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HomeMy WebLinkAbout0431 I ~ OD ;\ ....J -< z ." '.,., MAR-05-1935 15:47 GOSUCHKIRGlS L.L C. 3032380215 P,002/004 , . .. v ~ DISTRICT COURT I JEFFERSON COUNT'{, C01,ORADO Ca$e No. 95-CV-1230, Div. 8 RULE AND ORDER o IJ Fv",c'I'N THE _..,.~)-'-, ~-':= 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. 0: o ~ CJ :z ()l 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: ,r 'LJ (~ -, 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. o Z <f. (/;.. ru a: ;.:j ~ -< Z (9 (/) 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 , ' .... ~ 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. J 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. ,~~ k 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. J 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 2 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 ...J <( z o a: o 1- o Z I'; -::: 1'-.' c <~~ l~ .. i:~ DJB\S.Q27\11S72. 1 J BY THE COURT: District 3 TOTRL P 004 ..., EXHIBIT A ~I 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. -' <( Z '-- "", .... ,..., (~-- .;. DJB\53027\122825.1 -4-