HomeMy WebLinkAbout20061577.tiff DISTRICT COURT, WELD COUNTY, COLORADO
901 9th Avenue
Greeley, CO 80631
DEPARTMENT OF TRANSPORTATION, STATE OF
COLORADO,
Petitioner,
v.
RANCHVIEW INVESTMENT CO., LLC, a Colorado
limited liability company;
BANK ONE, NA;
CHARLES ALAN LINAKER, JR., individually;
USFO, LLC, a dissolved Colorado limited liability;
OXFORD DEVELOPMENT LLC, an Arizona limited
liability company;
FIRST DACONO DEVELOPMENT, LLC, a Delaware
limited liability company;
TRIANGLE INTERNATIONAL LLC, an Arizona
limited liability company;
JAN BOMMELL, individually;
RENAISSANCE ASSET FUND INC., a Delaware
corporation;
RONALD HASSEY;
JOHN DENNY;
ARIZONA INVESTMENT ADVISORS, on behalf of
MARK D. SCHUTTNER;
ELIZABETH I.TAYLOR;
FIRST NATIONAL BANK OF ONAGA, Custodian
FBO ARCH W. FULTON, IRA;
JERRY WALKER; individually
DACONO FACTORY OUTLET CENTER, an Arizona
partnership;
CNT FAMILY FUN OUTLETS, INC., an Arizona
corporation;
PROFUTURA, LLC, a/Ida PROFUTUA, LLC
an Arizona limited liability company;
CHARLES STEDMAN, individually;
MICHAEL S. KEITH, individually;
CONTEMPORARY WEST DEVELOPMENT;
COURT USE ONLY a
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CYNTHIA OLSON-WOODS, individually;
JAMES OLSON, individually;
CAROL OLSON, individually;
THE FARMERS RESERVOIR AND IRRIGATION
COMPANY, a Colorado Non-Profit Corporation;
DENVER RESERVOIR IRRIGATION COMPANY, an
Illinois corporation;
AMOCO PIPELINE ASSET COMPANY f/k/a WYCO
PIPE LINE COMPANY, a Delaware Corporation;
PAN AMERICAN PETROLEUM CORPORATION, a
Nevada corporation;
QWEST CORPORATION f/k/a MOUNTAIN STATES
TELEPHONE AND TELEGRAPH COMPANY, a
Colorado corporation;
PAN HANDLE EASTERN PIPE LINE COMPANY, LP,
a Delaware Limited Partnership;
VESSELS OIL & GAS COMPANY, a dissolved
Colorado corporation
PUBLIC SERVICE COMPANY OF COLORADO, a
Colorado corporation;
UNION PACIFIC RAILROAD COMPANY, a Delaware
Corporation;
UNION PACIFIC LAND RESOURCES
CORPORATION, n/k/a ANADARKO LAND CORP.,
a Nebraska corporation;
ROCK SPRINGS ROYALTY COMPANY, a Utah
Corporation;
NATIONAL FUEL MARKETING COMPANY; a
Colorado limited liability company;
IMPERIAL COAL COMPANY;
H. VANMATER, individually;
WELD COUNTY, a body politic and corporate;
MARY HERGERT, as Public Trustee of Weld
County; and
DONALD MUELLER, as Treasurer of Weld County
Respondents.
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JOHN W. SLITHERS, Attorney General Case No.: 2006CV340
LARRY D. TANNENBAUM, Senior Assistant Attorney
General, Registration Number 3552*
MEGAN PARIS RUNDLET, Assistant Attorney Div.: 4
General, Registration Number 27474*
1525 Sherman Street, 5th Floor
Denver, CO 80203
(303) 866-5129
*Counsel of Record
SUMMONS IN CONDEMNATION
THE PEOPLE OF THE STATE OF COLORADO:
To the above-named respondents, GREETINGS:
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.
At the immediate possession hearing, the Court may authorize the petitioner to take
possession of and use the property described in the petition in condemnation pursuant to
§ 38-1-105(6)(a), C.R.S.
Subsequent to the immediate possession hearing, 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.
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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.
DATED this 22"d day of May, 2006.
JOHN W. SUTHERS
Attorney Gener I
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MEGAW PARIS RUNDLET, #27474
Assistar4t Attorney General
Litigation Section
Attorneys for Petitioner CDOT
Pursuant to C.R.C.P. 121, § 1-26(9), the original of this document with original signature will be
maintained in the offices of the Colorado Attorney General, 1525 Sherman Street, Fifth Floor, Denver,
CO, 80203, and will be made available for inspection by other parties or the Court upon request. •
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DISTRICT COURT, WELD COUNTY, COLORADO
901 9th Avenue
Greeley, CO 80631
DEPARTMENT OF TRANSPORTATION, STATE OF
COLORADO,
Petitioner,
v.
RANCHVIEW INVESTMENT CO., LLC, a Colorado
limited liability company;
BANK ONE,NA;
CHARLES ALAN LINAKER, JR., individually;
USFO, LLC, a dissolved Colorado limited liability;
OXFORD DEVELOPMENT LLC, an Arizona limited
liability company;
FIRST DACONO DEVELOPMENT, LLC, a Delaware
limited liability company;
TRIANGLE INTERNATIONAL LLC, an Arizona
limited liability company;
JAN BOMMELL, individually;
RENAISSANCE ASSET FUND INC., a Delaware
corporation; .
