Loading...
HomeMy WebLinkAbout0097 " ~v Rec"rded at................................o'clock............M., ~. -.l' '1. -, Reception No...............LLAL . .il.J.~ ,. ...........................................................:...............fte.c9rder. ( Tms DEED, Made 19 7 4 ' between this 11th day of October Recorder's Stamp g ;~ c::: _,_ r: :c: 't:;. -;j ;;;- -< 1:.:-" r< m Jefferson and State of "" r- ;;:-_- 'PJ .. ,. -. (: ""I-r-:; i ,I. ~ ~ OJ' ~ U' ~ ~r-: -"'1 G. Paul Talbert and Winifred S. Talbert of the County of Colorado, of the first part, and The City of Wheat Rid~e, a rIunicipal C or')ora ti on, a corporation organized and existing under and by virtue of the laws of the State of , of the second part: WITNESSETH, That the said parties of the first part, for and in consideration of the sum of - -Tl cr' - d "11 - (&7 (Joa 00) DOLLARS lrec lr10lIS<ln va ars c;l.J, . --------------------------------- , to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, seIl, convey and QUIT CLAIM unto the said party of the second part, it~ successors and assigns forever, all the right, title, interest, claim and demand which the said part i e s of the first part ha ve in and to the foIlowing described situate, lying and being in the County of C) c..o : >- . WlffiAT; \ E. -~(;E \ DEED . '17 '-/ Jefferson and State of Colorado, to wit: Legal uescription attached TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever. IN WITNESS WHEREOF, The said part ies of the first part ha ve hereunto set theirhand3 and seals the day and year first above written, - 'i. .~L :,~.d.='~:~='=:=:=: ~~~~:::::: /I....}':, ~fL~ v. .................................................................................................. [SEAL] STATE OF COLORADO, County of Jefferson } ss, 19 The foregoing 74,by* G. instrument was acknowledged before me this / / << Paul Talbert and Winifred S. Talbert day of (t l"'--:t~,'-{ "\..' My commission expires (~V(.C I 'f , 19 7 C . Witness my hand and official seal. .....2)m~>:::.~0I;.r.:>;.....Jl:..~..\.J2l:......~.{H;.4"'-L.......... Notary Publle, ._~ / . It by natural person or persons here insert name or names: if by person acting in represen tattve or official capacity or as attorney-in-fact, then insert name of person as executor, attorney-in.fact or other capacity or description: if by officer of cor- poration... then insert name of such of ricer or officers. as the president or other ofrieers of such corporation. naming It.-Btatutortl .Aoknow~dgmen.t. 8688icn1. 1927 .. (... r No. 522. QUIT CLAIM DEED TO CORPORATION.-Bradford Publishing Co.. 1824 Stout Street. Denver, Colorado. -2.70 2t)'~ ,,)bJ Z6'/2 ~G6 EXIII 13 IT ^ A parcel of land lying in the NW\ of the SW\ of S<lction :;>2, '1'3S, H69\<I of the 6th P.M., C.l.ty of Wheat Ridge, Jefferson County, Colorado, more particularly described as follows; Beginning at the southeast corner of Lot 13, Talbert Subdivision, a recorded plat in Jefferson County, Colorado, said point being on the ea~t 1 ine of the NW~ of the ~jw':i of sa id Sec- tion 22; thence Soo06.3'W along the east line of the NW\ of the SW\ of said Section 22 a distance of 56 feet to the TRUE POINT OF BEGINNING, said point being 614.72 feet south of the northeast corner of the NW~ of the SW~ of said section 22; thence soo06.3'W along the east line of the NW~ of the SW~ of said Section 22 a distance of 77.42 feet to a point on the northerly line of a parcel of land described in Book 2411 at Page 924 of the Official Records of Jefferson County, Colorado; thence N80029.8'W along the northerly line of the parcel described in said Book 2411 at Page 924 a distance of 445.99 feet to a point 440 feet west of the east 1 ine of the NWI.t of the