HomeMy WebLinkAbout2023-R-7 Resolution Concerning Acquisition of Property for Use of Municipality Pursuant to I.C. 32-24-2-5 RESOLUTION NO. 2023-R-
BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY
JEFFERSONVILLE, INDIANA
A Resolution Concerning Acquisition of Property for Use of
Municipality Pursuant to I.C. 32-24-2-5
WHEREAS, the City of Jeffersonville, Indiana (the "City") intends to perform certain
public infrastructure improvements on New Chapel Road in Jeffersonville, Indiana
including the widening of the roadway and installation of sidewalks (the "Project');
WHEREAS, it is necessary to acquire permanent right-of-way for the project;
WHEREAS, the Jeffersonville Board of Public Work and Safety (the "BPW") is the
purchasing agent for acquiring right of way for the project;
WHEREAS, pursuant to I.C. 32-24-2-6 the BPW hereby states its desire to acquire
certain property related to the project;
WHEREAS, the property that may be injuriously or beneficially affected is further
described in attached Exhibit "A":
NOW THEREFOR BE IT RESOLVED by the Jeffersonville Board of Public Works and
Safety that the City hereby intends to acquire the property as described in attached Exhibit
"A" for purposes of the project; and
IT IS FURTHER RESOLVED by the Jeffersonville Board of Public Works and Safety
that notice of this resolution shall be published in a newspaper of general circulation
published in the municipality once each week for two (2) consecutive weeks; and
IT IS FURTHER RESOLVED by the Jeffersonville Board of Public Works and Safety
that on the 1st day of November, 2023 at 9:30 a.m. it shall receive or hear remonstrances
from persons interested in or affected by this proceeding;
IT IS FURTHER RESOLVED by the Jeffersonville Board of Public Works and Safety
that it shall consider the remonstrances, if any, and the take final action, confirming,
modifying or rescinding its original resolution at which time any action taken shall be
conclusive as to all persons.
RESOLVED (Resolution No. 2023-R- ) this ay of October, 2023.
(,t9t
Mayor Mike Moore
President, oard of Public Works and Safety
ATTEST:
6.7.5?" - ,LIL
Lisa Gill, Clerk
Prepared by:
Leslie D. Merkley
Corporation Counsel
City of Jeffersonville, Indiana
500 Quartermaster Ct., Suite 250
Jeffersonville, IN 47130
(812) 285-6493
S1121Vd a31S3H31NI GN`d
A1213d02:1d a310333V JO 1311
,,V„ 1I8IHX3
Property Address:
4906 New Chapel Rd.
Jeffersonville, IN 47130
Tax I.D. No. 10-42-02-300-113.000-039
Legal Description
Being a part of Survey No. 23 of the Illinois Grant, City of Jeffersonville, Clark County, Indiana
and intending to be all that tract of land described in Instrument 200514088 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 MAG nail marking the north corner of said Survey No. 23, and being on the
southeasterly line of Survey No. 36;thence South 54 degrees 18 minutes 38 seconds West,
716.08 feet to the True Point of Beginning;
Thence South 35 degrees 03 minutes 43 seconds East, 25.00 feet along the northeasterly line of
said tract; thence South 54 degrees 18 minutes 38 seconds West, 100.00 feet to the southwesterly
line of said tract; thence North 35 degrees 03 minutes 43 seconds West, 25.00 feet along said line
to the line dividing said Survey No. 23 and Survey No. 36; thence North 54 degrees 18 minutes
38 seconds East, 100.00 feet along said dividing line to the True Point of Beginning.
Containing 0.057 acres,more or less, inclusive of the presently existing right-of-way which
contains 0.020 acre, more or less.
All bearings in this description which are not quoted from previous instruments are based on the
bearing system for the New Chapel Sidewalk, Phase III project and as shown on the Preliminary
Plat of Route Survey recorded at Instrument 202029133 in the Clark County, Indiana Recorder's
Office.
Subject to any and all easements and restrictions of record affecting this real estate.
Owner:
Ramon Lopez and Cicilia Lopez
Other Entities with Interest in Property:
a) Mortgage dated June 26, 2015 from Ramon and Cicilia Lopez, to PNC Bank,National Association,
securing a promissory note in the amount of$73,631.52, and recorded as Instrument No. 201512291.
b) Easement dated January 7, 2000, to Clark County Rural Electric Membership Corporation, recorded
as Instrument No. 3210654.