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DISTRICT COURT,WELD COUNTY, STATE OF COLORADO r ! Y
Case No. 96 CV 573, Div. 1
SUMMONS
TOWN OF FREDERICK, A Municipal Corporation
of the State of Colorado,
Petitioner,
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
ARTHUR L. WILLIS II, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
THE PEOPLE OF THE STATE OF COLORADO:
To the above-named Respondent,Arthur L. Willis, II,Treasurer of Weld County,
Colorado, GREETINGS:
You are hereby summoned and required to file with the Clerk of this Court an answer or
other response to the attached Petition in Condemnation. If service of the Summons and Petition in
Condemnation was made upon you within the State of Colorado, you are required to file your
answer or other response within 20 days after such service upon you. If service of the Summons
and Petition in Condemnation was made upon you outside of the State of Colorado, you are
required to file your answer or other response within 30 days after such service upon you.
You are hereby notified that this is a special statutory proceeding brought pursuant to
C.R.S. §38-1-101, et seq. This Summons is being issued pursuant to C.R.S. §38-1-103. 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 C.R.S. §38-1-109.
At an immediate possession hearing, or pursuant to a Stipulation for Immediate
Possession, the Court may authorize the petitioner to take possession of and use the property
described in the Petition in Condemnation pursuant to C.R.S. §38-1-105(6)(a).
Subsequent thereto, 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 tide vested in the petitioner according to law.
If this Summons does not contain the docket number of the civil action, then the Petition in
Condemnation may not now be on file with the Clerk of this Court. The Petition in Condemnation
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
Yr`
ll L?r e „4 TQ ;o9 962190
2
which is attached hereto and made a part hereof. The following documents are also served
herewith: Notice of Lis Pendens, Motion for Immediate Possession of Property,Amended Motion
for Immediate Possession of Property, Notice of Hearing for Immediate Possession, Amended
Notice of Hearing, Order for Hearing on Immediate Possession and Notice to Set for Emergency
Hearing.
Dated this 4th day of November, 1996.
Respectfully submitted,
SAMSON & BROWN
A Professional Corporation
K- I
Richard E. Samson#15647
Kristin Nordeck Brown#19913
Attorneys for Petitioner
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
(303) 776-1169
DISTRICT COURT,WELD COUNTY, STATE OF COLORADO
Case No. 96 d v573 4
. .±1 a g •
PETITION IN CONDEMNATION
19:1
TOWN OF FREDERICK, A Municipal Corporation
of the State of Colorado,
Petitioner,
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
FRANCES M. LOUSTALET, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
Petitioner, the Town of Frederick, Weld County, Colorado, by and through its attorneys,
SAMSON & BROWN, A Professional Corporation, alleges as follows for its petition in
condemnation:
PE 1Tl'ION
1. Petitioner is a Colorado Municipal Corporation organized and existing under Title 31 of
the Statutes of the State of Colorado.
2. Petitioner has authority to maintain this proceeding as set forth in Article II, Section 15
of the Colorado Constitution. Additional authority is also provided by C.R.S. 31-15-708.
Petitioner elects to follow the procedure set forth in Article 6, Title 38 of the Colorado Revised
Statutes.
3. In full compliance with Colorado law, Petitioner has undertaken a project to construct
and operate a storm sewer and drainage channel and a water line. Said project and the acquisition
of easements therefor have been approved by the Board of Trustees of the Town of Frederick.
4. Petitioner has determined that the acquisition of a permanent easement described in
Exhibit A, attached hereto and made a part hereof, is necessary for the protection and preservation
of the health, safety, welfare and convenience of the citizens of the Town of Frederick and to carry
out the public project.
5. The purposes for which the hereinabove described property is needed and is sought
constitute a public purpose.
6. Petitioner requires an order for immediate possession of the property interest described
in Exhibit A in order to proceed with the public purposes for which this interest in property is to be
acquired, all as more fully set forth herein and for the preservation and protection of the health,
safety, welfare and convenience of the citizens of the Town of Frederick.
2
7. Paul Evezich and Kathleen F. Evezich are named as party Respondents because they
may have an interest in the subject property as purported owners of the property,including, but not
limited to, the interest recorded in the records of the Clerk and Recorder of Weld County, State of
Colorado.
