IN THE CIRCUIT COURT 2 COURT OF CLARK COUNTY STATE OF INDIANA CITY OF JEFFERSONVILLE PETITIONER JONAS G. HOWARD, OR HIS LEGAL HEIRS RESPONDENTS CASE 10C02-1604-PL-55 SUMMONS BY PUBLICATION This summons is to the Respondents, Jonas G. Howard, or his legal heirs and to any other person who may be concerned. You are notified that you have been sued in the Circuit Court 2 of Clark County, State of Indiana, in an action entitled "City of Jeffersonville vs. Jonas G. Howard, or his legal heirs", under Case # 10C02-1604-PL-55, by the person above named as Petitioner. This summons by publication is specifically directed to the Respondent, Jonas G. Howard, or his legal heirs, whose whereabouts are unknown. The named Petitioner is represented by Leslie D. Merkley, Corporation Counsel, City of Jeffersonville, 500 Quartermaster Court, Jeffersonville, IN 47130 Tel: (812) 285-6423. The nature of this suit against you is for appropriation of real estate known as 1013 Tenth Street, East, Lot 30, in Block No. 10 of Fulton Grove Subdivision, No. 2, Jeffersonville, IN 47130. You or your attorney must respond within thirty (30) days after the last notice of this action is published, and if you fail to do so and sixty (60) days have passed from the date this action for appropriation of real estate is filed, a judgment by default may be entered against you for the relief demanded by the Petitioner. If you have a claim for relief against the Petitioner arising from the same transaction or occurrence, you must assert it according to the Indiana Rules of Procedure. Dated: April 25, 2016 Clerk, Circuit Court 2 Clark County, Indiana IN THE CIRCUIT COURT 2 FOR CLARK COUNTY STATE OF INDIANA CITY OF JEFFERSONVILLE, Plaintiff vs. JONAS G. HOWARD, OR HIS LEGAL HEIRS Defendants CASE NO. 10C02-1604-PL-55 COMPLAINT FOR APPROPRIATION OF REAL ESTATE Comes now the Plaintiff, City of Jeffersonville (the "Plaintiff"), by counsel, and for its Complaint against the Defendants, Jonas G. Howard, or his legal heirs (the "Defendants"), states as follows: 1. Plaintiff, acting through the City of Jeffersonville, is engaged in a public highway improvement known as project number 0810280 and as the East Tenth Street Project. 2. To improve this area, Plaintiff must appropriate fee simple title and access rights to the real estate and easement across the property owned by Defendant, Jonas G. Howard, or his legal heirs. The real estate interest to be appropriated known as 1013 Tenth Street, East, being part of Lot 30 in Block No. 10 of Fulton Grove Subdivision No. 2, Jeffersonville, Indiana 47130, is specifically described in the attached Exhibit "A". 3. Defendants, Jonas G. Howard, or his legal heirs are the owners of the property to be appropriated, by virtue of a Warranty Deed, which is attached to and made a part of this Complaint as Exhibit "B". 4. Defendants, Jonas G. Howard, or his legal heirs, may claim an interest in the real estate above based on a Warranty Deed dated April 23, 1923 and Recorded on February 19, 1924 in Deed Book 116, Page 381 in Clark County, Indiana which is attached to and made a part of this Complaint as Exhibit "B". 5. The residue of the owner's real estate may be benefited by the proposed improvement of the property. 6. Plaintiff made an offer to the most likely legal heirs of the real estate interest it seeks to acquire in this case, but owners refused to accept the Plaintiff's offer. Plaintiff has been unable to locate any additional legal heirs to the real estate to be appropriated. On Friday, February 5, 2016 and again on Friday, February 12, 2016, a notice was published in the News and Tribune legal advertisements with a formal offer for this real estate, but no response was received to this offer. 7. The improvement project begins in or around May or June, 2016. WHEREFORE, Plaintiff respectfully requests that the Court order the appropriation of the real estate interests it seeks to acquire in this case; appoint three (3) disinterested appraisers, pursuant to IC 32-24-1-7(c), to appraise the value of the interests to be appropriated and the amount of benefits and damages, if any, caused by the appropriation; order the appraisers to make their report in writing to the Court; order the Clerk of the Court to send the Report of Appraisers, by certified mail, as required by statute, to all parties and all counsel of record; and grant all other just and proper relief. Plaintiff reserves the right to demand a trial by jury. Respectfully submitted, /s/Leslie D. Merkley Leslie D. Merkley Supreme Court No. 19851-10 Attorney for Plaintiff CERTIFICATION OF COMPLIANCE WITH TRIAL RULE 5(G) I do hereby certify that the foregoing or attached court record or