HomeMy WebLinkAbout2023CV30659 - East Larimer County Water Dist. v. K & M Co., et al. - 035 - Stipulated Order for Immediate Possession
ORDER FOR IMMEDIATE POSSESSION Page 1
DISTRICT COURT, LARIMER COUNTY, COLORADO
201 LaPorte Avenue, Suite 100
Fort Collins, CO 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, et al.
Case Number: 23CV30659
Division: 3B
STIPULATED ORDER FOR IMMEDIATE POSSESSION
THIS MATTER comes before the Court upon the Parties’ Stipulation for Immediate
Possession, 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;
2. There is an immediate need for Petitioners East Larimer County Water District
(“ELCO”) and North Weld County Water District (“NWCWD”) (collectively, the “Districts”) to
take possession of and use the property described in Exhibit 2 and Exhibit 3 to the Petition in
Condemnation (“Property”);
3. Good faith negotiations were conducted for the acquisition of the Property but the
Parties were unable to agree on the amount of just compensation, and further negotiations would
have been futile;
DATE FILED: April 23, 2024 9:31 AM
CASE NUMBER: 2023CV30659
ORDER FOR IMMEDIATE POSSESSION Page 2
4. The Districts have the legal authority to condemn for the purposes sought herein
and that acquisition of the Property is necessary for such purposes;
5. The acquisition of the Property serves a public purpose; and
6. The sum of one hundred and fifteen thousand dollars ($115,000.00) (“Deposit”)
constitutes a sufficient deposit for the immediate possession of the Property by the District s
pursuant to C.R.S. § 38-1-105(6).
NOW THEREFORE, THE COURT ORDERS AS FOLLOWS:
IT IS HEREBY ORDERED that the Districts have already deposited fifteen thousand
dollars ($15,000.00) into the Registry of the Court in exchange for possession of the area described
in the Parties’ previously submitted Stipulation for Limited Immediate Possession (“Limited
Stipulation”). The Districts may deposit the additional sum of one hundred thousand dollars
($100,000.00) 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 Deposit shall constitute partial
satisfaction of, and offset the final award of compensation or settlement amount.
IT IS HEREBY FURTHER ORDERED that, pursuant to C.R.S. § 38-1-105(6)(b), upon
proper application to the Court, Respondent K&M Company, LLLP (“Respondent”) may
withdraw the Deposit from the Registry of the Court, and any such withdrawal of the Deposit shall
be a partial payment of the amount of total compensation to be paid and shall be deducted by the
Clerk of the Court from any award or verdict entered thereafter. In addition, if the final award,
verdict, or settlement of just compensation is less than the amount of the Deposit which has been
withdrawn by Respondent, or should this action otherwise result in an award or judgment for less
than the total amount withdrawn, then Respondent or any other respondent or interested party, if
any, who has withdrawn funds from the Registry of the Court must refund to the Districts the
difference between the amount of the Deposit which has been withdrawn, and the amount of the
award, verdict, or settlement of just compensation.
IT IS FURTHER ORDERED that, upon deposit of the full Deposit, the Districts shall be
lawfully entitled to take and have possession of the Property described in its Petition in
Condemnation, and the Districts and its contractors, agents, servants, and employees may enter
into, take, and retain possession of said Property, without interference from Respondent, 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 Respondent.
IT IS FURTHER ORDERED that neither this order nor the parties’ stipulation regarding
possession constitutes a waiver by any party to raise any issue pertaining to just compensation ,
damages, interest, costs, or attorney fees.
IT IS FURTHER ORDERED that the April 23, 2024 hearing is hereby vacated.
ORDER FOR IMMEDIATE POSSESSION Page 3
IT IS FURTHER ORDERED that the terms of the Stipulation for Possession filed herewith
are controlling on the parties.
DATED: _____________________________, 2024
BY THE COURT:
________________________________
District Court Judge
Juan G. Villaseñor
District Court Judge
April 23