02-05-1993 TOA v. Sec 36,IncLAW OFFICES
DUNN, ABPLANALP & CHRISTENSEN, P.C.
A PROFESSIONAL CORPORATION
JOHN W. DUNN
ARTHUR A. ABPLANALP, JR.
ALLEN C. CHRISTENSEN
LAWRENCE P. HARTLAUS
DIANE L. HERMAN
SPECIAL COUNSEL:
JERRY W. HANNAH
Mr. Gary Stevens
P.O. Box 1918
Avon, CO. 81620
Dear Gary:
VAIL NATIONAL BANK BUILDING
SUITE 300
108 SOUTH FRONTAGE ROAD WEST
VAIL, COLORADO 81657
February 5, 199
yn
FED 1393
TOWN OF AVON
Re: Town of Avon v. Section 36, Inc.
TELEPHONE:
(303) 476 -7552
TELECOPIER:
(303) 476 -4765
Enclosed is the signed Order directing distribution of
the $1,000.00 which is currently in the court's registry to you.
Should you have any questions, please call.
Yours very truly,
DUNN, ABPLANALP & CHRISTENSEN, P.C.
Diane L. Herman
Enc. /
cc: Mr. James
RECEI'.'E0
FEB
k s'd............
IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO
Case No. 92 CV 217
ORDER FOR DISTRIBUTION OF FUNDS
THE TOWN OF AVON, a municipal corporation,
Petitioner,
SECTION 36, INC.;
COLORADO NATIONAL BANK OF DENVER; and
SHERRY BRANDON, Treasurer and Public Trustee for the County of
Eagle and State of Colorado;
Respondents.
THIS MATTER having come before this Court upon
the Petitioner and Respondent- Landowner's Motion for Distribution
of Funds; and the Court being fully advised;
IT IS HEREBY ORDERED:
That the $1,000.00 previously deposited with the
Registry of this Court be distributed to the authorized agent
Gary Stevens, for the Respondent- Landowner, Section 36, Inc.
DONE this �` day of 1993.
BY THE COURT:
/5! Wm. L JONES
District Judge
IN THE.DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO
Case No. 92CV217
ORDER OF POSSESSION
TOWN OF AVON,
Petitioner,
VS.
SECTION 36, INC.;
COLORADO NATIONAL BANK OF DENVER; and
SHERRY BRANDON, as Treasurer and Public Trustee of the County of
Eagle and'State of Colorado;
Respondents.
THIS MATTER comes before the Court on motion for an
order authorizing the Petitioner to take possession of and use
the property described in the petition in condemnation.
The Court having considered evidence with regard to the
value of the property to be taken and the necessity for the
taking of possession of the property;
FINDS that possession of the subject property is
necessary for project of the Petitioner; that possession shall be
effective as of the date indicated below; that any disturbance of
the possessory or proprietary rights of the Respondents is
needful and necessary and in the public interest; and that the
sum of $1,000 is sufficient for Petitioner to pay unto this Court
as a deposit for the benefit of the Respondents until
compensation is finally ascertained for the taking of the
property described in the petition.
IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that
upon deposit of the sum set forth above into the registry fund of
this court, and subject to any conditions set forth herein, the
Petitioner and its contractors, agents, servants and employees
shall have the right to take possession of and use the property,
including but not necessarily limited to, making cuts and fills
thereon and taking and using and adding to any and all earth,
stone, gravel and timber for construction and maintenance
purposes, all during the pendency of and until the final
conclusion of this proceedings. These rights shall be valid
against each Respondent and its, his, her, or their successors,
assigns, heirs, devisees, and personal representatives, and all
persons claiming any right, title or interest in and to said
property, by, through, or under said Respondents.
IT IS FURTHER ORDERED that the property described in
Exhibit A attached to the Petition in condemnation shall become
exempt from taxation on the date of possession by the Petitioner
as long as the same is used for road or other public purposes.