SW\i of lli'lid section 22; thence NO 006.3' E parallel to the cast line of the NW~4 of the SW~ of said Section 22 a distance of 61.54 feet to the southwest corner of said Talbert Subdivision; thence S89046.1'E along tile south line of said Talbert subdivision a distance of 292.50 feet to the Bouthwest corner of Lot 13, said Talbert Subdivislon; thence soo06.3'W parallel to the east line of the NW~ of the SW~ of said Section 22 a dist~nce of 56 feet to a point 613.38 feet south of the north 1i llC of the NW'4 of the SW\ of said Section 22; thence SB9046.1'E parallel to the south line of said Talbert Subdivision a distance of 147.50 feet to the TRUE POINT OF BEGINNING. 2(,'/2 b6(; , -~ , , c .~ -- -, ,~JLLJ T I O!\J 1\:Cj. J ~~:3 ~-'~~2~i23 [1-; 'jI] 7L, c ,=~ ; II ,L:\ = t '-, ~ C~ j. t,' [-; un:; l [; i l t h t.! ~l i 0-; T: -:-1 _~ \. 1 f [ 1 ~ -, :_-: :J r o'l_I~;_~, iLT-,='t~-:-i :J\J r.::=; ,-L.t ij~ tht":: -,:-:r-l~Ji..~l.LtiLjl b,' Li,,' ,-" r-J ;:'1"'" i ~ - t , I i - [' i.: 1 -~ ' [iTii:~;t ,,-~-j~:i, appr"J^irr~1t.?L~: Ci-1C 2;:'J ~l>,-!t~:-lth~l ::'L--::'_ 1 ! -~ j r ~ l =~ -1'-] i ~; q : 0 r' tJ~"I: ::ir;d :_it':ni.fre~ c;.. T=-j1.t1~rt; u!ld I j~-;:=F< c.,~:" S, t~i ~:3 =2 p!.~c ," ~2 j iil ~j:i i-::i\J:::: 'j'-~:-i2 t [J trial i:1 t 112 Li~tric.t Cou~t for J~ff2Tson Count V and a settlenent was r28ched ~3tL~factc~y to all pa~ties and the Court. Said settlement being 3:J follo!.cJs: (3) Payment of $3,000.00 by the City of Wheat Ridg~ to G. Paul Talbert and Winnifred S. Talbert. (0) Agreement thet the Talberts ffiay retain a buffering tract of lend between their house and the proposed Greenbelt Par~. Said buffering tract to consist of a strip of property abutting the Talbert Lot Number 13, and baing 147.5 feet in depth and 55 feet in width. (c) Agreement that the City of ~he2t Ridge will have thp. buFfering aree surveyed and uJill furnish the Talberta with a copy of said survey. (d) Agreement that the City of Wheat Ridge will r2- place the fe~cing w~ich the City wrongfully ~emoved along the r~2~ cf the Talbert's Lot r'U::loer 13. Ssid replaced fe;lcing to be c~13in liilked fencing. (e) Agre2~ent that the City of Whest Ridge will have t~le common bcundary e~lsting between the park and buffering strip fenced with chain linked fencing, and ( ~, , T ) Citv of ~h23t R~d~e to P3V th~ 2~p~rt lJitne33 P;::23 1 court CDS':3, 'l;-l-1 --; 1"-',' _..--.J .J--"'-J' f~2S l~sIJr~~rl bV R2~pn~d2nt~, T3l2~T~; 2nd WHEf~EAS, Mr. Maurice F. Fox, the 3t~orn2V employed to r:Jpresent the CitV, [;CSS submitted his bill in the ~GlOLlnt of S1,C-7S.00, ~nd the expert reel estate appreiser employ~d by the City, Mr. Earl R. Hauqhar, has submitted his bill in the amount of $1,050.00; ~ow, THEFEFD~E, BE IT RESDL~ED that the foregoing described ~;2ttlpm2nt is hereby ratified; th~ d23cribed s~rv2ying ~nd fencirG bhall be accomplish2d bv the CitV's D2p3rt~2nt of Parks and R2creatio~; t~lat tre 12g31 fe.=:3 l~ ~he dl-'OUilt Clr ~;.; I,OiS..UD b.? pa::d t8 nr.. f-13'.J::,ice F. Fox bV the Treasurar from qccount Nn. 415.21; and th3t all othar ~~~'--C1LUI~J" -' . c-l .., i":J ~ " fees and cc t~ shall b~ Gaid bj thp T~2~3ur~r upan billing fro~ th2 P~lrk L'lici-:; ,~;-'L.:i3iT~[J:~ FL!:iCI.. r-"-,I , I ..~ .~:- ,/} F~- S! '~iJ thj_C::j ~ISth u'J'j n-t=' C ' ~\ ~ \ \' 1 1 -; r , n. D. ,--,'1' I ILL ~" . u I_;t~ cF h tD [] P,3ul B. P,brar"son, Ph.D. \"13YOl' h TTEST: Elise Brougham, City Clerk :r~. \' \ IN THE DftSftlCT COURT IN AND FOR THE COUNTY OF JEFFBRSON AND STATB OJ COLORADO Civil Ac~a~ No. 41512 '~1 ~" ~ " ~ ~ ~ ~'. .. ',' CITY OF WHEAT RIDGB. a Muntejpal Corporation, of the County :4>1 Jefferson. State of Colorado. Ped tto.