HomeMy WebLinkAbout2003-R-09RESOLUTION NO. 03- R- 6~
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-37 Condemning Certain Real Property Pursuant to Indiana Code 32-24-2-6 et
seq. which real estate is more particularly described in Exhibk 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 Juanita Ward 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 January 27, 2003, after heating testimony from Mike
Gillenwater, Attorney on behalf of Juanita Ward, the Board adopted Resolution
No. 2003-R-02, 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-06, 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. seq.
WHEREAS, on February 13, 2003 written notice was served via hand.
delivery upon Juanita Ward, 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 hearing remonstrances from
Mike Gillenwater, Attorney for Juanita Ward, 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 32-24-2-18 et. seq.; and
NOW THEREFORE, BE IT HEREBY RESOLVED that the
Board hereby increases its damage award to Juanita Ward to the total amount
of $7,400.00; and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED
that the Board hereby presents to Juanita Ward, a Certificate of Damages in the
amount of $7,400.00 that may be Presented to the Clerk-Treasurer for payment
of the damages awarded.
Adopted this ~//~/~ day of~ 2003.
CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS & SAFETY
Robert Miller
Rick Elliott
Dennis Frantz J
ATTEST:
Peggy Wilder
Clerk/Treasurer
PAUL PRIMAVERA 8: ASSOC;-IATE$, INC.
REGISTERED ENGINEERS AND LAND SURVEYORS
GENERAL DESCRIPTION OF SANITARY SEWER EASEMENT
Tt-~OUGH THE WARD TRACT
The following is a legal description prepared this 20'h day of November, 2002, of real property
being a part of Survey #71 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 2, Insirument #3272, running
through said ~'{act immediately adjacent to and North of an existing creek runrJng through said
property for an approximate length of 1200 feet, and also a 20.00 foot Temporary construction
easement immediately North of' said permanent easement.
CERTIFICATE OF DAMAGES
This Certificate of Damages, in the amount of $7,400.00 is awarded this 24th day
of February 2003, to Juanita Ward, 5516 Stacy Road, RR #2, Charlestown, IN.
pursuant to Resolution No. 2003-R- . Presentation of this Certificate
of Damages to the Jeffersonville Clerk-Treasurer entitles Juanita Ward, to a
warrant in the amount stated above.
CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS & SAFETY
Robert Miller
Rick Elliott
Dennis Frantz ~'
ATTEST:
Peggy WildeY
Clerk/Treasurer