Free Disclaimer of Interest - District Court of Colorado - Colorado

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

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Filed 05/30/2007

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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.

DISCLAIMER OF INTEREST OF DEFENDANT SOUTHERN UTE INDIAN TRIBE

COMES NOW Defendant Southern Ute Indian Tribe, by and through Maynes, Bradford, Shipps & Sheftel LLP, and states as follows: 1. On March 22, 2007, Plaintiff United States filed a Second Amended Complaint in Condemnation and a Second Amended Declaration of Taking in reference

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

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to certain real property located in La Plata County, Colorado ("Second Amended Property"). 2. Plaintiff United States recognizes that Defendant Southern Ute Indian Tribe has or may have an easement or right-of-way in, on, over, and across certain parts of the Second Amended Property. (Stipulation By And Between Plaintiff United States of America And Defendant Southern Ute Indian Tribe (("Stipulation")), ¶ 2.) 3. Plaintiff United States condemned the Second Amended Property "subject to existing rights-of-way for roads . . . ." (Second Amended Declaration of Taking, Second Amended Schedule B.) 4. Plaintiff United States named the Southern Ute Indian Tribe as a defendant in order to give notice of the condemnation to the Southern Ute Indian Tribe. (Stipulation, ¶ 4.) 5. In naming Southern Ute Indian Tribe as a defendant, Plaintiff United States also recognized that the Southern Ute Indian Tribe may be immune from suit in this action. (Stipulation, ¶ 5.) 6. The United States and the Southern Ute Indian Tribe stipulated and agreed that the Southern Ute Indian Tribe has not waived its sovereign immunity by being named as a defendant in this civil action. (Stipulation, ¶ 6.) 7. The United States and the Southern Ute Indian Tribe stipulated and agreed that the Second Amended Declaration of Taking did not and does not impact, affect, or

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

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extinguish the Southern Ute Indian Tribe's easement, if any, in, on, over, and across the Second Amended Property. (Stipulation, ¶ 7.) 8. Accordingly, the Southern Ute Indian Tribe hereby disclaims and waives all right, title, interest, or claim in the just compensation paid or to be paid or the settlement payment paid or to be paid for the Second Amended Property. 9. This disclaimer is only for the purposes of this action. 10. By the filing of this disclaimer, the Southern Ute Indian Tribe does not waive its sovereign immunity. Dated: May 30, 2007.

RESPECTFULLY SUBMITTED MAYNES, BRADFORD, SHIPPS & SHEFTEL, LLP

S/ Adam Reeves ADAM REEVES P.O. Box 2717 Durango, CO 81302 Telephone: (970) 247-1755 Fax: (970) 247-8827 E-Mail: [email protected] ATTORNEY FOR DEFENDANT SOUTHERN UTE INDIAN TRIBE

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

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on May 30, 2007, l electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses: MALCOLM MURRAY, ESQ. KENNETH SKOGG, ESQ. JANNINE R. MOHR, ESQ. MICHAEL A. GOLDMAN, ESQ. SCOTT M. CAMPBELL, ESQ. STEPHEN D. TAYLOR, ESQ. BARRY SPEAR, ESQ. TIMOTHY MONAHAN, ESQ. TODD MILLER, ESQ. [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

/s/ Suzanne P. Singley By: Suzanne P. Singley MAYNES, BRADFORD, SHIPPS & SHEFTEL, LLP

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