~. G. PAUL TALBERT, WINNIPRBD lJ. TALRBRT, PUBLIC TRUSTEB OF COUNTY OP JBPPBRSON. TiiB 'f OF THB COUNTY OF JEPPERSON. OF COLORADO, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) STIPULATION AND RULE AND ORDER and Respond..,t. " The partie. lUlreto.\'ly and through their attorneys. stipulate as fOllow.: 1. The above enditl.ct action came on regularly for trial before this Court ,__ July 30 and 31, 1974. with Maurice P. Fox, appearing a."torney for Petitioner, and George Alan Holley. appear!. as Attorney for Respondents, G. Paul Talbert and Winnifr.. S. Talbert; a jury of six persons was regularly impanelled andsworn to try the action and a stipulation was entered into in Open Court on July 31, 1914. 2. That Petition.l'~ll have jud~lIC!tnt condemning for its un as is set fortn.." fully in the complaint on file herein, that certain ,.,'Ii of land described as follows: A parcel of land lyin,p,fpe NWJc of th0 SWl$ of Section 22, T35. R69W at~, 6th P.M., City of Wheat Ridge, Jefferson .. y, Colorado, more particularly described .. ' oHows: Beginning at the Southeast corner of ~ot 13, Talbert Subdivision, a l'ecordedp.\..' in Jefferson County, Colorado, ..td point b.~: on the east line of the NW~ of the S~ of 51 .; Section 22; thence SOO 06.3' W along the east ~lA. of the NW\ of the SW~ of said Section 22 a di.~I~. of S6 feet to the true point of b.linninl~, '.U point being 614.12 feet south of the llortheaat ....1' of the NW\r Of the SWl( of said Section 22 i th...,.;;'SOO06. >' W along the eut line of the NWJc of the .. of said Section 22 a . ., ~', ". l, . distance of 77.42 feet to a point on the northerly line of a parcel of i_described in Book 2411 at Page 924 of the Officia1!1:_rds of Jefferson County. Colorado; thence NIO tt.3'W along the northerly line of the parcel ".tbed in Book 2411 at Pal. 924 a distance ot 40~t.. feet to a point 440 feet wett or the eut li..f the NWJ, of the Slfll of said Section 22; th~. NOo06.3'E parallel to the east line of the NW~ .f the SW_ of said Section 22 a distance of 61.54 ,..'t to the Southwest corner or said Talbert Sub.~jt.ion; thence 889046.ls along the south line of ..i4 Talbert Subdivision a dis- tance of 292.50 f.e," tho southwest corner of Lot 13, said Talbert su_.iI..' ',!.Sion; thence SOo06.3W parallel to the ea., ria. of the NW~ of the SW\ of said Section 22 a d....ee of S6 feet to a point 613.88 feet south of t'- north line of the N.~ of of the SW~ of said ",tion 22; thence 889046.1 D parallel to the south. line of said Talbert Sub- division a distance of 147.50 feet to the true point of beginning. 3. That Resp~.nts. G. Paul Talbert and Winnifred s. Talbert, shall recover from Petitioner. the total sum of Three Thousand Dollars ($3.000.00) of which Two Thousand Pour Hundred Dollars ($7..400.00) was withdrawn by Respondents. G. Paul Talbert and Winn!fll." 'ralbert. under Court Order dated July :no 1973. 4. That the Ptthioner will have the common boundary between Petitio..I"s proposed park and Respondent., G. Paul Talbert and Winntfred Talbert's abutting property surveyed at Petitioner's expense and will further furni~h a copy of said survey to ".pendentl, Talbert. 5. That Petitlofter shall pay unto Respondents, G. Paul Talbert and Win.tl-'d S. Talbert, Respondents' costs and disbursement. incur"d 1n thls action. taxed at and amounting to $648.50. 6. That the Petltioner shall replace the fencing which Petitioner through i_i agents. wrongfully removed from the rear of the Respond.at,. Talbert. Lot 13, Talbert Sub- division. said replaced '.acing to be ehain linked fencing. 