Free Settlement Agreement - District Court of Colorado - Colorado

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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.

STIPULATED SETTLEMENT AGREEMENT BY AND AMONG PLAINTIFF UNITED STATES OF AMERICA AND DEFENDANT WHEELER ONE TRUST AND DEFENDANT COLLYER FAMILY TRUST AND DEFENDANT LA PLATA COUNTY TREASURER

COME NOW Plaintiff United States of America, by and through the United States Attorney for the District of Colorado, and Defendant Wheeler One Trust and Defendant Collyer Family Trust, by and through Murray Dahl Kuechenmeister & Renaud LLP, and Defendant La Plata County Treasurer, by and through Goldman, Robbins & Nicholson, P.C.,and state as follows:

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WHEREAS, the Animas-La Plata Project is located in southwest Colorado and northwest New Mexico. WHEREAS, the Animas-La Plata Project fulfills the federal government=s trust responsibility to address the Colorado Ute Indians= water rights; respects existing water rights of non-Indians in the San Juan River Basin; furnishes, via a pipeline, the Navajo Nation with water in the Shiprock, New Mexico, area; allows for municipal and industrial water for non-Indian communities in the Four Corners area; and provides increased certainty for water managers in the San Juan River Basin. WHEREAS, in furtherance of the Animas-La Plata Project, on July 18, 2003, Plaintiff United States filed a Complaint in Condemnation and Declaration of Taking (ADeclaration of Taking@) in this civil action in reference to certain real property located in La Plata County, Colorado, as more particularly described in Schedule B and delineated in the maps in Schedule C attached to the Complaint in Condemnation and the Declaration of Taking filed in this civil action (AProperty@). WHEREAS, the Property consisted of 118.89 acres, more or less, in fee simple estates and temporary easements in, to, over, and across the Property. WHEREAS, 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.

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WHEREAS, 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. WHEREAS, on March 3, 2004, Plaintiff United States, with the consent of Defendant Wheeler One Trust and Defendant Collyer Family Trust, among others, filed an Amended Complaint in Condemnation and an Amended Declaration of Taking (AAmended 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 Amended Schedule B and delineated in the maps in the Amended Schedule C attached to the Amended Declaration of Taking (AAmended Property@). WHEREAS, 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. WHEREAS, 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. WHEREAS, 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).

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WHEREAS, on July 27, 2006, Plaintiff United States, with the consent of Defendant Wheeler One Trust and Defendant Collyer Family Trust, among others, filed a Second Amended Complaint in Condemnation and a Second Amended Declaration of Taking (ASecond 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 (ASecond Amended Property@). WHEREAS, the Second Amended Property consisted of 116.06 acres, more or less, in fee simple estates and temporary easements in, on, over, under, and across the Second Amended Property. WHEREAS, 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. WHEREAS, Plaintiff United States did not deposit additional moneys in reference to the estimated just compensation for the Second Amended Property. WHEREAS, Defendant La Plata County Treasurer does and/or may claim an interest in the settlement proceeds paid pursuant to this Stipulated Settlement Agreement for taxes, if any, that are or may be due and owing on the Second Amended Property.

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THEREFORE, before the taking of any testimony upon the pleadings, without further adjudication of any issue of fact or law, and upon the consent of Plaintiff United States, Defendant Wheeler One Trust, Defendant Collyer Family Trust, and Defendant La Plata County Treasurer, by their authorized representatives, it is hereby stipulated and agreed as follows: I. DEFINED TERMS 1. The parties stipulate and agree for the purposes of this Stipulated Settlement Agreement that the following terms are defined as set forth below: A. The term AProperty@ means the property that is the subject of Complaint in Condemnation and Declaration of Taking filed on July 18, 2003, in this civil action in reference to certain real property located in La Plata County, Colorado, as more particularly described in Schedule B and delineated in the maps in Schedule C attached to the Complaint in Condemnation and the Declaration of Taking. B. The term AAmended Property@ means the property that is the subject of the Amended Complaint in Condemnation and Amended Declaration of Taking filed on March 3, 2004, in this civil action in reference to certain real property located in La Plata County, Colorado, as more particularly described in the Amended Schedule B and delineated in the maps in the Amended Schedule C attached to the Amended Declaration of Taking. C. The term ASecond Amended Property@ means the property that is the

