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THIS MATTER comes before the Court pursuant to representations of counsel, offer of <br />proof and four (4) written Stipulations for Possession submitted lu the Court by and between the <br />Petitioner the City of Golden ("Petitioner') and the following Respondents: {I) the Respondents <br />Sally A. Buckland, Phii Buckland and Glenda D1. Guanella ("Respondent-Landowners"l, (Z) the <br />Respondent Colorado Department of Transportation, (3) the Respondent Emrick & Hill, inc., and <br />(4) the Respondent Mountain Aggreeates, loc. The Court having reviewed the Stipulations and <br />the file and being fully advised in this matter hereby: <br />FINDS that possession of the property described in the Petition in Condemnation ("the <br />Property") is necessary for the project described; that there has been a failure of negotiations <br />between the parties with regard to the compensation sought to be paid for the Property; that any <br />disturbance of the possessory rights of the Respondents is necessary; the taking by the Petitioner is <br />fur a public use and in the public imerest; and that the sum of $1,S1xl,0Q:;.00 is sufficient for the <br />Petitioner to pay into the registry of this Court as a deposit for the benefit of the Respondents until <br />compensation is finally ascertained for the taking of the Property. <br />It is therefore, ORDERED, ADJUDGED, and DECREED that all tour written Stipulations <br />for Possession and the record made by Public Service Company are hereby approved and <br />incorporated herein by reference. Upon the deposit of the sum set forth above into the registry fund <br />of [his Court, and subject to any conditions set forth herein and the Stipulations for Possession, the <br />Petitioner and its contractors, agents, servants and employees shall have the right to take possession <br />of and use the Property for the purposes described in the Petition in Condemnation during the <br />pendency of and until the Onal conclusion of [his proceeding. These rights shall be valid aganst <br />each of the Respondents and its, his, her, or [heir successors, assigns, heirs, devisees, and personal <br />representatives, and all persons claiming any right, title or interest in and to said property, by, <br />through, or under said Respondents. <br />It is FURTIIER ORDERED [hat the deposit shall be accepted by the Clerk of the Disvict <br />Cauri and placed in an imerest-bc:tring account until further Order of the Court. <br />It is FURTHER ORDERED that upon proper application, the RespondenaLandowner may <br />h¢vc ¢ forthwith Order for 100 percent withdrawal of the funds deposited pursuant to the Stipulation <br />fur Possession between the Petitioner and the Respondent-Landowners and this Order. <br />DONE this - F=' day of ~~ ~ .~~ X003, <br />BY THE COURT: <br />a/ ~ Thomas Moorhead <br />Disuict Court Judge <br />