Free Stipulation - District Court of Colorado - Colorado

Case 1:03-cv-01095-JLK-GJR

Document 176

Filed 11/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01095-JLK-GJR UNITED STATES OF AMERICA, Plaintiff, v. 60.52 ACRES OF LAND, MORE OR LESS, LOCATED IN LA PLATA COUNTY, STATE OF COLORADO; SHIRLEY ISGAR; CHARLES ISGAR; STATE OF COLORADO; WHEELER ONE TRUST; COLLYER FAMILY TRUST; LA PLATA COUNTY TREASURER; CHEVRON U.S.A. INC.; SOUTHERN UTE INDIAN TRIBE; LA PLATA ELECTRIC ASSOCIATION, INC.; ATMOS ENERGY CORPORATION; QWEST CORPORATION; and UNKNOWN OWNERS, if any, Defendants.

STIPULATION REGARDING INTEREST OF DEFENDANT QWEST CORPORATION

COME NOW Plaintiff United States of America and Defendant Qwest Corporation, by and through, their respective undersigned counsel, and stipulate and agree as follows: 1. This is an eminent domain action to acquire certain fee simple estates and a temporary easement in and to 60.52 acres of land, more or less, situated in La Plata County,

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Case 1:03-cv-01095-JLK-GJR

Document 176

Filed 11/07/2007

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Colorado, as more particularly described in the Second Amended Schedule B and as more particularly designated in the map at the Second Amended Schedule C attached to and incorporated in the Second Amended Declaration of Taking filed in this civil action and incorporated herein by reference ("Condemned Property"). 2. Plaintiff United States of America condemned the Condemned Property "[s]ubject to existing rights-of-way for roads, and rights-of-way for telephone lines, transmission lines, ditches, conduits, or pipelines." Amended Schedule B. 3. Plaintiff United States of America stipulates and agrees that the Condemned Property was condemned subject to any and all existing rights-of-way for roads, and rights-ofway for telephone lines, transmission lines, ditches, conduits, or pipelines that Defendant Qwest Corporation had at the time of the filing of the Second Amended Declaration of Taking on March 22, 2007. Plaintiff United States of America agrees to reflect this agreement in the Final Order entered in the above-captioned action. 4. Defendant Qwest Corporation acknowledges and declares that it has no claim, right, title, interest and/or estate in the Condemned Property, except for any and all existing rights-of-way for roads, and rights-of-way for telephone lines, transmission lines, ditches, conduits, or pipelines that Defendant Qwest Corporation had at the time of the filing of the Second Amended Declaration of Taking on March 22, 2007. 5. Defendant Qwest Corporation disclaims and waives any and all claim, right, title, interest and/or estate in the just compensation, if any, paid or to be paid for the Condemned Property in this action. Second Amended Declaration of Taking, Second

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Case 1:03-cv-01095-JLK-GJR

Document 176

Filed 11/07/2007

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WHEREFORE, Plaintiff United States of America and Defendant Qwest Corporation do hereby stipulate and agree as set forth herein and ask the Court to adopt the Stipulation as an Order of the Court. DATED this 7th day of November 2007. TROY A. EID United States Attorney LOWE, FELL & SKOGG, LLC

s/Stephen D. Taylor Stephen D. Taylor Assistant U.S. Attorney 1225 Seventeenth Street Suite 700 Denver, CO 80202 Telephone: 303-454-0100 Fax: 303-454-0408 Email: [email protected]

s/Jannine R. Mohr Jannine R. Mohr 370 17th Street, Suite 4900 Denver, CO 80202 Telephone: 720-359-8000 Fax: 720-359-8201 Email: [email protected] ATTORNEYS FOR DEFENDANT QWEST CORPORATION

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Case 1:03-cv-01095-JLK-GJR

Document 176

Filed 11/07/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on November 7, 2007, l electronically filed the foregoing STIPULATION REGARDING INTEREST OF DEFENDANT QWEST CORPORATION with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses: KENNETH SKOGG MALCOLM MURRAY [email protected] [email protected] [email protected]

MICHAEL PATRICK WILSON SAM W. MAYNES SCOTT M. CAMPBELL STEPHEN D. TAYLOR

[email protected] [email protected] [email protected]

MICHAEL A. GOLDMAN [email protected] ADAM REEVES JOHN BARLOW SPEAR [email protected] [email protected]

s/Anne Van Teyens

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