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subject of the Second Amended Complaint in Condemnation and Second Amended Declaration of Taking filed on July 27, 2006, 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. D. The term AAdditional Users@ means all parties, individuals, corporations, companies, associations, and/or entities who use, desire to use, or obtain the right to use the Isgar/Wheeler Road in that section of the Isgar/Wheeler Road that traverses Parcel RBR-4H(Fee) and Parcel RBR-4B(Fee). E. The term ABureau of Reclamation@ means the United States Bureau of Reclamation. F. The term AChevron Right-of-Way Agreement@ means the right-of-way agreement executed by and between Ralph and Bessie Wheeler, Bertram Collyer and Adeltha W. Collyer, as grantors, and Bowen/Edwards Associates, Inc., as grantees, filed on November 26, 1991, at Reception No. 619575 with the La Plata County Clerk and Recorder and thereafter assigned to Chevron, U.S.A. G. The term AExisting Northern Easement@ means an easement undefined

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by location that crosses Parcel RBR-4A(Fee), 1 Parcel RBR-11(Fee), 2 and Parcel RBR-4(Fee). 3 See attached Location Map 69-406-2102 dated September 28, 2006. H. The term AImproved Basin Creek Crossing@ means the crossing structure that will be constructed by the Bureau of Reclamation, as a feature of the Animas-La Plata Project, located in Parcel RBR-4B(Fee) that will traverse Basin Creek for the Isgar/Wheeler Road. The requirements for said crossing are delineated in Bureau of Reclamation Construction Contract No. 04-NA-40-8064 Ridges Basin Dam Completion, and specifically Specifications 8.8.2.b, wherein the crossing shall be designed according to AASHTO LRFD, and 8.8.2.f, wherein precast reinforced box culverts shall be designed in accordance with ASTM C 1577-06 to withstand an 11-foot thickness of earth dead load and HL-93 live load conditions.

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Parcel RBR-4A(Fee) is 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 filed in this civil action.
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Parcel RBR-11(Fee) is described in the Third Amended Schedule B and delineated in the maps in the Third Amended Schedule C attached to the Third Amended Declaration of Taking filed in United States v. 101.47 Acres of Land, et al., Civil Action No. 03-cv-01281-JLK-GJR, United States District Court for the District of Colorado.
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Parcel RBR-4(Fee) is described in the Second Amended Schedule B and delineated in the maps in the Second Amended Schedule C attached to the Second Amended 7

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I. The term AIsgar Condemnation@ means United States v. 74.33 Acres of Land, et al., Civil Action No. 03-cv-01095-JLK-GJR, United States District Court for the District of Colorado. J. The term AIsgar/Wheeler Road@ means the currently existing gravel road that traverses from County Road 213 east to west across the southern section of property owned by Defendant Shirley Isgar and Defendant Charles Isgar and continues to traverse Parcel RBR-4H(Fee) and Parcel RBR-4B(Fee) which are parcels within the Second Amended Property. K. The term AIsgar/Wheeler Road Corridor@ means a corridor of land that will encompass that part of the Isgar/Wheeler Road that traverses the RBR-4H(Fee) within the Second Amended Property. L. The terms AParcel RBR-4(Fee),@ AParcel RBR-4A(Fee),@ AParcel RBR-4B(Fee),@ and AParcel RBR-4H(Fee)@ mean those certain parcels of land that are 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 filed in this civil action. M. The term ARelocated Easement@ means a sixty (60) foot wide non-exclusive easement for residential, agricultural, and utility uses that traverses the Isgar/Wheeler Road Corridor from east to west and

