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' #0166°922 01/07/ 0$:28 AM REAL ESTATE RECD ~$ ~ ~ D <br />F2178 CHARLOTTE HOUSTON BOULDEP, CNTY CO RECORDER ~ ~~ <br />bISTRICT COURT, BOULDER COUNTY, COLORADO <br />CASE NO. 96 CV [~ ~ ~ DIVISION <br />RULE AND ORDER ~ l(c <br />POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, ING:, 'a'^'Colorado <br />corporation, ' ~ ~ ~_..*r ~~~'`_:? <br />Petitioner, _ ~'t~~i~t~'GZe~I~~ ~3-,h~ ., <br />.' <br />SOUTHDOWN, INC., a Louisiana corporation, and!~r~~ ~~ ~~~ <br />SANDY HUMS, as Treasurer of Boulder, County, BY - ;;~w <br />Respondents . '', ~p>''~'=::"'.f.O-_._-- -: <br />., _z. <br />The matter comes before the Court upon stipulation of the <br />Petitioner ("Poudre Valley"), and the Respondent, Southdown, Inc., <br />fee owner of the subject property ("Southdown"), individually and <br />by its attorney, and based upon .such Stipulation and the default of <br />the remaining respondents after proper service- by admission of <br />service or personal deliver, the Court enters the following Rule <br />and Order: <br />1. Poudre Valley and Southdown have entered into a <br />"Stipulation" regarding this matter, and the Stipulation provides <br />for the compensation to be paid for the taking and any and all <br />damages arising out of the taking and damages to he remainder of <br />the property involved in this action. <br />2. Poudre Valley is immediately hereby granted and conveyed <br />fee simple title to the property described cn Ex.`iibit "A", attached <br />hereto and by this reference made a part hereof. Poudre Valley <br />shall have a nonexclusive easement for access between said property <br />and the public road described on Exhibit "B", attached hereto and <br />by this reference made apart hereof. SDI shall provide convenient <br />access to the southwest corner of the property described in Exhibit <br />"A" over the recently vacated County Road (said portion being about <br />30 feet wide) along the west line of the southeast quarter of the <br />soutiieast quarter cf Sactioa 16, T~,:nship 3 North, Range 70 West of <br />6 P.M., County of Boulder, State of Colorado, to and from the newly <br />configured County Road.47 as described on Exhibit "B", at the Point <br />of Access No. 5 near Point F as set forth on said Exhibit "B". <br />Expenses for maintenance, repair, and replacement of said access <br />road shall be shared by the parties as they hereafter agree. <br />3. The provisions hereof shall inure to the benefit of and <br />