United States of America et al v. An Easement and Right-of-Way Over 6.82 Acres of Land, More or Less, in Montgomery County, Tennessee et al
Filing
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JUDGMENT AND ORDER OF DISTRIBUTION of Funds. Signed by District Judge Aleta A. Trauger on 7/25/19. (xc: Financial Department)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA
upon the relation and for the use of the
TENNESSEE VALLEY AUTHORITY,
Plaintiff,
v.
No. 3:17-CV-01477
AN EASEMENT AND RIGHT-OF-WAY OVER
6.82 ACRES OF LAND, MORE OR LESS,
IN MONTGOMERY COUNTY, TENNESSEE, and
COVINGTON FARMS, INCORPORATED,
a Kentucky Corporation,
Defendants.
JUDGMENT AND ORDER DISBURSING FUNDS
This action came on to be considered, and it appears to the Court, as evidenced by the
signatures below, that the parties have agreed to resolve this action as hereinafter provided.
Plaintiff has deposited with the registry of this Court the sum of $78,475, plus any
accrued interest thereon less the applicable registry fee, the disbursement of which is provided
for in paragraphs 2–3 below.
It is, therefore, ORDERED AND ADJUDGED that:
1. Defendant Covington Farms, Incorporated, shall recover of the Plaintiff $78,475
as full compensation for the taking of the land herein condemned.
2. On June 22, 2018, the Court disbursed $48,475 plus all interest earned, less the
registry fee on said interest, by check made payable to Covington Farms, Incorporated, a
Kentucky Corporation (Doc. 20). Pursuant to the Court’s Order of Disbursement (Doc. 20), such
payment shall be credited against the final award in this action of $78,475.
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3. The Clerk of this Court is authorized and directed to draw a check on the remaining
funds on deposit in the registry of this Court in the amount of $30,000, plus any accrued interest
thereon less the applicable registry fee, payable to Covington Enterprises, Inc., in full satisfaction
of this Judgment and Order Disbursing Funds (Judgment), and to mail said check to James W.
Fisher, Jr., Esq., 3129 Hawthorn Drive, Clarksville, Tennessee 37043, in full satisfaction of this
Judgment and Order Disbursing Funds (Judgment).
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 November 22, 2017
(Doc. 2), is hereby fully and finally confirmed with respect to the following-described property,
said description being the same as in Attachment 1 to the Declaration of Taking filed herein
(Doc. 2-1):
Permanent easement and right-of-way, consisting of the perpetual right to enter
and to erect, maintain, repair, rebuild, operate, and patrol lines of transmission
line structures with sufficient wires and cables for electric power circuits and
communication circuits, and all necessary appurtenances, including guy wires, in,
on, over, and across said right-of-way, together with the perpetual right to clear
said right-of-way and keep the same clear of structures (including but not limited
to flagpoles, solar panels, buildings, signboards, billboards), trees, brush, stored
personal property, and fire hazards, to destroy or otherwise dispose of such trees
and brush; to prevent the drilling or sinking of wells within the right-of-way; and
to remove, destroy, or otherwise dispose of any trees located beyond the limits of
said right-of-way which in falling could come within five feet of any transmission
line structure or conductor located thereon, the Tennessee Valley Authority to
remain liable for any direct physical damage to the land and annual growing crops
resulting directly from the operations of the construction and maintenance forces
of its agents and employees in the erection and maintenance of or in exercising a
right of ingress and egress to said transmission line structures, all upon, under,
over, and across the following-described land:
TRACT NO. CGKY-13
A strip of land located in the First Civil District of Montgomery County, State of
Tennessee, as shown on a map entitled “Clarksville-Hopkinsville/Montgomery
Substation Loop Tap to St. Bethlehem and Union Carbide Tap to Guthrie, Ky,
Substation,” drawing LW-3504, sheet P3BCA, R.0, a reduced scale copy of which
is attached to the Declaration of Taking filed herein, the said strip being 100 feet
wide, lying 50 feet on each side of the centerline of the transmission line location,
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the centerline of the location and the end boundaries of the strip being more
particularly described as follows:
Commencing at a R/W monument in the north right-of-way of State Highway
238, thence with the right-of-way of said highway S. 36° 15' 55" E., 134.58 feet
to the corner of Knox B. Thomas, III, et ux. (Official Record Book Volume 1459,
page 2094); thence with the said road right-of way N. 36° 18' 43" W., 0.48 feet to
a point; thence N. 53° 00' 05" E., 511.43 feet to a point; thence N. 34° 06' 02" W.,
164.27 feet to a point; thence N. 56° 57' 24" E., 50.01 feet to a point on the
centerline of the location at survey station 115+25.85, and being the Point of
Beginning.
The said strip being bounded on the south end by a railroad right-of-way line;
thence leaving the point of beginning and with the centerline of the location,
N. 34° 06' 02" W., 449.41 feet to a point of intersection on the centerline of the
location at survey station 119+75.26, having State Plane Coordinates of North:
840029.83 and East: 1619744.92; thence N. 08° 32' 17" E., 2,521.09 feet to a
point on the Covington Farms, Incorporated property line (TVA Tract
No. CGKY-14, Deed Book 132, page 549, Todd County, Kentucky), and
being the point of ending on the centerline of the location at survey station
144+96.35. The said strip being bounded on the north by the said property line.
Furthermore, the permanent easement rights include the perpetual right to install,
maintain, and replace guy wires and necessary appurtenances outside the rightof-way for the transmission line structure located at survey station 119+75.26.
The above-described strip of land includes the centerline of the transmission line
location for a net distance of 2,970.50 feet and containing 6.82 acres more or less.
Furthermore, the above-described easement rights are acquired with respect to
such appurtenant right, title and interest as the owner of the above-described land
may have in TVA Tract No. CGKY-12, the adjoining railroad right-of-way, as
shown on the map referenced above.
The coordinates, distances and directions of lines are referred to the Tennessee
4100 Coordinate System, NAD83(2011) Horizontal Datum, NAVD88 Vertical
Datum.
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.
ALETA A. TRAUGER
U.S. District Judge
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We hereby approve and consent
to the entry of this Judgment:
s/Jill E. McCook
Jill E. McCook (TN BAR 033813)
Lane McCarty (TN BAR 028340)
James S. Chase (TN BAR 020578)
TVA GENERAL COUNSEL’S OFFICE
400 West Summit Hill Drive
Knoxville, Tennessee 37902-1401
Telephone
865.632.3485
Email
jemccook@tva.gov
s/James W. Fisher, Jr. (by permission)
James W. Fisher, Jr. (BPR 012412)
3129 Hawthorn Drive
Clarksville, Tennessee 37043
Telephone
615.568.4513
Email jwf4law@aol.com
Attorney for Defendant
Covington Farms, Incorporated
Attorneys for Plaintiff
91736119
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