HomeMy WebLinkAbout20062928.tiff ,
NOTICE TO BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY
YOU ARE OFFICIALLY NOTIFIED THAT ON OCTOBER 17, 2006, A PETITION IN
CONDEMNATION WAS FILED IN WELD COUNTY DISTRICT COURT CASE
NUMBER 2006 CV 790, DIVISION 4 (COPY ATTACHED WITH SUMMONS, CIVIL
ACTION COVER SHEET, AND MOTION FOR IMMEDIATE POSSESSION) BY
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. AGAINST ROCKIES
EXPRESS PIPELINE LLC TO CONDEMN CERTAIN PROPERTY IN THE
SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 66 WEST
OF THE 6th P.M. IN WELD COUNTY FOR AN ELECTRIC SUBSTATION (OWL CREEK
SUBSTATION) AND FOR AN ACCESS AND UTILITY EASEMENT AS DESCRIBED IN
THE PETITION IN CONDEMNATION. THIS NOTICE IS ISSUED PURSUANT TO
SECTION 24-1-40, "SUBDIVISION OR SUBDIVISION LAND" SUBSECTION b OF THE
WELD COUNTY CODE.
DATED: OCTOBER 18, 2006
Randolph W. Starr, # 3183
Michael A. Westbrook, # 31345
Starr &Westbrook, P.C.
Attorneys for Petitioner
150 East 29th Street, Suite 285
Loveland, CO 80539-0642
Phone Number: 970-667-1029
FAX Number: 970-669-3841
E-mail: RSTARR8553(cilaol.com
WESTBROOK72aol.com
Petitioner:
Poudre Valley Rural Electric Association, Inc.
Attention: Ronald J. Carey, General Manager
7649 REA Parkway
P. O. Box 272550
Fort Collins, CO 80527
Telephone: 970-226-1234
Facsimile: 970-226-2123
Page 1 of 5 (1/' CA- 4.(0-L4c )
Notice to Board of County Commissioners of Weld County
7O .- a S-Oc- PC
PROPERTY DESCRIPTION
Exhibit A
(1 of 2)
A poreel of land being part the Southeast Quarbtr(SEII4)of Section Five(5),Township Eleven
North(T.1 IN.).Runge Sixty-all Waist 1R-66W.1 of the Sixth Principal Meridian(6°P.M.),
County of Weld,State of Colorado,and being atone particularly described as follows:
BEGINNING at the South Quarter(51/4)corner of said Section S end assuming the South line of
said SE-114 as bearing North S9°48'35"East,being a Grid Hearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983192,a distance of 2658.85 feet with
all other bearings contained herein relative iherree:
THENCE North 89'45'35'East along the South lint:of said SEli4 a diem=of 253.81 feet
THENCE North 00"1I'39"West a distance of 581.73 fort to a point being Nine Hundred(900)
feet,as measured at right angles.Westerly of the Westerly Right-of-Way(ROW)of United States
Highway Na.85(HWYE5).said point being the TRITE POINT OF BEG INNING:
THENCE North 02"39'21"Seat along a line being 900 feet,as measured at nght angles.Westerly
of and parallel with said Westerly ROW a distance 300.00 feet:
THENCE South 87°20'39"East a distance of 350.00 feet to a point being Fire Hundred Fifty
(550)feet,as measured et right angles,Westerly of raid Westerly ROW;
THENCE South 02°30'21"V/sat along a Unto being 550 feet,as measured at right angles.
Westerly of and parallel well said Waaedy ROW a distance 300,00(ee
THENCE North 8720'39'West a distance of 350.00 feet to the TRUE POINT OP
BEGINNING.
Said parcel contains 2.410 acres,more or less W.and is subject fit arty tights.ol-way or other
easements of record or as now existing an said described pared of land.
It is the intent of this property description that the abate described parcel of land be contained
within the boundary of that parcel of land described by the metes and bounds description and
referred to as EXHIBIT"A"in a document dated 7.7-06 and signed by Gary Greer,Colorado
PIS No.37949,UEI lab No.9030000.
SURVEYOR'S STATEMENT
I,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby states that this
Property Description was prepared under my personal supervision and chocking,and that it is true
and correct to the best of my knowledge end belief_
Charles B.)Data Vi ' a f: ~:' ' rs,Inc.
s •." t � •
Colorado Regiat ass .rah/ • +
Lard Surveyor 42209: `•, r_
KING SUR VIWORS,INC.
650 Gorden Drive
Windsor,Colorado 80550
(971))686-5011
IN:2006242
O:12006242'tproperty deacriptiotis BASEMENT SUBSTATION PROP DESC.doc
Last printed 7119/2006 11:12 AM
Page 2 of 5
Notice to Board of County Commissioners of Weld County
PROPERTY DESCRIPTION EXHIBIT A SE% SECTION 5, 7.11 N.. R.68Y4.
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Page 3 of 5
Notice to Board of County Commissioners of Weld County
PROPERTY DESCRIPTION
Exhibit B
(1 of 2)
A parcei of land being part the Southeast Quarter(SEI14)of Section Five(5),Township Etarer
North(T.t 1NJ,Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6"'P.M-I,
County of Weld,State of Colorado.and being more particularly described as fo:luws'
BEGINNING at the South Quarter(51/4)caner of said Section 5 and usuming die South line of
said SEf 14 as bearing North 84'48'35"East,being a Grid Hearing of the Colorado Stott Plane
Coordinate System,North Zone.North American Datum 1983192,a distance of 2658.85 feet with
all ttaher bearings contained herein relative thereto:
THENCE North 89°48'35"East along die South line of said SEL/4 a distance of 2.53.81 feet;
THENCE North 00°11'39"West a distance of 581.73 fed to a point being Nine Hundred(900;
feet,as ineasswed at right angles.Westerly of the Westerly Right-of-War(ROW)of[Jared Stawa
Highway No.85(HW Y85);
THENCE South 87°20'39'East a dislanoe of 350.00 feat to a point being Five Hundred Fifty
(550)feet,as measured at right angles,Westerly of said Westerly ROW,said point being the
TRUE POINT OP BEGINNING;
THENCE North 02°39'21"Flat along a line being 550 feet,as measured at right angles,Westerly
of and penile!with said Westerly ROW a distance of 45.00 feet;
THENCE South 87'20'39"East a distance of 550,00 feet to laid Westerly ROW;
THENCE South 02'39'21'West along said Weate:ly ROW a durance of 20.00 feet:
THENCE North 87°2039"West a distance of 50.00 fed to a point being Fifty(50)feet.as
meaausod at right angles,Westerly of said Westerly ROW;
THENCE South 02'39'Z1"West along a lime being 50 feet,as measured to right angles.Westerly
of and parallel with said Westerly ROW a distance or 25.00 hat;
THENCE North 87°20'39"West a distance of 500.00 rens to the TRUE POINT'OF
BEGINNING.
Said parcel conhurts 21500 sq.ft..more or lees(i.1.and is subject to any rights-of-way or other
easements of recorJ or as now existing on said described part of land.
It is the intent of this property description that the above described pared of land be contained
within the boundary of that wool of lend described by the metal end bounds description and
referred to as EXHIBIT"A'in a document dated 7-7-06 and signed by Gary Greer,Colorado
PLS No.37949,UE:Job No.9030.000.
SURVEYOR'S STATEMENT
1.Charles H.lama,a Colorado Registered Professional Land Surveyor do hereby state that this
Propel),Description was prepared ender my personal supervision and checking,and that it is trace
end mrrect to the best of try knowledge and belief.
Charles B.Jones- f•utg•" y•, Inc.
LalrsrndoRegist ion.
Land Surveyor 822098
KING SURVEYORS,INC.
650 Darden Drive
Windsor,Colorado 80550
(970)686-5011
m:2006242
0:170062421 property descriptioru'EASEMENT ACCF-55 PROP DESC.dcx
Last printed 7/10/2006 11:39 AM
Page 4 of 5
Notice to Board of County Commissioners of Weld County
•
PROPERTY D�CRIPTIO+ EXHIBIT B QSd SECTION 5. T.11 N., R.66W. 1
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KING SURVEYORS,INC. PROJECT NO:2006242
:� 1 DATE:07/19/2006
.e 650 Gulden Drive I Wia_kor•Colonda B(1550 CUEN7:'''',/RA
phu,x 0970)686,501: I in:(9711 686.5821 DWG:2006242ESMT
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Page 5 of 5
Notice to Board of County Commissioners of Weld County
c . pY
District Court
Weld County, Colorado
Court Address: 901 9th Avenue, Greeley, CO 80631
Phone Number: 970-351-7300
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,
INC., a Colorado nonprofit cooperative corporation
Petitioners
v.