7. That Petitu...r shall have the CODmlon boundary existinl between Petitioo.r's proposed park and Respondent. -2- . ", :.i. abutting property, fenced with chain linked fencing. .. ! --'1-7' 111L'~ Ihv MAUll tt p. POX: Attorney for Plaintiff 4315 Wadsworth Boulevard Wheat Ridge. Colorado 80033 424-444:5 :~~R~~ George Alan HOlley . Attorneys for Defendants, TallUtc't 4315 Wadsworth Boulevard Wheat Ridge, Colorado 80033 423-7131 RUt! AND ORDHR The above entitled cause coming on regularly for trial before this Court on July 30 and 31. 1974, with Maurice F. Fox, appearing as attorney for Petitioner, and George Alan Holley, .p,.aring as Attor.ey for Respondents, G. Paul Talbert and lUuifred S. Talbert; a jury of six pu- sons was regularly i_pa.elled and sworn to try the action, which ended in the Petitioner and Respondents stipulating as is set forth above, on the 31st d.y of July, 1974. WHEREFORE. by virtue of Chapter SO, Colorado Revised Statutes. 1963, as amended, the premises afore.aid ..., the stipulation of Petitioner and Respondent.. IT IS ORDlUUID, ADJUDGED AND DECREED, That Petit111111:'. have judgment condelln:tag for its use. that certain parcel ".. land described in Exhibit A attached hereto and incorporaN; herein. t 1 IT IS PUR!HBa ORDERED, ADJUDGED AND DECREED, Tn.. Respondents, G. Paul Talbert and Winnifred S. Talbert, recoyer from Petition.T, the sum of Three Thousand Dollar. ($S.OGO.OO) which au was deposited with the District Coul't under the above captl~n.d action number on the date of August 8. 1973, tOlether with Defendants court costs, jurr . ~3- ~~, I.". , 'I: ;~ fees and expert witness f.... disbursed and incurred in this action, taxed and aaounting to $___~sn DONB AND SIGNED IN OPEN COURT. THIS~.J~AY OP nr~^h.~ . A.D. 1914, NUNC PRO TUNC JULY 31, 1974. BY TRE COt RT : ~ kUI'lALU J. HARDE.ST'! JttDG'f, DISTRiCT COURT Ce. ,t C2rtif! ,'0 rr'. : ,. ".on" C' d "',, __. _", ,Olora 0 , ',,' ,'~ ''} ;o;-:d ,~orrect copy . ".' , ii r.-.j \..l:stody ui L': () . -4- MAURICE F FOX ATTORNEY AT LAW 431S WADSWORTH BOULEVARD WHEAT RIDGE, COLORADO 80033 TELEPHONE 424-4443 October 23, 1974 Mr. Bill McCarthy City Attorney City of Wheat Ridge 3760 Vance Street, Suite 305 Wheat Ridge, Colorado 80033 Re: City of Wheat Ridge - G. Paul Talbert, et ux Dear Bill: Enclosed please find the following documents: (1) Quit Claim Deed dated October 11, 1974, runnlng between G. Paul Talbert and Winifred S. Talbert, and the City of Wheat Ridge, a Municipal Corporation, which has been duly recorded at Book 2672, Page 565. (2) Stipulation and Rule and Order executed by the Court on October 22, 1974, Nunc Fro Tunc to July 31, 197 4. Your office should take the necessary action to inform the County Assessors Office that this property was acquired, nunc pro tunc to July 31, 1974, by the City of Wheat Ridge and to remove the same from the tax rolls of Jefferson County. If you have any questions, please feel free to contact me. Very truly yours, IllfU-~f~~ MAURICE F. FOX MFF /me Fncls, \i ~ "':';I1HT ,\ -" A parcel of land lying in the NW~ of the SW~ of Section 22, T3S, R69W of the 6th P.M., City of Wheat Ridge, Jefferson County, Colorado, more particularly described as follows: Beginning at the southeast corner of Lot 13, Talbert Subdivision, a recorded plat in Jefferson County, Colorado, said point being on the east line of the NW~ of the SW\ of said Sec- tion 22; thence Soo06.3'W along the east line of the NW~ of the SW~ of said Section 22 a distance of 56 feet to the TRUE POINT OF BEGINNING, said point being 614.72 feet south of the northeast corner of the NW~ of the SW~ of said Section 22; thence Soo06.3'W along the east line of the NW~ of the SW~ of said Section 22 a distance of 77.42 feet to a point on the northerly line of a parcel of land described in Book 2411 at Page 924 of the Official Records of Jefferson County, Colorado; thence NBoo29.B'W along the northerly line