RONALD HASSEY;
JOHN DENNY;
ARIZONA INVESTMENT ADVISORS, on behalf of
MARK D. SCHUTTNER;
ELIZABETH I. TAYLOR;
FIRST NATIONAL BANK OF ONAGA, Custodian
FBO ARCH W. FULTON, IRA;
JERRY WALKER; individually
DACONO FACTORY OUTLET CENTER, an Arizona
partnership;
CNT FAMILY FUN OUTLETS, INC., an Arizona
corporation;
PROFUTURA, LLC, a/k/a PROFUTUA, LLC
an Arizona limited liability company;
CHARLES STEDMAN, individually;
MICHAEL S. KEITH, individually;
CONTEMPORARY WEST DEVELOPMENT;
COURT USE ONLY s
CYNTHIA OLSON-WOODS, individually;
JAMES OLSON, individually;
CAROL OLSON, individually;
THE FARMERS RESERVOIR AND IRRIGATION
COMPANY, a Colorado Non-Profit Corporation;
DENVER RESERVOIR IRRIGATION COMPANY, an
Illinois corporation;
AMOCO PIPELINE ASSET COMPANY f/k/a WYCO
PIPE LINE COMPANY, a Delaware Corporation;
PAN AMERICAN PETROLEUM CORPORATION, a
Nevada corporation;
QWEST CORPORATION f/k/a MOUNTAIN STATES
TELEPHONE AND TELEGRAPH COMPANY, a
Colorado corporation;
PAN HANDLE EASTERN PIPE LINE COMPANY, LP,
a Delaware Limited Partnership;
VESSELS OIL & GAS COMPANY, a dissolved
Colorado corporation
PUBLIC SERVICE COMPANY OF COLORADO, a
Colorado corporation;
UNION PACIFIC RAILROAD COMPANY, a Delaware
Corporation;
UNION PACIFIC LAND RESOURCES
CORPORATION, n/k/a ANADARKO LAND CORP.,
a Nebraska corporation;
ROCK SPRINGS ROYALTY COMPANY, a Utah
Corporation;
NATIONAL FUEL MARKETING COMPANY; a
Colorado limited liability company;
IMPERIAL COAL COMPANY;
H. VANMATER, individually;
WELD COUNTY, a body politic and corporate;
MARY HERGERT, as Public Trustee of Weld
County; and
DONALD MUELLER, as Treasurer of Weld County
Respondents.
2
JOHN W. SUTHERS, Attorney General Case No.: 2006CV340
LARRY D. TANNENBAUM, Senior Assistant Attorney
General, Registration Number 3552*
MEGAN PARIS RUN DLET, Assistant Attorney Div.: 4
General, Registration Number 27474*
1525 Sherman Street, 5`h Floor
Denver, CO 80203
(303) 866-5129
*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, formerly the State Highway Commission of Colorado,
has determined that the improvement of a portion of State Highway No. 25 (I-25) 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 Nos. 406REV, 406AREV,UE406-REV, TE-406
and TE-406A 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 as of June 19, 2001, the date that petitioner
was granted possession thereof pursuant to possession and use agreement recorded May 31, 2001 at
reception number 2853228, 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. By resolution of the Commission, a portion of the subject state highway has been
designated as a freeway and thereby, in accordance with applicable law, the chief engineer is
authorized to construct such local service roads, raised medians, divided lanes of traffic, and
other appurtenances which, in his opinion, are necessary to provide every element of safety
possible to the traveling public.
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6. In accordance with said freeway resolution, and, pursuant to the police power of the
State of Colorado, in order to reduce traffic hazards and for other purposes, it is necessary to
restrict, control, or limit the means of access to and from the highway right of way to and from
the remaining portions of land of respondents; the intent herein being to deny any ingress to or
egress from said remaining land, across the right of way line of the highway. The access
prohibition line to accomplish these purposes, designated as Parcel No. AC 406 REV and 406A
REV is described in Exhibit "B," attached hereto and incorporated herein by reference. Such
restriction, control, or limitation of the means of access is reasonable and, therefore,no
compensation should be allowed respondents for such restriction, control or limitation.
7. Petitioner is informed and believes that the property described in Exhibit "A"may be
owned of record by Oxford Development LLC, and is subject to the following deeds of trust:
a. Deed of Trust recorded February 26, 1997 at Reception No. 2535010 of the records of
the Clerk and Recorder of Weld County in favor of Ronald Hassey; John Denny; Arizona
Investment Advisors,on behalf of Mark D. Schuttner; Elizabeth I. Taylor; First National Bank of
Onaga, Custodian FBO, Arch W. Fulton, IRA; Jerry Walker; as well as Arizona Investment
Advisors, on behalf of, Barbara Bourne. Barbara Bourne subsequently recorded an Affidavit for
Release of Deed of Trust Beneficiary at Reception 2859812 on June 22, 2001.
b. Deed of Trust recorded on December 18, 1998, at reception 2661409, of the records of
the Clerk and Recorder of Weld County in favor of Triangle International,LLC.
c. Deed of Trust recorded on December 18, 1998, at reception number 2661410, of the
records of the Clerk and Recorder of Weld County in favor of Jan Bommel.
d. Deed of Trust recorded November 2, 1999, under Reception No. 2730234, of the records
of the Clerk and Recorder of Weld County in favor of Renaissance Asset Fund Inc.
e. Deed of Trust recorded December 21, 1999 at Reception No. 2739752,of the records of
the Clerk and Recorder of Weld County in favor of Renaissance Asset Fund Inc.
f. Deed of Trust recorded October 2,2000 at Reception No. 2797274,of the records of the
Clerk and Recorder of Weld County in favor of Renaissance Asset Fund Inc.
8. Petitioner is informed and believes that the property described in Exhibit "A"may be
owned of record by First Dacono Development, LLC, by virtue of a Warranty Deed, recorded
January 22, 2001 at reception number 2820356, of the records of the Clerk and Recorder of Weld
County.
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9. Petitioner is informed and believes that the property described in Exhibit "A" may be
owned of record by USFO, LLC,by virtue of a Quit Claim Deed,recorded May 31, 2001 at
reception number 2853227, of the records of the Clerk and Recorder of Weld County.
10. Petitioner is informed and believes that the property described in Exhibit "A" may be
owned of record by Ranchview Investments, LLC by virtue of a Special Warranty Deed recorded
March 31, 2003, at reception number 3046794 of the records of the Clerk and Recorder of Weld
County; and is subject to a Deed of Trust, Assignment of Leases and Rents, Security Agreement
and Financing Statement, recorded March 31, 2003 at reception no. 3046795,of the records of the
Clerk and Recorder of Weld County in favor of Bank One,NA; and by virtue of a Sheriffs Deed
recorded August 21, 2003, at reception number 3097978 of the records of the Clerk and Recorder of
Weld County.
