HomeMy WebLinkAbout948375D 'tea ~
JUN 2 2 2007
By
IN THE DISTRICT COURT OF THE THIRD JUDICIAL D
IN AND FOR THE COUNTY OF LINCOLN, STATE OF
TOWN OF STAR VALLEY RANCH,
a Wyoming municipality,
Plaintiff,
VS.
STAR VALLEY RANCH ASSOCIATION,
INC., a Wyoming nonprofit corporation,
Defendant.
s' Afo
C N I i COURT
OLN, WYO
o "z
('40:.689
Civil No. 2oo7-29-DC
RECEIVED 7/17/2009 at 3:56 PM
RECEIVING # 948375
BOOK: 727 PAGE: 689
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
ORDER CONDEMNING ROAD-WAYS
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 April 18, 2007, the Plaintiff initiated the above
captioned action by filing a Complaint for Condemnation of the real property
described in Exhibit A attached hereto and incorporated herein by reference, 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-ioi et
seq., and that each of the parcels of real property described in Exhibit A is being
taken by it for public purposes.
3. 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.
4. All of the real property described in Exhibit A is necessary for the public
use, namely,'"to declare the described roads within the boundaries of the Town of
Star Valley Ranch public for the benefit of the public, thus allowing the Plaintiff
D M ~mgwm
JINN 2 2 2007
B Y---------------------
to maintain and improve the roads, as well as enforce state and local law JUN 2 2 2007
regarding such roads. BY
5- On or about May 22, 2007, in an effort to settle the issues raised in
the Plaintiffs Complaint, the Parties entered into a Stipulated Agreement
attached hereto as Exhibit B and incorporated herein by reference.
THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED
that the Settlement Agreement entered into by the Parties on or about May 22,
2007, and all provisions contained in said Agreement, are hereby approved and
incorporated fan full in this Order. Consistent with said. Agreement, it is ordered
that all right, title and interest in the property described in Exhibit A, located
within the incorporated boundaries of the town of Star of Star Valley Ranch,
Wyoming be vested in the Plaintiff. Said right, title and interest shall be vested in
the Plaintiff subject to all easements of record. The transfer of said right, title
and interest shall in no way be interpreted to extinguish any easements held by
the Defendant, its members or Leisure Valley, Inc. 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 13`~day of 2007.
District udge
Ll~
PLEASE SEND NOTICES TO:
Joshua T. Smith
Bowers Law Firm, PC
P.O. Box 1550
Afton, Wyoming 83110
James K. Sanderson
Sanderson Law Office
P. 0. Box 159
Afton, WY 83110
SF ATE OF MOOING SS.
COUNTY OF LINCOLN'
I, Kenneth D. Roberts, Clerk of the Third
Judicial District. Court within and f resaid
county and in the 511;,.. of fore id, do
hereby certify th or ~d :cos to a full,
true, and com e !.e
SIGNED .
r/
04/03/2007 17:10. 307-13021-9329
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STAR VALLEY RANCH WY PAGE
All of the arreetf; in' the following listed
flat Recarda of Maicol,n County, Wyomit3g•s
Prater Canyon Estates Unit No. 4, recorded as
instrument No. 423838;
Star Valley Ranch Plat: 1, recorded am Instrument
No. 4245561
Star Valley Ranch Plat '2, recorded as luatru►nent
No. 424555;
Star Valley Ranch Plat 3, recorded as instrument
No. 428885;
star Valley Ranch plat 4, unrecorded as of the
date of thi.a Agreementl
star Valley Ranch Plat 5, recorded an Irso.trument
No. 4317091
Star Valley Ranah Flat 6, recorded no Instrument
no. 431710;
Star Valley Ranch flat 7, recorded ae- Instrument
No. 432400;
Star Valley Rauch Plat 8, recorded at; Instruioent
No. 4324661
Star Valley Ranch ]Plat 9, recorded as Instrument
No. 476272.1
Star Valley Ranch Plat 10, recorded an Ipstru-
ment No. 47627'31
Star 'Valley P.artch PlAt 11, unrecorded as of the
date of this A,greementl
star Valley Ranch Plat 12, recorded as Instru-
ment No. 496703;
Star Valley Rauch Plat-13, recorded ae Inatru
ment No. 4967041
Star Valley Rauoh Plat 14, recorded as Instru-
ment go. 4967051
Star Valle Rauch Plat 1.5, recorded as Inatru-
ment No. 514466.
