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Home My WebLink About20121873.tiff ELD COUNTY (QM!".!SSIONERS 1712 JUL 13 P 1: 04 DISTRICT COURT, WELD COUNTY, COLORADO RECEVED 901 9`h Ave Greeley, CO 80631 DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Petitioner, v. READY MIXED CONCRE I'E COMPANY, a Colorado corporation; WELD COUNTY, COLORADO; KERR-MCGEE GATHERING LLC, a Colorado limited liability company; DCP MIDSTREAM, LP, a Delaware limited partnership; NOBLE ENERGY, INC., a Delaware corporation; JOHN LEFEBVRE, as Treasurer of Weld County Respondents. S COURT USE ONLY s JOHN W. SUTHERS, Attorney General Case No.: C4 V jJ S GREGG E. CARSON, Senior Assistant Attorney (2�/- General* ROBERT C. HUSS, Assistant Attorney General* Div.: 1525 Sherman Street, 7`h Floor Denver, CO 80203 (303) 866-5129 Gregg.carson(&,state.co.us Rob.huss@state.co.us Registration Number: 25460, 38388 *Counsel of Record SUMMONS IN CONDEMNATION THE PEOPLE OF THE STATE OF COLORADO: To the above-named respondents, GREETINGS: C-Dvsn`MVm u,,Vian CC . LI TQ 2012-1873 -1-1 -13 "7- i7-lc�l You are hereby informed that this is a special statutory proceeding brought pursuant to §§ 38-1-101 through 121, C.R.S. This summons is being issued pursuant to § 38-1-103, C.R.S. Any objections concerning the legal sufficiency of the petition in condemnation or the regularity of this proceeding must be raised by you as provided by § 38-1-109, C.R.S. A valuation trial will be scheduled. If you fail to appear and defend at said valuation trial, the Court, without further notice, shall cause the compensation to be determined and title vested in the petitioner according to law. Section 38-1-103, C.R.S. If this summons does not contain the docket number of the civil action, then the petition may not now be on file with the Clerk of the Court. The petition must be filed within 10 days after the summons is served, or the court will be without jurisdiction to proceed further and the action will be deemed dismissed without prejudice and without further notice. Information from the court concerning this civil action may not be available until 10 days after the summons is served. This is an action in eminent domain as set forth in the Petition in Condemnation, a copy of which is attached hereto and made a part hereof. A copy of the Civil Action Cover Sheet is also served with this Summons in Condemnation and Petition in Condemnation. DATED this 9th day of July, 2012 JOHN W. SUTHERS Attorney General /S Gregg E. Carson GREGG ' . ARSON, #25460 Senior Assistant Attorney General* ROBERT C. HUSS, #38388 Assistant Attorney General* Transportation Unit Litigation & Employment Section Attorney for Department of Transportation, State of Colorado *Counsel of Record 2 Address of Petitioner: 4201 E. Arkansas Avenue Denver, CO 80222 3 DISTRICT COURT, WELD COUNTY, COLORADO 901 9`h Ave Greeley, CO 80631 DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Petitioner, v. READY MIXED CONCRETE COMPANY, a Colorado corporation; WELD COUNTY, COLORADO; KERR-MCGEE GATHERING LLC, a Colorado limited liability company; DCP MIDSTREAM, LP, a Delaware limited partnership; NOBLE ENERGY, INC., a Delaware corporation; JOHN LEFEBVRE, as Treasurer of Weld County Respondents. a COURT USE ONLY S JOHN W. SUTHERS, Attorney General ? f GREGG E. CARSON, Senior Assistant Attorney Case No.: i�/ ( �5 } General* ROBERT C. HUSS, Assistant Attorney General* Div.: 1525 Sherman Street, 7th Floor Denver, CO 80203 (303) 866-5129 Gregg.carson(&,state.co.us Rob.huss@state.co.us Registration Number: 25460, 38388 *Counsel of Record PETITION IN CONDEMNATION PETITIONER, the Department of Transportation, State of Colorado, by and through its attorney, John W. Suthers, Colorado Attorney General, hereby alleges and avers as follows: 1. This is an eminent domain proceeding authorized by the provisions of Title 43, Article 1, Colorado Revised Statutes; and Title 38, Article 1, Colorado Revised Statutes. Eminent domain proceedings are expedited proceedings by virtue of§ 38-1-119, C.R.S., therefore the provisions of C.R.C.P. 16 and 26 do not fully apply. 2. The Transportation Commission has determined that the improvement of a portion of State Highway No. 66 is necessary in the public interest, and has allocated funds therefor. It is,therefore, necessary that petitioner acquire the hereinafter-described interests in real property for the construction of said highway improvements. 3. The property referred to herein, Parcel No. RW-17 is located in the county in which this action is brought, and is fully described in Exhibit "A," attached hereto and incorporated herein by reference. 4. Said property shall be exempt from taxation the date that petitioner is granted possession thereof so long as it is used for state highway or other public purposes pursuant to §§ 43-1-204 and 43-1-214, C.R.S. 5. Petitioner requires possession of the property, which is the subject of this action as soon as reasonably possible in order to proceed with the construction of the highway improvements. 