8. Frances M. Loustalet, Treasurer of Weld County, State of Colorado, is named as a
party respondent in this action pursuant to C.R.S. §39-3-134.
9. All unknown persons who may claim an interest in the subject property are named as
party respondents in this action as there may be others, unknown to petitioner, who may have such
an interest
10. Insofar as is known to the petitioner, there are no other persons or entities of record
interested in the subject property, as owner or otherwise,who have not been named as respondents
herein.
11. Respondents have a duty to mitigate their damages, if any, arising by reason of this
acquisition.
12. Petitioner has attempted to negotiate with the purported owners as to the value of the
property being acquired and the compensation to be paid for the property sought to be acquired for
the purposes set forth above cannot be agreed upon by the petitioner and the purported owners.
WHEREFORE, Petitioner prays:
1. That the compensation to be paid for the subject property be determined in the manner
provided by law.
2. That the court determine that the proper deposit be paid by the Petitioner to the court for
taking possession of the subject property interest described in Exhibit A, and enter an order
authorizing the Petitioner and its contractors, agents, servants or employees, and assigns to enter
into, take and retain possession of said property, together with the right to demolish any
improvements located thereon, and make cuts, fills, or in any other manner change the shape or
configuration of said property, 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, or under said
Respondents, or any of them.
3. That, if the ownership or interest in the subject property are not herein correctly set
forth, each of 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 or entities and the nature
and extent of their interest.
4. That the Petitioner have judgment condemning the property described hereinabove upon
payment of just compensation as provided by law, and for a rule and order conveying said
permanent easement to the Petitioner.
3
5. For such other and further relief as the court in its discretion may direct.
Dated this 157 day of November, 1996.
Respectfully submitted,
SAMSON & BROWN
A Professional Corporation
Richard E. Samson#15647
Kristin Nordeck Brown#19913
Attorneys for Petitioner
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
(303) 776-1169
LLUAL DESCRIPTION
A parcel of land located in Section 30,Township 2 North, Rango 67 West of the Sixth Principal
Meridian,County of Weld, State of Colorado being more particularly daicribed as follows:
BEGINNING at the Southwest comer of Section 30,thence South 89°38'36" East along the
South tine of said Southwest One-Quarter,a distance of 208.40 feet, Thence North 00'33'32•
East along the the East line of the Union Pacific Railroad Right-of-way parallel and 208.40 feet
East of the West line of the Southwest One•quarter of Section 30, a distance of 26.22 feet to a
point on the North line of first Street; Thence continuing along said East line North 00°33'32"
East,a distance of 230.00 feet; Thence South 89°38'36"East,a distance of 40.00 feet.'fhencc
South 14°04'29" Eust,a distance of 237.49 feet to a point on the North line of First Street,
Thence North 89°38'36" West, along said North lino a distance of 100.00 feet, to the POINT OF
&FOINNING.
Containing 16,100 square feet or 0.370 acres,more or less.
Bearings arc based on the South line of the Southwest One-Quarter being South 89°38'36' East.
' EXHIBIT
a
A
a
DISTRICT COURT,WELD COUNTY, STATE OF COLORADO
Case No. C(1,O -b,✓. /
AMENDED PETITION IN CONDEMNATION
TOWN OF FREDERICK, A Municipal Corporation
of the State of Colorado,
Petitioner,
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
ARTHUR L. WILLIS II, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
Petitioner, the Town of Frederick, Weld County, Colorado, by and through its attorneys,
SAMSON & BROWN, A Professional Corporation, alleges as follows for its petition in
condemnation:
PE IT1'ION
1. Petitioner is a Colorado Municipal Corporation organized and existing under Title 31 of
the Statutes of the State of Colorado.
2. Petitioner has authority to maintain this proceeding as set forth in Article II, Section 15
of the Colorado Constitution. Additional authority is also provided by C.R.S. 31-15-708.
Petitioner elects to follow the procedure set forth in Article 6, Title 38 of the Colorado Revised
Statutes.
3. In full compliance with Colorado law, Petitioner has undertaken a project to construct
and operate a storm sewer and drainage channel and a water line. Said project and the acquisition
of easements therefor have been approved by the Board of Trustees of the Town of Frederick.
