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HomeMy WebLinkAboutLewis Equity vs. City of JeffUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION GLEN LEWIS and' LEWIS EQUITY GROUP, LLC, Plaintiffs, CITY OF JEFFERSONVILLE, INDIANA, and the BOARD OF WORKS AND SAFETY, and THOMAS GALLIGAN, Individually, and BOB MILLER, Individually and ROB.WAIZ, ) Individually, Defendants. CAUSE NO.: 4:02-CV-22 l-DFH-WGH AFFIDAVIT OF PEGGY WILDER 1, Pegg~ Wilder, being first duly sworn upon penalties of perjury, depose and state the following: I am the Clerk Treasurer for the City of Jeffersonville, Indiana. 2. I am the custodian of the regularly kept business records of City of Jeffersonville, Indiana, including ordinances and minutes of the City Council. 3. Attached hereto as exhibits are true and accurate copies of the following public records of the City of Jeffersonville, Indiana, the originals of which are in my cnstody and control: A. Affidavit of Publication for August 31, 2002 and September 7, 2002; B. Affidavit of Publication for September 18, 2002 and September 25, 2002: C. Affidavit of Publication for November 15, 2002 and November 22, 2002; D. Certified Copy of Resolution No. 02-R-26; E. Certified Copy of Resolution No. 02-R-30; F. Certified Copy of Resolution No. 02-R-31; G. Certified Copy of Resolution No. 02-R-32; H. Certified Copy of Resolution No. 02-R-33; I. Certified Copy of Resolution No. 02-R-34; J. Certified Copy of Resolution No. 02-R-35. This affidavit is based upon my personal kn6wledge, I am over the age of 21 years, I am competent to testify as to the matters contained in this affidavit, and will testify as to the matters stated in this affidavit. Dated: Peggy Wil~e¥° STATE OF INDIANA) ) COUNTY OF CLARK ) Before me the tmdersigned, a notary public for said county and state, personally appem'ed, Peggy Wilder, who acknowledged the foregoing statements as tree this day of  ,2003 My Commission Expires: q- Not~fr.~ublic - Signature - County of Residence: Notary Public - Printed 02.4919.~r 2 Form Prescribed by state Board of Accounts Fro,n: Clark County, Indiana PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of type ill which tile body of tile advertisement is set) -- number of eqnivalent lines .................... Head -- number of lines ......................................... Body -- Number of lines ......................................... Tail -- nunlber of lines Total number of lines in notice General Form No, 99p (Revised 1999) Thc Evenim! News 221 Spring St. RO. Box 867 Jcffcrsonwllc. IN 47130 COMPUTATION OF CHARGES · at line ............................................. Additional cltabde for notices containing rule or tabular work (50 percent of above amoun0 ....................................... Charge for extra proofs of publication ($4.00 tot' each proof in excess of two) ............................................... TOTAL AMOUNT OF CLAIM ......................................... DATA FOR COMPUTING COST Width of single column 9.0 ems Number of insertions ~ Size of type 6.5 point FEDERAL ID# 63-1283140 }.~,Pursuant to the provisions and penalties of Chapter 155, acts 1953. " I hereby certify that the foregoing acc.,ount is just and correct, that the amount claimed is legally due, after allowing all just credits, and thaEno part of the same has been paid.h ~'-'[ ~ str~t. ~0 ~ to ~0 PUBLISHER S AFFIDAVIT OCariNa. ~S me Gu, R*n.,~ , ~ ..... reed bcfmcfi~te, a noilly pubhc m a~d to s y ho. bemg duly ~al~kO.~g~16an~ O~a~n~ ~ ~mmon?gatlhos~t~[ shcis o~cepcroi~h vcnlugNews Also~ ~a~No. ll6 ~l~a~o 8ockNo 116 iron pupo a. Mark~[ees SWO'II 0 bciore me tills ~/~day of~ 20~Z // , Notary Public , ffi ~,te"y ~r ~ I,~ ~ ~ld b~k. 136.7 ~l~,, ~"and ~n~l~ngHa~ o'~ ~~[d~~'~a/~I EXHIBIT tLE$OLUTIONNO. 02-R-. 3K A'RESOLUTION CONFIRMING CONDEMNATION OF' CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE 32-24-2-6 et. seq, WHEREAS, on the'12'h day of November, 2002, the Board of Public Works and Safety of the City of Jeffersonville (the "Board") adopted Resolution 02-R~34, 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 EveningNe~,s on November 15, 2002 and November 22, 2002 as required by Indiana Code 32-24-2-6(b); and WHEREAS, said notice stated that at its regular meeting on December 2; 2002, the Board would hear remonstrances from persons interested in or affected by the co~,demnation; and WHEREAS, no one interested ir., or affected by, the condemnation appeared and questioned the procedure with regard ro the condemnation at the Board's regular meeting on December 2, 2002; NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby confi!yn_ s its original Resolution condemning and appropriating for the use of the Ci~;'6fJeffersonville (the "City") the property located as a part of Block No. 116, recorded in Plat Book 3, Pages 16 and 17, and also a parr of Block No. 116 ofC. R. Miline's map of Jeffersonville, Indiana, as recorded in Plat Book 3, Page 17, being a part of the same tract conveyed to a Exhibit A; and; Gle.n~ A. Lewis, as described in ' '"" NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the real estate as a part of the property located as a part of Block No. 116, recorded in Plat Book 3, Pages 16 and 17, and also a part of Block No. 116 of C. R. M/line's map of Jeffersonville, Indiana, as recorded in Plat Book 3, Page 17, being a part of the same tract conveyed to a Glenn A. Lewis, as described in EXHIBIT I NOw THEREFORE, BE IT HEREBY FURTHER RESOLXV-E!) that the Clerk-Treasurer shall record a copy of this Confirming Resolution in the office of the Recorder of Clark County, Indiana to memorialize the City's condemnation of the real estate located as a part of the property located as a part of Block No. 116, recorded in Plat Book 3, Pages 16 and 17, and also a part of Block No. 116 of C. R. Miline's map of Jeffersonville, Indiana, as recorded in Plat Book 3, Page 17, being a part'of the same tract conveyed to a A., and; Glenn A. Lewis, as described in Exhibit" '" NOW THEREFOR.E, BE IT HEREBY FURTHER RESOLVED that the Board shall prompdy prepare a llst of affected property owners, award damages sustained to the property, and pay damages on the affected property, all as required by Indiana Code 32-24-2-7 'et seq.; and Adopted th.is 2nd of December 2002. CITY OF JEFFERSONVILLE BOARD OF PUBLIC WOP,.KS & SAFETY ~,,....