II. Petitioner is informed and believes that the property described in Exhibit"A" may be
owned of record by Charles Alan Linaker,Jr., individually, by virtue of a Public Trustee's Deed
recorded May 7, 2004, at reception number 3178414 of the records of the Clerk and Recorder of
Weld County.
12. The public trustee, named as a respondent herein, is joined because the public trustee
may have some claim or interest in the subject property by virtue of a deed or deeds of trust thereon.
13. 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. (2005).
14. Weld County, may have some interest in the subject property by virtue of its right-of-
way easement recorded October 14, 1889,in Book 86 at Page 273, of the records of the Clerk and
Recorder of Weld County.
15. The Farmers Reservoir and Irrigation Company and the Denver Reservoir Irrigation
Company may have some interest in the subject property by virtue of the Agreement dated May 16,
1910, recorded in Book 376, at Page 130 of the records of the Clerk and Recorder of Weld County.
16. The Farmers Reservoir and Irrigation Company may have some interest in the subject
property by virtue of the right-of-way for Standley Lake Canal No. 1 and Standley Lake Canal No.
2 as evidenced by the Statement filed in the records of the Clerk and Recorder of Weld County,
recorded March 24, 1909, at Reception No. 109312, and the Standley Ditch as shown on the Plat of
Dacono Factory Mall Annexation recorded October 19, 1994, under Reception No. 2411682 in
Book 1463 of the records of the Clerk and Recorder of Weld County.
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17. Union Pacific Railroad Company may have some interest in the subject property by
virtue of the reservations contained in the Quit Claim Deed recorded April 14, 1971 in Book 644 at
Reception No. 1565713 and the reservations contained in Release and Quit Claim Deed recorded
December 17, 1998 at Reception No. 2661202.
18. Union Pacific Land Resources Corporation n/k/a Anadarko Land Corp., may have some
interest in the subject property by virtue of the Quit Claim Deed recorded April 14, 1971 in Book
644 at Reception No. 156713 and the Release and Quit Claim Deed recorded December 17, 1998 at
Reception No. 2661202.
19. Amoco Pipeline Asset Company f/k/a Wyco Pipe Line Company may have some
interest in the subject property by virtue of its right-of-way easement recorded October 8, 1947, in
Book 1213, at Page 20, in the records of the Clerk and Recorder of Weld County.
20. Pan American Petroleum Corporation may have some interest in the subject property by
virtue of its oil and gas lease recorded December 21, 1970,in Book 637 at Reception No. 1559254,
and extended by Affidavit of Lease Extension or Production recorded April 3, 1974, in Book 711 at
Reception No. 1633347 of the records of the Clerk and Recorder of Weld County.
21. Qwest Corporation f/k/a Mountain States Telephone and Telegraph Company may have
some interest in the subject property by virtue of its License Agreement recorded April 20, 1972, at
Reception No. 1588039 in Book 666, of the records of the Clerk and Recorder of Weld County, and
under the Easement and Deed and Agreement recorded June 9, 1993 in Book 1386 at Reception No.
2336188, of the records of the Clerk and Recorder of Weld County.
22. Panhandle Eastern Pipe Line Company may have some interest in the subject property
by virtue of an Easement recorded January 27, 1981, at Reception No. 1848117, in Book 926 and a
right-of-way easement recorded May 21, 1980, at Reception No. 1825409 in Book 903, in the
records of the Clerk and Recorder of Weld County.
23. Vessels Oil& Gas Company may have some interest in the subject property by virtue of
an Easement for pipeline recorded February 13, 1986 in Book 1103 at Page 79, at Reception No.
2042899, in the records of the Clerk and Recorder of Weld County.
24. Union Pacific Land Resources Corporation n/k/a Anadarko Land Company and Rock
Springs Royalty Company may have some interest in the subject property by virtue of an
Agreement recorded May 18, 1998 at Reception No. 2613267, in the records of the Clerk and
Recorder of Weld County.
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25. Imperial Coal Company, National Fuel Company, LLC and H. Vanmater may have
some interest in the subject property by virtue of a Lease Agreement recorded November 3, 1998 at
Book 1040 at Page 360, at Reception No. 2650984, in the records of the Clerk and Recorder of
Weld County.
26. Public Service Company of Colorado may have some interest in the subject property by
virtue of an Easement recorded February 4, 1994, at Reception No. 2372429, in Book 1425, of the
records of the Clerk and Recorder of Weld County.
27. Union Pacific Land Resources Corporation n/k/a Anadarko Land Company may have
some interest in the subject property by virtue of reservations as contained in Deed Without
Warranty recorded on June 22, 1994, in Book 1447 at Page 1891, at Reception No. 02394455 of the
records of the Clerk and Recorder of Weld County.
28. Michael S. Keith,Contemporary West Development, Cynthia Olson-Woods,James
Olson and Carol Olson may have some interest in the subject property by virtue of the Lis Pendens
recorded September 20, 2000, at Reception No. 2795161 of the records of the Clerk and Recorder
of Weld County.
29. Charles Alan Linaker,Jr. may have some additional interest in the subject property by
virtue of the Judgment Transcript recorded July 25, 2003 at Reception No. 3087915.
30. Charles Alan Linaker, Jr. may have some additional interest in the subject property by
virtue of the Notice of Lis Pendens recorded April 26, 2005 at Reception No. 3280599.
31. Dacono Factory Outlet Center; CNT Family Fun Outlet, Inc., Charles R. Stedman, and
Profutura, LLC, may have some interest in the subject property by virtue of a Notice of Lis Pendens
recorded April 26, 2005 at Reception No. 3280599.
32. Petitioner requires a temporary easement on Parcel No. TE-406 and TE-406A.
33. Petitioner requires a utility easement on Parcel No. UE406-Rev.
34. 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.
