HomeMy WebLinkAbout2018-R-2 RESOLUTION NO. 2018-R- a
BEFORE THE BOAR OF PUBLIC WORKS AND SAFETY
CITY OF JEFFERSONVILLE, INDIANA
A RESOLUTION SUSTAINING DAMAGES AWARD FOR
CONDEMNATION OF CERTAIN REAL PROPERTY PURSUANT TO
INDIANA CODE 32-24-2 et. seq.
WHEREAS, on October 4, 2017 the Board of Public Works and Safety of
the City of Jeffersonville (the "Board") adopted Resolution 2017-R-10, A
Resolution Concerning Acquisition of Property for Purpose of Public Right of Way
Pursuant to I.C. 32-24-2-5 for the Holmans Lane Project; and
WHEREAS, notice of the resolution was published in the News and
Tribune on October 10, 2017 and October 17, 2017 as required by Indiana Code
32-24-2-6(b); and
WHEREAS, said notice stated that at its regular meeting on November 1,
2017, the Board would hear remonstrance's from persons interested in or affected
by the condemnation; and
WHEREAS, the Board adopted Resolution 2018-R-1 on January 3, 2018,
the first Resolution Sustaining Damages Award for Condemnation of Certain Real
Property Pursuant to Indiana Code 32-24-2 et seq; and
WHEREAS, an additional hearing was held on January 31, 2018 in regards
to two (2) additional parcels, being Parcel #82 and #84 involved with this project
that were not dealt with at the November 1, 2017 hearing.
WHEREAS, no one interested in, or affected by, the condemnation of these
two (2) additional parcels appeared with regard to the condemnation at the Board's
regular meeting on January 31, 2018.
WHEREAS, the Board adopted Resolution NO. 2017-R-11, A Resolution
Confirming Condemnation of Certain Real Property, Establishing List of Owners
and Holders of Property and Awarding of Damages Pursuant to Indiana Code 32-
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24-2 et. seq. and establishing November 29, 2017 as the date the Board would hear
remonstrances from persons in or affected by the condemnation, all pursuant to
Indiana Code 32-24-2 et. seq.
WHEREAS, on January 8, 2018, written notice was mailed via certified
U.S. mail, postage prepaid, upon those persons in or affected by the condemnation
of these additional two (2) parcels showing the amount of the damage award and
stating that the Board would hear remonstrances from persons with regard to the
amount of damage award; and
WHEREAS, all those persons in or affected by the condemnation were
served by evidenced of return receipt; and
WHEREAS, on November 29, 2017, after hearing remonstrances form
those persons present, the Board took the matter of damages under advisement; and
NOW THEREFORE, BE IT HEREBY RESOLVED that the Board
hereby sustains its damages as set forth in Resolution NO. 2017-R-11, A
Resolution Confirming Condemnation of Certain Real Property, Establishing List
of Owners and Holders of Property and Awarding of Damages Pursuant to Indiana
Code 32-24-2 et. seq
Adopted this of February, 2018.
CITY OF JEFFERS 0 VILL
BOARD OF PU:L WO ' S & SAFETY
-
Mike oore, May.
7TEST:
Vicki Conlin
Clerk
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EXHIBIT "A"
(LEGAL PROPERTY DESCRIPTIONS)
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PARCEL 82;
Being a part of Survey Nos. 21 and 22 of the Illinois Grant in the City of Jeffersonville, Clark
County, Indiana, and intending to be all that tract of land lying within the right-of-way lines
depicted on the attached Right-of-Way Parcel Plat,marked EXHIBIT"B", described as follows:
Commencing at a cotton gin spindle marking the north corner of Survey No. 21 being designated
as point "31013" on said plat; thence South 35°31'23" East, 2737.32 feet along the line dividing
Survey Nos. 21 and 22 to the northwesterly right-of-way line of the CSX Railroad (formerly
known as the Ohio & Mississippi Railway),being the True Point of Beginning;
Thence North 22°53'16" East, 96.99 feet along said northwesterly right-of-way to a point being
designated as "722" on said plat; thence South 35°11'31" East, 70.69 feet to the southeasterly
right-of-way of said railroad and being designated as point "721" on said plat; thence South
22°53'16" West, 164.94 feet along said southeasterly right-of-way to a point being designated as
"685" on said plat; thence North 35°11'31" West, 31.09 feet to a point being designated as "686"
on said plat; thence North 54°48'29" East, 18.00 feet to a point being designated as "687" on said
plat; thence North 35°11'31" West, 50.81 feet to the northwesterly right-of-way of said railroad;
thence North 22°53'16" East, 46.75 feet along said northwesterly right-of-way to the True Point
of Beginning.