4. Petitioner has determined that the acquisition of a permanent easement described in
Exhibit A, attached hereto and made a part hereof, is necessary for the protection and preservation
of the health, safety, welfare and convenience of the citizens of the Town of Frederick and to carry
out the public project.
5. The purposes for which the hereinabove described property is needed and is sought
constitute a public purpose.
6. Petitioner requires an order for immediate possession of the property interest described
in Exhibit A in order to proceed with the public purposes for which this interest in property is to be
acquired, all as more fully set forth herein and for the preservation and protection of the health,
safety, welfare and convenience of the citizens of the Town of Frederick.
2
7. Paul Evezich and Kathleen F. Evezich are named as party Respondents because they
may have an interest in the subject property as purported owners of the property, including, but not
limited to, the interest recorded in the records of the Clerk and Recorder of Weld County, State of
• Colorado.
8. Arthur L. Willis II, Treasurer of Weld County, State of Colorado, is named as a party
respondent in this action pursuant to C.R.S. §39-3-134.
9. All unknown persons who may claim an interest in the subject property are named as
party respondents in this action as there may be others, unknown to petitioner, who may have such
an interest.
10. Insofar as is known to the petitioner, there are no other persons or entities of record
interested in the subject property, as owner or otherwise, who have not been named as respondents
herein.
11. Respondents have a duty to mitigate their damages, if any, arising by reason of this
acquisition.
12. Petitioner has attempted to negotiate with the purported owners as to the value of the
property being acquired and the compensation to be paid for the property sought to be acquired for
the purposes set forth above cannot be agreed upon by the petitioner and the purported owners.
WHEREFORE, Petitioner prays:
1. That the compensation to be paid for the subject property be determined in the manner
provided by law.
2. That the court determine that the proper deposit be paid by the Petitioner to the court for
taking possession of the subject property interest described in Exhibit A, and enter an order
authorizing the Petitioner and its contractors, agents, servants or employees, and assigns to enter
into, take and retain possession of said property, together with the right to demolish any
improvements located thereon, and make cuts, fills, or in any other manner change the shape or
configuration of said property, 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, or under said
Respondents, or any of them.
3. That, if the ownership or interest in the subject property are not herein correctly set
forth, each of 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 or entities and the nature
and extent of their interest.
4. That the Petitioner have judgment condemning the property described hereinabove upon
payment of just compensation as provided by law, and for a rule and order conveying said
permanent easement to the Petitioner.
3
5. For such other and further relief as the court in its discretion may direct.
Dated this 4th day of November, 1996.
Respectfully submitted,
SAMSON & BROWN
A Professional Corporation 12_4 By
Richard E. Samson#15647
Kristin Nordeck Brown#19913
Attorneys for Petitioner
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
(303) 776-1169
DFSCRIPTIOfl
•
A parcel of land located in Section 30,Township 2 North, Range 67 West of the Sixth Principal
Meridian, County of Weld, State of Colorado being more particularly described as follows:
BEGINNING at the Southwest corner of Section 30 , thence South 89°38'36" East along the
South tine of said Southwest One-Quarter,a distance of208.40 feet, 'thence North 00.33'32'
East along the the East line of the Union Pacific Railroad Right-of-may parallel and 208.40 feet
East of the West line of the Southwest One-quarter of Section 30, a distance of 26.22 feet to a
point on the North line of first Street; Thence continuing along said East line North 00'33'32"
East,a distance of 230.00 feet; Thence South 89°38'36'East,a distance of 40.00 feet,Thencc
South 14°04'29" Bust,a distance of 237.49 fee:to a point on the North line of First Street,
Thence North 89°38'36" West, along said North lino a distance of 100.00 feet, la the POINT OF
BEGINNING.
Containing 16,100 square feet or 0.37(acres,more or less.
Bearings are based on the South line of the Southwest One-Quarter being South 89°38'36" Bast.