IT IS FURTHER ORDERED that Respondent, Section 36,
Inc., shall be authorized to withdraw the deposit of $1,000
provided that consent to such withdrawal is given by any
remaining Respondents entering an appearance herein. Pending
such withdrawal, the amount thereof shall be deposited by the
clerk of this Court into an interest bearing account.
DONE this 15th day of July, 1992.
BY THE COURT:
Distr' t udge
t
IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO
Case No. 92CV197
ORDER OF POSSESSION
TOWN OF AVON,
Petitioner,
VS.
WILDWOOD INVESTMENT COMPANY, a partnership;
HOLY CROSS ELECTRIC ASSOCIATION, INC.
INTRAWEST MORTGAGE COMPANY; and
SHERRY BRANDON, as Treasurer and Public Trustee of the County of
Eagle and State of Colorado;
Respondents.
THIS MATTER comes before the Court on motion for an
order authorizing the Petitioner to take possession of and use
the property described in the petition in condemnation.
The Court having considered evidence with regard to the
value of the property to be taken and the necessity for the
taking of possession of the property;
FINDS that possession of the subject property is
necessary for project of the Petitioner; that possession shall be
effective as of the date indicated below; that any disturbance of
the possessory or proprietary rights of the Respondents is
needful and necessary and in the public interest; and that the
sum of $17,534 is sufficient for Petitioner to pay unto this
Court as a deposit for the benefit of the Respondents until
compensation is finally ascertained for the taking of the
property described in the petition.
IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that
upon deposit of the sum set forth above into the registry fund of
this court, and subject to any conditions set forth herein, the
Petitioner and its contractors, agents, servants and employees
shall have the right to take possession of and use the property,
including but not necessarily limited to, making cuts and fills
thereon and taking and using and adding to any and all earth,
stone, gravel and timber for - construction and maintenance
purposes, all during the pendency of and until the final
conclusion of this proceedings. These rights shall be valid
against.each Respondent and its, his, her, or their successors,
assigns,-heirs, devisees, and personal representatives, and all
persons claiming any right, title or interest in and to said
property, by, through, or under said Respondents.
IT IS FURTHER ORDERED that the property described in
Exhibit A attached to the Petition in condemnation shall become
exempt from taxation on the date of possession by the Petitioner
as long as the same is used for road or other public purposes.
IT IS FURTHER ORDERED that Respondent, Wildwood
Investment Company, shall be authorized to withdraw the deposit
of $17,534 provided that consent to such withdrawal is given by
any remaining Respondents entering an appearance herein. Pending
such withdrawal, the amount thereof shall be deposited by the
clerk of this Court into an interest bearing account.
DONE this 15th day of July, 1992.
BY THE COURT:
Distric Judge
L A N D T I T L E G U A R A N T E E C O M P A N Y
Representing Title.Insurance Company of Minnesota
THANK YOU FOR YOUR ORDER
May 11, 1992
Our Order No.: V18895
BUYER /OWNER: ,
,/TOWN OF AVON
SELLER:
ADDRESS:
SECTION 36, INC., A COLORADO CORPORATION
TRACT Y BLOCK 1 BENCHMARK
COSGRIFF, DUNN AND ABPLANALP
#300
108 S. FRONTAGE RD. W.
VAIL, COLORADO 81657
1 Attn: DIANE
COPIES
1 Attn:
PICKED UP FOR DELIVERY AM PM
COVENANTS ATTACHED YES NO
FOR TITLE QUESTIONS CALL KAREN HORTH 303 476 -2251
FOR CLOSING QUESTIONS CALL
zxa
A L T A C O M M I T M E N T
SCHEDULE A
Our Order No. V18895
For Information Only
TRACT Y BLOCK 1 BENCHMARK
- Charges -
ALTA Owner Policy $115.00
- - TOTAL - - $115.00
* ** *WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO. V18895. * * **
1.
Effective
Date:
May
04, 1992
at 8:00 A.M.
2.
