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DISTRICT COURT, WELD COUNTY, COLORADO
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Case No. 96 CV 382 Division I
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SUMMONS IN CONDEMNATION
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Plaintiff,
v.
ZABICA FARMS, INC., a Colorado corporation, ARTHUR L. WILLIS, II, Weld County
Treasurer, THE WELD COUNTY COMMISSIONERS, ROUGH RIDER JOINT
VENTURE, a Colorado general partnership, CACHE EXPLORATION, INC., a Colorado
corporation, NICHOLAS D. FRANCIS, WILMAN INVESTMENTS, INC., a Colorado
corporation, and all unknown persons that may have or claim any interest in the subject
matter of this action,
Respondents.
THE PEOPLE OF THE STATE OF COLORADO:
TO THE ABOVE-NAMED RESPONDENTS:
You are hereby informed that this is a special statutory proceeding brought pursuant to Colorado
Revised Statutes, §§ 38-1-101 through 122. This summons is being issued pursuant to C.R.S. § 38-
1-103. Any objection 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 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 C.R.S. § 38-1-105(6)(a).
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. C.R.S. § 38-1-103.
This is an action in eminent domain as set forth in the Amended Petition in Eminent Domain
(Condemnation), a copy of which is attached hereto and made a part hereof. Also attached hereto
is Petitioner's Motion for Leave to File Amended Petition in Eminent Domain with Recitations of
Authority and an Amended Motion for Immediate Possession.
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DATED this / 7 day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, Colorado 80634
Telephone: (970) 330-6700
Fax: (970) 330-2969
By:
Fred L. Otis, #7343
CAWP601CLIEN7 AIRPORTCONDEMVABKAV SUMMONS.CON
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DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 96 CV 382 Division I
PETITIONER'S MOTION FOR LEAVE TO FILE
AMENDED PETITION IN EMINENT DOMAIN WITH
RECITATIONS OF AUTHORITY
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
ZABKA FARMS, INC., a Colorado corporation, and ROSEDALE LEASING,
Respondents.
PETITIONER, Greeley-Weld County Airport Authority, by and through its attorneys DOYLE,
OTIS, FREY & HELLERICH, LLC, by FRED L. OTIS, moves this Honorable Court for leave
to file an Amended Petition in Eminent Domain, and in support thereof states as follows:
1. The Petition on file in this matter is captioned as above stated.
2. The Petition fails to refer to certain parties who are essential to the litigation and should
have been identified in the Petition in Eminent Domain. The parties who should have been
identified are as set forth in the proposed Amended Petition in Eminent Domain, which
is attached hereto.
3. By Order dated September 3, 1996, this Court ordered the addition of the Weld County
Treasurer to this action. All other added parties are or may be interested in the subject
matter of this litigation. Rosedale Leasing should be dismissed from this action since the
successors to its interest in the Property have been determined and are named in the
Amended Petition in Eminent Domain.
4. Rule 15 of the Colorado Rules of Civil Procedure states:
. . . a party may amend his pleading only by leave of court or by
written consent of the adverse party; and leave shall be freely given
when justice so requires.
6. Section 38-1-104 of the Colorado Revised Statutes states:
. . . amendment to the petition or to any paper or record in the
cause may be permitted whenever necessary to a fair trial and final
determination of the questions involved. Should it become
necessary at any stage of the proceeding to bring a new party before
the Court, the Court has the power to make such rule or order in
relation thereto as may be deemed reasonable and proper . . .
7. Justice requires that the requested amendment be made, and said amendment is necessary
to a fair trial and final determination of the questions involved.
WHEREFORE, Petitioner requests this Honorable Court grant its Motion for Leave to File
Second Amended Petition in Eminent Domain.
DATED this / /day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, CO 80634
Phone: (970) 330-56700
Fax: (970) 330-2969
By:
Fred L. Otis, #7343
CERTIFICATE OF MAILING
I hereby certify that on this (7 (day of September, 1996, a true and correct copy of the
foregoing PETITIONER'S MOTION FOR LEAVE TO FILE AMENDED PETITION IN
EMINENT DOMAIN WITH RECITATIONS OF AUTHORITY was placed in the United
States Mail, postage prepaid, and addressed to the following:
Clyde A. Faatz, Jr., Esq.
