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JUN-15-2004 08 54
<br />DUNCRN,OSTRRNDER8DINGESS
<br />303 779 3662 P.06i53
<br />The City of Golden, a Colorado Home Rule Municipal Corporation, by and through its
<br />^ attorneys alleges as follows:
<br />A~GATIONS
<br />1. The City of Golden, a Colorado Home Rule Municipal Corporation (hereiuafber
<br />the "Petitioner"), exists and operates pursuam to Article XX of the Constitution of the State of
<br />Colorado and the City of Golden Home Rule Charter.
<br />2. The Petitioner is vested with the power to condemn land for public purposes by the
<br />right of eminent dantaht and derives its authority from Article XX of the Constitution of the State
<br />of Colorado, from Section 15.2 of its Home Rule Charter and ordinance passed sari adopted by
<br />its City Council.
<br />3. This proceeding is brought pursuant to the provisions of C.R.S. $ 38-1-101, a
<br />r-.
<br />~., as amended.
<br />4. The Petitioner has determined pursuant to Resolution No.1390 duly passed by its
<br />City Council, that these is a public need and necessity to obtain immediate possession of and to
<br />acquire the property described in E=hiblts A and B (`4}te Property's along with water rights
<br />appurtenant thereto as more fully described herein. T1ro Property will be used for the construction
<br />of a water storage reservoir and related facilities (the'Project'~. The Property is being acquired
<br />for a publio purpose and use.
<br />5. The Petitioner needs to acquire is fa simple the Reservoir Site identified as Parcel
<br /># 1, containing 3,762,891 square feet or 86.384 acros, more or less, the Irdet Site identified as
<br />Parcel # 3 coataittittg 261,714 square feet or 6.008 acres, more or less, the Outlet Works Site
<br />identified as Pazcel # 6 containing 94,194 square feet or 2.162 acres, more or less, Monitoring
<br />Well No. 1 identlfied as Parcel # 7A containing 10,000 square feet or 0.230 acres, more or less,
<br />Monitoring Weil No. 2 identified as Parcel # 7B containing 10,000 square feet or 0.230 accts,
<br />more or less, Monitoring Well No. 3 identified as Parcel # 7C containing 10,000 square feet or
<br />0.230 acres, more or Ices, and Monitoring Well No. 4 identified as Parcel # 7D containing
<br />10,000 square feet or 0.230 acres, more or less, all as described is P.SrWbit A, attached hereto
<br />and incorporated herein by reference.
<br />6. The Petitioner needs to acquire as perpetual, nonexclusive, permanent easements
<br />the Easementt idemifled as Parcel # 2, containing 242,530 square feet or 5.568 acres, more or
<br />less, the South Abutment Slurry Wall Basement identified as Parcel # 4 containing 121,427 square
<br />feet or 2.787 acres, more or less, the Northern Slurry Wall Easement identified as Parcel # 5
<br />containing 94,199 square feet or 2.162 acres, more or less, the Outlet Works Site Easement
<br />identified as Pazcel # 6A containing 43, 173 square faK or 0.991 acres, snore or less, a
<br />Monitoring Wells Access Easement identified as Pazcel # 7E containing 14,828 square feet or
<br />0.340 acres, a Monitoring Wells Access Easemem identified as Parcel # 7F containing 19,274
<br />square feet or 0.442 acres, more or less, and a Monitoring Wells Access Easement identified as
<br />~ Parcel # 7G containing 12,217 square feet or 0.280 acres, all as described in Exhibit B, attached
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