The State of Nevada v. United States Department of the Treasury - Internal Revenue Service

Filing 38

ORDER Granting 37 Stipulation Regarding The City of Las Vegas' Conditional Disclaimer of Interest. Signed by Judge Andrew P. Gordon on 10/31/2016. (Copies have been distributed pursuant to the NEF - DL)

Case 2:16-cv-00665-APG-GWF Document 37 Filed 10/31/16 Page 1 of 3

1
2
3
4
5
6
7

CITY OF LAS VEGAS
BRADFORD R. JERBIC
City Attorney
Nevada Bar No. 1056
By: ELIAS P. GEORGE
Deputy City Attorney
Nevada Bar No. 12379
[e-mail]
495 S. Main Street, Sixth Floor
Las Vegas, NV 89101
[phone] (office)
[phone] (fax)
Attorneys for City of Las Vegas

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

THE STATE OF NEVADA, on relation of its
Department of Transportation,

CASE NO. 2:16-cv-00665-APG-GWF

Plaintiff,
vs.
DARRELL E. JACKSON, a married man;
THOMAS M. STRAWN, JR., a married man;
ANDREW S. LEVY, a married man;
DAVIDSON INVESTMENTS LIMITED
PARTNERSHIP, a Nevada limited partnership;
JOHN W. BOYER, a married man; MICHAEL
ALEXANDER, Trustee of the MICHAEL
ALEXANDER LIVING TRUST; NEVADA
TITLE COMPANY, a Nevada corporation; L.
S. ENTERPRISES, INC., a Nevada corporation
d/b/a American Commonwealth Mortgage Co.;
EAGLEMARK SAVINGS BANK, a Nevada
corporation; STATE OF NEVADA,
DEPARTMENT OF EMPLOYMENT,
TRAINING & REHABILITATION,
EMPLOYMENT SECURITY DIVISION;
UNITED STATES DEPARTMENT OF THE
TREASURY -- INTERNAL REVENUE
SERVICE; CITY OF LAS VEGAS; CLARK
COUNTY, a political subdivision of the State of
Nevada; and all other persons unknown
claiming any right, title, estate, lien or interest in
the real property described in the Complaint,

STIPULATION AND ORDER
REGARDING THE CITY OF LAS
VEGAS’ CONDITIONAL DISCLAIMER
OF INTEREST

Defendants.

28
1 of 3

Case 2:16-cv-00665-APG-GWF Document 37 Filed 10/31/16 Page 2 of 3

1

Plaintiff State of Nevada, on relation of its Department of Transportation (“NDOT”), and

2

defendant City of Las Vegas, by and through their respective counsel of record, hereby agree and

3

stipulate as follows:
1.

4

That subject to the conditions stated herein, the City of Las Vegas hereby

5

disclaims any further right, title, or interest in the property sought to be acquired herein—located

6

in Clark County, Nevada and associated with assessor’s parcel numbers (“APN”) 162-04-601-

7

001 and 162-04-601-002 (collectively, the “Property”)—and any interest in the amount

8

determined to be just compensation for said taking or any damages incidental thereto, or any

9

portion thereof, and further agrees and stipulates that NDOT may take whatever action it deems

10

desirable in this action, and counsel for City of Las Vegas hereby waives any and all notices and

11

process required by law concerning the premises.

12

2.

13

to the Property:
A.

14
15

This disclaimer is conditioned upon NDOT agreeing to the following with respect

To protect in place any of the City of Las Vegas’ facilities that may be

impacted by the subject NDOT project a/k/a/ Project NEON; and
B.

16

That NDOT take subject to the rights and interests of the following

17

easements maintained by the City as set forth in each of the four (4) RIGHT OF WAY GRANT

18

FOR DRAINAGE PURPOSES referred to in the instant Complaint. (See Compl. ¶ V(L), already

19

on file herein).

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
2 of 3

Case 2:16-cv-00665-APG-GWF Document 37 Filed 10/31/16 Page 3 of 3

1

3.

In the event the City of Las Vegas’ drainage facilities within the above-described

2

easements in paragraph 2(B) need to be relocated, rearranged or reconstructed as part of Project

3

NEON, NDOT will design replacement drainage facilities to accommodate the future modified

4

drainage flows. Said drainage flows must either be located in NDOT Right of Way or in a private

5

drainage easement to be acquired by NDOT.

6
7

DATED this 31st day of October 2016

DATED this 31st day of October 2016

8

BRADFORD R. JERBIC
City Attorney

ADAM PAUL LAXALT
Attorney General

/s/ Elias P. George
By:______________________________
ELIAS P. GEORGE
Deputy City Attorney
Nevada Bar No. 12379
495 S. Main Street, Sixth Floor
Las Vegas, NV 89101
Attorney for City of Las Vegas

/s/ Janet L. Merrill
By: _______________________________
JANET L. MERRILL
Sr. Deputy Attorney General
Nevada Bar No. 10736
3014 W. Charleston Blvd., Suite 150
Las Vegas, NV 89102
Attorney for State of Nevada, ex rel. its
Department of Transportation

9
10
11
12
13
14
15
16

ORDER

17
18
19
20

IT IS HEREBY ORDERED.
___________________________________
Judge Andrew P. Gordon
UNITED STATES DISTRICT JUDGE
Dated: October 31, 2016.

21
22
23
24
25
26
27
28
3 of 3