Christopher J.W. Forrest, Esq.
HAMILTON AND FAATZ, P.C.
1600 Broadway, Suite 500
Denver, Colorado 80202
2
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 96 CV 382 Division I
ORDER
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
ZABKA FARMS, INC., a Colorado corporation, and ROSEDALE LEASING,
Respondents.
THIS MA I-11 R, having come on to be heard on Petitioner's Motion for Leave to File Amended
Petition in Eminent Domain with Recitations of Authority,
THE COURT having reviewed said Motion and believing that justice requires the requested
amendment be made, and that said amendment is necessary to a fair and final determination of the
questions involved,
DOES HEREBY GRANT Petitioner's Motion for Leave to File Amended Petition in Eminent
Domain with Recitations of Authority.
DATED this day of September, 1996.
BY THE COURT:
William L. West
District Court Judge
C:\WP6OTLIENTAIRPORT\CONDEM\ZABKA\ORD-MTN.LVE
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 96 CV 382 Division I
AMENDED PETITION IN EMINENT DOMAIN (CONDEMNATION)
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
ZABKA FARMS, INC., a Colorado corporation, ARTHUR L. WILLIS, II, Weld County
Treasurer, THE WELD COUNTY COMMISSIONERS, ROUGH RIDER JOINT
VENTURE, a Colorado general partnership, CACHE EXPLORATION, INC., a Colorado
corporation, NICHOLAS D. FRANCIS, WILMAN INVESTMENTS, INC., a Colorado
corporation, and all unknown persons that may have or claim any interest in the subject
matter of this action,
Respondents.
PEITITONER, Greeley-Weld County Airport Authority, by and through its attorneys DOYLE,
OTIS, FREY & HELLERICH, LLC, by FRED L. OTIS, for its Amended Petition In Eminent
Domain (Condemnation), pursuant to C.R.S. § 38-1-104, C.R.C.P. 15(a), and this Court's Order
dated September 3, 1996, states as follows:
1. Petitioner is a public airport authority established pursuant to the "Public Airport Authority
Act", Colorado Revised Statutes, 1973, § 41-3-101, et seq. Petitioner's principal place
of business is at the Greeley-Weld County Airport (the "Airport"), Post Office Box 727,
Greeley, CO 80632.
2. The Petitioner has determined the need to carry out an airport expansion project at the
Airport for the purpose of expanding the Airport by adding a north-south runway (the
"Project").
3. The Petitioner has determined that it is necessary, in connection with the Project, to
acquire the property described on Exhibit A, exclusive of the 1996 crop, but including the
water rights described on Exhibit A (together the "Property").
4. This action does not include the acquisition of the ownership of mineral interests, but does
include all express or implied easements for access to the surface of the Property to
explore for and remove the mineral interests and specifically this action includes the
removal of existing oil and/or gas wells on the surface of the Property, if any.
5. Zabka Farms, Inc. is the surface owner of the Property and has an ownership interest in
the minerals underlying the Property.
6. Arthur L. Willis, II, Weld County Treasurer, is named as a party to this action pursuant
to the requirements of C.R.S. § 39-3-134 and this Court's Order dated September 3, 1996.
7. The Board of County Commissioners of the County of Weld, State of Colorado may hold
an interest in the Property pursuant to the provisions of C.R.S. § 30-28-101(10)(c)(II)
inasmuch as this action may result in the creation of a parcel of land less than thirty-five
(35) acres in size.
8. Rough Rider Joint Venture, a Colorado general partnership, Cache Exploration, Inc., a
Colorado corporation, Nicholas D. Francis and Wilman Investments, Inc., a Colorado
corporation, are named parties to this action by virtue of their leasehold interests in the oil
and gas underlying the Property.
9. Certain unknown persons may have an interest in the Property which this Petitioner has
not been able to identify nor locate.
10. No persons other than those referred to in paragraphs 5 through 9 above, have any interest
in the Property.
11. The Petitioner has the right of eminent domain and this action is brought under the
provisions of C.R.S. § 38-1-101, et seq.
