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Home My WebLink About690311.tiff• I SIGN STIPULATION TO REVERT TITLE AND FOR ENTRY OF FINAL JUDGMENT CIVIL ACTION 66-C-454 RANGE 66, TOWNSHIP 3 NORTH, SECTION 36: WHEREAS, the Board of County Commissioners of Weld County, Colorado, has been requested by the Attorney General's Office, State of Colorado, to sign a "Stipulation to Revest Title and For Entry of Final Judgment", concerning Civil Action 66-C-454, which pertains to two separate parcels of land more particularly described as follows: A strip or parcel of land thirty (30) feet wide off of the north side of the North Half (Ni) of Section Thirty -Six (36), Township Three(3) North of Range Sixty -Six (66) West of the Sixth (6th) P. M., Weld County, Colorado, contains 3.63 acres m/1 also A strip or parcel of land thirty (30) feet wide off of the south side of the South Half (S) of Section Thirty -Six (36), Township Three (3) North of Range Sixty -Six (66) West of the 6th P. M., Weld County, Colorado, contains 3.63 acres m/l NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that it be and is hereby authorized to sign said Stipulation to Revest Title for Entry of Final Judgment. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: DATED: JULY 2, 1969 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO PRxu, 690311 Aire ftttr of Cnolorttio DEPARTMENT OF LAW DUKE W. DUNBAR ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL JOHN P. MOORE 104 STATE CAPITOL BUILDING DEPUTY ATTORNEY GENERAL DENVER, COLORADO 80203 June 19, 1969 Board of County Commissioners Weld County Greeley, Colorado 80631 Re: U.S. vs. 640 Acres of Land in Weld County, Colorado - Civil Action No. 66-C-454. Gentlemen: Enclosed is a self-explanatory letter dated June 12, 1969 from the State Board of Land Commissioners, together with a Stipulation to Revest Title and for Entry of Final Judgment. If acceptable, I would appreciate your execu- ting the stipulation and returning it to this office at your earliest convenience. Very truly yours, WILLIAM TUCKER Assistant Attorney General WT:ls encls. cc: Mr. Raymond H. Simpson • 111 • RAYMOND H. SIMPSON President HOWARD M. SHULTS Register WESLEY E. WOODWARD Engineer BOARD OF LAND COMMISSIONERS STATE OF COLORADO 201 COLUMBINE BUILDING 1845 SHERMAN ST., DENVER, COLORADO 80203 June 12, 1969 Mr. William Tucker Assistant Attorney General 104 State Capitol Building Denver, Colorado 80203 W. H. PATTISON Director Mineral Department WEED JUN 13 1969 4...._oFicitcs OF 711E % Re: U. S. vs. 640 acres of land in Weld County, Colorado - Civil Action No. 66-C-454 Dear Mr. Tucker: Reference is made to Civil Action No. 66-C-454 covering the condemnation of Sec. 36, Tap. 3 North, Rge. 66 West of the 6th P.M., Weld County, Colorado. As per your request, our Board has executed the original and one copy of the "Stipulation to Revest Title" in those lands covered Sy Right -of -Way No. 1345 issued for road purposes on the north and south section lines of the above section. In your letter of May 12, you indicated that a roadway had never been built on the north and south sections, whereas, roads were constructed in these areas but not on the west line of the section, even though Right -of -Way No. 1180 had been granted by our Board for road purposes on the west line. As we explained to you, we have changed Page 3 of the Stipu- lation to show the proper legal description of the roadway as it appears in the right-of-way grant. On the basis of the corrected and executed Stipulation, we hope that the condemnation action can be completed, and that the additional $6,000 due the state can now be paid. Yours very truly, STATE BOARD OF LAND COMMISSIONERS AS:ish Adainistratjtve Officer IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO UNITED STATES OF AMERICA, Plaintiff, VS 640 ACRES OF LAND, more or less, situated in Weld County, State of Colorado; BOARD OF LAND COMMISSIONERS, STATE OF COLORADO; All Unknown Persons who claim any interest in the subject matter of this action and Unknown Owners, Defendants. CIVIL