HomeMy WebLinkAbout20022717.tiff DISTRICT COURT, WELD COUNTY, COLORADO
Address: 9th Street and 9th Avenue
P. O. Box 2038
Greeley, CO 80632
Plaintiff: North Weld County Water District
Defendant: Windsor Assembly of God, a Non-Profit
Corporation; Don Mueller, as Treasurer of Weld County;
and All Unknown Persons Who May Claim an Interest in
the Subject Property. ACOURT USE ONLY A
Richard T. LiPuma, Esq., #17892 Case No.
Lind, Lawrence & Ottenhoff LLP Division
1011 Eleventh Avenue
Greeley, CO 80631
(970) 353-2323
Fax: (970) 356-1111
email: rich@llolaw.com
NOTICE OF PENDING ACTION PURSUANT TO
C.R.S. § 30-28-101(10)(C)(II)
TO: THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
PLEASE TAKE NOTICE that the above-captioned action in condemnation was filed on
September 25, 2002. You may join such action as a party in interest for the purpose of raising the issue
of evasion, as set forth in part 1, Colo. Rev. Stat. § 30-28-101. If the Board of County Commissioners of
Weld County does not file an appropriate pleading within twenty days after receipt of this Notice, the
above captioned matter may proceed before the court. Thereafter,the"subdivision" and"subdivided
land"requirements shall not apply to any division of land created by the court pursuant to the law of
eminent domain, by operation of law, or by order of the court.
DATED this 2Stday of ,c6 rtEM,!>=&. , 2002.
e-FILED PER RULE 121. SIGNED COPY
ON FILE AT THE OFFICES OF
LIND NCE&OTTENHOFF LLP
Richard T. LiPuma
FARTLW WCWD\Condemnation\WindsorAssembGod\noticependingaction.wpd
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DISTRICT COURT, WELD COUNTY, COLORADO
Address: 9th Street and 9th Avenue
P. O. Box 2038
Greeley, CO 80632
Plaintiff: North Weld County Water District
Defendants: Windsor Assembly of God a Non-Profit
Corporation; Don Mueller, as Treasurer of Weld County;
and All Unknown Persons Who May Claim an Interest in
the Subject Property. ACOURT USE ONLY A
Richard T. LiPuma, Esq.,#17892 Case No.O3•et. 13-LfS
Lind, Lawrence & Ottenhoff LLP Division
1011 Eleventh Avenue
Greeley, CO 80631
(970) 353-2323
Fax: (970) 356-1111
email: rich@llolaw.com
PETITION IN CONDEMNATION AND
REQUEST FOR IMMEDIATE POSSESSION
COMES NOW the Petitioner,North Weld County Water District,by and through its
attorneys, Lind, Lawrence & Ottenhoff LLP,and for its Petition in Condemnation and Request
for Immediate Possession states and alleges as follows:
PETITION
1. Petitioner is a political subdivision of the State of Colorado, and is a special
district with the powers enumerated in Colo. Rev. Stat. § 32-1-1001 and § 32-1-1006.
2. Petitioner has the power of eminent domain to acquire real property pursuant to
Colo. Rev. Stat. § 32-1-1001(f) and Colo. Rev. Stat. § 32-1-1006(1) (e), (f).
3. In bringing this proceeding, Petitioner is complying with the procedures set forth
in Article I of Title.38, Colorado Revised Statutes.
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C
4. Petitioner is currently in the process of constructing a series of underground water
pipelines to increase water pressure and otherwise improve delivery of water to existing users
within the District(the"Project").
5. It is necessary and in the public interest that certain property be acquired by
Petitioner in Weld County for the Project.
6. The Project constitutes a public use or public purpose.
7. In order to complete the Project, Petitioner has determined that it is necessary to
acquire permanent and temporary construction easements on property in which the Respondents
have a record interest and which is generally described as: Lot"B" of recorded Exemption No.
