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ROUND VALLEY INDIAN TRIBES v. McKAY

December 8, 2005.

ROUND VALLEY INDIAN TRIBES, Plaintiff,
v.
GARY McKAY and CATHLEEN McKAY DOES 1-10, Defendants.



The opinion of the court was delivered by: JEFFREY WHITE, District Judge

STIPULATED DISMISSAL

IT IS HEREBY STIPULATED by and between the parties to this action, through their designated counsel, and pursuant to the terms agreed to between the parties at the Settlement Conference held on October 4, 2005, before Magistrate Judge Nandor S. Vadas, that the above-captioned action be and hereby is dismissed pursuant to FRCP 41(a)(1). The terms as stipulated to in the Settlement Conference are as set forth below:

  1. Plaintiff, Round Valley Indian Tribes, agrees to purchase and the defendants, Gary and Cathleen McKay, agree to sell the real property commonly known as the McKay Ranch, 93900 Mina Road, Covelo, California.

  2. The sale price shall be determined as follows:
a. The plaintiff will retain an appraiser.
  b. The defendants will retain an appraiser. c. The two independent appraisers will choose a third appraiser.

  d. In the event the two appraisers can not ascertain or determine a third appraiser, plaintiff and defendants will each submit an additional appraiser's name to Magistrate Judge Vadas and he will determine the final appraiser.

  e. All appraisals will be completed by March 15, 2006. In the event any of the three appraisers require additional time to complete the appraisal and the report, they may request a 30 to 60-day extension.

  f. If two methods of appraisal are used by an individual appraiser, that appraiser will average the figures used from those two methods, and that averaged figure will be used as the final appraisal amount.

  g. The appraisals will include values for timber and water on the property.

  h. All supplies, equipment, and personal property will be excluded from the appraisal.

  i. No tribal member or family member may serve as an appraiser.

  j. The purchase price for the property will be the middle appraisal with a four percent (4%) premium.

  k. All money is due in escrow on April 15, 2006 and escrow will close on April 15, 2006.

  3. Defendants will remove all supplies, equipment and personal property by April 15, 2006.

  4. Plaintiff agrees to allow defendants an additional thirty (30) days, or May 15, 2006, to remove any heavy ...


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