HomeMy WebLinkAbout971907.tifft,TL D rr'_;ITY
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DISTRICT COURT, WELD COUNTY, COLORADO
Case No. 97 CV 412, Division 1
CLERK
TO TI -F-13017-1
SUMMONS IN CONDEMNATION
DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,
Petitioner,
v.
MILTON J. KAHN and EDWIN S. KAHN;
RICHARD J. KLAMPER;
THE BOARD OF -COUNTY COMMISSIONERS OF THE COUNTY OF WELD;
AMOCO PRODUCTION COMPANY;
WILLIAM G. JONES, as Public Trustee of Weld County; and
ARTHUR L. WILLIS, II, 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. (1982). This summons is being issued pursuant to
§ 38-1-103, C.R.S. (1982). 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. (1982).
After this case has become at issue, 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. (1982).
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.
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Cc: Pw; r2; 69 (°"2)
971907
DATED this 2 /day of July, 1997.
GALE A. NORTON
Attorney General
MARTHA PHILLIPS ALLBRIGHT
Chief Deputy Attorney General
RICHARD A. WESTFALL
Solicitor General
GARTH LUCERO
Deputy Attorney General
HARRY S. MORROW
First Assistant Attorney General
MICHAEL E. KING, #21918*
Assistant Attorney General
Civil Litigation Section
1525 Sherman Street, 5th Floor
Denver, Colorado 80203
Telephone: (303) 866-5129
Facsimile: (303) 866-5360
*Counsel of record
Attorneys for Petitioner
AG File: TRDB7420.DOC
DISTRICT COURT, WELD COUNTY, COLORADO
Case No. 97 CV 412, Division 1
AMENDED PETITION IN CONDEMNATION
DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,
Petitioner,
v.
MILTON L. KAHN and EDWIN S. KAHN;
RICHARD J. KLAMPER;
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD;
AMOCO PRODUCTION COMPANY;
WILLIAM G. JONES, as Public Trustee of Weld County, and
ARTHUR L. WILLIS, II, as Treasurer of Weld County,
Respondents.
COMES NOW the Department of Transportation, State of Colorado, by Gale A. Norton,
Attorney General, and Michael E. King, Assistant Attorney General, and no Answer having
been filed, amends its Petition in Condemnation, pursuant to §38-1-104, C.R.S.
1. This is an eminent domain proceeding authorized by the provisions of tide 43,
article 1, Colorado Revised Statutes; and tide 38, article 1, Colorado Revised Statutes. Eminent
domain proceedings are expedited proceedings by virtue of § 38-1-119, C.R.S. (1982), therefore
the provisions of Rules 16 and 26, C.R.C.P do not apply.
2. The Transportation Commission, formerly the State Highway Commission of
Colorado, has determined that the improvement of a portion of State Highway Nos 119 and 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. 7, 7A, PE -7 and TE-7 Rev., 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. 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.
5. 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.
6. 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. (1993).
7. Petitioner is informed and believes that the property described in Exhibit "A" may
be owned of record by Milton L Kahn and Edwin S. Kahn, and is subject to a Deed of Trust
recorded February 16, 1990 at Reception No. 02205576, of the records of the clerk and recorder
of Weld County, in favor of Weld County and a Deed of Trust recorded March 4, 1987, at
Reception No. 02090513 of the said records in favor of Richard J. Klamper.
8. Amoco Production Company may have some interest in the property by virtue of
an Affidavit of Lease Extension or Production recorded August 6, 1975 at Reception No.
1666596, in Book 745 of the records of the Clerk and Recorder of Weld County.
9. 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.
10. 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. (1982).
11. Petitioner requires a permanent easement only on parcel No. PE -7, and a
temporary easement only on parcel No. TE-7 Rev.
12. 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.
2
13. 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.
14. 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, 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, 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
accomplishing the same.
5. For such other and further relief as to the court seems just and proper.
DATED this 2 0fay of July, 1997.
GALE A. NORTON
Attorney General
MARTHA PHILLIPS ALI.BRIGHT
Chief Deputy Attorney General
RICHARD A. WESTFALL
Solicitor General
GARTH LUCERO
Deputy Attorney General
3
HARRY S. MORROW
First Assistant Attorney General
efft
MICHAEL E. KING, #21918*
Assistant Attorney General
Civil Litigation Section
1525 Sherman Street, 5th Floor
Denver, Colorado 80203
Telephone: (303) 866-5129
Facsimile: (303) 866-5360
*Counsel of record
Attorneys for Petitioner
Address of Petitioner:
4201 E. Arkansas
Denver, Colorado 80222
AG File: TRDB7449.DOC
EXHIBIT "A"
PROJECT NUMBER: IR-IM(CX) 025-3(110)
PARCEL NUMBER: 7
PROJECT CODE: 91033
DATE: May 21, 1996
LEGAL DESCRIPTION
A tract or parcel of land No. 7 of the Department of Transportation, State of
Colorado, Project No. IR-IM(CX) 025-3(110) containing 5778.9 square meters (62203 square
feet), more or less, in the Kahn Subdivision as recorded in Book 1187, Recp. No.
02132831 of the Weld County records, in the SW 1/4 of Section 2, Township 2 North, Range
68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel
of land being more particularly described as follows:
Commencing at the SE corner of the W 1/2 of the SW 1/4 of Section 2; Thence N. 89° 47'
45" W., along the south line of the W 1/2 of the SW 1/4 of Section 2, a distance of
61.193 meters (200.76 feet) to the east line of the Kahn Subdivision; Thence N. 1° 22'
20" E., along said east line, a distance of 107.871 meters (353.91 feet) to the north
line of Lot 1, Block 2 of said Kahn Subdivision; Thence N. 89° 47' 45" W., along said
north line, a distance of 154.663 meters (507.42 feet) to the TRUE POINT OF BEGINNING;
1. Thence S. 9° 50' 52" E., a distance of 17.213 meters (56.47 feet);
2. Thence S. 25° 02' 03" E., a distance of 66.799 meters (219.16 feet);
3. Thence S. 89° 49' 00" E., a distance of 105.300 meters (345.47 feet);
4.
line of Lot 1, Block 2 of the Kahn Subdivision;
5. Thence S. 1° 22' 20" W., along said east line, a distance of 37.890 meters (124.31
feet) to the north right of way line of Weld County Road 24 as dedicated on the
Kahn Subdivision Plat in Book 1187 rec. # 02132831 of the Weld County records;
6. Thence N. 89° 47' 45" W., along said north right of way line, a distance of
181.123 meters (594.23 feet) to the existing east right of way line of Interstate
25 described in book 1500 pg 551 of the Weld County records, said line being the
same as the west line of Lot 1, Block 2 of the Kahn Subdivision;
7. Thence N. 13° 50' 14" W., along said existing east right of way line, a distance
of 87.594 meters (287.38 feet) to the north line of Lot 1, Block 2 of the Kahn
Subdivision;
Thence N. 29° 25' 43" E., a distance of 34.649 meters (113.68 feet) to the east
8. Thence S. 89° 47' 45" E., along said north line, a distance of 49.444 meters
(162.22 feet), more or less, to the TRUE POINT OF BEGINNING.
The above described Parcel contains
acres / 62203 square feet), more or less.
Basis of Bearings: All bearings are based
2, T. 2 N., R. 68 W. 6th P.M. (I 5 rebar)
of Section 2, (rebar with cap, illegible
C
epart i rat/ Transp
Myron :tlqEHnK,L
1420 2 •'s• f, S t. 433YY e ,.
•
F•JCC,��'.. : ' Q. r
It is the purpo 1`Q+ji'lard Sart • •.' _, the Plats and Descriptions necessary to acquire additional Right of Way and Easements for the Department of
Transportation • , iAtccepita. the Highway project referenced in this deed. My call to a substandard monument, per the Board of Registration for
Professional Land Su • : — _ Rule XIII, is duly noted and represents the conditions present at the time of acquisition. These monuments are to be destroyed
by the impending Highway conswcaion, and shall be referenced and upgraded during said construction.
0.578 hectares / 5778.9 square meters (1.428
on a line connecting the SW corner of Section
and the SE corner of the W 1/2 of the SW 1/4
LS No.) as bearing S. 89° 47' 45" E.