ROCKIES EXPRESS PIPELINE LLC, a Delaware
limited liability company, and
Donald Mueller, Treasurer of Weld County, Colorado
Respondents ♦ COURT USE ONLY
Attorney:
Randolph W. Starr, #3183
Michael A. Westbrook, #31345 Case Number:
Starr &Westbrook, P.C. 06 CV 790
150 East 29th Street, Suite 285
Loveland, CO 80539-0642
Phone Number: 970-667-1029
FAX Number: 970-669-3841 Div.:4
E-mail: RSTARR8553na.aol.com , Ctrm:
WESTBROOK72aaol.com
PETITION IN CONDEMNATION
Petitioner, by its attorneys, Starr & Westbrook, P.C., respectfully shows the
following:
1. The Petitioner is a Colorado corporation organized under and by virtue of
the laws of the State of Colorado for the purpose of and engaged in the building of
electric substations and electric lines and other facilities for the transmission of
electricity to numerous and various customers within its service territory. It is necessary
to have and acquire the hereinafter described real property for the construction of its
electric substations and electric transmission lines and attendant facilities in order to
meet the existing and anticipated needs of the members and customers of Petitioner for
electric service.
2. Petitioner is authorized and empowered to maintain this proceeding under
and by virtue of Title 38, Article 1, Article 2, Article 4, and Article 5, Colorado Revised
Statutes, as amended.
Page 1 of 8
3. Petitioner requires a fee simple title for an electric substation as described
on Exhibit "A" attached; and requires an access and utility easement to the substation
as described on Exhibit "B" attached (collectively, the "Property").
4. Based upon an examination of the Weld County, Colorado records, the
Respondents named in this action appear to have the following interests in the Property:
A. ROCKIES EXPRESS PIPELINE LLC, a Delaware limited liability
company, fee title owner of record.
B. Donald Mueller, as the Weld County Treasurer if there are any unpaid
taxes or special assessments.
5. 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.
6. Petitioner's Board of Directors, its governing body, has approved the
location of the substation and the route of the access and utility easement across the
Property. Petitioner has the right and authority to condemn the Property and to
maintain these proceedings.
7. Petitioner has negotiated in good faith with the owner of record to attempt
to acquire the Property and has negotiated in good faith to determine the compensation
to said owners by Petitioner. Petitioner and the owner have agree upon compensation
to be paid for the Property for the purposes stated in this action from the owner at
nominal consideration of $1.00. However the owner of the Property has refused
Petitioner any conveyance.
8. It will not be necessary for the Court, jury or commission to determine the
just compensation due the Respondents resulting from Petitioner's taking of the
Property.
9. Petitioner may require possession of the Property during the pendency of
this action pursuant to the Agreement.
WHEREFORE, Petitioner prays for the following:
A. That the Court determine the compensation to be paid to Respondent
Rockies Express Pipeline LLC according to the Agreement of the parties at the nominal
amount of$1.00.
B. That the Petitioner has judgment condemning the lands described herein
on behalf of Petitioner, as herein described upon payment of compensation to the
Respondent or other parties in interest as provided by law.
Page 2 of 8
C. For such other and further relief as the Court may determine to be just and
proper.
E-FILED— ORIGINAL SIGNATURE ON FILE
S/RANDOLPH W. STARR
Randolph W. Starr, # 3183
Michael A. Westbrook, # 31345
Starr &Westbrook, P.C.
Attorneys for Petitioner
Addresses:
7649 REA Parkway
P. O. Box 272550
Fort Collins, CO 80527
Page 3 of 8
VERIFICATION
STATE OF COLORADO )
ss.
COUNTY OF LARIMER
I, Ronald J. Carey, upon being first duly sworn, upon his oath deposes and says
that he is the Manager of the above named Petitioner Poudre Valley Rural Electric
Association and that he has read the foregoing Petition in Condemnation and knows the
contents thereof, and that the matters therein stated are true to the best of his
knowledge.
