Free Stipulation - District Court of Colorado - Colorado

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

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Filed 02/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE 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.

STIPULATED REVESTMENT OF CERTAIN PERPETUAL EASEMENTS CONDEMNED BY PLAINTIFF UNITED STATES OF AMERICA

COME NOW Plaintiff United States of America, by and through the United States Attorney for the District of Colorado, and Defendant State of Colorado, by and through the Colorado State Attorney General, and stipulate and agree to the following: 1. Pursuant to 40 U.S.C. § 3118, the United States has the authority to revest an interest in property taken by the United States by a declaration of taking.

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

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2. The Animas-La Plata Project is a federal project located in southwest Colorado and northwest New Mexico that 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. 3. One of the features of the Animas-La Plata Project is the Ridges Basin Inlet Conduit that is an underground pipeline and associated facilities and operations that is an integral component of the Animas-La Plata Project ("Ridges Basin Inlet Conduit"). 4. In furtherance of the Animas-La Plata Project, on September 25, 2002, Plaintiff United States filed a Complaint in Condemnation in United States v. 117.54 Acres, et al., Civil Action No. 02-cv-01841-MSK-MJW, United States District Court for the District of Colorado ("CDOW Condemnation"). 5. Pursuant to the CDOW Condemnation, among other easements, a perpetual easement on, over, under, and across 45.45 acres, more or less, and more particularly described in Schedule B and delineated in the map in Schedule C attached to the Declaration of Taking, was condemned for the purpose of constructing, reconstructing, operating, inspecting, repairing, protecting, and maintaining the Inlet Conduit for the Ridges Basin Dam and Reservoir, Animas-La Plata Project, and its associated facilities, and operations ("First Ridges Basin Inlet Conduit Easement").

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6. In order to accommodate various design refinements in the Ridges Basin Inlet Conduit, the First Ridges Basin Inlet Conduit Easement was required to be realigned and a new legal description was prepared for the amended Parcel RBR-12C(P) as described in the Third Amended Schedule B and delineated in the map in the Third Amended Schedule C attached to the Third Amended Declaration of Taking. 7. Pursuant to agreement by Defendant State of Colorado, Plaintiff United States filed a Third Amended Declaration of Taking that condemned the realigned and amended Parcel RBR-12C(P), i.e., the Final Ridges Basin Inlet Conduit Easement. 8. The Final Ridges Basin Inlet Conduit Easement consists of a perpetual easement on, over, under, and across 47.61 acres, more or less. 9. As a result of realigning the First Ridges Basin Inlet Conduit Easement, four (4) small perpetual easement areas within the First Ridges Basin Inlet Conduit Easement are no longer required for inclusion in the Final Ridges Basin Inlet Conduit Easement and are no longer needed for the Animas-La Plata Project. 10. The four (4) small excess areas consist of 9.84 acres, more or less, and are designated Parcel RBR-12CX1(P), Parcel RBR-12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P) on the map attached hereto as Exhibit 1. 11. The perpetual easements on, over, under, and across Parcel RBR12CX1(P), Parcel RBR-12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P) are unnecessary for the purposes of the Final Ridges Basin Inlet Conduit Easement and for the purposes of the Animas-La Plata Project.

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12. Plaintiff United States has determined that the perpetual easements on, over, under, and across Parcel RBR-12CX1(P), Parcel RBR-12CX2(P), Parcel RBR12CX3(P), and Parcel RBR-12CX4(P) should be released and revested to Defendant State of Colorado. 13. Defendant State of Colorado consents to the release and revestment of the perpetual easements on, over, under, and across Parcel RBR-12CX1(P), Parcel RBR12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P). 14. Plaintiff United States and Defendant State of Colorado stipulate and agree that Parcel RBR-12CX1(P), Parcel RBR-12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P) are not within the realigned and amended Parcel RBR-12C(P), i.e., the Final Ridges Basin Inlet Conduit Easement and shall be removed from the First Ridges Basin Inlet Conduit Easement. 15. Plaintiff United States and Defendant State of Colorado stipulate and agree that the perpetual easements on, over, under, and across Parcel RBR-12CX1(P), Parcel RBR-12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P) shall be released and revested to Defendant Colorado. THEREFORE, Plaintiff United States and Defendant State of Colorado stipulate and agree as follows: A. Plaintiff United States shall and hereby does release and revest the perpetual easements condemned on, over, under, and across each the following parcels of land owned by the State of Colorado designated as Parcel RBR-12CX1(P), Parcel RBR-