// ,/ ~ Thomas R. G,1 oblrt MSller Clerk- Treasurer 03:28P' O~cob~...Toombs lanz ' ~,q'. .::812 288 6656 P.02 · " PARCEL 1 ' EXHIBIT 'A' r' DESCRIPTION OF TWO PA_KCELS GLENN A. LEWIS ' A par~ of Block No. 116, as shown on map on plat made b7 Je~ersonville Association, recorded in Plat Book 3, pages 16 .~d 17 in the Recorder's Officd of Cla~k County, Indian~ and bounded as follows: Beginning at the seuth~t corner o[ s~d Block No. 116 a~ the in~erse~ion o{ Spring and 10'~ Street, somedmes-ca~led Ekin Avenue, mnnlhg thence no~hwardly along the e~ side tin Stre,t 71 feet and e,aendi)~g back ~.utwardly of thlt.~i~hY~/¢ugn°ut, zhe nom~ 15ne of Sg, , g ....:% :Cq"5. ;t' ~:~e bi,Sin= >dqh~ no~g lin~ of 10= Street 60 feet, and contatmng appro~ately 0.098 acres of land. Also, a pa~ of Block NO. 1 I6 of C.R Milne's map of Jeffersonville, Indian, ~ recorded in Plat Book 3, page 17 of ihe Cl~k County Record of Plats and being mor~ ~lly described as follows, m-wit: Co~encing at the s0uthw~terly co~6~ o{.s~d Block No. t16 at the intersection o{ the . ~ · , , ~_,':: ~:-a 6f E~t 10'h Street; thence No~h 54 deg. 30 ine of S rm ~;ree[ wire the normcvt/m~c - . . , e~efly 1 - P g ..... ...-:;i~ .. - .....,./~ e. ,._,~c :~ :x~.~;~ wh~c~ ts me Tree mm, ~t atong the no~neny m~ ,~ -~,-% lO . Ph~ of Beginning o~ lind :o be herei~ de}~'lbed; th~n'%a~No~h 35 deg. 33 min. West along the _ , ,, , ,_ ,.~c ..... nve~e8 to the Gulf Refining Company by deed line oi a ircm or reno nere~u;=~. ~ j ...... . easterly,.= ~ , g ~, ~ ~_ ,,< '~a=e 290 ~f. tHe Glgrk'G6un~y Record. oi Dee~,/~ teet to an ~rpn p{pe;snenc= *x. '-."..p; .... ', . .... · ?.: ;.,. '.., 1 _:~..~ ....~erlv line ot S¢nng 50 feet to ~ iron p~pe;',thlnca ~outh' 3>.aeg,'~u nlln., e~t parm~m w~m ~,, .... ~ - S,reet 71 feet to m~r6n-pipe o'n the ~no~herly line' of;Ea~tclff~ Stre&;.thence $outk 54 deg. 20 Beginning afl3 cdn~fining:0~08~:acres of land. min. We~, 50:fee~/b=th~'Tru6 Place 9~ .,. - ............. Sub,em to ~y. afid.all e~emefits arid/or restrlmio~ o~ record relative to the above described real . . .:~.: .. ,:,': :DESGRIP.TION OF,A:gARCEL -'" ~ ' 110.' V: ;' :hEWIS EQUITY GRO~ LLC .... Be~inmng at a.point off,the e~t hne of Sprint'Street, 71 '~ei ~oxh 6~ the sou~hwes~ corner ot sam Block~khence rthw~dly ~on~ the w~t. line of sald:.glock, 136.7 {eet;.thence at right ~gles eastwardly 178~er; tk~hke at riggt a~gles s6~hw=dl~;'l.3&7..feet i6:a stake 71 feet northwardly {rom the north lifie:of~Tenth Street on a hne,par~l~l-'wtth'the 'wesi .li~i' o{ said Block; thence w~twardly at righf.mgl~l.78 fee~'m the'place:b~.beo:hh:idgi:'ihd g6'~mining 0.558 a=~ o{ l~d. ' "~ ......... t~e Git .~6[geffefso~ville of Clark CounW, ' ' ' "'" ' 'i ' ' · y -' ",''7.;." Deed Record 248, Excepting thereirom~"~ipa~ of ;Block.No..$16. m ' ' conveyed to Mutphy. Corporauon at Indiana, being a pa~' o~ .the i~ Ired . . · ' { ll'ws '"' ' '" '-":='" ...... " page 330 and bo~fiS~ o o :".. ~ ~ ......... ' ' ......... · ....... ..; .... . . ... ~h the e~temy ~me o~ ~pnng ~ . deg. 00 ~n. Wes},.7.l ~ fe~}.w.. ,..,.. -~-J-. ~:- of the lafi~ of said Murphy Corpor~tzon and 52 min. 38 sec E~,'153.0 " '~ron in which is'the ~me?h~.:o~'.beginning. Thence zhe following The nec area of lar~diff~er the exc~ptton ts 0.466 acre.s. . ....... Tkese descripiion's were obtained f~om the.?ekorded deedi~ · '5: '~*'-:.'' ' ' ..... '.-'f:!. ':":4-:; "' '": .... ¢ .L:.... ~ " P.03 ,W I P .0~- 03:P-gP ja~;obi ToombS Lanz ~_-:~: .- ---'" -' 178' ,--:x,.~. ~ ..... ____-- :- ..... ~ 4~' ~--- 3~'~ ' ~~ '~:i' ~.j ... LEWI'S:"'EQUITY ~'OUP, LLC ;' · ~N ST'... '32107.89 . ~:~::~='-~ '~ ..... ........ : 0.466 '[ACRES ," 25' '~... ~s3,2 ...... ~ . GLENN ~. L~'~I . : m ..D'D ,31',. I~sT:'-~,2556, LL o.o9~ ~c~s o.os~ ~c~zs 50' ~ ~ >~'--:'{Ot~R 62)60' R/W lothS ttl':. ' ' ' ~"L.,...~:~7~"~u ............ * ............ ' IS p~T WAS PREPARED 0 ..... 50-" .~' -'. RECORDS AND ~~ . ,,.~ROM pU~UC ...,,. .-., A .LIM~ED FIELD SURV~. . =,~ :., ..._~.;.... . . .... . A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE 32-11-1.5 et. seq. WHEREAS, the Board of Public Works and Safety of the City of Jeffersonville (the "Board") desires to appropriate and condemn, for the use of the municipality, the real estate described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the Board has dete .trained that the real estate described in Exl*fibit A, may be injuriously and/or beneficially affected by the condemnation; and NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby appropriates and condemns for the use of the City of Jeffersonville (the "City") the real estate described in Exhibit A; and NOW TIZlEREFORE, BE IT HEREBY FURTHER RESOLVED that the Clerk-Treasurer shall publish notice of this Resolution in the ~v~ni4g News once each week for th~ next t~vo (2) consecutive xveeks; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board shall receive and hear remonstrance from persons int.erested in, or affected by, this condm _rsnation at its regularly-scheduled meeting on December 2, 2002, and then take final acuon, '6onfm-ning, modifying, or rescinding ~rs original resolution. Adopted this 12th of Noirember 2002. ATTEST: Peggy Wi~e~,~Clerk-Treasurer CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS & SAFETY Robe Rob \~ Aug- ~4-02 03:2E~P' J~cobi Toombs L~nz ~ _.'<;, . ,....,t ,. 6656 ...... PARCEL 1 EXHIBIT 'A' DESCRIPTION OF TWO PARCELS GLENN A; LEV/IS · A part of Block No. 116, as shown on map on plat made by Jeffersonville Association, recorded in Plat Book 3, pages 16 .~ud 17 in the Recorder's Offici of Clai'k County, Indiana and bounded s_u ~ . . Beginning at t~e ,*euthwest corner of said Blo'ck No. 116 at the intersection of Spring and 10*h Street, sometlmes.cailed E'kin Avenue, runn'i~ag 'thee. ce northwardly along the east side of Spring Street..-.71 {,eet.... and_ e:aending.. . '. back .=~'utwardt7. '. . of. .th~it,.-,wldth. : ....-..t,h.r°ugh°ut'~.'