HomeMy WebLinkAbout2023CV30659 - East Larimer County Water Dist. Et Al V. K & M Co., Et Al. - 014 - Boxelder StipulationDISTRICT COURT, LARIMER COUNTY, COLORADO
Court Address: 201 LaPorte Avenue, Suite 100
Fort Collins, Colorado 80521
Phone Number: (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
Timothy L. Goddard, Atty. Reg. No. 17645
GODDARD LAW OFFICE, PLLC
210 East 29th Street
Loveland, CO 80538
Phone No.: (970) 493-5070
Email: timg@hfglawfirm.com
Case Number: 23CV30659
Division: 3B
STIPULATION REGARDING BOXELDER SANITATION DISTRICT’S
PROPERTY INTERESTS
DATE FILED: September 20, 2023 3:27 PM
FILING ID: CF79A12A45BB6
CASE NUMBER: 2023CV30659
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Petitioners, East Larimer County Water District and North Weld County Water District
(jointly, the “Districts”) and Respondent, Boxelder Sanitation District (“BSD”), by and through
their respective undersigned counsel, hereby stipulate and agree as follows:
1. This is an eminent domain proceeding brought pursuant to the procedures set forth
in Colo. Rev. Stat. § 38-1-101, et seq. The Districts seek to acquire the Permanent Easement and
Temporary Easements (jointly, the “Subject Easements”) described in the Petition in
Condemnation (the “Petition”) for the public purpose of the construction, operation and
maintenance of a water pipeline (the “Project”) as more fully described in the Petition.
2. BSD is named as a Respondent because it holds an easement (the “BSD
Easement”) in, over and to a portion of the property described in the Petition (the “Property”), as
described in that certain Easement Agreement recorded April 9, 1979, in Book 1942 at Page 372
of the Larimer County, Colorado records.
3. The Districts do not seek to impact or impair the
BSD Easement or the underground sewer line or related underground or surface appurtenances
thereto, or otherwise to interfere with or extinguish the BSD Easement. Accordingly, the
Districts agree to take title to, possession of, and use the Subject Easements (the “Acquisition”)
subject to the BSD Easement. BSD similarly agrees not to impact or impair the Project or the
Subject Easements being acquired by the Districts in this action.
4. The Districts also agree to ensure that any order, stipulation or voluntary
agreement conveying, granting or establishing the Subject Easements in and to the Districts will
specifically indicate that the Acquisition is subject to the BSD Easement by including the
following language:
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Respondent Boxelder Sanitation District (“BSD”) has an interest in the real
property that is within the NE 1/4 and SE 1/4 of Section 5, Township 7 North,
Range 68 West of the 6th P.M., Larimer County, Colorado and is more particularly
described on Exhibit 1 attached to the Petition in Condemnation (the “Property”)
by virtue of an Easement Agreement recorded April 9, 1979, in Book 1942 at Page
372 of the Larimer County, Colorado records (the “BSD Easement”). BSD owns
and operates a sewer line and other facilities located on the Property. The Districts
shall take title to, possession of, and use the permanent and temporary easements
(collectively, the “Subject Easements”) to be acquired in this action, subject to the
BSD Easement. The Districts and BSD acknowledge their respective rights are
non-exclusive and, as such, the parties will consider the existence of the respective
utility facilities and improvements in future construction projects and work in good
faith to try and resolve any engineering conflicts or concerns which may arise. BSD
shall not seek to extinguish, impact or impair the Subject Easements or the public
project for which the Subject Easements are being acquired, and BSD commits to
replace or repair any existing improvements and design and construct future
improvements in, on, under or across the portion of the Property where the Subject
Easements are located in a manner so as to protect in place and minimize any impact
or interference with the Subject Easements.
5. BSD does not object to any request by the Districts for immediate possession of the
portion of the Property where the Subject Easements are located and to entry of a Final Rule and
Order conveying the Subject Easements to the Districts, subject to the conditions set forth above
and provided that the terms and conditions of this Stipulation are incorporated into and made part
of the Court’s Order of Possession and Final Rule and Order. Further, BSD makes no claim to
any compensation that may be awarded in this case, and the Districts agree to take reasonable steps
necessary to ensure that any order, stipulation or voluntary agreement granting, conveying or
establishing the Subject Easements in and to the Districts will include language consistent with
this Stipulation.
6. If the Districts amend the Petition regarding the Acquisition, the Districts will
specifically indicate that such amended rights are being acquired subject to the BSD Easement
with language similar to that specified above or, alternatively, shall notify BSD of such proposed
amendment and give BSD an opportunity to respond.
7. The parties further agree that upon the Court's entry of an order approving this
Stipulation, BSD no longer will be required to participate in this actionbut shall remain a party
and shall be served with all pleadings and orders in this action.
8 . Based upon the terms set forth above, the parties request that the Court enter the
attached order approving this Stipulation. Each party hereto shall pay its own costs and attorney
fees.
rt-1
Respectfully submitted this I? -day of September, 2023 .
GODDARD LAW OFFICE, PLLC
By -/~~ Ti~Goddard
ATTORNEY FOR PETITIONERS
ZIER LAW OFFICES, L.L.C.
By ~~p(_t fi-:r
Richard F. Zier
ATTORNEY FOR RESPONDENT BOXELDER
SANITATION DISTRICT
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CERTIFICATE OF SERVICE
I hereby certify that on the ______ day of September, 2023, I served a true and correct
copy of the above and foregoing STIPULATION REGARDING BOXELDER SANITATION
DISTRICT’S PROPERTY INTERESTS via Colorado Courts E-Filing (CCE) to the following:
Carrie S. Bernstein, Esq.
Joshua T. Mangiagli, Esq.
Alderman Bernstein LLC
101 University Blvd., Suite 350
Denver, CO 80206
csb@ablawcolorado.com
jtm@ablawcolorado.com
Attorneys for Respondent K & M Company, LLLP
Ryan Malarky, Esq.
Fort Collins City Attorney’s Office
300 Laporte Avenue
P.O. Box 500
Fort Collins, CO 80522
rmalarky@fcgov.com
Attorneys for Respondent City of Fort Collins
With a courtesy copy via email to:
Richard F. Zier, Esq.
Zier Law Offices, L.L.C.
3600 South College Avenue, Suite 204
Fort Collins, CO 80525
rick@zierlawoffices.com
Attorney for Respondent Boxelder Sanitation District
By /s/ G. Camille Asadi
G. Camille Asadi
Pursuant to C.R.C.P. 121 § 1-26, the original of this document with original signatures will be maintained in the office
of Goddard Law Office, PLLC, and will be made available for inspection by other parties or the Court upon request.
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