12. That Petitioner has made diligent efforts in good faith to secure the Property by purchase,
but has been unable to do so, because the Petitioner and the Property owner cannot agree
on the amount of compensation to be paid for the taking.
13. The Property is not presently used for any public purpose.
14. It is necessary that the Petitioner be permitted to enter immediately upon the Property and
to take possession thereof,pendense lite, for the purpose of reconstruction, surveying, and
preparation of the Property for the Project on the Airport. Since the Property is presently
being farmed, Petitioner requests that possession of the Property be transferred to
Petitioner on the date the crop is harvested and removed, but not later than December 1,
1996.
15. The Petitioner is ready, willing and able to deposit in the Registry of the Court such sum
of money, as may be determined by the Court to be necessary and proper for the
2
protection of the Respondents upon the entry of the Order for immediate possession of the
Property.
WHEREFORE, Petitioner prays:
A. That the Petitioner have judgment condemning the fee interest in the Property and access
through the surface to the minerals for the described purposes and uses, upon payment of
compensation to the Respondent, Zabka Farms, Inc., or to that Respondent and the other
parties in interest as provided by law, and for a Rule and Order granting fee ownership of
the Property to the Petitioner.
B. That the Court determine the proper deposit to be made by the Petitioner with the Court
for the taking of immediate possession of the Property, and that the Court enter an Order
of Immediate Possession, effective when the 1996 crop is harvested and removed,
authorizing the Petitioner and its contractors, agents, servants, and employees to enter
into, and without interference or hindrance from the Respondents, or any person or
persons claiming by, through or under the Respondents, to take and retain possession of
the Property and the surface access to the mineral interests.
C. That the compensation to be paid the Respondents for the Property, exclusive of the 1996
crop, be determined in the manner provided by law.
D. For such other thJ and further relief the Court may deem just and proper.
DATED this / /day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, CO 80634
Phone: (970) 330-56700
Fax: (970) 330-2969
By:
Fred L. Otis, #7343
3
/SFRTIFICATE OF MAILING
,711
I hereby certify that on this ( -kit( day of September, 1996, a true and correct copy of the
foregoing AMENDED PETITION IN EMINENT DOMAIN (CONDEMNATION) was placed
in the United States Mail, postage prepaid, and addressed to the following:
Clyde A. Faatz, Jr., Esq.
Christopher J.W. Forrest, Esq.
HAMILTON AND FAATZ, P.C.
1600 Broadway, Suite 500
Denver, Colorado 80202
4
A tract of land being a portion of the NW A and the NE%of Section 2,Township 5 North,
Range 65 West, of the 6th P.M., County of Weld, State of Colorado, being more
particularly described as follows:
Commencing at the North 1A corner of said Section 2, said point also being the point of
beginning; thence South 890 39' 46" East along the north line of the Wk of said NE% of
Section 2 a distance of 16.5 feet (1 Rod); thence South 010 30' 12" West, 16.50 feet east of
and parallel to the west line of said NE%of motion 2,a distance of 1789.07 feet to a point
which lies 1010.00 feet at right angles northerly of the centerline of Runway 27/9 at the
Greeley/Weld County Airport; thence North 740 12' 00" West and 1010.00 feet northerly
and parallel to said Runway 27/9 a distance of 974.23 feet; thence North 010 49' 02"West
and departing said line parallel to Runway 27/9, a distance of 1529.89 feet to a point on
the north line of the EM of said NW% of Section 2; thence South 890 40' 16" East and
along said north line of the E'h, a distance of 1016.39 feet to the point of beginning,
containing 37.513 acres more or less.
EXCEPT MINERAL RIGHTS.
County of Weld, State of Colorado.
WATER RIGHTS
6.42 shares New Cache La Poudre Irrigating Company
12.85 shares Sand Creek lateral
A pro rata portion of water well registration number 19499 together with the easement for access.
