonly known as 405 East 10 th Street.
WHEREAS, in settlement of the Francke Lawsuit the City agreed to pay one
hundred ninety thousand dollars ($190,000.00), in full and final settlement of all claims
concerning the above described Property and the condemnation and appropriation
thereof; and
WHEREAS, the property diagram set forth in the Resolution and the legal
description set forth above from the Francke Lawsuit refer to the same real estate;
• however, the metes and bounds description set forth in the Resolution includes certain
inaccuracies; and
WHEREFORE, the Board now adopts this Amended Resolution Confirming
Condemnation of Certain Real Property Pursuant to Indiana Code 32-11-1.5 et. Seq.
for purposes of clarifying and placing of record the correct legal description for the
Property acquired through condemnation and the Francke Lawsuit;
NOW THEREFORE, BE IT HEREBY RESOLVED, the Board hereby
substitutes the legal description set forth above for the legal description formally set forth
in the Resolution previously recorded.
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that a copy
of this Amended Confirming Resolution shall be filed of record in the office of the
Recorder of Clark County, Indiana, to memorialize the City's condemnation of the
Property, and the true and accurate legal description therefore.
Adopted this 3rd of June 2009.
:7
CITY OF JEFFERSONVILLE
BOA PUBLIC O S & AFETY
Tom R. Galligan, May r
~7 ~ . A A
Miller
ara Wilson
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