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HomeMy WebLinkAbout2002-R-15RESOLUTION NO. 02-R- / ~ A RESOLUTION CONFIRMING CONDEMNATION OF CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE 32-11-1.5 et. seq. WHEREAS, on the 25th day of February, 2002, the Board of Public Works and Safety of the City of Jeffersonville (the "Board") adopted Resolution 02-R-12, A Resolution 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 March 21, 2002 and March 28, 2002 as required by Indiana Code 32-11-1.5- 303); and WHEREAS, said notice stated that at its regular meeting on February 25, 2002, the Board would hear remonstrances from persons interested in or affected by the condemnation; and '~ WHEREAS, Gordon and Martha Gutmann, persons interested in, or affected by, the condemnation appeared and questioned the procedure with regard to the condemnation at the Board's regular meeting on April 8, 2002; NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby confmaas its original Resolution condemning and appropriating for the use of the City of Jeffersonville (the "City") the property located as a part of Survey No. 22 of the Illinois Grant of Clark County} Indiana, being a part of the same tract conveyed to Gordon L. and Martha Gutmann at Deed Drawer 23, Instrument No. 3219, as described in Exhibit "A"; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the real estate as a part of Survey No. 22 of the Illinois Grant of Clark County, Indiana, being a part of the same tract conveyed to Gordon L. and Martha Gutmann at Deed Drawer 23, Instrument No. 3219, as described in Exhibit "A" is hereby conveyed to the ~ity; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Clerk-Treasurer 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 as a part of the Survey No. 22 of the Illinois Grant of Clark County, Indiana, being a part Of the same tract conveyed to Gordon L. and Martha Gutmann at Deed Drawer 23, Instrument No. 3219, as described in Exhibit "A"; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board shall promptly prepare a list of affected property owners, award damages sustained to the property, and pay damages on the affected property, all as required by Indiana Code 32-11-1.5-1 etseq.; and Adopted this 8th of April 2002. A2TEST: CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS & SAFETY., · Galligan, My~or PeggyC~der Clerk - Treasurer PARCEL NO. 3 EXHIBIT 'A' DESCRIPTION OF SEWER, DRAINAGE AND PUBLIC UTILITY EASEMENT ACROSS THE LANDS OF DAVID J. HAAG AND PATRICIA L. HAAG A part of Survey No. 22 of the Illinois Grant in Jeffersonville Township of Clark County, Indiana, being a part of the same tract conveyed to David J. Haag and Patricia L. Haag at Deed Drawer 21, Instrument No. 7755 and bounded as follows: Commencing at a point in the Old Plank Road (now 10~ Street) and on the original line dividing Surveys No. 22 and 23 of said Illinois Grant, thence the following courses: South 21 deg. 07 min. West, 2338.05 feet to a point; Leaving said centerline South 40 deg. 00 min. East, 77.09 feet to a point in the east line of 10~ Street and the lands of Haag; South 40 deg. 00 min. East, 338.13 feet with the line of Campbell, as recorded in Deed Drawer 26, Instrument No. 8194 to a point; · North 48 deg. 48 min. 08 sec. East, 122.10 feet to a point in the line of the tract conveyed to Henry C. and Leah R. Durra in Deed Drawer 11, Instrument No. 12711; With said line of Dunn, South 40 deg. 00 min. East, 410.05 feet to a point; North 50 deg. 00 min. East, 82.00 feet to a point in the line of the tract conveyed to Marvin and Marie Meek in Deed Record 285, page 436 and Deed Record 259, page 71; With said line of Meek, South 39 deg. 27 min. 47 sec. East, 315.07 feet to the Point of Beginning . of the centerline of a twenty (20) foot wide Sewer, Drainage and Public Utility Easement. Thence the following courses of the centerline of said 20' easement: North 41 deg. 48 min. 38 sec. West, 302.71 feet, more or less; South 50 deg. 00 min. 00 sec. West, 81.99 feet, more or less; North 40 deg. 00 min. 00 sec. West, 409.78 feet, more or less, to the terminus of the 20' wide Sewer, Drainage and Public Utility Easement; Thence the following courses of the centerline of said 15' easement: South 48 deg. 48 min. 09 sec. West, 83.88 feet, more or less; South 16 deg. 46 min. 51 sec. West, 281.48 feet, more or less; South 80 deg. 47 min. 30 sec. West, 13.91 feet, more or less, to a point in the southeasterly line of the tract conveyed to Gordon and Martha Gutmann in Deed Drawer 23, Instrument No. 3219, said point being the terminus of said fifteen (15) foot wide easement. ALSO, a twenty (20) foot wide Temporary Construction Easement all along and adjacent to both sides of the described 15 foot easement, and a 15 foot wide Temporary Construction Easement on the south side of the described 20 foot easement. Upon completion of the project, the Temporary Construction Easement shall revert to the Owner. Tlae intent of this description is to describe a fifteen (15) and twenty (20) foot wide easement, centered upon the sewers as installed. The Horizontal Datum/Basis of Bearings for this plat and description were derived from the recorded bearing of the northeasterly line (South 40 deg. 00 min. East) and a route survey performed by Jacobi, Toombs and Lanz, Inc. ~ FORCE MAIN -"q F"'- 2'5~ ~ EASEMENT-" TYPICAL DETAIL KEITH ANDY CAMPBELL 48'48'08" E 122.10' 48°4.8/09': as. aa G. & LEAH R, DUNN D.D. 11, INST. 12711 Z IRON PIPE FOUND DAVID d. & PATRICIA L. HAAG D.D. 21, INST. 7755 STO N E FOUND S 50" a99' ~/¢ 20' SE~rER, & PUBLIC UTILITY EASEMENT N 4~°48'sa'' so2.?~' 15' TEMPORARY..~ , CONST. EASEMENT 947.24' S 53'50'00" W IRON PIPE' STEVEN E. KLEIN D.D. ,.31, INST. 9725 FOUND © 0.5' N, 0.4' W 50'00'00" E 82.00' RALPH MEEK TOM E. MEEK MARLENA SUE MEEK RHOADS dOYCE MEEK EDSELL (1/4 EA.) W.D. 31, INST. 22042 ITPOB DAVID J. & PATRICIA L. HA,AG BEING A PART OF SURVEY #22 OF THE ILLINOIS GRANT CLARK COUNTY INDIANA Parcel 3 CONSULTING ENGINEERS 120 BE~ A~ C~, ~A 47130 (81~) 288-6646 JOE~ No. 9605D