HomeMy WebLinkAbout961890.tiff DISTRICT COURT, WELD COUNTY, COLORADO +r
3
Case No. 96 CV 501 Division I r, ,.
SUMMONS IN CONDEMNATION
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Plaintiff,
v.
NOFFSINGER MANUFACTURING CO., INC., a Colorado corporation, ARTHUR L.
WILLIS, II, Weld County Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, JOHN K. TIPTON, NATALIE JEAN MILASKEY, MARIAN RUTH
TIPTON, DONALD S. TIPTON, JOHN J. TIPTON, TIMOTHY D. TIPTON a/k/a
TIMOTHY TIPTON, ROBERT E. TIPTON, UNION PACIFIC RESOURCES COMPANY,
a Delaware corporation, MERRION OIL & GAS CORPORATION, a New Mexico
corporation, GARY SANDLIN, GERRITY OIL & GAS CORPORATION, a Delaware
corporation, PANENERGY FIELD SERVICES, INC., a Colorado corporation, UNION
PACIFIC LAND RESOURCES CORPORATION, a Nebraska corporation, CHAMPLIN
PETROLEUM COMPANY, a Delaware corporation, THOMAS M. RYAN, R.S.W.
FARMS, 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, Colorado Revised Statutes. 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).
&2 : 08- 961890
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 Petition in Eminent Domain(Condemnation),
a copy of which is attached hereto and made a part hereof Also attached hereto is a Motion for
Immediate Possession filed by Petitioner and a Notice of Hearing for the immediate possession
hearing.DATED this a"`// 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
C.\WP60\CLIENMIRPOIMCGNDEMVNGFFSING\SUMtvIONS WPD
IN pun B , ' Y rYr 12)
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO r: I
Case No. q��Vir( Division _ 36 SEP 24 all : 3 7
PETITION IN EMINENT DOMAIN (CONDEMNMi1Q& }Al 01St
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
NOFFSINGER MANUFACTURING CO., INC., a Colorado corporation, ARTHUR L.
WILLIS, II, Weld County Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, JOHN K. TIPTON, NATALIE JEAN MILASKEY, MARIAN RUTH
TIPTON, DONALD S. TIPTON, JOHN J. TIPTON, TIMOTHY D. TIPTON a/k/a
TIMOTHY TIPTON, ROBERT E. dl'ION, UNION PACIFIC RESOURCES COMPANY,
a Delaware corporation, MERRION OIL & GAS CORPORATION, a New Mexico
corporation, GARY SANDLIN, GERRITY OIL & GAS CORPORATION, a Delaware
corporation, PANENERGY FIELD SERVICES, INC., a Colorado corporation, UNION
PACIFIC LAND RESOURCES CORPORATION, a Nebraska corporation, CHAMPLIN
PETROLEUM COMPANY, a Delaware corporation, THOMAS M. RYAN, R.S.W.
FARMS, INC., a Colorado corporation, and all unknown persons that may have or claim
any interest in the subject matter of this action,
Respondents.
PETITIONER, Greeley-Weld County Airport Authority, by and through its attorneys DOYLE,
OTIS, FREY & HELLERICH, LLC, by Fred L. Otis, for its Petition In Eminent Domain
(Condemnation) pursuant to C.R.S. § 38-1-102, states as follows:
1. Petitioner is a public airport authority established pursuant to the "Public Airport Authority
Act", Colorado Revised Statutes, § 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, Colorado 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 northwest-southeast 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 includes the acquisition of the ownership of mineral interests, including all
express or implied eacements for access to the surface of the Property to explore for and
remove the mineral interests and, specifically, this action includes the removal of all
existing oil and/or gas wells on the surface of the Property.
5. Noffsinger Manufacturing Co., Inc., a Colorado corporation, is the surface owner of the
Property and has ownership and landowner royalty interests 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.
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. Union Pacific Land Resources Corporation, a Nebraska corporation, is named a party to
this action by virtue of a Mineral Deed recorded May 25, 1984, in Book 1031 as
Reception No. 1968273 in the records of the Weld County Clerk and Recorder.
9. Champlin Petroleum Company, a Delaware corporation, is named a party to this action
by virtue of a Mineral Deed recorded June 26, 1984 in Book 1034 as Reception No.
1971832 in the records of the Weld County Clerk and Recorder.
10. Robert E. Tipton, Timothy D. Tipton, John J. Tipton, Donald S. Tipton, Marian Ruth
Tipton, Natalie Jean Milaskey, John K. Tipton, and Union Pacific Resources Company,
a Delaware corporation, are named parties to this action by virtue of their ownership and
landowner royalty interests in the minerals underlying the surface of the Property.
11. Gary Sandlin and Merrion Oil and Gas Corporation, a New Mexico corporation, are
named parties to this action by virtue of their overriding royalty interests in the oil and gas
produced from the Property.
12. Gerrity Oil & Gas Corporation, a Delaware corporation, is named a party to this action
by virtue of its leasehold and working interests in the oil and gas underlying and produced
from the Property.
2
13. PanEnergy Field Services, Inc., a Colorado corporation, as successor to Associated
Natural Gas, Inc., is named as a party to this action by virtue of a Notice recorded
pursuant to C.R.S. § 9-1.5-103(1) in Book 1187 as Reception No. 2132709 in the records
of the Weld County Clerk and Recorder.
