Free Disclaimer of Interest - District Court of Colorado - Colorado

Case 1:03-cv-01095-JLK-GJR

Document 168

Filed 06/11/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01095-JLK-GJR UNITED STATES OF AMERICA, Plaintiff, v. 60.52 ACRES OF LAND, MORE OR LESS, LOCATED IN LA PLATA COUNTY, STATE OF COLORADO; SHIRLEY ISGAR; CHARLES ISGAR; STATE OF COLORADO; WHEELER ONE TRUST; COLLYER FAMILY TRUST; LA PLATA COUNTY TREASURER; CHEVRON U.S.A. INC.; SOUTHERN UTE INDIAN TRIBE; LA PLATA ELECTRIC ASSOCIATION, INC.; ATMOS ENERGY CORPORATION; QWEST CORPORATION; and UNKNOWN OWNERS, if any, Defendants.

DISCLAIMER OF INTEREST OF DEFENDANT STATE OF COLORADO

COMES NOW Defendant State of Colorado, by and through, Timothy J. Monahan, Esq., Assistant Attorney General, State of Colorado, and after being fully advised state: 1. This is an eminent domain action to acquire certain fee simple estates and a temporary easement in and to 60.52 acres of land, more or less, situated in La Plata

Case 1:03-cv-01095-JLK-GJR

Document 168

Filed 06/11/2007

Page 2 of 4

County, Colorado, as more particularly described in the Second Amended Schedule B and as more particularly designated in the map at the Second Amended Schedule C attached to and incorporated in the Second Amended Declaration of Taking filed in this civil action and incorporated herein by reference. 2. Defendant State of Colorado acknowledges and declares that it has no claim, right, title, interest and/or estate in the said fee simple estates and the temporary easement, except for the non-exclusive easement to be granted by Plaintiff United States of America to Defendant for Defendant's ingress and egress enabling access from La Plata County Road 213 to Defendant' remaining land holdings south of Carbon Mountain as otherwise provided for in Stipulated Settlement Agreement by and Between Plaintiff United States and Defendant State Of Colorado, filed on February 9, 2007, in United States v. 117.54 Acres of Land, et al., Civil Action No. 02-cv-01841-MSK-MJW, United States District Court for the District of Colorado. THEREFORE Defendant State of Colorado does hereby disclaim and waive any and all claim, right, title, interest and/or estate in the just compensation, if any, paid or to be paid for the said taken in this action. DATED this 11th day of June , 2007.

2

Case 1:03-cv-01095-JLK-GJR

Document 168

Filed 06/11/2007

Page 3 of 4

JOHN W. SUTHERS Attorney General State of Colorado s/Timothy J. Monahan By: TIMOTHY J. MONAHAN Assistant Attorney General Natural Resources 1525 Sherman Street 5th Floor Denver, CO Telephone: Fax: E-Mail: (303) 866-5861 (303) 866-3558 [email protected]

ATTORNEYS FOR DEFENDANT STATE OF COLORADO UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on June 11, 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: KENNETH SKOGG, ESQ. MALCOLM MURRAY, ESQ. MICHAEL PATRICK WILSON JANNINE R. MOHR, ESQ. SAM W. MAYNES, ESQ. SCOTT M. CAMPBELL, ESQ. STEPHEN D. TAYLOR, ESQ. 3 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

Case 1:03-cv-01095-JLK-GJR

Document 168

Filed 06/11/2007

Page 4 of 4

MICHAEL A. GOLDMAN, ESQ. ADAM REEVES JOHN BARLOW SPEAR

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

4