Policy to
be issued,
and
proposed
Insured:
"ALTA" Owner's Policy $1,000.00
1987 Revision (Amended 1990)
Proposed Insured:
TOWN OF AVON
3. The estate or interest in the land described or referred to in
this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the
effective date hereof vested in:
SECTION 36, INC., A COLORADO CORPORATION
5. The land referred to in this Commitment is described as
follows:
A PARCEL OF LAND LOCATED IN TRACT Y OF THE RESUBDIVISION OF LOT
67, 68 AND A PORTION OF TRACT C, BLOCK 1, TOWN OF AVON, EAGLE
COUNTY, COLORADO, DESCRIBED IN FINAL SUBDIVISION PLAT AMENDMENT
NO. 4, BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO, AND
THE ROAD RIGHT OF WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE SOUTH 1/2, NORTHEAST 1/4, NORTHEAST 1/4 SECTION
12, TOWNSHIP 5 SOUTH, RANGE 82 WEST, OF THE 6TH PRINCIPAL
MERIDIAN AS FILED IN THE CLERK AND RECORDERS OFFICE IN BOOK
348, PAGE 296, ON NOVEMBER 5, 1982 OF EAGLE COUNTY, COLORADO
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF SAID
PAGE 1
I A L T A C O M M I T M E N T
SCHEDULE A
Our Order No. V18895
TRACT Y AND ON THE NORTH RIGHT OF WAY LINE OF INTERSTATE 70;
THENCE SOUTH 45 DEGREES 39 MINUTES 15 SECONDS EAST ALONG THE
SOUTH LINE OF SAID TRACT Y AND THE NORTH RIGHT OF WAY LINE OF
INTERSTATE 70 A DISTANCE OF 508.23 TO A POINT;
THENCE NORTH 43 DEGREES 05 MINUTES 44 SECONDS EAST A DISTANCE
OF 125.85 FEET TO A POINT ON A NON - TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 530.00 FEET AND ON THE NORTH LINE OF SAID
TRACT Y ALSO ON THE SOUTH RIGHT OF WAY LINE OF SWIFT GULCH
ROAD;
THENCE 106.52 FEET ALONG SAID CURVE AND THE NORTH LINE OF SAID
TRACT Y AND THE SOUTH RIGHT OF WAY LINE OF SWIFT GULCH ROAD
THROUGH A CENTRAL ANGLE OF 11 DEGREES 30 MINUTES 54 SECONDS,
HAVING A CHORD BEARING AND DISTANCE OF NORTH 46 DEGREES 48
MINUTES 43 SECONDS WEST 106.34 FEET TO A POINT OF TANGENCY;
THENCE NORTH 41 DEGREES 03 MINUTES 16 SECONDS WEST CONTINUING
ALONG THE NORTH LINE OF SAID TRACT Y AND THE SOUTH RIGHT OF WAY
LINE OF SWIFT GULCH ROAD A DISTANCE OF 364.81 FEET TO A POINT;
THENCE NORTH 46 DEGREES O1 MINUTES 43 SECONDS WEST CONTINUING
ALONG THE NORTH LINE OF SAID TRACT Y AND THE SOUTH RIGHT OF WAY
LINE OF SWIFT GULCH ROAD A DISTANCE OF 14.11 FEET TO THE
NORTHWEST CORNER OF SAID TRACT Y;
THENCE SOUTH 52 DEGREES 19 MINUTES 28 SECONDS WEST ALONG THE
WEST LINE OF SAID TRACT Y A DISTANCE OF 154.33 FEET TO THE TRUE
POINT OF BEGINNING.
PAGE 2
A L T A C O M M I T M E N T
SCHEDULE B -1
(Requirements) Our Order No. V18895
The following are the requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors of
the full consideration for the estate or interest to be
insured.
2. Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record, to -wit:
3. PARTIAL RELEASE OF DEED OF TRUST DATED January 04, 1985, FROM SECTION 36,
INC., A COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE
USE OF BENCHMARK AT BEAVER CREEK, A LIMITED PARTNERSHIP AND S & G
PARTNERSHIP, A GENERAL PARTNERSHIP TO SECURE THE SUM OF $1,687,500.00
RECORDED March 04, 1985, IN BOOK 407 AT PAGE 524.
SAID DEED OF TRUST WAS ASSIGNED TO COLORADO NATIONAL BANK OF DENVER IN
ASSIGNMENT RECORDED MARCH 4, 1985, IN BOOK 407 AT PAGE 525 AND RERECORDED
JULY 13, 1987 IN BOOK 465 AT PAGE 901.
MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED
May 24, 1990, IN BOOK 530 AT PAGE 35.
4. WARRANTY DEED FROM SECTION 36, INC., A COLORADO CORPORATION TO TOWN OF AVON
CONVEYING SUBJECT PROPERTY.
THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN
ADDRESSES ON DOCUMENTS SENT FOR RECORDING!!
PAGE 3
A L T A C O M M I T M E N T
SCHEDULE B -2
(Exceptions) Our Order No. V18895
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of
the Company:
1. Standard Exceptions 1 through 5 printed on the cover sheet.
6. Taxes and assessments not yet due or payable and special
assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES.
10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION,
OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED April 07, 1975, IN
BOOK 239 AT PAGE 249 AND AS AMENDED IN INSTRUMENT RECORDED July 19, 1979,
IN BOOK 288 AT PAGE 567 AND AS AMENDED IN INSTRUMENT RECORDED April 23,
1985, IN BOOK 411 AT PAGE 960, AND AS AMENDED FEBRUARY 7, 1990 IN BOOK 522
AT PAGE 721.
11. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE
RECORDED PLAT OF BENCHMARK AT BEAVER CREEK AND AMENDMENTS THERETO.
12. UTILITY AND DRAINAGE EASEMENTS TEN (10) FEET IN WIDTH ARE RESERVED ALONG
EACH SIDE OF EVERY BACK LOT LINE OF EVERY LOT LINE IN THE SUBDIVISION. IN
ADDITION, UTILITY AND DRAINAGE EASEMENTS SEVEN AND ONE -HALF (7 1/2) FEET IN
WIDTH ARE RESERVED ALONG EACH SIDE OF EVERY SIDE LOT IN THE SUBDIVISION NOT
FRONTING ON A DEDICATED STREET OR ROAD AS RESERVED ON THE RECORDED PLAT.
13. NOTTINGHAM PUDER DITCH ACCESS AND MAINTENANCE EASEMENT, ACCESS EASEMENT,
AND SWIFT GULCH ROAD RIGHT OF WAY ALL TRAVERSING SUBJECT PROPERTY AS SHOWN
ON THE PLAT RECORDED NOVEMBER 5, 1982 IN BOOK 348 AT PAGE 296.
PAGE 4
L A N D T I T L E G U A R A N T E E C O M P A N'Y
DISCLOSURE STATEMENT
Required by Senate Bill 91 -14
A) The subject real property may be located in a special taxing
district.
B) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained from the County Treasurer or the County
Treasurer's authorized agent.
C) The information regarding special districts and the boundaries
of such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
July 13, 1992
Ed Hansen, Clerk of the
Combined Courts
P. O. Box 597
Eagle, CO 81631
Re:' Town of Avon vs. Wildwood, et al.
Case No. 92CV197
---------------=------------------
Town of Avon vs. Section 36, Inc_.
Case No. 92CV217
Dear Ed:
IN LEADVILLE:
COSGRIFF, DUNN & BERRY
P.O. Box 1 1
LEADVILLE, COLORADO 80461
(719) 486 -1885
j a' L
JUL -1,1
TOWN OF AVON
I enclose AMENDED NOTICE OF IMMEDIATE POSSESSION
HEARING for filing in each of the above matters.
Thank you very much.
Yours very truly,
COSGRIFF, DUNN & ABPLANALP
John W. Dunn
JWD:kem
Enc.