Declaration of Taking filed in this civil action. 8

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continues generally to follow the Isgar/Wheeler Road as the Isgar/Wheeler Road traverses Parcel RBR-4H(Fee) and Parcel RBR-4B(Fee). N. The term ARelocated Easement Document@ means the document that grants the Relocated Easement from Plaintiff United States, as grantor, to Defendant Wheeler One Trust and Defenant Collyer Family Trust, as grantees. O. The term AWestern Remainder@ means that parcel of land owned by Defendant Wheeler One Trust and Defendant Collyer Family Trust that is generally west of Parcel RBR-4B(Fee), Parcel RBR-4A(Fee), and Parcel RBR-4(Fee) and is part of the Wheeler Remainder as defined herein. P. The term AWheeler Condemnation Action@ means the civil action entitled United States v. 116.06 Acres, more or less, et al., Civil Action No. 03-cv-01298-JLK-GJR, United States District Court for the District of Colorado. Q. The term AWheeler Remainder@ means the real property owned by Defendant Wheeler One Trust and Defendant Collyer Family Trust that remains after Plaintiff United States condemned Parcel RBR-4(Fee), Parcel RBR-4A(Fee), Parcel RBR-4B(Fee) and Parcel RBR-4H(Fee) from the larger parcel consisting of 738.20 acres, more

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or less. II. JURISDICTION AND VENUE 2. This Court has jurisdiction over the subject matter of this civil action pursuant to 40 U.S.C. ' 3114 (formerly 40 U.S.C. ' 258a) and 28 U.S.C. ' 1345. 3. Venue is proper in this judicial district pursuant to 28 U.S.C. ' 1403, because the Second Amended Property is located in this judicial district. 4. The authority for the taking of the Second Amended Property is set forth in the Second Amended Schedule A attached to the Second Amended Complaint in Condemnation and the Second Amended Declaration of Taking filed in this civil action and incorporated herein by reference. III. ADMITTED FACTS 5. Defendant Wheeler One Trust and Defendant Collyer Family Trust claim right, title, and interest in and to the Second Amended Property at the time of the filing of the Second Amended Declaration of Taking. 6. All Defendants, except Defendant La Plata County Treasurer, do or may, individually, claim a right to use the Isgar/Wheeler Road. IV. SCOPE OF THIS STIPULATED SETTLEMENT AGREEMENT 7. This Stipulated Settlement Agreement shall constitute a complete and final settlement of all claims for just compensation between and among Plaintiff United States, Defendant Wheeler One Trust, and Defendant Collyer Family Trust, jointly and severally, arising from and in connection with the condemnation of the Property,

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the Amended Property, the Second Amended Property, and the filing and settlement of the Wheeler Condemnation Action. 8. This Stipulated Settlement Agreement shall also constitute a complete and final settlement of any and all claims, counterclaims, inverse condemnation claims, and/or demands of whatever nature that Defendant Wheeler One Trust, Defendant Collyer Family Trust, and/or Defendant La Plata County Treasurer, jointly and severally, have, had or may have against Plaintiff United States, the Bureau of Reclamation, the United States Department of the Interior, and/or their agents and/or employees arising from or in connection with the Property, the Amended Property, the Second Amended Property, and the filing of the Wheeler Condemnation Action. V. SPECIFIC PROVISIONS A. Monetary Payment to Defendant Wheeler One Trust and Defendant Collyer Family Trust from Plaintiff United States. 9. Plaintiff United States agrees to pay and shall pay Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly, the sum of Four Hundred Twenty-Five Thousand Dollars ($425,000), on or before March 1, 2007, as the amount of just compensation for all of the Second Amended Property. 10. The Four Hundred Twenty-Five Thousand Dollars ($425,000) shall be inclusive of any and all interest that is or may be due and owing, other than interest owing pursuant to paragraph 13 herein. 11. Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, agree to accept and shall accept the sum of Four Hundred Twenty-Five 11

