HomeMy WebLinkAbout2023-R-6 Resolution Confirming Condemnation of Certain Real Property (Pusuant Indiana Code 32-24-2) BPW Approved 9/6/23 202318952 AFF2 $25.00
10/10/2023 02: 12:24P 5 PGS
Steve Gill
DULY ENTERED FOR TAXATION Clark County Recorder IN
SUBJECT TO FINAL ACCEPTANCE Recorded as Presented
FOR TRANSFER III I , II II it II I I I I I II II I I I II
OCT 1 0 2023
RESOLUTION NO. 2023-R- Cg
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Auditor,Claatounti3EFORE THE BOAR OF PUBLIC WORKS AND SAFETY
CITY OF JEFFERSONVILLE, INDIANA
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.
WHEREAS, on July 26, 2023 the Board of Public Works and Safety of the City of
Jeffersonville (the "Board") adopted Resolution 2023-R-5, "A Resolution Concerning
Acquisition of Property for Use of Municipality" pursuant to I.C. 32-24-2-5 for the
performance of certain public infrastructure improvements for access to city property
(the "Project") which real estate is more particularly described in Exhibit A, attached
hereto and incorporated herein by reference; and
WHEREAS, notice of the resolution was published in the News and Tribune on
August 18, 2023 and August 25, 2023 as required by Indiana Code 32-24-2-6(b); and
WHEREAS, said notice stated that at its regular meeting on September 6, 2023,
the Board would hear remonstrance's from persons interested in or affected by the
condemnation; and
WHEREAS, no one interested in, or affected by, the condemnation appeared
with regard to the condemnation at the Board's regular meeting on September 6, 2023;
and
NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby
confirms its original Resolution condemning and appropriating for the use of the City of
Jeffersonville (the "City") the property located in the City of Jeffersonville, Clark County,
Indiana described in Exhibit A; and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the real estate
described in Exhibit A is hereby conveyed to the City; and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the City shall
record a copy of this Confirming Resolution in the office of the Recorder of Clark
County, Indiana to memorialize the City's condemnation of the real estate located
described in Exhibit A; and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the list of all
owners or holders of the affected property is set forth in Exhibit "B" as required by
Indiana Code 32-24-2-7; and
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NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board
award of damages sustained by said owners and holders of interests in the affected
property is set forth in Exhibit "B" as required by Indiana Code 32-24-2-8; and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board
shall serve written notice showing the amount of the award and setting forth a date the
Board will receive or hear remonstrances concerning the damage awards as required
by Indiana Code 32-24-2-8; and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board will
receive and hear remonstrances with regard to the amount of damages award at its
meeting on Wednesday, October 11 , 2023 at 9:30 a.m. in the Mayor's Conference
Room on the 2nd floor of City Hall located at 500 Quartermaster Ct. in Jeffersonville,
Indiana; and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board
shall serve personal notice upon the owners and holders of interest in the affected
property as set forth in Exhibit "B" of the damages award and of the meeting to receive
and hear remonstrances as required by Indiana Code 32-24-2-8.
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that a notice of this
Resolution shall be published in the News and Tribune once each week for two (2)
consecutive weeks.
Adopted this ',1 of September 6, 2023.
CITY OF JEFFE SONVILLE
BOARD OF FEU IC W RKS & SAFETY
Mike Moore, I)layor
ATTEST:
Lisa Gill
Clerk
EXHIBIT "A"
(LEGAL PROPERTY DESCRIPTIONS)
Property Address:
2309 Woodland Ct.
Jeffersonville, IN 47130
Legal Description
BEING A PART OF SURVEY NO. 1 1 OF THE ILLINOIS GRANT BOUNDED THUS:
BEGINNING AT THE SW CORNER OF SHARE NO. 3, AND THE NW CORNER OF
SHARE NO. 4 AS SHOWN ON THE PLAT OF THE PARTITION OF WILLIAM
BOWMAN, ET AL VS. SARAH BOWMAN, ET AL, OF RECORD IN PROBATE BOOK
"D", PAGE 592, IN THE OFFICE OF THE CLERK OF THE CLARK CIRCUIT COURT;
THENCE N. 50 DEG. E., 775 FEET TO A STAKE, THE TRUE PLACE OF BEGINNING;
THENCE CONTINUING N. 50 DEG. E, 70 FEET TO A STAKE; THENCE S. 40 DEG.
E., 280 FEET TO A STAKE IN THE NORTH LINE OF A 44 FOOT ROADWAY;
THENCE ALONG THE NORTH LINE OF SAID ROADWAY S. 50 DEG., 70 FEET TO A
STAKE; THENCE N. 40 DEG. W., 280 FEET TO THE PLACE OF BEGNNING,
CONTAINING 0.45 OF AN ACRE, MORE OR LESS, TOGETHER WITH
IMPROVEMENTS THEREON.
Subject to any and all easements and restrictions of record affecting this real estate
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EXHIBIT "B"
(LIST OF ALL OWNERS OR HOLDERS OF THE AFFECTED PROPERTY
INCLUDING AWARD OF DAMAGES)
Owner:
Charles E. Matthew (Deceased)
Other Entities with Interest in Property:
a) The New Washington State Bank, securing a promissory note in the amount of
$34,000.00 and recorded as Instrument No. 2014-06003.
b) Order for Probate of Will and for Unsupervised Administration in Re: The Estate of
Charles E. Matthews, filed under Case No. 10001-1904-EU-058.
c) Judgment against Eric Matthews in favor of Clarksville Finance, Inc. dated August 17,
2017, in the amount of $9049.04 plus interest, costs and attorney fees, filed under Case
No. 100O2-1602-PL-011 .
**DAMAGES AWARDED: $24,220.35**
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