HomeMy WebLinkAbout948374AJFVJIj Td •iAiJ - - i-' i~-+.
FILED
BYE'
MAY 1 8 2009
RECEIVED 7/17/2009 at 3:50 PM
RECEIVING # 948374
BOOK: 727 PAGE: 686
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
KENNETH D. ROBERTS
CLERK OF DISTRICT COURT
3rd JUDICIAL DISTRICT
LINCOLN COUNTY, STATE OF WYOMING
(P0~)66
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
TOWN OF STAR VALLEY RANCH, )
a Wyoming municipality, )
Plaintiff, )
vs. )
STAR VALLEY RANCH ASSOCIATION, )
INC., a Wyoming nonprofit corporation, )
Defendant. )
Civil No. 2oog-47-DC
ORDER CONDEMNING REAL PROPERTY
THIS MATTER having come before this Court by way of the Plaintiffs Complaint
for Condemnation of the real property hereinafter described; the Court having reviewed
the file and other material on file, now finds;
1. On or about March 5, 2009, the Plaintiff initiated the above captioned
action by filing a Complaint for Condemnation of the real property described as:
A 1.75 acre-parcel located immediately northeast of the intersection
of Vista Drive and Vista West Drive (known as SVRA Maintenance
Building and Yard) further described as:
BEGINNING at the Southwest corner of Lot 1, STAR VALLEY RANCH
Plat lo, in the Northwest Quarter (NW 1/4) of Section 31, Township 35
North, Range 118 West, 6th principal meridian; thence North 89°54'44"
West 166.65 feet; thence left along a 587.219 foot radius curve, 1o8.97
feet to a point on a 493.586 foot radius curve whose center bears South
77°02'27" West; thence Northwesterly along the arc of said curve 165.69
feet to the Southeast line of Lot 56; thence North 58°00' East 308.50
feet; thence South 40°00' East 226.72 feet; thence South 68°00' West ,.G,
80.0o feet; thence South 103.10 feet to the point of BEGINNING.
ALSO:
A 0.79 acre parcel, know as Lot 56, Star Valley Ranch Plat 10, located immediately
northwest of the above mentioned 1.75 acre parcel
to which the Defendant filed an Answer.
2. Plaintiff is a body corporate and politic of the State of Wyoming,
organized for the purpose of exercising public and essential governmental functions,
including the power of eminent domain, pursuant to W.S. 1-26-101 et seq., and that each
of the parcels of real property described above is being taken by it for public purposes.
3. On or about, April 17, 2009, the parties entered a stipulated agreement to
resolve this matter. Said stipulation is attached hereto as Exhibit A and incorporated
herein by reference.
4. Pursuant to W.S. 1-26-504, the Court finds that:
A. The public interest and necessity require the project or the use of eminent
domain is authorized by the Wyoming Constitution;
B. The project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury; and
C. The property sought to be acquired is necessary for the project.
5. All of the real property described above is necessary for the public use, namely,
to allow the Plaintiff to construct a Town Hall on the property and use the property for
storage of Town equipment, including snow removal, road maintenance, and water
utility equipment.
000688
THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the
Stipulation to Judgment Condemning Real Property entered into by the Parties on or
about April 17, 20o9, and all provisions contained in said Stipulation, are hereby
approved and incorporated in full in this Order. Consistent with said Stipulation, it is
ordered that all right, title and interest in the property described in paragraph 1 above,
located within the incorporated boundaries of the town of Star of Star Valley Ranch,
Wyoming be vested in the Plaintiff. The Defendant shall have no right, title, interest,
claim or demand in the described real property. The Defendant is hereby forever barred
from asserting any right, title, interest, claim or demand in said property. The
Defendant shall not be liable for any claim of liability arising from the Plaintiffs
ownership and control of said property.
DATED this day of , 2009. - M. 1A District Court Judge
STATE OF WYOMING SS.
COUNTY OF LINCOLN
1 Kenneth D. Roberts, Clerk of the Third
Judicial District oar wi _ i d forweid
county and in the S,,te of foresaid, do
hereby certify zlae f qc,, oing, to be a full,
true, and cornIetU "--'1z-!11.
SIGNED .
~1
for Defendant
Approved as to form: