Smiley v. City of Dayton

Filing 72

STIPULATED JUDGMENT ENTRY - The parties have now reached a full and final settlement, and Kenneth Smiley, Jr. has agreed to accept Two Hundred Thousand Dollars ($200,000.00) as full compensation for Kenneth Smiley, Jr.'s claims and the pro pe11y appropriated. The other named defendant, the Montgomery County, Ohio, Treasurer, approves this settlement. Based upon the foregoing, it is hereby ORDERED, ADJUDGED, AND DECREED that all right, title and interest, including limitation of access, in the property be vested in the City of Dayton, Ohio, in fee simple absolute. This Court finds that the Montgomery County, Ohio, Treasurer has filed an answer and has a valid lien for property taxes and assessments on this property. Further, this Court finds that there are no current taxes due and owing on the propertyas of the date of this entry. It is further ORDERED, ADJUDGED, AND DECREED that the interests granted to theCity of Dayton, Ohio, are hereby duly vested in the City of Dayton, O hio, free and clear of all claims of all parties, except all easements running with the land. Kenneth Smiley, Jr. is barred from asserting any prior claim or interest in the appropriated property.It is further ORDERED, ADJUDGED, AND DECREED that a ce rtified copy of thisStipulated Judgment Entry be immediately transmitted to the County Auditor for purposes of making the proper notations relative to title, if any, and changes of tax evaluation and liability therefore, if any; and that the County Auditor shall then transmit said entry to the County Recorder for recording in the deed records of this county. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 9/12/17. (pb)(AUDITOR)