/cc: Mr. James
THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL.
�J
LAW OFFICES
COSGRIFF, DUNN & ABPLANALP
A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
VAIL NATIONAL BANK BUILDING
PETER COSGRIFF
JOHN W. DUNN
SUITE 300
ARTHUR A. ABPLANALP, JR.
108 SOUTH FRONTAGE ROAD WEST
TIMOTHY H. BERRY
ALLEN C. CHRISTENSEN
VAIL, COLORADO 81657
LAWRENCE P. HARTLAUB
DIANE L. HERMAN
TELEPHONE: (303) 476 -7552
TELECOPIER: (303) 476 -4765
SPECIAL COUNSEL:
JERRY W. HANNAH
July 13, 1992
Ed Hansen, Clerk of the
Combined Courts
P. O. Box 597
Eagle, CO 81631
Re:' Town of Avon vs. Wildwood, et al.
Case No. 92CV197
---------------=------------------
Town of Avon vs. Section 36, Inc_.
Case No. 92CV217
Dear Ed:
IN LEADVILLE:
COSGRIFF, DUNN & BERRY
P.O. Box 1 1
LEADVILLE, COLORADO 80461
(719) 486 -1885
j a' L
JUL -1,1
TOWN OF AVON
I enclose AMENDED NOTICE OF IMMEDIATE POSSESSION
HEARING for filing in each of the above matters.
Thank you very much.
Yours very truly,
COSGRIFF, DUNN & ABPLANALP
John W. Dunn
JWD:kem
Enc.
/cc: Mr. James
THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL.
IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO
Case No. 92CV217
AMENDED NOTICE OF IMMEDIATE POSSESSION HEARING
TOWN OF AVON,
Petitioner,
VS.
SECTION 36, INC.;
COLORADO NATIONAL BANK OF DENVER;
SHERRY BRANDON, as Treasurer and Public Trustee for the County of
Eagle and State of Colorado,
Defendants.
TO: THE ABOVE -NAMED RESPONDENTS
PLEASE TAKE NOTICE that, by order of the Court, the
request and application for immediate possession, contained in
the prayer of the petition, will be heard and determination of
the amount of deposit for immediate possession will be made in
the above -named court at Eagle, Colorado on July 15, 1992, at
9:00 A.M. or as soon thereafter as counsel can be heard, at which
time and place you may be present if you so desire.
DATED this 13th day of July, 1992.
COSGRIFF, DUNN & ABPLANALP
By:
John W. Dunn, No. 1421
108 S. Frontage Rd. #300
Vai`1, Colorado 81657
(303) 476 -7552
Attorneys for Petitioner
CERTIFICATE OF MAILING
I hereby certify that on the 13th day of July, 1992, I
served the foregoing Amended Notice on the Respondents by mail
and by facsimile copy.
July 13, 1992
Ed Hansen, Clerk of the
Combined Courts
P. O. Box 597
Eagle, CO 81631
Re: Town of Avon vs. Wildwood, et al.
Case No. 92CV197
---------------=------------------
Town of Avon vs. Section 36, Inc.
Case No. 92CV217
Dear Ed:
IN LEADVILLE:
COSGRIFF, DUNN & BERRY
P.O. BOX I 1
LEADVILLE, COLORADO 00461
(719) 406 -1005
Al
JUL 1 1922
TO10 /N OF AVON
I enclose AMENDED NOTICE OF IMMEDIATE POSSESSION
HEARING for filing in each of the above matters.
Thank you very much.
Yours very truly,
COSGRIFF, DUNN & ABPLANALP
John W. Dunn
JWD:kem
Enc. •
/c: Mr. James
THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL.
LAW OFFICES
COSGRIFF, DUNN & ABPLANALP
A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
VAIL NATIONAL BANK BUILDING
PETER COSGRIFF
JOHN W. DUNN
SUITE 300
ARTHUR A. ABPLANALP, JR.