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12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P) on the map attached hereto as Exhibit 1. B. Each said Parcel is more particularly described as: Parcel RBR-12CX1(P) Commencing at the North West Corner of Section 32, Township 35 North, Range 9 West, N.M.P.M., thence S.28°59'47"W., a distance of 7,912.18 feet to the POINT OF BEGINNING; thence N.28°46'44"E., a distance of 176.90 feet; thence N.61°35'48"E., a distance of 155.24 feet to a point of curve to the right having a radius of 647.14 feet and a central angle of 20°35'40"; thence easterly along the arc a distance of 232.61 feet; thence N.82°11'28"E., a distance of 299.93 feet to a point of curve to the left having a radius of 293.34 feet and a central angle of 44°12'36"; thence northeasterly along the arc a distance of 226.34 feet; thence N.37°58'51"E., a distance of 113.95 feet; thence N.78°56'59"E., a distance of 1,244.93 feet; thence S.62°21'00"W., a distance of 4.87 feet; thence S.78°13'11"W., a distance of 1,052.55 feet; thence S.05°02'39"W., a distance of 265.29 feet; thence S.47°58'18"W., a distance of 28.58 feet; thence S.74°58'23"W., a distance of 834.27 feet; thence S.80°42'34"W., a distance of 272.03 feet; thence S.74°16'46"W., a distance of 71.33 feet to the POINT OF BEGINNING. Containing 242,860 square feet or 5.58 acres, more or less. Parcel RBR-12CX2(P): Commencing at the North West Corner of Section 32, Township 35 North, Range 9 West, N.M.P.M., thence S.13°14'51"W., a distance of 6,602.03 feet to the POINT OF BEGINNING; thence N.62°21'00"E., a distance of 361.62 feet; thence N.44°29'16"E., a distance of 170.55 feet; thence N.16°10'13"E., a distance of 453.55 feet; thence N.65°30'41"E., a distance of 235.03 feet; thence N.38°05'58"E., a distance of 293.96 feet; thence N.79°34'04"E., a distance of 131.56 feet; thence S.28°45'02"W., a distance of 412.85 feet; thence S.63°02'52"W., a distance of 317.53 feet; thence S.19°34'22"W., a distance of 516.46 feet; thence S.78°56'59"W., a distance of 444.41 feet to the POINT OF BEGINNING.

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Containing 156,169 square feet or 3.59 acres, more or less. Parcel RBR-12CX3(P): Commencing at the North West Corner of Section 32, Township 35 North, Range 9 West, N.M.P.M., thence S.06°45'45"W., a distance of 5,112.32 feet to the POINT OF BEGINNING; thence N.60°01'58"E., a distance of 340.07 feet; thence S.39°04'01"W., a distance of 175.10 feet; thence S.79°34'09"W., a distance of 187.35 feet to the POINT OF BEGINNING. Containing 10,653 square feet or 0.24 acres, more or less. Parcel RBR-12CX4(P) Commencing at the North West Corner of Section 32, Township 35 North, Range 9 West, N.M.P.M., thence S.17°13'19"E., a distance of 4,131.17 feet to the POINT OF BEGINNING; thence N.87°41'07"E., a distance of 64.16 feet; thence N.62°10'19"E., a distance of 163.64 feet; thence S.15°36'40"W., a distance of 85.50 feet; thence S.61°57'25"W., a distance of 251.15 feet; thence N.00°51'25"E., a distance of 68.54 feet; thence N.00°51'00"E., a distance of 52.80 feet; thence N.89°48'51"E., a distance of 34.04 feet to the POINT OF BEGINNING. Containing 18,836 square feet or 0.43 acres, more or less. C. Defendant State of Colorado shall and hereby does consent to the release and revestment of the perpetual easements on, over, under, and across Parcel RBR12CX1(P), Parcel RBR-12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P). D. Parcel RBR-12CX1(P), Parcel RBR-12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P) shall be and hereby are removed from the First Ridges Basin Inlet Conduit Easement as defined in Schedule B and delineated in the map in Schedule C attached to the Declaration of Taking filed in this civil condemnation action.

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E. No just compensation is due and owing in reference to the perpetual easements on, over, under, and across Parcel RBR-12CX1(P), Parcel RBR-12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P). F. Each party will bear its own attorneys' fees, costs and expenses related to the revestment of the perpetual easement on, over, under, and across Parcel RBR12CX1(P), Parcel RBR-12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P). G. The Order of Possession entered on October 10, 2002, shall be vacated as to Parcel RBR-12CX1(P), Parcel RBR-12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P). H. The parties shall submit a proposed Order to the Court revesting the perpetual easements condemned on, over, under, and across Parcel RBR-12CX1(P), Parcel RBR-12CX2(P), Parcel RBR-12CX3(P), and Parcel RBR-12CX4(P) to Defendant State of Colorado and dismissing this civil condemnation action as to each of the said parcels.

TROY A. EID United States Attorney

JOHN W. SUTHERS Attorney General State of Colorado

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]

s/Timothy J. Monahan Timothy J. Monahan, Esq. Assistant Attorney General Natural Resources 1525 Sherman Street 5th Floor Denver, CO 80203 Telephone: (303) 866-5861 Fax: (303) 866-3558 E-Mail: [email protected] 7

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on February 7, 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: TIMOTHY J. MONAHAN, ESQ. TODD MILLER, ESQ. [email protected] [email protected]

OSBORNE J. DYKES, III, ESQ. [email protected] JOHN BARLOW SPEAR, ESQ. [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: By mail, postage prepaid Teresa Silcox Torrey, Esq. 295 Chipeta W ay Salt Lake City, UT 84108 Mr. Ken Ouellette Bureau of Reclamation U.S. Department of the Interior 835 East Second Street, Suite 300 Durango, CO 81301 s/ Stephen D. Taylor STEPHEN D. TAYLOR Assistant United States Attorney 1225 17th Street, 7th Floor Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0408 E-Mail: [email protected]

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