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Home My WebLink About20000225 ", DISTRICT COURT, WELD COUNTY, COLORADO Case No. 99-C V-1265, Division 1 SUMMONS IN CONDEMNATION DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Petitioner, v. GLACIER, LLC, a Colorado limited liability company; THE DENVER.LAND COMPANY, a Colorado corporation; WELD COUNTY; TOWN OF FREDERICK, a municipal corporation; UNION PACIFIC RESOURCES COMPANY, a Delaware corporation, and as successor in Interest to CHAMPLIN PETROLEUM COMPANY; AMOCO PRODUCTION COMPANY, a Delaware corporation; UNITED POWER, INC., a Colorado corporation, f/k/a UNION RURAL ELECTRIC ASSOCIATION, INC. ART WILLIS, as Treasurer of Weld County, Respondents. 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. (1999). This summons is being issued pursuant to § 38-1-103, C.R.S. (1999). 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. (1999). 'f t„ji < a /i /'I 2000-0225 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. (1999). 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. (1999). If this summons does not contain the docket number of the civil action, then the petition may not now be on file with the Clerk of the Court. The petition must be filed within 10 days after the summons is served. or the Court will be without jurisdiction to proceed further and the action will be deemed dismissed without prejudice and without further notice. Information from the Court concerning this civil action may not be available until 10 days after the summons is served. This is an action in eminent domain as set forth in the Petition in Condemnation, a copy of which is attached hereto and made a part hereof. DATED this 6th day of January, 2000. KEN SALAZAR Attorney General LARRY D. TANNENBAM, 3552* Senior Assistant Attorney General Litigation Section 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Telephone: (303) 866-5129 Fax: (303) 866-5360 *Counsel of record Attorneys for Petitioner CDOT AG ALPHA: HI DH SIFIN AG File No. P.\TR\TRKARKMC\GLCR2I I.LTWm,mons It con 2 DISTRICT COURT, WELD COUNTY, COLORADO Case No.CACG1\IAD< Division / PETITION IN CONDEMNATION DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Petitioner, v. GLACIER, LLC, a Colorado limited liability company; THE DENVER LAND COMPANY, a Colorado corporation; WELD COUNTY; TOWN OF FREDERICK, a municipal corporation; UNION PACIFIC RESOURCES COMPANY, a Delaware corporation, and as successor in interest to CHAMPLIN PETROLEUM COMPANY; AMOCO PRODUCTION COMPANY, a Delaware corporation; UNITED POWER, INC., a Colorado corporation, f/k/a UNION RURAL ELECTRIC ASSOCIATION, INC. ART WILLIS, as Treasurer of Weld County, Respondents. PETITIONER, the Department of Transportation, State of Colorado, by and through its attorney, Ken Salazar, Colorado Attorney General, hereby states, 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. (1999) and, therefore, the provisions of C.R.C.P. 16 and 26(a) do not apply. 2. The Transportation Commission, formerly the State Highway Commission of Colorado, has determined that the improvement of a portion of Interstate Highway No. 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. 211 and PE-'_11, is located in the county in which this action is brought, and is fully described in Exhibit "A," attached hereto and incorporated herein by reference. 4. Said property shall be exempt from taxation the date that petitioner is granted possession thereof so long as it is used for state highway or other public purposes pursuant to §§ 43-1-204 and 43-1-214, C.R.S. (1999). 5. By resolution of the Commission, a portion of the subject interstate 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. 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 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 requires possession of the property which is the subject of this action as soon as reasonably possible in order to proceed with the construction of the highway improvement. 8. Petitioner is informed and believes that the property described in Exhibit "A" may be owned of record by Glacier, LLC, a Colorado limited liability company. Glacier, LLC may also have some right to access by virtue of an Access Deed recorded April 6, 1957 at Book 1474, Page 481 of the records of the Clerk and Recorder of Weld County. 9. 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. (1999). 2 10. The Denver Land Company, a Colorado corporation, may have some interest in the subject property by virtue of a Warranty Deed, recorded on May 28, 1910, in Book 320 at Page 181 of the records of the Clerk and Recorder of Weld County. 11. Weld County may have some interest in the subject property by virtue of a right-of-way for public roadway recorded on July 31, 1938, in Book 996 at Page 549 of the records of the Clerk and Recorder of Weld County. 