United States District Court, M.D. Tennessee, Nashville Division
UNITED STATES OF AMERICA upon the relation and for the use of the TENNESSEE VALLEY AUTHORITY, Plaintiff,
AN EASEMENT AND RIGHT-OF-WAY OVER 3.74 ACRES OF LAND, MORE OR LESS, IN MONTGOMERY COUNTY, TENNESSEE, and J & J PROPERTIES, a Tennessee General Partnership, CUMBERLAND BANK & TRUST, RON SLEIGH, trustee, Defendants.
Chin David D. Ayliffe James S. Chase Steven C. Chin Attorneys
W. Fisher, Jr. Attorney for Defendant J & J Properties, a
Tennessee General Partnership
JUDGMENT AND ORDER DISBURSING FUNDS
TRAUGER UNITED STATES DISTRICT JUDGE
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.
has deposited with the registry of this Court the sum of $42,
575, plus any accrued interest thereon less the applicable
registry fee, the disbursement of which is provided for in
paragraphs 2-3 below.
therefore, ORDERED AND ADJUDGED that:
Defendant J & J, a Tennessee General Partnership, shall
recover of the Plaintiff $42, 575 as full compensation for
the taking of the land herein condemned.
September 4, 2018, the Court disbursed $37, 225 plus all
interest earned, less the registry fee on said interest, by
check made payable to J & J, a Tennessee General
Partnership, and Cumberland Bank & Trust, Ron Sleigh,
Trustee, and mailed to attorney James W. Fisher, Jr. (Doc.
18). Pursuant to the Court's Order of Disbursement
(id.), such payment shall be credited against the
final award in this action of $42, 575.
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 $5, 350, plus any accrued
interest thereon less the applicable registry fee, payable to
J & J, a Tennessee General Partnership, in full
satisfaction of this Judgment and Order Disbursing Funds, and
to mail said check to James W. Fisher, Jr., Esq., 3129
Hawthorn Drive, Clarksville, Tennessee 37043, in full
satisfaction of this Offer of Judgment.
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 December 8, 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
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
TRACT NO. CGKY-6
A parcel of land located in the First Civil District of
Montgomery County, State of Tennessee, as shown on a map
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 parcel being
more particularly described as follows:
Beginning at ¶ 1/2 IP with Cap, a common corner with
R.J. Corman Railroad Company/Memphis Line; thence N. 32°
02' 24'' W., 36 feet to a point; thence S.
57° 05' 44'' W., 38.13 feet to a point in the
center of a creek; thence with the creek N. 56° 51'
46" W., 67.29 feet to a point; thence N. 56° 57'
06" E, 1, 700.17 feet to a point; thence S. 59°
23' 51" E, 106.9 feet to a point; thence S. 54°
43' 51'' W., 54.79 feet to a point; thence S.
57° 25' 14' W., 666.41 feet to a point; thence S.
56° 06' 38'' W., ...