of the parcel described in said Book 2411 at Page 924 a distance of 445.99 feet to a point 440 feet west of the east line of the NW~ of the SW~ of said Section 22; thence Noo06.3'E parallel to the east line of the NW~ of the SW~ of said Section 22 a distance of 61.54 feet to the southwest corner of said Talbert Subdivision; thence SB9046.1'E along the south line of said Talbert Subdivision a distance of 292.50 feet to the southwest corner of Lot 13, said Talbert Subdivision; thence Soo06.3'W parallel to the east line of the NW~ of the SW~ of said Section 22 a distance of 56 feet to a point 613.3B feet south of the north line of the NW~ of the SW~ of said Section 22; thence S89046.1'E parallel to the south line of said Talbert Subdivision a distance of 147.50 feet to the TRUE POINT OF BEGINNING. ... _.~ .....;; '-' TELEPHONE 303/421.8480 Tf' ~ City of ......""'" 11.1 1_ lOGE, COLORAO~_~:::.. ..n~."~'JV71e (3, t <, l~).: I .~\ 3760 VANCE STREET. WHEA OFFICE OF THE CITY ATTORNEY 4 November 1974 Jefferson County Assessors Office 1700 Arapahoe Golden, Colorado 80401 Dear Sir: Paul Talbert. to 31 July 1974 via an Court. Please remove "The CarnClt[()ll Cl(V" MAURICE F FOX ATTORNEY AT LAw 4315 WADSWORTH BOULEVARD WHEAT RIDGE, COLORADO 80033 TELEPHONE 424-4443 TO: July 31, 1974 BILL MC CARTHY FROM: MAURY FOX RE: EMINENT DOMAIN PROCEEDING INVOLVING G. PAUL TALBERT AND THE CITY OF WHEAT RIDGE. The referenced eminent domain proceeding was completed by settlement after one and one-half days of trial to a Jury of six persons. Settlement consisted of the following: (a) Payment of $3,000 by the City of Wheat Ridge to G. Paul Talbert and Winnifred Talbert. (b) Agreement that the Talberts may retain a buffering tract of land between their house and the proposed Green Belt Park. Said buffering tract to con- sist of a strip of property abutting the Talbert Lot Number 13, and being 147.5 feet in depth and 56 feet ln width. (c) Agreement that the City of Wheat Ridge will have the buffering area surveyed and will furnish the Talbert's with a copy of said survey. (d) Agreement that the City of Wheat Ridge will re- place ~he fencing which the City wrongfully removed along the rear of the Talbert's Lot Number 13. Said replaced fencing to be chain linked fencing. (e) Agreement that the City of Wheat Ridge will have the common boundary existing between the park and buffering strip fenced with chain linked fencing. (f) City of Wheat Ridge to pay the expert witness fees, court costs, and jury fees incurred by Respondents, Talbert. A completed stipulation and Rule and Order to be pre- pared by my office and submitted to the Court for approval within ten (10) days from July 31, 1974. .,--.----- ~ To Bill McCarthy, ~y Attorney CITY OF WHEAT RIDGE - MEMORANDUM FromWard A. H-;;;ton, Director~ and Recreation Department Date December 19, 1974 Subject BELOW Approved Date CHAIN LINK FENCE TO BE INSTALLED ON PROPERTY OF G. PAUL TALBERT, RE: Your memo of December 13, 1974 The fencing specified in the stipulation and Rule and Order of the District Court will be installed in the Spring of 1975. It has not been installed to date, basically because there are no funds to pay for the materials in the 1974 budget. Although a non-budgetted item in 1975 we will be able to pay for the necessary materials. Installation will be made by the parks maintenance crew, as their schedule allows. 'J..bJ,.LLLlvLL..........) I1J1- ',/ ~ 1'51'--, < '. "-o~.Lu~\i-.s..-~ -- i2 ~ ~,\\ \JIIY M l()t~l\(f'("j i)H~I( r CITY ()F '1,lf..; '\' ;: i! 'qi f.H." I: t'.\ !" . \ t \. 1 f' t ~ I I , /ij__:hlLcI/)U~C:'L.L} 7/:"'- IA~. ir-(;' I' "'" i ..J ~< ~JjJ.(LC,------ A I . j f fr (, 14- f3~d . . /[". . l,.1 ", rJ ~r...-I!...