6. Petitioner is informed and believes that the property described in Exhibit "A" may be owned of record by Ready Mixed Concrete Company by virtue of a Special Warranty Deed recorded on September 29, 2004 at Reception No. 3223148 of the records of the Clerk and Recorder of Weld County. Ready Mixed Concrete Company may also has an interest as represented by a document entitled Ready Mixed Concrete Company Nix Sand and Gravel Minge Use by Special Review#1343 Plat Recording recorded on October 4, 2066 at Reception No. 3424912. 7. Weld County, Colorado may have an interest in the subject property virtue of document regarding right of way and rights incidental thereto for County Road recorded on October 14, 1889 in Book 86 at Page 273 of the records of the Clerk and Recorder of Weld County. 8. Kerr-McGee Gathering LLC as successor in interest to Panhandle Eastern Pipe Line Company may have an interest in the subject property by virtue of a Right-Of-Way Grant recorded on October 4, 1973 at Reception No. 1622536 and a Right-Of-Way Grant recorded on July 18, 1977 at Reception No. 1724789 of the records of the Clerk and Recorder of Weld County. 9. DCP Midstream, LP, as successor in interest to Colorado Interstate Gas Company may have an interest in the subject property by virtue of an Easement and Right of Way 2 Agreement recorded on June 21, 1977 at Reception No. 1722393 of the records of the Clerk and Recorder of Weld County. 10. DCP Midstream, LP, as successor in interest to Duke Energy Field Services Assets, LLC, may have an interest in the subject property by virtue of a Pipeline Right-Of-Way Grant recorded on October 5, 2000 at Reception No. 2798193 of the records of the Clerk and Recorder of Weld County. 11.Noble Energy, Inc., as successor in interest to Patina Oil & Gas Corporation may have an interest in the subject property by virtue of a Surface Use Agreement evidence by a Memorandum of Agreement recorded on August 18, 2003 at Reception No. 3096653 of the records of the Clerk and Recorder of Weld County. 12. The treasurer of the county in which the property to be acquired is located is joined as a respondent herein pursuant to § 39-3-134, C.R.S. 13. Insofar as is known to petitioner, there are no persons interested in the subject property, as owners or otherwise, who have not been named as respondents herein. 14. Although the parties have negotiated, they have been unable to agree upon the compensation to be paid for the land to be taken or damaged herein. 15. Respondents have the duty to take such reasonable steps under the circumstances as will minimize their damages, if any. Any damages resulting from a failure to take such reasonable steps cannot be recovered. WHEREFORE, petitioner prays: 1. That the compensation to be paid respondents be determined in the manner provided by law. 2. That the Court determine the proper deposit to be made by the petitioner with the Court for the taking of possession of the property involved herein, and, to enter an order authorizing the petitioner, and its or their contractors, agents, servants, and employees to enter into, take and retain possession of said property, together with the right to make cuts and fills thereon and to take and use therefrom any and all earth, stone, gravel and timber for construction and maintenance purposes during the pendency of this proceeding, without interference from the respondents, or any of them, or their successors, assigns, heirs, devisees, personal representatives, guests, or invitees, or any person or persons claiming, by, through and under said respondents, or any of them. 3 3. That the subject property shall be exempt from taxation so long as it is used for state highway or other public purposes. 4. That, if the ownerships or interest in the subject property be not herein correctly set forth, the named respondents be required to set forth by answer the extent of his, her, its, or their respective interests and the names of any other interested persons and the nature and extent of their interests. 5. That the petitioner have judgment condemning the property described in Exhibit "A" hereof for use as a portion of the highway, all as more particularly set forth hereinbefore, upon payment of compensation to the respondents or other parties in interest as provided by law, and for a rule and order conveying said property to the petitioner. 6. For such other and further relief as to the Court seems just and proper. DATED this 9th day of July, 2012 4 • JOHN W. SUTHERS Attorney General /S Gregg Li Carson ( C._ ArAns,N,._ GREGG u(¢ARSON, #25460 Senior Assistant Attorney General* ROBERT C. HUSS, #38388 Assistant Attorney General* Transportation Unit Litigation & Employment Section Attorney for Department of Transportation, State of Colorado *Counsel of Record Address of Petitioner: 4201 E. Arkansas Avenue Denver, CO 80222 Pursuant to C.R.C.P. 121, §1-26(9), the original of this document with original signatures will be maintained in the offices of the Colorado Attorney General, 1525 Sherman Street, Seventh Floor, Denver, CO 80203, and will be made available for inspection by other parties or the Court upon request. 