108 SOUTH FRONTAGE ROAD WEST
TIMOTHY H. BERRY
ALLEN C. CHRISTENSEN
VAIL, COLORADO 81657
LAWRENCE P. HARTLAUB
DIANE L. HERMAN
TELEPHONE: (303) 476 -7552
TELECOPIER: (303) 476 -4765
SPECIAL COUNSEL:
JERRY W. HANNAH
July 13, 1992
Ed Hansen, Clerk of the
Combined Courts
P. O. Box 597
Eagle, CO 81631
Re: Town of Avon vs. Wildwood, et al.
Case No. 92CV197
---------------=------------------
Town of Avon vs. Section 36, Inc.
Case No. 92CV217
Dear Ed:
IN LEADVILLE:
COSGRIFF, DUNN & BERRY
P.O. BOX I 1
LEADVILLE, COLORADO 00461
(719) 406 -1005
Al
JUL 1 1922
TO10 /N OF AVON
I enclose AMENDED NOTICE OF IMMEDIATE POSSESSION
HEARING for filing in each of the above matters.
Thank you very much.
Yours very truly,
COSGRIFF, DUNN & ABPLANALP
John W. Dunn
JWD:kem
Enc. •
/c: Mr. James
THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL.
IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO
Case No. 92CV197
AMENDED NOTICE OF IMMEDIATE POSSESSION HEARING
TOWN OF AVON, a municipal corporation,
Petitioner,
VS.
WILDWOOD INVESTMENT COMPANY, a partnership;
HOLY CROSS ELECTRIC ASSOCIATION, INC.;
INTRAWEST MORTGAGE COMPANY;
SHERRY BRANDON, Treasurer and Public Trustee for the County of
Eagle and State of Colorado;
Respondents.
TO: THE ABOVE -NAMED RESPONDENTS
PLEASE TAKE NOTICE that, by order of the Court, the
request and application for immediate possession, contained in
the prayer of the petition, will be heard and determination of
the amount of deposit for immediate possession will be made in
the above -named court at Eagle, Colorado on July 15, 1992, at
9:00 A.M. or as soon thereafter as counsel can be heard, at which
time and place you may be present if you so desire.
DATED this 13th day of July, 1992.
COSGRIFF, DUNN & ABPLANALP
BY: O
John W. Dunn, No. 1421
108 Frontage Rd. #300
Vail, Colorado 81657
(303) 476 -7552
Attorneys for Petitioner
CERTIFICATE OF MAILING
I hereby certify that on the 13th day of July, 1992, I
served the foregoing Amended Notice on the Respondents by mail
and by facsimile copy.
LAW OFFICES
COSGRIFF, DUNN & ABPLANALP
A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
PETER COSGRIFF
JOHN W. DUNN
ARTHUR A. ABPLANALP, JR.
TIMOTHY H. BERRY
ALLEN C. CHRISTENSEN
LAWRENCE P. HARTLAUB
DIANE L. HERMAN
SPECIAL COUNSEL:
JERRY W. HANNAH
Ms. Linda Rogers
Telco
P.O. Box 11155
Telluride CO 81435
VAIL NATIONAL! BANK BUILDING
SUITE 300
108 SOUTH FRONTAGE ROAD WEST
VAIL, COLORADO 81657
TELEPHONE: (303) 476 -7552
TELECOPIER: (303) 476 -4765
June 17, 1992
IN LEADVILLE:
COSGRIFF, DUNN & BERRY
P.O. BOX I I
LEADVILLE, COLORADO 80461
(719) 486 -1885
Re: Town of Avon v. Wildwood Investment Co.
Town of Avon v. Lot 36, Inc,
Dear Linda:
This will confirm our telephone conversation today. I
understand that you are sending me stipulations for possession in
connection with the above two condemnation cases. I also
understand that, pending my receipt of those stipulations and
entry of an order for immediate possession, the Town and its
contractor may enter upon the property being condemned to
commence construction work.
Thank you.
