United States of America et al v. 320 Acres of Land, More of Less, Situate in San Bernardino County, State of California et al, No. 5:2015cv01671 - Document 27 (C.D. Cal. 2016)
Court Description: FINAL JUDGMENT by Judge George H. Wu, Related to: Stipulation for Settlement 25 . (See document for specifics) (MD JS-6, Case Terminated). (mrgo)
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United States of America et al v. 320 Acres of Land, More of Less, S...ty, State of California et al Doc. 27 JS-6 1 2 3 4 5 6 7 8 9 EILEEN M. DECKER United States Attorney DOROTHY M. SCHOUTEN Assistant United States Attorney Chief, Civil Division ROBYN-MARIE LYON MONTELEONE Assistant United States Attorney Chief, General Civil Section JONATHAN B. KLINCK (CBN 119926) Assistant United States Attorney Federal Building, Suite 7516 300 North Los Angeles Street Los Angeles, California 90012 Telephone: (213) 894-8561 Facsimile: (213) 894-7819 E-mail: jon.klinck@usdoj.gov Attorneys for Plaintiff United States of America 10 11 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WESTERN DIVISION UNITED STATES OF AMERICA, No. EDCV 15-01671 GW (KKx) Plaintiff, v. 320.00 ACRES OF LAND, MORE OR LESS, SITUATE IN SAN BERNARDINO COUNTY, STATE OF CALIFORNIA; HEIRS OF DORIS WELLES CURTIS; ALDEN CURTIS JACOBUS; BRUCE ALDRON JACOBUS; JEANNIE D. WELLES BETTCHER, TRUSTEE OF FINAL JUDGMENT THE REVOCABLE TRUST AGREEMENT OF THOMAS E. WELLES; ALDEN CURTIS JACOBUS; BRUCE WALDRON JACOBUS; JEANIE D. WELLES BETTCHER,TRUSTEE OF THE REVOCABLE TRUST AGREEMENT OF THOMAS E.WELLES; JEANIE D. BETTCHER aka JEANIE D. WELLES BETTCHER; BERTHOD BETTCHER; HAROLD L. MAJOR aka HAL MAJOR; KATE DICKERSON MAJOR; HEIRS OF CAROLYN LURTON BELL; HEIRS OF HARRIET LURTON MAJOR; PATRICIA C. GOODGAME aka PATRICIA GOODGAME BABB; OREN WYATT The Honorable George H. Wu BABB; MARGARET C. 1 Dockets.Justia.com 1 GIESENSCHLAG; CLYDE ALLEN GIESENSCHLAG; SHIRLEY WELLES 2 RITCHIE aka SHIRLEY RITCHIE; JENNIFER SEXTON O’NEILL LANE 3 aka JENNIFER LANE MORGAN; MICHAEL FRANCES MORGAN; 4 JANICE A. CORY; MICHAEL JOSEPH CORY; JENNIFER WELLS LANE; 5 SUSANNAH LANE aka SUSANNAH LANE-SULLIVAN; ERIC STEVEN 6 SULLIVAN; and SAN BERNARDINO COUNTY TAX COLLECTOR, et al., 7 Defendants. 8 9 Based on the filed Stipulation of Settlement, Stipulation of Just Compensation and 10 Request For Entry of Final Judgment (“Stipulation”) entered into between Plaintiff 11 United States and defendants Randall Bell III, Harold Major as the Trustee of the Harriet 12 Ann Major Irrevocable Trust, Elizabeth Ann Welles, Bruce Jacobus, Jeanie Darlene 13 Bettcher as Trustee of the TE Welles Trust, Jeannie Darlene Bettcher as an individual, 14 Janice Arline Cory, Patricia Babb, Alden Jacobus, Margaret Giesenschlag, Jennifer 15 Morgan, Jennifer Welles Lane, Susannah Sullivan and Shirley Ritchie (“collectively 16 “Owners”), and good cause appearing therefor, 17 IT IS ORDERED, ADJUDGED AND DECREED that: 18 1. Plaintiff shall and hereby does have the fee interest in approximately 320.00 19 acres of real property in San Bernardino County, California, which is legally described 20 as: The North one-half of Section 36, Township 11 North, Range 3 East, San 21 Bernardino Meridian, in the County of San Bernardino, State of California, according to 22 the Official Plat thereof (“Subject Property”), as stated in the Declaration of Taking filed 23 herein (Dkt. #11). The Subject Property is also known as San Bernardino County 24 Assessor’s Parcel Number 0540-161-04-0000, containing 320.00 acres, more or less. 25 The United States will take title to the Subject Property in fee simple, which title, 26 however, is subject to existing easements for public roads and highways, public utilities, 27 railroads, pipelines, and to the right of the people to fish upon the Subject Property as 28 reserved in the Patent from the State of California. 2 2. 1 The total just compensation payable by the United States to the Owners for 2 the taking of the Subject Property, together with all improvements thereon and 3 appurtenances thereunto belonging, in fee simple, shall be the sum of Two Hundred and 4 Seven Thousand Dollars and No Cents ($207,000.00), inclusive of interest, attorneys’ 5 fees, costs and any outstanding taxes (“Deposit”). 