14. Thomas M. Ryan and R.S.W. Farms, Inc., a Colorado corporation, are named as parties
to this action pursuant to the grant of a right of way for ditch purposes recorded on
January 2, 1901, in Book 130 at Page 441 in the records of the Weld County Clerk and
Recorder.
15. PanEnergy Field Services, Inc., a Colorado corporation, as successor to Colorado
Gathering & Processing Corp., is named as a party to this action pursuant to two separate
grants of rights of way for pipeline purposes recorded on November 13, 1985 in Book
1091 as Reception No. 2031975, and November 27, 1985, in Book 1093 as Reception No.
2033612 of the records of the Weld County Clerk and Recorder.
16. Certain unknown persons may have an interest in the Property which this Petitioner has
not been able to identify nor locate.
17. No persons other than those referred to in paragraphs 5 through 16 above have any interest
in the Property.
18. Petitioner has the right of eminent domain pursuant to C.R.S. § 41-3-106(1)(j), and this
action is brought under the provisions of Colorado Revised Statutes, § 38-1-101, et seq.
19. 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.
20. The Property is not presently used for any public purpose.
21. It is necessary that the Petitioner be permitted to enter immediately upon the Property and
to take possession thereof,pendente 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.
22. 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 protection
of the Respondents, upon the entry of the Order for Immediate Possession of the Property.
3
WHEREFORE, Petitioner prays:
A. That the Petitioner have judgment condemning the fee interest in the Property including
minerals and access through the surface to the minerals for the described purposes and
uses, upon payment of compensation to the Respondent, Noffsinger Manufacturing Co.,
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 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.
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 and further relief as the Court may deem just and proper.
DATED this ay day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, CO 80634
Phone: (970) 330-6700
Fax: (970) 330-2969
By: �
Fred L. Otis, #7343
4
A tract of land being a portion of the SW/ of Section 26, Township 6 North, Range 65
West of the 6th P.M., County of Weld, State of Colorado, being more particularly
described as follows:
Commencing at the Center / corner of said Section 26, said point also being the point of
beginning; thence South 000 08' 19" West along the east line of Lhe SW% of said Section
26 a distance of 2639.99 feet to the South / corner of said Section 26; thence North 890
46' 23" West and along the south line of the Fig of the SW' of said Section 26 a distance
of 1194.53 feet; thence North 010 49' 02" West and departing said south line a distance
of 2642.43 feet to a point on the north line of the E' of the 5W/ of said Section 26; thence
South 890 44' 21" East and along said north line a distance of 1284.71 feet to the point of
beginning, containing 75.138 acres more or less. INCLUDING MINERAL RIGHTS
WATER RIGHTS:
23.5 units Northern Colorado Water Conservancy District
8.93 shares New Cache La Poudre Irrigating Company
11.28 shares Cache La Poudre Reservoir Company
0.47 preferred rights of Fossil Creek Reservoir
EXHIBIT A
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO Far
Case No. "l e V C I Division At
Sfi rP'`Id err • -a
MOTION FOR IMMEDIATE POSSESSION
`9rx JUDIelAL DIST
GREELEY-WELD COUNTY AIRPORT AUTHORITY, ,
Petitioner,
v.
NOFFSINGER MANUFACTURING CO., INC., a Colorado corporation, ARTHUR L.
WIT I IS, II, Weld County Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, JOHN K. TIPTON, NATALIE JEAN MILASKEY, MARIAN RUTH
TIPTON, DONALD S. TIPTON, JOHN J. TIPTON, TIMOTHY D. TIPTON a/k/a
TIMOTHY TIPTON, ROBERT E. TIPTON, UNION PACIFIC RESOURCES COMPANY,
a Delaware corporation, MERRION OIL & GAS CORPORATION, a New Mexico
corporation, GARY SANDLIN, GERRITY OIL & GAS CORPORATION, a Delaware
corporation, PANENERGY FIELD SERVICES, INC., a Colorado corporation, UNION
PACIFIC LAND RESOURCES CORPORATION, a Nebraska corporation, CHAMPLIN
PETROLEUM COMPANY, a Delaware corporation, THOMAS M. RYAN, R.S.W.
FARMS, INC., a Colorado corporation, and all unknown persons that may have or claim
any interest in the subject matter of this action,
Respondents.
PETITIONER, 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 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 property 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
1812 56th Avenue
Greeley, CO 80634
Phone: (970) 330-6700
Fax: (970) 330-2969 /J
By:
Fred L. Otis, #7343
C:\W tiocu r WRrownc0ND4i\N0FFSING\mm-R.ALP0s
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
By: --cell
Fred L. Otis, #7343
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 96 CV 501 Division I
NOTICE OF HEARING
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
NOFFSINGER MANUFACTURING CO., INC., a Colorado corporation, ARTHUR L.
WILLIS, II, Weld County Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, JOHN K. TIPTON, NATALIE JEAN MILASKEY, MARIAN RUTH
TIPTON, DONALD S. TIPTON, JOHN J. TIPTON, TIMOTHY D. TIPTON a/k/a
TIMOTHY TIPTON, ROBERT E. TIPTON, UNION PACIFIC RESOURCES COMPANY,
a Delaware corporation, MERRION OIL & GAS CORPORATION, a New Mexico
corporation, GARY SANDLIN, GERRITY OIL & GAS CORPORATION, a Delaware
corporation, PANENERGY FIELD SERVICES, INC., a Colorado corporation, UNION
PACIFIC LAND RESOURCES CORPORATION, a Nebraska corporation, CHAMPLIN
PETROLEUM COMPANY, a Delaware corporation, THOMAS M. RYAN, R.S.W.
