Free Disclaimer of Interest - District Court of Colorado - Colorado

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

Document 117

Filed 01/03/2007

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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 OR AMERICA, Plaintiff, v. 117.54 ACRES OF LAND, MORE OR LESS, SITUATED IN LA PLATA COUNTY, COLORADO; and STATE OF COLORADO, et al., Defendants.

TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.'S DISCLAIMER OF INTEREST

Defendant Tri-State Generation and Transmission Association, Inc. ("Tri-State"), by and through its undersigned counsel, for its Disclaimer of Interest in these proceedings states: 1. Tri-State is the successor-in-interest to named Defendant Colorado-Ute Electric

Association. Tri-State 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"). Tri-State's easements will be affected by the relocation of certain gas pipelines and the installation of certain facilities associated with the Project that is the subject of these proceedings.

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

Document 117

Filed 01/03/2007

Page 2 of 3

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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 United States has agreed to reflect this fact in any Final Order filed or entered in these proceedings. 3. Tri-State and the United States have entered into two License Agreements,

attached hereto as Exhibits 1 and 2 and incorporated herein by reference, addressing all issues related to the relocated gas pipeline, the project facilities, and Tri-State's electric transmission lines. 4. Other than its existing easements and the two License Agreements, Tri-State

disclaims any right, title, or interest in and to the Subject Property and to any award of just compensation or settlement herein. WHEREFORE, Tri-State Generation and Transmission Association, Inc. respectfully requests that it be dismissed from this action with all parties bearing their own fees and costs. Dated this 3rd day of January, 2007.

/s/ Thomas J. Dougherty Thomas J. Dougherty ROTHGERBER JOHNSON & LYONS LLP 1200 17th Street, Suite 3000 Denver, Colorado 80202-5839 (303) 623-9000 Attorney for Tri-State Generation and Transmission Association, Inc.
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Case 1:02-cv-01841-MSK-MJW

Document 117

Filed 01/03/2007

Page 3 of 3

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 3rd day of January, 2007, I electronically filed the foregoing with the Clerk of 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 Miller, Esq. Karen Lynn Brody, Esq. John Barlow Spear, Esq.

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

/s/ Thomas J. Dougherty

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