Court Order - State of Ind, State of Ind_1/10/1990. '! .
..�
ST:�TE OF IiQD1Ai'}A )
) SS:
COUi�T'Y OP' VANDERBURGH )
STATE OF IivDIANA,
Plaintiff,
�� .
PAUL DEAN TP.UITT, LILA.JLAN -
TRiiITT', AU�ITOR OF' GIBSOr:
COu?iTY Ai�D TiZEFSU£.Et: OF GIBSON
COU\TY,
u
�
Iti THE VANDEP,BURGH SUPERIOR COURT
CAUSE 1`�0
�
Deiendants. )
85-C1V-662
�,�ti���p��? ;! l ;UPERIOR COURT
� � � � �
FEf3 � 1987.
7,�cu„ ;� c�LE-...� ,./
AGP,EED FIN�Il`1G AND JUDGMEPdT
Comes no�a the Flaintiif, State of Indiana, Uy Jefirey L.
Si�riick, Deauty Attorney General, and Jeifrey P.. Frank as local
cour.sel, and co:ne now the Defendants, Paul Bean Truitt and Lila
Jear. Truitt, by their attorney of record herein, 1'homas P. Cdorton
and Plaintiff and said Deiendants, Yaul Dean Truitt and Lila Jean
Truitt, noia 4:ithdraw their request for a jury trial, and this
cause is now submitted to the Court upon the issues formed by the
exceptions heretofore Liled by the Plaintiff and said Defenciants,
Paul Dean Truitt and Lila Jean, and the Court being duly advise�l
fir.es as follo�•:s :
1. That the Plaintiff, State of Indiana, filed its
comnlaint for the appropriation of the fee simple title of defen-
dants' real estate and of a temporary easement for higtiwaj
right-of-rray over Defendants' real estate and of all rights and
easements of ingress and egress on I•iay G, 1585, �ahich complaint
is in �-:ords and figures as iollows:
(H.I.)
a�!u the Defendants were properly served with noti.ce as provided
Uy statute prior to the hearing in this cause.
2. 1he parties toob: a change of venue from the Gibson
County Circuit Court to the VanderUurgh Superior Court on June
26, 1485.
s
' �
�
3. 'Ihat on July 'L6, 1985, being the day set for the
hearing of the cause, an order was entered upon the record oi the
l%enderburgti Superior Court, signed Uy l7illiam U. Stephens, Judge,
showing tiiet the fee simple title oi Defendants� real estate nnd
teaporary easement for highway right-of-way over Defendants' real
estate anci all rights and easenents of ingress and egress were
condemned for the uses and purposes described in said complaint.
4. That by said orde.r the Court also appointed three
disinterested ireeholders of Gibson County to assess the damages
a:�d beneiits to the Defendants caused by the appropriation.
�. That on tlugust 30, 1985, said court-appointed ap-
praisers returned their report to the Court showing total damages
iR the su� oi Thirty Thousand Eight Hundred I'ifteen Dollars
($30,815.00), and the Court ordered the appraisers' iees set aL
Three Hundred Dollars ($300.00) each.
6. That the Plaintiff, State of Indiana, paid the award
of the aparaisers together with the fees for the services of said
aparaiser.s to the Clerk of the Court on October 4, 1985 and the
Defeadants subsequently withdrew said award on October 10, 1985.
7. That the Flaintiff, State oi Indiana, filed excep-
tions to the court-appointed appraisers' repnrt on SeptemUer G,
ZS85.
8. That the Defendants, Paul Dean Truitt and Lila Jean
Truitt, filed exceptions to the court-appointed appraisers' report
on Sea�e�ber 13, 1985.
9. It.is agreed by the parties hereto that the total
value of the fee si�ple title of the Defendants' real estate,
e�:cepting thereirom all underground oil and �as interests, nnd
the tempora:y eesements for right-oi-Hay over Gefendants' real
estate, aae all the rights and easements oi ingress and egress
taken and the danages to the rer�aining land of Ehe Defendanta, is
i�ineteen Thousand Five ]{undred lioll.ars ($14,500.00), which sum
-2-
� �
includes any interest to which the Deiendants mny Uc entitled,
anci the Defendants, Paul L'ean Truitt and Lfla Jean 1'ruitt, should
recover iron the Plaintiff, State oi Indiana, the total danages
of the sum of i�ineteen Thousand Five liundred �'iO11IITS ($19,SOO.OU),
arovided, further, however, that the State's representations
contained herein prove to be true and accurate.
