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Home My WebLink About2002-R-14 RESOLUTION NO. 2002- R-14 A RESOLUTION CONFIRMING DAMAGES FOR CONDEMNATIONOF CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE 32-'11-1.5 et, seq. WHEREAS, on November 26, 2001 the Board of Public Works and Safety of the City of Jeffersonville ("the Board") adopted Resolution No. 11, Condemning Certain Real Property Pursuant to Indiana Code 32-11-1.5 et seq. 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 Evening News on December 13, 2001 and December 20, 2001 as required by Indiana Code 32- 11-1.5-3(b); and WHEREAS, said notice stated that at its regular meeting on January 7, 2002, the Board would hear remonstrances from persons interested in or affected by the condemnation; and WHEREAS, no one interested in, or affected by, the condemnation appeared to remonstrate against the condemnation on January 7, 2002, the Board adopted Resolution 02-R-1 confirming condemnation of the real property described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, on January 14, 2002 the Board adopted Resolution 02-R-3, A Resolution Establishing List of Injuriously Affected Interests in Condemned Property and Establishing Damages; and establishing February 4, 2002 as the date the Board would hear remonstrances, all pursuant to Indiana Code 32-11- 1.5 et. seq. WHEREAS, on January 16, 2002 the Board served a written notice personally upon each owner of the real property described !n Exhibit "A", showing the amount of the damage award and stating that the Board would hear remonstrances with regard to the amount of the damage award at its regular meeting on February 4, 2002 at 9:30 a.m.; and WHEREAS, on February 4, 2002, Trustees of Resurrection Ministries, appeared before the Board to remonstrate against the condemnation; WHEREAS, on February 4, 2002, the Trustees of Resurrection Ministries appeared through the Rev. Evaline and Attorney, John R. Vissing and filed a written remonstrance; WHEREAS, on February 4, 2002, the Board heard from Project Engineer Jorge Lanz, Rev. Evaline and Attorney John R. Vissing and voted to continue the remonstrance hearing to March 11, 2002; WHEREAS, on March 11, 2002, after hearing from Rev. Evaline, Attorney John R. Vissing, Project Engineer Jorge Lanz, and William D. White, Indiana Certified General Appraiser, the Board voted to continue the remonstrance hearing to March 18, 2002. WHEREAS, on March 18, 2002, after hearing testimony from William D. White, Indiana Certified General Appraiser, the Board approved the Resolution Confirming Damages For Condemnation of Certain Property Pursuant to Indiana Code 32-11-1.5 et. seq. NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby increases its damage award to the Trustees of Resurrection Ministries to the total amount of $185,550.00, an increase of $27,655.00 from the damages as set out in its Resolution 02-R-3; and in addition, the Trustees of Resurrection Ministries are entitled to receive the amount of $20,000.00 for relocation expenses after the Trustees of Resurrection Ministries remove all personal property from the buildings located on the property described in Exhibit A. NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board hereby presents to the Trustees of Resurrection of Ministries, a Certificate of Damages in the amount of $185,550.00 that may be presented to the Clerk- Treasurer for immediate payment of the damages awarded; and a Certificate of Damages in the amount of $20,000.00 that may be presented to the Clerk- Treasurer for payment of the relocation expenses. Adopted this 18th day of March 2002. CITY OF JEFFERSONVILLE Thomas R./~lgan,~r / Rob Waiz/ A~EST: Cler~reasurer & SAFETY H:\Legal\Department of Redevelopment\Project $\lnt ercit y Roao~C ondemn ations\Third ResolutionConfirmingResurrectionMinistriesDarnagesMarch 18.doc ICRP PARCEL NO. J-13 AND $-13A EXI-IIBIT 'A' DESCREPTION OF RIGHT-OF-WAY PARCELS FROM TRUSTEES OF RESURRECTION MINISTRIES, INC. A part of Survey 34 of the Illinois Grant in Clark County, Indiana, part of the tract of land conveyed to