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� f 1 <br /> This matter comes before the Court upon the Stipulation and Joint Motion for Entry of <br /> Rule and Order submitted to the Court by the Petitioner, E-470 Public Highway Authority <br /> ("Petitioner"), and the Respondent Henderson Development Company ("Respondent- <br /> Landowner")by and through their counsel of record. <br /> The Court, having read the Stipulation and Joint Motion for Entry of Rule and Order and <br /> being fully advised in the premises hereby finds: <br /> A. The Petitioner has filed a Petition in Condemnation to acquire certain property <br /> that is the subject of this litigation and that the property is more fully described in Exhibit A <br /> attached hereto, consisting of parcels labeled as TK-183,TK-183A, TK-183B, TK-184,TK-185, <br /> TK-186, TK-187, TK-187A and TK-187B (hereafter referred to as the "Property"). The <br /> Property does not include any water rights or rights to use water, either decreed or undecreed, <br /> permitted or unpern fitted, tributary, non-tributary or not non tributary, designated or undesignated <br /> that is owned or claimed by Respondents or in any way associated with the Property that is the <br /> subject of this action("Water Rights"). The Petitioner disclaims any interest in any water rights or <br /> rights to use water owned by the Respondents or in any uses of water associated with the Property. <br /> Nonetheless, Petitioner's disclaimer of water rights and rights to use water shall not be construed as <br /> permission by the Respondents or any others to locate or perpetuate surface facilities incident to <br /> water rights or the rights to use water that would interfere with the Petitioner's use of the Property <br /> for use as a Public Highway. <br /> B. The Petitioner is acquiring the Property for the construction of a public highway <br /> as that term is defined is C.R.S. § 43-4-503(12) as amended. The Property is being acquired for <br /> a public purpose, and the Petitioner has the legal power and authority to condemn the Property. <br /> The Petitioner has negotiated in good faith with Respondent-Landowner for the acquisition of <br /> the Property. <br /> C. Petitioner agrees to reimburse Respondent-Landowner for appraisal fees in the <br /> amount of$2,237.00,which payment shall be made directly to Respondent-Landowner. The just <br /> compensation to be paid for the taking of the Property, any damages, and all costs shall be <br /> $628,480.00, exclusive of the separate payment to be made for appraisal fees referenced above.. <br /> D. Upon entry of this Rule and Order, the Petitioner shall deposit the sum of <br /> $370,032.00 into the Court's Registry (the "Deposit"), which includes interest through <br /> November 16, 2001. The Deposit together with the prior payment into the court registry of <br /> $293,539.00 made August 28, 2000, totals $663,571.00, and represents the total just <br /> compensation to be paid in this action. Additionally, Petitioner will pay directly to the <br /> Respondent-Landowner the sum of$2,237.00 for appraisal fees. Other than the above payments, <br /> Respondent-Landowners are not entitled to any further compensation or damages, including <br /> interest, court costs, expert witness fees, appraisal fees, damages, attorney fees, or litigation <br /> expenses. <br /> E. The status of remaining respondents is that <br /> 2 <br />