EXHIBIT
f
4 A
DISTRICT COURT,WELD COUNTY, STATE OF COLORADO
Case No. 96CV573, Div. 1
NOTICE OF LIS PENDENS
TOWN OF FREDERICK, A Municipal Corporation of the State of Colorado,
Petitioner,
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
ARTHUR L. WILLIS II, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
Please take notice that an action affecting real property has been commenced by the above-
named Petitioner, in the District Court in and for Weld County, by a Petition in Condemnation to
acquire a permanent storm sewer drainage easement and water line easement located within Weld
County, State of Colorado, and more particularly described as follows:
A parcel of land located in Section 30, Township 2 North, Range 67 West
of the Sixth Principal Meridian, County of Weld, State of Colorado being
more particularly described as follows:
BEGINNING at the Southwest corner of Section 30, thence South
89°38'36" East along the South line of said Southwest One-Quarter, a
distance of 208.40 feet, Thence North 00°33'32" East along the East line of
the Union Pacific Railroad Right-of-way parallel and 208.40 feet East of the
West line of the Southwest One-quarter of Section 30, a distance of 26.22
feet to a point on the North line of First Street; Thence continuing along said
East line North 00°33'32" East, a distance of 230.00 feet; Thence South
89°38'36" East, a distance of 40.00 feet, Thence South 14°04'29" East, a
distance of 237.49 feet to a point on the North line of First Street, Thence
North 89°38'36" West, along said North line a distance of 100.00 feet, to
the POINT OF BEGINNING.
Containing 16,100 square feet or 0.370 acres, more or less.
Bearings are based on the South line of the Southwest One-Quarter being
2
South 89°38'36" East.
Dated this iftr day of ot'Pr(,{: ,,i 1996.
Respectfully submitted,
SAMSON & BROWN
A Professional Corporation
By
Richard E. Samson#15647
Kristin Nordeck Brown#19913
Attorneys for Petitioner
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
(303) 776-1169
DISTRICT COURT COUNTY OF WELD, STATE OF COLORADO
Case No. G6 evS7'
MOTION FOR IMMEDIATE POSSESSION OF PROPERTY
1Strr ...s ;
TOWN OF FREDERICK, A Municipal Corporation of the State of Colorado,
Petitioner,
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
FRANCES M. LOUSTALET, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
Petitioner, the Town of Frederick, Weld County, Colorado, by and through its attorneys,
SAMSON & BROWN, A Professional Corporation, moves the Court for an Order granting its
Motion for Immediate Possession of Property, and in support thereof states as follows:
1. Petitioner is a Colorado Municipal Corporation organized and existing under Tide 31 of
the Statutes of the State of Colorado.
2. The Petitioner requires a permanent easement for a storm sewer and drainage channel and
a water line across the subject property as illustrated on Exhibit A attached. The purposes, uses
and other matters related thereto are fully set forth in the petition in this action.
3. The names of all persons interested in the subject property as owner or otherwise and
known to Petitioner have been named as Respondents herein and their interests are set forth in the
petition filed in this matter.
4. Petitioner's Board of Trustees, its governing body, has approved, as set forth on Exhibit
B attached, the route and construction of Petitioner's easement on and across the real estate
described herein. Petitioner has the right and authority to condemn the lands described herein and
to maintain these proceedings under C.R.S. 38-1-101, et sea.
5. All conditions precedent to the commencement and maintaining of this action by Petitioner
have been performed or have occurred.
6. Petitioner has begun construction on adjacent land and requires the proposed easement
immediately. It is therefore, necessary that Petitioner enter immediately upon and have possession
of the said lands during the pendency of this action.
7. Petitioner is ready, willing, and able to deposit in the registry of the Court such sums of
money as may be determined by the Court to be necessary and proper for the protection of
respondents upon the entry of an Order for Immediate Possession of the property described herein
pending final conclusion of this action.
WHEREFORE, Petitioner moves the Court for the following:
1. That the Court grant to Petitioner immediate possession of the property described herein
for the purposes and uses as described in the petition herein.
2. That the Court determine the amount probably sufficient to pay the sum that may
ultimately be awarded as compensation and damages for such taking to Respondents in the manner
provided by law.
