United States District Court, N.D. California
December 8, 2005.
ROUND VALLEY INDIAN TRIBES, Plaintiff,
GARY McKAY and CATHLEEN McKAY DOES 1-10, Defendants.
The opinion of the court was delivered by: JEFFREY WHITE, District Judge
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,
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
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
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
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 equipment if
inclement weather requires.
5. No fixtures shall be removed from the property. The McKays
shall be entitled to remove all ranch supplies, ranch equipment
and personal property.
6. This Court shall retain jurisdiction to enforce the
stipulated settlement agreement.
7. In the event there is a breach of the stipulated settlement
agreement, the aggrieved party may request attorney fees,
sanctions and damages in addition to any other remedy available.
8. Plaintiff agrees to use best efforts to notify tribal
members seeking access to their traditional hunting and fishing areas, to telephone the
defendants and request access to the easement. Defendants shall
use best efforts to comply with said requests.
All parties agree to be bound by this stipulated settlement
agreement and all parties shall bear their own costs and fees. IT IS SO ORDERED.
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