HomeMy WebLinkAbout1954 396
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IN THE DISTRICT COURl' Dl AND Fon TIlE
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:ILEu IN .;y,..i.. ,,{AVO
" OFFICE ON
STATE OF COLORADO
JUL Z5 ? 30 PH '67
RrCOIiDLO 'H 1~)51 396
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CIVIL ACTION NO. 25760
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COUNTY OF JEFFERSON AND
BOARD OF COUNTY CC>>IMISSIONERS
OF JEFFERSON COUNTY, and the
DEPARTMENT OF HIGHWAYS,
ST ATE OF COLORADO,
Pet it ioners,
VG.
AMDIDED RULE AND ORDER
ELIZABEl'H C. EHLERS; ERNEST
EHLERS; and FRANK STANDRO, no
Tronuuror of Jofforoon County,
Respondents.
t
THIS MATTER came on regularly for hearing this day upon
the Commissioners' Certificate of Ascertainment and Assessment
filed herein on the 6th day of March, 1967, which Commission \1aS
duly appointed to determine the compenoation to be allowed the
respondents interested in Parcel No. 139 Revised 2, and it
appearing to the Court from the records and files herein that
all persons interested as owners or otherwise, aa appearing of
record, have been joined herein as parties respondent;
THE COURT ?INDS that it has full and complete jurisdiction
of the aubject mattaI' of thls action and the parties thereto I
that aervicc has been made upon all interested parties as required
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by law; and that the Commission, after hearing the proofs and
allegations of the parties, and after vi.ewing the premises,
did find and determine in accordance with Chapter 50, Article I,
Section 18, Colorado Revised statutes 1963:
[Mt """Ie lOt
~fTEn RECOROING Pl ~
I'f\ 01 t~. $taIt III
Tll3 Department ot ,\-\~ghVf
H'i~wn'l QIliG8 BUlldtnlt ,
~~Ol r....lt AIkens" "venu'
Denver. Co!:mdo 80222.
"l1EN1\O~: Ri~..t of WI'! StdklG
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1. TI:nt Amended Exhibit "A" pertaining to Parcel No. 139 Pev.2,
accurately describeD the land tal:en.
2. Tha~ ~hc value of the property and improvement::; :lctu311y
taken io $125,000.00.
3. That the damages to the residue of such property and
improvemento a~e undisputed by the partics and arc NONE.
THE COURT FURTHER FINDS that the net award to the re::;ponrlcl"ts is
$125,000.00; that the petitioners have heretofore depocited into thc
IlIJg1atry Fllnd of tl10 Court the Dum of t.131,'770.00, fr::>nl ,; .ch the
reopondents have withdrawn thc cum of .$"(6,500.00; thnt $48,500.00 still
remains to be paid to the respondents; that the Commios iOnel'(l' appolnted
to determine and ascertain the compensation arc entitled to feeo for
their services in the total sum of $1,787.50; that the balance
remaining on deposit in this case is $55,270.00, which sum is sufficient
to pay the balance of the award and the compensatior to be paid to the
Commissioners for their services, and, therefore, it ~
ORDERED, ADJUDGED and DECREED that Parcel No. 139 Rev. 2,
described in Exhibit "A", attached hereto and incorporated herein
by reference, haEl been duly and lawfully taicen by the petitioners
pursuant to the Statutes and Constitution of the State of Colorado;
that thc interests of the rcspondents in said pat'cel have been acquired
by the petitioners, and that title to said property, together with all
appurtenances thercunto belonging, io hereby vested in the petitioners;
and, it is
FURTHER ORDERED that the Clerk of this Court return to the
pctitioner herein, the Department of Highways, State of Colorado, the
Bum of POUR THOUSAND NINE HUNDRED EIOHrY-TWO DOLLARS AND PUTl CENTS
(*4,982.50), which is the difference between the amount awa~ded and the
Commissioners' compensation, and the amount here~ofore deposited) and
it is
AFTER RECORDING PLEASE MAIL TO:
The Departmenl of Highways (if the Slate of Colorado
tlir.hw~y a!fi~e Bo:ldmg
4201 [a51 Arkansas Avenue
Dtnvcr, Colorado 80222
A1TENTlON: Riehl of Way Section
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FURTHER ORDERED tha~ a certified copy of this Rule and
Order bo recorded and indexed in the office of the Clerk and
Recorder in the County of Jefferson in like manner and with like
effect as if it were a deed of conveyance from the owners and
parties interested to the
DATED this I..:!... day
petitioners herein.
