Public Notice – Parke County, Acquisition of Real Property by Eminent Domain

NOTICE OF CONSIDERATION OF RESOLUTION FOR ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN PURSUANT TO I.C. 32-24-2 et al.

 

Notice is hereby given that the Gerald D. Gooch Living Trust and/or F. Imogene Gooch Living Trust, or any other person with an interest in the real property described herein, may appear before the Rockville Town Council on March 7, 2022 at 7 p.m. at Rockville Town Hall located at 100 E. High Street Rockville, IN to be heard as to any objection or complaint he or she has as to the condemnation of the property located at (full legal description attached as exhibit A).  If the trustee or legal representative of either trust entity or any other person with an interest in the real property listed herein objects to the amount of their proposed respective awards or assessments or objects to the municipality’s right to exercise the power of eminent domain for the use sought, he or she must file a written objection with the Rockville Town Council prior to said public hearing.  That said remonstrance or objections shall be considered and then final action will be taken either confirming, modifying, or rescinding the original resolution of necessity for acquisition of said property by eminent domain.  A copy of said proposed resolution of necessity for taking by eminent domain is on file at Rockville Town Hall and available upon request.

 

Dated at Rockville, Indiana, on January 18, 2022.

 

Nicholas R. Sauter

Attorney at Law

114 S. Market Street

Rockville, IN 47872

 

EXHIBIT “A”

Project: Rockville U.S. 41 North Sewer

Project

Parcel: 3 Permanent Easement

State ID: 61-06-36-000-401.100-001

 

A part of the Southeast  quarter of Section  36, Township  16 North, Range 8 West,  Parke County Indiana, and being that part of the grantors’ land described in Deed Record 193, page 26 and Deed Record 193, page 30 lying within the easement lines depicted on the attached Right of Way Parcel Plat marked Exhibit “B” described  as follows: Beginning on the south line of said section North 89 degrees 16 minutes 38 seconds West 53.05 feet from the southeast comer  of said  section,  said  southeast  corner  designated  as  point  “231”  on  said  plat,  which  point  of beginning  is on the western boundary  of U.S. 41 per Instrument  20040105;  thence North  89 degrees 16 minutes 38 seconds West 67.77 feet along said south line to the point designated as “812” on said plat; thence North 0 degrees 16 minutes 44 seconds East 39.96 feet to the point designated as “871” on said plat; thence South 89 degrees 16 minutes 34 seconds East 47.77 feet to the point designated as “872” on said plat; thence North 0 degrees 16 minutes 44 seconds East 1,828.39  feet to the north  line of the grantor’s  land; thence South  89 degrees  53 minutes  18 seconds East 20.00 feet along said north line to the western boundary of said U.S. 41; thence South 0 degrees 16 minutes 44 seconds West 1,868.56 feet along the boundary said U.S. 41 to the point of beginning and containing 0.902 acres, more or less.

 

This description was prepared for Town of Rockville, Indiana by American Structurepoint, Inc., on this 21st day of May, 2021.

 

Susan M. Wood, P.S.

State of Indiana, LS29800005

 

Project: US 41 North Sewer

Parcel 3- Gerald D. Gooch Living Trust & F. Imogene Gooch Living Trust

 

Location Control Route Survey Plat;

The Location Control Route Survey Plat for this project is recorded as Instrument Number 20181928 in the Office of the Recorder of Parke County, Indiana.

 

Existing Right-of-Way

The  right  of way  for  U.S.  41 is 25 feet  from  the centerline  per  F.A. Project  No.  68,  Sec.  “B”. Additional right of way for U.S. 41 sold in fee per Instr. 20040105

 

Property lines:

The  property  lines  were established  using the  parent deed,  found  and calculated  section  corners, found property monuments  and existing  topo features.  The sell-offs described in Instr. 20050596  are not contiguous with the parent tract.

 

Easements:

Electric Pole Line Easement in favor of Public Service Company of Indiana, Inc. 50′ width along the south line of the south half of section 36, D.R. 121, Page 58

Easement Agreement between The Gerald D. Gooch and Imogene Gooch Trust & the Parke County Board of Commissioners and the Parke County  4-H Building  and Grounds  Association,  Inc.  for force main sewer line, along the east right of way line of C.R. 50W at bridge over Williams Creek, Misc. Rec. 86, page 116

Utility Easement  in favor of the Town of Rockville, Instr. 20030547 and Instr. 20030548 (“a 16 foot wide strip, eight (8) feet on each side of the pipe as installed”)  more or less along the east line of C.R. 50W aka Rockville and Bloomingdale gravel road.

 

M ortgage:

None

 

Other:

Gerald D. Gooch and F. Imogene Gooch retained a Life estate in the tracts conveyed per D.R. 193, page 26 and D.R. 193 page 30.

Gerald Dewain Gooch died on or about December 30, 2014.

Verified Complaint, Cause  No.  61C0l-1910-PL-000429, Jeri  L. Bartlow,  individually  and as co-trustee  of the F. Imogene  Gooch  Living  Trust  (Plaintiff)  vs. Joseph  A. Gooch,  individually  and as co­trustee of the F. Imogene Gooch Living Trust (defendant)

 

Sue Wood, P.S.

American Structurepoint, Inc.