3. 6 The proportionate interests of the Owners and the amounts payable to each 7 of them from the Deposit are as follows: 8 Owner’s Name 9 A. Randall Bell III Percentage Interest Amount 25.00% $51,750.00 10 B. Harold Major as Trustee 11 of the Harriet Ann Major 12 Irrevocable Trust 25.00 % $51,750.00 13 C. Elizabeth Ann Welles 12.50% $25,875.00 14 D. Bruce Jacobus 12.50% $25,875.00 15 E. Jeanie Darlene Bettcher 12.50% $25,875.00 Trustee of the TE Welles Trust 16 17 F. Jeannie Darlene Bettcher 1.38889% $2,875.00 18 G. Janice Arline Cory 1.38889% $2,875.00 19 H. Patricia Babb 1.38889% $2,875.00 20 I. Alden Jacobus 1.38889% $2,875.00 21 J. 1.38889% $2,875.00 22 K. Jennifer Morgan 1.38889% $2,875.00 23 L. Jennifer Welles Lane 1.38889% $2,875.00 24 M. Susannah Sullivan 1.38889% $2,875.00 25 N. Shirley Ritchie 1.38889% $2,875.00 26 TOTAL 100% $207,000,000 27 4. 28 Margaret Giesenschlag The United States filed a Complaint in Condemnation on August 18, 2015 (Dkt. #1), filed the Declaration of Taking on August 31 2015 (Dkt. #11), and deposited 3 1 the Deposit with the Clerk of Court on August 19, 2015 (Dkt. #6). Upon making the 2 Deposit into the Registry of the Court, fee title to the Subject Property, as set forth in the 3 Declaration of Taking, vested in the United States. 5. 4 The Deposit shall be full and just compensation and in full satisfaction of 5 any and all claims of whatsoever nature against the United States by reason of the 6 institution and prosecution of this action and taking of the Subject Property and all 7 appurtenances thereunto belonging in fee simple 6. 8 9 The Deposit shall be subject to all liens, encumbrances, and charges of whatsoever nature existing against the Subject Property at the time of vesting of title 10 thereto in the United States and all such taxes, assessments, liens and encumbrances shall 11 be payable by the Owners. 7. 12 The Owners warrant that on the date of taking they had exclusive right to 13 their proportional interest in the Deposit, excepting the interest of parties having liens or 14 encumbrances of record and unpaid taxes and assessments, if any. The Owners further 15 warrant that no other person or entity is entitled to the receive compensation for the 16 Subject Property other than those listed in paragraph 2 above. In the event that any other 17 person or entity is ultimately determined by a court of competent jurisdiction to have any 18 right to receive compensation for the Subject Property, the Owners shall refund into the 19 Registry of the Court the compensation distributed herein, or such part thereof as the 20 Court may direct, with interest thereon calculated in accordance with the provision of 40 21 U.S.C. § 3116, from the date of the receipt of the deposit by the Owners to the date of 22 their repayment into the Registry of the Court. 8. 23 24 The parties shall be responsible for their own legal fees, costs, and expenses (including attorneys’ fees, consultants’ fees, and any other expenses). 9. 25 Upon the entry of the Final Judgment, the parties may seek immediate 26 distribution of the Deposit, together with any interest earned thereon while on deposit, if 27 any. 28 4 1 10. The Owners shall save and hold harmless the United States of America 2 from all claims or liability resulting from any unrecorded liens, leases or agreements 3 affecting the Property on the date of taking. 4 5 DATED: October 3, 2016 6 __________________________________ GEORGE H. WU, U.S. DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 Respectfully submitted, 17 18 19 20 21 22 EILEEN M. DECKER United States Attorney DOROTHY M. SCHOUTEN Assistant United States Attorney Chief, Civil Division ROBYN-MARIE LYON MONTELEONE Assistant United States Attorney Chief, General Civil Section, Civil Division 23 24 25 26 27 /s/ JONATHAN B. KLINCK Assistant United States Attorney Attorneys for Plaintiff United States of America 28 5
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