Court Order - State of Indiana, State of Indiana_6/13/1996�; . : OO�O- 0 3'186-0�
STATE OF INDIANA )
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COUNTY OF GIBSON )
STATE OF INDIANA,
Plaintiff,
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BILLIE J. LUTZ, MILDRED J.
LUTZ, MIKE BRADFIELD and
GIBSON COUNTY, INDIANA,
Defendants.
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IN TE� GIBSON CIRCUIT COURT
CAUSE NO. 26C01-9604-CP-0031
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JUN 1 0 1996
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Plaintiff, State of Indiana, by Pamela Carter, Attomey General of Indiana, and Jef&ey L.
Simnick, Deputy Attomey General, and Defendants, Billie J. Lutz and Mildred J. Lutz, by
couasel, Ronald J. Moore, now jointly move the Court for judgment in this case and in support
whereof make the following representations to the Court.
The Court, having examined the record and being duly advised, now FINDS:
Plaintiff filed its Complaint for Appropriation of Real Estate on April 23, 1996,
and all Defendants were served with notice as provided by statute.
Defendanu, Billie J. Lutz and Mildred J. Lutz, now appeaz by counsel.
Defendanu, Mike Bradfield and Gibson County, Indiana, have failed to appeaz.
4. Plaintiff and Defendanu, Billie J. Lutz and Mildred J. Lutz, agree to amend the
Complaint for Appropriation of Real Estate by substitution of the real estate interests described
below for those real estate interests described in paragraph IV of the Complaint.
Plaintiff and Defendants, Billie J. Lutz and Mildred J. Lutz, agree and consent that
Plaintiffs Complaint for Appropriation of Real Estate complies with Indiana eminent domain
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law; that the Court has jurisdicUOn over the subject matter of this case and the parties named
herein; that Elaintiff is entided by law to appropriate the real estate interests it seeks to acquire in
this case; and that the real estate interests that Plaintiff seeks to appropriate and condemn are
appropriated and condemned.
6. Plaintiff and Defendants, Billie J. Lutz and Mildred J. Lutz, agree to Plaintiffs
appropriation of the real estate interests as described below and further agree that Defendanu,
Billie J. Lutz and Mildred J. Lutz, shall recover, for the real estate interests acquired by Plaintiff
and any and all damages resulting from that acquisition, total just compensation of Forty
Thousand Nine Hundred Sixty-five Dollazs ($40,965.00) and that no other Defendant is entifled
to recover any damages due to Plaintiffs acquisition.
Plaintiff and Defendanu, Billie J. Lutz and Mildred J. Lutz, agree that the
construction will be done according to the revised plans and specifications for the design of the
ST-017-3('1� Project for U.S.R. 41 in Gibson County, Indiana, as it pertains to the subject real
estate which design includes a forty-foot, Class N commercial drive to serve the residue of the
subject real estate and that there will be no raised median in front of the drive across the
centerline of C.R. 350.
IT IS TI-IEREFORE ORDERED, ADNDGED AND DECREED by the Court that the
legal description in paragraph IV in the Complaint for Appropriation of Real Estate is amended
by substitution of the real estate interesu described below.
IT IS FURTI�R ORDERED, ADNDGED AND DECREED that Plaintiff and
Defendants, Billie J. Lutz and Mildred J. Lutz, have agreed that the construction will be done
according to the revised plans and specifications for the design of the ST-017-3('1� for U.S.R. 41
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in Gibson County, Indiana, as it pertains to the subject real estate which, design includes a
forty-foot, Class N commercial drive to serve the residue of the subject real estate and that there
will be no raised median in front of the drive across the centerline of C.R. 350.