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Thousand Dollars ($425,000) as the amount of just compensation, inclusive of interest, for all of the Second Amended Property, other than interest owing pursuant to paragraph 12 herein. 12. If the amount of just compensation of Four Hundred Twenty-Five Thousand Dollars ($425,000) is not paid on or before December 31, 2006, interest shall accrue on the unpaid amount from March 1, 2007, as provided by 40 U.S.C. ' 3116. B. Relocation of Easement. 13. For purposes of this Stipulated Settlement Agreement, Plaintiff United States does not contest that Defendant Wheeler One Trust and Defendant Collyer Family Trust have an Existing Northern Easement. 14. Pursuant to the Bureau of Reclamation=s relocation authority, section 14 of the Reclamation Project Act of 1939 (43 U.S.C. ' 389), Plaintiff United States agrees to and shall relocate the Existing Northern Easement. 15. In the near future, Plaintiff United States shall file a Second Amended Complaint in Condemnation and a Second Amended Declaration of Taking in the Isgar Condemnation. 16. In the Second Amended Declaration of Taking filed in the Isgar Condemnation, Plaintiff United States will condemn the Isgar/Wheeler Road Corridor, in fee simple, subject to existing easements, including the Chevron Right-of-Way Agreement and the prescriptive easement of the Southern Ute Indian Tribe.

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17. After the Second Amended Complaint in Condemnation and the Second Amended Declaration of Taking have been filed in the Isgar Condemnation, Plaintiff United States, through the Bureau of Reclamation, shall grant Defendant Wheeler One Trust and Defendant Collyer Family Trust and their successors-in-interest the Relocated Easement. 18. The Relocated Easement shall be granted to Defendant Wheeler One Trust and Defendant Collyer Family Trust and their successors-in-interest for the purpose of relocating the Existing Northern Easement from its undefined location to a defined location as the Relocated Easement. 19. The Relocated Easement Document shall be in a form acceptable to Defendant Wheeler One Trust and Defendant Collyer Family Trust and substantially similar to Exhibit 1 attached hereto. 20. The Relocated Easement Document shall be delivered to Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, on or before March 1, 2007. 21. Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, agree to accept and do accept the Relocated Easement as a relocation of and a replacement for the Existing Northern Easement. 22. The Relocated Easement Document shall contain an AAcceptance of Grantees@ that shall be signed by Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally.

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23. Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, agree to waive, release, and abandon and do waive, release, and abandon all right, title and interest in and to the Existing Northern Easement. 24. Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, stipulate and agree to accept the Relocated Easement as their access to the Western Remainder. C. Improved Basin Creek Crossing in Parcel RBR-4B(Fee). 25. The Bureau of Reclamation will continue its current plan to construct and will construct the Improved Basin Creek Crossing. D. Maintenance of the Improved Basin Creek Crossing. 26. Plaintiff United States shall maintain the Improved Basin Creek Crossing to the standards and needs of the Bureau of Reclamation. 27. Defendant Wheeler One Trust and/or Defendant Collyer Family Trust, and their representatives, agents, assigns, and/or successors-in-interest shall not change, alter, or modify in any manner the Improved Basin Creek Crossing without the express written approval of the Bureau of Reclamation, except as specifically provided by paragraph 28 herein. 28. Defendant Wheeler One Trust and Defendant Collyer Family Trust, and their representatives, agents, assigns, and/or successors-in-interest shall not change, alter, or modify the Improved Basin Creek Crossing unless:

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A. Defendant Wheeler One Trust and Defendant Collyer Family Trust, and their representatives, agents, assigns, and/or successors-in-interest have submitted all designs, plans, and specifications of said proposed changes, alterations, or modifications to the Bureau of Reclamation; and B. The Bureau of Reclamation has specifically approved and authorized, in writing, said proposed change, alteration, or modification. The said approval and authorization shall not be unreasonably withheld. 29. All reasonable costs and expenses associated with the review, approval, and/or authorization, and all costs and expenses associated with the construction, and/or maintenance of any said changes, alterations, or modifications to the Improved Basin Creek Crossing shall be paid by Defendant Wheeler One Trust and Defendant Collyer Family Trust and/or their successors-in-interest. Such costs and expenses may include, but are not limited to: A. The review, approval, and authorization by the Bureau of Reclamation of the designs, plans, and specifications of said proposed changes, alterations, or modifications; and B. The analyses, if any, required by federal statutes and implementing regulations.