FARMS, INC., a Colorado corporation, and all unknown persons that may have or claim
any interest in the subject matter of this action,
Respondents.
TO THE RESPONDENTS NAMED ABOVE:
PLEASE TAKE NOTICE that on Friday, the 29th day of November, 1996 at 1:30 o'clock
P.M., or as soon thereafter as counsel can be heard, the undersigned will ask the above-captioned
Court to hear and determine Petitioner's Motion for Immediate Possession, a copy of which is
attached to a copy of this Notice served upon you, and to enter the necessary Orders for
possession of and use of the real property described in the Petition in Eminent Domain filed
herein, pending the final conclusion of this action.
rr,_'
DISTRICT COURT, WELD COUNTY, COLORADO
,.�.� n. I LI
Case No. 96 CV 499 Division Iel_r7K
tv
SUMMONS IN CONDEMNATION
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Plaintiff,
v.
BYERS C. CLARK, CHARLOTTE J. CLARK, ARTHUR L. WILLIS, II, Weld County
Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, UNION
PACIFIC RAILROAD COMPANY, NORWEST BANK OF GREELEY, N.A., JOHN
GOSNEY, FAIRWAY ENERGY CORPORATION, AUDREY A. HENKEL, MARJORIE
P. JOHNSON, LITTLE WILL ROYALTY POOL, Nanette Bateman, Trustee, LITTLE
WILL TRUST, W.E. Andrau, Trustee, MELVIN R. HOUX, THOMAS G. BATEMAN,
SUZANNE L. FRIZZELL, Custodian for Taylor Frizzell and Sharma Frizzell, W.E.
ANDRAU, FALCON INTEREST, INC., THE ANDRAU/CMI VENTURE #1, CMI
VENTURE, DEVANE CLARKE, JOSEPH GOODWIN, FIRST GULFCORPORATION
LIMITED, FALCON-ANDRAU ENERGY, INC. 1994 DRILLING PROGRAM, OLIVE
KATHLEEN JACKSON, SENTRY OILFIELD EQUIPMENT, INC., LITTLE WILL
DEVELOPMENT, LTD, OWL CREEK INVESTMENTS, PLC, and all unknown persons
who 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 Petition in Eminent Domain (Condemnation),
a copy of which is attached hereto and made a part hereof. Also attached hereto is a Motion for
Immediate Possession filed by Petitioner and a Notice of Hearing for the immediate possession
hearing.
DATED this 2 '/ 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
C:\WP60\CLI;N AIRPORTCONDEM\CLARK\SUMMONS CON
DISTRICT COURT, F'r Eta ,mT,WELD COUNTY, STATE OF COLORADO fi y
Case No.q67&' `1 l Division
r--
PETITION IN EMINENT DOMAIN (CONDE ? 19 CjAI PtSY.
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
BYERS C. CLARK, CHARLOTTE J. CLARK, ARTHUR L. WILLIS, H, Weld County
Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, UNION
PACIFIC RAILROAD COMPANY, NORWEST BANK OF GREELEY, N.A., JOHN
GOSNEY, FAIRWAY ENERGY CORPORATION, AUDREY A. HENKEL, MARJORIE
P. JOHNSON, LITTLE WILL ROYALTY POOL, Nanette Bateman, Trustee, LITTLE
WILL TRUST, W.E. Andrau, Trustee, MELVIN R. HOUR, THOMAS G. BATEMAN,
SUZANNE L. FRIZZELL, Custodian for Taylor Frizzell and Shanna Frizzell, W.E.
ANDRAU, FALCON INTEREST, INC., THE ANDRAU/CMI VENTURE #1, CMI
VENTURE, DEVANE CLARKE, JOSEPH GOODWIN, FIRST GULFCORPORATION
LIMITED, FALCON-ANDRAU ENERGY, INC. 1994 DRILLING PROGRAM, OLIVE
KATHLEEN JACKSON, SENTRY OILFIELD EQUIPMENT, INC., LITTLE WILL
DEVELOPMENT, LTD, OWL CREEK INVESTMENTS, PLC, and all unknown persons
who may have or claim any interest in the subject matter of this action,
Respondents.
PETITIONER, Greeley-Weld County Airport Authority, by and through its attorneys DOYLE,
OTIS, FREY & HELLERICH, LLC, by Fred L. Otis, for its Petition In Eminent Domain
(Condemnation) pursuant to C.R.S. § 38-1-102, states as follows:
1. Petitioner is a public airport authority established pursuant to the "Public Airport Authority
Act", Colorado Revised Statutes, § 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, Colorado 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 northwest-southeast runway
(the "Project").
1
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 includes the acquisition of the ownership of mineral interests, including 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 the
existing oil and/or gas well on the surface of the Property.
5. Byers C. Clark and Charlotte J. Clark are the surface owners of the Property and have
ownership and landowner royalty interests 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.
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. The Union Pacific Railroad Company is the successor to the Denver Pacific Railroad and
Telegraph Company and is named a party to this action by virtue of a right of way for
railroad purposes as reserved in an instrument recorded April 29, 1870 in Book 1 at Page
540 of the Weld County Clerk and Recorder's records.
9. Norwest Bank of Greeley, N.A., as successor to United Bank of Greeley, and Northern
Colorado Ag. Credit Corp., is named a party to this action by virtue of a Financing
Statement recorded April 30, 1982 as Filing No. U174109; a Continuation Statement
recorded February 10, 1992 as Filing No. U244962; and an Amendment recorded April
13, 1992 as Filing No. U245962, all in the Weld County Clerk and Recorder's records.