. the north llne. parallel with 'i/i{d i}~ '~$u~h' lirie birlding on tee north, l,ne of 10'~ Street 60 {eec, and containing approxLmately 0.098 .a.cres ot~ land. Also, a par~ of Block No. 1 t6 of C.K. Milne's map of Jefferson;~ill~, India-ax, as recorded in Plat Book 3, page 17 of fhe Clark County Record of Plats and belng mor~ fully described as follow: to-wit: Commencing at the so'uthwesterl7 con{~i of. said Block No. 116 at the intersection of the eaxterly line of Spring Street with ~ne noriherl'5; lini 6f.East 10~t Street; thence North 54 deg. 30 min. East along the nokherly linC'of E~ ~£ i.0ih .S .".rgb t}:'6idthence.Norchf~t'i6 ili3 i~'on 33PiPemin.WhlChwestiS thel ~True place.of Beginning of l=md ;o be herei; described; deg. a_ono easterly line of a p"arceI o.~ land heretofore conveye;d to the Gulf Refining Company by deed recordedin Deed Reci~t-~t No 125,'page' 292't%tlie Gla'rk'G.6.'6'n~:~ Reco~:d.'of D.eeds, 71 feet to an · iron pipe; thence' Nortlr.?..~deg. 20 mln. East parallel to·'th~ northerly hne of said East 10 Stree, 56 feet to ~m iron pipe; ,th~n'ci' ,5ohth-35 .deB:30' min:'Ei~t:]Sai:allel with. the easterly line Of Spring Street 71 feet to zn.:irsn'pil~e o'n the.northerly hne' of~::E..ast':10 - Stregt; then6e South. 54 deg. 20 b~os' f 1 d rain Wes~ 50 ,{eel~ t'b.th~True; Place ,of Beginning arid cdn~aining- ~1 :'acres o an . Subject to any arid.all easements afld'/~r ;estrictions of record relative to the above ciescrlbed real LE~IS EQUITY GROUP LLC' Being parr of Block i',~o',:116 in the.City ofJeffii'sSnvil[e?.}~id. St~ie,' Clark. County, bounded thus: Beg:n--ngtm. at a.-orntp[ oh,the east line of Springi'Street, 71 ~i nomh 6£ the southwes~ corner of said Block;"thence northwafdl7 along the wist.line of sald.'[lock, 136.7 feet;.thence at right angles eastwardly 178 feet; th%'h'ce at right adglei siS~i'(hwar dl)/;'t 36'.7-feet, ,~..-,,. 'wesif0'a .li/ii'stakeof 71sald feet~l k:n°rthwardl7 from the north lihe:of.-Tenth Street. on a tine;parallei.;w, ttn':me... _.oc._, right .gngle, 1.78 feet 'to the' place:of, beg~n~/l~ig~, and e tin therefrom '~.. ilk .o( Block.No..l,16 in the'. Oi~y~6£1Je.ff,eeib?ille of Clark County, -Ex,cl Ptg' - -' =-''x!2~ -P~- iam~ land con(,~'¢ed to Mu;~sh?.~orpor~iu6n at'Deed Record 248, 330 page P.02 AUg-~4-02 .La .............. 812'288 6656 · ' ?,5~ ~'" : : ~"' :"' ~ ':~?'-'" . ce tko folldwm§ courses: No~ 40 · Commencing at the:~outh corner of sa~d BIo~k No.. t:l.6,.then· · ' ' [0 fee~ with the.easterly line df S?firi§ Sweet t~ a"drill hole; North .4~ deg. 52 min. 38 sec ~ast, l~.u ~eet.w~m ~; o,~th · ' · e the followln - ~ . -. .~-~';~-,~,~.;~h is-the tme-l~laee"qfbegmmng. Thenc · , ,g parallel to Tenm',~yr.e~t t,y at ~- ,-..- '-Z · . = ~ .'~-k~;* :; z~iz 7~ fie{ severinv the lano or me · :: · .'~:('No,~h 43 deg. 4b mm. x~ ~ec..~e~h')?~-.' .......' cours~ of the..b,9~-<....~... , ..; . , · ", .;,,. ~A~rh 49 dez .52 grantor to an iio~.pin in hts normern, oggng~-J, ' '~'-'= ..........· ...... "~"i' ko ah i:on pipe iu Marhoefer's Weszerly lln~; South 40 deg. 00 mm. with said no~hS}~Boua~. :. ,. '. ' . , .iiid~.'{~'~;k .... ~;~'s most eazerly corner;' Eas~, 136.70 feet:~g~,~gtd M~[~9 .... ::-.'-".: ,'"';x ....... z ...... k.~,llne to the tree piece South 49 deg: 52 min. 38 sec..Wee: 25.00 teet w~n ama gran~or of be=inning'and coflt~n{t=g C'.0~2 ~cres of l~d .......... ..t- ... ;:... ........ t'.0.4~6 acres· ' The net area ~f lk~di~'er the exception ~s ........ --- These descrtpt~on were obtained from the.rehorded jeedk[ P.O~ P. O,q- "':" 178 ......... ::. 14~' . , ' ~' ~ .t:Z... ~" ;'";'; '' ' ..~~ ':; :' ... -/ LEWIS:.--EQUITY G'~'OUP,. LLb · . ~c~s ......................... 0.466 ~ "~ ~ 55'.~ .... 25' GLEN N LEWIS ,.. :.~ .:. ;D:D 31 ST:"~ 2556' :~ARC z I ;' "" " _ :?:.~ .'-' ,~. .......... 0.098 ACRES ~ 0.081 ACRES so' . ..q_~o' ~ - STREET':."'(OLD S.R. 62) 60' R/W .... 150 .... '" .:::::;~0 .... ?"~""~ ............ ~ ~ ~ - -" ,' : .. . .... ,..,.., ,, , ,, :',.,. ~-~ .: :;.... ~:?~,~ ~,~ ~.. Scele.. ~:~ ~' ~0 .:::... ~ "-~.~. RESOLUTION NO. 02- R.~-~ A RESOLUTION CONFIRMING DAMAGES FOR CONDEMNATION OF CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE $2-11-1.$ et. seq. WHEREAS, on September 16, 2002, the Board of Public Works and Safety of the City of Jeffersonville ("the Board"), adopted Resolution No. 02,R-30 Condemning Certain Real Property pursuant to Indiana Code 32-11-I .5 et seq. wkict: 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 September 18, 2002 and SePtember 25, 2002 required by Indiana Code 32-1i- 1.5-3Co); and WHEREAS; said notice stated that at its regular meeting on OctOber 7, 2002, 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 and remonstrated wi{h regard to the cbndemnation at the Board's regular meeting on October 7, 2002; WHEREAS, on October 7, 2002, the Board adopted Resolution No. 02-R-31, A Resolution Conf_m'ni. 'ng Condemnation of Certain Real Property Pursuant to Indiana Code 32-11-1.'5 et. seq.; and . WHEREAS, on April 15, 2002, the Board adopted Resolution No. 02-R-32, A Resolution Establishing List of Injuriously Affected Interests in Condemned Property and Establishing Damages; and establishing October 28, 2002 as the da{~,t-he Board xvould hear remonstrances from persons interested in or affected by the condemnation, all pursuant to Indiana Code 32-11-1.5 et. seq. WHEREAS, on October 16, 2002, xvritten notice was served via certified mail upon John H. Brooke, Attorney for Glerin A. Lewis and Lewis Equity Group, LLC, showing the amount of the damage award and stating that the Board would hear remonstrances from persons with regard to the amount oft_he damage award; and EXHIBIT WHEREAS, on October 28, 2002, after hearing remonstrances from Glenn A. Lewis, the Board adopted Resolution 02-R- , Confirming Damages fo[ Condemna'ti.'on of Certain Property pursuant to Indiana Code 32-11-1.5 et. seq.; and NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby confwms its damage award to Glenn A. Lexvis and Lewis Equity Group LLC through John H. Brooke, Attorney in the amount of $ ~ff'Dt 0-ar0, et> as set ourin its Resolution 02~R-32; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board hereby presents to Glenn A. Lewis and Lewis Equity Group through John H. Brooke, Attorney, a Certificate of Damages in the amount of $ J~5~: ff0'O,, o-t> that may be presented to the Clerk-Treasurer for payment of the damages'axvarded. Adopt. ed this OTd~''' day of October 2002. CITY OF JEFFERSONVILLE BOARD OF P-,13B~LIC WORKS & SAFETY Tgoma[R. Ga Ug n, Mayo(// R?:b ,Waiz//~ ATTEST: Clerk./Treasurer ~ug-14-02 03.:28p' O?cobi...Toombs Lanz · .;~12 288 ' PARCEL 1 ' EXHIBIT DESCRIPTION OF 'l%VO PARCELS GLENN A. LEWIS ' A pan of Block No. !t6, as shown on map on plat made by Jeffersonville Association, recorded in Plat Book 3, pages 16 '.u{d 17 in the Recorder's Off[c~ of Ctai'k County, Indiana and bounded ~as tu,ows: Beg,nnmg at the seuth~est corner of s,-'dd Blo'ck No. 116 at the intersection of Spring and 10 h Street, somet,mes.ca]ed Ekm Avenue, runn'ihg 'tge;nce nord~wardly along the east side of Spr,ng Street 71 feec and e:aendmg back .