12. The Town of Frederick, a municipal corporation, may have some interest in the subject property by virtue of an Annexation and Zoning Map recorded on March 3, 1999 in the records of the Clerk and Recorder of Weld County, the Final Plat. of Glacier Business Park, Amended Second Filing, recorded on December 3, 1999 in the records of the Clerk and Recorder of Weld County, Town of Frederick, Colorado Ordinance: No. 507, recorded on November 17, 1999 in the records of the Clerk and Recorder of Weld County and an Annexation Agreement, Glacier Business Park Annexation, dated February 25, 1999. 13. Union Pacific Resources Company, a Delaware corporation, and as successor in interest to Champlin Petroleum Company, a Delaware corporation, may have an interest in the subject property by virtue of a Quitclaim Deed recorded on April 14, 1971 in Book 644, Reception No. 1565712 of the records of the Clerk and Recorder of Weld County, a Mineral Deed recorded on May 14, 1974, in Book 715 at Reception No. 1636514 of said records (as successor in interest to Champlin Petroleum Company) and a Surface Owner's Agreement recorded on April 21, 1978, in Book 829 as Reception No. 1751096 of said records. (as successor in interest to Champlin Petroleum Company). 14. Amoco Production Company, a Delaware corporation, may have an interest in the subject property by virtue of a Surface Lease (Industrial) recorded on May 12, 1978, in Book 831 at Reception No. 1753300 of the records of the Clerk and Recorder of Weld County. 15. United Power, Inc., f/k/a Union Rural Electric Association, Inc. may have an interest in the subject property by virtue of an Electric Transmission or Distribution Line Right-of-Way and Easement recorded October 16, 1986 in Book 1131, Page 2158 of the records of the Clerk and Recorder of Weld County and a Right-of-Way and Easement recorded October 16, 1986 in Book 1131, Page 2160 of said records. 16. Petitioner requires a permanent easement on Parcel No. PE-211. 3 17. 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. 18. Although the parties have negotiated, they have been unable to agree upon the compensation to be paid for the land to be taken or damaged herein. 19. Respondents have the duty to take such reasonable steps under the circumstances as will minimize their damages, if any. Any damages resulting from a failure to take such reasonable steps cannot be recovered. WHEREFORE, petitioner prays: 1. That the compensation to be paid respondents be determined in the manner provided by law. 2. That the Court determine the proper deposit to be made by the petitioner with the court for the taking of possession of the property involved herein, and, to enter an Order authorizing the petitioner, and its or their contractors, agents, servants, and employees to enter into, take and retain possession of said property, together with the right to make cuts and fills thereon and to take and use therefrom any and all earth, stone, gravel and timber for construction and maintenance purposes during the pendency of this proceeding, without interference from the respondents, or any of them, or their successors, assigns, heirs, devisees, personal representatives, guests, or invitees, or any person or persons claiming, by, through and under said respondents, or any of them. 3. That the subject property shall be exempt from taxation so long as it is used for state highway or other public purposes. 4. That, if the ownerships or interest in the subject property be not herein correctly set forth, the named respondents be required to set forth by answer the extent of his, her, its, or their respective interests and the names of any other interested persons and the nature and extent of their interests. 5. That the petitioner have judgment condemning the property described in Exhibit "A" hereof for use as a portion of the highway upon payment of compensation to the respondents or other parties in interest as provided by law, together with judgment denying any ingress to or egress from the remaining land of respondents across the right of way line described in Exhibit "B" hereof, all as more particularly set forth hereinbefore, and for a Rule and Order accomplishing the same. 4 6. For such other and further relief as :o the Court seems just and proper. DATED this l day of December. 