10. John Gosney, Fairway Energy Corporation, Audrey A. Henkel, Marjorie P. Johnson,
Little Will Royalty Pool, Nanette Bateman, Trustee, Little Will Trust, W.E. Andrau,
Trustee, Melvin R. Houx, Thomas G. Bateman and Suzanne L. Frizzell, Custodian for
Taylor Frizzell and Shanna Frizzell, are all named parties to this action by virtue of their
overriding royalty interests in the oil and gas produced from the Property.
11. W.E. Andrau, Falcon Interest, Inc., The Andrau/CMI Venture #1, CMI Venture, Devane
Clarke, Joseph Goodwin, First Gulfcorporation Limited, Falcon-Andrau Energy, Inc.,
1984 Drilling Program, and Olive Kathleen Jackson are all named parties to this action by
virtue of their leasehold and working interests in the oil and gas underlying and produced
from the Property.
2
12. Sentry Oilfield Equipment, Inc. and Little Will Development Limited, a Texas limited
partnership, are named parties to this action by virtue of their interests or claimed interests
in the oil and gas underlying and produced from the Property.
13. Owl Creek Investments PLC, is named a party to this action by virtue of those certain
instruments recorded in Book 1104 as Reception No. 2044785 and in Book 156 as
Reception No. U0207635 of the records of the Weld County Clerk and Recorder and by
virtue of that Affidavit dated May 20, 1986, recorded in Book 1113 as Reception No.
2054154 of the records of the Weld County Clerk and Recorder.
14. Certain unknown persons may have an interest in the Property which this Petitioner has
not been able to identify nor locate.
15. No persons other than those referred to in paragraphs 5 through 14 above have any interest
in the Property.
16. Petitioner has the right of eminent domain pursuant to C.R.S. § 41-3-106(1)(j), and this
action is brought under the provisions of Colorado Revised Statutes, § 38-1-101, a seq.
17. 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.
18. The Property is not presently used for any public purpose.
19. It is necessary that the Petitioner be permitted to enter immediately upon the Property and
to take possession thereof,pendente Ike, 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.
20. 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 protection
of the Respondents, upon the entry of the Order for Immediate Possession of the Property.
3
WHEREFORE, Petitioner prays:
A. That the Petitioner have judgment condemning the fee interest in the Property including
minerals and access through the surface to the minerals for the described purposes and
uses, upon payment of compensation to the Respondents, Byers C. Clark and Charlotte J.
Clark , or to these Respondents and 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 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.
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 and further relief as the Court may deem just and proper.
DATED this ay' day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, CO 80634
Phone: (970) 330-6700
Fax: (970) 330-2969
By:
Fred L. Otis, #7343
4
SW'ANE1/4,NW%/SE%,Section 35,Township 6 North,Range 65 West of the 6th P.M., together with
and subject to the burdens and benefits of that certain Confirming Easement dated May 1, 1965
and recorded May 5, 1965 in Book 541 as Reception No. 1462838, Weld County, Colorado.
Together with the interests in a certain right of way for a lateral ditch created by an
Agreement recorded May 13, 1899 in Book 170 at Page 318 as Reception No. 71044
in the Weld County Clerk and Recorder's records. INCLUDING MINERAL RIGHTS
WATER RIGHTS:
8 shares New Cache La Poudre Irrigating Company
Average annual delivery- 8 shares CO 15 AF/share = 120 AF
= 1.56 AF/Irrigated Acre
All irrigation wells located on the property including, but not limited to:
Depth of Well 56'
Diameter of Casing 24'
Capacity 695 GPM
Priority Date March 25, 1935
Yield 1.55 cfs
EXHIBIT A
DISTRICT COURT, WELD COUNTY, STATE OF COLORADt1 p,ty .:r`L MINT
C Thin;r,,CDIP•rc
Case No. *,e U 4-itei Division
J6 'Sl_F2•1 a} "- r.
MOTION FOR IMMEDIATE POSSESSION
iSm JUDICIAL 0 ST
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
BYERS C. CLARK, CHARLO n t J. CLARK, ARTHUR L. WILLIS, H, Weld County
Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, UNION
PACIFIC RAILROAD COMPANY, NORWEST BANK OF GREELEY, N.A., JOHN
GOSNEY, FAIRWAY ENERGY CORPORATION, AUDREY A. HENKEL, MARJORIE
P. JOHNSON, LITTLE WILL ROYALTY POOL, Nanette Bateman, Trustee, LITTLE
WILL TRUST, W.E. Audi-au, Trustee, MELVIN R. HOUX, THOMAS G. BATEMAN,
SUZANNE L. FRIZZELL, Custodian for Taylor Frizzell and Sharma Frizzell, W.E.
ANDRAU, FALCON INTEREST, INC., THE ANDRAU/CMI VENTURE #1, CMI
VENTURE, DEVANE CLARKE, JOSEPH GOODWIN, FIRST GULFCORPORATION
LIMITED, FALCON-ANDRAU ENERGY, INC. 1994 DRILLING PROGRAM, OLIVE
KATHLEEN JACKSON, SENTRY OILFIELD EQUIPMENT, INC., LITTLE WILL
DEVELOPMENT, LTD, OWL CREEK INVESTMENTS, PLC, and all unknown persons
who may have or claim any interest in the subject matter of this action,
Respondents.
