HomeMy WebLinkAbout710486.tiff c7(7/1/ 1- 6D
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
umsr D suns OF AMERICA, ) CIVIL ACTION NO.
Plaintiff, 4 i 2 8 A VS 86.04 ACRES OP LAND, more or ORDER FOR DELIVERY .- , A
less, situated in the County OF POSSESSION * dL SM,r: or c + coup
of Meld, State of Colorado; ) cenir, Coior.r,�
P. A. BIDiWELL and SONS, I11C., )
et al., and Unknown Owners, '
Defendants. C„ wwA:..(t:ft r. ;c✓tG;•,N
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This action coming on for hearing ex parte upon mdblon--of - ,,
plaintiff for an order for the surrender of possession of the property
described in the complaint filed herein to plaintiff and it appearing
that plaintiff is entitled to possession of the said property,
It is this /..544S day of „,[, .'ti 4< cc 1971, adjudged
/ J
that all defendants to this action anti 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 eery of this order shall be served upon all persons in possession
b1't or control of the said property forthwith.
'i'
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\•,,'>/ j t,. � A .-5,/' HATFIELD CS-t"_.:'0". .
_VjUNITED STATES DISTRICT JUDGE
t N` IN
c-,,Kr \
Ili WELD CO, COMMISSIONERS
rr t 'Y GREEL� .COLO.
\VV�tt\\ RECEIVED
MAR 41971
.. A.M. P.M."
61718I9I10111112111218141610
9L //f;:?
710486
f r
a.
IN THE UNITED STATES DISTRICT COURT c' ,
FOR THE DISTRICT OF COLORADO -
UNITBD STATE OF A≥*RICA, ) CIVIL ACTION NO.
Plaintiff, ) C a 2 8 3vs
3
86.04 ACRES OF LAND, more or ) NOTICE OF CONDDINAT1'0N
lose, att' ated in the County of
Weld, State of Colorado; F. A. )
BIDWELL AID SONS, INC., et el., )
and Unknown Owners,
Defendant.
To: F. A. Bidwell and Sons, Inc; Nola A. Benson and Catharine Benson;
Fred Brinkman and Helen Brinkman; William F. Fabrizeus and
Elizabeth M. Febrizeus; Paul Lind; Board of County Commissioners
of Weld County, Colorado; et el., and Unknown Owners.
You are hereby notified that a Complaint in condemnation has heretofore
been filed in the office of the clerk of the above-named court in an action
to condemn the estate for a perpetual right, privilege and easement to
construct, reconstruct, operate, inspect and maintain one electric trans-
mission line, consisting or a mingle line of structures supporting one or
more electric power circuits, together with all towers, poles, arossarms,
cables, wires, guys, supports, fixtures and such other structures, instal-
lations and facilities used or useful in the construction, operation and
maintenance of said transmission line through, over and across lands situate
in Weld County, State of Colorado, particularly described in the legal
descriptions attached hereto and by thin reference made a pert hereof and
designated as Tract 16, Parcels 37, 37.1 40 and 42; Tract 37-60; Tract 30-61;
Tract 41-64; and Tract 43-66, together with the right of ingress and ogress
to enter upon and leave said right-of-way to survey, construct, reconstruct,
maintain, inspect, operate, control and use said lands, together with the
present and future right to clear said. right-of-way or to trim trees to the
extent deemed necessary by the United States to protect the rights and
privileges herein taken and to keep said right-of-way clear of brush, timber,
inflammable structures and fire hazards. All brush, timber or inflammable
structures remnved shall become the property of the United States and may
be disposed of by sale, burning or otherwise; SUBJECT, HOWEVER, to existing
rights-of-wey outstanding in the public or third parties for highways, roads,
railroads, pipelines, canals, laterals, ditches, other al.eotric transmission
lines and telegraph and telephone lines covering any part of the above-described
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lands; RESERVING, HOWEVER, to the owners the right to use and occupy said
right-of-way for any purpose consistent with the rights and privileges herein
taken and which will not interfere with or endanger the construction, recon-
struct, operation, inspection, maintenance, control, and use of said electric
transmission line by the United States, which right of use and occupancy shall
include, in addition to the right of just compensation for the interest described
above, a right in the owners to be compensated on the basis of an appraisal
approved by the Secretary of the Interior or his duly authorized agents for
any damage to crops, trees, vines, seedlings, or improvements on said right-of-
way, not included in such just compensation, that occurs as a result of and
during the construction, operation, or maintenance of said electric tram.,
mission line, but said right of use and occupancy shall not include the
erection of any structure on, the drilling of wells in, or permission to
the public to use any part of, said right-of-way without advance written
permission from the Secretary of the Interior or h:..s duly authorized agents.