IT IS FURTI-IER ORDERED, ADNDGED AND DECREED by the Court that there is
no just reason for delay in entry of judgment upon the terms contained herein and that Plaintiff,
State of Indiana, now holds fee simple title, including all rights of immediate possession, to those
real estate interesu described as:
A part of the Northwest Quarter of the Northeast Quarter of
Section 31, Township 2 South, Range 10 West, Gibson Counry,
Indiana, described as follows: Commencing at the northwest comer
of said quarter section; thence South 89 degrees 41 minutes 16
seconds East 63.506 meters (20835 feet) along the North line of
said quarter quarter section; thence South 0 degrees 18 minutes 44
seconds West 6.096 meters (20.00 feet) to the point of beginning
of this description, which point is where the South boundary of
County Road 350 South meets the southeastem boundary of the
intersection of said County Road 350 South and U.S.R. 41
described as (North 89 degrees 20 minutes 00 seconds East 209.80
feet and South 0 degrees 15 minutes 41 seconds 18.69 feet from
the northwest corner of the Northeast Quarter of said section,
township and range. Bearings and distance quoted from Cause No.
C-77-81) in Cause No. C-77-81 filed March 30, 1977 in the Circuit
Court of Gibson County, Indiana; thence South 89 degrees 41
minutes 16 seconds East 147.177 meters (482.87 feet) along the
south boundary of said county road to the East line of the owners'
land; thence South 0 degrees 15 minutes 20 seconds West 17.904
meters (58.74 feet) along said East line; thence North 89 degrees
41 minutes 16 seconds West 133.136 meters (436.81 feet); thence
South 63 degrees 14 minutes 32 seconds West 37.894 meters
(12433 feet); thence South 0 degrees 31 minutes OS seconds West
52.850 meters (173.40 feet) to the South line of the owners' land;
thence North 89 degrees 41 minutes 16 seconds West 7.455 meters
(24.46 feet) along said South line to the East boundary of U.S.R.
41 as described in said Cause No. C-77-82; thence along the
boundary of said U.S.R. 41 Northerly 60.939 meters (199.94 feet)
along an azc to the right having a radius of 174,611.320 meters
(572,871.78 feet) and subtended by a long chord having bearing of
North 0 degrees 33 minutes 33 seconds East 60.939 meters (199.94
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feet) described as (South 0 degrees 16 minutes 53 seconds East
200.42 feet in said Cause No. C-77-81) to the southeastem �
boundary of the intersection of said County Road 350 South and
U.S.R. 41; thence North 45 degrees 19 minutes 14 seconds East
38.271 meters (125.56 feet) along the boundary of the intersection
of said County Road 350 South and U.S.R. 41 (described as Souti�
44 degrees 20 minutes 30 seconds West 126.73 feet in said Cause
No. C-77-81) to the point of beginning and containing 03565
hectares (0.881 acres), more or less.
TOGETf�R with the permanent extinguishment of all
righu and easements of ingress and egress to, from, and across the
limited access facility (to be known as U.S.R. 41 and County Road
3505 and as Project ST-017-3('1�, to and from the owners' abutting
lands along the 37.894-meter (12433-foot) and the 52.850-meter
(173.40-foot) courses described above. Also, along the West
46.000 meters (150.92 feet) of the 133.136-meter (436.81-foot)
course described above. This restriction shall be covenant n,nning
with the land and shall be binding on all successors in title to the
said abutting lands.
IT IS FURTE�R ORDERED, ADNDGED AND DECREED by the Court that Plaintiff
holds a temporary easement over that real estate described as:
'The following described right of way is temporary right of
way for the purpose of the removal of a building and will revert to
the owners upon completion of the construction of the project or
December 31, 1999, whichever occurs first: A part of the
Northwest Quarter of the Northeast Quarter of Section 31,
Township 2 South, Range 10 West, Gibson County, Indiana,
described as follows: Commencing at the northwest corner of said
quarter section; thence South 89 degrees 41 minutes 16 seconds
East 63.506 meters (20835 feet) along the north line of said
section; thence South 0 degrees 18 minutes 44 seconds West 6.096
meters (20.00 feet) to where the south boundary of County Road
3505 meeu the southeastem boundary of the intersection of said
County Road 3505 and U.S.R. 41; thence South 89 degrees 41
minutes 16 seconds East 147.177 meters (482.87 feet) along the
boundary of said County Road 3505 to the east line of the owner's
land; thence Sout6 0 degrees 15 minutes 20 seconds West 17.904
meters (58.74 feet) along said east line; thence North 89 degrees 41
minutes 16 seconds West 133.136 meters (436.81 feet) to the point
of beginning of this description: thence South 0 degrees 18 minutes
42 seconds West 7.000 meters (22.97 feet); thence North 89
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degrees 41 minutes 18 seconds West 13.698 meters (44.94 feet);
thence North 63 degrees 14 minutes 35 seconds East 15383 meters
(50.47 feet) to the point of beginning and containing 0.0048
hectares (0.012 acres), more or less.
