Court 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.
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TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
EXHIBIT
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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