Respectfully submitted,
SAMSON & BROWN
A Professional Corporation
Richard E. Samson#15647
Kristin Nordeck Brown#19913
Attorneys for Petitioner
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
(303) 776-1169
Ll:OA1 DESCRIPTION
A parcel of land located in Section 30,Township 2 North, Range 67 West of the Sixth Principal
Meridian,County of Weld, State of Colorado being more particularly described as follows:
BEGINNING at the Southwest confer of Section 30,thence South 89°38'36" East along the
South lino of said Southwest One-Quarter,a distance of 208.40 feet, Thence North 00.33'32•
East along the the Past line of the Union Pacific Railroad Right-of-way parallel and 208.40 feet
East of the West line of the Southwest One•quarter of Section 30, a distance of 26.22 feet to a
point on the North line of Viral Street; Thence continuing along said Past line North 00033'32"
East,a distance of 230.00 feet; Thence South 89°38'36"East,a distance of 40.00 feet,Thercc
South 14°04'29" East,a distance of 237.49 feet to a point on the North line of First Street,
Thence North 89°38'36" Wcst, along said North lino a distance of 100.00 feet, to the POINT OF
.EGINNING.
Containing 16,100 square feet or 0.370 acres,more or less.
Bearings arc based on the South line of the Southwest Otte-Quarter being South 89°38'36" East.
•
EXHIBIT
a A
E
a
TOWN OF FREDERICK, COLORADO
ORDINANCE NO. 448
AN ORDINANCE OF THE TOWN OF FREDERICK,
COLORADO,DETERMINING THE NECESSITY OF,
AND AUTHORIZING THE ACQUISITION OF,
CERTAIN PROPERTY BY EITHER NEGOTIATION
OR CONDEMNATION AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FREDERICK, WELD COUNTY, COLORADO,THAT:
Section 1. It is hereby determined that it is necessary for the public health, safety and
welfare that certain property be acquired for a permanent storm sewer and drainage easement and
water line. The necessary property, as hereafter described, is to be acquired by negotiation and
purchase if possible; provided, however, the condemnation of said property is hereby specifically
approved and authorized. The property sought to be acquired is to be used for municipal public
purposes.
Section 2. The Town Attorney is hereby specifically authorized and directed to take all
necessary legal measures, including condemnation, to acquire the property which is described in
the exhibit attached which is hereby determined to be necessary to be acquired for a permanent
storm sewer and drainage easement and water line. The Town Attorney is further authorized to
request immediate possession of the parcel hereinafter set forth.
Section 3. Interest to be acquired: Easement.
Owners of Record: Paul Evezich and Kathleen F. Evezich.
Legal Description: See attached.
Section 4. The parcel designated for acquisition as an easement for permanent storm sewer
and drainage and water line is acquired pursuant to C.R.S. §38-6-122.
Section 5: Emergency Measure. The Board of Trustees finds and determines that because
this Ordinance concerns the immediate and ongoing administration and operation of the Town, its
adoption as an emergency measure is necessary to the immediate preservation of the public health,
safety and welfare, and this Ordinance shall therefore take effect immediately upon adoption as
provided by law.
Section 6: Severability. If any provision of this Ordinance is found by a court of
competent jurisdiction to be invalid, the remaining provisions of this Ordinance will remain valid, it
being the intent of the Town of Frederick that the provisions of this Ordinance are severable.
INTRODUCED,READ,PASSED, ADOPTED AS AN EMERGENCY MEASURE AND
ORDERED PUBLISHED THIS a 5%11 DAY OF OCTOBER, 1996.
TOWN OF FREDERICK
Byes `" � .
Al 1hST: / Edward J. Tagliente, Ma r
By - fi1 'd� C:"' ,'f�� EXHIBIT
Karen Borkowski, Town Clerk g
/-
EXHIBIT A
j,EEGAI DESCRIPTION
•
•
A parcel of land located in Section 30,Township 2 North, Range 67 West of the Sixth Principal
Meridian,County of Weld,State of Colorado being more particularly described as follows:
BEGINNING at the Southwest comer of Section 30 , thence South 89°38'36" East along the
South lino of said Southwest One-Quarter,a distance of 208.40 feet, Thence North 00'33'32'
East along the the East line of the Union Pacific Railroad Right-of-way parallel and 208.40 teet
East of the West line of the Southwest One•quarter of Section 30, a distance of 26.22 feet to e
point on the North line of first Street; Thence continuing along said East line North 00°33'32"
East,a distance of 230.00 feet;Thence South 89°38'36"East,a distance of 40.00 feet.Thencc
South 14°04'29" Eust,n distance of 237.49 feet to a point on the North line of First Street,
Thence North 89°38'36" West, along said North lino a distance of 100.00 feet, to the POINT OF
�F�INNING.
