Free Disclaimer of Interest - District Court of Colorado - Colorado

Case 1:02-cv-01841-MSK-MJW

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Filed 02/09/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF COLORADO

Civil Action No. 02-cv-01841-MSK-MJW UNITED STATES OF AMERICA, Plaintiff, v. 117.54 ACRES OF LAND, MORE OR LESS, SITUATED IN LA PLATA COUNTY, COLORADO; and STATE OF COLORADO; LA PLATA COUNTY TREASURER, LA PLATA, COLORADO; COLORADO TELEPHONE COMPANY; MESA GRANDE GAS COMPANY; COLORADO-UTE ELECTRIC ASSOCIATION, INC.; BOARD OF COUNTY COMMISSIONERS, LA PLATA COUNTY, COLORADO; PEOPLES NATURAL GAS COMPANY; NORTHWEST PIPELINE CORPORATION; ENTERPRISE PRODUCTS PARTNERS L.P.; ATMOS ENERGY CORPORATION; and LA PLATA ELECTRIC ASSOCIATION, INC.; UNKNOWN OWNERS, Defendants. _____________________________________________________________________ DISCLAIMER OF DEFENDANT ENTERPRISE PRODUCTS PARTNERS L.P. AND OF MID-AMERICA PIPELINE COMPANY, LLC _____________________________________________________________________

COME NOW defendant Enterprise Products Partners L.P. and Mid-America Pipeline Company, LLC, and after being fully advised stipulate and agree as follows: 1. The Animas-La Plata Project is a federal project located in southwest

Colorado and northwest New Mexico.
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2.

In order to construct certain features of the Animas-La Plata Project, privately

owned natural gas pipelines were required to be relocated. 3. To facilitate the relocation of the privately owned natural gas pipelines, the

Bureau of Reclamation, United States Department of the Interior, entered into Cooperative Agreement No. 02-FC-40-6560, entitled "Cooperative Agreement for Relocation of Northwest Pipeline Corporation's and Mid-America Pipeline Company's Natural Gas Pipelines, Animas-La Plata Project, Colorado-New Mexico" ("Cooperative Agreement"). 4. The Cooperative Agreement provides that the United States will acquire

certain land interests required for the relocation of the natural gas pipelines impacted by the Animas-La Plata Project. 5. On September 25, 2002, in furtherance of the Cooperative Agreement,

plaintiff United States filed a Complaint in Condemnation in this civil action in reference to 115.38 acres, more or less, ("Easement Property") for perpetual easements and temporary easements on, over, under or across certain real property located in La Plata County, Colorado. 6. The Complaint in Condemnation condemned: A. B. C. 59.75 acres for perpetual easements to relocate private natural gas pipelines ("Gas Pipeline Easements"); 45.45 acres for a perpetual easement for the Ridges Basin Inlet Conduit ("Inlet Conduit Easement"); and 10.18 acres for temporary easements required for gas pipeline construction ("Temporary Easements").

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7.

On October 8, 2002, plaintiff United States filed an Amended Complaint in

Condemnation and a Declaration of Taking in reference to the perpetual easements and temporary easements on, over, across, and under the Easement Property. 8. Defendant State of Colorado, Division of Wildlife, claims that it was the

rightful owner of the Easement Property on October 8, 2002, at the time of the filing of the Declaration of Taking. 9. Defendant Enterprise Products Partners L.P., had no claim, right, title,

interest and/or estate in the Easement Property at or prior to October 8, 2002, at the time of filing of the Declaration of Taking. Likewise, Mid-America Pipeline Company, LLC had no claim, right, title, interest and/or estate in the Easement Property at or prior to October 8, 2002, at the time of filing of the Declaration of Taking. 10. Thereafter, plaintiff United States filed two amended declarations of taking in

this civil action and increased the property condemned for Inlet Conduit Easement. 11. The amended declarations of taking did not change or alter the Gas Pipeline

Easements originally taken on October 8, 2002. 12. 47.61 acres. 13. The amended declarations of taking increased the property for the perpetual The amended declarations of taking increased the Inlet Conduit Easement to

easements and temporary easements to 117.54 acres ("Amended Easement Property"). 14. Defendant State of Colorado, Division of Wildlife, claims that it was the

rightful owner of the Amended Easement Property. 15. Defendant Enterprise Products Partners L.P., had no claim, right, title,

interest and/or estate in the Amended Easement Property at or prior to the time the
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Amended Easement Property was condemned. Likewise, Mid-America Pipeline Company, LLC had no claim, right, title, interest and/or estate in the Amended Easement Property at or prior to the time the Amended Easement Property was condemned. THEREFORE defendant Enterprise Products Partners L.P. and Mid-America Pipeline Company, LLC do hereby disclaim and waive any and all claim, right, title, interest and/or estate in the just compensation paid or to be paid for the said perpetual easements and the temporary easements taken in this civil action. Dated: February 9, 2007. Respectfully submitted, /s/ Osborne J. Dykes, III OSBORNE J. DYKES, III Fulbright & Jaworski L.L.P. 370 17th Street, Suite 2150 Denver, Colorado 80202-5638 Telephone: (303) 801-2700 Facsimile: (303)801-2777 E-mail: [email protected] ATTORNEY IN CHARGE FOR DEFENDANT ENTERPRISE PRODUCTS PARTNERS L.P. AND FOR MID-AMERICA PIPELINE COMPANY, LLC

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CERTIFICATE OF SERVICE I hereby certify that on February 9, 2007, I electronically filed the foregoing DISCLAIMER OF ENTERPRISE PRODUCTS PARTNERS L.P. AND MID-AMERICA PIPELINE COMPANY, LLC with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses: Mr. Stephen D. Taylor Mr. Timothy J. Monahan, Esq. Mr. Michael A. Goldman, Esq. Mr. Todd Miller, Esq. Ms. Karen L. Brody, Esq. Mr. Thomas J. Dougherty, II Mr. John B. Spear [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner indicated by the nonparticipant's name: Ms. Teresa Silcox Torrey 295 Chipeta Way Salt Lake City, Utah 84108 U. S. First Class Mail, Postage Prepaid

Mr. Ken Ouellette U. S. First Class Mail, Postage Prepaid Bureau of Reclamation U. S. Department of the Interior 835 East Second Street, Suite 300 Durango, Colorado 71301

/s/ Osborne J. Dykes, III OSBORNE J. DYKES, III

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