DISTRICT COURT, EAGLE COUNTY, COLORADO

Eagle County Justice Center

885 Chambers Avenue
P.O. Box 597
Eagle, Colorado 81631
970-328-6373

DATE FILED: September 28, 2016 4:00 PM

FILING ID: FCE72827ADEB3
CASE NUMBER: 2016CV30315

Petitioner:
THE TOWN OF GYPSUM, a Home Rule Municipality and a
Colorado Municipal Corporation,

COURT USE ONLY

v.
Respondents:
Case No:
CLEARWATER VENTURES, LLC; UNION PACIFIC
RAILROAD COMPANY; STATE OF COLORADO; ROCKY
Division:
MOUNTAIN NATURAL GAS LLC; WELLONS, INC.; EAGLE
VALLEY CLEAN ENERGY, LLC and MARI RENZELMAN, in
her official capacity as Treasurer of Eagle County.
Attorneys for Petitioner:
Donald M. Ostrander, No. 12458
Richard F. Rodriguez, No. 25105
Stephanie Ceccato (Special Counsel), No.46974
Hamre, Rodriguez, Ostrander & Dingess, P.C.
3600 S. Yosemite Street, Suite 500
Denver, Colorado 80237-1829
Phone Number:
303.779.0200
FAX Number:
303.779.3662
E-mail:
mail@hrodlaw.com
Robert G. Cole, No. 15943, Special Counsel
Town of Gypsum
Collins Cockrel & Cole
390 Union Boulevard, Suite 400
Denver, CO 80228
Phone Number:
303.986.1551
Email:
rcole@cccfirm.com
PETITION IN CONDEMNATION

Petitioner, the Town of Gypsum (Petitioner), by and through its attorneys, Hamre,
Rodriguez, Ostrander & Dingess, P.C., hereby files this Petition in Condemnation and states,
alleges and avers as follows:
STATEMENTS AND ALLEGATIONS
1.
This is an eminent domain proceeding brought pursuant to the procedures set
forth in Title 38, Article 1, Colorado Revised Statutes.
2.
Eminent domain proceedings are expedited proceedings by virtue of C.R.S. 381-119, and, therefore, the provisions of Colorado Rules of Civil Procedure 16 and 26 do not
apply.
3.
Petitioner is a home rule municipality of the State of Colorado organized and
existing under a home rule charter pursuant to the Colorado Constitution, Article XX.
4.
Petitioners authority to maintain this proceeding is set forth in Article XX of the
Colorado Constitution, Article I, Section 1.3 of the Gypsum Town Charter, and by C.R.S. 297-104, 31-25-301 et seq. and 38-1-101 et seq.
5.
On July 12, 2016, Petitioner adopted Resolution No. 2016-18, A Resolution
Authorizing the Engagement of Appraisers, Engineers, Attorneys or Other Professional
Consultants and Sending a Notice of Intent to Acquire Property along the Eagle River Owned by
Clearwater Ventures, LLC.
6.
On July 26, 2016, Petitioner adopted Ordinance No. 08, Series 2016, An
Ordinance Approving Acquisition or Condemnation of Certain Property, authorizing the
acquisition of certain property more fully described below.
7.
Petitioner has determined that there is a need and necessity for the public health,
safety and welfare to acquire fee simple title to the property described in Exhibit A and Exhibit
B (collectively, the Property) for the Projects described below.
8.
Petitioner has determined that the acquisition of the Property serves and is for and
in furtherance of the public purpose of protecting the Eagle River; preserving and
complementing the natural resources found throughout this corridor for future generations;
serving the communitys need for increased water storage, open space, wetlands preservation,
recreation, and wildlife habitat; and identifying an appropriate site for a new wastewater
treatment facility to accommodate new growth (the Projects), and that the Projects benefit the
public health, safety, or welfare of the Citys residents.
9.

The Property is located in the Town of Gypsum, Eagle County, Colorado.