of
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Bt THE COURT I
, A.D.,
1967.
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DISTRICT COURT
County of Jefferson, Colorado
Certified to be full, true ~nd correct copy
of the original in my cust)y
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--,/ ~ (' it' ! C ...~' I II (t1.( IJ,t
Clerk of, ," '-" ~ Court?
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AnER RECOROrtlG PLEASE MAIl.: TOI
1'hc Department 01 Highways of the Slale of ColoradO'
lii[lhw<lY Ollice Building
4201 (ast Arkansas Avenue
Dcnvllt, Colorado f10222
ATTENTION: Rliht of Way S~
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AMENDED
EXHIBIT "A"
LEGAL D~SCRIPTION
Proj..ct No. I 7(\-3(8)268 Section 2
ll/)Lh 11, Wflds'W'orth-r-lt. Vernon Canyon
PARCEL NO. 13ry Rev. 2
A tract or parcel of land No. 139 Rev 2 of the De[lt.lrtrn~nt, -,f Hi~hways,
State of Colorado, Project No. I 70-3(8)268 Sec. 2 containi~ 5.)71 acres,
more or less, in Lots 13 & 14 Roxbury Gardens Subdivision; W2 of Nwt of Sec-
tion 29, Township 3 South, Range 69 West, of the Sixth Principal Meridian,
in Jefferson County, Colorado, said tract or parcel being more p~rticul,,~1y
described as follows:
Beginning at a toint on a property line from which the southeast corner
of the NWt of the NH'", of Section 29, 'I. 3 S , R. 69 W., bears S. 440 11' 45" E.,
a distance of 597.0 feet;
]. Thence, along a property line, N. 8:;0 43' 30" E., a distance of
66.2 feet;
2. Thence, along a property line, S. 000 29' 30" E , [l, dictnnce 01'
200.0 feet;
3. Thence, along a. property line, S 890 43' 30" W.) a distance of
ryO.8 feet;
4 Thence, S. 060 31' W., a distance of 161.1 feet;
5. Thence, S. 8S10 43' 30" W., a distance of 142.6 feet to the cast
line of Zinnia St.;
6. Thence, along the east line Gf Zinnia St., S. 000 47' 15" E., D.
distance of 40.0 fp.et to the north line of West 32nd Ave.;
7. Thence, along the north line of W. 32nd Ave., N. 890 43' 30" E., a
distance of 590.ry feet to the west line of Youngfield St.;
8 Thence, along thc west line of Youngfield St., N. 000 29' 30" W.,
a distance of 6111 3 feet to a northerly property line;
9. Thence, alonF, thp. said northerly property line, S 890 39' 45" ",.,
a distancft of 289.2 feet to a westerly property line;
10. Thence, along the westerly property line, S. 000 47' 15" E., a
distance of 25.0 feet to a northerly property line;
11. Thence, along the said northerly property line, S. 890 38' :,., a
distance of 59.7 feet to a property line;
12. Thence, along the property line, S. 000 30' E , a distance or 5.0
feet to the south line of West 33rd Ave.;
13. Thence, along tho south line of W. 33rd Ave, S. 890 38' W , a dis-
tance or 32 8 feet;
14. Thence, S 050 311 W. a distance of 185.0 feet, more or less, to
the point or beginning.
The above deocrlb(~d plJ.rcel contains 5.571 acres, more or less.
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