The URL can be used to link to this page

Home My WebLink AboutCourt Settlement - Ronald Marburger - 136th Street ProjectSTATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT NO. 1 ) SS: COUNTY OF I-IAMILTON ) CAUSE NO. 29D01 -0612 -PL -1294 CITY OF CARMEL, Plaintiff, v. RONALD R. MARBURGER and SHELBY COUNTY BANK, Defendants. JAN 2 0 2009 AGREED FINDINGS AND JUDGMENT The Plaintiff, the City of Carmel, and the Defendants, Ronald R. Marburger and the Shelby County Bank, by their respective counsel, respectfully submit these Agreed Findings and respectfully request that the Court enter ajudgment consistent therewith. Agreed Findings 1. The City of Carmel filed its Amended Complaint for the Appropriation of Real Estate (the "Amended Complaint") on January 12, 2007, and the Defendants, Ronald R. Marburger and the Shelby County Bank, were served with notice as provided by statute. L . The City of Carmel and the Defendants, Ronald R. Marburger and S„ ieiby Count) Bank, agree to the City of Carmel's fee simple appropriation of the real estate described in Exhibit A. 3. The City of Carmel and the Defendants, Ronald R. Marburger and the Shelby County Bank, agree that Ronald R. Marburger shall be entitled to just compensation in an agreed upon amount for the real estate interest described in Exhibit A and that no other party is entitled to recover any damages resulting from the City of Carmel's appropriation. AGREED TO AND APPROVED BY: Alan S. Townsend Attorney No. 16887-49 BOSE McKINNEY & EVANS LLP 2700 First Indiana Plaza 135 North Pennsylvania Street Indianapolis, IN 46204 317-684-5000 Attorneys for Plaintiff, City of Carmel 2 E. Davis Coots Attorney No. 3367-29 COOTS HENKE & WHEELER, P.C. 255 E. Carmel Drive Carmel, IN 46032 317-844-4693 317-573-5385 (Fax) Attorneys for the Defendant. Ronald R. Marburger Peter G. DePrez Attorney No. 4494-73 Th/ BROWN DePREZ & JOHNSON, P.A. 24 E. Polk, P.O. Box 718 Shelbyville, IN 46176 317-398-2414 Attorneys for the Defendant, Shelby County Bank JUDGMENT The Court, having reviewed the Agreed Findings, having jurisdiction over the parties and the subject matter, now enters judgment in a manner consistent with the Agreed Findings. IT IS ORDERED, ADJUDGED, AND DECREED that the Plaintiff, the City of Carmel, now holds fee simple title and access rights, including all rights of possession, to the real estate described in Exhibit A. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Defendant, Ronald R. Marburger, shall be entitled to just compensation in an agreed upon amount for the real estate interest described in Exhibit A, that the Defendant, Shelby County Bank, shall take nothing by way of in this lawsuit, and that any interest Shelby County Bank may have or may have had in the real estate described in Exhibit A has now been extinguished. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that (a) the Clerk of this Court shall promptly send a certified copy of the Agreed Findings and Judgment to the Auditor and Recorder of Hamilton County, Indiana, (b) the Auditor shall remove the real estate described in Exhibit A from the tax records and rolls of Hamilton County, Indiana and cancel all 2007 and subsequent years' taxes thereon, (c) the Auditor shall submit evidence of this removal from the tax records by United States mail to Alan S. Townsend, Bose McKinney & Evans LLP, 2700 First Indiana Plaza, 135 N. Pennsylvania Street, Indianapolis, Indiana 46204, (d) that the Recorder shall, pursuant to I.C. 8-23-7-31 and without payment of fee, record the transfer of the real estate described in Exhibit A, and (e) the Recorder shall submit evidence of that recordation, by United States mail, to Alan S. Townsend, Bose McKinney & Evans LLP, 2700 First Indiana Plaza, 135 N. Pennsylvania Street, Indianapolis, Indiana 46204. 