35. CDOT entered into a Possession and Use Agreement with the then-owners of the
property, Oxford Development, LLC, First Dacono Development LLC and USFO, LLC on
March 6, 2001 and recorded on May 31, 2001 at Reception No. 2853228 of the records of the
Clerk and Recorder of Weld County, and a Memorandum of Agreement ("MOA") dated March
6, 2001 and recorded on May 31, 2001 at Reception No. 2853228 of the records of the Clerk and
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Recorder of Weld County. The MOA set the just compensation at $228,510 in exchange for
clear title to the property interests sought by CDOT.
36. Pursuant to the MOA, on June 19, 2001, CDOT deposited $228,510 into an
escrow account held by the Weld County Title Company as agent for Oxford Development,
LLC. Upon reviewing the title history of the subject property, the title company discovered
numerous encumbrances clouding the title. Meanwhile, CDOT, pursuant to the Possession and
Use Agreement, entered upon the property and completed the construction project that formed
the basis for its underlying condemnation.
37. Although the Weld County Title Company initially attempted to resolve the problems
with the title, eventually, it refused to issue clear title because of numerous encumbrances on the
property. The title company finally gave up completely and returned the money held in the
escrow account to CDOT on September 30, 2002. Therefore, although the then-owners and
CDOT agreed upon the amount of just compensation for the subject property, a condition of that
value was for clear title, which thus far has not been met. Therefore,the negotiations have
broken down and the parties have failed to reach agreement. Vivian v. Board of Trustees, 383
P.2d 801, 804 (Colo. 1963). Moreover, during the course of this process, foreclosures and other
legal actions have occurred resulting in additional owners now holding title to different portions
of the property.
38. 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 subject property shall be exempt from taxation so long as it is used for state
highway or other public purposes.
3. 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.
4. 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 and providing therein that no right or
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rights of access to and from said highway over and across the lines described in Exhibit"B" hereof,
shall accrue to any abutting property owner or user thereof.
5. For such other and further relief as to the Court seems just and proper.
DATED this 10th day of May, 2006.
JOHN W. SUTHERS
Attorney General
/s/Wigan Paris u diet i '
a v‘ '; �t L
LARRY1Tp. TANNENBAUM, #3552
Senior Msistant Attorney General
MEGAN PARIS RUNDLET, #27474
Assistant Attorney General
Litigation Section
Attorneys for Petitioner CDOT
Pursuant to C.R.C.P. 121, § 1-26(9), the original of this document with original signature will be
maintained in the offices of the Colorado Attorney General, /525 Sherman Street, Seventh Floor, Denver, CO
80203, and will be made available for inspection by other parties or the Court upon request.
Address of Petitioner:
4201 E. Arkansas
Denver, CO 80222
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EXHIBIT "A"
PROJECT NUMBER: NH IRCX 025-3 (109) UNIT 4
PARCEL NUMBER: 406 rev
PROJECT CODE : 91032
DATE : September 22 , 2000
LEGAL DESCRIPTION
A tract or parcel of land No. 406 rev of the Department of
Transportation, State of Colorado, Project No. NH IRCX 025-3 (109) UNIT 4
containing 4 .169 acres, more or less; being a portion of a parcel of land as
described in Book 1479, Reception 2425879 of the Weld County Clerk and
Recorder' s Office, said tract or parcel being situated in the southwest 1/4 of
Section 14, Township 1 North, Range 68 West, of the Sixth Principal Meridian,
in Weld County, Colorado, said tract or parcel being more particularly
described as follows:
Commencing at the southwest corner of said Section 14, thence along the West
line of the southwest 1/4 of said Section 14, N00°04 '23"W, a distance of
1110 .95 feet; Thence N89°55' 37"E, a distance of 100.00 feet to a point on the
westerly line of the parcel of land as described in said Book 1479, Reception
2425879, said point also being on the easterly right-of-way line of Interstate
25 as described in Book 1519 Page 241, said point being the POINT OF
BEGINNING:
1. Thence departing the westerly line of said parcel, S12°21 '38"E, a
distance of 994 .89 feet;
2 . Thence S80°07 ' 04"E, a distance of 158.31 feet;
3 . Thence being 100. 00 feet northerly of and parallel with the southerly
line of the southwest 1/4 of said Section 14, N88°31'25"E, a distance of
343 .44 feet;
4. Thence N43°44 '27"E, a distance of 141.96 feet;
5. Thence N88°31'25"E, a distance of 160.00 feet;
6. Thence S46°15'33"E, a distance of 140.88 feet;
7. Thence being 100. 00 feet northerly of and parallel with the South line
of the southwest 1/4 of said Section 14 N88°31'25"E, a distance of
654 .64 feet to a point on the northwesterly right-of-way line of the
Bull Canal as described at Book 406 page 296;
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PARCEL 406 rev ROW tt.doc
8. Thence along the northwesterly right-of-way of said Bull Canal
S49°04 '31"W, a distance of 110 .17 feet, to a point on the southerly line
of the parcel of land as described in said Book 1479, Reception 2425879,
also being a point on the northerly right-of-way line of Weld County
Road No.8;
9. Thence long the southerly line of the parcel of land as described in
said Book 1479, Reception 2425879 being the northerly right-of-way line
of said Weld County Road No.8, being 30. 00 feet northerly of and
parallel with the South line of the southwest 1/4 of said Section 14,
S88°31 '25"W, a distance of 1, 303 .12 feet;
10 .Thence continuing along the southerly line of the parcel of land as
described in said Book 1479, Reception 2425879, also being the easterly
right-of-way line of Interstate 25 as described in Book 1519 Page 241,
N80°07' 04"W, a distance of 203 .10 feet to a point on the westerly line
of the parcel of land as described in said Book 1479, Reception 2425879;
11.Thence along said westerly line, also being the easterly right-of-way
line of said Interstate 25, N08°33' 29"W, a distance of 943 .60 feet;
12 .Thence continuing along said westerly line, also being the easterly
right-of-way line of said Interstate 25, N00°04 '23"W, a distance of
101.80 feet, to the POINT OF BEGINNING;
The above described tract or parcel contains 181, 607 square feet
(4 . 169 acres) , more or less.
