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MAR-05-1935 15:47
GOSUCHKIRGlS L.L C.
3032380215 P,002/004
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DISTRICT COURT I JEFFERSON COUNT'{, C01,ORADO
Ca$e No. 95-CV-1230, Div. 8
RULE AND ORDER
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Fv",c'I'N THE _..,.~)-'-,
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CITY OF WHEAT RIDGE, a municipal corporation for t~RBtal~99i
Colorado,
Petitioner,
JEFFERSON COUNTY,
COLORADO
v.
SECOND CONVENIENCE STORES PROPERTIES CORP., a Delaware
corporation;
THE LONG TERM CREDIT BANK OF JAPAN LTD.;
BELEN PHILLIPS as Public Trustee of the County of Jefferson; and
ROBERT BAMMERLIN, in his official capacity as Treasurer of
Jefferson County, Colorado,
Respondents.
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THIS MATTER having come before this Court upon the
parties' Consent to Entry of Rule and Order, and ~t appearing to
the Court from the records and files here~n that all persons
interested as owners or otherwise, as appearing of record, have
been joined as parties respondent,
THE COURT NOW FINDS:
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1, That the Court has full and complete jur1sdiction
of the subject matter of this action and the parties thereto; and
that ssrvi~e has been mad~ upon all pRr~i~s as required by law,
or that the same have subjected themselves to the jurisdiction of
this Court.
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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, Th~t Respondent Second Convenience Stores
Propert~es Corp, has consented to entry of a Rule and Order and
has agreed that the sum of $8,105.00 shall constitute full
settlement of all claims of this Respondent against ~et~tioner
which relate to the subject matter of this action, including just
OJ~\S3027\1~572~ 1
RECEPTION NO. F0231307 21.00
230 RECORDED IN JEFFERSON COUNTY. COLORADO
PG: !)O'~J 1-(" '4
5/10/96
8:48
MAR-05-1995 15 48
GOSUCHKIRGIS L,L,C.
3032980215 P.003/004
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compensation for the condemnation of the property described in
paid Exhibit A.
4. That Respondent The ~ong Term Credit Bank of J~p~n
waives any and all interest it may have in the proceeds of th~s
action and has no objection to the entry of a Rule and Order
condemning the property described in Exhibit A hereto and
incorporated herein by this reference.
5. That by Order of this Court dated August 23, 1995,
Respondent Helen Phillips, as Public Trustee, was dlsmissed from
this action.
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6. That Respondent Robert Bammerlin, as Treasurer of
Jefferson County, Colorado, filed a Disclaimer and Motion to
Dismiss with this Court on August 11, 1995.
7. The Court further finds that petitioner has
heretofore deposited with the ~lerk ~, ~^i~ Court the 5um or
$8,105.00.
8, That Petitioner and Respondent Second Convenience
Stores Properties Corp. bave agreed that the amount of total just
compensation for the property taken by Petitioner herein, and
appurtenances thereto, including damages, interest, court costs
and ~~~rf.~~~~ fees( is $ 8,105,00.
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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
~~@ intQr@~t~ or ~e~pondent B~~~n~ Q~nv~ni~no~ ~tor@~ rro~~rti~p
Corp. in s~id real estate property have been acquired by
Petitioner and said real property is hereby conveyed in permanent
easement to Petitioner.
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IT 18 FURTHER QRDERED, ADJUDGED ArlD DECREED that the
Clerk pay from sums on deposit with the Registry of this Court
the sum of $8,105,00 plus all accrued interest to Second
Convenience Stores Propertles Corp" c/o Jim Price, President,
1172 Park Avenue, New York, New York 10128-1213,
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
No F0083518 in the records of the Clerk and Recorder of
Jefferson County, Colorado, is hereby released.
OJC\S3027\145723 1
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MAR-05-1995 15:48
GOSUCHKJRGIS L,L,C.
3032980215 P,004/004
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Respondent Robert Bammerlin, as Treas -of Je son County,
shall be ~nd hereby is dismissed om this action 'th prejudice.
DONE this -Li-- da
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DJB\S.Q27\11S72. 1
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BY THE COURT:
District
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TOTRL P 004
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EXHIBIT A
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A PERMANENT EASEMENT OVER 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 EAST 3 FEET OF THE NORTH 16 FEET OF SOUTH 26 FEET AND THE
SOUTH 10 FEET OF THAT PARCEL OF LAND DESCRIBED IN THE OFFICIAL
RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO AT
RECEPTION NUMBER 87042652. TOGETHER WITH THE PORTION OF THE
ABOVE REFERENCED PARCEL LYING SOUTHWEST OF A LINE RUNNING FROM
THE P.C. TO THE P.T. OF THE CURVE AT THE SOUTHWEST CORNER OF SAID
PARCEL.
SAID TRACT CONTAINS 1800 SQUARE FEET MORE OR LESS.
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