(.u~wardly of that w~dth throughout the nomh hne parallel with and the ~ourh line b.mdmg on t~'.e no11:4 line of 10~ Street 60 ~eet, and containing approximately O..098..a.cres of land. : Als0, a pa= of B}o'ck No. 116 of C.R. Milne's map of Jef-ferson~,ille, Indi:m% as recoraed i~ Plat Book 3, page 17 of fh~ Clark County Record of Plats and being mor~ fully described as follows, to-wit: Commencing at the so'uthwesterly coi'r~ of said Block No. 116 at the intersection, of the easterly llne of Spring S;reet with ,he noriHerly lina ~f.East 10~h Street; thence North 54 deg. 30 min. East along the nokhe~l~' linC'of E~i~-'idkS.'.r~'~i""~b fe~t"i6 ii{ i~on pipe which is the True Place of Beginning 9f land :0 be herel,' de}'c"rlbed; th~ri%~lq'orth 35 deg. 33 min. West aloi3g the · e~iste~ly line of a parcel o~ land hf:,3to£ore coi{veye~ t~ tl{e Gulf Refining Compafiy by deed :,. recorded in Deed RecOil'8 No. 125,'page 292'~f, tlSe Gla'rk'G.~t~n~:~' Reco)d bf Deeds, 71 feet to an ', iron pipe;.~h~nce Nor~%.Se. deg. 20 min. East parallel'~"ihg'~.8.rthe~;l~' line· of said East 10'h S~reet 56 feet to ~ iron pipe;':th}n'o: %i~t!,. 35 .deg:30 mln;'E~st'lSa~:allet with.the easterly tine of Spring on the.northerly line of,'E..ast d0. Stredt;.thenfe South. 54 deg. 20 Street 7t feet to an. ir$4'pipe ' min. %X/est, 50:.fee~ t'b't4e~Tru~ Place .of Beginning afld. cd'nialnlng/O~08'l:'acres. . .. ~ .... of land. Subject to any. add all eas~mefits aid/or ;estrictions of record relative to the above described real estate.. : · : ':.; "'.. :; ' .. .'?" ~i' ! : "~'~': """ ': ' ';" Bem,.g p, art of Bloc/No',.ll6 m t.h,e-C~ty of...}'effersonvdle~',saM. State,' Clark County, bounded th · Begthmng at apomt off.the east llne of Sprmg:~treet, 7i {:~i north bf the. southwes~ corner of sam Block;'~hence northwapdly along the w~it. line of sald-'.~lock, 136.7 feet;.thence at right angles eastwardly 178 feet; th~'~e at right afigle~ siS~i't'hward})~rt36'.7.feet t'0'a stake 71 feet northwardly from the north lifie:of.'Tenth Street on a line.[paraI'l~l.:'~ith'~th'e 'wes~-i'ii%' of said Block; thence westward[y a[ right·an les'178 feet {o the'plac, e:of. begr.n, nm.g/and c raining 0.558 acres of land. .- · '. · '. " ' ' · ..... ' ark County, Excepting therefromT'~:part of;Block.No..1.16 m the. ~ty;o.f..Je~.rs.p.n_vzlle of C1 Indiana, being a ISa:h~ of.the s"ar~e land con4~j'ed to M. u~lshy. Co. rpbr~:tifn at Deed Record 248, page 330 and bounded,as £oll .:'. AUg-~-02 ~ · . · -:.-.~: .... . · ~ ,: ' ~ ':~-~0 ' · ' ~ 40 deg. ? ~n, West, ~1~0 feet with the. e~terly hne of Spring Street t0 a drill hole, No~ , 52 mm. 38 sec Eii;"l ~'.0 felt.~it~ ihe'so~therly Hne of the lafid o~ said Murphy Corporauon and ' " ' · '.' ' 'n Thence the following parallel ~ w~.r~-g~reet'tO'at'iron'in which wthe t~epl~?'qf begmm g. , . , · ~ .. cours~ o~ the..b~d~;iNo'~h 43 ~eg. 46 mm. 15 sec. WesS~ ?~.36.91 .f . g · with said nonhS}~ 5~G~'Sd~ io a~ l'un pipe it, Marhoefer s Oestedy llnk; South 40 deg. O0 mm, · ..:..~ -~ ~ ~... .. · :' - " e~terlycorner; South 49 deg: 52 min. 38 sec..W=a: 25.00 iee~ wkh .mid grantor's southern liae to the t~e place of be=inning'and co~t~ni~:g 0.092 ~cres of l~d ............ ..: ..: ~ .:-.. The net area o~'l~a~]~:~ the exception ~ 0.40S.acr~..'.. - T~ese d~scripiions wer~ obtained f~om t~'.~'~drded P.03 AU§_Z4-02 03:29P j~ob'~ Toomb~ L~inz 1 781 144' LEWIS:':'EQUITY ...-:..~N ST'~..32107.89 6656 25' P.O¢ CERTIFICATE OF DAMAGES This Certificate of Damages, in the amount of $350,000.00, is awarded this 2§th:'i day of October'2002, to Glenn A. Lewis and Lewis Equity Group, pursuant to Resolution No 2002-R- '-~-'~ Presentation of this Certificate of Damages to the Jeffersonvilfe Clerk-Treasurer entitles Glen n A. Lewis and Lewis Equity Group, to a warrant in the amount stated above. CITY OF JEFFERSONVILEE BOARD OF PUBLIC WORKS & SAFETY Th'o~as R. Gallig~an/ Rob Waiz / - - ATTEST: Peggy Wilder Clerk/Treasurer RESOLUTION NO. 02-R-32 A RESOLUTION ESTABLISHING LIST OF INJURIOUSLY AFFECTED INTERESTS IN CONDEMNED PROPERTY A_ND ESTABLISHING DAMAGES WHEREAS, on the 16th day of September, 2002, the Board of Publ/c Works and Safety of the City of Jeffersonville (the "Board") adopted Resolution 02-R-30, 3_ Resolution Condemning Certain Real Propert3' Pursuant to Indiana Code 32-11-1.5 et seq. xvhich real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, notice c f the resolution was published in the Evenb~ News on September 18, 2002 and September 25, 2002 as required by Indiana Code 32-11-1.5-30>); and WHEREAS, said ntfice stated that at ~ts regular meeting on October 7, 2002, the Board would hear remonstrances from persons interested ir~ or affected by the condemnation; and WHEREA,S, no one interested in, or affected by', the condemnation appeared and questioned the procedure with regard to the condemnation at the .Board's regular meenng on October 7, 2002; WHEREAS, on October 7, 2002, the Board adopted Resolution 02-R- 31, A Resolution Confmming Condemnation of Certain Real ProperD' Pursuant to Indiana Code 32-117_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 oxvners and holders of interests in the condemned property and serve written notice showing the amount of the award; and WHEREAS, the wrirmn notices must name a date the Board will receive or hear remonstrances concerning the damage awards. EXHIBIT G '~NOW THEREFORE, 'BE IT HEREBY RESOLVED that Glenn A. Lewis and Le~vis 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 Oc'tober 28, 2002 at 9:30 a.m. and the Clerk-Treasurer is hereby instructed to serve personal notice upon Glenn A. Lexvis, and Izewis 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. i//_/ of OCtober, 2002. Adopted this CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS & SAFETY ATTEST: Rob Waiz / · PARCEL 1- EXHIBI~r 'A' DESCRIPTION OF TWO PARCELS GLENN A. LEWIS A Parr 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 10 '~' Street, sometimes called Ek~n Avenue, running thence northwardly along the east side of Spring Street 71 feet and extending back eastwardly of that width throughout, the notch line parallel with and the south line binding on the north tine of 10'h Street 60 feet, and containing approximatel7 0.098 acres of land. Also, a parr 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 southwesterl7 corner of said Block No. 116 at the intersection of the easterly lirle of Spring Street with the northerl7 line of East l0th Street; thence North 54 deg. 30 min. East along the norrherl7 line of East l0th Street, 60 feet t° 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 easte[l7. . hne' of a paracel of land heretofore convey'ed to the Gulf Refining.~ Comoan7_ ~ . b7~ deed recorded in Deed RecOrd No. 125, page 292 of the Clark Conn. t7 Record of Deeds, 71 feet to an iron pipe; t~ence North 54 deg. 20 min. East parallel to the northerly line of said East 10'~ Street, 50 feet to an iron pipe; thlnce Sou~h 35 deg. 30 min. East paraliel with the easterl7 line 0f Spring Street 71 feei to an iron pipe on the northerly line of East 10~h 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 parr of Block No. 116 in the City of Jeffersonville, said State, Clark County, bounded thus: Beglnn~ing at a point on the east line of Spring Street, 7t feet nort~ of the southwest cor. n.er of sa,id BlockS'thence northwardl7 along the west line of said block, D6.7 feet; thence at r~ght angtes eastwardl7 178 feet; thence at right angles south'Fardl7 136.7 feet to a stake 71 feet northwardl7 from the north line of Tenth Street on a line parallel with the west line of said Block; thence westwardl7 at right angles 178 feet to the place of beginning, and containing 0.558 acres of land. Excepting therefrom, a part of Block No. 116 ih the City of Jefferson¥ilte of Clark County, Indiana, being a part of the same land conveyed to Murphy .Corporation at Deed Record 248, page 330 and bounded as ~ollows: 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 Su'eet 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 contaming 0.092 acres of land. The net area of land a~er the exception is 0.466 acres. These descriptions, were obtained from the recorded deeds. I I Z 178' 144' LEWIS EQUITY GROUP, LLC INST. 3210789 0.466 ACRES 253' "V - /__ GLENN DD 31, PARC LEWIS IST. 2556 L 1 0.098 ACRES 0.081 ACRES 60' 50' loth STREET (OLD S.R. 62) 60' R/W 0 30 60 Scale 1" = 30' pi. AT OF THAT.PART OF' BLOCK NO. 116 IN THE Cf'P( OF JEF'i:'ERSONVILLE, It,IDA THIS PLAT WAS PREPARED FROM PUBLIC RECORDS AND A LIMITED FI.ELD SURVEY. JACoBI, TOO}~:BS & Lil~Z, INC. 120 B~ A~ ~. ~A .4712~ '(812) Cla~k County Rec~ Page l o~ 5 .I 200227277 ' ?/C2 Da~e le/29/2ee2 Tt~e 15:42:31 RESOLUTION NO. 02-R- A RESOLUTION CONFIRMING CONDEMNATION QF CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE 32-11-1.5 et. seq. 2: WHEREAS, on the 16 day o ,f September, 2002, the Board of Public W~)rks and Safety of the City of Jeffersonv'ille (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 News On September 18, 2002 and September 25, 2002 as required by Indiana Code 32-11-1.5-303); and WHEREAS, said notice stated that at its regular meeting on October 7, 2002, the Board would hear remonstrances from persons interested in or affected by the condemnation; and ' WHEREAS, no one interested in, or affected l>y, the condemnation appeared and questioned the procedure with regard to the condemnation at the Board's regular meeting on October 7, 2002; NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby confirms its original Resolution condemning and appropriating for the use of the City of Jeffersonville (the "City") the property located as a part of Block No. 116, recorded in Plat Book 3, Pages 16 and 17, and also a part of Block No. 116 of C. R. Mil/he's map of Jeffersonv/l-le, Indiana, as recorded in Plat Book 3, Page 17, being a part of the same tract conveyed to a Glenn A. Lewis, as described in Exhibit "A"; and; ';' NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the real estate as a part of the property located as.a part of Block No. 116, recorded in Plat Book 3, Pages 16 and 17, and also a part of Block No. 116 of C. R. Mi.line's map of Jeffersonville, Indiana, as recorded in Plat Book 3, Page 17, being a part of the same tract conveyed to a Glenn A. Lewis, as described in Exhibit "A"; and; NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Clerk-Treasurer shall record a copy of this Confirming Resolution iff 'the office of the Recorder of Clark County, Indiana to memorialize the City's condemnation of the real estate locate.d as a part of the property located as a part of Block No. 116, recorded in Plat Book 3, Pages 16 and 17, and also a part of Block No. 116 of C. R. Miline's map of Jeffersonville, Indiana, as recorded in Plat Book 3, Page 17, being a part of the same tract conveyed to a A , and; Glenn A. Lewis, as described in Exhibit" '" NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board shall promptly prepare a list of affected property owners, award damages sustained to the property, and pay damages on the affected property, ail as required by Indiana Code 32-11-1.5-1 etseq.; and Adopted this 7th of October 2002. CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS & Thomas R. Gall/gan, Mayo~ ATTEST: Clerk .- Treasurer Aug~14-02 03:28P Jacob5 Toombs Lanz .812 PARCEL 1' EXHIBIT 'A' DESCRIPTION OF TWO PARCELS GLENN A. LEWIS A parc of Block No. 116, as shown on ma~ on plat made b7 Jeffersonville Association, recorded in Plat Book 3, pages 16 .~d 17 in the Recorder's Office of Clark County, Indiana and bounded as follows: Beginning at the .~cuthwest corner of said Bl~ck No. 116 at the intersection of Spring and 10:h Street, sometimes.caqed Ekln Avenue, running 'thence northwardl7 along the. east side of Spring Street 71 ,f~et and e;,-tending back ~.utwardly of that. width t,h. roughout, the nor'ch line parallel with 'ii~.~d f~ '~6"urh lirle biasing >~ti-.