10. The parties hereoy agree and stipulate that the
legal description as set forth in tl�e complaint for appropriation
of real estate and the order of appropriation of real estate
heretofore filed is and shall be amended by a substitution to
include the legal description of additional tec�porary right-of-way
ior driveway constructi.on to the Truitt (former Britt) property,
as set �orth in this agreed finding and judgment, and amended to
allow Defendants, Paul Dean Truitt and Lila Jean Truitt, to retain
all uncierground oil and gas interests under said real estate
Uei,ng acquired by Plaintiff, provided, however, said Defenoants
shall have no right to the surface of said real estate, but only
the right to e:ctract oil and gas from beneath said real e�tate at
suriace locations remote irom said real estate.
11. .That as part of this agreed finding and judgment the
Plaintifi, State of lndiana, has represented to the Defendat�ts,
that the State of Indiana will construct 1-164 according to its
aesigns and specifications for the I-164 1(4) Froject. Pursuant
to these designs and specifications:
a. The designs and specifications of the Plaintifi,
State of Indiana, will not change the drainage patterns as they
e:-:�sted on the Truitt property beiore the construction, and th�t
tiie erainage fro� I-164 r:ill flow into �itches to the north oi
t:`!e T�-uitt a;'oaerty, and not into the lake remaining on ttle 1'ruitt
arooerty, and the ditch shall flow to the northeast anc to the
soutl�west a�aay irom the iruirt property.
b. The drainage from County Road SGG will flo�� into
e ciitch south of the TruiLt property
-'-
�
�
U
c. The drainage system will not aifect Y.ite overiloti�
of ttie existin� lake on the Truitt property as such overflo��� will
run into an exisLing ditch which will in turn'flow into e pipe
ti�hich replaces the pre-existing concrete culvert and flow south.
d. �e representations of the Plaintiff, State of
Indiana, a_e based upon normal acceptaUle weather patterns er.ist-
ing at the time of the taking of the Truitt property.
12. The Plaintiif and �efendants each agree that [he.
Defe.dants have relied upon the above and foregoing representa-
tions oi the Plaintiff in reaching this agreed findin� and judg-
ment. nothing in this agreed finding and judgment shall be con-
s�rueo to diminisn any rights which the Deiendants Paul llea❑
Truitt and Lila Jean Truitt may have against tlte Plaintiff, State
of Indiana, ior dav�ages due to the negligent design, construcL'ion,
aad specification s of the I-164 1(4) Project as it pertains to
the Truitt property as described herein.
l.i. That the Plaintiff, State of lndiana, will con-
struct a Class II orive to access tlle Truitt property on Farcel
i;o. 43 (coymonly referred to as the "I3ritt property"). 1he lle-
ienGants agree to amend-the temporary right-of-way provisions o1
this agreed finding and judgment to permit Flaintiff to construct
such Class II drive access in a reasonable manner which will
service Parcel tio. 43.
14. That the Plaintiff, State of Indiana, will construct
a �hirty (30) foot Class II drive to the existing lruitt propert}�
on Parcel ido. 44 to serve as school bus turnaround, all witltin
the existing tenporary right-of-way requirements o� this agreed
finding and judgment.
15. That Defendants, P.uditor of Gibson County and
. Treasurer of Gibson County, were property served but have not
a.ppeared by counsel, nor have they cleimed an�• interest in the
proceecs o� tizis case.
Ii IS T'r,L•P.E�OPE ORDEP.ED that the cor.:plaint ior the ap-
propri2tion oi real estate heretofore iiled and the order oi
zpps9P�i�ticn ente��d herein on�J�ily 2E•, 1;85 ar� h�reUy nmen�ed
-4-
. � •
Uy substitut:or. to include the r�dditional 1cL�1 r.e�crii�ti� r. Lur
temaorar..� right-oi-way and reservation of oil and gas rici�ts Fis
ee�cribea in the 1ega1 Cescription which is set forth in ttiis
agreed iinding anc� judgment.