BASIS OF BEARING: The West line of the Northwest 1/4 of Section 14, Township
1 North, Range 68 West, 6th P.M. is monumented at the West 1/4 corner of said
Section 14 with a 3 1/4" diameter brass cap (illegible) set in a 3" diameter
open pipe with concrete, in range box. The Northwest corner of said Section 14
is monumented with a CDOT type 2A monument in Range Box "PLS 18482", per the
monument records filed on June 27th, 1997 by Bryan M. Clark, PLS 18482 . The
line from the West 1/4 corner of said Section 14 to the Northwest corner of
said Section 14 bears a project specific datum of N 00° 04 ' 29" W, with a
distance of 2,636 .65 feet, per CDOT project (NH IRCX 025-3 (109) Unit 4) ,
project code 91032 .
RAND L. SHELDON P.L.S. #34173
For and on behalf of
J.F. Sato and Associates
5898 South Rapp Street
Littleton, Co. 80120
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PARCEL 406 rev ROW #.doc
EXHIBIT "A"
PROJECT NUMBER: NH IRCX 025-3 (109) UNIT 4
PARCEL NUMBER: 406A rev
PROJECT CODE : 91032
DATE: September 22 , 2000
LEGAL DESCRIPTION
A tract or parcel of land No. 406A rev of the Department of
Transportation, State of Colorado, Project No. NH IRCX 025-3 (109) UNIT 4
containing 6.011 acres, more or less; being a portion of a parcel of land as
described in Book 1479, Reception 2425879 of the Weld County Clerk and
Recorder's Office, said tract or parcel being situated in the southwest 1/4 of
Section 14, Township 1 North, Range 68 West, of the Sixth Principal Meridian,
in Weld County, Colorado, said tract or parcel being more particularly
described as follows:
Commencing at the southwest corner of said Section 14, thence along the West
line of the southwest 1/4 of said Section 14, N00°04 ' 23"W, a distance of
1378 .64 feet; Thence N89°55 '37"E, a distance of 100.00 feet to a point on the
westerly line of the parcel of land as described in said Book 1479, Reception
2425879, said point also being on the easterly right-of-way line of Interstate
25 as described in Book 1519 Page 241, said point also being the POINT OF
BEGINNING:
1. Thence continuing along said westerly line, N00°04 '23"W, a distance of
327 .25 feet;
2 . Thence departing said westerly line, along the arc of a non-tangent
curve to the left, said curve having a central angle of 31°55 '38", an
arc length of 274.72 feet, a radius of 493 .00 feet and a chord bearing
829°54' 10"E, with a chord distance of 271. 18 feet;
3 . Thence 545°51 ' 59"E, a distance of 884 .24 feet;
4 . Thence along the arc of a curve to the right, said curve having a
central angle of 44°49'29", an arc length of 510. 87 feet, a radius of
653 .00 feet and a chord bearing 523°27 ' 15"E, with a chord distance of
497 . 94 feet;
5. Thence S01°02 '30"E, a distance of 170. 82 feet;
6. Thence 588°31 '25"W, a distance of 160.00 feet;
7. Thence N01°02 '30"W, a distance of 172 .04 feet;
1
PARCEL 406A rev ROW #.doc
8. Thence along the arc of a curve to the left, said curve having a central
angle of 44°49'29", an arc length of 385.69 feet, a radius of
493 .00 feet and a chord bearing N23°27 ' 15"W, with a chord distance of
375 .93 feet;
9. Thence N45°51 ' 59"W, a distance of 916.79 feet to the POINT OF BEGINNING:
The above described tract or parcel contains 261, 857 square feet
(6.011 acres) , more or less .
BASIS OF BEARING: The West line of the Northwest 1/4 of Section 14, Township
1 North, Range 68 West, 6th P.M. is monumented at the West 1/4 corner of said
Section 14 with a 3 1/4" diameter brass cap (illegible) set in a 3" diameter
open pipe with concrete, in range box. The Northwest corner of said Section 14
is monumented with a CDOT type 2A monument in Range Box "PLS 18482", per the
monument records filed on June 27th, 1997 by Bryan M. Clark, PLS 18482. The
line from the West 1/4 corner of said Section 14 to the Northwest corner of
said Section 14 bears a project specific datum of N 00° 04 ' 29" W, with a
distance of 2,636.65 feet, per CDOT project (NH IRCX 025-3 (109) Unit 4) ,
project code 91032 .