document complies with the requirements of Trial Rule 5(G) with regards to information excluded from the public record under Administrative Rule 9(G). /s/Leslie D. Merkley Leslie D. Merkley Corporation Counsel City of Jeffersonville Leslie D. Merkley Corporation Counsel 500 Quartermaster Court Jeffersonville, IN 47130 Telephone (812) 285-6423 Facsimile (812) 285-6403 lmerkely@cityofjeff.net EXHIBIT "A" Project: 0810280 Parcel: 26 Fee Tax ID: 10-20-00-200-920.000-010 A part of Lot 30 in Block No. 10 of Fulton Grove Subdivision No.2, the plat of which is recorded in Plat Book 4, page 53, in the Office of the Recorder of Clark County, Indiana, and being all that part of the grantor's land lying within the right-of-way lines as depicted on the attached Right-of-Way Parcel Plat, marked Exhibit "B", described as follows: Beginning at the east corner of said lot; thence South 54 degrees 12 minutes 33 seconds West 5.00 feet along the southeastern line of said lot to the east corner of the tract of land described in Instrument Number 200514620; thence North 35 degrees 45 minutes 10 seconds West 7.00 feet along the northeastern line of said tract; thence North 54 degrees 12 minutes 33 seconds East 5.00 feet to the northeastern line of said lot; thence South 35 degrees 45 minutes 08 seconds East 7.00 feet along said lot line to the point of beginning and containing 35 square feet, more or less. This description was prepared for the City of Jeffersonville, Indiana on the 22nd Day of March, 2012. by /s/Stuart A. Hein Stuart A. Hein Indiana Registered Land Surveyor License Number LS80920007 EXHIBIT B STATE OF KENTUCKY, JEFFERSON COUNTY, SS: Before me, the undersigned, a Notary Public in and for said County and State, this 12 day of January A.D., 1924, personally appeared the within named Ernest C. Eberts and Hetti Eberts, his wife Grantors in the above conveyance, and acknowledged the same to be their voluntary act and deed, for the uses and purposes herein mentioned. In Witness Whereof, I have hereunto subscribed my name and affixed my official seal. C. Seely Burba. Notary Public. Notary Public, Jefferson County, Ky. My commission expires Jan. 9th, 1928. (N.P. Seal) Revenue Stamps Cancelled Three Dollars. Received For Record This 19Th. Day of February 1924 At 9:45 A.M. /s/C. Seely Burba 279 THIS INDENTURE WITNESSETH That GEORGE P. COCHRAN and LULIE N. COCHRAN (his wife), of Clark County, state of Indiana, CONVEY AND WARRANT To JONAS G. HOWARD, of said County and State, for and in consideration of the sum of $1.00 and other valuable considerations in hand paid, the receipt of which is hereby acknowledged, the real estate in Clark County, state of Indiana, described as follows: Being 5 feet off the east side of Lot Number 30, in Block Number 10, of Fulton Grove Subdivision Number 2, of part of Letter A, in Survey Number 2, of the Illinois Grant, as the same appears on the plat of said subdivision filed in the office of the Recorder of said county of Clark on page 53, of Plat Book 4. In Witness Whereof The grantors have hereunto set their hands and seals this 23d day of April, 1923. George P. Cochran (Seal) Lulie N. Cochran (Seal) STATE OF INDIANA COUNTY OF CLARK SS: Before me, the undersigned, a Notary Public in and for said county and state, this 23d day of April, 1923, personally appeared George P. Cochran and Lulie N. Cochran (his wife) and acknowledged the execution of the foregoing, annexed deed. Witness my hand and notarial seal. Lora J. Burtt. Notary Public. My Commission Expires Dec. 28, 1923. (N.P. Seal) Received For Record This 19Th . Day of February 1924 At 10:30 A.M. /s/Lora J. Burtt IN THE CIRCUIT COURT 2 FOR CLARK COUNTY STATE OF INDIANA CITY OF JEFFERSONVILLE, Plaintiff vs. JONAS G. HOWARD, OR HIS LEGAL HEIRS Defendants CASE NO. 10C02-1604-PL-55 NOTICE TO SHOW CAUSE In the Circuit Court of Indiana To the Circuit Clerk of Clark County, Indiana: You are hereby commanded to notify Jonas G. Howard, or his legal heirs, defendants, to appear before the Circuit Court of Clark County, Indiana on the 30th day of June, 2016, at 9:00 o' clock AM. to show cause, if any, they have why the property sought to be acquired in the complaint of City of Jeffersonville, plaintiff, should not be acquired. Witness my hand and the seal of the court affixed at ______, Indiana, this 9th day of May, 2016. /s/William A. Dawkins Clerk of Circuit Court, Clark County, Indiana William A. Dawkins, Magistrate Hearing to be held in Magistrate Courtroom B Prepared by: City of Jeffersonville Leslie D. Merkley (19851-10) Corporation Counsel 500 Quartermaster Court Jeffersonville, IN 47130 Telephone (812) 285-6423 Facsimile (812) 285-6403 lmerkely@cityofjeff.net hspaxlp
↧