IT IS FURTHER ORDERED, ADNDGED AND DECREED by the Court that
Defendants, Mike Bradfield and Gibson County, Indiana, aze defaulted and shall take nothing in
this case.
IT IS FURTi-IER ORDERED, ADNDGED AND DECREED by the Court that
Defendants, Billie J. Lutz and Mildred J. Lutz, shall have and recover, as total just compensation,
for the State's appropriation in this case, the amount of Forty Thousand Nine Hundred Sixty-five
Dollars ($40,965.00); that the State shall pay to the Clerk of the Court, Forty Thousand Nine
Hundred Sixty-five Dollars ($40,965.00), for the benefit of Defendants, Billie J. Lutz and
Mildred J. Lutz; and the Clerk shall, immediately upon receipt of said amount, pay Defendants,
Billie J. Lutz and Mildred J. Lutz, said Forty Thousand Nine Hundred Sixty-five Dollars
($40,965.00), in fiill satisfaction of this judgment and any and all of Defendants' claims in this
case.
IT IS FURTHER ORDERED that the Clerk of this Court shall prompdy send a certified
copy of this Agreed Finding and Judgment to the Auditor and Recorder of Gibson County,
Indiana; that said Auditor shall remove the above-described fee simple interest in real estate
from the tax records and mlls of said County and cancel all 1996 and subsequent years' taxes
thereon; that said Recorder shall, pursuant to IC 8-23-7-31 and without payment of fee, record
the trans£er of the above-described real estate; and that said Recorder shall submit evidence of
that recordation, by United States mail, to the undersigned Deputy Attomey General at the Office
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of the Attomey General, Indiana Govemment Center South, Fifth Floor, 402 West Washington
Sh�eet, Indianapolis, Indiana 46204.
AGREED TO AND APPROVED BY:
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Ronald J. Moore, A mey for
Defendants, Billie J. Lutz and
Mildred J. Lutz
Atty.No. i�li- 53
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Defendant,�t ie J. tiutzi
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Defendant, Mild� J. Lutz�
�_3_96
Date:
(Distribution attached.)
PAMELA CARTER
Attorney General of Indiana
Atty. No. 4242-49
By. � .
� . Sunnick
Dep Attorney General
Atty. No. 1817-49
Plaintiff, State of Indiana
By:
Ja farks, Chief
Divisi n of Land Acquisition
Indiana Department of Transportation
Judge, Gibson Circuit
Copies to:
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Jeffrey L. Simnick
Deputy Attorney General - � ;�.`
Office of the Attomey General `
Indiana Govemment Center South, Fifth Floor
402 West Washington Street
Indianapolis, IN 46204 '
Ronald J. Moore
WILHITE AND ASSOCIATES
915 Main Street, Suite 202
P.O. Box 1315
Evansville, IN 47706-1315
Mike Bradfield
840 East State Street
Princeton, IN 47670
The Honorable Anne Meyers
Auditor of Gibson County
Courthouse
Princeton, IN 47670
The Honorable Chazles Sheridan
Recorder of Gibson County
Courthouse
Princeton, IN 47670
Gibson County, Indiana
c/o The Honorable Anne Meyers
Auditor of Gibson County
Courthouse
Princeton, IN 47670
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