PETITIONER, 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 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 property 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
1812 56th Avenue
Greeley, CO 80634
Phone: (970) 330-6700
Fax: (970) 330-2969
By:
Fred L. Otis, #7343
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 96 CV 499 Division I
NOTICE OF HEARING
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
BYERS C. CLARK, CHARLOTTE J. CLARK, ARTHUR L. WILLIS, II, Weld County
Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, UNION
PACIFIC RAILROAD COMPANY, NORWEST BANK OF GREELEY, N.A., JOHN
GOSNEY, FAIRWAY ENERGY CORPORATION, AUDREY A. HENICEL, MARJORIE
P. JOHNSON, LITTLE WILL ROYALTY POOL, Nanette Bateman, Trustee, LITTLE
WILL TRUST, W.E. Andrau, Trustee, MELVIN R. HOUX, THOMAS G. BATEMAN,
SUZANNE L. FRIZZELL, Custodian for Taylor Frizzell and Shanna Frizzell, W.E.
ANDRAU, FALCON INTEREST, INC., THE ANDRAU/CMI VENTURE #1, CMI
VENTURE, DEVANE CLARKE, JOSEPH GOODWIN, FIRST GULFCORPORATION
LIMITED, FALCON-ANDRAU ENERGY, INC. 1994 DRILLING PROGRAM, OLIVE
KATHLEEN JACKSON, SENTRY OILFIELD EQUIPMENT, INC., LITTLE WILL
DEVELOPMENT, LTD, OWL CREEK INVESTMENTS, PLC, and all unknown persons
who may have or claim any interest in the subject matter of this action,
Respondents.
TO THE RESPONDENTS NAMED ABOVE:
PLEASE TAKE NOTICE that on Tuesday, the 5th day of November, 1996 at 2:30 o'clock
P.M., or as soon thereafter as counsel can be heard, the undersigned will ask the above-captioned
Court to hear and determine Petitioner's Motion for Immediate Possession, a copy of which is
attached to a copy of this Notice served upon you, and to enter the necessary Orders for
possession of and use of the real property described in the Petition in Eminent Domain filed
herein, pending the final conclusion of this action.
DATED this ..2)‘ day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, Colorado 80634
Telephone: (970) 330-6700
By:
Fred L. Otis, #7343
rn, , Tv
DISTRICT COURT, WELD COUNTY, COLORADO
27 c' 2: 13
Case No. 96 CV 502 Division I C, rrK
SUMMONS IN CONDEMNATION
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Plaintiff,
v.
R.S.W. FARMS, INC., a Colorado corporation, ARTHUR L. WILLIS, II, Weld County
Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
GERRITY OIL & GAS CORPORATION, a Delaware corporation, MERRION OIL & GAS
CORPORATION, a New Mexico corporation, GARY SANDLIN, and all unknown persons
who 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, Colorado Revised Statutes. This summons is being
issued pursuant to C.RS. § 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 Petition in Eminent Domain (Condemnation),
a copy of which is attached hereto and made a part hereof Also attached hereto is a Motion for
Immediate Possession filed by Petitioner and a Notice of Hearing for the immediate possession
hearing.
DATED this 02Y 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: r� i� C�
Fred L. Otis, #7343
C:\W P60\CLIENTAIRPORTCONDEM\RSINSUMMONS.CON
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO FILM IN ft r) COUNT y
^.MI11NtU Cffiikt5
Case No.q(P C jr -, 9 Division _
cppy
PETITION IN EMINENT DOMAIN (CONDEMNATION)JU0 tIA ti Dist,
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
R.S.W. FARMS, INC., a Colorado corporation, ARTHUR L. WILLIS, II, Weld County
Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
GERRITY OIL & GAS CORPORATION, a Delaware corporation, MERRION OIL & GAS
CORPORATION, a New Mexico corporation, GARY SANDLIN, and all unknown persons
who may have or claim any interest in the subject matter of this action,
Respondents.
PETITIONER, Greeley-Weld County Airport Authority, by and through its attorneys DOYLE,
OTIS, FREY & HELLERICH, LLC, by Fred L. Otis, for its Petition In Eminent Domain
(Condemnation) pursuant to C.R.S. § 38-1-102, states as follows:
1. Petitioner is a public airport authority established pursuant to the "Public Airport Authority
Act", Colorado Revised Statutes, § 41-3-101, a seq. Petitioner's principal place of
business is at the Greeley-Weld County Airport (the "Airport"), Post Office Box 727,
Greeley, Colorado 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 northwest-southeast 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 includes the acquisition of the ownership of mineral interests, including 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.
5. R.S.W. Farms, Inc., a Colorado corporation, is the surface owner of the Property and has
ownership and lane owner royalty interests 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.
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. Gerrity Oil &Gas Corporation, a Delaware corporation, is named as a party to this action
by virtue of its leasehold and working interests in the oil and gas underlying and produced
from the Property.
9. Merrion Oil & Gas Corporation, a New Mexico corporation, and Gary Sandlin are named
parties to this action by virtue of their overriding royalty interests in the oil and gas
produced from the Property.
10. Certain unknown persons may have an interest in the Property which this Petitioner has
not been able to identify nor locate.
11. No persons other than those referred to in paragraphs 5 through 10 above have any interest
in the Property.
12. Petitioner has the right of eminent domain pursuant to C.R.S. § 41-3-106(1)0) and this
action is brought under the provisions of Colorado Revised Statutes, § 38-1-101, et seq.
