HomeMy WebLinkAbout2003-R-08RESOLUTION NO. 03- R- ~
A RESOLUTION AMENDING DAMAGES FOR CONDEMNATION
OF CERTAIN REAL PROPERTY PURSUANT TO
INDIANA CODE 32-24-2-6 et. seq. -
WHEREAS, on December 23, 2002 the Board of Public Works and
Safety of the City of Jeffersonville ("the Board"), adopted Resolution No. 02-
R-36 Condemning Certain Real Property Pursuant to Indiana Code 32-24-2-6 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 January 4, 2003 and January 11, 2003 required by Indiana Code 32-24-2-
6(b); and
WHEREAS, said notice stated that at its regular meeting on January 21,
2003, the Board would hear remonstrances from persons interested in or
affected by the condemnation; and
WHEREAS, on January 21, 2003, Mike Gillenwater, Attorney,
appeared on behalf of Robert and Mary Chapman to remonstrate;
WHEREAS, on January 21, 2003 the Board tabled the Resolution
Confirming Condemnation of Certain Real Property Pursuant to Indiana Code
32-24-2-6 (c) et. seq.; and
WHEREAS, on Feb ~ruary 3, 2003, after hearing testimony from Mike
Gillenwater, Attorney on baehalf of Robert and Mary Chapman, the Board
adopted Resolution No. 2003-R-01, A Resolution Confirming Condemnation
of Certain Real Property Pursuant to Indiana Code 32-24-2-6, et. seq.;
WHEREAS, on February 10, 2003, the Board adopted Resolution No.
03-R-05, A Resolution Establishing List of Injuriously Affected Interests in
Condemned Property and Establishing Damages; and establishing February 24,
2003 at 9:30 A.M. as the date the Board would hear remonstrances from
persons interested in or affected by the condemnation, all pursuant to Indiana
Code 32-24-2-8 et.
WHEREAS, on February 13, 2003 written notice was served via hand.
delivery and U.S. Mail upon Robert and Mary Chapman, showing the amount
of the damage award and stating that the Board would hear remonstrances
from persons with regard to the amount of the damage award; and
WHEREAS, on February 24, 2003, after heating remonstrances from
Mike Gillenwater, Attorney for Robert and Mary Chapman, and testimony
from City Attorney Anne Marie Galligan concerning an increase in the damage
award based upon the final appraisal of James Bottorff, the Board adopted
Resolution 03-R- __., amending Damages for Condemnation of Certain
Property pursuant to Indiana Code 32-24-2-8 et. seq.; and
NOW THEREFORE, BE IT HEREBY RESOLVED that the
Board hereby increases its damage award to Robert and Mary Chapman to the
total amount of $390.00; and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED
that the Board hereby presents to Robert and Mary Chapman, a Certificate of
Damages in the amount of $390.00 that may be presented to the Clerk-
Treasurer for payment of the damages awarded.
Adopted this
day of February, 2003.
CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS & SAFETY
Robert Miller
Ric[ Elliott
Dentils Frantz ' ~
ATTEST:
Clerk/Treasurer
PAUL PRIMAVERA 8: ASSOCIATES, INC.
REGISTERED ENGINEERS AND LAND SURVEYORS
GENERAL DESCRIPTION OF SANITARY SEWER EASEMENT
THROUGH TI-~ CHAPMAN TRACT
The following is a legal description prepared this 2¢ day of~Iovember, 2002, of real property
being a part of Survey #53 of the Illinois Grant, Utica Township, Clark County, Indiana, more
particularly described as a strip of ground 20.00 foot in width for a permanent Sanitary Sewer
Easement passing through that property recorded in Deed Drawer 23, Instrument #10245,
running through said tract immediately adjacent to and North of an existing creek running through
said property for an approximate length of 100.00 feet, and also a 20.00 foot temporary
construction easement immediately North of said permanem easement.
301 E. Chestnut Street, P.O. Box 123, Corydon, IN 47112
_,____._,~_.,_~_oJ~_.Lo,~ ~'L7_38-6740 e.mail: priassoc@aye.net
'
CERTIFICATE OF DAMAGES
This Certificate of Damages, in the amount of $390.00 is awarded this 24th day of
February 2003, to Robert and Mary Chapman, 5314 Stacy Road, Charlestown,
IN. pursuant to Resolution No. 2003-R- (~ . Presentation of this
Certificate of Damages to the Jeffersonville Clerk-Treasurer entitles Robert and
Mary Chapman, to a warrant in the amount stated above.
CITY OF JEFFERSONVILLE
BOARD OF PUBL C WORKS & SAFETY
By:~
Robert Miller
Rick Elliott
Dennis Frantz
ATTEST:
Peggy Wilder
Clerk/Treasurer