ACTION NO. 66-C-454 GEMOK5 MAY 8 1969 OFFICE OF THE A r TOr! rry , • r . STIPULATION TO REVEST TITLE AND FOR ENTRY OF FINAL JUDGMENT WHEREAS, on the 31st day of August, 1966, a Complaint in Condemnation and Declaration of Taking were filed on 640 acres in Weld County, Colorado, described as "All of Section 36, Township 3 North, Range 66 West of the 6th P.M., Colorado," the description of said tract and the estate condmned being fully set forth in said Complaint and Declaration of Taking and Decree on Declaration filed in Book 573, Weld County, Colorado, to which reference is here made for all purposes; and WHEREAS, by reason of the filing of the Declaration of Taking and the depositing of $32,000.00 as estimated just compensation for the taking and of the title to said tract or interest therein condemned vested in the United States of America; and WHEREAS, the State Board of Land Commissioners of the State of Colorado hereinafter referred to as State of Colorado was the owner of the fee simple title to said tract of land at the time of the filing of said complaint and Declaration of Taking, subject to certain rights -of -way granted Board of County Commissioners of Weld County, Colorado, hereinafter referred to as Weld County, and an agricultural lease in favorcf Dwight Sarchet; and sr • WHEREAS, Dwight Sarchet has been paid the sum of $3,200.00 for all his interest in said tract as evidence by "Compensation in Civil Action No. 66-C-454 United States District Court for the District of Colorado - Lease S-32306" agreement attached to the Application for Withdrawal of funds and filed with this court; and WHEREAS, the Secretary of Commerce has determined that the hereinafter described portion of said tract is not necessary for the project and defendants, State of Colorado and Weld County, are desirous of revestment of title to a portion of said tract, thereby agree to revestment of title to hereinafter portion of said tract condemned in this cause of action; and WHEREAS, State of Colorado and Weld County have agreed to stipulate with plaintiff, United States of America, for the revest- ment of a portion of said tract as their interest appeared on the date of taking and for the just compensation for the taking of said tract of land being paid solely to the State of Colorado. NOW, THEREFORE, it is hereby stipulated and agreed by and between the United States of America, plaintiff, and the State of Colorado and Weld County, acting by and through their respective undersigned attorneys, as follows: 1. That the defendants agree to the acquisition by the United States of America of the lands heretofore condemned in this Civil Action. 2. That there shall be revested in the State Board of Land Commissioners of the State of Colorado and Board of County Commissioners of Weld County, Colorado, as their interest appeared at the date of taking, the title acquired from them by the United States of America in and to the following described portion of said tracts: 2 OF THE STATE OF COLORADO A strip or parcel of land thirty (30) feet wide off of the north side of the North Half (NM) of Section Thirty -Six (36), Township Three (3) North of Range Sixty -Six (66) West of the Sixth (6th) Principal Meridian, containing 3.63 acres, more or less; Also A strip or parcel of land thirty (30) feet wide off of the south side of the South Half (S1) of Section Thirty -Six (36), Township Three (3) North of Range Sixty -Six (66) West of the Sixth (6th) Principal Meridian, containing 3.63 acres, more or less. 3. That the just compensation for the taking of all interests by plaintiff, United States of America, in the tract heretofore condemned, including all damages and interest shall be the sum of $38,000.00, together with the revest- ment of the above described strips. That $32,000.00 of said sum has heretofore been paid to the State Board of Land Commissioners of the State of Colorado and Dwight Sarchet. WHEREFORE, the parties hereto pray for judgment as appropriate to effectuate this stipulation. UNITED STATES OF AMERICA JAMES L. TREECE United States Attorney By: B. RICHARD TAYLOR Trial Attorney Department of Justice 323 U.S. Court House Denver, Colorado 80202 297-4184 STATE BOARD OF LAND COMMISSIONERS DUKE DUNBAR Attorney General By: GL -inc- '�fkr. ' PRESIDENT By: GISTER LilGTlYEER BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 3 WILLIAM TUCKER Assistant Attorney General c-- _, _- ...