E-FILED— ORIGINAL SIGNATURE ON FILE
S/RONALD J. CAREY
Ronald J. Carey, Manager
The foregoing was subscribed to and acknowledged before me on the 17th day
of October, 2006, by Ronald J. Carey, Manager of Poudre Valley Rural Electric
Association, Inc.
S/PAM S. MARTIN
E-FILED- ORIGINAL SIGNATURE ON FILE
Notary Public
Witness my hand and official seal.
My commission expires: JUNE 15. 2009
Page 4 of 8
PROPERTY DESCRIPTION
Exhibit A
(1 of 2)
A parcel of land being pars the Southeast Quarter(SEtM)of Section Fine(5),Township Eleven
North(T.I 1N.).Range Sixty-six West MOM.)of the Sixth Principal Meridian(66 P.M.),
County of Weld.State of Colorado,and being more per icularly described as follows:
BEGINNING at the South Quarter(.51/4 comer of said Section 5 and assuming the South line of
said SEI14 as bearing Nothfl9'48'35'fast,being a Grid Bearing of the Colorado State Plane
CooTdinsze System,North Zone,North American Datum 198.1/92,a distance of 2658.85 feet with
all other heartags contained herein relative thereto:
THENCE North 89`48'35"East along the South line of said SEll4 a distance of 2.53.81 leer;
THENCE North 0591'39`West a distance of 581.73 feel toe point being Nine Hundred(9001
feat,as measured at right angles.Westerly of Ow Westerly Right-of-Way(ROW)of United Saatrs
Highway No.85 fRWY85),said paint being the TRUE POINT OF BEGINNING;
THENCE North 02'39'21`Est along a lint being 900 feet,se measured at right angles.Westerly
of aria parallel with laid Westerly ROW a distance 300.00 foci;
THENCE South 87°20'39"East a distance of 350.00 fort to a point being Five Hundred Fifty
(550)feet,as measured at right angles,Westerly of said Westerly ROW;
THENCE South 02°39'21"West along u fine being 550 feet,as measured at right englue.
Westerly of and parallel with said Westerly ROW a distance 300.00 feet;
THENCE North 87°20'39'Wert a distance of 350.00 feet to the TRUE POINT OP
BEGINNING.
Said parcel contains 2.410 eats,more or lost W.abut is subject to taty righta'of-way or otter
easements of ward iw as now existing tarn said described parcel of land.
It is the heert of this property description that the above described parcel of lard be contained
within the boundary of that parcel of land described by the metes and bounds description and
referred to as EXHIBIT"A"in a document dated 7.7.06 end algned by Gary Greer,Colorado
PIS No.37949,UE1 Jab No.9030.000.
SURVEYOR'S STATEMENT
I,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby stale that this
Property Description was prepared under my personal superriaton and chocking,and that is is true
and correct to the heat of my knowledge arid belief.
Charles B.Jones- , "':,• e'tl ra.Inc.
,J r.
Colorado Resist fats'•.al
Land Surveyoe 42209:' •,, ,�� -
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
DE 2O(16242
0:120062421property descriptitrts\EASEMENP SUBSTATION PROP DESC.doC
Lest printed 7/10/2006 11.12 AM
Page 5 of 8
PROPERTY DESCRIPTION EX.FIIBIT'A SEY. SECTION 5. T.11 N.. R.66W.
