Filed: 6/7/2019 9:54 PM
Clerk
Monroe Circuit Court 1 Monroe County, Indiana
STATE OF INDIANA ) IN THE MONROE CIRCUIT COURT
)SS:
MONROE COUNTY ) CAUSE NO. _____________________________
53C01-1906-PL-001293
CITY OF BLOOMINGTON, INDIANA )
)
Plaintiff, )
)
v. )
)
222 HATS LLC, and )
GERMAN AMERICAN BANCORP, INC., )
)
Defendants. )
COMPLAINT FOR CONDEMNATION
Comes now the Plaintiff, City of Bloomington, Indiana, by its Board of Public
Works (“City”), by and through counsel, for its Complaint for Condemnation against
Defendants, 222 HATS LLC (“222 Hats”) and German American Bancorp, Inc., in
support thereof states as follows:
1. The City is an Indiana municipality duly organized pursuant to the
laws of the State of Indiana.
2. In the course of the exercise of its responsibilities and police powers to
provide for public facilities and works, the City intends to construct a new,
expanded 4th Street Parking Garage, which shall occupy the parcels of land
between the northwest corner of West 3rd Street and South Walnut Street and the
southwest corner of West 4th Street and South Walnut Avenue (the “Project”).
3. The Project will serve and benefit the public and enable the City to
perform its functions by providing much needed additional parking in the downtown
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area. The Project was approved for a public purpose and found to be in the public
interest by the City of Bloomington Board of Public Works in its Resolution 2019-43,
approved at a public meeting held on April 30, 2019. A copy of said resolution is
attached hereto and incorporated herein as Exhibit A.
4. 222 Hats owns title to certain real estate located in Monroe County,
Indiana, which is commonly known as 222 South Walnut Street, Bloomington,
Indiana 47401 and described as follows:
The South Half of In-Lot Number Thirty-three (33) in the City of
Bloomington, Indiana, as set out on the original Plat of the City of
Bloomington, Indiana, as shown in Plat Book No. 1 at page 4 (now Plat
Cabinet B, Envelope 1), in the office of the Recorder of Monroe County,
Indiana.
Tax Parcel No.: 53-05-33-310-173.000-005; Auditor’s Parcel No.: 013-
05940-00.
The property sought herein is more fully described and depicted in Exhibit B and
incorporated by reference herein (the “Real Estate”).
5. Defendant German American Bancorp, Inc., (“German American”)
holds a mortgage dated March 30, 2018, for the Real Estate in the original amount
of Five Hundred Thousand Dollars ($500,000.00) and recorded as Instrument
Number 2018003813 in the records of the Office of the Recorder of Monroe County,
Indiana. German American entered into the mortgage agreement with the
individual Juan Carlos Carrasquel, whose address is listed as 34 E. Saddlebrook
Ct., Bloomington, Indiana 47401.
6. Defendant German American Bancorp also holds an assignment of
rents dated March 30, 2018, for the Real Estate recorded as Instrument Number
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2018003815 in the records of the Office of the Recorder of Monroe County, Indiana.
German American entered into the assignment of rents with Juan Carlos
Carrasquel, whose address is listed as 34 E. Saddlebrook Ct., Bloomington, Indiana
47401.
7. The City has the statutory authority to undertake this Project and may
exercise the power of eminent domain over the property outlined above under
Indiana law including, but not limited to, Indiana Code Section 36-1-4-5 and
Indiana Code 32-24-1, et seq.
8. In connection with and in carrying out the Project, the City has
determined that it is necessary for the City to take, appropriate, acquire, remediate,
and make use of the whole of the Real Estate for the Project.
9. The City has attempted to engage in negotiations with 222 Hats in a
good faith effort to purchase the Real Estate, including obtaining two independent
appraisals and tendering the required offer to purchase the Real Estate in
accordance with Indiana Code Section 32-24-1-5. From the end of 2018, the City
also has also discussed opportunities with 222 Hats LLC member Juan Carlos
Carrasquel to have a space in the new structure that matches or exceeds his current
real estate footprint and that would maintain the organization’s visible presence on
the corner of West Third Street and South Walnut Street.
10. The City has complied with Indiana Code Section 32-34-1-5, and the
Uniform Property or Easement Acquisition Offer was personally delivered to 222
Hats LLC member Juan Carlos Carrasquel on May 6, 2019. A copy of the offer was
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also sent via separate certified mailings on May 6, 2019, to the owner, via the
following names and addresses: 222 Hats LLC at 222 S. Walnut Street,
Bloomington, Indiana 47404-6108; the registered agent for 222 Hats LLC, listed
with the Indiana Secretary of State’s Office as Mallor Grodner LLP, at 511 S.
Woodcrest Drive, Bloomington, Indiana 47401; and Juan Carlos Carrasquel at 3497
E. Saddlebook Court, Bloomington, Indiana 47401-8554.
11. The parties have been unable to agree upon the purchase and sale of
such interests in the Real Estate.
12. Having been unable to acquire voluntarily the Real Estate, the City
seeks to condemn and acquire the Real Estate in fee simple by this action.
WHEREFORE, the City of Bloomington prays that:
(a) The Court issue an order requiring the Defendants to appear at
a hearing to show cause, if any, why the Real Estate sought to
be condemned should not be appropriated;
(b) The Court appoint, pursuant to Indiana Code Section 32-24-1-7,
one disinterested freeholder of the County and two disinterested
appraisers licensed under Indiana Code 25-34.1 to assess the
damages which any Defendant, as an owner or an interest
holder of the Real Estate, may sustain or be entitled to by
reason of such appropriation and condemnation of the fee
interest in the Real Estate;
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(c) Upon payment t0 the Clerk of this Court 0f the damages
assessed, the Court order that the City 0f Bloomington may take
possession 0f and hold all necessary interests in the Real Estate;
(d) The Court take all other steps which may be necessary for the
City 0f Bloomington to acquire, by the right of eminent domain,
the Real Estate, as more particularly described and depicted in
Exhibit B; and
(e) The Court grant the City 0f Bloomington all other proper relief
in the premises.
The City of Bloomington reserves the right to demand a trial by jury.
Respectfully Submitted,
/s/LarrV D. Allen
Larry D. Allen, Attorney N0. 30505-53
Philippa M. Guthrie. Attorney No. 16958-53
Michael M. Rouker, Attorney N0. 28422-53
CITY OF BLOOMINGTON
401 N. Morton Street, Ste. 220
Bloomington, IN 47401
Email: allenl@bloomington.in.gov
Telephone: (812) 349-3426
Attorneys for the Plaintiff