---7-2 C7-------,-, ( r` Weld County Attorney 'N ( n CO. COMMISSIONERS GREELEY, COLO. RECEIVED F E B 9 1971 A.M. /Oio3D A-' 6I7I8I9I10i11I1211Ia1$141518 itliaTED STATRS Or AVZM1CA Plaintiff, VS 34.0$ ACRES 02 Lam, Mere or Leese, Situated in the County of told, State of Colorado; Otho Cuy art,, et 4i:, and Unknown liners, f nts . FILED !� Orilted Status Dtatriot Cation IN UUNITED STATSS DISTRICT i ? Denver, Colorado 971 ova mina �I RIC i 0 co.i OP JAN2 2 'f CIVIL ACT J. WALTER Bea4VMAr :CLEMx TO: Otho Ivy ykort; John B. Frye; Albert L. Frye; Alice Swanson; Erzest W. Tigges; Stella N. Tigges; Fhilttp C. Tigges; Barbra S. Times; Sigrud Carlson; Evelyn 8. Carlsson; Caymoud R. Pope; Grace B. Pope; The Board of County Commissioners, Weld County. Colorado; and All Unknown Ov,mers You are hereby notified Chet a complaint int in condemnation toe heretofore been filed La the office of the clerk of the above -mod court to an action to condemn the estate for the perpetual right, privilege wad easement to construct, reconstruct, operate, insert and maintain one electric transmission line, consisting of a sidle lino of structures supporti:aa ono or more olsctrie power circuits, to ethcr with all seers, poles, cro aer a, cables, wires, guys, supports, fisturea and such other structures, installations and facilities used or usoft4 in the construction, operation and mnis:ter Ince of said transmission lino through, over and acres* leads situated in Weld Cow ty, Colorado, designated nated 13 Tract 39-62, Tract 51-74, Tract 52-75, Tract 33-76, and Tract 55-78, particularly described in the 1+1 descriptions attached hereto and by this referee made a part hereof, tozothe: with the ri «t of ingress and egress to cuter upon and leave said right-of-way to survey, y, construct, reconstruct, maintain, inspect, operate, control and use said leads, together with the present and future right to clear said rift -of -way or trim trees to the extent deed necessary by the United tes, to protect the rights and prtvil.ees herein takes cad to keep s ii ri t -f f-vay clear of brush, tisiber, inflammable structures and fires hazards, ond e l 1 brush, timber or or iof 1 .. y A b►Ie structures reeovei ebmii btecaa the property of Cho kited Statue and may be disposed oZ by t l,o, b tr t j or otherwise; acb.gect, hSi v r, to eiUst Its-of-usy outstanainl in the t b is or third pities for hi; -mays, roads, railroads, pipelines, arms, laterals, ditches, cthor electric treammission lines and tole tr h mi telephone lines coverins any part of the above scribed lands; reser Si , hove -oar, to time owners the rta; bt to use and occ vy► std rielt-ol-way for any purpose cDna, i&tecxt with the ri"ts und privileges herein taken and which mill not int r.fere with or endanger the coestrtActios, reconstruction, operation, inspovtion, maintenance, control, end use of said electric trannnissioa lin, by the Unitad States, 'Oath riatt of noe and occupancy swell include, addition o Cis right of just cmlpansation for the i ter- est described above, rt it to the €w era to bo cerponsat on the basis of an appraisal approved by the S ecret..ry o tht Interior or his duly authorised s c ats for say dans a t. crops, trees, omen, s d1 s, or ravements en said t -of -may, not included in such just compensation, that sacs as a ror uAt of 4n4 durin3 the construction, opfireticre, or maintenalwo of cuid electric tron a- mii.ssion line, but said ri ht oc use end occupancy ibo11 pot include the erection of any structure cam►, the drilling oat well in, or permission to the public to u e any part of said rittit-of-tmy without advance written permission frog tho ..5ecretary cif the Interior or his duty authorixod