13. 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.
14. The Property is not presently used for any public purpose.
15. It is necessary that the Petitioner be permitted to enter immediately upon the Property and
to take possession thereof,pendente 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.
2
16. The Petitioner is ready, willing and able to deposit in the Registry of the Court such sum
of money as may be determined trryy of the Order for Imm Court to be ediate atary ePod ssession of thr for thee Property.
rotection
of the Respondents, upon
WHEREFORE, Petitioner prays:
A. That the Petitioner have judgment condemning the fee interest in the Property including
minerals and access through the surface to the minerals for the described purposes and
uses, upon payment of compensation to the Respondent, R.S.W. Farms, Inc., or to that
Respondent and the other parties in Enterest 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 authorizing the Petitioner and its contractors, agents, servants,
and employees enter into, and without
by, hrou interference
or under the Respondents,to take and the dents
retain
or any person or persons claiming g
possession of the Property.
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 and further relief as 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) 330-6700
Fax: (970) 330-2969
By:
Fred L. Otis, /7343
C:\WP60\CIUEMMIRPOR \CONDEM\RSNAPEn'nON.CON 3
A tract of land being a portion of the NW/ of Section 26, Township 6
North, Range 65 West of the 6th P.M., County of Weld,State of Colorado,
being more particularly described as follows:
Commencing at the center 1/4 corner of said Section 26, said point also being the point of
beginning; thence North 890 44' 21" West and along the south line of the E'h of the NW1/4
of Section 26, a distance of 1284.71 feet; thence North 010 49' 02" West and departing said
south line a distance of 930.87 feet to a point on the west line of the said E'f of the NW'/a
of Section 26; thence North 880 10' 5o" East and departing said west line a distance of
1317.30 feet to a point on the east line of said E'h of the NW'/a of Section 26; thence South
000 08' 30" West along said east line a distance of 978.03 feet to the point of beginning,
containing 28.498 acres more or less. PVCLUDING MINERAL RIGHTS
WATER RIGHTS:
2.85 shares New Cache La Poudre Irrigating Company
4.27 shares Cache La Poudre Reservoir Company
0.36 shares Fossil Creek Reservoir
EXHIBIT A
FiLED:Fh: " EL- "o -'ottuvr Y
DIS RICT COURT, WELD COUNTY, STATE OF COLORAD
6 SE:P;2'I All : 3 8
Case No. T(pe UGX ° Division
MOTION FOR IMMEDIATE POSSESSION
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
R.S.W. FARMS, INC., a Colorado corporation, ARTHUR L. WILLIS, II, Weld County
Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
GERRITY OIL & GAS CORPORATION, a Delaware corporation, MERRION OIL & GAS
CORPORATION, a New Mexico corporation, GARY SANDLIN, and all unknown persons
who may have or claim any interest in the subject matter of this action,
Respondents.
PETITIONER, 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 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 property to
commence construction of the Greeley-Weld County Airport Authority expansion project.
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 96 CV 502 Division I
NOTICE OF HEARING
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
R.S.W. FARMS, INC., a Colorado corporation, ARTHUR L. WILLIS, II, Weld County
Treasurer, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
GERRITY OIL & GAS CORPORATION, a Delaware corporation, IVIERRION OIL & GAS
CORPORATION, a New Mexico corporation, GARY SANDLIN, and all unknown persons
who may have or claim any interest in the subject matter of this action,
Respondents.
TO THE RESPONDENTS NAMED ABOVE:
PLEASE TAKE NOTICE that on Friday, the 22nd day of November, 1996 at 3:30 o'clock
P.M., or as soon thereafter as counsel can be heard, the undersigned will ask the above-captioned
Court to hear and determine Petitioner's Motion for Immediate Possession, a copy of which is
attached to a copy of this Notice served upon you, and to enter the necessary Orders for
possession of and use of the real property described in the Petition in Eminent Domain filed
herein, pending the final conclusion of this action.
DATED this c7`f day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, Colorado 80634
Telephone: (970) 330-6700
By:
Fred L. Otis, #7343
C.\WP60\CLIENTAIRPORTCONDPM\RS W\NOTCE.HRO
DATED this O?'4 day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, CO 80634
Phone: (970) 330-6700
Fax: (970) 330-2969
By:
Fred L. Otis, #7343
C:\WP60\CllEN1\AIRPORT\CONt-.7N1RSWNMTN-IMM.POS 2
DISTRICT COURT, WELD COUNTY, COLORADO ^7 r.1 11,
Case No. 96 CV 503 Division I (MET(
TC) T
SUMMONS IN CONDEMNATION
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Plaintiff,
v.
1"HL CHARLES L. WARREN INVESTMENT COMPANY,a Partnership, ANNE WARREN
DENIG TRUST dated October 1, 1980, Charles L. Warren, Trustee, ARTHUR L. WILLIS,
II,the Weld County Treasurer, ME BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY,UNION PACIFIC RAILROAD COMPANY, GLADYS COULSON, The Succesors
in Interest to JOHN D. DAVIS, GERRITY OIL & GAS CORPORATION, a Delaware
corporation, MERRION OIL & GAS CORPORATION, a New Mexico corporation, GARY
SANDLIN, ROGER D. TROUDT, AG SERVICES OF AMERICA, INC., and all unknown
persons who 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 Petition in Eminent Domain (Condemnation),
a copy of which is attached hereto and made a part hereof Also attached hereto is a Motion for
Immediate Possession filed by Petitioner and a Notice of Hearing for the immediate possession
hearing.