COG, Region 4, Checked By:
olorado
on
54
80631
EXHIBIT "A"
PROJECT NUMBER: IR-IM(CX) 025-3(110)
PARCEL NUMBER: 7A
PROJECT CODE: 91033
DATE: May 21, 1996
LEGAL DESCRIPTION
A tract or parcel of land No. 7A of the Department of Transportation, State of
Colorado, Project No. IR-IM(CX) 025-3(110) containing 3.9 square meters (41 square
feet) , more or less, in the Kahn Subdivision as recorded in Book 1187, Recp. No.
02132831 of the Weld County records in the SW 1/4 of Section 2, Township 2 North, Range
68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel
of land being more particularly described as follows:
Commencing at the SE corner of the W 1/2 of the SW 1/4 of Section 2; Thence N. 89° 47'
45" w., along the south line of the W 1/2 of the SW 1/4, a distance of 61.193 meters
(200.76 feet) to the east line of the Kahn Subdivision; Thence N. 1° 22' 20" E., along
said east line, a distance of 107.871 meters (353.91 feet) to the North line of Lot 1,
Block 2 of said Kahn Subdivision; Thence N. 89° 47' 45" W., along said north line, a
distance of 1.075 meters (3.53 feet) to the TRUE POINT OF BEGINNING;
1. Thence along the arc of a curve to the right having a radiusiof 230.483 meters
(756.18 feet), a distance of 7.510 meters (24.64 feet), (the chord of said arc
bears S. 6° 51' 30" E., a distance of 7.510 meters (24.64 feet) ) to the east
line of Lot 1, Block 2 of the Kahn Subdivision;
2. Thence N. 1° 22' 20" E., along said east line, a distance of 7.454 meters (24.46
feet) to the north line of said Lot 1, Block 2;
3. Thence N. 89° 47' 45" W., along said north line, a distance of 1.075 meters (3.53
feet), more or less, to the TRUE POINT OF BEGINNING. ..
The above described Parcel contains .000 hectares / 3.9 square meters (.001 acres
/ 41 square feet), more or less.
Basis of Bearings: All bearings are based
2, T. 2 N., R. 68 W. 6th P.M. (i 5 rebar)
of Section 2, (rebar with cap, illegible
and B`e *If of q' lorado
Departme t o.£-Sfranspor tt n
Myron Du net Arain95
1420 2nd ': .S,t.. Greele , toy 0631
on a line connecting the SW corner of Section
and the SE corner of the W 1/2 of the SW 1/4
LS No.) as bearing S. 89° 47' 45" E.
It is the purposeof this Find Surveyof.td the Plats and Descriptions necessary to acquire additional Right of Way and Easanents for the Deparunent of
Transportation pith* d(eophsuucdgn orthe-ghway project tefe enced it this deed. Any call to a substandard monumm4 per the Board of Registration for
Rofessiaul Land and Eigoeci , is duly noted and represents the conditions present at the time of acquisition. These monuments are to be destroyed
by the impending Highway shall be referenced and upgraded during said construction.
CGG, Repro 4, otacked By:
EXHIBIT "A"
PROJECT NUMBER: IR-IM(CX) 025-3(110)
PERMANENT EASEMENT NUMBER: PE -7
PROJECT CODE: 91033
DATE: August 27, 1996
X.EGAL DESCRIPTION
A Permanent Easement No. PE -7 of the Department of Transportation, State of
Colorado, Project No. IR-IM(CX) 025-3(110) containing 320.5 square meters (3450 square
feet), more or less, in the SW 1/4 of Section 2, Township 2 North, Range 68 West, of the
Sixth Principal Meridian, in Weld County, Colorado, said Permanent Easement being more
particularly described as follows:
Commencing at the SE corner of the W 1/2 of the SW 1/4 of Section 2; Thence N. 89. 47'
45" W., along the south line of the W 1/2 of the SW 1/4, a distance of 61.193 meters
(200.76 feet); Thence N. 26° 59' 17" W., a distance of 34.308 meters (112.56 feet) to
the TRUE POINT OF BEGINNING;
1. Thence N. 89' 49' 00" W.,
2. Thence N. 25° -02' 03" W.,
3. Thence S. 89° 49' 00" E.,
a distance
a distance
a distance
of 105.300 meters (345.47 feet);
of 3.316 meters (10.88 feet);
of 108.393 meters (355.62 feet);
4. Thence S. 29° 25' 43" W., a distance of 3.438 meters (11.28 feet), more or
less, to the TRUE POINT OF BEGINNING.