ar,entr, . l c+ . e of pormuncnt abandonment of said ri brut -wary, tho t .tlo aid interest acquired by the United 5tates ahnll end, C04120 and determio. Upon permanent abardornent of the ri. t-of-tlfily by the United States, the owners, their successors or assigns, avail ho given writtennotica of such abandonment. The property se to be taken is descried in Ed hibit A attached hereto and made a part hereof, and is for tate in connection with the construction, oration and evintenaneo of the Archer -Weld 2.30-Kv Transmission .ine, Transmission Division. Colorado River Storage Project, and is required for immediate use by the Bureau of Reclamation, Department of the Interior. The authority for the tin is the act of June 17, 1902„ end all sets amendatory thereof or ouppla terry thereto (32 Stet. 38# 43 U.S.C., 1958 ed., sec. 371, t .); the Act of August 1, 1 3 (25 €tat. 357, 40 I.S.C., 1950 ed., sec. 257), asamended; the act of February 26, 1931 (45 Stat. 1421,, 40 U.S.C., 1950 ed., sees. 258a -250e); the set of April 11, 1956 (70 ttat. 105, 43 U.S.C. 19,53 ed. 020-620o); and the Public Uorhs 4ppropriatioe Act, 1971 (04 Stat. 893), PUblic Law 91-431. You are further notified that if you have any Objection or defense to the tking of your property you are required to serve upon plaintiff's attorney at the address herein deli ,nat c. within testy days after personal service of this notice upon you,, o-. alusiva of the day of service, an answer r identi.fyixa3 the prope Lu +rich you claim to have an interest, stating the nature sr4 extent of the interest claimed and stating all your objections and degasses to the takin3 of your proporty. A failure so to serve ,>an answer shall constitute a consent to the takin3 and t© the authority of the court to proceed to hear the action and to fix the just compensation and shall constitute a waiver of all defenses and objections not so presented. Your are further notified that ie you have no objection or defense to the takiog you =ay serve upon plaintiff's `s attorney a notice of appearance designetins the property in which you claim to be interested, and thereafter you Shall receive notice of all proceedings affecting the said property. 3 au are further n of ied that at the trial e ' the iafue of just compensative, Witter or not you have enamored d or served a notice of appearance, you may present evidence as to the cmount of the compensation to be paid gor the property in whi b you haVe 00,7 int o cst and you may shore in the di4tribution o Z the award of canpeosation. You are e further notified d that trial by jury o£the issue of just compensation is dewarded 3ed by plaintiff. JAMES L. rune United States Atttorney by: -.63/ t"oard C` 1 LErt.IARD W. O. CS.MPL I L Asist:cnt U.S. Attorney '.U. Don 1771 aver, Color&du 802O1 837-4184 C- '-• U 1'1`�I11 a.� (jUCL1111C111. X'Ch1 :'ll'I`�rT 11'V Court. th '1; il.;v of .vf„tz ' . It Coin tl G. ,WA1...):1, I, \g';',: 31, Ci 1 4 • ARCHER -WELD 230-KV TRANSMISSION LINE COLORADO RIVER STORAGE PROJECT CTHO GUY WYKERT AULT, COLORADO DRAWING NO. 864-703-103 Tract No. 39-62 One strip of land containing 2.96 acres, more or less, situated in the NWiNWi of Section 17, Township 7 North, Range 66 West of the Sixth Principal Meridian; said strip of land being 100 feet in width, extending to and limited by the property boundary lines, everywhere distant 50 feet on each side of the following described centerline: Beginning at a point on the south right-of-way boundary line of State Highway 14, said point being situated South 2°26'30" West, 30 feet from a point on the north boundary line of said Section 17, said point in turn being situated easterly 53 feet from the northwest corner of said Section 17; thence from the point of beginning South 2°26'30" West, 126 feet to an angle puinL; Lhexice South 0°08' West, 1,165 foot to the point of ending on the south boundary line of the NW,NWu of said Section 17, said point being situated North 0°08' East, 1,337 feet from a point on the east -west centerline of said Section 17, said point in turn being situated