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RECEPTION NO. F0146134 16.00
744 RECORDED IN JEFFERSON COUNTY, COLORADO
PG: 0001-003
11/16/95 10:40
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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.
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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.
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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
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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
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, 1995.
BY THE COURT:
. ,
'jo .,... .
District Court Judge
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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
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