HomeMy WebLinkAbout2003-R-14RESOLUTION NO. 03- R-14
A RESOLUTION CONFIRMING DAMAGES FOR CONDEMNATION
OF CERTAIN REAL PROPERTY PURSUANT TO
INDIANA CODE 32-24-2-6 et. seq.
WHEREAS, on February 18, 2003 the Board of Public Works and Safety
of the City of Jeffersonville ("the Board"), adopted Resolution No. 03-R-11, A
Resolution 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 February 27, 2003 and March 6, 2003 required by Indiana Code 32-24-2-6(b);
and
WHEREAS, said notice stated that at its regular meeting on March 17,
2003, the Board would hear remonstrances from persons interested in or
affected by the condemnation; and
WHEREAS, no one interested in, or affected by, the condemnation
appeared to remonstrate against the condemnation at the Board's regular
meeting on March 17, 2003;
WHEREAS, on March 17, 2003, the Board adopted Resolution 03-R-12, A
Resolution Confirming Condemnation of Certain Real Property Pursuant to
Indiana Code 32-24-2-6 et. seq.; and
WHEREAS, Indiana Code 32-24-2-7 et. seq. requires that the Board
prepare a list of all the owners of the condemned property; and
WHEREAS, on March 24, 2003, the Board adopted Resolution No. 03-R-
13, A Resolution Establishing List of Injuriously Affected Interests in Condemned
Property and Establishing Damages; and establishing April 14, 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 March 31, 2003 written notice was served via hand
delivery upon Richard Lewman, 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 April 10, 2003, the Board received a request to continue
the remonstrance hearing from Mr. Lewman's attorney Mr. Dan Moore; (See
attached Exhibit "A" and "B");
WHEREAS, on April 11, the April 14, 2003 remonstrance hearing was
continued to April 28, 2003;
WHEREAS, on April 28, 2003, the Board heard remonstrance from Dan
Moore on behalf of his client, Richard Lewman;
WHEREAS, in response to the remonstrance, the Board increased the
damages awarded to Richard Lewman from $29,100.00 to $32,500.00 baSed
upon the appraisal provided by Richard Lewman to the Board.
NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby
adopts Resolution 03-R-14, A Resolution Confirming Damages for
Condemnation of Certain Property pursuant to Indiana Code 32-24-2-8 et. seq.;
and
NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the
Board hereby presents to Richard Lewman, a Certificate of Damages in the
amount of $32,500.00 that may be presented to the Clerk-Treasurer for payment
of the damages awarded.
Adopted this
day of April 2003.
CITY OF JEFFERSONVILLE
BOARD OF ~PUBLIC W~RK$ & SAFETY
m~asR~.~Galligan,~M~~'%
Robert L. Miller
ATTEST:
Peggy Wilder"
Clerk/Treasurer
: PAGE
15:24 L 81273S$7'40
'PAUL"'P'AIMAVERA & ASSOCIATES; !NC:'
REGISTERED ENGI. NEER$ AND LA.N.D
BASEMENT DESCI'JPTION'-'LEWMAN
The following !s a legal descnplaon prepared th/s.3 day of January, 2003, of real
property being a part Of Survey ~70 6fthe Illingi,s Grant, Utica Township, Clark
· . -...- ..~.i- ; ~ .' :.~ 'i;.:~ : '.
County, Indiana,.more particularly described as ~0119ws:":.' '
Cogunencing at the Easternmost corner of Grant #70, thence along the common
grant line between Grant #70 and #71, North 35°,'45"45!' West,.baisis of bearings
this description, .6.52.t 9.feet to the .N..0rthem c.o...n.~p!i .o,..f. the .~g'.i~.a.c.t as recorded in
Deed Drawer 28, Instrm'nent #12126, thence alone.the Northern .li/~e of said King
u-act South 54' 17' 12" West 771.77 feet to the Western corner.ofi~,aid King tract,
thence along the Eastern line of the Lewn,an prop~i't~'and the Western line' of th
' ' 4" 50"
Hollis tract as recorded in Deed Draw'er 31, Instrument #14914, North 3 56'
West%8 03 'feet, this being the point of beg4nni of a.20:00 foot sardtary
sewer easement whose centerline is dgs3fibed'~:,fgllows:.,N,.o ...i~, 74 13' 16".West
276.15 fe.e,t}'thence 1~)~h:';/7~"~'9' 06" West 389,88 feet, thence North 56° 09' 42"
West 400 00 feet. thence North 67° .43' 25" We~,~.~,344.93 feet, thence South 70 06
10" West 400.00 feet, thence.South 77 12' 5. 2, ',.i %%~,e..~t, ...4. 0 0..,0. .0. f.e.et.,. ~.e~..ce. South 82
29' 54" West 391~5'~ {~e.'i}.Iheh, ce Nq .~, ',$0° 441(5~?.:~.,e. st 772.78 .feet, t.l/ence South
· ' ' '; ........ ' ......... a~h'~le 'skid' 'oint b~ ;~.th..et~rminus.of, k~d ~asement.
ex]stung sam,..,t,7~.. S_e...w,~,,,rn,: : ......... P .. g ,,., ..., : ... ..... ;,.....
