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`ARKANSAS STATE HIGHWAY COMMISSION
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`PLAINTIFF
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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 0R
`LESS, IN BENTON COUNTY, AND ANY PERSONS
`OR ENTITIES CLAIMING AN INTEREST THEREIN
`
`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 09373, 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 ofthe 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 01d 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
`along said right of way line a distance of 186.15 feet to a point; thence South 00°02’38”
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`to the POINT OF
`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°23’3 9” 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 8-4-14; 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 $5,500.00 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 Court finds that, based
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`upon the fact that no other claimants have appeared or claimed any interest herein, such
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`claims, if any there be, should be, and are hereby, cut off and otherwise subordinated for
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`all purposes to the superior claim of Defendants. As a result, this matter is ripe for
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`determination between Plaintiff and Defendants and that such determination will
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`determine the rights of all rightful claimants in these premises.
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`The Court finds that Defendants Lisa Shawn Richard Cheney and Teri L. Cheney
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`are 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 Lisa Ann Blount and Jimmy D. Blount have agreed that
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`the sum of $5,500.00 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 ofjust
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`compensation. The Plaintiff will deposit an additional $3,300.00 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 he, 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 $5,500.00 without 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 $3,300.00, the Clerk is hereby ordered to issue a check in
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`the amount of $5,500.00 made payable to Shawn Richard Cheney and Teri L. Cheney
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`and sent to them at 5 369 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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`the amount of $7300.90 made payable. to Shawn Richard Cheney‘and, Teri L. Cheney
`and sent to them at 5369 MacDoneid Read, Weodbridge, VA 22193.
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`(e) That Defendants Shawn Richard Cheney and Ten L. Cheney are responsible
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`for ad valorem taxes 0n their property condemned inthis action for the tax years through
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`201.5.
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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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`beforedesignated in the Complaint and Declaration ofTaking is hereby confirmed.
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` CIRCUIT Jimenég
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`DATE:
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`APPROVED AS TO FORM AND CONTENT:
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`MarkUrge;#2007285
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`PO. BOX 2261
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`Little Rock, AR 72203-2261
`501.5692 165
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`Attorney for Plaintifl" Arkansas State Highway Commission
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`
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`
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`Shawn Cheney
`5369 Mac'Donaid'Road '
`‘ Woodbztidge, VA 22193
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