HomeMy WebLinkAbout2002-R-25RESOLUTION NO. 02~ R-a{
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-I 1
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, David and Patricia Haag, 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-16, A
Resolution ConfLrming 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-20, 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, xvritten notice was personally served upon the
owner 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 hearing, therefore on April 29, 2002, the Board postponed the
remonstrance heating to May 6, 2002;
WHEREAS, on May 6, 2002, after heating remonstrances from David and
Patticia Haag, the Board adopted Resolution 02-R- ~5'- , 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 confirms its damage award to David and Patricia Haag in the amount of
$ ,7., q~l~, ~r0 as set out in its Resolution 02-R-20; and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that
the Board hereby presents to David and Patricia Haag, a Certificate of
Damages in the amount of $ 7; .~30. o~ that may be presented to the
Clerk-Treasurer for payment of the damages awarded.
Adopted this ~ day of May 2002.
CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS & SAFETY
R. Galligan, ayo~,//
t~ST:
Peggy WSZt~I c~k.5
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 10z
Street and the lands of Haag;
South 40 deg. 00 min. East, 338.13 feet with the iine 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. Dunn 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 Beg~nnlng
. 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, 8l .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.
T~ne 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.
CERTIFICATE OF DAMAGES
This Certificate of Damages, in the amount of $ ~f ~'~D. ~>~ ,
is
awarded this 6th day of May, 2002 to David and Patricia Haag, 2608 Ebenezer
Church Road, Memphis, Indiana, pursuant to Resolution No. 2002-R-
Presentation of this Certificate of Damages to the Jeffersonville Clerk-Treasurer
entitles David and Patdcia Haag to a warrant in the amount stated above.
CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS & SAFETY
Thor~as R. Galligan, M'ayo, r/-~
ATTEST:
Peggy
Clerk/Treasurer