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30. The Bureau of Reclamation shall not pay and shall not be responsible for paying any cost or expense incurred in the review, approval, authorization, construction and/or maintenance of any said changes, alterations, or modifications to the Improved Basin Creek Crossing. E. Maintenance of that Section of the Isgar/Wheeler Road that Traverses Parcel RBR-4H(Fee) and Parcel RBR-4B(Fee). 31. To the extent assignment is permitted pursuant to the Chevron Right-of-Way Agreement, Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, shall and hereby do assign and convey to Plaintiff United States their rights in and to the Chevron Right-of-Way Agreement relating to and concerning that section of the right-of-way described in the Chevron Right-of-Way Agreement that traverses Parcel RBR-4H(Fee) and Parcel RBR-4B(Fee). 32. To the extent assignment is permitted pursuant to the Chevron Right-of-Way Agreement, Defendant Wheeler One Trust and Defendant Collyer Family Trust stipulate and agree to execute an assignment of rights and any other documents required to effectuate the assignment of and conveyance to the Plaintiff United States of their rights in the Chevron Right-of-Way Agreement concerning the right-of-way described in the Chevron Right-of-Way Agreement that traverses Parcel RBR-4H(Fee) and Parcel RBR4B(Fee). 33. Pursuant to the terms and conditions of the Chevron Right-of-Way Agreement, the right-of-way described in the Chevron Right-of-Way Agreement Aconstitute[s] a covenant running with the land, and shall constitute a burden on the 16

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Grantor=s land . . . and shall remain in force and effect for as long as oil and/or gas production occurs and/or legally continues, whether pursuant to the terms of any lease, or by reason of force majeure, or otherwise, on the benefited lands.@ (Chevron Right-ofWay, & 8, emphasis in original.) 34. Pursuant to the Second Amended Declaration of Taking filed in this civil action, Plaintiff United States is the owner of the fee simple estate of, among other parcels, Parcel RBR-4H(Fee) and Parcel RBR-4B(Fee). 35. Plaintiff United States, as the owner of fee simple estate of Parcel RBR-4H(Fee) and Parcel RBR-4B(Fee) and as the successor-in-title of Defendant Wheeler One Trust and Defendant Collyer Family Trust, assumes the Chevron Right-ofWay Agreement as the Chevron Right-of-Way Agreement relates to, concerns, and affects Parcel RBR-4H(Fee) and Parcel RBR-4B(Fee). 36. Pursuant to the terms and conditions of the Chevron Right-of-Way Agreement, Chevron, U.S.A., or its assigns, shall maintain that section of the Isgar/Wheeler Road as it traverses Parcel RBR-4H(Fee) and Parcel RBR-4B(Fee). 37. Plaintiff United States agrees that it is the beneficiary of Chevron U.S.A., Inc.=s obligations under the Chevron Right-of-Way Agreement relating to and concerning that section of the right-of-way described in the Chevron Right-of-Way Agreement that traverses Parcel RBR-4B(Fee) and Parcel RBR-4H(Fee). 38. If such time arises that oil and/or gas production no longer occurs and/or does not legally continue on the benefited lands as described in the Chevron Right-of-

