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Home My WebLink About2023CV30659 - East Larimer County Water Dist. v. K & M Co., et al. - 020 - Motion For Immediate PossessionMOTION FOR IMMEDIATE POSSESSION Page 1 DISTRICT COURT, LARIMER COUNTY, COLORADO 201 LaPorte Avenue, Suite 100 Fort Collins, Colorado 80521 (970) 494-3500  COURT USE ONLY  Petitioners: EAST LARIMER COUNTY WATER DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado; and NORTH WELD COUNTY WATER DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, v. Respondents: K & M COMPANY, LLLP, a Colorado limited liability limited partnership; BOXELDER SANITATION DISTRICT; THE CITY OF FORT COLLINS, a municipal corporation; ANADARKO E&P ONSHORE LLC, a Delaware limited liability company; ANADARKO LAND CORP., a Nebraska corporation; POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC., a Colorado cooperative association; and IRENE JOSEY in her official capacity as the COUNTY TREASURER OF LARIMER COUNTY, COLORADO Attorneys for Petitioners: Jamie N. Cotter, No. 40309 Lauren A. Taylor, No. 52452 SPENCER FANE LLP 1700 Lincoln Street, Suite 2000 Denver, Colorado 80203 Telephone: 303-839-3800 Fax: 303-839-3838 E-mail:jcotter@spencerfane.com; ltaylor@spencerfane.com Case Number: 2023CV30659 Division: 3B MOTION FOR IMMEDIATE POSSESSION Petitioners East Larimer County Water District (“ELCO”) and North Weld County Water District (“NWCWD”), through their counsel, move this Court for entry of an Order granting ELCO’s and NWCWD’s (jointly, the “Districts”) immediate possession of certain property DATE FILED: January 4, 2024 4:45 PM FILING ID: 84AD6809ACF7A CASE NUMBER: 2023CV30659 MOTION FOR IMMEDIATE POSSESSION Page 2 described in Exhibit 2 and Exhibit 3 in the Districts’ Petition in Condemnation (“Petition”), and as grounds therefor, the Districts state as follows: 1. Certificate of Conferral. Pursuant to C.R.C.P. 121 1-15(8), counsel for the Districts certifies that she has conferred with Respondents K & M Company, LLLP and the City Of Fort Collins (“Respondents”) and understand that Respondents oppose the Districts’ request for immediate possession at this time. 2. A full and accurate description of the real properties for which the Districts seek a permanent and temporary construction easement is identified in Exhibit 2 and Exhibit 3 attached to the Districts’ Petition (“Properties”). 3. Per C.R.S. § 38-6-101, the Districts have the power to condemn the Properties under the power granted by C.R.S. §§ 32-1-1006(1)(e) & (f). 4. The Districts are entitled to obtain immediate possession of the Properties pursuant to C.R.S. § 38-1-105(6)(a). 5. The Districts require immediate possession of the Properties in order to allow the full and complete public use of the Properties as set forth in their Petition. 6. All defendants have been served with the Petition and returns of service have been filed for all defendants. 7. The Districts have, and continue to, negotiate in good faith with Respondents. It is very possible that the parties will resolve possession prior to any hearing, however, the Districts need to have an immediate possession hearing scheduled in the event that the parties cannot reach a voluntary agreement. MOTION FOR IMMEDIATE POSSESSION Page 3 8. The Districts are prepared to deposit such amount, as set by the Court, pending the resolution of the fair market value of the Properties at a hearing on compensation, into the Registry of the Court, which amount shall represent the Districts’ estimated value of the Properties. WHEREFORE, the Districts respectfully request this Court to set a hearing pursuant to C.R.S. § 38-1-105(6) to determine the deposit necessary and to enter an order granting the Districts’ immediate possession. Respectfully submitted this 4th day of January, 2024. SPENCER FANE LLP s/ Jamie N. Cotter Jamie N. Cotter Lauren A. Taylor Attorneys for Petitioners East Larimer County Water District and North Weld County Water District CERTIFICATE OF SERVICE The undersigned hereby certifies that on January 4, 2024 a true and correct copy of the foregoing was filed and served via CCES upon all counsel of record. /s/ Lauren A. Taylor Lauren A. Taylor ORDER FOR IMMEDIATE POSSESSION Page 1 DISTRICT COURT, LARIMER COUNTY, COLORADO 201 LaPorte Avenue, Suite 100 Fort Collins, Colorado 80521 (970) 494-3500  COURT USE ONLY  Petitioners: EAST LARIMER COUNTY WATER DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado; and NORTH WELD COUNTY WATER DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, v. Respondents: K & M COMPANY, LLLP, a Colorado limited liability limited partnership; BOXELDER SANITATION DISTRICT; THE CITY OF FORT COLLINS, a municipal corporation; ANADARKO E&P ONSHORE LLC, a Delaware limited liability company; ANADARKO LAND CORP., a Nebraska corporation; POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC., a Colorado cooperative association; and IRENE JOSEY in her official capacity as the COUNTY TREASURER OF LARIMER COUNTY, COLORADO Case Number: 2023CV30659 Division: 3B ORDER GRANTING MOTION FOR IMMEDIATE POSSESSION THIS MATTER comes before the Court upon the Motion for Immediate Possession filed by Petitioners East Larimer County Water District (“ELCO”) and North Weld County Water District (“NWCWD”) (jointly, the “Districts”), and being fully advised in the premises, THE COURT DOES HEREBY FIND: 1. That this Court has jurisdiction over the subject matter of this action pursuant to C.R.S. § 38-1-102, and has personal jurisdiction over the parties hereto, with proper service having been made of the Petition in Condemnation and proof of service returned to this Court and filed within this case; DATE FILED: January 4, 2024 4:45 PM FILING ID: 84AD6809ACF7A CASE NUMBER: 2023CV30659 ORDER FOR IMMEDIATE POSSESSION Page 2 2. There is an immediate need for the Districts to take possession of, and use the properties described in Exhibit 2 and Exhibit 3 to their Petition in Condemnation (“Properties”); 3. Good faith negotiations were conducted for the acquisition of the Properties but the Parties were unable to agree on the amount of just compensation, and further negotiations would have been futile; 4. The Districts have the legal authority to condemn for the purposes sought herein and that acquisition of the Properties is necessary for such purposes; 5. The acquisition of the Properties serves a public purpose; and 6. The sum of $_______________ constitutes a sufficient deposit for the immediate possession of the Properties by the Districts pursuant to C.R.S. § 38-1-105(6). NOW THEREFORE, THE COURT ORDERS AS FOLLOWS: IT IS HEREBY ORDERED that the Districts may deposit the sum of $__________ into the Registry of the Court and the Clerk of the Court is directed to accept such amounts and retain the same in an account for this action. The deposited sum shall constitute partial satisfaction of, and offset the final award of compensation or settlement amount. IT IS FURTHER ORDERED that, upon deposit of such funds, the Districts shall be lawfully entitled to take and have possession of the Properties described in their Petition in Condemnation, and the Districts and their contractors, agents, servants, and employees may enter into, take and retain possession of said Properties, and shall expressly have the right to complete construction of the Project described in the Districts’ Petition in Condemnation, without interference from Respondents, or any of them, or their successors, assigns, heirs, devisees, personal representatives, guests or invitees, or any other person or persons claiming by, through or under said Respondents. DATED: ______________________, 2024. BY THE COURT: ________________________________ District Court Judge