HomeMy WebLinkAbout2002-R-24RESOLUTION NO. 02- R-
A RESOLUTION CONFIRMING DAMAGES FOR
CONDEMNATION
OF CERTAIN REAL PROPERTY PURSUANT TO
INDIANA CODE 32-11-1.5 et. seq.
WHEREAS, on February 25, 2002, the Board of Public Works and Safety of
the City of Jeffersonville ("the Board"), adopted Resolution No. 02-R-12
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 required by Indiana Code 32-11-1.5-3(b);
and
WHEREAS, said notice stated that at its regular meeting on April 8, 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 remonstrated with regard to the
condemnation at the Board's regular meeting on April 8, 2002;
WHEREAS, on April 8, 2002, the Board adopted Resolution No. 02-R-15, A
Resolution Confirming Condemnation of Certain Real Property Pursuant to
Indiana Code 32-11-1.5 et. seq.; and
WHEREAS, on April 15, 2002, the Board adopted Resolution No. 02-R-19, A
Resolution Establishing List of Injuriously Affected Interests in Condemned
Property and Establishing Damages; and establishing April 29, 2002 as the date
the Board would hear remonstrances from persons interested in or affected by
the condemnation, all pursuant to Indiana Code 32-11-1.5 et. seq.
WHEREAS, on April 25, 2002, written notice was personally served upon the
o~vner of each piece of property, showing the amount of the damage award and
stating that the Board Would hear remonstrances from persons with regard to
the amount of their damage award; and
WHEREAS, because the notice was not delivered (10) ten days in advance of
the heating, therefore on April 29, 2002, the Board postponed the
remonstrance heating to May 6, 2002;
WHEREAS, on May 6, 2002, after heating remonstrances ~rom Gordon and
Martha Gutmann, the Board adopted Resolution 02-R- rPq , Confirming
Damages for Condemnation of Certain Property pursuant to Indiana Code 32-
11-1.5 et. seq.; and
NOW THEREFORE, BE IT HEREBY RESOLVED that the Board
hereby confrrms its damage award to Gordon and Martha Gutmann in the
amount of$ ~/~/r'0. ~0 as set out in its Resolution 02-R-19; and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that
the Board hereby presents to Gordon and Martha Gutmann, a Certificate of
Damages in the amount of $ 0~//2~- ~ that may be presented to the
Clerk-Treasurer for payment of the damages awarded.
Adopted this ~ day of May 2002.
CITY OF JEFFERSONVILLE
Thomas R. G alli~~
¥
Rob Wa
Peggy Wi~'-) 0
Clerk/Treasurer
PARCEL NO. 2,
EXIHIBIT (A'
DESCRIPTION OF
SEVFER, DRALNAGE AND PUBLIC UTILITY EASEMENT
ACROSS THE LANDS OF
GORDON L. & MARTHA GUTMANN
A part of Survey/~r22 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, lmstmment No. 3219 and bounded as follows:
Commencing at a stone in the center of ~he Old Plank Road (now 10~ Street) and on the 1ine
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;
Leaving said centerline, South 38 deg. 00 min. East, 80.86 feet to a point in the east line of 10t~
· Street (135' R/W), which is the west comer of said Gutmarm 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 Haag in Deed Drawer
21, Instrument No. 7755, said point being the terminus of said fifteen (15) fpot wide
easement, and being South 15 deg. 21 min. 08 sec. West, 62.93 feet from Gutmann's
east comer.
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
performed by Jacobi, Toombs and Lanz, Inc.
GORDON L.
&: MARTHA
GUTMANN
D.D. 25, INST...3219
_6.._ FORCE MAIN
EASEMEN -
TYPICAL. DETAIL
~5' SEtCER,
DRAINAGE & PUBLIC
UTILITY. EASEMENT
20'
3.66'
'70'01'55" E
~2.93'
~ 79°21'47'' E
~ ~ ~5' ~5£.05'
EASEMENT
DAVID d. ~
PATRICIA L. HAAG
D.D. 21, INST. 7755
MICHAEL S. RUMPEL
D.D. 21, INST. 11164
CERTIFICATE OF DAMAGES
This Certificate of Damages, in the amount of $(~/~ ~ , is
awarded this 6th day of May, 2002 to Gordon and Martha Gutmann, 2200 Utica
./
Pike, #1, Jeffersonville, Indiana, pursuant to Resolution No. 2002-R-~/'//
Presentation of this Certificate of Damages to the Jeffersonville Clerk-Treasurer
entities Gordon and Martha Gutmann to a warrant in the amount stated above.
CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS & SAFETY
ThoYhas R. Gallig~n~ M~yo~-~'
Rob W~
ST:
Clerk/Treasurer