star Valley Ranch Plat 16, recorded as lastru-
vient No. 5144671
Star Valley Rauch Plat 17, recorded as Instiru-
maut No. 523541;
Star Valley Rdnoh Plat 18, recorded as Instru-
ment No. 523$401
Star Valley Ranch Plat 19, vritnearded as of the
date of thia A,greemantl
Star Valley Rarcch Plat 21, recorded do 7.notru-
mant no. 5063321
Star Valley Renoh Plat 22, unrecorded as of the
date of thin Agraelment 1
Also,
Tha streets abutting the 20 pliained lots in the
Northtvdst quarter of the Northasr,st Quarter of
5action 30, Township 35 N, Range 11-8 W, 6th P.M.
22
E3
24
20
26
27
38
29
s
$0
t.
31,
s l
r
The foregoing strerata are hereby conveyed and acceptat
Abject to Che fo7.lowix►g additional covenauts, conrll.tion$, reatric-
.ons and raservatione which shall apply to and tha burden of which
call run with the - conveyed property and bind N{tOTUB and its
3~ 9114C8890YA altd O8SJ8GL8i
-2-
04/03/2007 17:18 307-883-8329
STAR VALLEY RANCH WY
PAGE 02/0;
cri tion: SVR - Silo Addition to Cedar Creek Drive
Des P
Pro perties, as referred to in the. Deedpage
recorded portion of the 222PRI on Page 702, in Book 206PRr
R, on ago4r and in BooBook 299PR, on
~acorded in Book
r in Book 413P1~ on P on page
702, the Affidavit recorded in le 317PR,
countyl
Page 398, and
all with the Of:~ice of theo~ 32ler, lc of T35N, Lincoln R118W, of the
270,
Wyomingf within HBS 67 of Secti g► being a 5trIP of land
6th p. M• , Lincoln County, Wyamin s and adjoining
varying in width to accommodate building nar more than
property lines, not less than 20 feet wide, norularly
6() feet wider the Centex
described as follows.: as shown
the End Point of C~d~um~~te~opr~23541' on Map
BEGINNING at with in
on the'' Plat 17 reeordQd ~ froz[t
No. 235, with said Office, ming 566.03 feet S59 49,2l,~
said Point of Beginning 6. Bureau of Sand
Department of the Inters of said 115S 67,
the gem 1966 location for Corner No. 4,
Management,
also, Beginning, being 872.35 feau afZLand27."W from
said Point of tkle j Department of the Interior Bur 5 of said ,EIES 67;
1,966 location for corner No. inning of a 60.00
Management.
thence N27°29'47"W 266.27 feet to the beginning
through
:feet Radius Curve to the Lefsaid Curve to the Left,
o ~ an arc length of 59.33 feet,
thence Northwesterly, along
a Central Angle ofa56h3ord3of'N55°44'35"W 56-95 feet;
said curve having 95.00
132.72 feet to the beginning of a
thence N87°27'1-4„W Curve to the X~eft, through
feet Radius Curve to the Left; Cu.. 61 feet,
~ ~ an arc length of 76. .