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Page 6 of 8
PROPERTY DESCRIPTION
Exhibit II
(1of2)
A parcel of land being part the Southeast Quarter ISEI/4)of Section Fire(5).Township Eleven
•
Natty' (T.I1N.),Range Sixty-six West(R.66W J of the Sixth Principal Meridian(6ei P.M.),
County of Weld.State of Colorado,and being Mare particularly described as follows:
BEGINNING et the South Quarter(Sl/4)corner of said Section 5 and assuming the South line of
said SEi/4 as bearing North 89'48'35"East being a Chid Bearing of the Colorado State Plata
Coordinate System,North Zane,North American Datum 1983/92,a distance of 2658.85 feet with
all rather bauingrt contained herein relative thereto;
THENCE North 89°48'35"East along the South line of sold SEI/4 a distance of 253.81 feet;
THENCE North 00°11'39"West a distance of 581,73 feet In a point being Nine Hundred(900)
feet,as measured at right angles.Westerly of the Westerly Right•of Way(ROW)of United Status
Highway No.85 U{WY85);
THENCE South 87°20'39'East a distance of 350.00 feet to a point being Five Hundred Fifty
(550)feet as measured at right angles,Westerly of said Westerly ROW,said point being the
TRUE POINT OF BEGINNING;
• THENCE North 02'39'Zl"East along a line being 550 feet at measured at right angles.Westerly
of and parallel with said Westerly ROW a dlalaaca of 45.00 feet;
THENCE South 87`20'39"Fah a distance of 550.W teat to said Westerly ROW;
THENCE South 02°39'2I"Watt along said Westerly ROW a distance of 20.00 feet;
TI{ENCE North E7"20'39"West a distance of 50.00 feet to a point being Aft},(50)feet,as
measured al right angles,Westerly of said Westerly ROW;
THENCE South 02'39'21"West along a line being 50 feet as meattued al right angles.Westerly
of and parallel with said Westerly ROW a disunite of 25.00 feel;
THENCE North 87°20'39"West a distance al 500.00 feet to the TRUE POINT OP
BEGINNING.
Said parcel conradra 23,500 so.ft.,more or lees(3),and is subpar to any rights-of-way or other
easements of record or at now existing on said described parcel of land.
It is the intent of this property description that the above described parcel of land be contained
within the boundary of that parcel of land described by ado means and bounds description and
referred to es EX1 XBIT`A"in a document dated 7-7-06 and signed by Gary Greer,Colorado
?LS No.37949.UEI Job No.9030.000.
SURVEYOR'S STATEMENT
I.Qrarles B.Jones.a Colorado Registered Proltssio utl Land Surveyor do hereby stare that this
Property Description Mali prepared under my personal supervision and chocking,and that It it true
and correct to the beet of my itnowlydge and belief.
Charles B.Jones ��! j" f 't .y•',.Inc.
ColoradoRegtat. $'i ,'a
Land Surveyor 822098 y! ?
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 10550
(970)686-5011
IN:2006212
0:120062A2npropcny descriptionslEASEMENP ACCESS PROP DESC.doc
Last printed 7/19/2005 11:39 AM
Page 7 of 8
PROPERTY DESCRIPTION ExiimniB SEYa SECTION 5, T.11N., R.66W.
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KING SURVEYORS,INC. PROJECT NO:2906242
DATE:07/19/2006
ka GM r r 150 Gnidaa Dave I Windsor,Cdonido 80550 C1.IEM:AYREA
Nitik i phone=MO)688.5017 I fa= ) ''
"821 OWO:2006242ESMT
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Page 8 of 8
c . pY
District Court
Weld County, Colorado
Court Address: 901 9"' Avenue, Greeley, CO 80631
Phone Number: 970-351-7300
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,
INC., a Colorado nonprofit cooperative corporation
Petitioners
v.
ROCKIES EXPRESS PIPELINE LLC, a Delaware
limited liability company, and
Donald Mueller, Treasurer of Weld County, Colorado
Respondents 4 COURT USE ONLY
Attorney:
Randolph W. Starr, #3183
Michael A. Westbrook, #31345 Case Number:
Starr &Westbrook, P.C. 06 CV 790
150 East 29th Street, Suite 285
Loveland, CO 80539-0642
Phone Number: 970-667-1029
FAX Number: 970-669-3841 Div.:4
E-mail: RSTARR8553@aol.com , Ctrm:
WESTBROOK72aaol.com
SUMMONS IN CONDEMNATION
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE NAMED RESPONDENTS:
You are hereby informed that this is a special statutory proceeding brought pursuant to
Sections 38-1-101 through 121, Colorado Revised Statutes. This summons is issued
pursuant to Section 38-1-103, Colorado Revised Statutes. 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 Section 38-1-109, Colorado Revised Statutes.
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 petitioners according to law under Section 38-1-103, Colorado
Revised Statutes.
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 ten
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
ten days after the Summons is served.
Page 1 of 2
This is an action in eminent domain as set forth in the Petition In Condemnation. The
following documents are also served herewith: Petition In Condemnation.
Dated this 17th day of October, 2006.
STARR &WESTBROOK, P.C.