Containing 16,100 square feet or 0.370 acres,more or less.
Bearings arc bused on the South line of the Southwest One-Quarter being South 89°38'36" Iasi.
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. ci7f.0li J t/3, ()i Y. /
AMENDED MOTION FOR IMMEDIATE POSSESSION OF PROPERTY
TOWN OF FREDERICK, A Municipal Corporation of the State of Colorado,
Petitioner,
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
ARTHUR L. WILLIS II, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
Petitioner, the Town of Frederick, Weld County, Colorado, by and through its attorneys,
SAMSON & BROWN, A Professional Corporation, moves the Court for an Order granting its
Motion for Immediate Possession of Property,and in support thereof states as follows:
1. Petitioner is a Colorado Municipal Corporation organized and existing under Tide 31 of
the Statutes of the State of Colorado.
2. The Petitioner requires a permanent easement for a storm sewer and drainage channel and
a water line across the subject property as illustrated on Exhibit A attached. The purposes, uses
and other matters related thereto are fully set forth in the petition in this action.
3. The names of all persons interested in the subject property as owner or otherwise and
known to Petitioner have been named as Respondents herein and their interests are set forth in the
petition filed in this matter.
4. Petitioner's Board of Trustees, its governing body, has approved, as set forth on Exhibit
B attached, the route and construction of Petitioner's easement on and across the real estate
described herein. Petitioner has the right and authority to condemn the lands described herein and
to maintain these proceedings under C.R.S. 38-1-101, et seq.
5. All conditions precedent to the commencement and maintaining of this action by Petitioner
have been performed or have occurred.
6. Petitioner has begun construction on adjacent land and requires the proposed easement
immediately. It is therefore, necessary that Petitioner enter immediately upon and have possession
of the said lands during the pendency of this action.
7. Petitioner is ready, willing, and able to deposit in the registry of the Court such sums of
money as may be determined by the Court to be necessary and proper for the protection of
respondents upon the entry of an Order for Immediate Possession of the property described herein
pending final conclusion of this action.
WHEREFORE,Petitioner moves the Court for the following:
1. That the Court grant to Petitioner immediate possession of the property described herein
for the purposes and uses as described in the petition herein.
2. That the Court determine the amount probably sufficient to pay the sum that may
ultimately be awarded as compensation and damages for such taking to Respondents in the manner
provided by law.
Respectfully submitted,
SAMSON & BROWN
A Professional Corporation
By ��—
Richard E. Samson#15647
Kristin Nordeck Brown#19913
Attorneys for Petitioner
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
(303) 776-1169
iAr DESCRIPTION
•
A parcel of land located in Section 30, Township 2 North, Range 67 West of the Sixth Principal
Meridian, County of Weld, State of Colorado being more particularly described as follows:
BEGINNING at the Southwest comer of Section 30 , thence South 89°38'36" East along the
South line of said Southwest One-Quartet,a distance of 208.40 feet, Thence North 00'33'32"
Eust along the the East line of the Union Pacific Railroad Right-of-way parallel and 208.40 feet
East of the West line of the Southwest One-quarter of Section 30, a chatanc of 26.22 feet to a
point on the North line of first Street; Thence continuing along said East Zinc North 00'33',2"
East, a distance of 230.00 feet; Thence South 89°38'36"East,a distance of 40.00 feet.JTtenec
South 14°04'29" Eust,a distance of 237.49 feet to a point on the North line of First Street.
Thence North 8'J°38'36" West, along said North lino a distance of 100.00 feet, to the pOINf OF
8F TINNING.
Containing 16,100 square feet or 0.370 acres,more or ICas.
Bearings arc based on the South line of the Southwest One-Quarter being South 89°38'3G" Last.
EXHIBIT
a
- r
TOWN OF FREDERICK, COLORADO
ORDINANCE NO. 448
AN ORDINANCE OF THE TOWN OF FREDERICK,
COLORADO,DETERMINING THE NECESSITY OF,
AND AUTHORIZING THE ACQUISITION OF,
CERTAIN PROPERTY BY EITHER NEGOTIATION
OR CONDEMNATION AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FREDERICK, WELD COUNTY, COLORADO, THAT:
Section 1. It is hereby determined that it is necessary for the public health, safety and
welfare that certain property be acquired for a permanent storm sewer and drainage easement and
water line. The necessary property, as hereafter described, is to be acquired by negotiation and
purchase if possible; provided, however, the condemnation of said property is hereby specifically
approved and authorized. The property sought to be acquired is to be used for municipal public
purposes.
