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HomeMy WebLinkAbout1954 396 -I . 245542 'r~ 1-'-'1.. 2 4 5 5 4 ( IN THE DISTRICT COURl' Dl AND Fon TIlE ! .~~ r ,~ ;.,~_~,. ~ J t. i[ 1:.. " 'I "r' . 'j :ILEu IN .;y,..i.. ,,{AVO " OFFICE ON STATE OF COLORADO JUL Z5 ? 30 PH '67 RrCOIiDLO 'H 1~)51 396 ^, J~I<!ES I' ;:;;ii~ .DU,~l Y elf"; "..l Y ';> i'?ftORDE'R CIVIL ACTION NO. 25760 ~'7t'-3(8') Jtil 1.11 U(~ ;L f"J / 'I I 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 I 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 ,~ 1 ~}54 396 . 1 ~~j'1 3~? 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nl ,; .ch the reopondents have withdrawn thc cum of .$"(6,500.00; thnt $48,500.00 still remains to be paid to the respondents; that the Commios iOnel'(l' appolnted to determine and ascertain the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 . 2 . I 1954 3~8 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 'J((?~ (I Bt THE COURT I , A.D., 1967. ~ 7 '-, f' Y :,-<:'.-h <", " ~. " t<J.:vr- ) E /lA..../ /' DISTRICT COURT County of Jefferson, Colorado Certified to be full, true ~nd correct copy of the original in my cust)y ,) '. / III X / /' --,/ ~ (' it' ! C ...~' I II (t1.( IJ,t Clerk of, ," '-" ~ Court? "' "',...)1.' ~~ .. ".""'~j ./'-7J ~~';'-;'~~_. . ~.~~. ~ . , ., '7"'- '~" . ,"~/?;j.;:. ,.~", ,,'>':;;>" '~I.\"~'~.,l.H".. -'"' (1e)@Il'J,i,,,"'" ,- , '"." ~',r" " 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~ 3 1~lS1 3!lR I . 1 ~151 3~~ . 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. 1~54 ~~')