5 EXHIBIT"A" PROJECT CODE: 18225 PROJECT NUMBER: STA 066A-001 PARCEL NUMBER: RW-17 DATE: DECEMBER 21,2011 DESCRIPTION A tract or parcel of land No. RW-17 of the Department of Transportation, State of Colorado,Project Code 18225, Project No. STA 066A-001, containing 83,860 sq. ft. (1.925 acres), more or less, in the NE %. of Section 28,Township 3 North, Range 67 West,of the 6th Principal Meridian, Weld County,Colorado, being comprised of a portion of a parcel of land recorded at Weld County clerk and recorders office at Rec.No. 3223148, said tract or parcel being more particularly described as follows: Commencing at the northeast corner of said Section 28, thence S. 11°17'18"W.,a distance of 142.75 feet,to a point on the westerly right of way line of Weld County Road 19(December 2011), said point also being the TRUE POINT OF BEGINNING; 1.Thence N.42°51'38"W.,a distance of 95.54 feet; 2.Thence N. 89°58'19" W.,a distance of 1,899.93 feet; 3.Thence S. 88°06'29" W.,a distance of 596.89 feet; 4.Thence N. 00°01'41"E., a distance of 50.00 feet to a point on the southerly right of way line of State Highway 66(December 2011); 5.Thence S. 89°58'19"E., along said southerly right of way line, a distance of 2,512.04 feet; 6.Thence S.45°22'34"E., along said southerly right of way line, a distance of 68.35 feet to a point on said westerly right of way line; 7.Thence S. 00°50'37" E., along said westerly right of way line, a distance of 52.02 feet,more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 83,860 sq. ft. (1.925 acres), more or less. Basis of Bearings:All bearings are based on a line between Control Point"CP 4701"(NGS Brass Cap in concrete post stamped"B 330", MP 47.01) Section 21, Township 3 North, Range 67 West,of the 6th Principal Meridian&the Control Point"CP 4685"(CDOT Type II Monument, MP 46.85)Section 29, Township 3 North, Range 67 West of the 6th Principal Meridian, as bearing S. 84°09'48"W., a distance of 874.51 feet. 1jelN. ' Darren P. Shanks, PLS 438193 M R For and on behalf of the � ! J111,1X .1Colorado Department of Transportation ; ° 38193 Region 4, 1420 2"d Street • : o Greeley,CO 80631 ` 17 .;. NAIL t.MA0 • DISTRICT COURT, WELD COUNTY, COLORADO 901 9th Ave Greeley, CO 80631 DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Petitioner, v. READY MIXED CONCRETE COMPANY, a Colorado corporation; WELD COUNTY, COLORADO; KERR-MCGEE GATHERING LLC, a Colorado limited liability company; DCP MIDSTREAM, LP, a Delaware limited partnership; NOBLE ENERGY, INC., a Delaware corporation; JOHN LEFEBVRE, as Treasurer of Weld County Respondents. a COURT USE ONLY S JOHN W. SUTHERS, Attorney General GREGG E. CARSON, Senior Assistant Attorney Case No.: General* ROBERT C. HUSS, Assistant Attorney General* Div.: 1525 Sherman Street, 7`h Floor Denver, CO 80203 (303) 866-5129 Gregg.carson@state.co.us Rob.huss@state.co.us Registration Number: 25460, 38388 *Counsel of Record DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT, COUNTERCLAIM, CROSS-CLAIM OR THIRD PARTY COMPLAINT 1 • 1. This cover sheet shall be filed with the initial pleading of a complaint, counterclaim, cross-claim or third party complaint in every district court civil (CV) case. It shall not be filed in Domestic Relations (DR), Probate (PR), Water (CW), Juvenile (JA, JR, JD, JV), or Mental Health (MID cases. 2. Check the boxes applicable to this case. n Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party does not seek a monetary judgment in excess of$100,000.00 against another party, including any attorney fees, penalties or punitive damages but excluding interest and costs and because this case is not a class action or forcible entry and detainer, Rule 106, Rule 120, or other expedited proceeding. ® Simplified Procedure under C.R.C.P. 16.1, does not apply to this case because (check one box below identifying why 16.1 does not apply): This is a class action or forcible entry and detainer, Rule 106, Rule 120, or other similar expedited proceeding, or ❑ This party is seeking a monetary judgment for more than $100,000.00 against another party, including any attorney fees, penalties or punitive damages, but excluding interest and costs (see C.R.C.P. 16.1(c)), or ❑ Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does not apply to this case. 3. n This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P. 38. (Checking this box is optional.) DATED this 9th day of July, 2012 2 X , • JOHN W.SUTHERS Attorney General /S Gregg E.Carson GREGGCARSON,#25460 Senior Assistant Attorney General* ROBERT C.HUSS,#38388 Assistant Attorney General* Transportation Unit Litigation&Employment Section Attorney for Department of Transportation,State of Colorado *Counsel of Record Pursuant to C.R.C.P.121,§1-26(9),the original of this document with original signature will he maintained in the offices of the Colorado Attorney General,1525 Sherman Street,Seventh Floor,Denver,CO 80203,and will be made available for inspection by other parties or the Court upon request. A. NOTICE ✓ This cover sheet must be filed in all District Court Civil(CV)Cases. Failure to file this cover sheet is not a jurisdictional defect in the pleading but may result in a clerk's show cause order requiring its tiling. ✓ This cover sheet must be served on all other parties along with the initial pleading of a complaint,counterclaim,cross-claim. or third party complaint. ✓ This cover sheet shall not be considered a pleading for purposes of C.R.C.P.I I. 3 Hello