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HomeMy WebLinkAbout0506 RECEPTION NO. F0146134 16.00 744 RECORDED IN JEFFERSON COUNTY, COLORADO PG: 0001-003 11/16/95 10:40 f \\1 f:J~ ~ o DISTRICT \/+ /~j Civil Action No. 95 CV 1127, Division 8 RULE AND ORDER CITY OF WHEAT RIDGE, a home rule municipal corporation, Petitioner, v. DAVID L. EMGE; MARGARET ANN EMGE; THE MUNICIPAL CREDIT UNION OF DENVER; TED B. MOORE; HELEN PHILLIPS, as Public Trustee of Jefferson County; and ROBERT BAMMERLIN, in his official capacity as Treasurer of Jefferson County, Colorado, Respondents. THIS MATTER having come before this Court upon the parties' Consent to Entry of Rule and Order, and it appearing to the Court from the records and files herein that all persons interested as owners or otherwise, as appearing of record, have been joined as parties respondent, THE COURT NOW FINDS: 1. That the Court has full and complete jurisdiction of the subject matter of this action and the parties thereto; and that service has been made upon all parties as required by law, or that the same have subjected themselves to the jurisdiction of this Court. 2. That the accurate legal description of the property being acquired by Petitioner herein is set forth in Exhibit A, attached hereto and incorporated herein by this reference. 3. That Respondents David L. Emge and Margaret Ann Emge (hereinafter lithe Emges") have consented to entry of a Rule and Order and have agreed that the sum of $1,856.00 shall constitute full settlement of all claims of this Respondent against petitioner which relate to the subject matter of this OJB\53027\132530.1 ac~ion, including just compensation for the condemnation of the property described in said Exhibit A. ~ 4. That Respondent the Municipal Credit Union and Respondent Ted B. Moore have no objection to the entry of a Rule and Order condemning the property described in Exhibit A hereto and incorporated herein by this reference. .;2 5. That Respondent Helen Phillips, Public Trustee of Jefferson County, filed a Motion requesting that she be dismissed as a party on July 13, 1995. 6. That Respondent Robert Bammerliur Treasurer of Jefferson County, has demanded payment of outstanding taxes in the amount of $6 63. 7. That Petitioner and Respondents the Emges have agreed that the amount of total just compensation for the property taken by Petitioner herein, and appurtenances thereto, including damages, interest, court costs and appraisal fees, is $1,856 00. 8. The Court further finds that Petitioner has heretofore deposited with the Clerk of this Court the sum of $1,856.00. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the taking of the property described in Exhibit A has been duly and lawfully taken and condemned by Petitioner pursuant to the statutes and the Constitution of the State of Colorado, and that the interests of Respondents the Emges in said real estate property have been acquired by Petitioner and said real property is hereby conveyed in fee simple to Petitioner. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Clerk pay $6.63 to Robert Bammerlin, Treasurer of Jefferson County, from the sums on deposit with the Registry of this Court. THE CLERK IS FURTHER ORDERED to pay from the remaining sums on deposit with the Registry of this Court the sum of $1,849.37, plus any accrued interest, to David L. Emge and Margaret Ann Emge, c/o David L. Emge, l5049 State Highway 72, Golden, CO 80403. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this Rule and Order be recorded and indexed in the office of the Clerk and Recorder of Jefferson County, Colorado, in like manner and in like effect as if it were a deed of conveyance from the owners and parties interested to Petitioner herein, and that the Lis Pendens recorded at Reception DJB\53027\132530.1 2 No. F0074663 in the records of the Clerk and Recorder of Jefferson County, Colorado, IS hereby released. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Respondents Municipal Credit Union and Ted B. Moore shall be and hereby are dismissed from this action with prejudice. DONE this 'f / ) day of ') Ie' ( , . , 1995. BY THE COURT: . , 'jo .,... . District Court Judge DJB\53027\13253D.1 3 3 j, ~ ~ ~ Q ~ 8 ~ ~ ~ ~ . EXHIBIT A A tract of land lying in the SW ~ of section 22; Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, state of Colorado, described as: THE SOUTH 7.5 FEET OF THE WEST 40 FEET AND THE SOUTH 15 FEET OF THE EAST 35 FEET OF THAT PARCEL OF REAL PROPERTY DESCRIBED IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO AT RECEPTION NO. 92064862. said tract contains 825 square feet more or less DJB\53027\122836.1 -4- ~~ ~ ~ ~