STATE OF INDIANA SS: COUNTY OF BOONE IN THE BOONE SUPERIOR COURT CAUSE NO.: 06D01-1601-PL-00004 COMMISSIONER, INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Plaintiff, vs. BOONE COUNTY RESOURCE RECOVERY SYSTEMS, INC., PATRICIA ANN BANKERT, and PATRICIA S. BANKERT, JONATHAN W. BANKERT, JR., and CYNTHIA A. RUSSELL, as the Trustees of the JONATHAN W. BANKERT REVOCABLE INTERVIVOUS TRUST, Defendants. NOTICE OF SUIT SUMMONS BY PUBLICATION TO: The Commissioners seeks an in rem judgment against Jonathan W. Bankert and Patricia Ann Bankert, and any other persons who may assert a claim or right or interest in certain real estate near Zionsville, Indiana, in Boone County. The Commissioner of the Indiana Department of Environmental Management filed a Verified Complaint in the Boone County Superior Court to declare an Environmental Restrictive Covenant on certain real estate in Boone County, and formerly known as the Northside Sanitary Landfill. The Commissioner seeks to impose environmental restrictive covenants that will prohibt certain uses of the real estate, such as digging or disturbing the landfill, and to prohibit the use of the groundwater in the vicinity. The real estate is described as follows: Legal Description of the Real Estate Part of the Southwest and Southeast Quarters of Section 2 and part of the Northeast and Northwest Quarters of Section 11 all in Township 18 North, Range 2 East of the Second Principal Meridian in Boone County, Indiana being described as follows: Commencing at the Northwest comer of the Southeast Quarter of said Section 2; thence South 01 degrees 20 minutes 13 seconds West (basis of bearings is the Indiana State Plane Coordinate System, West Zone) a distance of 183.48 feet to the centerline of Taylor Road as it runs Southwest; thence South 68 degrees 22 minutes 03 seconds West along said centerline a distance of 1890.60 feet; thence South 13 degrees 48 minutes 48 seconds East a distance of 711.60 feet to the Point of Beginning at the northeast comer of the parcel of land identified as Parcel 33 on the Grant of Easement recorded in Deed Record 238 at Page 349 in the Office of the Boone County Recorder and on a survey certified on August 17, 1992 by Evan J. Evans, Registered Land Surveyor #910024 (Schneider Engineering Corporation Job Number 799.04); thence North 13 degrees 48 minutes 48 seconds West a distance of 9.40 feet; thence North 26 degrees 56 minutes 55 seconds East a distance of 74.50 feet; thence North 52 degrees 18 minutes 28 seconds East a distance of 545.25 feet; thence North 88 degrees 18 minutes 08 seconds East a distance of 772.91 feet; thence North 89 degrees 26 minutes 33 seconds East a distance of 930.91 feet; thence South 00 degrees 07 minutes 24 seconds East a distance of 480.92 feet; thence South 00 degrees 12 minutes 18 seconds East a distance of 220.65 feet; thence South 00 degrees 25 minutes 44 seconds West a distance of 89.73 feet; thence South 08 degrees 00 minutes 58 seconds West a distance of 131.08 feet; thence South 30 degrees 08 minutes 30 seconds West a distance of 123.05 feet; thence South 06 degrees 30 minutes 04 seconds East a distance of 185.83 feet; thence South 40 degrees 35 minutes 25 seconds East a distance of 111.18 feet; thence South 31 degrees 47 minutes 50 seconds East a distance of 38.30 feet; thence South 11 degrees 00 minutes 29 seconds East a distance of 147.23 feet; thence South 01 degrees 33 minutes 03 seconds East a distance of 39.66 feet to the south line of the west half of the southeast quarter of said Section 2; thence South 88 degrees 26 minutes 57 seconds West along said south line a distance of 221.14 feet to the northeast comer of the tract of land identified as Parcel 4 on the aforesaid Grant of Easement and Evans survey; thence South 43 degrees 23 minutes 29 seconds West along the southeast line of said Parcel 4 a distance of 630.60 feet to a southerly comer thereof on the west line of the northeast quarter of the aforesaid Section 11; thence North 00 degrees 56 minutes 05 seconds West along said west line a distance of 16.50 feet to a southerly comer of said Parcel 4; thence South 88 degrees 15 minutes 13 seconds West along the south line of said Parcel 4 a distance of 310.47 feet to the southwest comer thereof; thence North 01 degrees 20 minutes 12 seconds West along the west line of said Parcel 4 a distance of 11.50 feet to the southeast comer of the tract of land identified as Parcel 5 in the aforesaid Grant of Easement and Evans survey; thence South 88 degrees 39 minutes 04 seconds West along the south line of said Parcel 5 a distance of 1508.01 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 204.69 feet; thence North 03 degrees 04 minutes 12 seconds East a distance of 103.50 feet; thence North 26 degrees 13 minutes 00 seconds West a distance of 46.69 feet; thence North 05 degrees 21 minutes 22 seconds West a distance of 191.42 feet; thence North 73 degrees 18 minutes 23 seconds East a distance of 17.66 feet; thence North 03 degrees 35 minutes 01 seconds West a distance of 149.19 feet; thence North 05 degrees 49 minutes 41 seconds East a distance of 193.86 feet; thence North 05 degrees 20 minutes 37 seconds East a distance of 107.44 feet; thence North 09 degrees 49 minutes 46 seconds East a distance of 358.97 feet to the south line of the aforesaid Parcel 33; thence South 88 degrees 13 minutes 14 seconds West along said south line a distance of 107.97 feet to the southwest comer thereof; thence North 19 degrees 55 minutes 48 seconds West along the west line of said Parcel 33 a distance of 210.47 feet to the northwest comer thereof; thence North 88 degrees 13 minutes 14 seconds East a distance of 356.70 feet to the Point of Beginning, Containing 100.22 acres. more or less. The records of the Boone County Assessor and Recorder show that some of the above land is owned by Jonathan W. Bankert and Patricia Ann Bankert, and service of process was attempted at the addresses of record for these lands. Both Jonathan W. Bankert and Patrici Ann Bankert are believed to be deceased, however, and no other owners appear in the records of the Boone County Assessor and Recorder. The Jonathan W. Bankert Revocable Intervivos Trust is the Successor in Title to Jonathan W. Bankert pursuant to the Order Authorizing Closing of Estate as Insolvent filed June 20, 2001 in Boone County Superior Court under Cause No. 06D01-8911-ES-143. The Commissioner has filed a motion for default judgment, which will be decided by the Boone Superior Court on or before October 11, 2016. If you assert a claim or right or interest in the real estate detailed above YOU MUST RESPOND in writing within thirty (30) days after the last publication of this notice, and in the event you fail to do so, judgment may be entered against any interest claimed by you and without further notice. Attorney for the Commissioner, Indiana Department of Environmental Management is the Office of the Indiana Attorney General by Deputy Attorney General Timothy J. Junk, Indiana Government Center South, 5th Floor, 302 West Washington Street, Indianapolis, IN 46204. Dated Jul 27, 2016 Jessica J. Fouts Clerk of the Boone County Circuit/Superior Courts TLR-407 08/09, 16 & 23 hspaxlp
↧