RAND L. SHELDON P.L.S. #34173
For and on behalf of
J.F. Sato and Associates
5898 South Rapp Street
Littleton, Co. 80120
2
PARCEL 406A rev ROW #.doc
EXHIBIT "0025 ) UNIT 4
PROJECT NUMBER: NH IRCX 33 (109(1096 rev
UTILITY EASEMENT NUMBER:
PROJECT CODE: 91032
DATE: September 22 , 2000
LEGAL DESCRIPTION
of Transportation,
UE-406 rev of the Department 2 382
Easement No. IRCX 025-3 (109) UNIT 4 containing in Book
A Utility No. NH parcel of land o described said
acres,
of Colorado, bin of a Office,i
being a portionClerk and Recorder' s 1
more or less; Weld County 1/4 of Section 14, Township
acres, of theCounty,
1479, Reception 2425879 situated in the southwest in Weld
of the Sixth Principal Meridian,
Easement being particularly described as follows:
Utility West, more
North, Range 68 Easement beingthe West
Colorado, said Utility thence along
of said Section 14, of
corner 14 N00°04'23"W, a distance on the
at the southwest 150.00 feet to a point
Commencing 5, said Section1479, Reception
line of the southwest 1/055 37 E a distance of said Book 24258Thence N89 described in of the o Union Pacific
1910.53 feet; parcel of land as Right-Of-Way
northerly line e the p on the south BEGINNING:
o int the POINT OF SBGINN
Railroad
Coalmpoany,
being a p also being
said point West line of
Railroad Company, parallel the
of and p � a with dittence
150.00 feet easterly S00°04'23 'E�
1. Thence being of said Section 14,
the southwest 1/4 a central
angle of 3
of 198 .40 feet;
2 . Thence along the having
arc of a curve to the left, said curve of
length of 240.94 feet, a radius
, 08��E, with a chord distance
°09'42 an arc 530 17
443 .00 feet and a chord bearing
of 237 .98 feet;
845°51'59"E, a distance of 884 .24 feet;
the arc of a curve to the right, said curve having a
3 . Thence
arc length of 549.98 feet, a radius of
alongwith a chorfeet, a radidistaus
of
4 . Thence angle ando 44°49'29" , an S23°27 '15"E,
central chord bearing
703.00 feet a
536 .07 feet;
5. Thence 501°02'30' E, a distance of 220 .45 feet;
6. Thence N46°15'33"W, a distance of
70.44 feet;
N01°02'30"W, a distance of 170.82 feet;
7 . Thence said curve having a central
the arc of a curve to the left, of
length of 510 .87 feet, a radius
B. Thence along with a chord distance
angle of 44°49'29" , an arc
653 .00 feet and a chord bearing N23°27 '15"W,
of 497 .94 feet;
9. Thence N45°51' 59"W,
a distance of 884.24 feet; PARCEL 406 rev UE #.doc
1
10 .Thence along the arc of a curve to the right, said curve having a
central angle of 31°55 '38", an arc length of 274.72 feet, a radius of
493 .00 feet and a chord bearing N29°54 ' 10"W, with a chord distance of
271.18 feet, to a point on the westerly line of the parcel of land as
described in said Book 1479, Reception 2425879, also being on the
easterly right-of-way line of Interstate 25 as described in Book 1519
Page 241;
11.Thence along said westerly line, NOO°04 '23"W, a distance of 215.29 feet
to a point on the northerly line of the parcel of land as described in
said Book 1479, Reception 2425879, also being the south Right-Of-Way
line of the Union Pacific Railroad Company;
12 .Thence departing said westerly line, along said south line, on the arc
of a non-tangent curve to the left, said curve having a central angle of
01°00' 17", an arc length of 51.12 feet, a radius of 2914 .93 feet, as
based on the existing track centerline, and a chord bearing 578°03' 08"E,
with a chord distance of 51.11 feet to the POINT OF BEGINNING;
The above-described Utility Easement contains 103, 745 square feet
(2.382 acres) , more or less.
The purpose of the above referenced Utility Easement is for a common utility
easement to accommodate relocated and future utilities.
BASIS OF BEARING: The West line of the Northwest 1/4 of Section 14, Township
1 North, Range 68 West, 6th P.M. is monumented at the West 1/4 corner of said
Section 14 with a 3 1/4" diameter brass cap (illegible) set in a 3" diameter
open pipe with concrete, in range box. The Northwest corner of said Section 14
is monumented with a CDOT type 2A monument in Range Box "PLS 18482", per the.
monument records filed on June 27th, 1997 by Bryan M. Clark, PLS 18482 . The
line from the West 1/4 corner of said Section 14 to the Northwest corner of
said Section 14 bears a project specific datum of N 00° 04 ' 29" W, with a
distance of 2,636.65 feet, per CDOT project (NH IRCX 025-3 (109) Unit 4) ,
project code 91032.
RAND L. SHELDON P.L.S. #34173
For and on behalf of
J.F. Sato and Associates
5898 South Rapp Street
Littleton, Co. 80120
PARCEL 406 rev BE #.doc
2
EXHIBIT "A"
PROJECT NUMBER: NH IRCX 025-3 (109) UNIT 4
TEMPORARY EASEMENT NUMBER: TE-406
PROJECT CODE : 91032
DATE : February 21 , 2001
LEGAL DESCRIPTION
A Temporary Easement No. TE-406 of the Department of Transportation,
State of Colorado, Project No. NH IRCX 025-3 (109) UNIT 4 containing 0.068
acres, more or less; being a portion of a parcel of land as described in Book
1479, Reception 2425879 of the Weld County Clerk and Recorder' s Office, said
Temporary Easement being situated in the southwest 1/4 of Section 14, Township
1 North, Range 68 West, of the Sixth Principal Meridian, in Weld County,
Colorado, said Temporary Easement being more particularly described as
follows:
Commencing at the southwest corner of said Section 14, thence along the
south line of the southwest 1/4 of said Section 14, N88°31'25"E, a distance
of 1368. 10 feet; Thence N01°28 '35"W, a distance of 100.00 feet to the POINT
OF BEGINNING:
1. Thence NO1°28 '35"W, a distance of 45 . 00 feet;
2. Thence N88°31 '25"E, a distance of 66 . 00 feet;
3 . Thence S01°28 '35"E, a distance of 45 .00 feet;
4. Thence 588°31 '25"W, a distance of 66.00 feet to the POINT OF BEGINNING.
The above-described Temporary Easement contains 2, 970 square feet (0.068
acres) , more or less.
The purpose of the above referenced Temporary Easement if for the construction
of an access drive approach.
BASIS OF BEARING: The West line of the Northwest 1/4 of Section 14, Township
1 North, Range 68 West, 6th P.M. is monumented at the West 1/4 corner of said
Section 14 with a 3 1/4" diameter brass cap (illegible) set in a 3" diameter
open pipe with concrete, in range box. The Northwest corner of said Section 14
is monumented with a CDOT type 2A monument in Range Box "PLS 18482" , per the
monument records filed on June 27th, 1997 by Bryan M. Clark, PLS 18482. The
line from the West 1/4 corner of said Section 14 to the Northwest corner of
said Section 14 bears a project specific datum of N 00° 04' 29" W, with a
distance of 2,636.65 feet, per CDOT project (NH IRCX 025-3 (109) Unit 4) ,
project code 91032 .