thenoa Southwesterly► along sa id
a Central Angle of 46 12 14 , 023129"W 74.55 feet;
65.00
said curve having a chord of S66 beginning
thence 840°17122"W 31.66 Feet to the through
feet Radius Curve to the Lefts along said curve to the Leftr feet,
thence 5outhwesterl30,47,00". an arc len9t o0 feet to the
a Central Angle of -53x52"W 34.r
curve having a chord of S7_7Curve to the Left from
beginning said of a 215.53 Poet Radius 138"E;
w Point along bears said 2 Curve to the Left, through
which the Radius
an arc length of 96.12 feet'
thence alangletOfx25°33'07", v1 le 95.32 feet;
a chord of 50 of a 100.00
said a central curve having angle
nnin9
the begi
thence 813°02'45"E 48.23 feet to
feet, Radius curve to the Right;
V . . I
04/03/2007 17:10 307-883-8329
STAR VALLEY RANCH WY
PAGE 03/03
thence Southwesterly, along said Curve to.the Right,
through a Centxa]. Angle e havi.ngea9chord of S39°51n52"Wvf
181.20 feet, said curve 157.41 feet;
thence N89°13'32"W to a
~.lattrEin the COr'dedEwitt~l ne
as
of Ridgecrest Drive,
Instrument No. 196704, on Map No. 210, with said Office.
EXHIBIT NO.
IN THE DISTRICT COURT, OF THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN STATE OF WYOMING
TOWN OF
a Wyoming municipality,
STAR VALLEY
INC., a Wyoming
)
STAR VALLEY RANCH,
VS. )
)
Plaintiffs,
)
)
RANCH ASSOCIATION,
nonprofit corporation, )
Defendants. )
Civil No. ~bo )-!>I'-
THIS AGREEMENT entered into this 'day of May, 2007 between the Town
of Star Valley Ranch, a Wyoming Municipal corporation, Plaintiffs, and the Star Valley
Ranch, Inc., a Wyoming Nonprofit corporation, Defendants, whereby the parties hereby
to agree and stipulate as follows:
1. Jurisdiction and Venue. The parties hereby agree that the Plaintiff and the
Defendant are entities incorporated in the State of Wyoming and that the property subject
to this suit for condemnation is located in Lincoln County, Wyoming. The parties further
stipulate and agree that 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.
2. Description of Property. The parties hereby agree and stipulate that the
Defendants are the record owners of the real property described in Exhibit A, attached
hereto and incorporated as part of this Stipulation.
3. Public Interest and Necessity. The parties hereby agree and stipulate that
the Plaintiffs' acquisition of the real property described in Exhibit A is in the interest of
the public and that the Plaintiffs use thereof is necessary and in accordance with the
requirements set forth in Wyoming Statute §1-26-504.
4. Plan and Location of Road-Ways. The Plaintiffs hereby stipulate and
represent that the property described in Exhibit A shall be used as public roads and rights
of way. The parties hereby stipulate that the use of the property described in Exhibit A is
most compatible with the greatest public good and affords the least injury to the private
interests of the Defendant.
5. Necessity for Road-Ways. The parties hereby agree and stipulate that the
property sought to be acquired in the Plaintiffs' Complaint for Eminent Domain is
necessary for the roads, streets and public access through the Plaintiffs' incorporated
boundaries.
6. Negotiation for Purchase Prior to Suit. The parties hereby stipulate and
agree that the Plaintiffs and the Defendants have made attempts to negotiate in good faith
for the purpose of determining the value of the real property, described in Exhibit A, and
have determined that the described property has value, at the present time, only as road
ways and access. The parties hereby agree and stipulate that whereas the property is only
useful as a roadway and that the Defendants, at the present time, do not have the financial
means to maintain said property so as to ensure the health, safety and welfare of the
Defendants' members who fall within the jurisdiction of the Plaintiffs, that it is in the best
interests of both parties and the public that the ownership, control and maintenance of
said property be relinquished to the Plaintiffs,
7. Compensation for Real Property. The parties hereby stipulate and agree
that during from the period of time commencing February 1, 2006 until the date of the
Plaintiffs' commencement of this action, that the Plaintiffs have. expended the amount of
Six Hundred Twenty-One Thousand Dollars ($621,000.00) in maintaining the property
described in Exhibit A. That said maintenance has been beneficial to the Defendants'
property and that in the event judgment for the Plaintiffs in said amount were to be
awarded the Defendants would have no means by which to compensate the Plaintiffs for
said maintenance. Wherefore, the parties hereby agree and stipulate that said amount
shall be deemed as compensation in kind to the Defendants.
