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HomeMy WebLinkAbout2002-R-16RESOLUTION NO. 02-R- ]~ A RESOLUTION CONFIRMING CONDEMNATION OF CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE 32-11-1.5 et. seq. WHEREAS, on the 25~ day of February, 2002, the Board of Public Works and Safety of the City of Jeffersonville (the "Board") adopted Resolution 02-R-11, 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 EveningNe~vs on March 21, 2002 and March 28, 2002 as required by Indiana Code 32-11-1.5-3(b); 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, David and Patricia Haag, 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 confirms 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 David J. Haag and Patricia L. Haag at Deed Drawer 21, Instrument No. 7755, 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 David J. Haag and Patricia L. Haag at Deed Drawer 21, Instrument No. 7755, as described in Exhibit "A" is hereby conveyed to the City; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Clerk-Treasurer shall record a copy of this Con£Ltming 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 David J. Haag and Patricia L. Haag at Deed Drawer 21, Instrument No. 7755, 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. ATTEST: CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS & SAFETY ~homas R. Galligan, MaTo~ Clerk - Treasurer 2 .. PARCEL NO. 2 EXIHIBIT ~A~ DESCRIPTION OF SEWER, DRAEqAGE AND PUBLIC UTILITY EASEMENT ACROSS THE LANDS OF GORDON L. & MARTHA GUTMANN A part of Survey g22 of the Illinois Grant in Jeffersonville Township of Clark County, Indiana, being a part of the same tract conveyed to Gordon L. and Martha Gutmann at Deed Drawer 23, Instrument..N0. 3219 and bounded as follows: Commencing at a stone in the center of ihe Old Plank Road (now 10a Street) and on the l'ine dividing Surveys No. 22 and 23, thence the following courses: South 21 deg. 20 min. West with the center of said road 2499.75 feet to a point; South 18 deg. 45 min. West with the center of said road 336.94 feet to a point; . 0t~ Leaving said centerline, South 38 deg. 00 min. East, 80.86 feet to a point in the east line of 1 . Street (135' P/W), which is the west comer of said Gutmann tract; South 38 deg. 00 min. East, 74.57 feet to the Point of Beginning of the centerline of a fifteen (15) foot wide Sewer, Drainage and Public Utility Easement. Thence the following courses of the centerline of said easement: South 70 deg. 01 min. 53 sec. East, 104.15 feet, more or less; North 79 deg. 21 min. 47 sec. East, 152.03 feet, more or less, to a point in the dividing line of .said Gutmann tract and the tract conveyed to David and Patricia Hang in Deed Drawer 21, Instrument No. 7755, said point being the terminus of said fifteen (15) fgot wide from Gutmann's easement, and be~no South 15 deg. 21 min. 08 sec. West, 62.93 feet east corner. ALSO, a twenty (20) foot wide Temporary Construction Easement all along and adjacent to both sides of the described easement. Upon completion of the project, the Temporary Construction Easement shall revert to the Owner. The intent of this description is to describe a fifteen (15) 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 southwesterly line (South 38 deg. 00 min. East) and a route survey peffonued by Jacobi, Toombs and Lanz, Inc. 15' GORDON L. & MARTHA GUTMANN D.D. 25, INST. 5219 ,~ FORCE MAIN EASEMENT- TYPICAL. DETAIL rS' SEFER, DRAINAGE & PUBLIC UTILITY- EASEMENT 20' EA 70°01'53'' E 104.15' ~ 2.93' ~ ~, 15' EASEMENT 7,9o2f47'' E 15,8.03' DAVID J. &: PATRICIA L. HAAG D.D. 21, INST. 7755 MICHAEL S. RUMPEL D.D. 21, INST. 1116~- SC.N~I .100 ~