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HomeMy WebLinkAbout2000-R-12RESOLUTION NO. 2000- A RESOLUTION CONFIRMING DAMAGES FOR CONDEMNATION OF CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE 32-11-1.5 et. seq. WHEREAS, on July 3, 2000 the Board of Public Works and Safety of the City of Jeffersonville ("the Board") adopted 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 July 6 and July 13, 2000 as required by Indiana Code 32-11-1.5-3(b); and WHEREAS, said notice stated that at its regular meeting on July 24, 2000 the Board would hear remonstrance's from persons interested in or affected by the condemnation; and WHEREAS, on July 10, 2000 the Board adopted Resolution 99-R-11, Resolution Establishing List of Injuriously and/or Beneficially Affected Interests in Condemned Property and Establishing Damages; and A WHEREAS, on July 13, 2000 the Board had a written notice personally served upon the attorney for the owner of the property described in Exhibit "A", showing the amount of the damage award and stating that the Board would hear remonstrance's from persons with regard to the amount of their damage award at its regular meeting on July 24, 2000; and WHEREAS, Dr. and Mrs. Zaka Rahman did not appear with regard to the condemnation or with regard to their damage award at the Board's regular meeting on July24, 2000; NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby confirms its damage award to Dr. and Mrs. Zaka Rahman in the amount of $5,050.00 as set out in its Resolution 2000-R-11; NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board shall submit a claim for payment of the damages awarded to the Clerk/Treasurer who shall pay said claim to the above claimant as required by law. Adopted this 24th day of July, 2000. CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS & SAFETY Thomas R. Gall~ga , ~ Bob Miller Dennis Frantz ATTEST: t Clerk/Treasurer M:\Legal\SEWER\Projects~Annexation Area 5\Resolution Confirming Damages for Winchell and Rahman Condemnation.doc PARCEL 5 · EXHIBIT 'A' DESCRIPTION OF SEWER, DRAINAGE AND UTILITY EASEM~ENT ACROSS THE LAND OF ZAKA U. AND R, ,UKHS~A I. RAItMAN A part of Survey No. 34 of the Illinois Grant of Clark' ~ounty, Indiana being a part of the same tract conveyed to Zaka U. and Rukhsana I. Rahman a~'Deed Drawer 21, Instrument No. 11068 and Deed Drawer 24, Instrument No. 4004 and bounded as roi.lows: Commencing at a point in the dividing line of said Rahman and a tract conveyed to Hussain at Deed Drawer 21, Insmmaent No. 12801 which marks the northerly most coruer of said Rahman tract, thence the following courses: South 35 deg. 58 min. 17 sec. East, 496.90 feet, more'or less, along said dividing line to the centerline of said 20' wide easement, the True Place of Beginning. Thehfie the following courses of the said centerline of said easement: North 68 deg. 44 min. 33 sec. East, ~39.46 feet, more or less, leaving said dividing line, mrming to a point in the westerly line of a tract conveyed to Gelback at Deed Drawer 30, Instrument No. 24071, being the point of terminus; Said point being South 35 deg. I0 min. 28 sec. East, 360.54 feet, more or less, from a point being the westerly most coruer of said Gelback tract; Subject ~o a 20 foot wide Temporary Construction Easement all along and adjacent to both sides of the above described easement: x Upon completion of the project, the Temporary Easement shall revert to the owner. The intent of this description is to describe an easement 20 feet wide and centered upon the sewer as installed. And also a Sewer, Drainage and Utility Easement described as follows: Commencing at a point in the easterly dividing line of said Rahman and said Gelback tracts which marks the northerly corner of said Gelback tract, thence the following courses: South 35 deg. 01 min. 28 sec. East'~ 527.84 feet, more or less, along said dividing line to the centerline of said 2'0 foot wide easement being the True Place of Beginning. Thence the followin~ courses of said centerline of easement: North 88 deg. 16 min. 37 sec. East, 11.99 feet, more or less, leaving said dividing line along said centerline; North 65 deg. 19 min. 40 sec. East, 272.99 feet, more or/ess, m a point in the line dividing said Rah_man and a tract conveyed to Armstrong at Deed Drawer 26, Instrument No. 12651; Said point being South 35 deg. 51 min. 32 sec. East, 883,95 f~et, more or less from the northerly coruer of said Rahman tract, said point being the point'of.terminus. Subject to a 20 foot wide Temporary Construction Easement all .along and adjacent to both sides of the above descried easement. Upon completion of the proje~.r, the Temporary Easement shall revert to the owner. The intent of this description is to describe an easement 20 feet wide and centered upon the sewer as installed. And also a Sewer, Drainage and Utility Easement described as follows: commencing ar a point in the easterly dividing line of said Rahman and said Gelback which marks the easterly comer of said Gelback ~ract, thence the following courses: North 54 deg 49 min. 32 sec. East, I0.00 feet, more or less, leaving said dividing line along said Rahman's southeasterly line to the centerline of said 20 foot wide easement being the True Place of Begirming. Thence the following courses of said centerline of easement: North 35 deg. I0 min. 28 sec. West, 410.08 feet, more or less, leaving said southerly line, along said centerline to the centerline of the second easement, described above, being the point of terminus; Subject to a 20 foot wide Temporary Construction Easement all along and adjacent to both sides of the above described easement. Upon completion of the project, the Temporary Easement shall revert to the owner. The intent of this description is to describe a 20 foot.wide easement all along and adjacent to Gelbacks northeasterly line from Rahmans southeasterly line to the centerline of the second easement described above. The Horizontal Datum/Basis of Bearings for this right-of-way plat and description were comprised from a route survey perforSned by Jacobi, Toombs and Lane., Inc. EXHIBIT TEMPORARY WIDE CONSTR. EASEMENT HUSSAIN D.D. 21, INST. 12801 '1 JRTH CORNER RUKNSANA I. RAHMAN ~ RAHYAN I D.D, 21, INST 11068 ~ D.D. 24, J 319.90' T.P.O,B. ~ NORTH CORNEl ~ GELBACK" ~ D.D. $0, ~ INST. 24071 PERMANENT 20' WIDE ~SEMENT 68'44'.33" E 1.39.46' '" - N54'49'32"E, NEW ALBANY - CHARLESTOWN PIKE RUKHSANA I. RAHMAN BEING A PART OF SURVEY #$4 OF THE ILLINOIS GRANT CLARK COUNTY, INDIANA ARI~STRONG D.D. 26, INST. 12651 88'16'3, 11.99' 65'1c, 272. ::'ERMANENT 20' WIDE EASEMENT '40" 79' CORNEF ,O.C.'-~, N .35'10'28' W 410.08' .'MPORAR~ 20' * WIDE CONS EASEMENT 10.00 P.O.B. ~ Io~ 200 S¢cde 1' = 200' THIS PLAT WAS PREPARED FROM PUBLIC RECORD AND A LIMITED FIELD SURVEY. JACOB[, TOOMBS & LANZ, INC, CONSULTING 'ENGINEEES 120 BELL AVENUE C~KSV~LL~., [NB[~NA 47~30 (81~) .~,88-S84S K.W.J. J.H.L