Free Judgment - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. 192.019 Acres of Land, more or less, located in Yuma County, State of Arizona; Glen G. Curtis, Trustee of Curtis Family Trust; Sam Perricone, Trustee of Amended and Restated Declaration of Revocable Trust of Sam Perricone and Mary Louise Perricone; Earl O. Zion and Esther E. Zion; Yuma County Tax Assessor, Yuma Hospital District No. 1; Yuma County Citrus Pest Control District; Yuma County Pest Abatement District; Yuma County Flood Control District; Farm Credit Services Southwest; Intangible property rights, Yuma Mesa Irrigation and Drainage District; and Unknown Owners, Defendants. This action in eminent domain came on for jury trial before the Honorable Susan R. Bolton on August 15, 2006, and the issues having been duly tried, the Court, being fully advised: IT IS ORDERED, ADJUDGED AND DECREED: United States of America, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

CIV-03-2006-PHX-SRB

JUDGMENT

Case 2:03-cv-02006-SRB

Document 166

Filed 11/01/2006

Page 1 of 4

1

1. That on October 16, 2003, plaintiff, United States of America, filed herein its

2 Complaint in Condemnation, which included the real property described therein and 3 in this proceeding. 4 2. That on October 16, 2003, plaintiff filed in this action a Declaration of Taking,

5 which included the aforesaid property, and deposited in the Registry of the Court the 6 sum of $2,332,982.90 as the estimated compensation; that thereupon title to said 7 property as described in said Declaration of Taking became vested in the plaintiff, 8 United States of America. 9 3. That on April 8, 2004, plaintiff, United States of America, filed its Amended

10 Complaint and Amendment to Declaration of Taking, more particularly describing the 11 interest acquired. 12 4. That on June 21, 2005, Judgment in the amount of $409,513.35 was entered

13 for the Yuma Mesa Irrigation and Drainage District for their interest in the property. 14 5. That all parties interested in the property have been personally or by

15 publication served with notice of this condemnation action. That the property, 16 together with all claimants and parties interested therein, is within the jurisdiction of 17 this Court, which has authority to enter this judgment. 18 6. That defendants, Glen G. Curtis, Trustee of Curtis Family Trust; Sam

19 Perricone, Trustee of Amended an Restated Declaration of Revocable Trust of Sam 20 Perricone and Mary Louise Perricone, were the owners of the property at the time of 21 the taking. 22 7. That on August 15, 2006, a jury of duly qualified persons was selected and

23 empaneled to hear the issue of just compensation and on August 18, 2006, returned 24 its verdict in the amount $4,327,468.80. 25 8. That on April 1, 2004, defendant-landowners withdrew $1,744,030.00 from

26 the Registry of the Court. 27 28
2

Case 2:03-cv-02006-SRB

Document 166

Filed 11/01/2006

Page 2 of 4

1

9. That on October 7, 2005, defendant-landowners withdrew $179,439.55 from

2 the Registry of the Court. 3 10. That the United States shall deposit the deficiency amount of $2,403,999.25,

4 together with interest earned thereon as provided by 40 U.S.C. § 3116, from October 5 16, 2003, to the date of deposit in the Registry of the Court. 6 11. That the sum of $2,403,999.25, plus interest as calculated pursuant to

7 paragraph 10 above, shall be due and payable to: ½ to Cha Cha, L.L.C. and ½ to Sam 8 Perricone, Trustee. 9 12. That the Clerk of the Court shall disburse to defendant-landowners or their

10 representatives, ½ to Cha Cha, L.L.C. and ½ to Sam Perricone, Trustee, the sum of 11 $2,403,999.25, plus interest as calculated pursuant to paragraph 10 above, by making 12 registry checks payable as follows: 13 14 15 Cha Cha, L.L.C. c/o Glen T. Curtis Glen Curtis, Inc. 4400 E. Highway 80 Yuma, Arizona 85365 Sam Perricone, Trustee c/o Glen T. Curtis Glen Curtis, Inc. 4400 E. Highway 80 Yuma, Arizona 85365

16 and sending it by Federal Express. 17 13. That the plaintiff had and has the right to condemn the property, estates and

18 interests described in the Declaration of Taking and Amendment to Declaration of 19 Taking on file herein, for the public uses as set forth, and that title vested in the United 20 States free and discharged of all claims and liens, upon the date of filing of the 21 Declaration of Taking and Amendment to the Declaration of Taking and depositing 22 of estimated just compensation. 23 The Court retains jurisdiction to make and enter such further orders and judgments

24 as may be necessary and proper in the premises. 25 26 27 28
3

Case 2:03-cv-02006-SRB

Document 166

Filed 11/01/2006

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED this 1st day of November, 2006.

RICHARD H. WEARE, DISTRICT COURT EXECUTIVE/CLERK s/Shelly Butout Shelly Butout, Deputy Clerk

4

Case 2:03-cv-02006-SRB

Document 166

Filed 11/01/2006

Page 4 of 4