In case of permanent abandonment of said right-of-way, the title and interest
acquired by the Uhited States shall end, cease and determine. Upon permanent
abandonment of the right-of-way by the United States/ the owners, their
successors or assigns, shall be given written notice of such abandonment; and
The perpetual right, privilege and easement to construct, operate, maintain,
repair and use an access and patrol road on and across lands situated in Weld
County, State of Colorado, particularly described in the legal description
attached hereto and by this reference made a part hereof and designated as
Tract 16, parcels 4Oa and 40b, together with the right to trim, cut, fell and
remove therefrom all. trees, underbrush, obstructions, and any other vegetation,
structures or obstacles within the limits of the right-of-way, and to keep
said right-of-way clear of such trees, underbrush, obstructions, end any other
vegetation, structures or obstacles, and any such brush, trees, structures or
other obstruction removed by the United States shall become the property of
the United States and may be disposed of by sale, burning or otherwise; SUBJECT,
HOWEVER, to existing rights-of-way outstanding in the public or third parties
for highways, roads, railroads, pipelines, canals, laterals, ditches, trans-
mission lines and telegreph end telephone lines covering any part of the
2
above-described lands; reserving to the owners the right to use and occupy
said right-cf-way for any purpose consistent with the rights and privileges
herein taken and which will not interfere with or endanger the construction,
reconstruction, operation, inspection, maintenance, centre' and use of
said access and patrol road by the United States, which right of use and
occupancy shall include, in addition to the right of just eSpencation for
the interest described above, a right in the owners to be compensated on
the basis of an appraieal approved by the Secretary of the Interior or his
duly authorized agents for any damage to crops, trees, vines, seedlings, or
improvements on said right-of-way, not included in such just compensation,
that occurs as a result of and during the construction of said access and
patrol road, but said right of use and occupancy shall not include the
erection of any structure on, or permission to the public to use any part
of said right-of-way without advance written permission from the Secretory
of the Interior or his duly authorized agents. In case of permanent abandon-
ment of said right-of-way, the title and interest acquired by the United
States shall end, cease, and determine. Upon permanent abandonment of the
right-of-way by the United States, the ownern, their successors or assigns,
shall be given written notice of such abandonment. The land has been selected
for use in connection with the construction, operation and maintenance o the
Archer-Weld 230-Icy Transmission Line, 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 taking is the act of June 17, 1902, and all acts
amendatory thereof or supplementary thereto (32 Stat. 388, 43 U.S.C., 1958 ed. ,
sec. 371, et sea. ); the act of August 1, 1883 (25 Stet. 357, 40 U.S.C., 1958 ed. ,
see. 257) as mended; the act of February " , 1931 (46 Stat. 1hc1, 4o U.S.C.,
1958 ed., secs. 258a-258e); the act of April 11, 1956 (70 Stat. 105, !r3 U.S.C.
1958 ed. 620-62.00); and the Public t?crks Appropriation Act, 1977 (84 Stat. fc'o),
Public Law 91-439.
You are further notified that if you have any objection or defense to the
taking of your property you are required to serve upon plaintiff's attorney
at the address herein designated within twenty days after personal service
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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 nature and extent of the interest claimed and stating all year objections
and defenses to the taking of your property. 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 to 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 you may serve 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 itoticc of
appearance, you may present evidence as to the amount of the c mpensation
to be paid for the property in which you have any interest and you may
share in the distribution of the award of compensation.
You are further notified that trial by jury of the issue of just
compensation is demanded by plaintiff.
UUTTED STATES OF AHSRLCA
TAMES L. TREECE
United States Attorney
/s/ Leonard Campbell
LF7OUARD CAMP1 P1L
Assistant United States Attorney
p. o. Box 1776
Denver, Colorado 80201
837-41 :'
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ARCHER-WELD 230-KV TRANSMISSION LINE AND ACCESS ROAD
• _I.-COLORADO RIVER STORAGE PROTECT
• F. A. SIDWELL AND SONS, INC.