&..._-/J S- y~\. a \,{ (-':_A..,....'~>c.."',...v ,UP, /- LuO-A-& '~r-)7.' (J~.d7 _.~. - . Ib- ~. ~~ r7~J!.~ ;:: t:: -<~I~~l~~ ~ (") -.J ;--, - -, --"1 = -""'!'"1 .,., -, --.. ~' .. '-, rV -, c::> .",- P.:: u, _..:- '- ;",\ Ie " - CD oF'...- ..,...~ ~ -i r-.> 0 ;0 ..r:: ~' ,---t ' \ !-;l.A..JJ . , ...) / --::Jcr<t'''H -' .." TO: Mayor PBU~ " ~bramson Alderman Mar'! Jo Cavarra Alderman Louise F. Turner Alderman Jos~ph M. Donaldson Alderman Robert G. Howard Alderman Cal"in O. Hulsey Alderman Lawrence ~. Merkl FROM: Office of thp. City ~ttorney DATE: SUBJ: Talbert Condpmnation Suit/Settlement There follows a resL'me, and my reconmendations, above subject: By Resolution #207, Council, on ?1 December 1972, directed the mayor, and city attorney, ~r. Maurice Fox, to condemn property (approximately 45,173.5 square feet) owned by G. Paul and Wi~fred S. Talbert for-- greenbelt pu~~u~~s. It was then contemplated that the property was o f a value of approyimately ~3,nnn.rn. It is assumed that Council was informed of potential expenses aside from those of just paying for the land. Suit was filed and City took possession. Certain fence(s) belonging to the Talberts were mistakenly removed by the City. Legal maneuvering ensued and expert appraisal witnesses were consulted/ employed. City attorney tendered his resignation. Trial was finally set Cafter postponements) for 13 and 14 February 1974. City attorney left C"ty employment on or about 7 January 1974 and Mr. William McCarthy assumed city attorney position. In mid January, Mr. ncCarthy obtained full Council approval to hire Mr. F ox to try case. Estimated fee, :\8110. on. PAGE TWO Mr. Fox and Mr. McCarthy confer; it had been learned that attorney for Talberts had obtained prospective evidence that Talbert property is worth more than 13,000.00. Trial dates set over to 30 and 31 July 1974 because of the unavailability of expert witnesses. Mr. Fox confers witt1 City expert witnesses, engages in research and further preparation. In mid July, Mr. Fa,: learrf_ that City expert witnesses are thinking thqt it may be necessary to raise their appraised value of the property. Mr. Fox does more research. Trial commences 30 July 1974. Evidence of it greater value is introduced. Evidence of wrongfuJ fence removal is introduced. Evidence is introduced that park patrons (particularly children) trespass on the remaining Talbert property. Shortly after noon, 31 July 1974, Alderman Turner, being informed of the status of the case, suggested that a settlement be arrived at generally along these lines: That only one-half the property be taken from the Talberts at the oririnally determined price of $3,nOO.Oo; the remaining one-half to be used a6 a buffer zone between the Talbert's residence and the greenbelt; ~ restoration of removed fences; ~the border of the buffer zone next abutting the Talbert's residence property be fenced at City expense; anc that the~ matters of boundaries be determined by a survey at City expense. Alderman Turner's recommendations ~Iere generally agreed to by all parties and Alderman Turner telephonically conferred with and obtained the agreement a to the settlement of that number R of Aldermen to constitute a majority. Parties then specifically agreed and the court adopted as its findings: (a) Payment of ~3,rnr.nn by the City of Wheat Ridge to G. Paul Talbert and Winnifre~ S. T2lbert. (b) Aqreemert that the T2lberts may retain a buffering tract PAGE THREE of land between their house and the proposed Greenbelt Park, ~aid buffering tract to ~onsi6t of a strip of property abutting the Talbert Lot Number 13, and being 147.5 feet in depth and 56 feet in width (8,260 square feet, or 1/5 of iJ:J.f:' "ReI!::). \(c) Agreement that the