easterly 51 feet from the west one -quarter corner of said Section 17. The estimated just compensation for. the taking is $910.00. Checked as to engineering data: Office Engineer, Date Bureau of Reclamation V. 7 /97d. Titleholder: Otho Guy Wykert Ault, Colorado ARCHER -WELD 230-KV TRANSMISSION LINE COLORADO RIVER STORAGE PROJECT JOHN B. FRYE, ALBERT L. FRYE AND ALICE SWANSON 728 WALNUT WINDSOR, COLORADO DRAWING NO. 864-703-104 Tract No. 51-74 One strip of land containing 12.36 acres, more or less, situated in the E.14 of Section 7, Township 6 North, Range 66 West of the Sixth Principal Meridian; said strip of land being 100 feet in width, extending to and limited by the property boundary lines, everywhere distant 50 feet on each side of the following described centerline, except as otherwise described: Beginning at a point on the north boundary line of said Section 7, said point being situated westerly 121 feet from the northeast corner of said Section 7; thence South 00081 East, 5,126 feet, at which, point the easement width to the left of centerline increases to 115 feet; thence continuing South 0°08' East, 75 feet, to an angle point; thence South 27°52' West, 75 feet, at which point the easement width to the left of, centerline decreases to 50 feet; thence continuing South 27°52' West, 8 feet, to the point of ending on the south boundary line of said Section 7, said • point being situated westerly, 165 feet from the southeast corner of said Section 7. The estimated just compensation for the taking is $4,250.00. Checked as to engineering data: By VJ?_?.7 (1'7 Office Engineer, Date Bureau of Reclamation Titleholders: John B. Frye, Albert L. Frye and Alice Swanson 728 Walnut Windsor, Colorado • ARCHER -WELD 230-KV TRANSMISSION LINE COLORADO RIVER STORAGE PROJECT ERNEST W. TIGGES, STELLA M. TIGGES, PHILLIP C. TIGGES AND BARBARA J. TIGGES RT. 2, BOX 285A GREELEY, COLORADO DRAWING NO. 864-703-105 Tract No. 52-75 One strip of land containing 7.18 acres, more or less, situated in the E2NEi of Section 18, Township 6 North, Range 66 West of the Sixth Principal Meridian; said strip of land being 100 feet in width, extending to and limited by the property boundary lines, everywhere distant 50 feet on each side of the following described centerline, except as otherwise described: Beginning at a point on the north boundary line of said Section 18, said point beingsituated westerly 165 feet from the northeast corner of said Section 18; thence South 27°52' West, 2.017 feet, at which point. the easement width to Lhe right of centerline increases to 115 feet; thence continuing South 27°52' West, 75 feet to an angle point; thence South 26°58' East, 75 feet, at which point the easement width to the right of centerline decreases to 50 feet; thence continuing South 26°58' East, 808 feet to the point of ending on the east -west centerline of said Section 18, said point being situated westerly 748 feet from the east one -quarter corner of said Section 18. The estimated just compensation for the taking is $2,970.00. Checked as to engineering data: Bye A Office Engineer, Bureau of Reclamation Ve(2- /f7d Date Titleholders: Ernest W. Tigges, Stella M. Tigges, Phillip C. Tigges and Barbara J. Tigges Rt. 2, Box 285A Greeley, Colorado ARCHER -WELD 230-KV TRANSMISSION LINE COLORADO RIVER STORAGE PROJECT SIGRUD CARLSON AND EVELYN S. CARLSON HUSBAND AND WIFE RT. 2, BOX 280 GREELEY, COLORADO DRAWING NO. 864-703-106 Tract No. 53-76 One strip of land containing 6.39 acres, more. or less, situated in the E2SE* of Section 18, Township 6 North, Range 66 West of the Sixth Principal Meridian; said strip of land being 100 feet in width, extending to and limited by the property boundary lines, everywhere distant 50 feet on each side of the following described. centerline, except as otherwise described: Beginning at a point on the north boundary line of the EzSE,—� of said Section 18, said point being situated westerly 748 feet from the east one -quarter corner of said Section 18; thence South 26°58' East, 1,312 feet, roiiL liliC CclocLiC