WHEREFORE, the Plaintiffs and the Defendants hereby stipulate and agree as follows:
8. That all right, title and interest in the property described in Exhibit A,
located within the incorporated boundaries of the town of Star of Star Valley Ranch,
Wyoming be. vested in the Plaintiffs. Said right, title and interest shall be vested, in the
Plaintiffs subject to all easements of record. The transfer of said right, title and interest
shall in no way be interpreted to extinguish any easements held by the Defendants, its
members or Leisure Valley, Inc.
9. It is further agreed that 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 Defendants
shall not be liable for any claim of liability arising from the Plaintiffs' ownership and
control of said property.
10. It is further agreed that the Plaintiffs hereby agree to indemnify and hold
the Defendants harmless from any and all claims arising from the Plaintiffs ownership
and control of said property.
11. The Plaintiffs hereby agree to continue to allow the members of the
Defendants' corporation to operate golf carts upon said Property as long as said use does
not violate state and local laws.
12. Governing Law. The laws of the State of Wyoming shall govern the
validity, performance and enforcement of this Stipulation. The invalidity or
unenforceability of any provision hereof shall not affect or impair any other provision.
13. Grammatical Usage. In construing this Stipulation, feminine or neuter
pronouns shall be substituted for those masculine in form and vice versa, and plural terms
shall be substituted for singular and singular for plural in any place in which the context
so requires.
14. Additional Instruments to be Executed. The parties shall execute and
deliver any instruments in writing necessary to carry out any agreement, term, condition,
or assurance in this Stipulation whenever occasion shall arise and request for such
instruments shall be made.
15. Captions for Convenience. The captions of this Stipulation are for
convenience only, are not a part of the Stipulation, and do not in any way limit or amplify
the terms and provisions hereof.
16. Entire Agreement. This Stipulation contains all of the agreements and
representations between the parties.
17. Authority to Execute Stipulation. The parties hereby represent that each
has the authority from their respective boards or councils to enter into this Stipulation and
to bind their respective entities to the terms and conditions contained herein.
18. Successors and Assigns. This Stipulation shall be binding upon and inure
to the benefit of the Parties, including their successors and assigns.
19. Breach. In the event that any party shall breach any obligation hereunder,
the party in breach shall be liable to the other party for all reasonable expenses, including
attorneys' fees, incurred in the enforcement of the obligations created by this Stipulation.
20. Voluntary Agreement. Each party acknowledges that it has voluntarily
entered into this Agreement. Each of the parties has read, understands and approves the
same after receiving or having the opportunity to receive the advice of counsel.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date
first above written.
TOWN OF STAR VALLEY RANCH
STAR VALLEY RANCH
ASSOCIATION,;Ne ~
Chairman
SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Boyd Siddoway, who
appeared before me and was personally known to me, and was by whom duly sworn and upon
oath represented that he was the Mayor of The Town of Star Valley Ranch, that the instrument
was signed on behalf of The Town of Star Valley Ranch, by the authority of the board of
directors or trustees thereof, acknowledWd the instrument to be the free act and deed of The
Town of Star Valley Ranch, this -22 day of May, 2007.
WITNESS my hand and official seal.
W. A. MOFFETT, JR. - NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES JAN. 18, 2010
NOTARY PUBLIC
THE STATE OF WYOMING )
My Commission Expires:
THE STATE OF WYOMING )
SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Joseph W. Angelovic, who
appeared before me and was personally known to me, and was by whom duly sworn and upon
oath represented that lie was the Chairman of the Board of Directors of Star Valley Ranch
Association, Inc., that the instrument was signed on behalf of Star Valley Ranch Association, Inc,
by the authority of the board of directors or trustees thereof, acknowledged the instrument to be
the free act and deed of Star Valley Ranch Association, Inc, this Z1:5~L day of May, 2007.
WITNESS my hand and official seal.
SKVM L. BACKUS - NOTARY PUBLIC
County of State of
1Jncotn Wyoang
NOTARY PUBLIC
O nd: tElres 13, 2009
My Commission Expires: I3 r 24'x9