Court Order - Trs South GibsonSchool, Trs South GibsonSchool_4/25/1991_,
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STATE OF INDIANA
COUNTY OF WARRICK
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IN THE WARRICK CIRCUIT COURT
SOUTH GIBSON SCHOOL CORPORATION)
Plaintiff, �O )
�• ��� ) Cause No. 87C01 9007 CP-263V
ETLL�IAM E. DEWIG, PQ��S 19g�
Defendants . ���CA`�
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� 'w+�`''J UDGMENT
Comes now the Plaintiff, South Gibson School Corporation•, by
its attorney, J. Robert Kinkle of the Firm of Hall, Partenheimer &
Kinkle, and come now the Defendants, William E. Dewig, Helen Dewig,
Thomas E. Dewig, Janet R. Dewig and Kenneth J. Dewig, by their
attorney, Dan L. Reeves, and the parties having heretofore advised
the Court that the Defendant, Kenneth J. Dewig, has no interest in
the land which is the subject of this suit and the parties
stipulate and. agree that he shall take nothing by way of this
action, and this cause having been submitted to a jury for trial on
the issue raised by the exceptions filed by the Plaintiff to the
Report of the Appraisers herein, and the jury having returned its
verdict on April 17, 1991, finding that the Defendants, William E.
Dewig, Helen Dewig, Thomas E. Dewig and Janet R. Dewig, have
sustained damages in the sum of ONE HUNDRED SIXTY-SIX THOUSAND TWO
HUNDRED AND FIFTY DOLLARS ($166,250.00) exclusive of interest in
the sum of ZERO DOLLARS ($0.00), as computed by the Court amounts
to total damages of ONE HUNDRED SIXTY-SIX THOUSAND TWO HUNDRED
FIFTY DOLLARS ($166,250.00) on account of the appropriation by the
Plaintiff of the land of the Defendants and on account of the
construction and erection thereon by Plaintiff of a Kindergarten
through Eighth Grade School, to-wit:
A part of the� northwest quarter of the southeast
quarter of Section 31, Township 3 south, Range 10 west,
in Johnson Township, Gibson County, Indiana, and further
described as follows: Begin at a point 162 feet north
and 23.5 feet east of the southwest corner of the
northwest quarter of the southeast quarter of Section 31,
Township 3 south, Range 10 west, and measure north
parallel to the west line of said quarter quarter section
a distance of 762.13 feet to a 5/B inch iron set; thence
measure south 89 degrees 42 minutes 50 seconds east a
distance of 1013.52 feet to a 3/4 inch iron set; thence
measure south 0 degrees 5 minutes 25 seconds west a
distance of 924.13 feet to an iron set in the south line
of said quarter quarter section; thence measure north B9
degrees 45 minutes 50 seconds west a distance of 611.95
feet to an iron set; thence measure north parallel to
said west line a distance of 162 feet to a 5/8 inch iron
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set; thence measure north 89 degrees 45 minutes 50
seconds west a distance of 400.10 feet to the point of
beginning and containing 20 acres, but SUBJECT TO the
north part of a county road right-of-way off the south
side thereof, EXCEPTING THE COAL AND OTHER MINERALS MIXED
WITH THE COAL THEREIN AND THEREUNDER.
the Court makes the following findings, to-wit:
1. That the Court has jurisdiction of the parties and the
subject matter herein.
2. That the Order of Appropriation entered hereon on April
25, 1990, and filed for record on May 3, 1990, for the fee simple
title of the Defendants' real estate as described hereinabove
should be confirmed.
'3. That the Plaintiff filed exceptions to the Appraisers'
Report but the Defendants did not.
4. That the Plaintiff has neither entered into possession of
the real estate nor deposited the Appraisers' Award into the Court.
5. That the Defendants are entitled to pre-judgment interest
in the amount of ZERO DOLLARS ($0.00), plus the amount of the
verdict as determined by the Jury in the amount of ONE HUNDRED AND
SIXTY-SIX THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($166,250.00),
plus litigation expenses in the amount of TWO THOUSAND FIVE HUNDRED
DOLLARS ($2,500.00) totalling ONE HUNDRED SIXTY-EIGHT THOUSAND
SEVEN HUNDRED FIFTY DOLLARS ($168,750.00).
6. That the Defendant, Kenneth Dewig is entitled to no
portion of the Jury award.
ZT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED BY
THE COURT:
A. That the Order of Appropriation entered herein on May 3,
1990, be and the same is hereby confirmed and the fee simple title
of Defendants' real estate described in Plaintiff's Complaint be,
and the same is appropriated, said fee simple title of Defendants'
real estate being more particularly described as follows, to-wit:
A part of the northwest quarter of the southeast
quarter of Section 31, Township 3 south, Range 10 west,
in Johnson Township, Gibson County, Zndiana, and further
described as follows: Begin at a point 162 feet north
and 23.5 feet east of the southwest corner of the
northwest quarter of the southeast quarter of Section 31,
Township 3 south, Range 10 west, and measure north
parallel to the west line of said quarter quarter section
a distance of 762.13 feet to a 5/8 inch iron set; thence
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measure south 89 degrees 42 minutes 50 seconds east a
distance of 1013.52 feet to a 3/4 inch iron set; thence
measure south 0 degrees 5 minutea 25 seconda west a
distance of 924.13 feet to an iron set in the south line
of said quarter quarter section; thence measure north 89
degrees 45 minutes 50 seconds west a distance of 611.95
feet to an iron set; thence measure north parallel to
said west line a distance of 162 feet to a 5/8 inch iron
set; thence measure north B9 degrees 95 minutes 50
seconds west a distance of 400.10 feet to the point of
beginning and containing 20 acres, but SUBJECT TO the
north part of a county road right-of-way off the south
side thereof, EXCEPTING THE COAL AND OTHER MINERALS MZXED
WITH THE COAL THEREIN AND THEREUNDER.
B. That the Defendants, William E. Aewig, Helen Dewig, Thomas
E. Dewig,.and Janet R. Dewig are awarded as final and total damages
the following:
1. JURY AWARD. ONE HUNDRED AND SIXTY-SZX THOUSAND TWO
HUNDRED AND FIFTY DOLLARS ($166,250.00).
2. INTEREST. ZERO DOLLARS ($0.00). •
3. LITIGATION EXPENSES. TWO THOUSAND FIVE HUNDRED DOLLARS
($2,500.00)
making the_total amount of this judgment the sum of ONE HUNDRED
SIXTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($168,750.00).
C. That the following be paid to the Clerk of this Court
within the time limits specified in IC 32-11-1-11, to-wit: by the
Plaintiff, South Gibson School Corporation; ONE HUNDRED SIXTY-EIGHT
THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($16B,750.00), plus interest
at eight per cent (88) per annum from the date hereof.
D. That upon said payment being made the Clerk of this Court
shall pay to the Defendants, William E. Dewig, Helen Dewig, Thomas
E. Dewig, Janet R. Dewig ONE HUNDRED SIXTY-EIGHT THOUSAND SEVEN
HUNDRED FIFTY DOLLARS ($168,750.00), plus interest at eight per
cent (8$) per annum from the date hereof.
E. That the Defendant, Kenneth Dewig shall take nothing in
this action.
ALL OF WHICH IS ORDERED THIS �,� DAY OF
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