JUDGMENT QUIETING TITLE TO REAL PROPERTY

JOHN A. MENDEZ, District Judge.

In accordance with the Stipulation for Entry Judgment Quieting Title ("Stipulation") between Plaintiff and Counter-Defendant John Jeffery Carter, as Trustee under the Declaration of Trust dated December 28, 1990 ("Plaintiff"), and Defendant and Counterclaimant The Nature Conservancy ("TNC") in the above-captioned Action, and good cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

1. For purposes of this Judgment, the term "Shaw Property" shall mean Plaintiff's real property along the Sacramento River described in the Grant Deed recorded on February 22, 1996 as Instrument Number 96-0838 in the Official Records of Glenn County, California, an accurate copy of which is attached hereto as "Exhibit A" and incorporated herein.

2. For purposes of this Judgment, the term "TNC Easement" shall mean the conservation easement pursuant to the Deed of Conservation Easement recorded on December 30, 1991 as Instrument Number 91-6320 in the Official Records of Glenn County, California, an accurate copy of which is attached hereto as "Exhibit B" and incorporated herein.

3. For purposes of this Judgment, "Conservation Easement Property" shall mean that portion of the Shaw Property affected by the TNC Easement.

4. This Judgment establishes that, notwithstanding any contrary interpretation of the TNC Easement, the easterly boundary of the Conservation Easement Property coincides with the easterly boundary of the Shaw Property along the Sacramento River. TNC's title under the TNC Easement is quieted to that easterly boundary. This Judgment establishes only the location of the easterly boundary of the Conservation Easement Property as specified herein, and the TNC Easement otherwise remains in full force and effect as originally written.

5. Neither this Judgment nor the Parties' settlement pursuant to the Stipulation constitute a waiver or relinquishment of any of the Parties' rights under the TNC Easement, and TNC reserves all rights to comment on, object to, challenge in any public or private forum, administrative process or tribunal, or in court proceedings, or otherwise comment on any current or future proposed project or activity that may affect the TNC Easement.

6. Under 28 U.S.C. § 1332, the Court has jurisdiction over the Action and shall retain such jurisdiction to enforce this Judgment.

7. There is no prevailing party in this Action, and no award for attorney's fees or costs shall be entered in this Action pursuant to this Judgment, except that this Court may enter awards for attorney's fees and/or costs in subsequent proceedings, if any, to enforce the terms of this Judgment in accordance with the terms of the Stipulation.

8. This Court retains jurisdiction over this Action to enforce the terms of this Judgment. To avoid doubt, this Judgment applies to and is binding upon the Shaw Trust, John Jeffrey Carter, as Trustee under Declaration of Trust dated December 28, 1990, The Nature Conservancy, and their respective heirs, successors, affiliates, and assigns.

9. The Court expressly finds and determines that the terms of this Judgment and the Parties' settlement pursuant to the Stipulation are fair, reasonable, and in the public interest.

10. This Judgment constitutes a final judgment as to all claims and counterclaims asserted in this Action.