CARR, COLORADO •
•
• PARCEL NO. 37 DRAWING NO. 864-703-98
37.1 -99
40 -100
''0 -101
1 0a -JUL
40 -102
40b -102
42 -102
Tract No. 16
Six parcels of land containing 62.32 acres, more or less, situated in Lhe
W,SW?- and Lot 4 of Section 5, the W?;W, of Section 8, the W1W'; of Section 29, the
Wti;NW NW;SW,i,-, *WI; and the SW SE,; of Section 32, Township 10 North, hinge 66
West of the Sixth Principal Meridian; and the SaN'.4 WzSW, Lot 3 and Lot 4 of
Section 5, Township 9 North, Range 66 West of the Sixth Principal Meridian.
kTRANSNSSSION LINE
The first three parcels of land, hereinafter designated Parcel No. 37. 1, Parcel
• No. 40, and Parcel No. 42, being 100 feet in width, extending to and limited by
the property boundary linos, everywhere distant 50 feet un each aide of the
following described centerline, except as otherwise described:
Parcel No. 37.1
Beginning at a point on the north boundary line of said Section 8,
said point being situated easterly 290 feet from the northwest
corner of said Section 8; thence South 14°18' East, 2,758 feet, at
which point the easement width to the left of centerline increases
to 115 feet; thence continuing South 14°18' East, 75 feet to an
angle point; thence South 19°02' West, 75 feet, at which point the
easement width to the left of centerline decreases to 50 feet;
thence continuing South 19°02' West, 2,577 feet, to a point of
ending on the south boundary line of said Section 8, said point
being situated easterly 193 feet from the southwest corner of said
• Section 8, said parcel of land containing 12.89 acres, more or less.
Parcel. No. 40
Beginning again at a point on the north boundary line of said
Section 29, said point being, situated easterly 3.04 feet from the
northwest corner of said Section 29; thence South 0°09' East,
2,505 feet, at which point the easement width to the right of
centerline increases to 115 feet; thence continuing South 0°09'
East, 75 feet, to an angle point; thence South 20°11' East,
75 /feet, at which point the easement width to the right of •
centerline decreases to 50 feet; thence continuing South 20°11'
. East, 1,231 feet, at which point the easement width to the left
of centerline increases to 115 feet; thence continuing South 20"11'
East, 75 feet, to an angle point; thence South 10°01' East, 75 feet,
at which point the easement width to the left of centerline decreases
to 50 feet; thence continuing South 10'O1' East, 1,263 feet, to
a point on the south boundary line of said Section 29, said point
being situated easterly 806 feet from the southwest corner of said
Section 29; thence continuing South 10°01' East, 5,378 feet, to a
point on the south boundary line of sn.id Section 32, said point
•
being aituated easterly 1.,7',t feet from the southwest corner cif
oath section 32; thence continuing South 10'0l' Emit, .1 . 1O1, feet,
at which point the easement width to the left of centerline finer„ase::
to llh' feet; thence continuing South 10°O1' East, 75 feet to an
angle point; thence South 32"19' West, 75 feet, at which point the
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TXWtPTT "A"
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easement width to the left of centerline decreases to
50 feet; thence continuing South 32°19' West, 2,340 feet,
to a point of ending on the northeast right-of-way boundary
line of the Union Pacific Railroad in the NW-SW,i--, of said
Section 5, Township 9 North, Range 66 West, said point being
situated North 11°00' East, 2,202 feet from a point on the
south boundary line of said Section 5, said point in turn
being situated easterly 117 feet from the southwest corner
of said Section 5, said parcel of land containing 33.60 acres,
• more or less.
Parcel No. 42
Beginning again at a point on the southwest right-of-way
boundary line of the Union Pacific Railroad in the NWiSWI of
said Section 5, Township 9 North, Range 66 West, said point
being situated North 27°08' East, 1,774 feet from a point on
the south boundary line of said Section 5, said point in turn
being situated easterly 117 feet from the southwest corner of
said Section 5; thence South 32°19' West, 228 feet, at which
point the easement width to the right of centerline increases
to 115 feet; thence continuing South 32°19' West, 75 feet, to
an angle point; thence South 0°23' West, 75 feet, at which
point the easement width to the right of centerline decreases
' to 50 feet; thence continuing South 0°23' West, 1,437 feet to
. the point of ending on the south boundary line of said Section 5,
said point being situated easterly 117 feet from the southwest
corner of said Section 5, said parcel of land containing 4.46
acres, more or less.
The fourth parcel of land, hereinafter designated Parcel No. 37, being more
particularly described by metes and bounds as follows; ,
Parcel No. 37
Beginning at the northwest corner of said Section 5,
Township 10 North, Range 66 West; thence easterly and
• along the north boundary line of said Section 5, 91 feet to
the northeast corner of said parcel; thence South 0°07' West,
4,222 feet, to an angle point; thence South 14°18' East, 1,187
feet to a point on the south boundary line of said Section 5;
thence westerly along the south boundary line of said Section 5,
104 feet to the southwest corner of said parcel, said corner
being situated easterly 238 feet from the southwest corner of
said Section 5; thence North 14°18' West, 988 feet to a point on
the west boundary line of said Section 5; thence northerly and
along the west boundary line of said Section 5,. 4,401 feet to
the northwest corner of said Section 5 and the point of beginning,
" ' said parcel of land containing 9.46 acres, more or less.
