Laserfiche WebLink
The Petitioner the Ci[y of Bolden ("Petitioner'] and the Responder?s Sally A. Buckland, <br />Phil Auckland and Glenda M. Guanella ('`Respondent-Landowners 7, by and through their <br />respective counsel, hereby stipulate and agree to the Pe[itit?ner's immediate possession of the <br />property described in the Petition in Condemnation uptm the following teens and conditions. <br />A. Conditions Precedznt. The panics stipulate that the progeny described in the <br />Petition in Condemnation ("the Properly°) is necessary Yor the construction of a water storage <br />reservoir and related facilities ("the ProjecC'), that the Petitioner has the statutory authority to <br />condemn the Property, that there has been a failure of good taith negotiations between the <br />Petitioner and the Respondent-Landowners with regard to ttx just compensation sought to be paid <br />for the Property and the temts of the acquisition of Respondent-Landowners` interest, that any <br />disturbance of the possessory rights of the Respondent-Landowners is necessary, that there is an <br />immediate need for possession of the Propcnv by the Pcti:ioncr, and [fiat the taking by the Petitioner <br />is for a public use and in [he puhlic interest. <br />B. Order for Possession. The Parties agree that the Petitioner shall be entitled to an <br />Order for Possession as attached hereto in accordance with this Stipulation. Ligon the entry of the <br />Order for Possession, [he Petitioner shall have the undisputed right to possession of the property <br />descrihed in the Petition in Condemnation ("the Properly"). <br />C De sit. The Petitioner will deposit the sum of $I,~00,000.00 ("the Deposit") into <br />the Registry of the Clear Creek County District Courl within 10 d¢ys of the entry of an Order for <br />Immediate Possession by the Coun. The Petitioner and Respondent-Landowners agree upon <br />placement of the Deposit by the Clerk of the Court into an interest bearing account. This Deposit <br />represents the Petitioners offer for the acquisition of the interests in the Property as described in the <br />Petition in Condemnation. Any amended petition that increases the propem• taken will require an <br />additional deposit try the Pctitiouet. <br />D. Possession and Usc. Petitioner and its contractors, agents, servants and employees <br />shall have possession of the Propcny on the date of the Deposit, and the Petitioner may use and <br />enjoy the Properly against the Respondent-Landowners and their successors, assigns and personal <br />rcprescntatives and all persons claiming any right, title or interest in or to the Property by, through <br />or under the kespondent-Landowners. <br />E. Date of Value and lust Compensation. The date of valuz shall be the date upon <br />which the Petitioner makes the Deposit. Petitioner shall timely notify Respondent-Landowners in <br />writing of the date of the Deposit. <br />F. Withdrawal of Funds. Rtrsuant to the provisions of C.K.S. § 3g-I-105, the <br />Petitioner does not object to the Respondent-Landowners withdrawing firm the Registry of this <br />Court one-hundred percent (100°/") of any funds deposited by the Petitioner and any interest accrued <br />thereon upon proper application to the Coun and notice to all panics. <br />2 <br />