Knightstown Lake Property Owners Ass'n, Inc. v. Big Blue River Conservancy Dist., 1-1277A310

• Decision Date: 11 December 1978
• Docket Number: No. 1-1277A310,1-1277A310
• Citation: 178 Ind.App. 463,383 N.E.2d 361
• Parties: KNIGHTSTOWN LAKE PROPERTY OWNERS ASSOCIATION, INC. and its successors, heirs and assigns. All unknown persons claiming any interest in the real estate described herein. Pioneer Village Lot Owners Association, Incorporated, Appellants (Defendants below), v. The BIG BLUE RIVER CONSERVANCY DISTRICT, Appellee (Plaintiff below).
• Court: Indiana Appellate Court

Page 361

383 N.E.2d 361

178 Ind.App. 463

KNIGHTSTOWN LAKE PROPERTY OWNERS ASSOCIATION, INC. and its successors, heirs and assigns. All unknown persons claiming any interest in the real estate described herein. Pioneer Village Lot Owners Association, Incorporated, Appellants (Defendants below), v. The BIG BLUE RIVER CONSERVANCY DISTRICT, Appellee (Plaintiff below).

No. 1-1277A310.

Court of Appeals of Indiana, First District.

Dec. 11, 1978.

Nathan Fogle, Indianapolis, for appellants.

R. Scott Hayes of Scotten & Hinshaw, H. Terrill Harvey of Millikan, Hodson & Harvey, New Castle, for appellee.

LYBROOK, Presiding Judge.

This action arises out of a complaint for condemnation filed by the appellee, Big Blue Conservancy District (Big Blue) on March 19, 1974, pursuant to Ind. Code § 19-3-2-61(e) and § 32-11-1-2. Big Blue brought this action against the owners of record of certain real property in Henry County, Indiana: the Knightstown Lake Property Owners Association, Inc., and its successors, heirs and assigns (hereinafter collectively referred to as Knightstown), all unknown persons claiming any interest in this real estate, and the Pioneer Village Lot Owners Association (Pioneer) by virtue of its payment of property taxes on the real estate which was the subject of this action. Big Blue sought condemnation of the real estate and vesting of title and possession of the property in Big Blue, as well as the appointment of three freeholders to assess the benefits and damages, if any, to which the owners are entitled as a result of the appropriation of the property.

Knightstown and Pioneer answered the complaint, ¹ and appraisers were subsequently appointed. Knightstown and Pioneer took exception to the appraisers' report which was filed with the Henry Circuit Court.

Trial was commenced on July 19, 1976, and, by agreement of the parties, was tried separately on the issue of ownership of the real estate and the issue of damages, pursuant to Indiana Rules of Procedure, Trial Rule 42(B).

The trial court issued the following findings and judgment on May 24, 1977, omitting caption and formal parts:

"Comes now the Court, and this cause, by agreement and stipulation of the parties, and pursuant to TR. 42(B), and pursuant to the terms of the pre-trial order heretofore entered in this cause, having been submitted to the Court, without the intervention of a jury, for trial, finding, and judgment upon the separate issues of the ownership of the real estate which is the subject of this action, and of the standing of the various parties, and of the right to participate or share in the proceeds from the award of damages in this cause, and the Court, having heard the evidence, and argument of counsel, and having read and examined the briefs filed herein, and being duly and sufficiently advised in the premises, now finds as follows:

1. That on September 5, 1924, Warren Smadbeck, the person who developed and platted the Knightstown Lake Addition located in Wayne and Spiceland Townships, Henry County, Indiana, and Madeline Smadbeck, his wife, by quit-claim deed, conveyed to Charles E. Coffin, as Trustee, referred to as the party of the second part, the following real estate in Henry County, Indiana, to-wit:

All the streets, avenues, drives, roads, alleys, walls, ways, and right of way, subject to the rights of the public in and to the same by virtue of the recording of certain maps shown and designated as Knightstown Lake as hereinafter specifically described. And for the exclusive use of the lot owners all the lands not shown and numbered as lots, lakes, lake beds, shores, landings and contiguous ways, and walls, abutments dams banks spillways, outlets inlets and races, holding controlling and regulating such lakes, streams brooks pools ponds and beds underlying same, and also banks shores and ways contiguous thereto, Parks club houses (subject to the rights of the Knightstown Golf and Country Club to use the said club house for its members) bath houses shelter houses or any other outhouses, bridges, crossings and fords fountains, drinking fountains, wells and other water supply and all natural resources under or over said lands hereby conveyed, trolley stations platforms and crossing and all rights of ingress and egress to and from such stations and platforms. All the above as specifically shown included and lying within certain maps numbered 1-2-3-4- of an addition known as Knightstown Lake located in Wayne and Spiceland townships, Henry County, Indiana, as the same is shown in certain maps prepared by W. J. Kauffman, C.E. and recorded in the office of the recorder of Henry County, Indiana, in Plat Book especially designated as Knightstown Lake.

