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DISTRICT COURT, COUNTY OF WELD, STATE OF COLD ,R ,,,,
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Case No. 96-CV-176 Division I
CLERK
SUMMONS - ACTION IN EMINENT DOMAIN
CITY OF EVANS, COLORADO, a Municipal Corporation,
Petitioner,
vs.
PHIL O. DOWNING, JR. ; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO -- DEPARTMENT OF SOCIAL SERVICES; WELD COUNTY TREASURER;
and WILLIAM ROBINSON,
Respondents.
THE PEOPLE OF THE STATE OF COLORADO TO THE RESPONDENT(S) NAMED
'ABOVE:
You are summoned and required to file with the Clerk of this Court an answer or
other defense to the attached Complaint within twenty (20) days after this summons
is served on you in the State of Colorado, or within thirty (30) days after this
Summons is served on you outside the State of Colorado, or by publication.
If you fail to file your answer or other defense to the Complaint in writing, as
required by Colorado Rules of civil Procedure, within the applicable time period,
judgment by default may be entered against you by the court for the relief demanded
in the Petition for Condemnation, without any further notice to you.
The following documents are also served with this Summons:
PETITION FOR CONDEMNATION
UPON YOUR FAILURE TO APPEAR AND DEFEND, THE COURT WITHOUT FURTHER NOTICE SHALL CAUSE
THE COMPENSATION-TO BE DETERMINED AND TITLE VESTE TITIONER ACCORDING TO LAW.
Dated this 1`/ day of f/a "
(
R. SON #5672
\ Att ney for Petitioner
820 13th Street
Greeley, CO 80631
Telephone: (970) 353-5508
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I 960999
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. C('(p _ CAj_(1(o Division Tr
PETITION FOR CONDEMNATION
CITY OF EVANS, COLORADO, a Municipal Corporation,
Petitioner,
vs.
PHIL O. DOWNING, JR. ; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO -- DEPARTMENT OF SOCIAL SERVICES; WELD COUNTY TREASURER;
and WILLIAM ROBINSON,
Respondents.
COMES NOW the Petitioner, City of Evans, Colorado, through its
attorney, R. Russell Anson, and hereby petitions the Court as
follows:
1 . The Petitioner, City of Evans, Colorado, is a municipal
corporation and a Home Rule City organized under the Constitution
and laws of the State of Colorado.
2 . The Respondents are the owners of or persons whomay or
have claimed an interest in, certain real property sought to be
condemned by the Petitioner.
3 . The Petitioner wishes to condemn such property in order to
acquire right-of-way for the construction of a roadway, namely that
portion of 17th Avenue that lies between 37th Street and 42nd
Street in the City of Evans , Weld County, Colorado.
4 . Such roadway is a public improvement to be constructed
pursuant to an Intergovernmental Agreement between the City of
Evans and the County of Weld, such construction having been
approved by the Petitioner passing an appropriate ordinance, a copy
of which is attached hereto, marked Exhibit "A" , and incorporated
herein by reference.
5. The Petitioner has authority to condemn such property
under the Colorado Constitution, specifically Article XX; the Home
Rule Charter of the City of Evans, specifically Section 15 . 4 ; and
Page 1 of 3 Pages
the statutes of the state of Colorado, specifically C.R. S.
38-1-101, et. seq. , C.R. S. 31-25-204, and C.R.S. 31-35-304 .
6 . The Weld County Treasurer is named a Respondent for the
reason that the Treasurer may claim an interest in the property for
any unpaid real estate taxes on the parcels of land described in
this Petition.
7 . The Petitioner and the Respondents have either failed to
agree to a purchase price or a Respondent cannot be located after
due diligence.
8 . Immediate possession of the property is required for the
reason that construction of the roadway has begun, and unnecessary
delays will increase the cost of the project. Petitioner is
prepared to deposit with the Court satisfactory compensation for
the property to be acquired.
FIRST CLAIM FOR RELIEF
9 . Petitioner herein incorporates paragraphs 1 through 8
herein as if set forth in full.
10 . The Petitioner wishes to condemn for the public purpose
aforementioned the following described property:
The easterly 20 feet of the South 322 feet of
Lot 8 of the Southeast Quarter of the
Northwest Quarter of Section 30, Township 5
North, Range 65 West of the 6th P.M. ,
according to the subdivision of lands by the
St. Louis Western Colony, County of Weld,
State of Colorado.
11 . Respondent, William Robinson, is the record title owner
of such property but his present address is unknown and although
Petitioner has made numerous attempts to locate William Robinson,
Petitioner has been unable to find him, and it is believed that he
may be deceased or living in another state.