IT IS r`liKTI;ER GP.I;ERED by the Court that the order ot
appropriation enterec herein en July 26, 1485 be, and the same is
hereby, coniirned and the fee simple title of Cefenciants' real
estate and the te:�porary easements for highway right-of-ti•ay over
De=er.dants' real estate and all rights end easeffents of ingress
and egress described in Plaintiff's complaint be, and the same
are, aapropriated, said fee simple title and temporary easecents
ior highway right-of-wzy and rights and easements of ingress and
e�re�s �o, �ro� 2nd zcross I-164 being more particularly as
�ollows: to-wit:
A PART CF THE SOUiHEAST QUr�RTER OF SECTION 13� TOWNSHIP 4 SOUTH� RAfJGE 10 �/lEST�
G!c50N CGVNTY� li.D[.�NA� .�'iESCR(B�D AS FOLl.OWS: BEGiVN[hG AT A PO[NT ON THE EAST LINE
OF S:+iD SECTiGN i�ORTii O DEGREcS 42 MINUTES 23 SECONDS EAST 36.58 FEET FROt4 THE SOU7H—
EASi COF,VEP. OF SAiD ScCT[G\� ltiHiCH POfNT OF BeGiNNING IS ON THE NORTH BOUNDARY OF
l,OUNTY QG�D �� I��� �:iENCE i�OftiH �9 DEGREeS �g �51iWTES �2 SECOfVDS �'�EST 104.36 FEET
A�ONG THc 90U\�ARY OF SAID COUD:TY RoAO 90Q N TO THE WEST �INE OF THE OWNERS� �AND;
T4E^r�E P:03TFi O DEGREcS 42 M[NUicS L3 SECONDS EAST 42.80 FEcT ALONG SA(D YlEST LINE;
T:-iE\CE SOUTH o2 DEGREES 44 M[NUTES 70 SECONDS EAST 25.15 FEET� THENCE SOUTH �35 DEGREES
19 �iP:UTES 21 SECONDS EAST 79.56 FEET TO THE EAST l.[NE OF SA[D SECTIOV� THEf:CE SOUTH
O DEGREcS �:Z MiNUTES 2� SECOiVDS Sti�cST 34.71 FEET ALONG SAID EAST L[NE TO THE POINT OF
p0
BEGINN!\G A\D CONTAi\iVG O.O9Z ACRES> �MORE OR LESS. '.� o`�
A?:,.-r2T OF THE SOUTHEAST CUARTcR OF SECTION 13� TOWVS� SOUTH� RANGE 10 YIEST�
GIBSON COUNTY� INDI:,NA� DESCRI9ED AS FOLLOWS: BEGINNING ON THE EAST LINE OF SA[D
SECTiON f�:ORTH O DEGF.EcS 42 MiNUTES 23 SECONDS tAST 1�151.21 FEcT FROM THE SOUTHEAST
CCRNER OF SAiD SECiiONi THE(�C= SOUTH 53 DEGREES Z4 MINVTES 2O SECONDS WEST 349.57
rEET; TFiENCE SOUTH �2 DEGREES 35 MINUTES 22 SECONDS 4'IEST 272.06 FEET TO iHE 'A_ST LftJE
OF 7H� OWiJERS� LAND� THENCE I�ORTH 7 DEGRcE O� MINUTE �4 SECONDS EAST 253.96 FEET
A�ONG SA!D 'dcST LINE TO THE SOUTHEASTERN oOUNDARY OF I—GC� THENCE FIONG THE BOUNDARY
OF S.'+ID I--OG ivORTH'ci;SicRLY 247.38 F�ET ALOD;G AN ARC TO THe l_EFT AND HAVING A RADIUS
OF G8C.26 FEcT AP:D SU�TE?,DcD BY A LONG CHORD HA`JING A BEAR[NG OF NORTH 69 DEGREES 20
M[�UTcS 07 SECONDS �i,Si AVD A LcNGTH OF 244.69 FEET� THEVCE NORTH 57 DEGREES 33
Y.iVUTcS 09 ScCG�VDS �AST ?01.00 FEET AIONG SAfD BOUNDARY� THENCE ALONG SAID BOUtJDARY g p p o
NORTHEASTERLY 71?.76 FEET ALONG AN ARC TO THE RIGHT AfJD HAVING A RADIUS OF 1�OG0.92 (� l3 /
�Fcc� AVD SUBTci4DE� BY A LOiG CHORD HAVING A 9E.4RING OF NORTH `J7 DEGRcES 44 MSNUTES �p.��p
C7 SECON�75 EAST AND A lcA1G7H OF 112.71 FEET TO THE EAST I.INE OF SAID SECTION� THENCE_
SOUTH O DEGREeS �i2 M[NU7c5 23 SECO;�JS WEST 731.60 FEET NLONG SAID EAST �INE TO THE
PO(NT OF BEGINNING FNO CO�TAINtNG 1.937 ACRES� MORE OR I.ESS. THE ABOVE—DESCRIBED LPND
%+9UT5 THE Z.J47—ACRE AND THE -0.58S—ACRE PARCELS DESCRIBED IN DEED DRR'AER #1� CARD #1227�
ANp AYY SEEMING BEARIVG OcSCREPANCIES RESUL7 MERELY FROM THE REVERSE DIRECTIOV OF SAID
DESCRiPTION AVD FROM. THc DIFFERENT BcAR[NG SYS�EMS UPON `r/HICH THEY ARE BASED.