1999. KN SALAZAR Azar General /1,11A LAJ.RY D. TANNENBAUM, #3552* Srthar Assistant Attorney General Lineation rav Section • 15,5 . -pntrit Street, 5th Floor Deav', Colorado 802O3 T6ep,b m (3O3) 866-5129 Fa (a3) 866-536O *Counsel of record Arrays for Petitioner Address of Petitioner: 4201 E. Arkansas Denver, Colorado 80222 AG Alpha No.HI DH SIFIIN AG File: P:\TR\1RKARKMCIGLCR2I l.LT\peddon.lt.doc EXHIBIT "A" PROJECT NUMBER: NH-IRCX 025-3(109) UNIT 2 PARCEL NUMBER: PE-211 PROJECT CODE: 91032 DATE: April 16, 1999 DESCRIPTION A permanent easement No. PE-211 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) UNIT 2 containing 0.010 hectares (0.025 acres), more or less in the Northeast Quarter of Section 3, Township 1 North, Range 68 West of the Sixth Principal Meridian, in Weld County, State of Colorado, said parcel or tract being more particularly described as follows: Bearings are based on the West line of the Southwest Quarter, Section 11, Township 1 North, Range 68 West, Sixth P.M. assumed to bear North 00°22'47"West, 810.238 meters (2658.26 feet) monumented as follows: A found 3.25" Aluminum Cap in range box stamped " COLO DEPT OF TRANSPORTATION, T1N, R68W, S10/S11/S15/S14 1997 PLS 18482" at the - southwest corner of said Section 11; and a found 3.25" Aluminum Cap in range box stamped "8"89 1/4 Ti N, R68W, S10/S11, CHARLES B JONES, LS #22098" at the west quarter corner of said Section 11. Commencing at the East Quarter Corner of said Section 3; Thence South 89°41'06" West, a distance of 91.214 meters (299.26 feet), along the East-West Centerline of said Section 3; Thence North 06°48'28" West, a distance of 17.963 meters (58.93 feet) to the POINT OF BEGINNING; 1. Thence South 83°11'32" West, a distance of 10.000 meters (32.81 feet); 2. Thence North 06°48'28" West, a distance of 10.000 meters (32.81 feet); 3. Thence North 83°11'32" East, a distance of 10.000 meters (32.81 feet); 4. Thence South 06°48'28" East, a distance of 10.000 meters (32.81 feet), more or less, to the POINT OF BEGINNING. The above described permanent easement contains 0.010 hectares/100.0 square meters (0.025 acres/1076 square feet), more or less. Page 1 of 2 The purpose of the above described permanent easement is for irrigation maintenance. otiimiirro WSSI````,.��,,00 Rf67f61,A1' DATE:JOB OApriil 16, 1999 O.: 9659-002.2 �:;o-r' °'fi0..e0 � For and on Behalf of =� •" . �'• WESTERN STATES SURVEYING INC 7ti !% 1 • 19029 East Plaza Drive, Suite 252 •y � Parker CO 80134 �NOgOQ; a (303) 841-7436 iinrnunrpnn�"` Clyde J. Biewenga, PL.S 23032 211-PE.doc Page 2 of 2 Exhibit B PROJECT NUMBER: NH-IRCX 025-3(1097 UNIT 2 PARCEL NUMBER: AC-211 PROJECT CODE: 91032 DATE: November 24, 1999 DESCRIPTION EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 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 Section 3, Township 1 North, Range 68 West of the 6"' Principal Meridian, in Weld County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows:: Bearings are based on the West line of the Southwest Quarter, Section 11, Township 1 North, Range 68 West, Sixth P.M. assumed to bear North 00°22'47" West, 810.238 meters (2658.26 feet) monumented as follows: A found 3.25" Aluminum Cap in range box stamped " COLO DEPT OF TRANSPORTATION, T1 N, R68W, S10/S11/S15/S14 1997 PLS 18482" at the southwest corner of said Section 11; and a found 3.25"Aluminum Cap in range box stamped "8"89 1/4 TIN, R68W, S10/S11, CHARLES B JONES, LS #22098" at the west quarter corner of said Section 11. NH-IRCX 025-3(109) UNIT 2 AC-211 Westerly Commencing at the East Quarter Comer of said Section 3; Thence South 89°41'06" West, a distance of 91.214 meters (299.26 feet), along the East-West Centerline of said Section 3 to the POINT OF BEGINNING; 1. Thence North 06°48'28" West, a distance of 72.047 meters (236.37 feet); 2. Thence North 00°23'50" West, a distance of 337.563 meters (1'107.49 feet). NO POINT OF ACCESS DO Rfsj WSSI JOB NO.: 9659-002.2 ........ Sl DATE: November 24, 1999 °°r' 8/ 4,.• G For and on Behalf of WESTERN STATES SURVEYING INC n0• • 19029 East Plaza Drive, Suite 252 f•.•,'l YV :'.•4'. Parker CO 80134 /0'tfl IANaS�� (303) 841-7436 tiltsClyde J. Biewenga, PLS 23032 211•AC.doc Page 1 of 1 DISTRICT COURT, WELD COUNTY, COLORADO Case No. 99-CV-1265, Division 1 NOTICE OF IMMEDIATE POSSESSION HEARING DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Petitioner, v. GLACIER, LLC,_a Colorado limited liability company; THE DENVER LAND COMPANY, a Colorado corporation; WELD COUNTY; TOWN OF FREDERICK, a municipal corporation; UNION PACIFIC RESOURCES COMPANY, a Delaware corporation, and as successor in interest to CHAMPLIN PETROLEUM COMPANY; AMOCO PRODUCTION COMPANY, a Delaware corporation; UNITED POWER, INC., a Colorado corporation, f/k/a UNION RURAL ELECTRIC ASSOCIATION, INC. ART WILLIS, as Treasurer of Weld County, Respondents. TO THE ABOVE-NAMED RESPONDENTS: PLEASE TAKE NOTICE that, by order of the court, the request and application for immediate possession, contained in the prayer of the petition, will be heard and determination of the amount of deposit for immediate possession will be made in the above-named court at Greeley, Colorado, on March 24,2000, at 9:00 a.m.,or as soon thereafter as counsel can be heard, at which time and place you may be present if you so desire. DATED: This 6'h day of January, 1999. KEN SALAZAR Attorney General LARRY D. TANNENBAUM,#3552* Senior Assistant Attorney General Litigation Section 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Telephone: (303) 866-5129 Fax: (303) 866-5360 *Counsel of Record Attorneys for Petitioner CDOT 2 Hello