Section 2. The Town Attorney is hereby specifically authorized and directed to take all
necessary legal measures, including condemnation, to acquire the property which is described in
the exhibit attached which is hereby determined to be necessary to be acquired for a permanent
storm sewer and drainage easement and water line. The Town Attorney is further authorized to
request immediate possession of the parcel hereinafter set forth.
Section 3. Interest to be acquired: Easement.
Owners of Record: Paul Evezich and Kathleen F. Evezich.
Legal Description: See attached.
Section 4. The parcel designated for acquisition as an easement for permanent storm sewer
and drainage and water line is acquired pursuant to C.R.S. §38-6-122.
Section 5: Emergency Measure. The Board of Trustees finds and determines that because
this Ordinance concerns the immediate and ongoing administration and operation of the Town, its
adoption as an emergency measure is necessary to the immediate preservation of the public health,
safety and welfare, and this Ordinance shall therefore take effect immediately upon adoption as
provided by law.
Section 6: Severability. If any provision of this Ordinance is found by a court of
competent jurisdiction to be invalid, the remaining provisions of this Ordinance will remain valid, it
being the intent of the Town of Frederick that the provisions of this.Ordinance are severable.
INTRODUCED, READ, PASSED, ADOPTED AS AN EMERGENCY MEASURE AND
ORDERED PUBLISHED THIS a 5 " DAY OF OCTOBER, 1996.
TOWN OF FREDERICK
J
By(-DAL tt49 cIA
A11hST: yy Edward J. Taglienie,
By ii"l-' � - EXHIBIT
Karen Borkowski. Town Clerk x B
EXHIBIT A _
•
).l{GAI DESCRIPTION
•
A parcel of land located in Section 30, Township 2 North, Range 67 West of the Sixth Principal
Meridian, County of Weld, State of Colorado being more particularly described as follows:
BEGINNING at the Southwest corner of Section 30 , thence South 89°38'J6" East along the
South lino of said Southwest One-Quarter,a distance of208.40 feet, Thence North 00'33'32"
East along the the East line of the Union Pacific Railroad Right-of--way parallel and 208.40 feet
East of the West line of the Southwest One-quarter of Section 30, a distance of 26.22 feet to e
point on the North line of First Street; Thence continuing along said East line North 00°33'32"
Last,a distance of 230.00 feet; Thence South 89°38'36"East,a distance of 40.00 feet,lhreuc
South 14°04'29" Est,a cllstanee of 237.49 feet to a point on the North line of First Street,
Thence North 89°38'36" West, along said North line a distance of 100.00 feet, to the POINT OF
&FGINNING.
Containing 16,100 square feet or 0.370 acres,more or less.
Bearings arc based on the South line of the Southwest One-Quarter being South 89°38'36" Last.
DISTRICT COURT, COUNTY OF WELD,STATE OF COLORADO
Case No. Q6(4/573 &D l
NOTICE OF HEARING FOR IMMEDIATE POSSESSION OF PROPERTY
TOWN OF FREDERICK, A Municipal Corporation of the State of Colorado,
Petitioner,
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
FRANCES M. LOUSTALET, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
TO: Respondents and to their attorneys of record.
PLEASE TAKE NOTICE that on the /2, day of -II Q, Z , 1996, at the
hour of ct too fk .M., in Division c of the above captioned Court sitting at 9th Avenue and
9th Street, Greeley, Colorado, the Court will hear and determine Plaintiffs Motion for Immediate
Possession of Property, at which time and place you may be present if you so desire. The
undersigned or a member of the office staff of the undersigned did clear and confirmsuch setting
with all opposing parties or their counsel.
Dated /7/ , 1996.