-5-
•� � � �
IO'o�l'Cn h'iTH THE PERN.�t;Et:i EXii�.'�UfSH'<i.::i 01 RLL n1GFi?5 At:;� EFSEN.E1:75 :� If:_:.
�::=� EGF,�55 i0� FP.O:!� �.t27 %.CROSS iHE LIMIiED A�CES> FN[ILITY (TO EE Kt:Oh'N AS �—lU� 4'..-
n5 PFOJEC7 :-16»--I(<))� ��O FND FnON. THE OWI<�FS� REM:.1tJIt:� �AKDS HHeRc THEY F5U1 TH_
.,50:'E—D`cSCn'.BED '1.9�%—NCRE P:.RCEL. THIS RESTFIC7IOn SHALL BE F COVEr:at�i RU�:r:It:G ti'17�:
TriE L%�PJD �t:D StiHLL FE EI�:GIN= ON FLL SUCCESSORS 1�: TITLE TO 1H[ S�ID AEUT11�d.^.- LA�2D£
IHE FO�LO'r7iNG D�SCRf9E0 RiGHT OF WAV [5 TcMPORARY RIGHT OF WAY FOR THc PURPOSE
OF CONS�RUC�iNG .'v DRIVcWAY FOR SEP,ViCE TO THE O'r7NER5� PR[VA7E PROPER7Y FMD 'dtl.L REVERi
TO TtiE OWP:ERS OPJ DECEM2cR 37 � 7S�H%: A PART OF THE SOUTHEAST �UF1RicR OF SECT[OPJ 13�
IOlJN51i!? -. SOUTH� RAiVGE lO �IiEST� G[BSON COUNTY� INDIAVF� DESCR[9ED AS FULLO'r75:
�EGi^:?7[D:G iN TF?E EAST l_iNE OF SA[D SECifOV P�ORTH O DEGREES d2 M(PJUTcS Z3 SECOtJDS EASi
7j.29 FcET =P.O>1 T;-iE SOU7HEAST COnVER OF SA[D ScCTIONj THcNCE NORTH g5- OEGREES �9
:;i\UTcS 21. SECO��S �IiEST 39.47 FEET� THENCE I`�ORTH 0 �EGREeS 51 MINUTES 48 SECO?!DS
-:,ST %.6%.FEET� THE\CE SOUTH o9 DEGRcES �7 MIiVUTES �2 ScCONDS EAST 39.36 FEEi TO THE
c:,5i L!NE 0.= SAID SECiiOi`:� THEN�E SOUTH O DEGREES 42 MINUTES 23 SEC�NOS WEST lO.Z9
FEET ALOVG Sf+iD EAST Li\c TO iHE POINT OF 6EG[NN[NG AiVD CONTAtN[NG 0.008 PCRES. �40RE
OR �ESS.