And also an additional 20,00 foot mdc .tempor~ q~ ~tn~.., ,t[...o.n:e ~a,s.,e.m, ,e, nt,.:,.
;mm~rlint,qv 'tq'o'~l'h of the above described permanen~ easeme~'~.'
· . ... ~:7. . ., , . , .
............. d,.mP d
Being part 6fthat property recorde : ee r: , s.m~, ent. in the
Office of the Recorder of, Clark Co~, Indiana,: as:dwned,, by, Richard Lewman.
~ ,: .:, ~.' .:.-.....'-.
Telephone: (812) 288-4472
Daniel E. Moore
Attorney at Law
411 Watt Street, Jeffersonville, IN 47130
April 10, 2003
Fax: (812) 288-4451
Anne Marie Galligan
501 E. Court Avenue
Jeffersonville, 1N 47130
Re~
Richard Lewman property
Your Correspondence of March 31, 2003
Dear Ms. Galligan:
As I mentioned to you in the elevator this morning, I have been hired to represent
Richard Lewman with respect to what is described by your March 31, 2003 letter to him as a
matter involving a Sanitary Sewer Easement, survey #70 of the Illinois Grant, Utica Township.
Your referenced letter states the Board of Works of Jeffersonville will receive or hear
remonstrances on the award of damages 6n Monday, April 14, 2003.
Without waiving any objections to procedures to date, I must inform you that Mr.
Lewman has only recently been hospitalized for serious surgery and a continuance of the above
hearing is necessary. As of this writing, it is my understanding that my client will be released
from the hospital either today or tomorrow. For these reasons, and reasons including the
property not yet being staked or surveyed by professionals hired by Mr. Lewman, and also for
reasons involving disclosure of appraisals (see below), my client is simply not in a condition to
appear at the pre-set date of April 14, 2003 to make or tender any remonstrance, though he may
indeed do so in the future.
Due primarily to the fact of his hospitalization and the inability of him to prepare for the
hearing on the 14th, I request that the Board continue that hearing until, at least, April 28, 2003.
In the meantime, may I request that you provide me with copies of the following documents so
that my client may be fully informed.
1. The appraisal relied upon by the Board to assess damages at $29,100.00; and
2. Alt documents evidencing service made or attempted upon Richard Lewman to
institute condemnation proceeding sunder I.C. 32-24-2-6 or any other statute.
Anne Marie Galligan
April 10, 2003
Page 2
Please respond to my request for continuance in writing by the end of the day on April
11, 2003. Your prompt consideration and action is appreciated. I would al ;/o~ppreciate
disclosure of the above documents. When I receive any do, gn~ej~ion of/Iiketkind, prepared for
Mr. Lewman, I will certainly be glad to share them with ~6ur ~:.~ce)/ /
Very trul~
Daniel E.qglolare, ~,ttome'y
DEM/sr
Enclosure
cc: Richard Lewman
DEPARTMENT OF LAW
ANNE MARIE GALLIGAN
City Attorney
812 - 285 - 6491 office
812 - 285 - 6468 fax
agalligan@cityo~effersonville.net
City - County Building
501 E. Court Avenue
Jeffersonville, Indiana 47130
Thomas R. Galllgan
Mayor
April 11, 2003
Daniel E. Moore
Attorney at Law
411 Watt Street
Jeffersonville, IN 47130
Re: Richard Leman
VIA FASCIMILE: 288-4451
Dear Dan:
I am in receipt of your letter dated April 10, 2003. Due to the hospitalization of Mr.
· ' above captioned matter to
Lewman, the City will continue the remonstrance hearing m the
April 28, 2003.
Please fred attached a copy of the Affidavit of Service and a copy of the Resolution
Establishing List of Injuriously Affected Interested in Condemned Property and
Establishing Damages that were served on Mr. Lexvman on March 31, 2003.
City Attorney
employer.
CERTIFICATE OF DAMAGES
This Certificate of Damages, in the amount of $32,500.00 is awarded this 28th
day of April 2003, to Richard Lewman, 6020 Salem-Noble Road, Sellersburg, IN.
pursuant to Resolution No. 2003-R-14. Presentation of this Certificate of
Damages to the Jeffersonvilie Clerk-Treasurer entitles Richard Lewman, to a
warrant in the amount stated above.
CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS & SAFETY
Robert L. Miller
Dennis Frantz ~
ATTEST:
egg-y V~tt~l~r - --~
Clerk/Treasurer