United States of America v. 18.3 Acres of Land et al

Filing 51

FINAL JUDGMENT in favor of 101 Bar Ranch LLC against United States of America. Signed by Chief Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,
NO: 1:12:CV-3151-RMP
Plaintiff,

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v.
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18.3 ACRES OF LAND, more or less
situate in Klickitat County, State of
Washington,

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Defendant.
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Upon consideration of the Stipulation of Just Compensation executed by the

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United States of America and all defendants herein at ECF No. 49, it is hereby

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ORDERED, ADJUDGED, AND DECREED that:

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Compensation, ECF No. 49, is GRANTED.

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2.

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Declaration of Taking (ECF No. 4), and then deposited $24,500 (“Deposit”) into

The parties’ Stipulated Motion for Settlement and Stipulation of Just

The United States filed its Complaint in Condemnation (ECF No. 1) and

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the Registry of the Court on December 12, 2012 (ECF No. 5). At that time, title to

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the property, as set forth in the Declaration of Taking, vested in the United States.

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located in Klickitat County, Washington, as more particularly described in the

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Declaration of Taking filed herein (“subject property”). The underlying land is

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owned in fee simple by 101 Bar Ranch, LLC.

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4.

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compensation payable by the United States for the taking of the property and

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estates described in the Declaration of Taking filed herein (ECF No. 4), together

The subject property consists of easements over approximately 18.3 acres

In order to settle this condemnation action, the parties agree that the just

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with all improvements thereon and appurtenances thereunto belonging, shall be the

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sum of $130,000 inclusive of interest, attorneys’ fees, and costs. See ECF No. 49,

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Stipulation of Just Compensation.

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5.

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amount of $130,000.

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6.

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No. 1 and the County of Klickitat, Washington, have disclaimed any interest in the

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Property. ECF Nos. 43, 47. As such, these parties are not entitled to any

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distribution of the just compensation to be paid for the taking of the Property.

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compensation, the deficiency amount between this amount and the agreed

Judgment shall be, and is hereby, entered against the United States in the

Two parties initially named in this suit, the Klickitat Public Utility District

As the United States has previously deposited $24,500 as estimated just

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settlement of $130,000 is $105,500. The United States shall pay into the Registry

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of the Court the deficiency amount of $105,500. Should said deposit into the

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Registry not be made within 30 days of the entry of this order of judgment, any

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unpaid portion of the $105,500 deficiency shall accrue statutory interest for each

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day thereafter until deposited.

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satisfaction of any and all claims of whatsoever nature against the United States by

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reason of the institution and prosecution of this action and taking of the said lands

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and all appurtenances thereunto belonging.

The said sum of $130,000 shall be full and just compensation and in full

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charges of whatsoever nature existing against the said property at the time of

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vesting of title thereto in the United States and all such taxes, assessments, liens

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and encumbrances shall be payable and deductible from the said sum.

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10.

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exclusive right to the compensation herein, excepting the interest of parties having

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liens or encumbrances of record and unpaid taxes and assessments, if any, and that

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no other person or entity is entitled to the same or any part thereof. In the event

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that any other party is ultimately determined by a court of competent jurisdiction to

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have any right to receive compensation for the property taken in this case, 101 Bar

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Ranch, LLC, shall refund into the Registry of the Court the compensation

The said sum of $130,000 shall be subject to all liens, encumbrances, and

Defendant 101 Bar Ranch, LLC warrants that on the date of taking, it had

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distributed herein, or such part thereof as the Court may direct, with interest

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thereon calculated in accordance with the provision of 40 U.S.C. § 3116, from the

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date of the receipt of the deposit by Defendant to the date of repayment into the

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Registry of the Court.

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(including attorney fees, consultants’ fees, and any other expenses).

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Court, the Clerk of the Court shall, without further order of this Court, disburse to

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Defendant 101 Bar Ranch, LLC, with check payable to:

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The parties shall be responsible for their own legal fees, costs, and expenses

Upon the United States depositing the deficiency into the Registry of the

Landerholm PS Trust Account for 101 Bar Ranch LLC
at the following address:

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Bradley W. Andersen
Landerholm PS
805 Broadway Street, Suite 100
Vancouver, WA 98666

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all sums on deposit in the Registry of the Court, together with any interest earned
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thereon while on deposit.
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be CLOSED.

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Following disbursement of the above sums to the Defendants, this case shall

This District Court Clerk is directed to enter this order and provide copies to

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counsel and to Financial Specialist Sheri Wohl.

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DATED this 19th day of February 2014.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge

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