The �ollo�•ring described right of ��+ay is temporary right of �•�ay for the purpose of
constructing a driveway for service to the owners' private property and will revert to
chz o+•+ners on December 31, i987: �, part of the Southeast Quarter of Section 13, Township
4 South, Rznge ?0 4;esc, Gibson Councy, Indiana, described as folloti•is: Commencing at the
Southeast corner o� said section; thence i�orth 0 degrees 42 minutes 23 seconds East
:;0.�8 �eet zlong the East line of said section to the P�orth boundary of County Road
y00 Plortn; thence ilorth 89 degrees 0� minutes i2 seconds �,lest 104.36 feet alor.g Lhe
boundary o� said County Road 900 Plorth to the West line of the o�,aners' land; tiience
ilorth J de9re2s �:2 minutes 23 seconds East 42.50 feet along said �•iest line to the
nortnern boundary o� said County Road 900 florth and the point of beainninq of this
cescription: :i�ence idorth 32 degrees 44 minutes 10 seconds.4Jest 105.05 feet along
said boundary to ihe �rrest line of the ot•+ners' land; thence P�orth 0 degrees 42 minutes
23 seconds 4lesi 25.u9 feet along said tirest line; thence South 39 de9rees 03 minutes
'_2 seconds Easi 104.36 feet; thence South 0 de9rees 42 minutes 23 seconds ldest 37.20
�ee� to tne point of beginning and containing 0.075 acres, inore or less.
Reserving ur�to the de�endents all mineral oamership and rights to oil and gas
underlyiny the iar�ds hereinbefore described, but prohibiting the defendants, their
heirs and assigns,.the right to drill, explore, or in any way penetrate the surface
area �riithin the 0.092-acre parcel and the 1.937-acre parcel described above.
IT 1S rliR1HllR Of:DEREP., by the Court that the Defendants,
paul 1ea^ Tru:�t and Lila Je�n 'Iruitt, have and recover from the
Srate of Indiana as final and total damages the sum of iiineteen
lnousand Five Hundred Dollars ($1S,SOO.CO), �'hich sum includes
any interest to �;hich the Defendants may be entitled, and thnt
,o4a
�.Q3 �
-c- a.0a
' . � �
the Clerlc of the Court pay said amount to the said Deiendants,
which saiG amount has already been paid the Defendants herein
�:hen tliey ��ithdre�a the court-appointed e.ppraisers' nwnrd oi '1LirCy
T1-iousand Light t3undreci P'ifteen Uollars ($30,815.OG), so noChing
is owing the Defendants in this cause.
IT IS FLRTNER ORDLRED by the Court that the Defendants,
Paul Dea:� Truitt and Lila Jean Truitt, shall refund to tt�e Clerk
o` ti�e Court the suu� of Fleven Thousand Three }:undred Fiiteen
Doll.ars ($11,'15.00), and that the Clerl: of the Court shall pay
said partial refund of the court-appointed appraisers' award to
the Plaintifi, State of Indiana.
IT IS FU�2T11ER OF,DEF.EC by the Court that the Plaintiif,
State of lnciiana, have and recover judgment of and from the De-
iendants, Paul Dean Truitt and Lila Jean Truitt, in the sum of
Eleven 'Ihousand lhree Hundred Pifteen Dollars ($11,315.00), said
a�;�ount being a refund due Ylaintiff of the Court-appointed ap-
oraisers' awzrd, which sum shall be forthr�ith paid in to the
Clerk of the Court for the use and benefit of the Plaintiff,
State of Indiena.
IT IS THLF.EF'OP.E OR�ERED by the Court that Defendants,
P.udito: of Gibson County and Treasurer.of Gibson County, are
defaulted and shall take nothing in this cause of action.
IT IS FURTHEP, ORDERED by the Gourt that this agreed
Finding and .iudg�ent is based upon certain representations of Llie
:laintiff, State of Indiana, made to and relied upon by the De-
fendants, Paul Dean Truitt and Lila Jean Truitt, as more spec-
if�cally set �orth in paragraphs 11, 12, 13 and 14 of the
�indings herein, and nothing contained herein shall diminish the
rights oi the Deiendants to pursue any claims which the
De:endants, Paul Dean Truitt and Lila Jean ir,uitt, may have
nga�nst the Plaintift, SCa.te of lndiana, for damages due to the
neg�igent design, construction, an� specifications of the
i-164-1(4) Froject as it pertains to the Truitt property by the
Plaintiii, State of Indiana.
-7-
_.- , . . . � �.