3 Date: JAN 1 2009 Distribution: Alan S. Townsend BOSE McKINNEY & EVANS LLP 2700 First Indiana Plaza 135 North Pennsylvania Street Indianapolis, Indiana 46204 E. Davis Coots COOTS HENKE & WHEELER, P.C. 255 E. Carmel Drive Carmel, IN 46032 Peter G. DePrez BROWN DePREZ & JOHNSON, P.A. 24 E. Polk, P.O. Box 718 Shelbyville, IN 46176 1101219 Judge, Hamilton County Superior Court No. 1 4 EXHIBIT "A" Project: 04-07 CLAY WEST -136th STREET (DITCH TO SPRINGMILL) Sheet I of 1 Parcel 3 Fee A PART OF THE EAST HALF OF THE NORTHWEST QUARTER, SECTION TWENTY SEVEN (27), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE (3) EAST, HAMILTON COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTORS' LAND LYING WITHIN THE RIGHT OF WAY LINES DEPIC I ED ON THE ATTACHED RIGHT OF WAY PARCEL PLAT, MARKED EXHIBIT "B", MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING at the Northeast Corner of said Half Quarter Section; thence South 89 degrees 29 minutes 54 seconds West (assumed bearing), along the North line of said Half Quarter Section, a distance of 1295.90 feet to the northeast corner of said grantor's land and the PLACE OF BEGINNING: thence continuing South 89 degrees 29 minutes 54 seconds West, along said North line of said Half Quarter Section, a distance of 20.00 feet to the northwest corner of said grantor's land; thence South 00 degrees 11 minutes 09 seconds West, along the West line of said Half Quarter Section, a distance of 50.00 feet; thence North 89 degrees 29 minutes 54 seconds East, parallel with said North line, a distance of 20.00 feet to the East line of said grantor's land; thence North_00 degrees 11 minutes 09 seconds East parallel to said West line and along said East line, a distance of 50.00 feet to the PLACE OF BEGINNING. CONTAINING 0.023 ACRES (1,000 SQUARE FEET), MORE OR LESS. I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby certify that this Legal description was prepared by me on February 10, 2005, from the original deed records of the property described and was based .upon plans prepared by DLZ for the 136th Street Improvement Project (Carmel City Project #04-07). I further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the Indiana Administrative Code. 4 ‘'c e. PIil„Pyja �,? ••'&iirek'• rt req �,tta. LS �J2 J1 Vela i 1 E STATE OF Nal?, er+tner••c•• TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 EXHIBIT A (tat) EXHIBIT "A" Project: 04-07 CLAY WEST -136th STREET (DITCH TO SPRINGMILL) Sheet 1 of I Parcel 4 Fee A PART OF THE EAST HALF OF THE NORTHWEST QUARTER, SECTION TWENTY SEVEN (27), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE (3) EAST, HAMILTON COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTORS' LAND LYING WITHIN THE RIGHT OF WAY LINES DEPICTED ON THE ATTACHED RIGHT OF WAY PARCEL PLAT, MARKED EXHIBIT "B", MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING at the Northeast Corner of said Half Quarter Section;. thence South 89 degrees 29 minutes 54 seconds West (assumed bearing), along the North line of said Half Quarter Section, a distance of 986.90 feet to the northeast comer of grantor's land and the PLACE OF BEGINNLNG: thence continuing South 89 degrees 29 minutes 54 seconds West, along said North line of said Half Quarter Section, a distance of 309.00 feet to the northwest corner of said grantor's land; thence South 00 degrees I I minutes 09 seconds West, along the West line of said grantor's land, a distance of 50.00 feet; thence North 89 degrees 29 minutes 54 seconds East, parallel with said North line of said Half Quarter Section, a distance of 309,05 feet to the East line of said grantor's land; thence North 00 degrees 07 minutes 24 seconds East, along the East line of said grantor's land, a distance of 50.00 feet to the PLACE OF BEGINNING. CONTAINING 0.355 ACRES (15,451 SQUARE FEET), MORE OR LESS. I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby certify that this Legal description was prepared by me on February 10, 2005, from the original deed records of the property described and was based upon plans prepared by DLZ for the 136th Street Improvement Project (Carmel City Project #04-07). I further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the Indiana Administrative Code. TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 V