10.
Petitioner has an immediate need for the Property and requires immediate
possession of the Property to proceed with the Projects, as that phrase is used in the Colorado
eminent domain statutes and case law.
11.
The Property shall be exempt from taxation the date that Petitioner is granted
immediate possession thereof so long as it is used for public purposes.
12.
Upon information and belief, based upon a review of title work, Petitioner
believes that some or all of the Property is owned by Clearwater Ventures, LLC (RespondentLandowner).
13.
Also, on information and belief after review of the title work, the following may
have a record interest in the Property and are named as Respondents in this matter per C.R.S.
38-1-102(1):
a. Union Pacific Railroad Company may have an interest in the Property
pursuant to a document recorded with the Eagle County Clerk and Recorder
on March 16, 1887 in Book 5, Page 183 (Quit Claim Deed).
b. The State of Colorado may have an interest in the Property pursuant to a
document recorded with the Eagle County Clerk and Recorder on January 22,
1935 in Book 116, Page 312 (Right of Way Deed).
c. Rocky Mountain Natural Gas LLC may have an interest in the Property
pursuant to a document recorded with the Eagle County Clerk and Recorder
on July 20, 1990 in Book 534, Page 37 (Right-of-Way and Easement).
d. Wellons, Inc. may have an interest in the Property pursuant to documents
recorded with the Eagle County Clerk and Recorder on October 20, 2014 at
Reception No. 201417905 (Lien Statement), on December 16, 2014 at
Reception No. 201421615 (Amended Lien), and on June 18, 2015 at
Reception No. 201511079 (Commencement of Lien Enforcement Action).
e. Eagle Valley Clean Energy, LLC may have an interest in the Property
pursuant to documents recorded with the Eagle County Clerk and Recorder on
October 30, 2012 at Reception No. 201221860 (Annexation Agreement and
Vested Rights Development Agreement), on October 30, 2012 at Reception
No. 201221861 (Partial Assignment of Annexation Agreement and Vested
Rights Development Agreement), on April 11, 2013 at Reception No.
201307320 (Short Form Commercial Private Road Crossing Agreement), on
May 8, 2013 at Reception No. 201309170 (Short Form of Lease Agreement
and Grant of Perpetual Easements), on August 30, 2013 at Reception No.
201317783 (First Amendment to Raw Water Service Agreement), and on
January 12, 2015 at Reception No. 201500749 (Access Easement).

f. Mari Renzelman, in her capacity as the Treasurer of Eagle County, where the
Property is located, is joined as a Respondent herein pursuant to C.R.S. 393-134.
14.
Upon information and belief, Petitioner believes this action does not affect the
property of any persons under a guardianship or conservatorship.
15.
Upon information and belief, Petitioner believes there are no persons or entities
interested in the Property, as owners or otherwise, who have not been named as Respondents
herein.
16.
Petitioner has negotiated in good faith with the Respondent-Landowner in an
attempt to acquire the Property but has been unable to acquire the Property through negotiation.
REQUEST FOR RELIEF
WHEREFORE, Petitioner requests as follows:
A.
The just compensation to be paid Respondents be determined in the manner
provided by law.
B.
The Court enter an Order authorizing Petitioner and its employees, contractors,
agents and all others acting for or on behalf of Petitioner or with its permission to enter on, take
and retain possession and use of the Property for the Projects as it deems necessary during the
pendency of this proceeding without interference from the Respondents, their successors,
assigns, representatives, guests, invitees, or any other persons claiming any right, title, or interest
in the Property by, through or under said Respondents.
C.
The Court determine the proper deposit to be made by Petitioner into the Court
Registry for acquiring immediate possession of the Property.
D.
If the ownerships or interest in the Property are not correctly set forth, then the
Respondents be required to set forth by answer the extent of his, her, its, or their respective
interests and the names and addresses of any other interested persons and the nature and extent of
these interests.
E.
The Court issue judgment condemning the Property in favor of Petitioner upon
payment of just compensation to the Respondents and any other parties in interest as provided by
law.
E.
The Court sign a Rule and Order conveying fee simple title to the Property to
Petitioner with the exception noted on the attached exhibits.

F.
The Court order that the Property being condemned be exempt from taxation so
long as it is used for or in furtherance of a public use.
G.

The Court award such other and further relief it deems just and proper.

Respectfully submitted this 28th

day of September, 2016.

HAMRE, RODRIGUEZ, OSTRANDER & DINGESS, P.C.

/S/ DONALD M. OSTRANDERS DULY SIGNED PHYSICAL COPY OF
THIS DOCUMENT IS ON FILE AT THE OFFICE OF HAMRE,
RODRIGUEZ, OSTRANDER & DINGESS, P.C. PURSUANT TO CRCP
RULE 121, SECTION 1-26(9)
By:
Donald M. Ostrander, No. 12458
Richard F. Rodriguez, No. 25105
Stephanie Ceccato (Special Counsel), No.46974
COLLINS COCKREL & COLE
Robert G. Cole, No. 15943, Special Counsel
Town of Gypsum
ATTORNEYS FOR PETITIONER

Petitioners Address:
50 Lundgren Blvd.
PO Box 130
Gypsum, Colorado 81637

DATE FILED: September 28, 2016 4:00 PM

FILING ID: FCE72827ADEB3
CASE NUMBER: 2016CV30315

DATE FILED: September 28, 2016 4:00 PM

FILING ID: FCE72827ADEB3
CASE NUMBER: 2016CV30315