WHEREFORE, Petitioner prays that this Court allow such
property to be condemned for the proposed public use and that
Respondent ' s compensation be assessed for the taking of such
property as provided by state law for immediate possession of such
property and for such other and further relief as this Court may
deem just and proper.
Page 2 of 3 Pages
SECOND CLAIM FOR RELIEF
12 . Petitioner herein incorporates paragraphs 1 through 8
herein as if set forth in full.
13 . The Petitioner wishes to condemn the following described
property for the aforementioned public purpose:
The easterly 10 feet of the South 161 feet of
the North 483 feet of Lot 8, of the Northeast
Quarter of the Northwest Quarter of Section
30, Township 5 North, Range 65 West of the 6th
P.M. , according to the subdivision of lands by
the St. Louis Western Colony, County of Weld,
State of Colorado.
14 . Respondent, Phil O. Downing, Jr. , is the record title
holder of the aforementioned property, and the Petitioner has made
reasonable attempts to locate Respondent, but has been unable to
locate him.
15. Board of County Commissioners of Weld County, Colorado --
Department of Social Services, has an interest in the property in
respect to a judgment lien in the amount of $2 , 085. 00 filed and
recorded on February 21 , 1986 , Book 1104 , Reception No. 2043872 .
16. Board of County Commissioners of Weld County, Colorado --
Department of Social Services, Respondent, also has an interest in
the property pursuant to a Transcript of Judgment filed and
recorded on January 13 , 1983 , Book 986, Reception No. 1914334 , in
the amount of $3 , 500. 00 , plus interest and costs.
WHEREFORE, Petitioner prays that this Court allow such
property to be condemned for the proposed public use and that
Respondent' s compensation be assessed for the taking of such
property as provided by state law for immediate possession of such
property and for such other and further relief as this Court may
deem just and proper.
DONE AND DATED this v day of , 1996.
i
ADDRESS OF PETITIONER:
Rh S LR A2 SON #5672
3700 Golden Alto ey for Petitioner
Evans, CO 80620 820 13th Street
Greeley, CO 80631
Telephone: (970) 353-5508
Page 3 of 3 Pages
Nrtt- rye kJ) IC: ii ullY Oh EVANS FAX NO. 3033395344 r, 02
CITY OF EVANS, COLORADO
ORDINANCE NO. ___92 -qc_
APPROVAL OF THE CONDEMNATION OF PROPERTY NEEDED FOR THE
EXPANSION AND CONSTRUCTION OF 17TH AVENUE
WHEREAS, the City Council of the City of Evans has previously
authorized the construction and expansion of 17th Avenue between
37th Street and 42nd Street, and
WHEREAS, for such construction and expansion, it is necessary
to acquire adequate right-of-way along that portion of 17th Avenue ,
and
WHEREAS, the City has presently negotiated successfully for
the acquisition of appropriate right-of-way with the exception of
two parcels of land of which ownership is in question, and
WHEREAS, authority for eminent domain proceedings is granted
under Section 15. 4 of the City of Evans Home Rule Charter and under
State law, and
WHEREAS , the City Attorney of the City of Evans has
recommended to the City Council that condemnation proceedings be
instituted to acquire ownership in these two parcels of land so
that the 17th Avenue project can proceed .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANS, COLORADO:
Section 1 . The Mayor and City Clerk are authorized to sign
and verify a petition and any other documents that may be required
in a condemnation action, and the City Attorney is hereby
authorized and directed to commence any and all proceedings
necessary for the condemnation of the following parcels of land :
The Easterly 10 feet of the South 161 feet of the North
483 feet of Lot 8 of the Northeast Quarter of the
Northwest Quarter of Section 30, Township 5 North, Range
65 West of the 6th P.M. , according to the Subdivision of
Lands by the St . Louis Western Colony, County of Weld,
State of Colorado.
and
The easterly 20 feet of the South 322 feet of Lot 8 of
the Southeast Quarter of the Northwest Quarter of Section
30, Township 5 North, Range 65 West of the 6th P .M. ,
according to the Subdivision of Lands by the St . Louis
Western Colony, County of Weld, State of Colorado.
- EXHIBIT
A
APR- 3-96 WED 12: 14 CITY OF EVANS FAX NO. 3033395344 P. 03.
section 2. The City Council declares that an emergency exists
for the reason that it is expected that construction for the 17th
Avenue project will commence in March and immediate possession of
the above-described parcels of land is needed to prevent any
interruption in construction.
INTRODUCED, READ, APPROVED, AND ADOPTED on first reading as an
Emergency Ordinance on this 5th day of March , 1996 .
CITY OF EVANS, COLORADO
By
or
ATTEST:
City Clerk
2 oor_oc
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