Free Disclaimer of Interest - District Court of Colorado - Colorado

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

Document 124

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, et al., Defendants. __________________________________________________________________________ LA PLATA ELECTRIC ASSOCIATION, INC's DISCLAIMER OF INTEREST __________________________________________________________________________ Defendant La Plata Electric Association, Inc. ("LPEA"), by and through its undersigned counsel, for its Disclaimer of Interest in these proceedings states: 1. LPEA owns certain easements for electric transmission lines and other purposes

located on, over, under, and across the real property described in the Fourth Amended Complaint in Condemnation (the "Subject Property"). LPEA's easements will be affected by the relocation of certain gas or water pipelines and the installation of certain facilities associated with the Project that is the subject of these proceedings. 2. Pursuant to the Fourth Amended Complaint in Condemnation, the property

interests being acquired by the United States are taken "subject to existing rights-of-way for roads and existing rights-of-way for public telephone lines, transmission lines, and other public utilities over, under, on, and/or across said lands." (Third Amended Schedule B, p.1.) The

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

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United States has agreed to reflect this fact in any Final Order filed or entered in these proceedings. 3. LPEA and the United States have entered into a Stipulated Settlement Agreement,

attached hereto as Exhibit 1 and incorporated herein by reference, addressing all issues related to the relocated gas or water pipeline, the project facilities, and LPEA's electric distribution and transmission lines and fiber optic cable. 4. Other than its existing easements and the interests set forth in the Stipulated

Settlement Agreement, LPEA disclaims any right, title, or interest in and to the Subject Property and to any award of just compensation or settlement herein. WHEREFORE, La Plata Electric Association, Inc. respectfully requests that it be dismissed from this action, with all parties bearing their own fees and costs, upon the execution by the Court of a final order stating that the property acquired by the United States in this action are taken subject to existing rights-of-way for roads and existing rights-of-way for public telephone lines, transmission lines, and other public utilities over, under, on, and/or across said lands, including but limited to the easements held by La Plata Electric Association, Inc. Respectfully submitted this 7th day of February, 2007. MAYNES, BRADFORD, SHIPPS AND SHEFTEL, LLP by:/s/ John Barlow Spear
John Barlow Spear, Reg. #13878 835 East Second Avenue, Suite123 P.O. Box 2717 Durango, Colorado 81301 (970)247-1755 // (970)247-8827 - facsimile [email protected] Attorney for La Plata Electric Association, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on the 7th day of February, 2007, I electronically filed the foregoing LA PLATA ELECTRIC ASSOCIATION, INC's DISCLAIMER OF INTEREST with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Stephen D. Taylor, Esq. Assistant U.S. Attorney Timothy J. Monahan, Esq. Todd w. Miller, Esq. Karen Lynn Brody, Esq. Thomas J. Dougherty, Esq. Thomas R. O'Donnell Michael A. Goldman

[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

I further certify that on the 7th day of February, 2007, I mailed a true and correct copy of the foregoing LA PLATA ELECTRIC ASSOCIATION, INC's DISCLAIMER OF INTEREST to: Teresa Silcox Torrey 295 Chipeta Way Salt Lake City UT 84108

/s/ Suzanne P. Singley