The above described Permanent Easement contains .032 hectares / 320.5 square meters
(.079 acres / 3450 square feet), more or less.
Basis of Bearings: All bearings are based on a line connecting the SW corner of Section
2, T. 2 N., R. 68 W. 6th P.M. (# 5 rebar) and the SE corner of the W 1/2 of the SW 1/4
of Section 2, (rebar with cap, illegible LS No.) as bearing S. 89° 47' 45" E.
The purpose of the above referenced Permanent Easement is to relocate an existing
irrigation ditch that is presently within existing Right of Way.
an. on
Department
Myron Duan Ho
1420 2nd. $ a
h is the purpose of ibis
Transportation prior to'
Profcaimil Lard
by the impending sway
of t ey as ado
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reeYi2y, CO.; a80;: 31
Qodurveyortops
COG, Repro 4. Cnedmd Br
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Plats and Descriptions necessary to acquire additional Right of Way and Easements for the Department of
y project referenced in this deed. Any call to a substandard monument, per the Board of Registration for
duly noted and repraents the oaditions present at the time of acquisition. These monuments are to be destroyed
be referenced and upgraded during said construction.
EXHIBIT "A"
PROJECT NUMBER: IR-IM(CX) 025-3(110)
TEMPORARY EASEMENT NUMBER: TE-7 REV
PROJECT CODE: 91033
DATE: July 8, 1997
LEGAL DESCRIPTION
A Temporary -Easement No. TE=7 REV of the Department of Transportation, State of
Colorado, Project No. IR-IM(CX) 025-3(110) containing .023 hectares (.057 acres), more
or less, in the SW 1/4 of Section 2, Township 2 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 SE corner of the W 1/2 of the SW 1/4 of Section 2; Thence N. 28° 54'
45" W., a distance of 123.449 meters (405.02 feet) to the TRUE POINT OF BEGINNING;
1. Thence N. 89° 47' 45" W., a distance of 10.000 meters (32.81 feet);
2. Thence S. 1° 24' 42" E., a distance of 22.092 meters (72.48 feet);
3. Thence S. 88°17' 40" E., a distance of 10.000 meters (32.81 feet);
4. Thence N. 1° 22' 20" E., a distance of 14.837 meters (48.68 feet);
5. Thence along the arc of a curve to the left having a radius of 230.483 meters
(756.18 feet), a distance of 7.510 meters (24.64 feet), (the chord of said arc
bears N. 6° 51' 30" W., a distance of 7.510 meters (24.64 feet) );, more or
less, to the TRUE POINT OF BEGINNING.
The above described Temporary Easement contains .023 hectares / 229.9 square meters
(.057 acres / 2474 square feet), more or less.
Basis of Bearings: All bearings are based on a line connecting the SW corner of Section
2, T. 2 N., R. 68 W. 6th P.M. (# 5 rebar) and the SE corner of the W 1/2 of the SW 1/4
of Section 2, (rebar with cap, illegible LS No.) as bearing S. 89° 47' 45" E.
The purpose of the above referenced Temporary Easement is work area for contruction of
field approach.
For and on Behalf of the Colorado
Department of Transportation
Myron Duane Hora, PLS #29754
1420 2nd. St. Greeley, CO. 80631
It is the purpose of this Land Surveyor to prepare the Plats and Descriptions necessary to acquire additional Right of Way and Easements for the Department
of Transportation prior to the construction of the Highway project referenced in this deed. Any call to a substandard monument, per the Board of Registration
for Professional Land Surveyors and Engineers Rule XIII, is duly noted and represents the conditions present at the time of acquisition. These monuments
are to be destroyed by the impending Highway construction, and shall be referenced and upgraded during said construction.