0807-04-3-RE2581 according to the map recorded October 6, 2000, as Reception No. 2798518,
being a part of the Southwest One Quarter(SW'/) of Section Four(4), Township Six (6)North,
Range Sixty-Seven (67) West of the 6'h P.M., Weld County, Colorado. Such easements shall be
for the installation, construction, maintenance, alteration, repair, replacement, reconstruction,
operation and removal of underground pipelines and related appurtenances, fixtures or devices
used for the transportation of water.
8. Petitioner has determined that it requires a permanent easement, approximately
588 feet in length and 30 feet in width, and a temporary construction easement approximately
574 feet in length and 50 feet wide adjacent to the permanent easement on the North and East
sides. The described permanent easement will amount to an area of approximately 0.400 acres,
and the temporary construction easement will consist of approximately 0.648 acres. Both the
permanent and temporary construction easements are shown on the attached Exhibit"A" and the
specific metes and bounds descriptions are shown on attached Exhibit"B."
9. The property described above is purportedly owned of record by Respondent
Windsor Assembly of God.
10. Respondent Don Mueller, as Treasurer of Weld County, Colorado, is being joined
as a respondent pursuant to Colo. Rev. Stat. § 39-3-134.
11. All unknown persons who claim an interest in the subject property are also named
as Respondents herein.
12. The Petitioner requires an Order of Immediate Possession of the property
described above, subject to certain interests enumerated herein, in order to proceed with the
construction of the Project.
13. Petitioner is informed and believes that this action does not affect the property of
any person under guardianship or conservatorship.
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14. Petitioner has considered existing utility rights-of-way as a part of its Project and
has,to the extent practicable, placed the pipeline within such existing rights-of-way.
15. Petitioner has negotiated in good faith with the Respondents for the purchase of
the subject property, but the compensation to be paid for the property described herein cannot be
agreed upon by Petitioner and Respondents. Petitioner contends that further negotiations would
be futile.
16. Respondents have a duty to mitigate their damages, if any, arising by reason of
this acquisition.
REOUEST FOR IMMEDIATE POSSESSION
17. Petitioner incorporates and restates the allegations contained in paragraphs 1-16
above.
18. Petitioner requires an Order for immediate entry upon the property described
above so that it may commence construction of its underground water pipelines.
19. Petitioner is entitled to obtain immediate possession of the property. See Colo.
Rev. Stat. § 38-1-105(6)(a) ("At any stage of such new proceedings or of any proceedings under
this article,the court, by rule in that behalf made, may authorize the petitioner. . . to take
possession of and use said premises during the pendency and until the final conclusion of such
proceedings. . .if such petitioner pays a sufficient sum into the court, or to the clerk thereof, to
pay the compensation in that behalf when ascertained"). Petitioner will deposit an appropriate
sum into the Court Registry as determined by the Court.
CLAIMS FOR RELIEF
WHEREFORE, Petitioner prays for:
(a) determination of the proper deposit and bond pursuant to Colo. Rev. Stat. § 38-1-
101.5,to be made by the Petitioner for the taking of immediate possession of the property
described above, and upon proper hearing, entry of an Order of Immediate Possession
authorizing Petitioner and its contractors and employees to enter upon and use such property for
its purposes without interference from Respondents, their successors, assigns, heirs or
representatives, or any other person claiming by or through them, and to take and retain
possession of such property for its use during the pendency of this proceeding;
(b) entry of an Order requiring Respondents to affirmatively state any claim they may
assert in the property which is the subject matter of this action, if that claim is other than the
ownership described herein;
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(c) setting forthwith a date for hearing on Petitioner's Request for Immediate
Possession;
(d) entry of judgment condemning the property described above upon the payment of
just compensation to the Respondents or other parties-in-interest and as provided by law, and for
a Rule and Order conveying said property to Petitioner; and
(e) For such further orders and relief as may be necessary and proper to effectuate
possession of the property by the Petitioner and the taking in condemnation sought herein.
DATED this 25th day of September, 2002.
e-FILED PER RULE 121. SIGNED COPY
ON FILE AT THE OFFICES OF
LIND, L NCE & OTTENHOFF LLP
Richard T. LiPuma
•
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