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`IN THE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS
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`ARKANSAS STATE HIGHWAY COMMISSION
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`VS
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`NO 2015-1062-2
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`SHAWN RICHARD CHENEY; TERI L. CHENEY;
`MORTGAGE ELECTRONIC REGISTRATION
`SYSTEMS, INC, MORTGAGEE; GLENN (BEAR)
`CHANEY, IN HIS OFFICIAL CAPACITY AS
`BENTON COUNTY TAX ASSESSOR; GLORIA
`SPRING PETERSON, IN HER OFFICIAL CAPACITY
`As BENTON COUNTY TAX COLLECTOR;
`CERTAIN LANDS BEING 0.11 ACRE, MORE OR
`LESS, IN BENTON COUNTY, AND ANY PERSONS
`OR ENTITIES CLAIMING AN INTEREST THEREIN
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`DEFENDANTS
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`AMENDED CONSENT JUDGMENT
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`On this day comes for hearing the cause of the Arkansas State Highway
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`Commission, Plaintiff, vs. Shawn Richard Cheney and Teri L. Cheney, et al., Defendants,
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`on the amount of compensation to be awarded to Defendants for the taking Of 0.11 acre
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`of land, more or less, and any other interest Defendants had which was condemned and
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`previously identified herein as part of Tract 38, Job Number 090373, said lands being
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`located in Benton County, Arkansas, and described in the Complaint and Declaration of
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`Taking as follows:
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`TRACT NO. 38:
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`Part of the fractional Northwest Quarter of the Northwest Quarter of Section 7, Township
`18 North, Range 29 West, Benton County, Arkansas, more particularly described as
`follows:
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`Commencing at a point being used as the Section Corner of Sections 6 and 7; thence
`South 88°07’38” East along the North line of the fractional Northwest Quarter of the
`Northwest Quarter of Section 7 a distance of 624.07 feet to a point;
`thence South
`02°46’00” East a distance of 50.85 feet to a point on the Easterly right of way line of
`South Old Wire Road as established by the Plat of Bloomington Subdivision, Phase I
`recorded in Plat Record 18, Page 196; thence continue South 04°01’56” East along said _
`right of way line a distance of 245.69 feet to a point; thence South 03°59’24” East along
`said right of way line a distance of 86.79 feet to a point; thence South 01°42’52” East
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`along said right of way line a distance of 186.15 feet to a point; thence South 00°02’38”
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`0000i 30164756“;
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`to the POINT OF
`b West along said right of way line a distance of 358.19 feet
`BEGINNING; thence South 87°50’53” East a distance of 18.17 feet to a point on the
`Easterly right of way line of Arkansas State Highway 265 (Old Wire Road) as established
`by AHTD Job 090373; thence South 00°53’34” West along said right of way line a
`distance of 164.68 feet to a point; thence South 02°02’05” East along said right of way
`line a distance of 27.43 feet to a point; thence North 87°23’39” West a distance of 25.78
`feet to a point on the Easterly right of way line of South Old Wire Road as established by
`AHTD Job 3-4-14; thence North 00°00'03” West along said right of way line a distance
`of 191.93 feet to a point; thence South 87°50’53” East along said right of way line a
`distance of 9.19 feet to the point of beginning and containing 0.11 acres more or less as
`shown on plans prepared by the AHTD referenced as Job 090373.
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`The Court finds that the Defendants are the legal owners or interest holders of the
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`lands described and condemned herein on July 23, 2015.
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`The Court finds that the Clerk of this Court issued Summons directed toward
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`Defendants on July 23, 2015. Defendants were served in the time and manner provided
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`by law. Additionally, a warning order of this action was published in the Benton County
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`Daily Record on August 1 and 8, 2015.
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`Plaintiff deposited $2,200.00 in the Registry of the Court as just compensation.
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`That amount has not been withdrawn by Defendants Shawn Richard Cheney and Teri L.
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`Cheney. The Defendants has offered to consent to judgment for $7,700.00 as just
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`compensation in this matter.
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`Mortgage Electronic Registration Systems, Inc. was served but did not file an
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`Answer, and thus, it should be dismissed from this action. The Benton Tax Collector and
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`Benton Tax Assessor appeared but only requested compensation for any property taxes
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`owing or due on the property. The Court finds that there are no property taxes owing or
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`due on this property. As such, the Benton County Tax Assessor and Collector do not
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`have any interest in the proceeds. The Court further finds that, based upon the fact that
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`no other claimants have appeared or claimed any interest herein, such claims, if any there
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`, be, should be, and are hereby, cut off and otherwise subordinated for all purposes to the
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`superior claim of Defendants ShaWn Richard Cheney and Terri L. Cheney. As a result,
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`this matter is ripe for determination between Plaintiff and Defendants Shawn Richard
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`Cheney and Teri L. Cheney and that such determination will determine the rights of all
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`rightful claimants in these premises.
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`The Court finds that Defendants Shawn Richard Cheney and Teri L. Cheney are
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`the owners of the property condemned in this action. As such, they are entitled to the
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`amount of compensation agreed to and awarded herein
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`Plaintiff and Defendants Shawn Richard Cheney and Teri L. Cheney have agreed
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`that the sum of $7,700.00 constitutes just compensation for the taking of Tract 38. The
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`Plaintiff previously deposited with the clerk of the court $2,200.00 as its estimate of just
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`compensation. The Plaintiff will deposit an additional $5,500.00 with the Circuit Clerk
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`upon the execution of this order.
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`IT IS THEREFORE CONSIDERED, ORDERED, AND ADJUDGED:
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`(a) That based upon the fact that no other claimants have appeared or claimed
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`any interest herein, such claims, if any there be, should be, and are hereby, cut off and
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`otherwise subordinated for all purposes to the superior claim of Defendants.
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`(b) That Defendants Shawn Richard Cheney and Teri L. Cheney have and recover
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`of and from Plaintiff judgment in the amount of $7,700.00 without
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`interest as just
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`compensation for the taking of the fee title to the land described as Tract 38.
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`(d) Plaintiff is given credit for $2,200.00 previously deposited into the Registry
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`of the Court as an estimate ofjust compensation for the subject property. After Plaintiff
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`deposits the additional sum of $5,500.00, the Clerk is hereby ordered to issue a check in
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`the amount of $7,700.00 made payable to Shawn Richard Cheney and Teri L. Cheney
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`and sent to them at 5369 MacDonald Road, Woodbridge, VA 22193.
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`(e) That Defendants Shawn Richard Cheney and Teri L. Cheney are responsible
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`for ad valorem taxes on their property condemned in this action for the tax years through
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`2015.
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`(i) That upon the filing of this Consent Judgment and issuance of said check,
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`such payment shall constitute full and final satisfaction of the judgment granted herein.
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`IT IS FURTHER CONSIDERED, ORDERED, AND ADJUDGED that
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`the
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`vesting in the Plaintiff of fee simple interest in the Tract 38 described above and herein
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`before designated in the Complaint and Declaration ofTakz‘ng is hereby
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`nfirmed.
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` CIRCUIT JUDG fmg ”6,7
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`DATE:
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`APPROVED AS TO FORM AND CONTENT:
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` Mark Ume
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`#2007285
`PO. Box 2261
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`Little Rock, AR 72203«226i
`501.569.2165
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`Attorney for Plaintiff Arkansas State Highway Commission
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`Shawn Cheney
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`5369 MacDonald Road
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`Woodbridge, VA 22193
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