Free Motion for Disbursement of Funds - District Court of Colorado - Colorado

Case 1:03-cv-01298-JLK-GJR

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Filed 02/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01298-JLK-GJR UNITED STATES OF AMERICA, Plaintiff, v. 116.06 ACRES OF LAND, MORE OR LESS, LOCATED IN LA PLATA COUNTY, STATE OF COLORADO; and WHEELER ONE TRUST; COLLYER FAMILY TRUST; LA PLATA COUNTY TREASURER; SHIRLEY ISGAR; CHARLES ISGAR; ARTHUR R. ISGAR; ANNE L. ISGAR; CHEVRON U.S.A., INC.; SOUTHERN UTE INDIAN TRIBE; and UNKNOWN OWNERS, if any, Defendants.

UNOPPOSED MOTION BY PLAINTIFF UNITED STATES TO DISBURSE DEPOSITED FUNDS TO DEFENDANT WHEELER ONE TRUST AND DEFENDANT COLLYER FAMILY TRUST

COMES NOW Plaintiff United States of America, by and through the United States Attorney for the District of Colorado, and requests the Court to issue an Order directing the Clerk of the Court to disburse to Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly, the funds deposited by Plaintiff United States

Case 1:03-cv-01298-JLK-GJR

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into the Registry of the Court in reference to the within case, and as grounds therefor state as follows: 1. On July 18, 2003, Plaintiff United State filed a Complaint in Condemnation and Declaration of Taking in reference to certain real property located in La Plata County, Colorado ("Property"). 2. The Property consisted of 118.89 acres, more or less, in fee simple estates and temporary easements in, to, over, and across the Property. 3. On July 18, 2003, Plaintiff United States deposited the sum of One Hundred Ninety-Three Thousand Five Hundred Dollars ($193,500) into the Registry of the Court as the amount of estimated just compensation for the Property. 4. Defendant Wheeler One Trust and Defendant Collyer Family Trust represent, warrant, and stipulate that they were the rightful owners of the Property at the time of the filing of the Declaration of Taking. 5. On March 3, 2004, Plaintiff United States, with the consent of the parties, filed an Amended Complaint in Condemnation and an Amended Declaration of Taking in reference to certain real property located in La Plata County, Colorado ("Amended Property"). 6. The Amended Property consisted of 113.74 acres, more or less, in fee simple estates and temporary easements in, to, over, and across the Amended Property.

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Case 1:03-cv-01298-JLK-GJR

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Filed 02/23/2007

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7. Defendant Wheeler One Trust and Defendant Collyer Family Trust represent, warrant, and stipulate that they were the rightful owners of the Amended Property at the time of the filing of the Amended Declaration of Taking. 8. With the consent of Defendant Wheeler One Trust and Defendant Collyer Family Trust, among others, the estimated just compensation for the Amended Property was adjusted to One Hundred Seventy-Three Thousand Five Hundred Dollars ($173,500). 9. On April 15, 2004, pursuant to an Order dated April 7, 2004, the Clerk of the Court disbursed One Hundred Seventy-Three Thousand Five Hundred Dollars ($173,500) to Defendant Wheeler One Trust and Defendant Collyer Family Trust. 10. On July 27, 2006, Plaintiff United States, with the consent of the parties, filed a Second Amended Complaint in Condemnation and a Second Amended Declaration of Taking in reference to certain real property located in La Plata County, Colorado ("Second Amended Property"). 11. The Second Amended Property consisted of 116.06 acres, more or less, in fee simple estates and temporary easements in, to, over, and across the Second Amended Property. 12. Defendant Wheeler One Trust and Defendant Collyer Family Trust represent, warrant, and stipulate that they were the rightful owners of the Second Amended Property at the time of the filing of the Second Amended Declaration of Taking.

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13. Plaintiff United States deposited no additional funds into the Registry of the Court in reference to the estimated just compensation for the Second Amended Easement Property. 14. On November 2, 2006, pursuant to a settlement agreement between Plaintiff United States and Defendant Wheeler One Trust and Defendant Collyer Family Trust, Plaintiff United States deposited Two Hundred Fifty-One Thousand Five Hundred Dollars ($251,500) in to the Registry of the Court. 15. On February 16, 2007, Plaintiff United States and Defendant Wheeler One Trust and Defendant Collyer Family Trust filed the Stipulated Settlement Agreement By And Among Plaintiff United States And Defendant Wheeler One Trust an Defendant Collyer Family Trust And Defendant La Plata County Treasurer ("Settlement Agreement"). 16. Pursuant to the Settlement Agreement, the United States has agreed to pay Defendant Wheeler One Trust and Defendant Collyer Family Trust a total of Four Hundred Twenty-Five Thousand Dollars in just compensation for the Second Amended Property. 17. The Clerk of the Court, pursuant to Court Order, has previously disbursed One Hundred Seventy-Three Thousand Five Hundred Dollars ($173,500) in just compensation to Defendant Wheeler One Trust and Defendant Collyer Family Trust. 18. Accordingly, Plaintiff United States requests that the Court order the Clerk of the Court to disburse to counsel for Defendant Wheeler One Trust and Defendant

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Case 1:03-cv-01298-JLK-GJR

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Collyer Family Trust the sum of Two Hundred Fifty-One Thousand Five Hundred Dollars (251,500) plus applicable interest on One Hundred Seventy-Three Thousand Five Hundred Dollars ($173,500) deposited on July 18, 2003, and disbursed on April 15, 2004, and applicable interest on Two Hundred Fifty-One Thousand Five Hundred Dollars (251,500) deposited on November 2, 2006, less Registry Fees pursuant to D.C.COLO.LCiv.R 67.2C. 19. Pursuant to D.C.COLO.LCivR 7.1A, the undersigned attorney has conferred with all counsel concerning the within motion. There is no objection to the within motion. 20. A proposed Order has been submitted with the within motion. WHEREFORE, Plaintiff United States requests an Order directing the Clerk of the Court to disburse to Murray Dahl Kuechenmeister & Renaud LLP, counsel for Defendant Wheeler One Trust and Defendant Collyer Family Trust, the sum of Two Hundred Fifty-One Thousand Five Hundred Dollars ($251,500) plus applicable interest on One Hundred Seventy-Three Thousand Five Hundred Dollars ($173,500) deposited on July 18, 2003, and disbursed on April 15, 2004, and applicable interest on Two Hundred Fifty-One Thousand Five Hundred Dollars ($251,500) deposited on November 2, 2006, less Registry Fees pursuant to D.C.COLO.LCiv.R 67.2C. Dated: February 23, 2007.

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Respectfully submitted, TROY A. EID United States Attorney

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]

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Case 1:03-cv-01298-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 February 16, 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. SAM W. MAYNES, ESQ. SCOTT M. CAMPBELL, ESQ. MICHAEL A. GOLDMAN, ESQ. [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

s/ Stephen D. Taylor STEPHEN D. TAYLOR Assistant United States Attorney 1225 17th Street, 7th Floor Denver, CO 80202 (303) 454-0100 Fax: (303) 454-0408 [email protected] Counsel for Plaintiff United States of America

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