~ no,'ck line 0f '~'0'WSt~i;i '60 feet, and containing approximatel7 0.098 acres of land. Also, a parc of Block No. 1 I6 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 doni~i; o£said Block No. 116 at the inrersecrlon of the easterly line of Spring Street with *he noriHer[j lini Of.East I0'h Street; thence North 54 deg, 30 northerly line ,,£ Eo,t--1.0~.S ~reer,: 60 feet to an iron pipe which is the True min. East along the ' ' ' "~ ";"""' '"': ' "' '" Place of Beginning of land :o be herei,', de}'c"rlb=d; th~r~a'".North 35 deg. 33 min. West along the easkerly line of a parcel of land h.ercto~Core conveyed to the Gulf Refining Company by deed recorded in Deed Re. cb'r~l No. 125,'page 292 %f, tlbe Cl:~rk'Count~' Recoi:d 'of Ddeds, 71 feet to an iron pipe;-thence Norclx 5;.deg. 20 min. East parallel'{0:th'~'fibrtherly line of said East l0th Street, · 50 feet to an iron pipe; thenc, ~out},' 35.deg,.30 mini. Eat'parallel with the easterl7 line of Spring Street 71 feet to an.'.irdn' pipe on' the~nomherly line of, Eadt d0Lh Street; thence SOUth 54 deg. 20 min. Wes% 50 feet to.th~,True Place 9f Begi}cning md cdnt~in!n.g:9.0..8.1.,:'acres of land. Subject to any and. all easemefits and/or ~estrictions of record relative to the above described real ..... ," :' :LEWIS EQUITY GR.©UP~ LLC' - - Being part of Block No-;.116.in the City oi~.Jeffetsbnville?,~aid. Sta{e, Clark County, bounded thus: Beginning at a point on.the east llne of Spring'Street, 71 'feei north of the southwest corner of said Blook; thence northwardly alon§ the west. line of said:.block, 136.7 feet;thence at right angles eastwardl7 178 feet; thence at right aibgtei sb~i~hwardl~?; i.36'.7..feet io:a' stake 71 feet northwardly from the north line:of'Tenth Street on a line :paral'l~l.:'~ith 7th'e wesi 'l'iiig of.said B}ock; ch~nce westwardly at righ. t'angles 178 feet to the'place:bf, begi:~king/and cb'fft~ining 0.558 acres of land. Excepting there{rom? a:part of,Block.No...1;16, m the~ Gtty~of:Je .ffe!'s. gnv.llle of Clark County', Indiana, being a paCt'o{ the s'am~ land conveyed to Murphy Cgrp. br~.tion at Deed Record 248, Aug-1 -02, 03:2gP j~i~'obi-'TfcJomb~ 'lsanz . "..;' ~. .- .'. :. --~.e~,-~ -. · - · urses' North 40 · .?;.'; ' . ?'-',a'~'~:~ ~To 116 thence the following co ·; ' '~t~ COr~ O~ S~lu ~u~ ~ · -. ~ . . . Commencing. at ~ " ' w~m' ' me' e~er~y- ~ ' m~:-- ~- ~K SArm~ = Street to. a dnll hole, No~ ~ ao~.. de~.~. 00 ~n. ~es~, ~1~ ~e? ' ' me' ' soumeny-' ~- -~:~" ..... ~ ~h~ lanJ' o( sa~d MurpKy Corpor'mon and 52~n. 38 sec E~ 153.0 lee; : "ton h~ wh{ch R: the t~e' place'o{ be~innin~. Thence the parallel to Tent~:~Ft'~pt t~t , ..... ~ -'- t5 ~eC '~,'~D'6[gi.~ee{ severm~ the land o~he ~kh an non ppe. m ........... ... -' no~h~f~'BO'fi;ad~., to e , -, ' ] .,, tul_ .,kC ~rmtor's mos[ e~terly corner; said The ne~ ar~a o['l~d ;~e~*he exc~?don is 0.46S.acres. ~ Tkese d~crip{ioas were obtained f;om t~; ;e~orded. Aug~14_O~,03:29P Oa~ob~ Toombs Lanz 17R' "= ~'' r... t..~"; .~' .. -- - 144' : LEWIS:..-EQUITY ~R'OUP, L C .... INST....32107.89 ,;:~:-.-:'~':=:' I I 0.4664ACRES 't. ~53' -- GLENN 4- LE,W. IS .. D'D .31, IlqST:'',~2556' i 34' ,I : ........ ~.:: ,.~-..~,.:,?:- ~ ....... I ............... 1 sTREET' .' (QLD S.R. 62) 60 R/ i.... " ....... :"' THIS pLAT WAS pREPARED i., .... ~ ,' FROM' PUBLIC RECORDS AND .,. :.'.'.:.C; --:..'~: A.LIMITED FIELD SURVEY. ~.,-,I,~ 1, =,50 ~..-, ,.,, ; .-!~..,.. ~__ · ,-,,--...,:,.,..-;,,..~..;... ~ :, ... . .... .:'.. :, , '.;---'.- ;,:, ..... . ~14,--0~ "' ...... r-- -. . . ~ ~.. · RESOLUTION NO. 02-R-~0 A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE 32-11-1.5 et. WHEREAS, the Board of Public Works and Safety of the City of Jeffersonville (the "Board") desires to appropriate and condemn, for the use of the municipality, the real estate described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the Board has determined that the real estate described in Exkibit A, may be injuriously and/or beneficially affected by the condenmation; and NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby appropriates and condemns for the use of the CiD- of Jeffersonville (the '!Cky") the real estate described, in Exhibit A; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Clerk-Treasurer shall publish notice of this Resolution in the Evening News once each xveek for the next v.v0 (2) consecutive weeks; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Bodrd shall receive.and hear remonstrance from persons interested in, or affected by, this condemrration at its regUlarly-scheduled meeting on October 7, 2002, and then take fma action, conErming, modifying, or rescinding its original resolution. . Adopted this 16th of September, 2002. ATTEST: p~g~. 7x74~, Clerk-Treasurer CITY OF JEFFERSONVILLE Thomas R. Galliga~, · qug-..!4-02 03:28P 3scobt Toombs Lsr~z 812 288 6656 P-02 ':' PARCEL 1~ EXHIBIT 'A' DESCI'UPTION OF TWO PARCELS GLENN A. LEWIS A part of Block No. 116, as shown on map on plat rhode by Jeffersonville Association, recorded in Plat Book 3, pages 16 'Lad 17 in the Recorder's Office of Clark County, Indiana and bounded as follows: Beginning at the scuth*;~st corner of said Block No. 116 at the intersection of Spring and l0th Street, sometimr, s called Ekln Avenue, running thence northwardly along the east side of Spring Street 71 f,.e,? and e:~'t..endi, ng back .' tstwardly of that width throughout the north line parallel with ii{d ~g~ ~6'u~h lir{e hi6ding :m"~r,/nm'ch line of'~'0m St~t 60 feet, and containing approximately 0.098 acres of land. Also, a parc of BlOck No. 116 of C.R~ Miine's rnaP of Jeffers°nville, 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 sourh,'re.;te,'ly corner of said Block No. 116 at the intersection of the easterly hne of Spring Srreet with ae northerly hne 6f..East Street; thence North 54 deg. 30 min. East along the no~'~herl7 lin~'~f E'~ t'~;i0ih S :ret:t,: 60 leer't6 ah ii'on pipe Which is the Tree Place: of Beginning of land :o be herelz de}Erlbea; th~n'cg North 35 deg. 33 min~ West along the easterly line of a parcel et land bcrc.ozore conveyea to the Gulf Refining Company by deed recorded in Deed Rec6i'8 No. 125,'page 292 'o[ the Clgrk'Count7 Recoi;d of Deeds, 71 feet to an ir'on pipe; thence Nor~lu 5r~ deg. 20 min. East parallel '{0'the'n0rtherl7 line of said E3st i0m Street, 50 feet to an iron pipe; th&no: %ut!, 35 deg. 30 min. East [Sitfaltel with the easterly line of Spring Street 71 feet to an. lrdn'pi_pe on the'nor~herly line of. East~i09 Street; thence South 54 deg. 20 min. West, 50 feet t& the,True Place .o{ Begir. ning and c0ntain!ng. 0.08!:acres of land. Subject to any and all easements aaa/. r restncnons of record relative to the above described real estate ~. : .. . :: DESCRIPTION' OP.A PARCEL · .'