�
IT IS r'URTHER ORDFIZED by the Court that as part of this
agreed finding.and judgment, the Plaintiff will construct a
twelve (12) foot Class II drive to access the Truitt property as
Parcel No. 43, coa�only reierred to as the "13ritt property," and
that the Plaintiff, State of Indiana, will construct a thirty
(30) foot Class II drive to the existing Truitt property on
Parcel i;o. 44 to serve as a school bus turnaround, all as part of
this agreed finding and judgment.
ZT ZS FURTHER OPDERED that the Clerk of this Court
aro�ptly transmit an executed copy of this judgment to the Re-
corder or Gibson County, and said Recorder oi Gibson County is
ordered to record the transier of the real estate, the legal
description oi which appears above, appropriated by the State of
Indiana; a�d pursuant to IC 5-13-2-12.3 and IC 8-13-22-1, said
recordatioa is to be �ade without fee.
Said Recorder of Gibson County is further ordered to
sub�it evidence of the recordation of said transfer of real estate
by nailing said evidence to the Office of the Attorney General,
219 State 'r.ouse, Indianapolis,
Ap_R TL�D: �
I ��,, ea�.-.
Thomas P. idorton
�,ttorney for Defendaats
G�,�----P �---� `�^.�.:-�
Paul Dean Truitt
�`.�i/ �%/ v �!/t-�/
iila Je�ji Truitt
�
,/
Date: /����n;:y r la��
COPIL'S T0:
Jeffrey L. Simnic'.K
Deputy Attorney Gene:al
219 State House
Indianapolis, Indiana 46204
Jeffrey R. Frani:
Attoraey at Law
920 Vine Street
Evansville, Indiana
Tho�as P. ?vorton"
Attorney at La�a
203 Court �3uilding
Evensville, I?d 47708
JLS/d1s:916
Indiana 46204.
477U8-1944
�,'` M1 �'' � . . . , � , . .
/.,;.
Judge, Vanderburgh Superior Court
-8-
�
. � , _ . .
k�c� b. 44
r�J_CT t,D. I=164-I(4)
u;.D PD . I- I 6 4
DUMY : GIBSON
EC110N : 13
OH�SFIIP : 45.
aN.;E : IOW.
,- .
� f ��
�
0��'�R: TRU17T, PAUL D. ET UX. DRAtlN BY: DON MILLER 3-l0-84 �
DEED RECORD 1�4,PAGE 317,DA1ED 12-19-59 CNECKED 8Y: R.F. LEYJIS 4-2i-$4
" 0 164 •` •• 414 • " 7-21-G4
•' „ IG�;° " 314'" ,� 8-19-65
DEED DRI,WER I�CARD 1227 �� 10•�8•(09
�� �� 5� �, q"16Z `� 4�.1-86
�HATCNED AREA IS 1HE SCALE: 1"- Z00�
pPPF�XIMAlE TAKIPG
�
IS
13 18
13
-r_ �� -
--------------------------
I �41.Z2�
SO�D OFF , �
� �cc,7' �\�
I �--- 778.3 - - - � - � -�
L
� . C
� j SOL D �,a 5�. C;.\b�\\ /
��. �
F,I,SEME117S FoR �LcCiRIC
! In�S 1N FAY�Gk Or SOViH-
=FN INDIA�!AI GAS AND
EL�CTRIC Cb,
; ``
���
���� S � �
ti\
/
L F��
P'
✓
725.2
TOTAL AREA = �.619 I�.
�/YJ EXISTWv = 0.088
1�'� i 70TAL AR�A = 9-�i31 Ac•
4-= F/1'1'
I50
%��\�y P I r
� �'� ~
r Z
� �
z o
� 725.2� Y
Z v
o �
� �
RES.A°'�.�1oZ�.c. m �
- 493.96� �oa36'�
--- � -
I
� 417.4 4�
N -,
K W
M
tn
TEMP. R/W
�� � CC.R;. 900V LINE "5-7-A` �4-31
1:�13 •
� �% / i 1 59 60 . 61 ..E
�!� v;;�J D E F,;, l04.3 �
"'UP.GH CoUn7Y R.10
- . i-LZ,-�Yi' �-� r:,? � O^`�.,., (.;;�r�_;.� RiK,�=(Z�r����.. . . '- -
- � .—. . •... -.- C / - �--.—._ ra :. t-.t "_— A'e� r� � c� " I� t- � . T,�+ :� fl C (�
t
a�
N
7.44�
�
�� IF.S�
19
R.9 w.