Rand L. Sheldon P.L.S. #34173
For and on behalf of
J.F. Sato and Associates
5898 South Rapp Street
Littleton, Co. 80120
PARCEL 406 TE #.doc
1
EXHIBIT "A"
PROJECT NUMBER: NH IRCX 025-3 (109) UNIT 4
TEMPORARY EASEMENT NUMBER: TE-406A
PROJECT CODE : 91032
DATE: February 21, 2001
LEGAL DESCRIPTION
A Temporary Easement No. TE-406A of the Department of Transportation,
State of Colorado, Project No. NH IRCX 025-3 (109) UNIT 4 containing 0.476
acres, more or less; being a portion of a parcel of land as described in Book
1479, Reception 2425879 of the Weld County Clerk and Recorder' s Office, said
Temporary Easement being situated in the southwest 1/4 of Section 14, Township
1 North, Range 68 West, of the Sixth Principal Meridian, in Weld County,
Colorado, said Temporary Easement being more particularly described as
follows:
Commencing at the southwest corner of said Section 14, thence along the
west line of the southwest 1/4 of said Section 14, N00°04 '23"W, a distance
of 234 .34 feet; Thence N89°55' 37"E, a distance of 290. 93 feet to the POINT
OF BEGINNING:
1. Thence 566°50 '24"E, a distance of 197.06 feet;
2 . Thence N88°31 '25"E, a distance of 204.39 feet;
3 . Thence S01°28 '35"E, a distance of 45.00 feet;
4 . Thence 588°31 '25"W, a distance of 209.85 feet;
5. Thence N80°07 '04"W, a distance of 158.31 feet;
6. Thence N12°21 '38"W, a distance of 97 .72 feet to the POINT OF BEGINNING.
The above-described Temporary Easement contains 20, 735 square feet (0.476
acres) , more or less.
The purpose of the above referenced Temporary Easement is for the construction
of a temporary detour.
PARCEL 406A TE #.doc
1
BASIS OF BEARING: The West line of the Northwest 1/4 of Section 14, Township
1 North, Range 68 West, 6th P.M. is monumented at the West 1/4 corner of said
Section 14 with a 3 1/4" diameter brass cap (illegible) set in a 3" diameter
open pipe with concrete, in range box. The Northwest corner of said Section 14
is monumented with a CDOT type 2A monument in Range Box "PLS 18482", per the
monument records filed on June 27th, 1997 by Bryan M. Clark, PLS 18482 . The
line from the West 1/4 corner of said Section 14 to the Northwest corner of
said Section 14 bears a project specific datum of N 00° 04 ' 29" W, with a
distance of 2,636.65 feet, per CDOT project (NH IRCX 025-3 (109) Unit 4) ,
project code 91032 .
Rand L. Sheldon P.L.S. #34173
For and on behalf of
J.F. Sato and Associates
5898 South Rapp Street
Littleton, Co. 80120
PARCEL 406A TE #.doc
2
EXHIBIT "B"
PROJECT NUMBER: NH IRCX 025-3 (109) UNIT 4
PARCEL NUMBER: AC 406 rev & 406A rev
PROJECT CODE : 91032
DATE : September 22 , 2000
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any
part of the Right-of-Way of Interstate 25, a freeway established according to
the laws of the State of Colorado, and from and to any part of the real
property of the Grantor in the southwest 1/4 of Section 14, Township 1 North,
Range 68 West, of the 6th Principal Meridian, in Weld County, Colorado,
abutting upon said Highway, along or across the access line or lines described
as follows :
NH IRCX 025-3 (109) UNIT 4 AC 406 rev & 406A rev EASTERLY
(Project No. ) ( Parcel No. ) (Location of Line)
Commencing at the southwest corner of said Section 14, thence along the
West line of the southwest 1/4 of said Section 14, N00°04'23"W, a distance
of 1169.46 feet; Thence N89°55 '37"E, a distance of 315.05 feet to the
POINT OF BEGINNING:
1. Thence N45°51 ' 59"W, a distance of 300 .00 feet to a point on the westerly
line of the parcel of land as described in Book 1479, Reception 2425879,
said point also being on the easterly right-of-way line of Interstate 25
as described in Book 1519 Page 241;
2 . Thence along said westerly line, also being the easterly right-of-way
line of said Interstate 25, S00°04 '23"E, a distance of 267.69 feet;
3 . Thence departing said westerly line, S12°21 '38"E, a distance of
994.89 feet;
4. Thence 580°07 ' 04"E, a distance of 158 .31 feet;
5. Thence being 100.00 feet northerly of and parallel with the South line
of the southwest 1/4 of said Section 14, N88°31'25"E, a distance of
343 .44 feet;
6. Thence N43°44 ' 27"E, a distance of 141. 96 feet;
7. Thence N01°02 '30"W, a distance of 172 . 04 feet;
8. Thence along the arc of a curve to the left, said curve having a central
angle of 14°52 '18", an arc length of 127. 96 feet, a radius of
493 .00 feet and a chord bearing N08°28 ' 39"W, with a chord distance of
127 .60 feet;
PARCEL 406 rev & 406A rev ACC
(ALSO)
Commencing at the southwest corner of said Section 14, thence along the West
line of the southwest 1/4 of said Section 14, N00°04 '23"W, a distance of
525 . 15 feet; Thence N89°55 ' 37"E, a distance of 1051.44 feet to the POINT OF
BEGINNING:
1. Thence along the arc of a curve to the right, said curve having a
central angle of 11°20 '05", an arc length of 129.18 feet, a radius of
653. 00 feet and a chord bearing S06°42 '32"E, with a chord distance of
128. 97 feet;
2 . Thence S01°02 '30"E, a distance of 170.82 feet;
3 . Thence 546°15 '33"E, a distance of 140. 88 feet;
4 . Thence being 100. 00 feet northerly of and parallel with the South line
of the southwest 1/4 of said Section 14 N88°31 '25"E, a distance of
220 .39 feet to the center of a 24.00 foot wide opening which is being
excepted from this access limitation;
5 . Thence continuing and being 100.00 feet northerly of and parallel with
the South line of the southwest 1/4 of said Section 14 N88°31'25"E, a
distance of 434 .25 feet to a point on the northwesterly right-of-way
line of the Bull Canal as described at Book 406 page 296;
6. Thence along the northwesterly right-of-way of said Bull Canal
S49°04 '31"W, a distance of 110.17 feet, to a point on the southerly line
of the parcel of land as described in said Book 1479, Reception 2425879,
also being a point on the northerly right-of-way line of Weld County
Road No.8;
NO POINTS OF ACCESS
Excepting from this grant, the right of the Grantor to have the following
points of access at the locations set forth hereinafter, to be limited in use
by the Grantor to the width and location hereinafter designated according to
centerline stationing of the Grantee' s project number.
