HomeMy WebLinkAbout2024-R-8 Resoliution Concerning Acquisition of Property for Proposes of Public Right of Way Pursuant to I.C. 32-24-2-5 RESOLUTION NO. 2024-R-
BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY
JEFFERSONVILLE,INDIANA
A RESOLUTION CONCERNING ACQUISITION OF PROPERTY FOR PURPOSES
OF PUBLIC RIGHT OF WAY PURSUANT TO I.C.32-24-2-5
WHEREAS, the City of Jeffersonville, Indiana (the "City"), by and through its Sanitary
Sewer Board (the "Sewer Board"), intends to perform certain public infrastructure improvements
along Highway 62 (the"Project'); and
WHEREAS, it is necessary to acquire right of way for the project; and
WHEREAS,the Sewer Board has designated the Jeffersonville Board of Public Work and
Safety(the"BPW") as the purchasing agent for acquiring right of way for the project; and
WHEREAS,pursuant to I.C. 32-24-2-6 the BPW hereby states its desire to acquire certain
property for purposes of right of way related to the project; and
WHEREAS, the property that may be injuriously or beneficially affected is further
described in attached Exhibit"A"; and
NOW THEREFORE BE IT RESOLVED by the Jeffersonville Board of Public Works
and Safety that the City, by and through the Sewer Board, 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 a copy of this resolution shall be mailed to the owner of each piece of property affected by the
proposed acquisition as listed in attached Exhibit"B"; and
IT IS FURTHER RESOLVED by the Jeffersonville Board of Public Works and Safety
that on the 11`h day of December, 2024 at 9:30 a.m. it shall receive or hear remonstrances from
persons interested in or affected by this proceeding; and
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.
SO RESOLVED this day of October, 2024.
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Mayor Mike Moore
President, Board of Public Works and Safety
ATTEST:
Lisa Gill, Clerk
Prepared by:
Leslie D. Merkley (Atty. #19851-10)
Corporation Counsel
City of Jeffersonville, Indiana
500 Quartermaster Ct., Suite 250
Jeffersonville, IN 47130
(812) 285-6493
lmerkley@cilyofjeff.net
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EXHIBIT "A"
LEGAL DESCRIPTION
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12-FOOT SANITARY SEWER EASEMENT
ACROSS THE LANDS OF
QUALITY CONSTRUCTION PRO LLC
A 12-foot wide Sanitary Sewer Easement being a part of Survey No. 37 of the Illinois Grant,City
of Jeffersonville, Clark County, Indiana and being a part of the land conveyed to Quality
Construction Pro LLC as recorded in Instrument 201224574 in the Office of the Recorder,Clark
County,Indiana,being more particularly described as follows:
Commencing at the west corner of Survey No. 37, also being the north corner of Survey No.
36;thence along the line dividing said Surveys,South 35°34'42"East,2620.76 feet to the westerly
right- of-way line of State Highway No. 62; thence along said right-of-way line, North
17°37'03"East, 1526.43 feet to the True Point of Beginning;
Thence along the southwesterly line of said tract, North 35°44'20" West, 14.96 feet; thence
North 17°37'03" East, 32.04 feet; thence North 72°22'57" West, 10.00 feet; thence North
17°37'03"East,
160.00 feet;thence South 72°22'57"East, 10.00 feet;thence North 17°37'03" East,36.92 feet to
the southwesterly line of a tract of land conveyed to Sprigler Holdings LLC by Instrument
201706821;thence along said line, 15.92 feet along the arc of a curve to the left having a radius
of 478.34 feet and a chord which bears South 31°18'29" East, 15.92 feet to the westerly right-
of-way of State Highway No. 62;thence along said right-of-way, South 17°37'03" West, 38.46
feet to the northeasterly corner of a tract of land conveyed to the State of Indiana by Instrument
201012398; thence along the northeasterly line of said tract,North 72°22'57" West, 10.00 feet
to the northwesterly corner of said tract;thence along the southwesterly line of said tract, South
17°37'03" West, 136.00 feet to the southwesterly corner of said tract; thence along the
southwesterly line of said tract,South 72°22'57"East, 10.00 feet to the westerly right-of-way of
State Highway No. 62;thence along said right-of-way, South 17°37'03" West, 52.97 feet to the
True Point of Beginning. Containing 2,978 square feet.
Also, a 10' wide Temporary Construction Easement (2,498 square feet) as shown on Exhibit
"B", which shall revert back to the owner upon completion of the construction.
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EXHIBIT"A"
(LIST OF ALL PROPERTY OWNERS OR HOLDERS OF THE AFFECTED PROPERTY)
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Quality Construction Pros LLC
do Ken Capps
5801 Hwy. 62, Ste 1
Jeffersonville, IN 47130
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