HomeMy WebLinkAbout2025-R-1 Resolution Sustaining Damages Award for Condemnation of Certain Real Property Pursuant to IC 32-24-2 RESOLUTION NO. 2025-R- I
BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY
CITY OF JEFFERSONVILLE, INDIANA
A RESOLUTION SUSTAINING DAMAGES AWARD FOR CONDEMNATION OF
CERTAIN REAL PROPERTY 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; 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, 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;
WHEREAS, the Board adopted Resolution No. 2024-R-9, 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. and establishing January 8,
2025 as the date the Board would hear remonstrances from persons in or affected by the
condemnation, all pursuant to Indiana Code 32-24-2 et. seq.
WHEREAS, on December 17, 2024, written notice was mailed via certified U.S. mail,
postage prepaid, upon those persons in or affected by the condemnation showing the amount of
the damage award and stating that the Board would hear remonstrances from persons with regard
to the amount of damage award with aide notice also published in the News and Tribune on
December 21, 2024 and December 28, 2024 as required by Indiana Code 32-24-2-6(b); and
WHEREAS, all those persons in or affected by the condemnation were served by
evidenced of return receipt; and
WHEREAS, on January 8, 2025, after no one appeared at the hearing for remonstrances
at which time the Board recessed the hearing to January 15, 2025 and took the matter of damages
under advisement; and
NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby sustains its
damages as set forth in Resolution No. 2024-R-9, A Resolution Confirming Condemnation of
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Certain Real Property, Establishing List of Owners and Holders of Property and Awarding of
Damages Pursuant to Indiana Code 32-24-2 et. seq.; and
IT IS FURTHER RESOLVED by the Board that the Controller is hereby directed to
issue a check to the property owner in the amount as listed in Exhibit"B".
Adopted this \c of c,&Lk A NA(_, 2025.
CITY OF f
NVILLE
BOARD O WO S & SAFETY
Mike Moor , Mayor
ATTEST:
( AA')
Lisa Gi , Clerk
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EXHIBIT"A"
(LEGAL PROPERTY DESCRIPTIONS)
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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 Construction Pros LLC $22,963.00
do Ken Capps
5801 Hwy. 62, Ste 1
Jeffersonville, IN 47130
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