Trustees of Resurrection Ministries, Inc. at Deed Drawer 28, Instrument No. 22116 and described as follows: PARCEL J-13: PERMANENT RIGHT-OF-WAY Beginning at a point in the northwesterly ri~ht-of-way line of New Albany-Charlestown Pike which is the southerly comer of the owner's tract, thence the courses of the boundary: North 35 deg. 13 min. 32 sec. West, 74.34 feet with the southwesterly line of said owner's tract to a point, thence northeastwardly 182.42 feet along a curve to the left having a radius of 1380.88 feet and which is subtended by a long chord bearing .North 64 deg. 46 min. 03 sec. East, 182.28 feet to a point in the southwesterly line of a tract of land conveyed to Martin and Joan Ruff at Deed Drawer 24, Instrument 9586; South 35 deg. 00 min. 00 sec. East, 42.69 feet with said line to a point in the northwesterly line of New Albany-Charlestewn Pike; South 50 deg. 04 min. 01 sec. West, 62:82 feet with said right-of-way line to a point; South 54 deg. 49 min. 50 sec. West, 50.00 feet with said line to a point; South 59 deg. 07 min. 36 sec. West, 66.94 feet with said line to the True Point of Beginning and contah-fing 0.246 acres of land, more or less. PARCEL J-13A: TEMPORARY RIGHT-OF-WAY Also, a temporary construction easement in and to the following described real estate, to wit: Beginning at a point in the southwesterly line of the above referenced owner's tract which is North 35 deg. 00 min. 00 sec.~ West, 74.34 feet from the northwesterly right-of-way line of New' Albany-Charlestown Pike, thence the following courses of the boundary: North 35 deg. 13 min. 32 sec. West, 61.86 feet with the southwesterly line of said owner's tract to a point; North 67 deg. 13 min. 13 sec. East, 90.85 feet to a point; South 86 deg. 04 min. 49 sec. East, 117.08 feet to a point in the southwesterly line of a tract of land conveyed to Martin and Joan Ruff at Deed Drawer 24, Instrument 9586; thence southwestwardly 182.42 feet along a curve to the right having a radius of 1380.88 feet and which is subtended by a long chord bearing South 64 deg. 46 min. 03 sec. West, 182.28 feet to the True Point of Begirafing and containing 0.191 acres of land, more or less. This temporary easement shall revert to the owner upon completion of the above-referenced project. ' The Horizontal DaturrdBasis of Bearings for this right-of-way plat and description were comprised from a route survey performed by Jacobi, Toombs and Lar~z, Inc. for the Intercity Road Project, Clark County, Indiana. RES~OUAL--3.743 ACRES T~MPO"A*~ ~/W=O.~e~ ^C~ES Z 0 0 ~ rw ~o5 Z_z_ 0:2 '-t- 20O Scole 1" = 100' 0 1 O0 RIGHT-OF-WAY PLAT FOR CITY OF JEFFERSONVlLLE, INDIANA INTBCITY ROAD PRgJECT PARCEL J-13 & J-13A TRUSTEES OF RESURRECTION I~INISTRIE JACOBL TOOMB$ &: LAh'Z. INC. CONSULTING 120 B~-LL AVENUE CLA~'~,T,~ INDIANA' (~.) ~-~ EXHIBIT .CERTIFICATE OF DAMAGES This Certificate of Damages, in the amount of $185,550.00, is awarded this 18th day of March 2002 to the Trustees of Resurrection Ministries, Inc., Attn: Reverend Evaline, 2209 New Albany-Charlestown Pike, Jeffersonville, Indiana, pursuant to Resolution No. 2002-R-14. Presentation of this Certificate of Damages to the Jeffersonville Clerk-Treasurer entitles the Trustees of Resurrection Ministries, Inc., Attn: Reverend Evaline, to a warrant in the amount stated above. ',CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS & SAFETY Thomas R. Galliga~ M~yorf / ATTEST: Peg[~y~ ~/ der Clerk/Treasurer CERTIFICATE OF DAMAGES This CertifiCate of Damages, in the amount of $20,000.00 for relocation expenses, is awarded this 18th day of March 2002 to the Trustees of Resurrection Ministries', Inc., Attn: Reverend Evaline, 2209 New Albany- Charlestown Pike, Jeffersonville, Indiana, pursuant to Resolution No. 2002-R~14. Presentation of this Certificate of Damages to the Jeffersonville Clerk-Treasurer entitles the Trustees of Resurrection Ministries, Inc., Attn: Reverend Evaline, to a warrant in the amount stated above. CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS & SAFETY B Thbrflas R. Galligan, Mayor ATTEST: Pe~/~Wilder Clerk/Treasurer