ACCESS ROADS
The fifth and sixth parcels of land hereinafter designated Parcel No. 40a and
Parcel No. 40b being 30 feet in width, extending to and limited by the property
boundary lines and the U.S. Bureau of Reclamation's Archer-Weld 230-Kv and
Cheyenne-Greeley 115-Kv Transmission Line easements, everywhere distant 15 feet
on each side of the following described centerlines;
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Parcel No. 40a
Beginning at a point on the east ight-of-way boundary
line of said Archer-Weld 230-KV ansmission Line, said
point being situated North 10°01' West, 438 feet from a
point on the south boundary line f said Section 32, said
point in turn being situated east rly 1;809 feet from the
southwest corner of said Section 2; thence from the point ,
of beginning South 75°18' East, 7 5 feet to am angle point;
thence South 4G°44' East, 294 fee to an angle point; thence
South 89°47' East, 273 feet to an angle point; thence
South 0°13' West, 15 feet to the enterline of an existing
gate in a County Road right-of-wa fence; thence continuing
South O°13'• West, 36 feet to the oint of ending on the
centerline of a County Road, whiel is on the south boundary
line of said Section 32, said poi t being situated easterly
2,912 feet from the southwest cor er of said Section 32,
said strip of land containing 0.9 acre, more or less.
Parcel No. 4Ob •
• Beginning again at a point on the centerline of the U.S.
Bureau of Reclamation's Cheyenne- reeley 115-Kv Transmission
Line, said point being situated S uth 55°52' West, 1,721
feet from a point on the north boundary line of said
Section 5, said point in turn bcil g situated easterly 1,758
feet from the northwest corner of said Section 5; thence
from the point of beginning South 58°35' East, 1,432 feet
to the point of ending on the wes boundary line of said
Archer-Weld 230-Kv Transmission I,' a easement, said point
being situated South 6°45' West, ,724 feet from a point
on the north boundary line of sai Section 5, said .point
4n turn being cituate,i r'steriy 1,758 feet from the horth”ect
corner of said Section 5, said st ip of land containing 0.99
acre, more or less.
Check a t engin/feering data:
By FLi c/�,.CLL., Cl; a . .j / 9 7 O
Office Engineer, Date
Bureau of Reclamation
Titleholders F.A. Bidwell and Sons, Inc.
Carr, Colorado
3.
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ARCf i4 -WELD 2__;0-;CV 1 (A s issio 1 iiiE
• COLORADO RIVLR STORAGE PRWDC_
NEIL A. BEN JON AND CATHERINE BLNSON
HUSLA≥D AND wuL
•
A'L'2, COLD ,ADO
DRAWL a NO. 86.-703-94
Tract :'To. 37-60
•
One strip,of land co ntainin;; 0.00 acres, more or 2ess, situated in the
of Section 8, Townzhip 7 North, Raw e 66 West of the Sixth hr incinal 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 ,north boundary line of said
Section 8, said point being situated easterly 125 feet •
. from the northwest corner of said Lcction 8; thence
• South 2°28' West, 2,613 feet to the :point of ending on
the south boundary line of the i;'AW,', of said Section 3,
said point being situated easterly 0 feet from the west
one-quarter corner of said Section 6.
Checked as to e ^sneering data:
By -.1/ AO ��.::.�-t �� [ :L.Jf::� llrL , �?
Office 'En”incer, irate
Bureau Of Reclamation
Titleholders; Nels A. Benson and Catherine Benson, Husband and Wife
Ault, Colorado
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EXHIBIT "H"
Y Y
. F 5{
xM,- . . .,..,,,: , • ,...... . . .. . n. .
•
I• A 'lux- -Er..i, r.:ila'•'Kv 1 1Yat:]S 31-( LINE
'COLOR. O R t(2L.'i Sl'(iRJ S'. PriGITs i;`s''
FRL'D BRINKMAN AND Ril•LI t1' BR1NttV iN
• h'US}u1. D .A;I1 WIFE
Ri'. 1., :ittll',, c:()14;FAi:c? . . ,
' DRAWIX;- "O. 864-703-t;;)
i
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• 1ra,It No. 3ti-6l . :. ,
one strip of land cont t t ,i.ng 5.'Ti acre:, tri..•t• .,>i• leso, 6 r!.tirl tot-2. in the W -SW!-
of Section 8, :I4nrtish .p 7 North, Range r',6 West of the :3i..,:tr ?rincipal Meridian;
se.•.d strip of land bei a 100 feet in wislt,.%l, ermr.:iiiki; i:rj ru4 ?.united by the
property boui.rir..ry lines; everywhere: digit:tn: 7,i0 feet on t'ac . .:- de of the following
described centerline:.