Yours very truly,
COSGRIFF, DUNN & ABPLANALP
Joh W. Dunn
JWD :ip /se
cc. /r. James
Mr. Wood
THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL.
P
PETER COSGRIFF
JOHN W. DUNN
ARTHUR A. ABPLANALP, JR.
TIMOTHY H. BERRY
ALLEN C. CHRISTENSEN
LAWRENCE P. HARTLAUB
DIANE L. HERMAN
SPECIAL COUNSEL:
JERRY W. HANNAH
LAW OFFICES
COSGRIFF, DUNN & ABPLANALP
A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
VAIL NATIONAL BANK BUILDING
SUITE 300
108 SOUTH FRONTAGE ROAD WEST
VAIL, COLORADO 81657
TELEPHONE: (303) 476 -7552
TELECOPIER: (303) 476 -4765
May 19, 1992
Ms. Linda Rodgers
Benchmark Companies
P. 0. Box 11155
Telluride, CO 81435
IN LEADVILLE:
COSGRIFF, DUNN & BERRY
P.O. BOX 1 I
LEADVILLE, COLORADO 80461
(719) 486 -1805
UP'ill
�C�C
MAYt
TOWN OF AVON
Re: Town of Avon vs. Wildwood Investment
Company, et al.
------------------------------------
Town of Avon vs. Section 36, Inc., et al.
Dear Linda:
In accordance with your agreement with Bill James, I
enclose Stipulations for signature by Jim Wells. Please return
them at your earliest convenience so we can file them with the
court.
Thank you very much.
JWD:kem
Enc.
�c: Mr. James
Yours very truly,
COSGRIFF, DUNN & ABPLANALP
John W. Dunn
THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL.
4,
IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO
CASE NO. 92 CV 217
STIPULATION
TOWN OF AVON,
Petitioner,
VS.
SECTION 36, INC;
COLORADO NATIONAL BANK OF DENVER;
SHERRY BRANDON, as Treasurer and Public Trustee of the County of
Eagle and State of Colorado;
Respondents.
IT IS HEREBY STIPULATED AND AGREED:
That upon deposit into the registry of this court of
the sum of $1,000 by the Petitioner, Petitioner may take
possession of the property described in the petition in
condemnation herein and may take, possess, use, and enjoy said
property or land as against the Respondent, Section 36, the owner
of the property, and its successors and assigns, and each of
them, and all persons whomsoever claiming any right, title or
interest in and to said property, by, through or under said
Respondent, together with the right to make cuts and fills
thereon, and to take and use therefrom and add thereto any and
all earth, stone, gravel and timber and other materials for
construction and maintenance purposes, all during the pendency of
and until the final conclusion of this action.
IT IS FURTHER STIPULATED AND AGREED that, pursuant to
the provisions of sections 38 -1 -105 and 38 -1 -116, C.R.S., said
Respondent may, upon proper application to the clerk of this
court, withdraw from the registry fund of this court the sum of
$1,000 from the sum so deposited by the Petitioner, provided that
all Respondents consent to such withdrawal.
IT BEING EXPRESSLY UNDERSTOOD AND AGREED that said sum,
if withdrawn, shall be and constitute a partial payment of the
compensation to be eventually paid to said Respondent and other
interested parties, if any, and shall be deducted by the clerk of
this court from any award or verdict entered thereafter, or
deducted by Petitioner from any settlement amount agreed upon.
IT IS FURTHER STIPULATED AND AGREED that if the award
of compensation shall be less than the amount withdrawn, said
Respondent does hereby agree to refund to the Petitioner the
difference between the withdrawal and the amount of the award.
IT IS AGREED the property which is the subject of this
action as described in Exhibit A, which is attached to the
petition in condemnation, shall become exempt from taxation on
the date of possession by the Petitioner or until the Petitioner
leases, sells, or otherwise disposes of the property to an entity
which is not a public body entitled to tax exemption.