City of Wheat Ridge will have the buffering area surveyed and will furnish the Talbert's with a copy of said survey. (d) Agreement that the City of Wheat Ridge will replace the fencing which the City wrongfully removed along the rear of the Talbert's Lot Number 13. Sairl replaced fencing to be chain linked fencing. (e) Agreement that the City of Wheat Ridge will have the common boundary existing between the park and buffering strip fenced with chain linked fencing. (f) City of Wheat Ridge to pay the expert witness fees, court costs and jury fees incurred by Respondents, Talbert. Mr. Fox has submitted a bill, which includes monies for his additional work as set out above, in the amount of $1,075.00 (21~ hours at $50.nn per hour) anrl the city's expert witness, Mr. Earl R. Baughar, an appraiser, has submitted his bill for services in the_amount of $1,050.nn (42 hours at $25.00 per hour). It is my opinion that such bills are reasonable and the City Treasurer s~ax should be instructed to pay them. Mr. Fox (as of 13 August 1974) is preparing Rule and Order for the Court's approval. ulhen this has become final (signed by the Court), Ci ty ( ) should accomplish tl::l.a. furnishiR~ c:aplf Lu T dlLnts.., o/ld OOCEl1'llFllw-n-~descr'ilJeQ, f!WIcing........ Jbe s.w:vey has been ordered,t ct (!1:1 u9<..t-t:. .("U t,{ s#(~.&{. '"'-" "/ dAf;..(.t4:rs. . Also, the City I receive a deed for the property. I~ THl DISTPl[J COURT r~ AND FOR THF COU~TY OF JEFFLRSON AND qATI' OF COLORADO Civil Action ~o 41S]' CITY nF WHEAT RIDGF" a 'j Municipal Cor?oration, of ) the County of Jefferson ) State ot Colorado, ~ Pet i t ioner' , and " I I MOTrO\ FOR rOSTJNUA~rF tj, PAUL TALBERT, WINIFRED S TALBERT, PUBLl'= TRUSTIiB OF THE COUNTY OF JSFFf:RSO~;, THE TREASUREH OF T:ll: cou:ny OF JEFFERSON, STATE OF COLORADO, Respondents. ) I 1 , I \ " , i "1 COMES NOW, the City of Wheat Ridge ~y and through its Attorney, Maurice F. Fox, and respectfullY requests this Court for a continuance in the above captioned case to a time certain to be fixed by the Court , AliD t\S GROUNDS THEREFORE STATES UNTO THE I.OURT, 1. lhat Petitioner has been advised by its expert witness that because of conflicting appointments, concerning appraisal work with other governmental agencies, he could not be available for testimony. , .. , That Petiti.oner has been advised that the appraisal work Jone by ResponJents' appraiser would be unavailable to the jury because he has conflicting appoint- ments with other governmental agencies. _._" v _ !J~l~~&J:<i~ AAUR!.E r. ,-,.)X Attorney for Petitioner 4315 Wadsworth BoulevarJ Wheat Ridge Colorado Rnn~~ .1, 2 4- 4;1 .i ') IN THE llISTIUCT COURT U AND POR THE COOl\lTY OF JEFFERSON AND S't'ATE OF COLORADO ,~,' Civil Action No. 41512 CITY OF WHEAT RIDGJ\.a Municipal Corporation, of the e.unty of Jefferson, State of eolorado,' 'e.ti tioner, ) ) ) ) ) ) ) ) ) ) ) ) ~pondents. ) o R D E R Vs. G. PAUL TALBERT, WI~')!D S. TALBERT, PUBLIC TRU OF THE COUNTY OF JEFFE... . THE TREASURER OF THE COUN.:, OF JEFFERSON, STATE OF CqtORADO, THIS MATTEl~..having come before the Court on the Motion of the Petitioner, and the Court having read said Motion and ~(JY being fully .ldvised in the premises, hereby orders, the above capt.ioned case con- tinued to the 3()<{.:J/ da}I'Jof __~___., 1974. DONE A,1\.lD SIGIlli IN OPEN COURT, THIS Sa DAY OF J~. A.D. 1974. BY THE C(IURT: '. " \i " I: Ii /5/ ~~~~~, . ';)~ I't ^ ,;:~ CERTIFICATE I 'H~l'ebv cer! 1. fv ti:a t r naoded it true and correct copy of the within ',lotioll for Continuance and Order to the Attorney for Respondents, GenrRe \llan dOilev, Attorney at La\'i, LHS WaJsworth Boulevard, ',"heat IUlg.~, '.01orado 8Uld3, this 4th Jay of F~bl'uarv, .....n. 19-~.