HomeMy WebLinkAbout2024CV30118 - City v. Horsetooth Convenience Center, et al - 15 - Order granting Immediate Possession
DISTRICT COURT, LARIMER COUNTY, COLORADO
201 LaPorte Avenue, Suite 100
Fort Collins, Colorado 80521
970-494-3500
▲COURT USE ONLY▲
Petitioner: CITY OF FORT COLLINS, a Colorado home
rule municipality,
v.
Respondents: HORSETOOTH CONVENIENCE CENTER,
LLC, a Colorado limited liability company; 7-ELEVEN,
INC., a Texas corporation; and IRENE E. JOSEY, in her
official capacity as the COUNTY TREASURER OF
LARIMER COUNTY.
Case Number: 2024CV30118
Division: 4A
ORDER GRANTING PETITIONER IMMEDIATE POSSESSION
THIS MATTER comes before the Court upon the Stipulation for Immediate Possession
entered into by Petitioner City of Fort Collins (the "City"), Respondent Horsetooth Convenience
Center, LLC ("HTCC") and Respondent 7-Eleven, Inc. ("7-Eleven") pursuant to C.R.S. § 38-1-
105(6). Based upon this Stipulation, the pleadings on file in this action, and the Court otherwise
being fully advised in this matter, hereby FINDS that:
1) Petitioner has the legal authority to condemn the real property described in the
Petition in Condemnation ("Subject Property");
2) There is a necessity for Petitioner to acquire the Subject Property;
3) The taking of the Subject Property by Petitioner is for a public use and purpose;
4) There have been good faith negotiations between the Petitioner and Respondents,
but there has been a failure to agree on the compensation to be paid for the
Subject Property;
5) Any disturbance of the possessory rights of Respondents is necessary;
6) The amount of Four Hundred and Ten Thousand, Five hundred and
No/100ths Dollars ($410,500.00) is a sufficient deposit for Petitioner to pay into
the Court Registry for Petitioner to take possession of the Subject Property
pursuant to C.R.S. § 38-1-105(6)(a); and
DATE FILED: April 11, 2024 4:47 PM
CASE NUMBER: 2024CV30118
2
7) Respondents have waived all challenges to the taking of the Subject Property
other than the right to compensation, and the sole remaining issue for trial is the
amount of compensation owing for the taking of the Subject Property.
NOW THEREFORE, IT IS HEREBY ORDERED that Petitioner may deposit the
amount of Four Hundred and Ten Thousand, Five hundred and No/100ths Dollars
($410,500.00) into the Registry of the Court and take immediate possession of the Subject
Property pursuant to C.R.S. § 38-1-105(6)(a) and that such deposit shall offset any final award,
judgment or settlement as to the compensation owing for the taking of the Subject Property.
IT IS FURTHER ORDERED that the Clerk of the Court is directed to accept such
funds and place them into an account associated with this civil action for the benefit of
Respondents and others interested in the Subject Property, pending further orders of the Court.
IT IS FURTHER ORDERED that the terms and conditions of Permanent Easement-15
and 16 are modified as shown in the attached Exhibit 1. All other aspects of the Petition in
Condemnation, including all legal descriptions as well as the terms and conditions of all other
property rights being acquired shall not be affected by this Order.
IT IS FURTHER ORDERED that pursuant to C.R.S. § 38-1-105(6)(a), and upon
deposit of Four Hundred and Ten Thousand, Five hundred and No/100ths Dollars
($410,500.00) into the Registry of the Court, Petitioner shall have possession of the Subject
Property described in the Petition in Condemnation (as modified on the attached Exhibit 1), and
Petitioner and its contractors, agents, and employees may, consistent with the applicable terms
and conditions, enter into, take and retain possession of the Subject Property during the pendency
of this proceeding, without interference from Respondents, or their successors, assigns, heirs,
devisees, personal representatives, lessees, guests or invitees, or any other person or persons
claiming by, through, or under Respondents.
IT IS FURTHER ORDERED that the immediate possession hearing is hereby vacated,
and all briefing, disclosures, discovery and other obligations contemplated in the recently filed
Case Management Order for the Immediate Possession phase of the case are canceled. The
parties shall submit a new Case Management Order for the Valuation phase of the case.
IT IS FURTHER ORDERED that the terms of the Stipulation of Possession filed herewith
are controlling on the parties.
DONE this ____ day of ____________________, 2024.
_______________________
Carroll Michelle Brinegar
District Court Judge
11 April