The undersigned Respondent hereby states and verifies
that there are no otter parties interested in the property sought
to be acquired by the Petitioner herein, other than those named
in the petition herein, and does hereby agree to indemnify and
hold Petitioner harmless from any claim or claims which might be
asserted by parties other than such Respondents.-
That Respondent, Section 36,Inc., by entering into this
stipulation, does not waive its right to raise any issue
pertaining to just compensation at the time of trial.
DATED this day of May, 1992.
COSGRIFF, DUNN & ABPLANALP
By:
By:
John W. Dunn, No. 1421
108 S. Frontage Rd. #300
Vail, Colorado 81657
(303) 476 -7552
Attorneys for Petitioners
A.J. Wells, President
Section 36, Inc.
P.O. Box 326
Avon, CO. 81620
IN THE DISTRICT COURT, COUNTY OF EAGLE, AND STATE OF COLORADO
Case No. 92CV197
TOWN OF AVON, a municipal corporation,
Petitioner,
WILDWOOD INVESTMENT COMPANY, a partnership;
HOLY CROSS ELECTRIC ASSOCIATION, INC.;
INTRAWEST MORTGAGE COMPANY; and
SHERRY BRANDON, Treasurer and Public Trustee for the County of
Eagle and State of Colorado,
Respondent.
IT IS HEREBY STIPULATED AND AGREED:
That upon deposit into the registry of this court of
the sum of $17,534 by the Petitioner, Petitioner may take
possession of the property described in the petition in
condemnation herein and may take, possess, use, and enjoy said
property or land as against the Respondent, Wildwood Investment
Company, the owner of the property, and its successors and
assigns, and each of them, and all persons whomsoever claiming
any right, title or interest in and to said property, by, through
or under said Respondent, together with the right to make cuts
and fills thereon, and to take and use therefrom and add thereto
any and all earth, stone, gravel and timber and other materials
for construction and maintenance purposes, all during the
pendency of and until the final conclusion of this action.
IT IS FURTHER STIPULATED AND AGREED that, pursuant to
the provisions of sections 38 -1 -105 and 38 -1 -116, C.R.S., said
Respondent may, upon proper application to the clerk of this
court, withdraw from the registry fund of this court the sum of
$17,534 from the sum so deposited by the Petitioner, provided
that all Respondents consent to such withdrawal.
IT BEING EXPRESSLY UNDERSTOOD AND AGREED that said sum,
if withdrawn, shall be and constitute a partial payment of the
compensation to be eventually paid to said Respondent and other
interested parties, if any, and shall be deducted by the clerk of
this court from any award or verdict entered thereafter or
deducted by Petitioner from any settlement amount agreed upon.
,, i
IT IS FURTHER STIPULATED AND AGREED that if the award
of compensation shall be less than the amount withdrawn, said
Respondent does hereby agree to refund to the Petitioner the
difference between the withdrawal and the amount of the award.
IT IS AGREED the property which is the subject of this
action as described in Exhibit A, which is attached to the
petition in condemnation, shall become exempt from taxation on
the date of possession by the Petitioner or until the Petitioner
leases, sells, or otherwise disposes of the property to an entity
which is not a public body entitled to tax exemption.
The undersigned Respondent hereby states and verifies
that there are no other parties interested in the property sought
to be acquired by the Petitioner herein, other than those named
in the Petition herein, and does hereby agree to indemnify and
hold Petitioner harmless from any claim or claims which might be
asserted by parties other than such Respondents.
That Respondent, Wildwood Investment Company, by
entering into this stipulation, does not waive its right to raise
any issue pertaining to just compensation at the time of trial.
DATED this day of May, 1992.
COSGRIFF, DUNN & ABPLANALP
By:
John W. Dunn, No. 1421
108 S. Frontage Rd. #300
Vail, Colorado 81657
(303) 476 -7552
Attorneys for Petitioners
WILDWOOD INVESTMENT COMPANY,
a partnership
By:
A. J. Wells, General
Partner
P. 0. Box 11155
Telluride, CO 81435