HomeMy WebLinkAbout2024-R-9 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 DULY ENTERED FOR;AXAT:C.\: 202425674 ORC? $25.00
SUBJECT TO FINAL A;;CE=raw 12/18/2024 01:03:42P 6 PGS
FOR TRANSFER Steve Gill
Clark County Recorder IN
Recorded as Presented
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Auditor,Clark County
RESOLUTION NO. 2024-R- CA
BEFORE 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 October 23, 2024 the Board of Public Works and Safety of the City of
Jeffersonville (the "Board") adopted Resolution 2024-R-8, A Resolution Concerning Acquisition
of Property for Purpose of Public Right of Way Pursuant to I.C. 32-24-2-5" for public
infrastructure improvements on behalf of the Jeffersonville Sanitary Sewer Board 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 October
26, 2024 and November 9, 2024 as required by Indiana Code 32-24-2-6(b); and
WHEREAS, notice of the resolution was mailed to the owner of each piece of property
affected by the proposed acquisition; and
WHEREAS, said notice stated that at its regular meeting on December 11, 2024, 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 December 11, 2024;
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
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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
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
January 8, 2024 at 9:30 a.m. in the Mayor's Conference Room on the 2"d 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.
Adopted this l i of 1✓2 C J(AA. .t; , 2024.
CITY OF JEFF, 0 ILLS
BOARD OF P �it LIC ORKS & AFETY
Mike Moore, ayor
ATTEST:
< 14t:tt. f3Cif
Lisa Gill, Clerk
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EXHIBIT "A"
(LEGAL PROPERTY DESCRIPTIONS)
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a(cc/ 44 104a-63-700-006, a0 --035
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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 "B"
(LIST OF ALL OWNERS OR HOLDERS OF THE AFFECTED PROPERTY
INCLUDING AWARD OF DAMAGES)
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Owner Damages
Quality Constructions Pros LLC $22,963.00
c/o Ken Capps
5801 Hwy. 62, Ste 1
Jeffersonville, IN 47130
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