By: E-FILED- ORIGINAL SIGNATURE ON FILE
S/RANDOLPH W. STARR
Michael A. Westbrook, #31345
Randolph W. Starr, #3183
Attorneys for Petitioner
150 E. 29th Street, Suite 285
P. O. Box 642
Loveland, Colorado 80539-0642
Telephone: 970-667-1029
Page 2 of 2
copy
District Court
Weld County, Colorado
Court Address: 901 9th Avenue, Greeley, CO 80631
Phone Number: 970-351-7300
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,
INC., a Colorado nonprofit cooperative corporation
Petitioners
v.
ROCKIES EXPRESS PIPELINE LLC, a Delaware
limited liability company, and
Donald Mueller, Treasurer of Weld County, Colorado
Respondents * COURT USE ONLY
Attorney:
Randolph W. Starr, #3183
Michael A. Westbrook, #31345 Case Number:
Starr & Westbrook, P.C. 06 CV 790
150 East 29th Street, Suite 285
Loveland, CO 80539-0642
Phone Number: 970-667-1029
FAX Number: 970-669-3841 Div.:4
E-mail: RSTARR8553C2aol.com , Ctrm:
WESTBROOK72aaol.com
MOTION FOR IMMEDIATE POSSESSION
Petitioner, by and through its attorney, Starr & Westbrook, P.C., respectfully
moves this Court for an Order granting Petitioner the right to immediate possession of
the property described herein and as grounds therefor states the following:
1. The Petitioner is a Colorado corporation organized under and by virtue of
the laws of the State of Colorado for the purpose of and engaged in the building of
electric substations and electric lines and other facilities for the transmission of
electricity to numerous and various customers within its service territory. It is necessary
to have and acquire the hereinafter described real property for the construction of its
electric substations and electric transmission lines and attendant facilities in order to
meet the existing and anticipated needs of the members and customers of Petitioner for
electric service.
2. Petitioner requires a fee simple title for an electric substation as described
on Exhibit "A" attached; and requires an access and utility easement to the substation
as described on Exhibit "B" attached (collectively, the "Property"). The purposes, uses
and other matters related thereto are fully set forth in the Petition in this action.
Page 1 of 7
3. The names of all persons interested in the subject property as owner or
otherwise and known to Petitioner have been named as Respondents herein and their
interests are set forth in the petition filed in this matter.
4. Petitioner's Board of Directors, its governing body, and other appropriate
governmental agencies have approved the location of the substation site on the real
estate described herein. Petitioner has the right and authority to condemn the lands
described herein and to maintain these proceedings.
5. All conditions precedent to the commencement and maintaining of this
action by Petitioner have been performed or have occurred.
6. Petitioner is about to begin construction of the substation and transmission
lines in the near future; and it is, therefore, necessary that Petitioner enter immediately
upon and have possession of the said lands during the pendency of this action.
7. Petitioner is ready, willing, and able to deposit in the registry of the Court
such sums of money as may be determined by the Court to be necessary and proper for
the protection of Respondents upon the entry of an Order for Immediate Possession of
the property described herein pending final conclusion of this action. Petitioner believes
that a deposit of $1.00 would be sufficient for the protection of Respondents upon the
entry of an Order of Immediate Possession.
WHEREFORE, Petitioner moves the Court for the following:
1. That the Court grant to Petitioner immediate possession of the Property
described herein for the purposes and uses as described in the petition herein.
2. That the Court determine a reasonable amount that will be sufficient to
pay the sum that may ultimately be awarded as compensation and damages for such
taking to respondent in the manner provided by law.
Dated this 17th day of October, 2006.
STARR &WESTBROOK, P.C.
By: E-FILED- ORIGINAL SIGNATURE ON FILE
S/RANDOLPH W. STARR
Michael A. Westbrook, #31345
Randolph W. Starr, #3183
Attorneys for Petitioner
150 E. 29th Street, Suite 285
P. O. Box 642
Loveland, Colorado 80539-0642
Telephone: 970-667-1029
Page 2 of 7
VERIFICATION
STATE OF COLORADO
ss.
COUNTY OF LARIMER
I, Ronald J. Carey, upon being first duly sworn, upon his oath deposes and says
that he is the Manager of the above named Petitioner Poudre Valley Rural Electric
Association and that he has read the foregoing Motion For Immediate Possession and
knows the contents thereof, and that the matters therein stated are true to the best of
his knowledge.
