Free Stipulation - District Court of Colorado - Colorado

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

Document 166

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.

STIPULATION BY AND BETWEEN PLAINTIFF UNITED STATES OF AMERICA AND DEFENDANT SOUTHERN UTE INDIAN TRIBE

COME NOW Plaintiff United States of America, by and through the United States Attorney for the District of Colorado, and Defendant Southern Ute Indian Tribe, by and through Maynes, Bradford, Shipps and Sheftel, and stipulate and agree as follows:

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

Document 166

Filed 05/30/2007

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1. On March 22, 2007, Plaintiff United States filed a Second Amended Complaint In Condemnation and a Second Amended Declaration of Taking in this civil action in reference to certain real property located in La Plata County, Colorado, as more particularly described in the Second Amended Schedule B and delineated in the maps in the Second Amended Schedule C attached to the Second Amended Declaration of Taking ("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 Parcel RBR-5E(Fee) in the Second Amended Property. (Second Amended Complaint In Condemnation, ¶ 11.) 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 Defendant Southern Ute Indian Tribe as a defendant in this civil condemnation action in order to give notice to Defendant Southern Ute Indian Tribe of the condemnation action. (Second Amended Complaint In Condemnation, ¶ 13.) 5. Plaintiff United States also recognizes that Defendant Southern Ute Indian Tribe may be immune from suit in this action. (Second Amended Complaint In Condemnation, ¶ 12.)

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

Document 166

Filed 05/30/2007

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6. Plaintiff United States and Defendant Southern Ute Indian Tribe stipulate and agree that the filing of this Stipulation is not and shall not be construed as a waiver of Defendant Southern Ute Indian Tribe's sovereign immunity. 7. Accordingly, Plaintiff United States and Defendant Southern Ute Indian Tribe stipulate and agree that this civil condemnation action shall not and does not impact, affect, or extinguish any easement that Defendant Southern Ute Indian easement may have or may later assert, in, on, over, and across Parcel RBR-5E(Fee) in the Second Amended Property irrespective of whether such easement is recorded, unrecorded, deeded, prescriptive, or otherwise.

Respectfully submitted, TROY A. EID United States Attorney MAYNES BRADFORD SHIPPS & SHEFTEL

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 E-mail: [email protected] ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA

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

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

Document 166

Filed 05/30/2007

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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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