United States of America et al v. Keith et al (TV3)

Filing 29

JUDGMENT and ORDER Disbursing Funds as set forth more fully herein. Signed by Chief District Judge Thomas A Varlan on April 18, 2014. (certified copy mailed to counsel for Plaintiff; copies mailed to Ms. Tammy A. Keith and Mr. Claud e E. Keith, Jr. c/o 7733 Rosie Lane, Strawberry Plains, Tennessee 37871; CitiFinancial Mortgage Company, Inc., 1000 Technology Drive, O'Fallon, Missouri 63368-2239; Tennessee Valley Title Insurance Company, 800 South Gay Street, Suite 1700, Knoxville, Tennessee 37929; Mortgage Electronic Registration System, Inc., 1901 East Voorhees Street, Danville, Illinois 61834; and Wilson & Associates, PLLC, 1521 Merrill Drive, Suite D-220, Little Rock, Arkansas 72211) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA
upon the relation and for the use of the
TENNESSEE VALLEY AUTHORITY,

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Plaintiff,
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v.
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TREE-REMOVAL RIGHTS WITH RESPECT
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TO LAND IN KNOX COUNTY, TENNESSEE, and )
TAMMY A. KEITH,
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CLAUDE E. KEITH, JR.,
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CITIFINANCIAL MORTGAGE COMPANY, INC., )
TENNESSEE VALLEY TITLE
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INSURANCE COMPANY, trustee,
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BANK OF AMERICA, N.A.,
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WILSON & ASSOCIATES, PLLC, trustee,
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MORTGAGE ELECTRONIC
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REGISTRATION SYSTEM, INC., nominee,
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Defendants.
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No. 3:13-CV-520-TAV-HBG

JUDGMENT AND ORDER DISBURSING FUNDS
This action came on to be considered, and it appears to the Court, as evidenced by the
disclaimers filed on behalf of Defendants CitiFinancial Mortgage Company [Doc. 24], Tennessee
Valley Title Insurance Company [Doc. 25], Wilson & Associates, PLLC [Doc. 26], and Bank of
America, N.A. [Doc. 27]; and by the non-response of Defendant Mortgage Electronic Services, Inc.
(MERS), to Plaintiff’s Motion for Judgment and Order Disbursing Funds [Doc. 28]; and the
signatures below of Tammy and Claude Keith (the property owners), that the remaining parties in
interest have agreed to resolve this action on the terms set forth below.

It is, therefore, ORDERED AND ADJUDGED that:
1.

The Keiths shall recover of the Plaintiff $4,500 as full compensation for the taking

of the tree-removal rights herein condemned.
2.

Plaintiff has already deposited $1,100 with the Clerk as its estimate of just and liberal

compensation for the rights taken. [Docs. 2, 5.] Plaintiff is ordered to deposit an additional $3,400
with the Clerk, for a total deposit of $4,500.
3.

Once Plaintiff has deposited the additional $3,400, the Clerk of this Court is

authorized and directed to (1) close out the money-market deposit account that was created pursuant
to the Investment Order entered herein [Doc. 5], (2) deposit all sums received from the account into
the registry of this Court, (3) draw a check on the funds on deposit in the registry of this Court in
the principal amount of $4,500 (plus all interest earned on the account less the Clerk’s registry fee)
payable to Tammy A. Keith and Claude E. Keith, Jr., and (4) mail said check to Tammy A. Keith,
7733 Rosie Lane, Strawberry Plains, Tennessee 37871.
4.

The vesting of title in the United States of America, free of all liens, claims, and

encumbrances, as evidenced by the Declaration of Taking filed herein on August 29, 2013 [Doc. 13], is hereby fully and finally confirmed with respect to the easement rights described below, said
descriptions being the same as in Attachment 1 to the Declaration of Taking
filed herein [Doc. 1-4]:
Tree-removal rights with respect to land located in the Eighth Civil District
of Knox County, State of Tennessee, and described in a deed recorded at
Instrument No. 200111060036156 in the office of the Register of Knox
County, Tennessee, which description is incorporated herein by reference
and made a part hereof. Said rights consisting of the perpetual right to
remove, cut down, destroy, and/or otherwise dispose of any trees on said land
which in falling could come within five feet of any transmission line
structure or conductor (the structures and conductors being on and over
adjacent land as hereinafter described), the Tennessee Valley Authority to
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remain liable for any direct physical damage to said land and fences thereon
resulting directly from operations by and on behalf of the Tennessee Valley
Authority in the exercise of said rights.
TRACT NO. VEK-108-CR
The perpetual right to enter at any time and from time to time the
northeastern portion of the land of Tammy A. Keith, et vir, and trim, top, cut,
clear, and remove, destroy, or otherwise dispose of as necessary any trees,
which in falling could come within 5 feet of any transmission line structure
or conductor on the Volunteer-East Knox Transmission Line, as shown on
sheet P3 of US-TVA drawing LW-8751, R.3, the said land lying southwest
of and adjacent to the southwestern property line of Timothy J. Northcutt,
et ux., the land affected by the clearing rights begins at a point 106.08 feet
right of the centerline of the location at survey station 484+17.05, the said
point being a point on the property line between Tammy A. Keith, et vir, and
Timothy J. Northcutt, et ux., and extending in a southeasterly direction to a
point on the said property line, the said point being 66.36 feet right of the
centerline of the location at survey station 491+65.85, and located in the
Eighth Civil District of Knox County, State of Tennessee.
The foregoing tree-removal rights are acquired except insofar as those rights
or any part thereof are already owned by Plaintiff, which owns preexisting
permanent easements and rights-of-way (Tracts WA-201 and WA-202),
which may include a portion of said land by virtue of grants recorded in Deed
Books 504 and 599, pages 29-31 and 297, respectively, in the office of the
Register of Knox County, Tennessee.
5. The Clerk of this Court shall furnish to Plaintiff a certified copy of this Judgment which
shall serve as a muniment of title.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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We hereby approve and consent to the entry of this Judgment:

s/Tammy A. Keith
(Original, notarized signature on file)
Tammy A. Keith
7733 Rosie Lane
Strawberry Plains, Tennessee 37871

s/Tricia L. Roelofs
Tricia L. Roelofs (TN BPR 029978)
TVA GENERAL COUNSEL’S OFFICE
400 West Summit Hill Drive
Knoxville, Tennessee 37902-1401
Telephone: [phone]
Email: [e-mail]

s/Claude E. Keith, Jr.
(Original, notarized signature on file)
Claude E. Keith, Jr.
7733 Rosie Lane
Strawberry Plains, Tennessee 37871

Attorney for Plaintiff

Defendant-Landowners
19727268

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