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Way Agreement, the Additional Users shall negotiate a reasonable operation and maintenance agreement concerning the Isgar/Wheeler Road that traverses Parcel RBR4H(Fee) and Parcel RBR-4B(Fee). 39. If a dispute arises concerning the maintenance of the Improved Basin Creek Crossing that cannot be amicably resolved, any party to the dispute may file a civil action in the United States District Court for the District of Colorado for the purpose of resolving all issues related to the said dispute. 40. The Chevron Right-of-Way Agreement, with the consent of all parties, may be amended to add such Additional Users, and the Additional Users will be responsible for the additional costs associated with the Additional Users' use of the Isgar/Wheeler Road that traverses Parcel RBR-4H(Fee) and Parcel RBR-4B(Fee). 41. If a dispute arises concerning the maintenance of the Isgar/Wheeler Road that cannot be amicably resolved, any party to the dispute may file a civil action in the United States District Court for the District of Colorado for the purpose of resolving all issues related to the said dispute. F. Stock Driveway. 42. For the purposes of this Stipulated Settlement Agreement, Plaintiff United States does not contest that Defendant Wheeler One Trust and Defendant Collyer Family Trust have a stock driveway 4 that traverses Parcel RBR-4A(Fee),

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The stock driveway is referred to in the Warranty Deed dated April 23, 1998, between Ralph E. Wheeler and Adeltha W. Collyer (Grantors) and Mobile Premix 18

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Parcel RBR-11(Fee), and Parcel RBR-4(Fee) (ASubject Lands@) and that is limited to and defined as: An easement and right-of-way across the Subject Lands for the purpose of moving Defendant Wheeler One Trust=s and Defendant Collyer Family Trust=s cattle to pasture and water, provided that Defendant Wheeler One Trust and Defendant Collyer Family Trust shall supply sufficient manpower to control and expeditiously move such cattle across the Subject Lands without interfering with the operations on or use of the Subject Lands. (AStock Driveway@). 43. Plaintiff United States, Defendant Wheeler One Trust, and Defendant Collyer Family Trust stipulate and agree that the Stock Driveway is unique to and limited to Defendant Wheeler One Trust and Defendant Collyer Family Trust. 44. Plaintiff United States, Defendant Wheeler One Trust, and Defendant Collyer Family Trust stipulate and agree that the Stock Driveway shall be extinguished, terminated, and cease to exist on the first occurrence of either of the following: a. Defendant Wheeler One Trust and/or Collyer Family Trust cease to own any portion of the Wheeler Remainder; or b. January 1, 2017. G. Alleged Damage to Western Remainder. 45. Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, stipulate and agree to waive, release, and abandon, any and all claims,

Concrete, Inc. (Grantee) recorded at Reception No. 744861 in the records of the Clerk and Recorder for La Plata County, Colorado. 19

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counterclaims, inverse condemnation claims, and/or demands of whatever nature, in this Court or any other court having jurisdiction over such claims or demands, that Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, have, had, or may have arising out of, from, or related to the transactions or occurrences that are the subject matter of this civil condemnation action, including but not limited to, inverse condemnation claims and claims for damages to and/or rent for the Western Remainder. H. Interest on Monetary Payment. 46. Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, stipulate and agree to waive, release, and abandon, any and all claims and demands to or for interest that is or may be due and owing related to the Four Hundred Twenty-Five Thousand Dollars ($425,000) paid as the amount of just compensation for all of the Second Amended Property, pursuant to this Stipulated Settlement Agreement, except for interest that may be paid pursuant to paragraph 12 herein. I. Waiver. 47. Plaintiff United States shall and hereby does waive, release, and abandon, any and all claims, counterclaims, and demands of whatever nature that Plaintiff United States, the Bureau of Reclamation, and the United States Department of the Interior, jointly and severally, have, had, or may have against Defendant Wheeler One Trust and Collyer Family Trust, jointly and severally, arising out of, from, or related to the