• ,Beginning at a point on the north b^y:.lc:4 27 line of tb.e W- SW! .
• .' of said Section a, sad point bt:ir.,- situated easterly 90 feet •
. from the:1feet one-quarter corner of said Section a; thence '
• South 2°28' West, 2,487 feet to the point of ending on the
north right-of-way boundary 3..i a of CLate }I.i hi ay 11i., said
• point being situated North 2°28' t;tst, 1.13 i'cet from a point
on the south boundary line or :ai4 .13ectis n a, said point in
turn being s .tuated eavtcrl.y 50 fe.c't from tht: southueet corner -
of said Section 13.
• Checked as to c ;ineeringr dots; . •
ri j(6 ' 9 ,./I .
i i i�'ir,
Office �Date
. B .roau of Rec lamest on.
Titleholders; ' ;'re vsr.►nk::::.F: land. f2el,:n ii iT1�.7.&t...r• �;i.'.i4,aan t and Wife ' .
l' ,
Zit. 1 '
. .. Lit'. C oLoJulo+. ,
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„' ~ � w. � + � ,tee, _ ,.. �, .... r • -. . '. , _ +',
ARCHER-WELD D PJC,-KV `I:IA S";:iii:,I(Th LIWL
COLORADO RIVER S►OOAAGB PROJECT
WILLIAM F. ;'1'ABRIZFU AND ]'I,T 1 SF II M. 1 A.RIZB 7S
R1 ETIP;i
• - RT. t%. bOX 119 ..
Y:ATi I, CO1.141A i t) .-•
DRAWING NO..e6i;:-7;i,^-96
Tract no. 41-64
One strip of land containing 6.15 acres, more or less, sit:zatuti an the WSW-
of Section 17, Township 7 Nt,rth, Range t6 WQ8L OC the Sixth Pri.nripa1 Meridian;
said strip of land being 100 feet in vidth, extLnding to and limited by the
property boundary lines, everyw.ere distant 50 feet on each side or the follaving
ueseribed centerline:
Beginning at a point on the north boundary line of the W SWµ of
said Section 17, said point being situated easterly 51 feet from
the west one-quarter corner of said Section 17; thence South 0°03'
'West, 2,642 feet to an ane+,].e point; thence South 1°51' West, 36 feet
to the point of ending on the aeuth boundary line of said Section 17, -
said point being situated easterly 52 feet from the southwest corner
of said Section 17.
Checked 'as to engineering data
Ot 'iee Engineer, 11,1',e
Iureau• o, Reclamation
;"i tleholier s; iu'. YnlJeIzeu.: Fu�:� �4w• 4 �.3 :::�: t4 1 nL.ri .e:.r, Bashand and Wife
R . 2, Bux. 11�1' .
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ter• - �,;► , — _ _
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AC.IL t 2::',0-.;:I T'l :', I;i2Aoh I._:,.i
C0n0RFDC R1Vr:a S Y, L Cli PR0J2C`:' '
PAUL Ll a
hIWS0R, COLD:t.D0
DRAWING NO. 8c4-703-97
Tract, No. .43-66
. A tract of land containirc 5.86 acres, ':ore 01' less, situated s'-'. t e v/1SW,; of
Section 20, Township 7 North, Range uo West of the Sixth Principal Meridian;
said tract of and being more particularly described by notes and bounds as
follows:
Beginnirg at the west one-Quarter cornor of said 1cc:ti0:: 0;
thence easterly and along the east-west centerline o ' saki
Section 20, 99 feet to the northeast corner of said tr::.-rt,
thence.South 1°51' . West, 2,6;'. -fee; to the southeast e0_ner .
of said tract thence westerly and along the south Coto...y J
`.line of said Lotion 20, 95 .ect to the south-.es correrof
said Section 20; thence North 1°1,6' Last, 2,034 feet to the
west one-quarter corner of said Section 20 and the point c
beginning.
Checked as to engineering data:
SYt . t, C. ..,.�
OaTice inir.eer, Date
Hurcau'of Reclamation
Titleholder: Paul Lind
_ Rt. 1, Box 99
Windsor, Colorado
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SIT "La
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