COG, Region 4. Checked By:
EXHIBIT "B"
PROJECT NUMBER: IR-IM(CX) 025-3(110)
PARCEL NUMBER: AC -7 REV
PROJECT CODE: 91033
DATE: February 4, 1997
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 any part of the real property of the
Grantor in the Kahn Subdivision as recorded in Book 1187, Recp. No. 02132831 of the Weld
County Records, the SW 1/4 of Section 2, Township 2 North, Range 68 West, of the Sixth
Principle Meridian, in Weld County, Colorado, abutting upon said Highway, along or
across the access line or lines described as follows:
IR-IM(CX1 025-3(110)
AC -7 REV Westerly
(location of Line)
Commencing at the SE corner of the W 1/2 of the SW 1/4 of Section 2; Thence N. 89° 47'
45" W., along the south line of the W 1/2 of the SW 1/4, a distance of 61.193 meters
(200.76 feet) to the east line of the Kahn Subdivision; Thence N. 1° 22' 20" E., along
said east line, a distance of 107.871 meters (353.91 feet) to the north line of Lot 1,
Block 2 of said Kahn Subdivision; Thence N. 89' 47' 45" W., along said north line, a
distance of 1.075 meters (3.53 feet) to the proposed west right of way line of the new
frontage road and the north end of an access opening being excepted from this access
limitation, and the TRUE POINT OF BEGINNING;
1. Thence along said right of way line and said access opening, along the arc of a
curve to the right having a radius of 230.483 meters (756.18 feet), a distance of
7.510 meters (24.64 feet), (the chord of said arc bears S. 6° 51' 30" E., a
distance of 7.510 meters (24.64 feet) );
2. Thence continuing along said right of way line and said access opening, S. 1' 22'
20" W., a distance of 3.978 meters (13.05 feet) to the south end of the access
opening being excepted from this access limitation;
3. Thence S. 1° 22' 20" W., a distance of 35.672 meters (117.03 feet);
4. Thence S. 29° 25' 43" W., a distance of 34.649 meters (113.68 feet);
5. Thence N. 89° 49' 00" W., a distance of 42.608 meters (139.79 feet) to the center
of a 14.02 meter (46.00 feet) emergency access opening which is being excepted
from this access limitation;
6. Thence N. 89° 49' 00" W., a distance of 62.692 meters (205.68 feet);
7. Thence N. 25' 02' 03" W., a distance of 66.799 meters (219.16 feet);
8. Thence N. 9° 50' 52" W., a distance of 17.213 meters (56.47 feet) to the north
line of Lot 1, Block 2 of said Kahn Subdivision.
The right of the Grantor to have the following points of access at the location set
forth hereinafter, to be limited in use by the Grantor to the width and location
designated according to the centerline stationing of the Grantee's Project Number: IR-
IM(CX) 025-3(110).
CENTER OF ACCESS OPENING OPPOSITE
WIDTU TT. OR RT. CENTERLINE STATION
11.488 meters (37.65 feet) RT. Frontage Rd. 119+340
14.02 meters (46.00 feet) RT. S.H. 119 0+581
Note: The centerline station for the opening at 119+340 represents the North end of the
access opening.
Basis of Bearings: All bearings are based on a line connecting the SW corner of Section
2, T. 2 N., R. 68 W. 6th P.M. (1 5 rebar) and the SE corner of the W 1/2 of the SW 1/4
of Section , -bar with cap, illegible LS No.) as bearing S. 89" 47. 45" E.
7-i
Colorado
ion
9754
CO. 80631
It is the •' • M1.. ' "p W - " to prepare the Plats and Descriptions necessary to acquire additional Right of Way and Easements for the Department
of Transportation p =-✓ ="- .- lion of the Highway project referenced in this deed. Any call to a substandard monument, per the Board of Registration
for Profeuional Land Surveyors and Engineers Rule XIII, is duly noted and represents the conditions present at the time of acquisition. These monuments
are to be destroyed by the impending Highway construction, and shall be referenced and upgraded during said construction.
COG, Region 4. Checked By:
Hello