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transactions or occurrences that are or have been the subject matter of the Wheeler Condemnation Action. 48. Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, shall and hereby do waive, release, and abandon, any and all claims, counterclaims, inverse condemnation claims and/or demands of whatever nature, in this Court or any other court having jurisdiction over such claims or demands, that Defendant Wheeler One Trust and Defendant Collyer Family Trust, jointly and severally, have, had, or may have against Plaintiff United States, the Bureau of Reclamation, and the United States Department of the Interior, their agents and/or employees arising out of, from, or related to the transactions or occurrences that are or have been the subject matter of the Wheeler Condemnation Action. 49. Defendant La Plata County Treasurer shall and hereby does waive, release, and abandon, any and all claims, counterclaims, inverse condemnation claims and/or demands of whatever nature that Defendant La Plata County Treasurer has, had, or may have against Plaintiff United States, the Bureau of Reclamation, and the United States Department of the Interior, their agents and/or employees arising out of, from, or related to the transactions or occurrences that are or have been the subject matter of the Wheeler Condemnation Action. J. Taxes on the Condemned Property. 50. Defendant La Plata County Treasurer agrees that the amount of just compensation, inclusive of interest, for all of the Second Amended Property is Four

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Hundred Twenty-Five Thousand Dollars ($425,000). 51. As a specific condition of this Stipulated Settlement Agreement and as part of the consideration for this Stipulated Settlement Agreement received by Plaintiff United States from Defendant Wheeler One Trust and Defendant Collyer Family Trust, Defendant Wheeler One Trust and Defendant Collyer Family Trust agree to pay to any other taxing authority and/or taxing entity, any and all outstanding taxes due and owing on Parcel RBR-4(Fee), Parcel RBR-4A(Fee), Parcel RBR-4B(Fee) and/or Parcel RBR-4H(Fee) prior to the condemnation of each said parcel. 52. Defendant La Plata Treasurer acknowledges that all taxes due and owing for all of the Second Amended Property have been paid and hereby waives any right to the just compensation of Four Hundred Twenty-Five Thousand Dollars ($425,000). K. Enforcement of This Stipulated Settlement Agreement. 53. Plaintiff United States reserves the right to file a civil action to enforce the terms and conditions of this Stipulated Settlement Agreement. 54. Defendant Wheeler One Trust and/or Defendant Collyer Family Trust reserve the right to file a civil action to enforce the terms and conditions of this Stipulated Settlement Agreement. 55. Defendant La Plata County Treasurer reserves the right to file a civil action to enforce the terms and conditions of this Stipulated Settlement Agreement. L. Other Provisions. 56. Each party shall bear its own attorneys= fees, costs and expenses.

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57. This Stipulated Settlement Agreement shall not be considered consummated and shall be of no force and effect until filed with the Court. 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: Fax: E-mail: (303) 454-0100 (303)454-0408 [email protected] MURRAY DAHL KUECHENMEISTER & RENAUD LLP s/Malcolm Murray MALCOLM MURRAY, ESQ. 2401 15th Street Suite 200 Denver, CO 80202 Telephone: Fax: E-Mail: (303) 493-6670 (303) 493- 477-0965 [email protected]

ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA

ATTORNEYS FOR DEFENDANT WHEELER ONE TRUST AND DEFENDANT COLLYER FAMILY TRUST WHEELER ONE TRUST

GOLDMAN, ROBBINS & NICHOLSON, P.C.

s/Michael A. Goldman MICHAEL A. GOLDMAN, ESQ. 679 E. 2nd Avenue Suite C P.O. Box 2270 Durango, CO 81302 Telephone: (970) 259-8747 Fax: (970 259-8790 E-mail: [email protected] ATTORNEYS FOR DEFENDANT LA PLATA COUNTY TREASURER

s/Bessie Wheeler By: BESSIE WHEELER, TRUSTEE 216 County Road 6700 Waterflow, NM 87416 DEFENDANT COLLYER FAMILY TRUST

s/Bertram Collyer By: Bertram Collyer, Trustee P.O. Box 55 Waterflow, NM 87421 DEFENDANT 23

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

Document 116

Filed 02/16/2007

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24

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

Document 116

Filed 02/16/2007

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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. [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