-: ... t: :' :LEWIS EQUITY GROUP, LLC Being part of Block No;.116 in the Ci~ of-Jeffers0nvi.lle,:.~ald Sta{e, Clark County, bounded thus: Beginnii~g at a point on,the east line of Spring'St~eet, 71 feet north of the southwes~ corner of said Block; thence northwardl7 along the west line of said:block, 136.7 feet; thence at right angles eastwardl7 178 feet; thence at right angle§ s6u~hwardly. 136.¢~feet t° a stake 71 feet northwardly from the north line :of ~enth Street on a line ;parallel.,with.th'e west .i'ine of said Block; thence westwardl7 at righ['angles'lTg feet to the'place o£ be.'gifining, lind c6ntaining 0.558 acres of land. .... ,.,6m the. City;0f:Jeffersonville of Clark County, Excepting therefrom3 a.part.of;Block No. '" ' . Indiana, being a pa~t of the ~ame land cou,,eyed to Murphy C0rpor~tion at Deed Record 248, ,Aug-.14-02 03:297 j~i.b_ob'i'Toc, mb:;; 'Lat'~z 812 288 6656 Commencing at the s~th come? of said'B~dl~ No. 116, thence the foliowing courses: North 40 deg. 00 min. West, 71..0 fee: with the easterly line of Spring Street to a drill hole; North 49 deg. 52 min. 38 sec East,:153.0 fee~' .~ith the southerly llnt: of the land of said Murphy Corporation and parallel to Tenth. S..tr.eet'to az iron i',: w},ich i~ the tr~e place of beginning. Thence the following courses of the boUnda~..: No. Th 43 deg. 46 m;r~.. 15 sec.'Wist,'136.9! .feet severing the land of the grantor to an iror~'l~in in iais nor,.i~ern bound ,.ry; North..49..deg..52 min. 38 sec. East, 34.00 feet with said northern bou.=d=a-y to ar. i:un pipe i~, Marhoefer's westerly line; South 40 deg. 00 min. East, 136.70 feet'.with_said MarhoeFcr'.s lit!~ ~9. a d~'i!l..hg[e,.The grantor's most easterly corner; South 49 deg. 52 min. 3g sec. 'W:.iz 25.00 feet wkh .;aid grantor's southern line to the true place of beginning and contalni:~g C.09; acres of !a~d. The net area o£ land afl:er the exc.'pdon ~s 0.466 acres. These descriptions were obtained from the rec.~rdeJ deeds. P.03 Au~-,~4-02 03:2~P J&cobi Toomb$ lsnz [ 812 288 6656 P -04' Z 178' LEWIS EQUITY GRouP, LLC / ... INST. ,5210789 ......... 0.466 '~;ACRES GLENN DD 31, 'PARC 0.098 &CRES !53' ~ L-'"' · LEWIS ,IST. 2556 L I"' ..J 0.081 ACRES 60' 5C' /~ loth S,,TREET (OLD S.R. 62) 60' R/W 0 - "30 ........... 60 ................... THIS PLAT WAS PREPARED FROM PUBLIC. RECORDS AND A LIMITED FIELD SURVEY. Scale 1 A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE 32-11-1.5 et. seq. WHEREAS, the Board of Public Works and Safety of the City of Jeffersonville (the "Board") desires to appropriate and condemn, for the use of the municipality, the real esrare described in Exkibit A, attached hereto and incorporated herein by reference; and WHEREAS, the Board has determined that the real esrare described in Exhibit A, may be iniuriously and/or beneficially affected by the conderrmanon; and NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby appropriates and condemns for the use of the City of Jeffersonville (the "City") the real estate described in Exhibit A; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Clerk-Treasurer shall publish notice of this Resolution in the Evening News once each week for ~e flext txvo (2) consecutive weeks; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the B~ard shall receive and hear remonstrance from persons interested in, or affected by, this condemnation ar xrs~regularly-scheduled meeting on September 9, 2002, and then rake final acuon, c~h£trrning, modifying, or rescinding irs original resolution. Adopted this 19th day of August, 2002. ATTEST: pigg CXerk-Treasurer qug~X4-O2 03:28P Jacobi 6656 PARCEL 1' EXHIBIT 'A' DESCI~JPTION OF TWO PARCELS GLENN A. LEWIS A pan of Block No. 116, as shown on map on plat made by Jeffersonville Association, recorded · in Plat Book 3, pages 16 tad 17 in the Recorder's Office 0f Clark County, Indiana and bounded as follows: Beginning at the rcuth*;est corner of said Block No. 116 at the intersection of Spring and l0th Street, sometimc, s ca;led Ekln Avenue, running thence northwardly along the east side of Spring Street 71 feel a. nd e:~endi.ng back .' tst,.vardly of that. >yldth t~rougnou% the north line parallel with iiid ih'~ '~6uth Iifie bitiding :,n tee north line of 10~h Street 60 feet, and containing approximately 0.098 acres of land. Als0, a parr of BloCk No. 116 of C.R. Miine's map of Jeffersonvilh, 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 south,"esterly corner of said Block No. 1 I6 at thk intersection of the easterly line o£ Spring S~reet with ~i~e northerly line 6f East 10~h Street; thence North 54 deg. 30 min. East along the northerly lin~ ,~f E=~ii0i~ S:reet, 60 feet'to an iron pxpe which, is the True Placi of Beginning of land :o be herei; de~Erlbed; thJnc~ North 35 deg. 33 min. West along the easterly line of a pardel o.* land bt'rc.ozore conveyeo to the Gulf Refining Company by deed recorded in Deed Recbi'/J No. 125, page 292 of the Cla~'kCountbr Recoi;d of Deeds, 71 feet to an ii'on pipe; thence Nor~t~ :>: deg. 20 min. East parallel '{o' the northerly line of said East i0'~ Street 50 feet to an iron pipe; thEno: qout!, 35 deg, 30 min. East tbaiallel with the easterly line of Spring Street 71 feet to an ic0n'pi£e on the~norrherly line of East:109 Street; thence South 54 deg. 20 min. West, 50 feet to the,Tr~e Place of Beglr. ning and contain, ipg. O.081'acres of land. Subject to ajay and all easements and/or restrictions o{ record relative to the above described real : ... DESCRIPTION OF..A PARCEL -.. ": . LEWIS EQUITY GROUP, LLC Being part of Block No,.116 in the City ofJeffers0nville,.,iaid. State, Clark County, bounded thus: Beginning at a point omthe east line of Spring'Sn eat, 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 anglei s6ufhwardly. 