United States of America v. 0.24 Acres More or Less, Located in Summerdale, Baldwin County, State of Alabama et al

Filing 39

ORDER OF FINAL JUDGMENT ADOPTING SETTLEMENT AGREEMENT, RELEASE, & STIPULATION OF JUST COMPENSATION, parties have agreed that full & just compensation payable the United States for the permanent Restrictive Easement shall be the sum of $15,000.00 . Dft MidFirst will make a motion to withdraw the previously deposited amount of $4,100.00, plus any accrued interest, to be payable solely to mortgagee MidFirst Bank, & the remaining sum of $10,900.00 will be sent via check to MidFirst Bank from the United States as set out. Signed by Senior Judge Callie V. S. Granade on 8/11/2017. (copy mailed to Dft Jaime B. Burkett on 8/11/17) (tot) Modified on 8/11/2017 (tot).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
0.24 ACRES MORE OR LESS,
LOCATED IN SUMMERDALE,
BALDWIN COUNTY, STATE OF
ALABAMA; JAIME B. BURKETT,
A/K/A/ JAIME B. GEBHART, et al.,
Defendants.

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CIVIL ACTION NO. 16-556-CG-N

ORDER OF FINAL JUDGMENT ADOPTING SETTLEMENT AGREEMENT,
RELEASE, AND STIPULATION OF JUST COMPENSATION
Upon consideration of the Settlement Agreement, Release, and Stipulation of
Just Compensation filed in respect to the taking of a permanent Restrictive
Easement over 0.24 acres of land at 22750 County Road 36, Summerdale, Baldwin
County, Alabama, as more particularly described in the Amended Complaint (Doc
36) and Schedule “B” attached thereto (the subject property); and the Court being
satisfied that the parties have agreed that the just compensation amount to be paid
by plaintiff, the United States of America, for the taking of said interests, is the
sum of $15,000.00; the Court
FINDS that the Defendants, Jaime B. Burkett f/k/a/ Jaime B. Gebhart, joined
by Brian Burkett, her husband and MidFirst Bank, mortgagee are entitled to the
amount stipulated hereto pursuant to and in accordance with the conditions set
forth herein, and

IT IS ORDERED, ADJUDGED AND DECREED:
1. The United States filed a Complaint in Condemnation (Doc. 1) and
Declaration of Taking (Doc. 3) on November 7, 2016, in the abovecaptioned case for condemnation of a permanent restrictive easement over
0.24 acres of property located at 22750 County Road 36, Summerdale,
Baldwin County, Alabama, and more particularly described in the
Amended Complaint and Schedule “B” attached thereto.
2. On November 9, 2016, Plaintiff deposited the amount of $4,100.00 into the
registry of this Court. At that time, title to the property, to the extent set
forth in the Declaration of Taking, vested in the United States by
operation of law.
3. Pursuant to the settlement terms agreed to between the parties, the
United States filed an Amended Complaint in Condemnation (Doc. 36) on
August 2, 2017.
4. The parties have agreed that full and just compensation payable by the
United States for the permanent Restrictive Easement shall be the sum of
$15,000.00. This sum represents full and complete compensation for the
estate taken, and it is further agreed that the said sum is in full
satisfaction and release of all claims against the United States for the
taking. Any claims or causes of action that exist or which hereafter arise
between the parties other than just compensation for the permanent

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Restrictive Easement or as provided for in this agreement, are not
satisfied, released, or resolved by this agreement.
5. The parties have agreed that Defendant MidFirst (on behalf of Defendant
Burkett) will make a motion to withdraw the previously deposited amount
of $4,100.00, plus any accrued interest, to be payable solely to mortgagee
MidFirst Bank, and that the remaining sum of $10,900.00 will be sent via
check to MidFirst Bank from the United States. The United States will
use its best efforts to make such payment within 30 days of the execution
of the Court order approving this Settlement Agreement and Stipulation
of Just Compensation, and will make the payment no later than 30 days of
such execution.
6. Because this is a settlement of litigation, neither the entire settlement
amount, nor each individual payment, may be construed as an admission
by the United States or Defendants as to the market value of the interest
in the subject property for any particular year.
7. Defendants Jaime B. Burkett and Brian Burkett warrant that they are
the sole owners of the subject property, while MidFirst Bank warrants
that it is the sole mortgagee of the subject property. Per the terms of the
Defendant’s mortgage, MidFirst Bank has the exclusive right to the
compensation herein, excepting the interests of parties having liens or
encumbrances of record, and unpaid taxes and assessments.

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8. In the event that any other party is ultimately determined by a Court of
competent jurisdiction to have any right to receive compensation for the
property taken in this case, Defendants shall refund into the registry of
the Court the compensation distributed herein, or such part thereof as the
Court may direct, with interest thereon at the rate of 52-week Treasury
Bills, calculated in accordance with the provisions of 40 U.S.C. § 3116,
from the date of receipt of the deposit by Defendants to the date of
repayment into the registry of the Court.
9. The parties hereto shall be responsible for their own legal fees, costs and
expenses, including attorneys’ fees, consultants’ fees and any other
expenses.
10. It is contemplated that this Settlement Agreement, Release, and
Stipulation of Just Compensation may be executed in several counterparts,
with a separate signature page for each party. All such counterparts and
signature pages, together, shall be deemed to be one document. This
agreement may be recorded.
11. The persons signing this Settlement Agreement, Release, and Stipulation
of Just Compensation warrant and represent that they possess full
authority to bind the persons on whose behalf they are signing to the terms
of the Settlement Agreement, Release, and Stipulation of Just
Compensation.

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12. This agreement is contingent upon the entry of an Order of Judgment in
which the Court adopts the terms of this agreement and retains jurisdiction
to enforce said terms, and the parties hereto consent to the entry of all
orders and judgment necessary to effectuate this agreement.
13. This agreement was drafted by all parties and, thus, shall not be construed
against any party.
14. The signatory parties hereto will take no appeal from any ruling or
judgments made by this Court in this action.
15. The Court retains jurisdiction over this Order and the Settlement
Agreement, Release, and Stipulation of Just Compensation.
DONE and ORDERED this 11th day of August, 2017.

/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE

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