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HomeMy WebLinkAbout2018-R-5 RESOLUTION NO. 2018-R- BEFORE THE JEFFERSONVILLE COMMON COUNCIL STATE OF INDIANA A RESOLUTION ESTABLISHING INTEREST IN PURCHASE OF LAND WHEREAS, the Common Council for the City of Jeffersonville (the "Council") is the legislative body with the statutory authority to authorize the purchase of land or structures; and WHEREAS, I.C. 36-1-10.5-5 sets forth the procedure for the City of Jeffersonville (the "City") to purchase land or structures; and WHEREAS, I.C. 36-1-10.5-5 requires the Council to adopt a resolution stating it has interest in making a purchase of specified land or a structure; and WHEREAS, the Council finds that it necessary the City to acquire certain land for purposes of implementing and constructing a public works project to alleviate drainage and flooding in the area; and WHEREAS, the Council finds that the land as described in attached Exhibit "A" is appropriate and adequate for said public works project; and WHEREAS, the Council believes failure to proceed with the public works project could jeopardize further development in the area as drainage and flooding is likely to continue and/or subject the City to further damages and expense arising out of the flooding; and NOW THEREFORE BE IT RESOLVED by the Common Council for the City of Jeffersonville, Clark County, Indiana as follows: 1. The Council has interest in making a purchase of the land as described in attached Exhibit "A". 2. The land is necessary for implementing and constructing a public works project to alleviate drainage and flooding in the area. 3. The Council designates the Jeffersonville Board of Public Works and Safety (the "BPW") as the lawful purchasing agent to purchase or acquire the land pursuant to I.C. 36-1-10.5 and to comply with the statutory requirements governing the purchase or acquisition; and 4. The Council further acknowledges that the City, by and through the BPW, has the authority to proceed with the acquisition of the land by eminent domain pursuant to I.C. 32-24-1 for the public purposes set forth herein in the event the City cannot reach acceptable terms for the purchase of the land. This Resolution shall be in full force and effect after its passage by the Council and approval by the Mayor. Volid•i F;- " Voted Against: I)11,4 07Arit z(fi° 1' '"4i SO RESOLVED this (2 day of 2018, by the Common Council of the City of Jeffersonville, Clark Count , Indiana. Lisa G�esi Presiding ng Officer and Council President zz T: eot Vicki Conlin Clerk Presented by me as Clerk to the Mayor of said City of Jeffersonville at m on this day of `rncj , 2018. �or� R�S Vicki Conlin Clerk Approved and signed by me at m. o t • .y of 2018. Mike Moore! Mayor Vetoed by me at m. on this day of , 2018. Mike Moore, Mayor EXHIBIT A Legal Description A part of Survey No. 21 of the Illinois Grant in Jeffersonville Township of Clark County,Indiana,being a part of the same land conveyed to Jacob and Ethel Woehrle at Deed Drawer 1,Instrument No. 8151,and bounded as follows: Commencing at an iron spike at the centerline of the New Albany and Charlestown Pike which marks the west corner of Survey No. 21 of the Illinois Grant, thence the following courses: South 35 degrees 41'25"East,2386.16 feet with the line dividing Survey Nos.20 and 21 of the Illinois Grant to the most southerly corner of John Woehrle's 1.1 acre tract (Deed Record 280, page 347)and which is the True Place of Beginning;thence the following courses of the boundary:North 55 degrees 10' 13" East, 646.29 feet with the southeasterly line of said 1.1 acre parcel to an iron pin in the southwestern line of a 100 foot wide roadway(Deed Drawer 28,Instrument No.22227);South 35 degrees 41'25"East,696.37 feet along the southwestern line of said roadway to an iron pin; South 35 degrees 41' 25" East, 21.86 feet to a railroad spike in the centerline of Jeffersonville-Charlestown Pike;South 21 degrees 09' 19"West,764.71 feet with the centerline of said Pike to a railroad spike;North 35 degrees 41'25"West,203.73 feet leaving said centerline to an iron pin; South 54 degrees 18'35" West,6.00 feet to an iron pin in the line dividing Surveys 20 and 21; North 35 degrees 41' 25" West, 942.43 feet with said dividing line to the True Place of Beginning,containing 13.830 acres. Excepting therefrom,Lot# 1 of Minor Plat of Morton Memorial Subdivision, as the same appears of record in Plat Book 16,page 59 in the office of the Recorder of Clark County,Indiana. THE ABOVE REAL ESTATE NOW KNOWN AND DESCRIBED AS: Lot#2 of Minor Plat of Morton Memorial Subdivision,as the same appears of record in Plat Book 16,page 59 in the office of the Recorder of Clark County,Indiana. Subject to any and all easements and restrictions of record affecting this real estate