United States District Court, Southern District of Alabama, Southern Division
ORDER OF FINAL JUDGMENT ADOPTING SETTLEMENT
AGREEMENT, RELEASE, AND STIPULATION OF JUST
V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE
consideration of the Settlement Agreement, Release, and
Stipulation of Just Compensation filed in respect to the
taking of a permanent Restrictive Easement over 0.24 acres of
land at 22750 County Road 36, Summerdale, Baldwin County,
Alabama, as more particularly described in the Amended
Complaint (Doc 36) and Schedule “B” attached
thereto (the subject property); and the Court being satisfied
that the parties have agreed that the just compensation
amount to be paid by plaintiff, the United States of America,
for the taking of said interests, is the sum of $15, 000.00;
that the Defendants, Jaime B. Burkett f/k/a/ Jaime B.
Gebhart, joined by Brian Burkett, her husband and MidFirst
Bank, mortgagee are entitled to the amount stipulated hereto
pursuant to and in accordance with the conditions set forth
ORDERED, ADJUDGED AND DECREED:
1. The United States filed a Complaint in Condemnation (Doc.
1) and Declaration of Taking (Doc. 3) on November 7, 2016, in
the above-captioned case for condemnation of a permanent
restrictive easement over 0.24 acres of property located at
22750 County Road 36, Summerdale, Baldwin County, Alabama,
and more particularly described in the Amended Complaint and
Schedule “B” attached thereto.
2. On November 9, 2016, Plaintiff deposited the amount of $4,
100.00 into the registry of this Court. At that time, title
to the property, to the extent set forth in the Declaration
of Taking, vested in the United States by operation of law.
3. Pursuant to the settlement terms agreed to between the
parties, the United States filed an Amended Complaint in
Condemnation (Doc. 36) on August 2, 2017.
4. The parties have agreed that full and just compensation
payable by the United States for the permanent Restrictive
Easement shall be the sum of $15, 000.00. This sum represents
full and complete compensation for the estate taken, and it
is further agreed that the said sum is in full satisfaction
and release of all claims against the United States for the
taking. Any claims or causes of action that exist or which
hereafter arise between the parties other than just
compensation for the permanent Restrictive Easement or as
provided for in this agreement, are not satisfied, released,
or resolved by this agreement.
5. The parties have agreed that Defendant MidFirst (on behalf
of Defendant Burkett) will make a motion to withdraw the
previously deposited amount of $4, 100.00, plus any accrued
interest, to be payable solely to mortgagee MidFirst Bank,
and that the remaining sum of $10, 900.00 will be sent via
check to MidFirst Bank from the United States. The United
States will use its best efforts to make such payment within
30 days of the execution of the Court order approving this
Settlement Agreement and Stipulation of Just Compensation,
and will make the payment no later than 30 days of such
6. Because this is a settlement of litigation, neither the
entire settlement amount, nor each individual payment, may be
construed as an admission by the United States or Defendants
as to the market value of the interest in the subject
property for any particular year.
7. Defendants Jaime B. Burkett and Brian Burkett warrant that
they are the sole owners of the subject property, while
MidFirst Bank warrants that it is the sole mortgagee of the
subject property. Per the terms of the Defendant's
mortgage, MidFirst Bank has the exclusive right to the
compensation herein, excepting the interests of parties
having liens or encumbrances of record, and unpaid taxes and
8. In the event that any other party is ultimately determined
by a Court of competent jurisdiction to have any right to
receive compensation for the property taken in this case,
Defendants shall refund into the registry of the Court the
compensation distributed herein, or such part thereof as the
Court may direct, with interest thereon at the rate of
52-week Treasury Bills, calculated in accordance with the
provisions of 40 U.S.C. § 3116, from the date of receipt
of the deposit by Defendants to the date of repayment into
the registry of the Court.
9. The parties hereto shall be responsible for their own
legal fees, costs and expenses, including attorneys'
fees, consultants' fees and any other expenses.
10. It is contemplated that this Settlement Agreement,
Release, and Stipulation of Just Compensation may be executed
in several counterparts, with a separate signature page for
each party. All such counterparts and signature pages,
together, shall ...