DATED this a if 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
C:\WP60\CLIENTAIRPORTCONDEFf\WARREN\SUMMONS.CON 2
DISTRICT COURT,
,WELD COUNTY, STATE OF COLORADO Pncgr�oa a �� ts y
Case No. 'T(pL Y O ' Division __
rr .w
PETITION IN EMINENT DOMAIN (CONDEMNAganantrUltat,
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
THE CHARLES L. WARREN INVESTMENT COMPANY, a Partnership, ANNE
WARREN DENIG TRUST dated October 1, 1980, Charles L. Warren, Trustee, ARTHUR
L. WILLIS, H, the Weld County Treasurer, THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, UNION PACIFIC RAILROAD COMPANY,
GLADYS COULSON, The Succesors in Interest to JOHN D. DAVIS, GERRITY OIL &
GAS CORPORATION, a Delaware corporation, MERRION OIL & GAS CORPORATION,
a New Mexico corporation, GARY SANDLIN, ROGER D. TROUDT, AG SERVICES OF
AMERICA, INC., and all unknown persons who may have or claim any interest in the
subject matter of this action,
Respondents.
PETITIONER, Greeley-Weld County Airport Authority, by and through its attorneys DOYLE,
OTIS, FREY & HELLERICH, LLC, by Fred L. Otis, for its Petition In Eminent Domain
(Condemnation) pursuant to C.R.S. § 38-1-102, states as follows:
1. Petitioner is a public airport authority established pursuant to the "Public Airport Authority
Act," Colorado Revised Statutes, § 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, Colorado 80632.
? 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 northwest-southeast 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 and Exhibit B, exclusive of the 1996 crop
but including the water rights described on Exhibit A and Exhibit B, (together "the
Property").
4. This action includes the acquisition of the ownership of mineral interests, including 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 all existing
oil and/or gas wells on the surface of the Property.
5. The Charles L. Warren Investment Company, a partnership, and the Anne Warren Denig
Trust dated October 1, 1980, Charles L. Warren, Trustee, are the surface owners of the
Property and have ownership and landowners' royalty interests 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.
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. The Union Pacific Railroad Company is the successor to the Denver Pacific Railroad and
Telegraph Company and is named as a party by virtue of a right of way for railroad
purposes as reserved in an instrument recorded April 29, 1870, in Book 1 at Page 540 of
the Weld County Clerk and Recorder's records.
9. Gladys Coulson is named a party to this action by virtue of a right of way for irrigating
purposes that was granted to Frank E. Wyatt by instrument recorded May 7, 1891, in
Book 97 at Page 474 in the Weld County Clerk & Recorder's records.
10. The successors in interest to John D. Davis are named as parties to this action by virtue
of a right of way for irrigating purposes that was granted to John D. Davis by instrument
recorded April 27, 1894 in Book 114 at Page 156 in the Weld County Clerk and
Recorder's records.
11. Gerrity Oil & Gas Corporation, a Delaware corporation, is named a party to this action
by virtue of its leasehold and working interests in the oil and gas underlying and produced
from the Property.
12. Merrion Oil & Gas Corporation, a New Mexico corporation, and Gary Sandlin are named
as parties to this action by virtue of their leasehold and overriding royalty interests in the
oil and gas produced from the Property.
13. Roger D. Troudt and Ag Services of America, Inc. are named parties to this action by
virtue of a financing statement recorded January 23, 1996 as Filing No. U263923 of the
Weld County Clerk and Recorder's records. Said Financing Statement was also recorded
2
in the Real Estate Records in Book 1528 as Reception No. 2472924 of the Weld County
Clerk and Recorder's records.
14. Certain unknown persons may have an interest in the Property which this Petitioner has
not been able to identify nor locate.
15. No persons other than those referred to in paragraphs 5 through 14 above have any interest
in the Property.
16. Petitioner has the right of eminent domain pursuant to C.R.S. § 41-3-106(1)(j) and this
action is brought under the provisions of Colorado Revised Statutes, § 38-1-101, et seq.
17. 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.
18. The Property is not presently used for any public purpose.
19. It is necessary that the Petitioner be permitted to enter immediately upon the Property and
to take possession thereof,pendente 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.
20. 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 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 including
minerals and access through the surface to the minerals for the described purposes and
uses, upon payment of compensation to the Respondents, Charles L. Warren Investment
Company and Anne Warren Denig Trust, Charles L. Warren, Trustee, or to the said
Respondents and 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 authorizing the Petitioner and its contractors, agents, servants,
and employees to enter into, and without interference or hindrance from the Respondents
3
or any person or persons claiming by, through or under the Respondents, to take and retain
possession of the Property.
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 and further relief as the Court may deem just and proper.