E-FILED— ORIGINAL SIGNATURE ON FILE
S/RONALD J. CAREY
Ronald J. Carey, Manager
The foregoing was subscribed to and acknowledged before me on the 17th day
of October, 2006, by Ronald J. Carey, Manager of Poudre Valley Rural Electric
Association, Inc.
S/PAM S. MARTIN
E-FILED- ORIGINAL SIGNATURE ON FILE
Notary Public
Witness my hand and official seal.
My commission expires: JUNE 15, 2009
Page 3of7
PROPERTY DESCRIPTION
Exhibit A
(1of2)
A parcel of land being part the Southeast Quarter(SEt/4)of Section Fi rc(S),Township Eleven
North(T.11NJ.Range Sixty-ale Weal IR.66W.)of the Sixth Principal Meridian(6a'
County of Weld,State of Colorado,and being rim particularly described as follows:
BEGINNING at the South Quarter(331/41 comes of said Section 5 and assuming the South Line of
said SE114 as bearing North 89"48'35'East,being a Grid Bearing of the Colorado Slate Plate
Coordinate System,Nealh Zone,North American Datum 1983/92,a diatente of 2658.85 feel with
all ether hoariest contained herein relative thereto;
THENCE North 89'48'35"East along the South line of Raid SE1/4 a ditWnoe of 253.81 fee::
THENCE NCE North 00'11'39'West a distance of 581.73 fret to a point being Nine Hundred(9001
feet,in measured at right angles.Westerly of the Westerly Right-of-Way(ROW)of United Suers
Highway No.85 CHWY85},said paint being theTkUE POINT O!DEGINNING;
THENCE North 02'39'21"East along•line being 900 feet,as measured at right angles.Westerly
of and parallel with said Westerly ROW a distance 300.00 feet;
THENCI3 South 14720'39"East a distance of 350.00 feet to a point being Fite Hundred pifty
(550)feel.as measured at right singles,Westerly of said Westerly ROW;
THENCE South 02'39'21'West along a litre being 530 foes,as measured at right angles.
Westerly of and parallel with said Westerly ROW a distance 300.00 fear;:
THENCE North 87'20'39'West a distance of 350.00 feet to the TRUE POINT OF
BEGINNING.
Said parcel caataitu?410 auras,more or less(±),and u subject to any rights•of-way or other
easements of record or as now extorting on Raid descbed parcel of land.
11 is the intent of this property description that the above described parcel of land be carttaitted
within the boundary of that parcel of lard described by the metes and bounds description and
referred to as EXHIBIT"A"in a document dated 7.7.06 and aigrx4 by Clary Greer.Colorado
PLS No.37949,UEI Job No.9030.000.
SURVEYOR'S STATEMENT
I,Charles H.Jones,a Colorado Reglaiered Professional Land Surveyor do hereby slata that this
Property Description was prepared under my personal supernlaton and checking,and that it is true
and correct to the heat of my knowledge and belief.
Charles B.Jones-;1 r a f. 'r.,r ear!rs.Inc.
� yt'8 •
rim
Colorado Resist i.ti.... fenss al
Land Surveyor 12209:
ICING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
IN:2006242
O:120062421property detcriptions\EASEMEKT SUBSTATION PROP DESC.doc
Last printed 7/19/2006 11:12 AM
Page 4 of 7
PROPERTY DESCRIPTION EXHIBIT A SEY. SECTION 5, T.11N., R.66'h'.
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Page 5 of 7
PROPERTY DESCRII'i7ON
Exhibit B
(1 of 2)
A parcel of lend being part tiro Southeast Quarter(SEII4)of Section Fire(5).Township Clever:
North(T.11N.1,Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(64'P.M.)