EXHIBIT A
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 96 CV 382 Division I
Ar1'll)AVIT WITH REGARD TO UNKNOWN INTERESTED PERSONS
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
ZABKA FARMS, INC., a Colorado corporation, ARTHUR L. WILLIS, H, Weld County
Treasurer, THE WELD COUNTY COMMISSIONERS, ROUGH RIDER JOINT
VENTURE, a Colorado general partnership, CACHE EXPLORATION, INC., a Colorado
corporation, NICHOLAS D. FRANCIS, WILMAN INVESTMENTS, INC., a Colorado
corporation, and all unknown persons that may have or claim any interest in the subject
matter of this action,
Respondents.
YOUR AFFIANT, Fred L. Otis, on behalf of Petitioner, Greeley-Weld County Airport
Authority, upon oath, deposes and states as follows:
1. That persons interested whose names are unknown may be made parties defendant by the
description of the unknown owners pursuant to C.R.S. § 38-1-102(1).
2. That search has been made of the public records of Weld County, Colorado, to determine
all persons who have an interest in the subject matter of this litigation.
3. That certain unknown persons may have or claim to have an interest in the subject matter
of this litigation and such interest or claimed interest may not be part of the public record.
FURTHER AliTIANT SAYETH NAUGHT.
Fred L. Otis
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) 7
Subscribed and sworn to before me this /�- /( day of September, 1996, by FRED L.
OTIS.
y'� ip L:// y/ I y
NotarjPublic '
;' O My cgmmission expires: �'� ;
21
S'FRTJFICATE OF MAILING
•I hereby certify that on this / f I,I day of September, 1996, a true and correct copy of the
foregoing AF'F'IDAVIT WITH REGARD TO UNKNOWN INTERESTED PERSONS was
placed in the United States Mail, postage prepaid, and addressed to the following:
Clyde A. Faatz, Jr., Esq.
Christopher J.W. Forrest, Esq.
HAMILTON AND FAATZ, P.C.
1600 Broadway, Suite 500
Denver, Colorado 80202
4
C:\W P6O\CUEN1M[A2ORICONDEM\ZABKA\AFFIDA V1.FlA
•
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 96 CV 382 Division I
AMENDED MOTION FOR IMMEDIATE POSSESSION
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
ZABKA FARMS, INC., a Colorado corporation, ARTHUR L. WILLIS, H, Weld County
Treasurer, THE WELD COUNTY COMMISSIONERS, ROUGH RIDER JOINT
VENTURE, a Colorado general partnership, CACHE EXPLORATION, INC., a Colorado
corporation, NICHOLAS D. FRANCIS, WILMAN INVESTMENTS, INC., a Colorado
corporation, and all unknown persons that may have or claim any interest in the subject
matter of this action,
Respondents.
PETTITONER, by and through its attorneys, DOYLE, OTIS, FREY & HELLERICH, LLC, by
Fred L. Otis, moves this Honorable Court for entry of an Order of Immediate Possession,
pursuant to Colorado Revised Statutes, § 38-1-105(6), as amended, authorizing and permitting the
Petitioner to take and retain possession of and to use the property interests described in the
Amended Petition filed in this proceeding during the pendency of this proceeding and until its final
conclusion. The Petitioner requests that the date of possession be the date the existing crop is
removed from the field, but not later than December 1, 1996. Petitioner further moves that this
Court determine the amount of money Petitioner is to pay into the Court, or to the Registry of the
Court, pursuant to law.
As grounds for this Motion, the Petitioner states that it is necessary and urgent for the public
convenience and necessity that Petitioner have immediate possession of the said lands to
commence construction of the Greeley-Weld County Airport Authority expansion project.
DATED this / ?day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1312 56th Avenue
Greeley, CO 80634
Phone: (970) 330-6700
Fax: (970) 330-2969
By: �-�-d
Fred L. Otis, #7343
CERTIFICATE OF MAILING
I hereby certify that on this 7 &day of September, 1996, a true and correct copy of the
foregoing AMENDED MOTIO FOR INLNLEDIATE POSSESSION was placed in the United
States Mail, postage prepaid, and addressed to:
Clyde A. Faatz, Jr., Esq.
Christopher J.W. Forrest, Esq.
HAMILTON AND FAATZ, P.C.
1600 Broadway, Suite 500
Denver, Colorado 80202
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