DATED this -2z,day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, CO 80634
Phone: (970) 330-6700
Fax: (970) 330-2969
By:
Fred L. Otis, #7343
C:\WPWCLIENTAIRPORT\CONDEM\WARRENTEITI1ON.CON 4
A tract of land being a portion of the NW'/ of Section 35, Township 6 North, Range 65
West, of the 6th P.M., County of Weld, State of Colorado, being more particularly
described as follows:
Commencing at the Center '/ corner of said Section 35, said point also being the point of
beginning; thence North 890 43' 01" West and along the south line of the SW'/a of the
NWN of said Section 35 a distance of 1105.46 feet; thence North 010 49' 02" West and
departing said south line a distance of 1324.78 feet to a point on the north line of the SW%
of the NW1 of said Section 35; thence South 890 44' 42" East alone said north line a
distance of 1150.00 feet to the northeast corner of the SE'/a of the NW'/4 of said Section 35;
thence South 000 06' 34" West and along the east line of the SW'/< of the NW% of said
Section 35 a distance of 1324.46 feet to the point of beginning, containing 34.282 acres
more or less. INCLUDING MINERAL RIGHTS
Together with the interests in a certain right of way for a lateral ditch created by an
Agreement recorded May 13, 1899 in Book 170 at Page 318 as Reception No. 71044
in the Weld County Clerk and Recorder's records.
WATER RIGHTS:
22.33 units Northern Colorado Water Conservancy District
128 shares New Cache La Poudre Irrigating Company
1.14 shares Cache La Poudre Reservoir Company
0.29 shares Windsor Reservoir and Canal Company
4.57 shares of The Divide Lateral Ditch Company
EXHIBIT A
A tract of land being a portion of the SW% of Section 35, Township 6 North, Range 65
West of the 6th P. I., County of Weld, State of Colorado, being more particularly
described as follows:
Commencing at the south Y corner of said Section 35, said point being the point of
beginning; thence North 890 40' 16" West and along the south line of the E1 of the SW!
of said Section 35, a distance of 1016.39 feet; thence North 010 49' 02" West and departing
said southerly line a distance of 2649.44 feet to a point on the north line of said E'f of
SW1; thence South 890 43' 01" East and along said north line a distance of 1105.46 feet
to the center Y• corner of said Section 35; thence South 00° 06' 34" West and along the east
line of said Eh of the SW'/a,a distance of 2648.48 feet to the point of beginning,containing
64.494 acres more or less. INCLUDING MINERAL RIGHTS
Together with the interests in a certain right of way for a lateral ditch created by an
Agreement recorded May 13, 1899 in Book 170 at Page 318 as Reception No. 71044
in the Weld County Clerk and Recorder's records.
WATER RIGHTS:
42.99 units Northern Colorado Water Conservancy District
4.30 shares New Cache La Poudre Irrigating Company
2.15 shares Cache La Poudre Reservoir Company
0.54 shares Windsor Reservoir and Canal Company
8.60 shares of The Divide Lateral Ditch Company
EXHIBIT B
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO FwED,IN.4s;L c01IJWN
Case No. R(0 C u G Division 69C:Itii3pINED CirerntfRITS
MOTION FOR IMMEDIATE POSSESSION
Sen JUDICIAL DtSL
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
THE CHARLES L. WARREN INVESTMENT COMPANY, a Partnership, ANNE
WARREN DENIG TRUST dated October 1, 1980, Charles L. Warren, Trustee, ARTHUR
L. WILLIS, H, the Weld County Treasurer, THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, UNION PACIFIC RAILROAD COMPANY,
GLADYS COULSON, The Succesors in Interest to JOHN D. DAVIS, GERRITY OIL &
GAS CORPORATION, a Delaware corporation, IVIERRION OIL & GAS CORPORATION,
a New Mexico corporation, GARY SANDLIN, ROGER D. TROUDT, AG SERVICES OF
AMERICA, INC., and all unknown persons who may have or claim any interest in the
subject matter of this action,
Respondents.
PETTI'IONER, 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 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 property to
commence construction of the Greeley-Weld County Airport Authority expansion project.
DATED this 2 l day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, CO 80634
Phone: (970) 330-6700
Fax: (970) 330-2969
By: —c - op
Fred L. Otis, #7343
C:\WP60\CUEN7WRPORTCONDEM\WARREMMTN-IMM.POS 2
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 96 CV 503 Division I
NOTICE OF HEARING
GREELEY-WELD COUNTY AIRPORT AUTHORITY,
Petitioner,
v.
THE CHARLES L. WARREN INVESTMENT COMPANY, a Partnership, ANNE
WARREN DENIG TRUST dated October 1, 1980, Charles L. Warren, Trustee, ARTHUR
L. WILLIS, II, the Weld County Treasurer, THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, UNION PACIFIC RAILROAD COMPANY,
GLADYS COULSON, The Succesors in Interest to JOHN D. DAVIS, GERRITY OIL &
GAS CORPORATION, a Delaware corporation, MERRION OIL & GAS CORPORATION,
a New Mexico corporation, GARY SANDLIN, ROGER D. TROUDT, AG SERVICES OF
AMERICA, INC., and all unknown persons who may have or claim any interest in the
subject matter of this action,
Respondents.
TO THE RESPONDENTS NAMED ABOVE:
PLEASE TAKE NOTICE that on Friday, the 29th day of November, 1996 at 1:30 o'clock
P.M., or as soon thereafter as counsel can be heard, the undersigned will ask the above-captioned
Court to hear and determine Petitioner's Motion for Immediate Possession, a copy of which is
attached to a copy of this Notice served upon you, and to enter the necessary Orders for
possession of and use of the real property described in the Petition in Eminent Domain filed
herein, pending the finalconclusion of this action.
DATED this e,0 `( day of September, 1996.
DOYLE, OTIS, FREY & HELLERICH, LLC
Attorneys for Petitioner
1812 56th Avenue
Greeley, Colorado 80634
Telephone: (970) 330-6700
By: Aa,
Fred L. Otis, #7343
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