SAMSON & BROWN
A Professional Corporation
By
Richard E. Samson#15647
Kristin Nordeck Brown#19913
Attorneys for Petitioner
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
(303) 776-1169
Certificate of Mailing
I hereby certify that on , 1996, I mailed a copy of the foregoing
Notice of Hearing for Immediate Possession of Property by U.S. Mail,postage prepaid, addressed
as follows:
Frances M. Loustalet Paul Evezich
Treasurer of Weld County Kathleen F. Evezich
915 Tenth Street P.O. Box 431
Greeley, CO 80632 Fredericjc, CO 80530
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. %(7/7/5- 9, T7;<
AMENDED NOTICE OF HEARING FOR IMMEDIATE POSSESSION OF PROPERTY
TOWN OF FREDERICK, A Municipal Corporation of the State of Colorado,
Petitioner, •
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
ARTHUR L. WILLIS, II, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
TO: Respondents and to their attorneys of record.
PLEASE TAKE NOTICE that on the 12th day of November, 1996, at the hour of 9:00
A.M., in Division I of the above captioned Court sitting at 9th Avenue and 9th Street, Greeley,
Colorado, the Court will hear and determine Plaintiffs Motion for Immediate Possession of
Property, at which time and place you may be present if you so desire. The undersigned or a
member of the office staff of the undersigned did clear and confirmsuch setting with all opposing
parties or their counsel.
Dated November 4, 1996.
SAMSON & BROWN
A Professional Corporation
By )
Richard E. Samson#15647
Kristin Nordeck Brown #19913
Attorneys for Petitioner
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
(303) 776-1169
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. Q ev573 /
ORDER FOR HEARING ON IMMEDIATE POSSESSION OF PROPERTY
TOWN OF FREDERICK, A Municipal Corporation of the State of Colorado,
Petitioner,
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
FRANCES M. LOUSTALET, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
The Court, having considered Plaintiffs Motion for Immediate Possession of Property,
and being fully advised in the premises, hereby orders that a hearing be set on said Motion.
Dated at Greeley, Colorado, this �day of '-C\ru aatb.n , 1996.
District Court Judge
The Law Offices of
SAMSON & BROWN
A Professional Corporation
Richard E.Samson 515 Kimbark Street,Suite 105
Kristin Nordeck Brown P.O.Box 1079
Longmont, Colorado 80502
C.Hattie Hancock Telephone 303-776-1169
Of Counsel Facsimile 303-776-5444
Alan D.Carlson
Of Counsel
November 5, 1996
Clerk of the District Court
Weld County
P.O. Box C
Greeley, CO 80632
Re: Town of Frederick vs. Evezich, et al
Case No. 96C V573, Div. 1
Dear Clerk:
Inadvertently the name of the former Weld County Treasurer was listed in the caption.
Enclosed is a complete set of amended pleadings that changes only the name of the Treasurer.
Very truly yours,
r
'chard E. Samson
jac
Enclosures
cc: Town of Frederick
Paul and Kathleen F. Evezich (hand delivery)
Treasurer,Weld County (hand delivery)
DISTRICT COURT, COUNTY OF WELD,STATE OF COLORADO
Case No. @ PLY/c5, J/v. /
AMENDED ORDER FOR HEARING ON IMMEDIATE POSSESSION OF PROPERTY
TOWN OF FREDERICK, A Municipal Corporation of the State of Colorado,
Petitioner,
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
ARTHUR L. WILLIS, II, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
The Court, having considered Plaintiff's Motion for Immediate Possession of Property,
and being fully advised in the premises, hereby orders that a hearing be set on said Motion.
Dated at Greeley, Colorado, this day of , 1996.
District Court Judge
DISTRICT COURT BOULDER COUNTY, COLORADO
Case No. gthh C(/3 73 .QC()/
NOTICE TO SET FOR EMERGENCY HEARING
TOWN OF FREDERICK, A Municipal Corporation of the State of Colorado,
Petitioner,
vs.
PAUL EVEZICH, KATHLEEN F. EVEZICH;
FRANCES M. LOUSTALET, TREASURER OF WELD COUNTY, COLORADO;
AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY,
Respondents.
PLEASE TAKE NOTICE that on November 4, 1996, at the hour of 8:30 a.m., or as soon
thereafter as the undersigned may be heard, the undersigned counsel for Plaintiff will appear in the
above captioned Court to set an emergency hearing before the Court.
SAMSON & BROWN
A Professional Corporation
By
Richard E. Samson#15647
Attorneys for Petitioner
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
(303) 776-1169
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