HomeMy WebLinkAbout2018-R-5 RESOLUTION NO. 2018-R-
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
STATE OF INDIANA
A RESOLUTION ESTABLISHING
INTEREST IN PURCHASE OF LAND
WHEREAS, the Common Council for the City of Jeffersonville (the "Council") is
the legislative body with the statutory authority to authorize the purchase of land or
structures; and
WHEREAS, I.C. 36-1-10.5-5 sets forth the procedure for the City of Jeffersonville
(the "City") to purchase land or structures; and
WHEREAS, I.C. 36-1-10.5-5 requires the Council to adopt a resolution stating it
has interest in making a purchase of specified land or a structure; and
WHEREAS, the Council finds that it necessary the City to acquire certain land for
purposes of implementing and constructing a public works project to alleviate drainage
and flooding in the area; and
WHEREAS, the Council finds that the land as described in attached Exhibit "A" is
appropriate and adequate for said public works project; and
WHEREAS, the Council believes failure to proceed with the public works project
could jeopardize further development in the area as drainage and flooding is likely to
continue and/or subject the City to further damages and expense arising out of the
flooding; and
NOW THEREFORE BE IT RESOLVED by the Common Council for the City of
Jeffersonville, Clark County, Indiana as follows:
1. The Council has interest in making a purchase of the land as described in
attached Exhibit "A".
2. The land is necessary for implementing and constructing a public works
project to alleviate drainage and flooding in the area.
3. The Council designates the Jeffersonville Board of Public Works and Safety
(the "BPW") as the lawful purchasing agent to purchase or acquire the land pursuant to
I.C. 36-1-10.5 and to comply with the statutory requirements governing the purchase or
acquisition; and
4. The Council further acknowledges that the City, by and through the BPW, has
the authority to proceed with the acquisition of the land by eminent domain pursuant to
I.C. 32-24-1 for the public purposes set forth herein in the event the City cannot reach
acceptable terms for the purchase of the land.
This Resolution shall be in full force and effect after its passage by the Council
and approval by the Mayor.
Volid•i F;- " Voted Against:
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SO RESOLVED this (2 day of 2018, by the
Common Council of the City of Jeffersonville, Clark Count , Indiana.
Lisa G�esi Presiding ng Officer
and Council President
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eot
Vicki Conlin
Clerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville at
m on this day of `rncj , 2018.
�or� R�S
Vicki Conlin
Clerk
Approved and signed by me at m. o t • .y of
2018.
Mike Moore! Mayor
Vetoed by me at m. on this day of , 2018.
Mike Moore, Mayor
EXHIBIT A
Legal Description
A part of Survey No. 21 of the Illinois Grant in Jeffersonville Township of Clark
County,Indiana,being a part of the same land conveyed to Jacob and Ethel Woehrle
at Deed Drawer 1,Instrument No. 8151,and bounded as follows: Commencing at an
iron spike at the centerline of the New Albany and Charlestown Pike which marks the
west corner of Survey No. 21 of the Illinois Grant, thence the following courses:
South 35 degrees 41'25"East,2386.16 feet with the line dividing Survey Nos.20 and
21 of the Illinois Grant to the most southerly corner of John Woehrle's 1.1 acre tract
(Deed Record 280, page 347)and which is the True Place of Beginning;thence the
following courses of the boundary:North 55 degrees 10' 13" East, 646.29 feet with
the southeasterly line of said 1.1 acre parcel to an iron pin in the southwestern line of
a 100 foot wide roadway(Deed Drawer 28,Instrument No.22227);South 35 degrees
41'25"East,696.37 feet along the southwestern line of said roadway to an iron pin;
South 35 degrees 41' 25" East, 21.86 feet to a railroad spike in the centerline of
Jeffersonville-Charlestown Pike;South 21 degrees 09' 19"West,764.71 feet with the
centerline of said Pike to a railroad spike;North 35 degrees 41'25"West,203.73 feet
leaving said centerline to an iron pin; South 54 degrees 18'35" West,6.00 feet to an
iron pin in the line dividing Surveys 20 and 21; North 35 degrees 41' 25" West,
942.43 feet with said dividing line to the True Place of Beginning,containing 13.830
acres. Excepting therefrom,Lot# 1 of Minor Plat of Morton Memorial Subdivision,
as the same appears of record in Plat Book 16,page 59 in the office of the Recorder of
Clark County,Indiana.
THE ABOVE REAL ESTATE NOW KNOWN AND DESCRIBED AS:
Lot#2 of Minor Plat of Morton Memorial Subdivision,as the same appears of record
in Plat Book 16,page 59 in the office of the Recorder of Clark County,Indiana.
Subject to any and all easements and restrictions of record affecting this real estate