liv Miyutil Lo l.i1C .LC'li, vi centerline increases to 100 feet; thence continuing South 26°58' East, 75 feet, to an angle point; thence South 0°12' West, 75 feet, at which point the easement width to the left of centerline decreases to 50 feet; thence continuing South 0°12' West, 1,235 feet to the point of ending on the north right-of-way boundary line of Colorado State Highway 392, said point being situated North 0°12' East, 31 feet, from a point on the south boundary line of said Section 18, said point in turn being situated westerly 114 feet from the southeast corner of said Section 18. The estimated just compensation for the taking is $3,620.00. Checked as to engineering data: Tom- 2/f7O Office Engineer, Date Bureau of Reclamation Titleholders: Sigrud Carlson and Evelyn S. Carlson Rt. 2, Box 280 Greeley, Colorado ARCHER -WELD 230-KV TRANSMISSION LINE COLORADO RIVER STORAGE PROJECT RAYMOND R. POPE AND GRACE B. POPE HUSBAND AND WIi FIRST NATIONAL BANK BUILDING GREELEY,,COLORADO DRAWING NO. 864-703-107 Tract No. 55-78 One strip of land containing 5.19 acres, more or less, situated in the EISEu of Section 19, Township 6 North, Range 66 West of the Sixth Principal Meridian; said strip of land being 100 feet in width, extending to and limited by the property boundary lines, everywhere distant 50 feet on each side of the following described centerline: Beginning at a point on the south line of the Greeley No. 2 canal-, said point being situated South u' ly`2j" Webi,. 3,037 feet from a point on the north boundary line of said Section 19, said point in turn being situated westerly 114 feet from the northeast corner of said Section 19; thence from the point of beginning South 0°25'44" East, 2,262 feet to the point of ending on the south boundary line of said Section 19, said point being situated westerly 154 feet from the southeast corner of said Section 19. The estimated just compensation for the taking is $2,250.00. Checked as to engineering data: By CLA..."--d-t,LA3 Office Engineer, Bureau of Reclamation Titleholders: Raymond R. Pope and Grace B. Pope First National Bank Building Greeley, Colorado -�•� /9?� Date • FILED rotted gt'tes.. District Cqurt t enver, Colorado IN TUE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO UNIT7D STiAI S OF AMERICA, plaintif f , V3 34.06 ACRES Qp LAND, More or Less, Situated in the County of Weld, State of Colorado; Otho Cuy Wykert, et al . , and Unknown Owners, Defendants. a WALTER :BOWMAN CLERK CIVIL ACTION .• EP. Gi.ERIC • ©RIDER TOR DELIVERY 01T POSSESSION 2 ,..„.., .--,- , , , , 0 6 This action coming on for hearing ex parte upon motion of' plaintiff for an order for the surrender of possession of the property described in the complaint filed heroin to plaintiff, and it appearing that plaintiff is entitled to possession of the said property, It is this day of Jay, 1971, adjudged that all defendants to this action and all persons in possession or control of the property described in the complaint filed herein shall surrender possession of the said property, to the extent of the estate being condemned, to plaintiff immediately; provided that a copy of this order shall be served upon all persons in possession or control of the said property forthwith. HATFrE °fi r.'7171 ...S:01`7 UNITED STATES DISTRICT JUDGE tY t Ud 8t t?g lx 1 t 1;, rl� p'otriet of c' i tru^ t,e foieg„irg i; on.original dc,curnc:o-, and record iz: nx� ,". 'd 'j^ WITNi SS ray r• ` v./r3'L�' Court thic't°z.