136.7..feet to a stake 71 feet northwardly from the north line 'of ~enth Street on a line~parallel.;'wkhlthe west l'ine of said Block; thence westwardly at righ~ angle~'178 '.' ". 7 " ' ' ' feet to the place or begmmng, and containing 0.558 acres of land. ' ' ' ~.6 m the. City;0flJeffersonville of Clark County, Excepting therefrom:i a,part obBlock No. ''' ' . . . Indiana, being a piii of the iame l~nd con',eyed to Murphy Cgrpomtion at Deed. Record 248, P.02 · AU~- 14-02 03: 29? J~.cob'i "'Fo.",mb:; 'Lal~z 812 288 6656 Commencing at the s~th corner of saidBi'~l~ No. 116, thence the foliowing courses: North 40 deg. 00 min. West, 71.0 fee: with the easterly line of Spring Street to a drill hole; North 49 deg. 52 min. 38 sec East~:l 5'~.0 feei' .with the southerly lint: of the land of said M~rphy Corporation and parallel to Tenth Street'to at iron in wi,ich i~ the true place of beginning. Thence the following courses of the bounda~'.-: Ne,Th 43 deg. 46 ,n;n. 15 seci'W~st,'136.91 .feet severing the land of the grantor to an iroti'~ln in his nor.';mr~ bound ,.fy; North_.49..deg..52 min. 38 sec. East, 34.00 feet with said norther~a b6u.~d~ty to an ~:on pipe it, Marhoefer's westerly, llne; South 40 deg. 00 min. East, 136.70 feet w~h.sa;.d Marhoe~r'.sJin.e ~9 a dri!t_hgle,.The grantor's most easterly corner; South 49 deg. 52 min. 38 sec. W~-~: 25.00 feet wi'& .mid grantor's southern line to the true place o~ beginning and contalnh~ ~'.09~ acees of !and. The net area of land ~.fter the exc;pdon ~s 0,46b acres. Tkese descriptions'were Obtained from the recto'deal deeds. Aug.',14-02 03:29P Oacobi Toombs Lanz 812 288 6656 P.04 178' 144' LEWIS EQUITY GROUP, INST. ,3210789 .- - 0.466 ';ACRES 153' GLENN DD .,31, - 'PARC LEWIS qST. 2556 L 1 .J 0.098 ACRES 0.061 ACRES 25' . 60' 5C' /~ lOth STREET (OLD S.R. 62) 60' R/W 0 ~ ".50 .............. 60.' ...................... Scale 1!I '. 50' .,' P~AT OF :. THAT PART!OF BLOCK NO. 11S IN THE '~"': THIS PLAT WAS PREPARED FROM PUBLIC RECORDS AND A LIMITED FIELD SURVEY. Form Prescribed by slate Board of Accoanla Clark County. Indiana PUBLISHER'S CLAIM LINE COUNT Display Mailer (Must aol exceed two aclu;ti lines, neither of which shall total II]O]'c tllall IX)ur seiki lines el type in which Lite bod3 of tim advcrlisemcm is seO -- number of cquivalcnl [hies .................... Itead -- mmibcr of lines ........................................... Body -- Nambcr of lines ........................................... Tail -- number of lines ................................ . .......... Total number of lines in notice ..................................... COMPUTATION OF CHARGES g~ lines. I colunms wide equals t§<~ C,.luiwdcnl lines at .'~ff cents per line ............................................. $ Additional chmgc for notices containhlg rule or labtllar work Charge for extra proofs of publicatiou ($4.00 fi.*r each proof. TOTAL AMOUNT OF CLAIM Ger, eral Form No. 99p (Revised 1999) From: The Evenin~ News 221 Sprirm St. P.O. Box 867 Jefferson,.~lle. IN 47[30 7I. q2-. '7 h q2- DATA FOR COMPUTING COST Width of single colunm 9.0 ems FEDERAL ID# Number of insertions ~ 63-1283140 .(:. Size of type 6.5 poim Pursuant to die provisions and penalties of ChaFIcr 155. acts 1953. I hereby certify that the foregoing account is jus{ mid correct, that Iht amount claimed is Icgal{~ duc. after allowing all _usc credits, and that no part of thc same has been f, aid. Date: /~ 0v't~.~ b-e / .3...9... 20 O~_ Title: Legal Bookkeeper ATTA('I i COl'5 (IF 'il)V LI,tTISI';M F.N'I III.';RE PUBLISHER'S AFFIDAVIT Stoic ol Indianu ~ ) SS: Clark ~o~J nly ) Pcrsolla][} appeared before nit. a ilolary public in and Ibr said coutlly and stale, the undersigned ~J.,~'l'~ M o (60 who. being duly sworn, says Ilia[ she ix legal bookkeeper of The Evening News newspaper of general circulation printer ar, d i>ublished in the Eaglisb language i~] thc (city) o£ Jeffcrsonville m stale and county aforesaid. aJId thai Ihe pr[hied nlaLler aHached herelo is a n'ue copy. which ;vas daly published in said paper for o-).. time $ , the dates ,:ff publication being as follows: N~ve~,b~,~ IS ~ :z~-, ~a~ Subscribed at,d sworn to bel~re n,e thisd3';'7~day of_~. 20 ~..~3. RECEIVED Per.~.....o To: ~_~ Clark COunty. [nd aha PUBLISHER'S CLAIM LINE COUNI' Display Matter (Must tie: exceed two ac:ua[ lines, neilhcr of which shall Head -- rmmbcr of lines ........................................... Body -- Number of lines ........................................... Tail -- number of lines ............................................ General Forlo Nu. 99p (Revised 1999) From: Thc Evcnine News 221 Spring'St. RO. Box 867 Jeffersonvllle. IN 47130 COMPUTATION OF CHARGES [.~"'/ lines. I columns wide equals !5~ eql. lp,~dcnl lines at ~ cents per line ............................................. $ 7.2. ~.~ Additional charge for notices containing rule or tubular v.,ork !50 percent of above all)()Uil[ ...................................... Charge for extra prool~ el' Ilttblication t$4.00 t~)r tacit proof itl excess of Iwo) ................................................ TOTAL AMOUN" OF CLA M .......................... ~,2.. ~ g DATA FOR COMPUTING COST Width of single cohmm 9.0 ems Number oF insertions ~ FEDERAL ID# 63-1283140 j~. Size of rypc 6.5 p?int Pursuant to the provisions and penalties of Cl'(aptcr 155. act~ 1953. I hereby ccrtily thai the F6regomg account is just and cermet, that the antount claimed is legally due. after allowing all just credits, and that no part of the same has been paid. Date: ~'x[OV~t,m b*g" '~ 20 02.~ Title: Legal Bo,.)kkeel)et PUBLISItER'S AFFIDAVIT Clark Cimnty ) and slate. ,he tmdcr~igned ~}p_T-¢'~ ~x~ o [& v'~ who, being daly newspaper of gcucral circuhttion printer and published in the English hmguag¢ in Ille (city) of Jcll~rsonville in state and couuty albresaid. d.uly published in said paper for .Z. tinle .~__ . the Atx_~sL_S( ,~',d ~e.p4emfJcr 7, Subscribed and sworn to before me this ,~72/ day ol'~:~z_.~,..., 20 ~.~&. PARCEL 1 EXHIBIT A' ~he northerly line of E Record No. 125, page ,ol the Clark County Rel ~orthefl~; line of said deg. 30 min. E~S par Subject to any ant PARCEL. ~81(~ck thence notth~. ~dght angles eastward) feet; thence a right e~ Record 248, page 330 Floor City-County Bt~ildil