Containing 0.209 acres, more or less, inclusive of presently existing right-of-way (area under
pavement) of 0.040 acres more or less.
All bearings in this description are based on the bearing system for the City of Jeffersonville,
Veterans Parkway Improvements Project as shown on Location Control Route Survey recorded
at Instrument 201621738, in the Office of Recorder, Clark County, Indiana.
PARCEL 82A;
Being a part of Survey No. 21 of the Illinois Grant in the City of Jeffersonville, Clark County,
Indiana, described as follows:
Commencing at a cotton gin spindle marking the north corner of Survey No. 21; thence South
35°31'23" East, 2737.32 feet along the line dividing Survey Nos. 21 and 22 to the northwesterly
right-of-way line of the CSX Railroad (formerly known as the Ohio & Mississippi Railway);
thence South 22°53'16" West, 46.75 feet along said northwesterly right-of-way to the True Point
of Beginning;
Thence South 35°11'31" East, 50.81 feet; thence South 54°48'29" West, 18.00 feet; thence South
35°11'31" East, 31.09 feet to the southeasterly right-of-way of said railroad; thence South
22°53'16" West, 5.89 feet along said right-of-way; thence North 35°11'31" West, 70.69 feet to
the northwesterly right-of-way of said railroad; thence North 22°53'16" East, 27.10 feet along
sais right-of-way to the True Point of Beginning.
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Containing 0.027 acres, more or less.
PARCEL 84; Tax ID No: 10-21-02-100-395.000-009
Being a part of Survey No. 21 of.the Illinois Grant in the City of Jeffersonville, Clark County,
Indiana, and intending to be all that tract of land described in Instrument 200515071, lying
within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat, marked
EXHIBIT "B", described as follows:
Commencing at a cotton gin spindle marking the north corner of Survey No. 21 being designated
as point "31013" on said plat; thence South 35°31'23" East, 1837.35 feet along the line dividing
Survey Nos. 21 and 22; thence South 54°49'43" West, 24.74 feet to the existing southwesterly
right-of-way of Holmans Lane,being the True Point of Beginning;
Thence South 35°29'04" East, 155.04 feet along said existing southwesterly right-of-way to the
southeasterly line of said tract; thence South 54°18'49" West, 9.58 feet along said southeasterly
line; thence North 35°17'23" West, 155.12 feet to the northwesterly line of said tract; thence
North 54°49'43" East, 9.05 feet along said northwesterly line to the True Point of Beginning.
Containing 0.033 acres, more or less.
All bearings in this description not being quoted from previous recordings are based on the
bearing system for the City of Jeffersonville, Veterans Parkway Improvements Project as shown
on Location Control Route Survey recorded at Instrument 201621738, in the Office of Recorder,
Clark County, Indiana.
PARCEL 84A; Tax ID No: 10-21-02-100-395.000-009
Being a part of Survey No. 21 of the Illinois Grant in the City of Jeffersonville, Clark County,
Indiana, and a part of the land described in Instrument 200515071, described as follows:
Commencing at a cotton gin spindle marking the north corner of Survey No. 21; thence South
35°31'23" East, 1837.35 feet along the line dividing Survey Nos. 21 and 22; thence South
54°49'43"West, 33.79 feet, being the True Point of Beginning;
Thence South 35°17'23" East, 155.12 feet to southeasterly line of said tract; thence South
54°18'49" West, 9.00 feet along said southeasterly line; thence North 35°17'23" West, 64.63 feet;
thence North 80°17'23" West, 7.07 feet; thence North 35°17'23" West, 15.00 feet; thence North
09°42'37" East, 7.07 feet; thence North 35°17'23" West, 45.00 feet; thence South 81°16'31"
West, 11.18 feet; thence North 35°17'23" West, 15.59 feet to the northwesterly line of said tract;
thence North 54°49'43" East, 19.00 feet along said northwesterly line to the True Point of
Beginning.
Containing 0.039 acres, more or less.
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EXHIBIT"B"
(LIST OF ALL OWNERS OR HOLDERS OF THE AFFECTED PROPERTY
INCLUDING AWARD OF DAMAGES)
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