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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 />("AeStioner"); and the Respondent Henderson Development' Company ("Respondent- <br />Landowner") by and tluough their counsel of record. <br />The C4nrt, having read We Stipulation and Joint Morton For Entry of Rule and Order and <br />being fullyadvised in the.premises hereby finds: <br />A. The FeHtoner has filed a Petition ih 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-1"83B, TK-1$4, TK-i85, <br />TIK-18fi, TK-I87, TK-t87A and TK-187B (hereafter referred to as the "Property"). The <br />Properly does not include any water rights or rights to use water, either decreed or undeoreed, <br />pemutted or unperuiitted, tributary, non-tributary or net non fribntary, designated or undesiggated <br />'that is owned or claimed by Respondents or in any way associated with ahe Property that .is the <br />subject.of this action ("Water Rigbts'7. The Petitioner disclaims any interest in any water rights or <br />rights to use waterowned by the Respondents or in any uses of water associated with the.Aropeity. <br />Norietheless, Fetitionei's disclaimer of water rights and rights to use water shall nat be construed as <br />permission by the Respondents or any others fo 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 Auhlic'Highway. <br />B. The Petitioner is acquiring the Property for the construction of a'pn6lib highway <br />as thaYterin 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 />Tlie Petitioner has negotiated in good faith with Respondent-Landowner for the acgdisition of <br />flie Pmperty. <br />C. Petitioner .agrees to reimburse Respondent-Landawner for appraisal fees in Elie <br />amount of $2,237.90; 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 />$628,484.06, exclusive of the separate payment to be,nrade for appraisal fees referenced above.. <br />J). Upon entry. of this Rule and Order, the Petitioner shall deposit ,the sum of <br />$370;032.00 into the Court's Registry (the "Deposit"-), which includes interest through. <br />lNgvember 16, 2001. The Deposit tggether with the pridr payment'into the court registry cf <br />$,243;S39tt10 made August 28; 2000, totals $669,571:00, and represents the total just <br />eompensatian to lie paid in this action. Additionally, Petitioner will pay directly to the <br />12espondeut=Landoumer'the sum of $2;239.00 for appraisal fees. Otlierthan.the atiotre payments,. <br />Respondent-Landowners are not entitled to any further compensation or damages, iricludirig <br />interest;, court costs, expert witness fees, appraisal fees, damages; attorney fees, or litigation <br />exp"eases: <br />E: The~status of remaining respondents is-that <br />