All lots with appurtenances are expressly excepted.

This conveyance is made upon the conditions that the streets avenues roads, drives and walks are to remain open as shown upon said maps and that the parks lakes brooks creeks, trolley stations rights of way club houses and all other buildings as above set forth and all other rights and privileges which are specified or implied above shall remain open and unimpaired; and nothing herein shall be construed to limit in any manner the rights of the lot owners, and no buildings of any kind shall be constructed on the parks, ways, land lakes or any other territory covered by this conveyance which shall be objectionable to the said lot owners.

Said deed was duly recorded in the Office of the Recorder of Henry County, Indiana, on April 14, 1925, in Deed Record 103, pp. 482-483.

2. Said deed from Smadbecks to Coffin, Trustee, aforesaid, also contained the following provisions:

AS AND WHEN the inhabitants and lot owners of said Knightstown Lake shall organize a corporation to take over and maintain the roads, streets, avenues, drives, parks and lakes herein mentioned, the said party of the second part will quit claim and remise to the said corporation who shall then hold the same for the public purposes herein mentioned and subject to the restrictions herein contained.

AND the said corporation shall and will as and when the said Knightstown Lake shall become incorporated as a municipal corporations upon the demand and request of the duly constituted authorities of the said municipal corporation convey said roads streets avenues drives parks and lakes to the said Municipal corporation for the use and benefit of the said municipal corporation subject to the restrictions herein contained.

3. That the real estate which is the subject of this action in condemnation is part of the real estate conveyed by the said deed from Smadbecks to Coffin, Trustee.

4. That Knightstown Lake Property Owners Association was organized as a voluntary association not-for-profit, on or about September 17, 1924, and the Articles of Association were recorded in the Office of the Recorder of Henry County in Miscellaneous Record 15, Page 473.

5. That on October 24, 1924, Charles E. Coffin, as Trustee, by quit claim deed, conveyed to Knightstown Lake Property Owners Association the same real estate which was previously conveyed by Smadbecks to Coffin, Trustee, as set forth in the Court's finding No. 1, which deed from Coffin, Trustee, to Knightstown Lake Property Owners Association, dated October 24, 1924, contained the same provisions as the deed from Smadbecks to Coffin, and was duly recorded in the Office of the Recorder of Henry County on April 14, 1925, in Deed Record 103, page 483.

6. That on May 23, 1932, the said Charles E. Coffin, Trustee, by quit claim deed, conveyed to Knightstown Lake Property Owners Association, Incorporated, the following real estate in Henry County, Indiana, to-wit:

All the streets, avenues, drives, roads, alleys, walks, ways and rights of way, subject to the rights of the public in and to the same by virtue of the recording of certain maps shown and designated as "Knightstown Lake", as hereinafter specifically described; and for the exclusive use of the lot owners, all lakes, lake beds, shores, landings and contiguous ways; and walls, abutments, dams, banks spillways, outlets, inlets and races, holding, controlling and regulating such lakes; streams, brooks, pools, ponds and beds underlying same; and also banks, shores and ways contiguous thereto; parks, club houses, (subject to the rights of the Knightstown Golf and Country Club to use the said club house for its members), bath houses, shelter houses, or any other outhouse or outhouses; bridges, crossings, and fords; fountains, drinking fountains, wells and other water supply; and all natural resources under or over said lands hereby conveyed; trolley stations, platforms, and crossings, and all rights of ingress or egress to and from such stations and platforms.

All the above as specifically shown, included and lying within certain maps number '1', '2', '3', and '4' of an addition known as 'KNIGHTSTOWN LAKE' located in Wayne and Spiceland Township, Henry County, Indiana, as the same is in certain maps prepared by W. L. Kauffman, C.E., and recorded in the Office of the Recorder of Henry County, Indiana, in Plat Book especially designated as 'Knightstown Lake.'

All lots are expressly excepted.

This conveyance is made upon the condition that the streets, avenues, roads, drives and walks are to remain open as shown upon said maps and that the parks, lakes, brooks, creeks, trolley stations, rights of way, club houses and all other buildings as above set forth and all other rights and privileges which are specified or implied above, shall remain open and unimpaired; and nothing herein shall be construed (sic) to limit in any manner the rights of the lot owners; and no buildings of any kind shall be construed (sic) on the parks ways, land, lakes or any other territory covered by this conveyance which shall be objectionable to the said lot owners.

It being the intent and purpose of this conveyance to convey all lands on the platted additions herein mentioned and...