`}.,�.i G. WALTER I30W M4.._:, .1 CIVIL AMOK SO. 66.c.45h 64o ACRRS °FWD, form or less, situated in Weld County, State of Colorado; BOARD OP LAID C STARR OF C * ; All Ewe Persons who caste any interest in the ) subject matter of this actiot. ) and Unknown Airs, Defeedsnts. Pl tif!', tbeited Tatars a tom, s the Court to enter its jet as an •dditiomal party defendant the Board of County Counissioners in mud for *Id County, Colorado. o₹ In support/such notion, plaintiff shoes the col that a atesqusat to the commencement of this proceedin46 the title .widen as to the land ttee svb jset of this p ceedine disclosed that the said defendant say home Interest therein and it is therefore a necessary party to a full and couplet* adjudication of this matter. WRXREPORK, plaintiff moves the court to enter its order joining said person as a party defendant in this proceeding - TAMER K. NM United States Attorney By: /s/ Were** Lemming II WARWICK DOSRING rr Assistant United States Attorney P. O. Baas 17% Denver, Coiarado 8C201 297--14184 /F day of February, 1968 HATFIELD CHILSON ted Sates District WELD CO. COMMISSIONERS GREEL_F_`f, C;CLO. RECEIVED FEB21 B 21 iABP A.M. eI7+,RID!10,1111201121RI4�5D8 r • IN THE UNITED STATES DISTRICrr COURT FOR THE DISTRICT OF COLORADO UNITED STATES. OF .AMERICA, ) FLED Plaintiff, ) un;tcd St �s District court Dcnver, Colorado V. ) A UG 31 MS 640 ACRES OF LAND, MORE OR LESS, ) G. WALTER BOWMAN! SITUATED IN WELD COUNTY, STATE OF ) CLERK COLORADO; BOARD OF LAND COMMISSIONERS, NOTICE DEP. CLERK STATE OF COLORADO; All Unknown Persons ) who claim any interest in the subject ) matter of this action and Unknown . ) Owners, ) ) Defendants. ) TO THE DEFENDANTS ABOVE NAMED: Youare hereby notified that a complE.int in condemnation has heretofore been filed in the office of the clerk of the above -named court in an action to condemn an estate in fee simple, subject to an existing right of way for a 90 foot ditch as recorded on deed No. 287653, dated 7/23/18, and recorded 12/23/28, in the property described as follows: All of Section 36, Township 3 North, Range 66 West of the 6th P. M.,, Colorado, containing 640 acres, more. or less, situate in Weld County, State and District of Colorado, in which you have or claim an interest, for public use for an ionospheric radar research facility which will be used by the Institute for Telecommunication Sciences and Aeronomy, Environmental Science Services Administration, Department of Commerce, to investigate ionospheric transmission characteristics - and problems for systems using high power and to provide a basic ionospheric, exospheric and space research tool, and for other uses incident thereto. The authority for the taking is the Act of August 1, 1888, 25 Stat. 357 as amended, 40 U.S.C. § 257 (1964); the Act of February 26, 1931, 46 Stat. 1421 as amended an supplemented, - 2 - 40 U.S.C. §§ 258a -258f (1964); and the Act of December 30, 1963, 77 Stat. 788. You are further notified that if you have any objection or defense to the taking of your property you are required, pursuant to Rule 71A, Federal Rules of Civi]. Procedure, to serve upon the Clerk of this Court and upon plaintiff's attorney at the address herein designated within twenty days after personal service of this notice upon you, exclusive of the day of service, an answer identifying the property in which you claim to have an interest, stating the natr e and extent of the interest claimed and all your objections and defenses to the taking. A failure so to serve an answer shall constitute a consent to the taking and to the authority of the Court to proceed to hear the action and fix the just compensation, and shall constitute a waiver of all defenses and objections not so presented. You are further notified that if you have no objection or defense to the taking, Rule 71A, Federal Rules of Civil Procedure, further provides that you may serve upon the Clerk of this Court and upon plaintiff's attorney a notice of appearance designating the property in which you claim to be interested, and thereafter you shall receive notice of all proceedings affecting the said property. You are further notified that at the trial of the issue - of just compensation, whether or not you have answered or served a notice of appearance, you may present evidence as to the amount of compensation to be paid for the property in which you have an interest, and you may share in the distribution of the award of compensation. LAWRENCE M. HENRY United States Attorney for the,District of Colorado J !__ J rJ ILLI..''.:: L. Assistant U.S. Attomey, 32 Courthouse, P.O. Box 1776, Colorado 80201, 297-44184 UIS. enver, Hello