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HomeMy WebLinkAbout2002-R-32 RESOLUTION NO. 02-R-32 A RESOLUTION ESTABLISHING LIST OF INJURIOUSLY AFFECTED INTERESTS IN CONDEMNED PROPERTY AND ESTABLISHING DAMAGES WHEREAS, on the 16th day of September, 2002, the Board of Public Works and Safety of the City of Jeffersonville (the "Board") adopted Resolution 02-R-30, 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 Nears on September 18, 2002 and September 25, 2002 as required by Indiana Code 32-11-1.5-3(b); and WHEREAS~ said notice stated that at its regular meeting on October 7, 2002, the Board would' hear remonstrances from persons interested h~ or affected by the condemnation; and WHEREAS, no one interested in, or affected by, the condemnation appeared and questioned the procedure with regard ro the condemnation at the Board's regular meeting on October 7, 2002; WHEREAS, on October 7, 2002, the Board adopted Resolution 02-R- 31, A Resolution Confirming Condemnation of Certain Real Property Pursuant to Indiana Code 32-11-1.5 et. seq.; WHEREAS, Indiana Code 32-11-1.5 et. seq. requires that the Board prepare a list of all the owners of the condemned property; and WHEREAS, Indiana Code 32-11-1.5 et. seq. requires that the Board award damages sustained by said owners and holders of interests in the condemned property and serve written notice showing the amount of the award; and WHEREAS, the written notices must name a date the Board will receive or hear remonstrances concerning the damage awards. NOW THEREFORE~ BE IT HEREBY RESOLVED that Glenn A. Lewis and Lewis Equity Group, LLC are the owners of the property described in Exhibit A; NOW THEREFORE, BE IT HEREBY RESOLVED that Glenn A. Lewis and Lewis Equity Group, LLC have sustained, and are awarded, total damages in the amount of $350,000.00. NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board will receive and hear remonstrances with regard to the amount of the damage award at its meeting on October 28, 2002 at 9:30 a.m. and the Clerk-Treasurer is hereby instructed to serve personal notice upon G!.enn A. Lewis, and Lewis Equity Group, LLC by service by Certified Mail on attorney John H. Brooke, Brooke & Cloyd, 112 E. Gilbert, P.O. Box 1071, Muncie, IN 47308-107, attorney for Glenn A. Lewis and Lewis Equity Group, LLC. Adopted this / 6/ o f October, 2002. ATTEST: Peggy Clerk - Treasurer CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS & SAFETY Gall(iga%, l~or PARCEL 1 EXHIBIT 'A' DESCRIPTION OF TWO PARCELS GLENN A. LEWIS A part of Block No. 116, as shown on map on plat made by Jeffersonville Association, recorded in Plat Book 3, pages 16 and 17 in the Recorder's Office of Clark County, Indiana and bounded as follows: Beginning at the southwest corner of said Block No. 116 at the intersection of Spring and i0~h Street, sometimes called Ekin Avenue, running thence northwardly along the east side of Spring Street 71 feet and extending back eastwardly of that:wi&h throughout, the north line parallel with and the south line binding on the north line of l0Th Street 60 feet, and containing approximately 0.098 acres of land. Also, a part of Block No. 116 of C.R. Milne's map of Jeffersonville, Indiana, as recorded in Plat Book 3, page 17 of the Clark County Record of Plats and being more fully described as follows, to-wit: Commencing at the southwesterly corner of said Block No. 116 at the intersection of the easterly line of Spring Street with the northerly line of East l0th Street; thence North 54 deg. 30 min. East along the northerly line of East l0th Street, 60 feet to an iron pipe which is the True Place of Beginning of land to be herein described; thence North 35 deg. 33 min. West along the easterly line of a parcel of land heretofore conveyed to the Gulf Refining Company by deed recorded in Deed Record No. 125, page 292 of the Clark County Record of Deeds, 71 feet to an iron pipe; thence North 54 deg. 20 min. East parallel to the northerly line of said East 10~h Street, 50 feet to an iron pipe; thence South 35 deg. 30 min. East parallel with the easterly line of Spring Street 71 feet to an iron pipe on the northerly line of East l0Th Street; thence South 54 deg. 20 min. West, 50 feet to the True Place of Beginning and containing 0.081 acres of land. Subject to any and all easements and/or restrictions of record relative to the above described real estate. DESCRIPTION OF A PARCEL LEWIS EQUITY GROUP, LLC Being part of Block No. 116 in the City of Jeffersonville, said State, Clark County, bounded thus: Beginning at a point on the east line of Spring Street, 71 feet north of the southwest corner of said Block; thence northwardly along the west line of said block, 136.7 feet; thence at right angles eastwardly 178 feet; thence at right angles southwardly 136.7 feet to a stake 71 feet northwardly from the north line of Tenth Street on a line parallel with the west line of said Block; thence westwardly at fight angles i78 feet to the place of beginning, and containing 0.558 acres of land. Excepting therefrom, a part of Block No. 116 in the City of Jeffersonville of Clark County, Indiana, being a part of the same land conveyed to Murphy Corporation at Deed Record 248, page 330 and bounded as follows: Commencing at the south corner of said Block No. 116, thence the following courses: North 40 deg. 00 min. West, 71.0 feet with the easterly line of Spring Street to a drill hole; North 49 deg. 52 min. 38 sec East, 153.0 feet with the southerly line of the land of said Murphy Corporation and parallel to Tenth Street to an iron in which is the true place of beginning. Thence the following courses of the boundary: North 43 deg. 46 min. 15 sec. West, 136.91 feet severing the land of the grantor to an iron pin in his northern boundary; North 49 deg. 52 min. 38 sec. East, 34.00 feet with said northern boundary to an iron pipe in Marhoefer's westerly line; South 40 deg. 00 min. East, 136.70 feet with said Marhoefer's line to a drill hole, the grantor's most easterly corner; South 49 deg. 52 min. 38 sec. West 25.00 feet with said grantor's southern line to the true place of beginning and containing 0.092 acres of land. The net area of land after the exception is 0.466 acres. These descriptions were obtained from the recorded deeds. Z 178' 144' LEWIS EQUITY GROUP, LLC INST..321 0789 0.466 ACRES 153' Z GLENN DD 31, PARC r'- 0.098 ACRES ,. LEWIS qST. 2556 _ 1 ...I F-- 0.081 ACRES ,34' 25' 60' 50' /~/ lOth STREET (OLD $.R. 62) 60' R/W 0 50 60 THIS PLAT WAS PREPARED FROM PUBLIC RECORDS AND A LIMITED FI_ELD SURVEY. Scale 1" = 30' P .~A'][' 0]? THAT pART OF BLOCK NO. 116 IN THE CITY OF JEFFERSONVILLE, INDIANA s~E: 1- = ~o,I DATE: 8-14-02I DRAWN: K.LP.