WIDTH CENTER OF ACCESS OPENING OPPOSITE
(24 .00' ) Right Station 259+97.7
PARCEL 406 rev & 406A rev ACC
BASIS OF BEARING: The West line of the Northwest 1/4 of Section 14, Township
1 North, Range 68 West, 6th P.M. is monumented at the West 1/4 corner of said
Section 14 with a 3 1/4" diameter brass cap (illegible) set in a 3" diameter
open pipe with concrete, in range box. The Northwest corner of said Section 14
is monumented with a CDOT type 2A monument in Range Box "PLS 18482", per the
monument records filed on June 27th, 1997 by Bryan M. Clark, PLS 18482 . The
line from the West 1/4 corner of said Section 14 to the Northwest corner of
said Section 14 bears a project specific datum of N 00° 04 ' 29" W, with a
distance of 2,636.65 feet, per CDOT project (NH IRCX 025-3 (109) Unit 4) ,
project code 91032 .
RAND L. SHELDON P.L.S. #34173
For and on behalf of
J.F. Sato and Associates
5898 South Rapp Street
Littleton, Co. 80120
PARCEL 406 rev & 406A rev ACC
DISTRICT COURT, WELD COUNTY, COLORADO
901 9th Avenue
Greeley, CO 80631
DEPARTMENT OF TRANSPORTATION, STATE OF •
COLORADO,
Petitioner,
v.
RANCHVIEW INVESTMENT CO., LLC, a Colorado
limited liability company;
BANK ONE, NA;
CHARLES ALAN LINAKER, JR., individually;
USFO, LLC, a dissolved Colorado limited liability;
OXFORD DEVELOPMENT LLC, an Arizona limited
liability company;
FIRST DACONO DEVELOPMENT, LLC, a Delaware
limited liability company;
TRIANGLE INTERNATIONAL LLC, an Arizona
limited liability company;
JAN BOMMELL, individually;
RENAISSANCE ASSET FUND INC., a Delaware
corporation;
RONALD HASSEY;
JOHN DENNY;
ARIZONA INVESTMENT ADVISORS, on behalf of
MARK D. SCHUTTNER;
ELIZABETH I. TAYLOR;
FIRST NATIONAL BANK OF ONAGA, Custodian
FBO ARCH W. FULTON, IRA;
JERRY WALKER; individually
DACONO FACTORY OUTLET CENTER, an Arizona
partnership;
CNT FAMILY FUN OUTLETS, INC., an Arizona
corporation;
PROFUTURA, LLC, a/k/a PROFUTUA, LLC
an Arizona limited liability company;
CHARLES STEDMAN, individually;
MICHAEL S. KEITH, individually;
CONTEMPORARY WEST DEVELOPMENT;
COURT USE ONLY a
CYNTHIA OLSON-WOODS, individually;
JAMES OLSON, individually;
CAROL OLSON, individually;
THE FARMERS RESERVOIR AND IRRIGATION
COMPANY, a Colorado Non-Profit Corporation;
DENVER RESERVOIR IRRIGATION COMPANY, an
Illinois corporation;
AMOCO PIPELINE ASSET COMPANY f/k/a WYCO
PIPE LINE COMPANY, a Delaware Corporation;
PAN AMERICAN PETROLEUM CORPORATION, a
Nevada corporation;
QWEST CORPORATION f/k/a MOUNTAIN STATES
TELEPHONE AND TELEGRAPH COMPANY, a
Colorado corporation;
PAN HANDLE EASTERN PIPE LINE COMPANY, LP,
a Delaware Limited Partnership;
VESSELS OIL & GAS COMPANY, a dissolved
Colorado corporation
PUBLIC SERVICE COMPANY OF COLORADO, a
Colorado corporation;
UNION PACIFIC RAILROAD COMPANY, a Delaware
Corporation;
UNION PACIFIC LAND RESOURCES
CORPORATION, n/k/a ANADARKO LAND CORP.,
a Nebraska corporation;
ROCK SPRINGS ROYALTY COMPANY, a Utah
Corporation;
NATIONAL FUEL MARKETING COMPANY; a
Colorado limited liability company;
IMPERIAL COAL COMPANY;
H. VANMATER, individually;
WELD COUNTY, a body politic and corporate;
MARY HERGERT, as Public Trustee of Weld
County; and
DONALD MUELLER, as Treasurer of Weld County
Respondents.
2
JOHN W. SUTHERS, Attorney General Case No.: 2006CV340
LARRY D. TANNENBAUM, Senior Assistant Attorney
General, Registration Number 3552*
MEGAN PARIS RUNDLET, Assistant Attorney Div.: 4
General, Registration Number 27474*
1525 Sherman Street, 5`h Floor
Denver, CO 80203
(303) 866-5129
*Counsel of Record
DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF
COMPLAINT, COUNTERCLAIM, CROSS-CLAIM OR THIRD PARTY COMPLAINT
I. 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.
❑ 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. ❑ 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.)
3
DATED this 10th day of May, 2006.
JOHN W. SUTHERS
Attorney General
/s/Mean Paris Ru d t, Esq e.P
tur.LA Y Y .TANNENBAUM,#3552
Senior A stant Attorney General
MEGAN PARIS RUNDLET#27474
Assistant Attorney General
Litigation Section
Attorneys for Petitioner CDOT
Pursuant to C'.R.C.P. 121, § 1-26(9), the original of this document with original signature will be
maintained in the offices of the Colorado Attorney General. 1525 Sherman Street, Fifth Floor, Denver,
CO, 80203, and will he 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 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. 1 I.
4
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