County of Weld.State of Colorado,and being more particularly described as follows:
BEGINNING at the South Quarter(S114I comer of said Section 5 and assuming the South line of
said SEIl4 as bearing North 89'48'35-EasL hoing a Grid Marino of the Colorado Stan Plane
Coordinate System,North Zone,North American Dauer 1983192,a distance of 2658.85 feet with
all other bearings contained herein relative thereto:
THENCE North 89°48'35"Past along the South doe of said SEI/4 a distance of 253.81 feet;
THENCE North 00`11'39'West a distance of 581.73 fret to a point being Nine Hundred(9001
feet,at measured at right angles,Westerly of she Westerly Righl.of-Way(ROW)of United States
Highway No.85{NWY85):
THENCE South 87`20'39"Fast a distance of 350.00 feet toe point being Five Hundred Fifty
(550)feet.to monaural l at right angles.Westerly of said Westerly ROW,said point being the
TRUE POINT OF BEGINNING;
THENCE North 02'39'21'East along a line being 550 feet.es measured at right angles.Westerly
of and parallel with said Westerly ROW a distance of[,5.00 feet;
THENCE South 87711'39"Bart a distance of 550.100 feet to raid Westerly ROW:
THENCE South 02'351'21"West along said Westerly ROW a climate of 211.00 feet
THENCE North 87"211'3r West a distance of 50.00 feet to a point being.Fifty(50)feet,as
measured at right angles,Westerly of raid WeaterlyROW;
THENCE South 02'39'2I"West along a line being 50 feet,as measured at right angles.Westerly
of and parallel with raid Westerly ROW a distance of 25.00 feet
THENCE North 87'20'39"West a distwxx of 500.00 feet to the TRUE POINT OP
BEGINNING.
Said parcel caatains 23,500 eq.ft..more or less(t).and is subject to any rights-of-way or other
easemeoLs of record or as now existing on Bald described parcel of land.
It is the intent of this property description that the above described parcel of land be contained
within the boundary of that parcel of land described by the cone'and lwunds dascriphtai and
referred to as EXHIBIT"A`in a document dated 7-7.06 arid signed by Ciuy Greer,Colorado
PLS No.37949,UEI Job No.9030.000.
SURVEYOR'S STATEMENT
1,Ohstire B.Innate,a Colorado Registered?rotational Land Surveyor do hereby state that this
Property Description was prepared tauter my personal supervision and chocking,and that it is true
end correct to the best of my knowledge and belief.
' s
Charles B.Jones-a 1 ij';f g '*c •y••', loc.
Colorado Regis...+{"' .,..n j /A
Land Surveyor S22098
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
IN:2006242
O:t20002421propeny deecriptions'EASEMENP ACCESS PROP DESC.doc
Last printed 7/19/2O06 11:39 AM
Page 6 of 7
PROPERTY DESCRIPTION EXHIBIT 8 SE% SECTION 5, T.1 IN., R.66W.
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Page 7 of 7
ctpy
District Court
Weld County, Colorado
Court Address: 901 9th Avenue, Greeley, CO 80631
Phone Number: 970-351-7300
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,
INC., a Colorado nonprofit cooperative corporation
Petitioners
v.
ROCKIES EXPRESS PIPELINE LLC, a Delaware
limited liability company, and
Donald Mueller, Treasurer of Weld County, Colorado
Respondents as COURT USE ONLY
Attorney:
Randolph W. Starr, #3183
Michael A. Westbrook, #31345 Case Number:
Starr &Westbrook, P.C. 06 CV 790
150 East 29th Street, Suite 285
Loveland, CO 80539-0642
Phone Number: 970-667-1029
FAX Number: 970-669-3841 Div.:4
E-mail: RSTARR8553Aaol.com , Ctrm:
WESTBROOK72aol.com
DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT,
COUNTERCLAIM, CROSS-CLAIM OR THIRD PARTY COMPLAINT
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 (MH) cases.
2. Check the boxes applicable to this case.
O 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
O 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.
JDF 601 7/04 DISTRICT COURT CIVIL(CV)CASE COVER SHEET FOR INITIAL PLEADING OF
COMPLAINT,COUNTERCLAIM,CROSS-CLAIM OR THIRD PARTY COMPLAINT
3. ❑ 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.)
Date: October 17, 2006 S/RANDOLPH W. STARR
Signature of Party or Attorney for Party
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 filing.
✓ 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. 11.
JDF 601 7/04 DISTRICT COURT CIVIL(CV)CASE COVER SHEET FOR INITIAL PLEADING OF
COMPLAINT,COUNTERCLAIM,CROSS-CLAIM OR THIRD PARTY COMPLAINT
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