HomeMy WebLinkAbout95399006/02/2a1a 13:04 3078851002
BOVERS LAW FIRM
FILED
BY (bra?
JUN -7 2010
KENNETH D. ROBERTS
CLF.PK OF D!` T, RIC i COURT
3rd JUD (.AL 1: I: TRiC r
LINCOLN COUNTY, STATE OF WYOMING
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. Civil No. aoi -6a R -b
STAR VALLEY RANCH ASSOCIATION,
INC., a Wyoming nonprofit corporation,
Defendant.
000184
ORDER CONDEMNING REAL PROPERTY
THIS MATTER having come before this Court by way of the Plaintiff's 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 1, 2010, the Plaintiff initiated the above captioned
action by filing a Complaint for Condemnation of the real property described as:
A1.68 acre parcel, known as Lot 15, Star Valley Ranch Plat 11; to which the Defendant
filed. an Answer.
2. Plaintiff is a body corporate and politic of the State of Wyoming,
RECEIVED 6/16/2010 at 9:56 AM
RECEIVING 953990
BOOK: 749 PAGE: 184
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Received Jun -02 -10 11:11am From 8078861002
rAGE 07
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Attorney Fie:viewin
aiiter d 'tens 6mdle' e IR.itIera by
To- Lincoln County Clerk Page 007
86/02/2818 13:04 3078851082
Received Jun -02 -10 11:11am From- 8018851002
BOWERS LAW FIRM
To— Lincoln County Clerk Page 008
PAGE 08
185
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, May 27, 2010, the parties entered into 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,
for storage of culinary and fire suppression water for the Town of Star Valley Ranch
Citizens.
THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the
Stipulation to Judgment Condemning Real Property entered into by the Parties on or
about May 27, 2010, 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
86/02/201a 13:04 3078851002
District Court Judge
Approved as to form:
Spen M"`"'Allred
Attorney for Plaintiff.
Marvin i er
Received Jun -02 -10 11:11am From 3078851002
BOWERS LAW FIRM
Defendant shall not be liable for any claim of liability arising from the Plaintiffs
ownership and control of said property.
DATED this 7 day of J_ 2010.
sores San n
rney for Defendant
county "a r F:
hereby c�c:r
rue, and
ED
To- Lincoln County Clerk Page 008
rAGE 09
S S.
Third
i d
9i, do
to be a full,
James K. Sanderson
Sanderson Law Office
P.O. Box 159
Afton, WY 83110
Spencer L. Allred
Bowers Law Firm
P.O. Box 1550
Afton, WY 83110
Certificate of Service
By: (10'
Beputy(C�rk of J ourt
I, Emily Dyson, Deputy Clerk of Court, Lincoln County, Wyoming, herby
certify that I served true correct copies of the foregoing document by First Class
U.S. Mail and e-mail on the loth day of June 2010, to the following:
Spencer L Allred.
Wyo. Bar No. 7 -4601
Bowers Law Firm, PC
P.O. Box 1550
Afton, WY 83110
(307) 885 -1000
Attorney for the Plaintiff
KEW -4E71 0. POPFRTS
CLEF+ OF 09 TR;C:T r ;OURT
3rd JUDICIAL DISTRICT
LINCOLN COUNTY, STATE OF WYOMING
Date Rem .w
A
2F44
6 2 4 7 140
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.
(:)0011,88
Civil No. CViD)V _16-bc
STIPULATION TO JUDGMENT CONDEMNING REAL PROPERTY
THIS AGREEMENT entered into this, day of May, 2010 between the Town of
Star Valley Ranch, a Wyoming municipal corporation, Plaintiff, and the Star Valley
Ranch, Inc., a Wyoming nonprofit corporation, Defendant, 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
Defendant is the record owners of the real property described as:
A1.68 acre parcel, known as Lot 15, Star Valley Ranch Plat 11.
3. Public Interest and Necessity. The parties hereby agree and stipulate that
the Plaintiffs acquisition of the real property described above 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 -5o4.
Page 1 of 4
Town of Star Valley Ranch v. Star Valley Ranch Association, Inc.
Stipulation to Judgment Condemning Real Property
(Ak 1V(A (MU
Page 2 of 4
Town of Star Valley Ranch v. Star Valley Ranch Association, Inc.
Stipulation to Judgm demising Real Property
'189
4. The Plaintiff hereby stipulates and represents that the property described
above shall be used by the Plaintiff for the benefit of the public. At present, the Plaintiff
intends to use the property for storage of culinary and fire suppression water to enhance
the reliability and efficiency of the Town water system. The parties hereby stipulate that
the use of the property described above is most compatible with the greatest public good
and affords the least injury to the private interests of the Defendant.
5. Necessity. The parties hereby agree and stipulate that the property sought
to be acquired in the Plaintiffs Complaint for Eminent Domain is necessary for the
storage of culinary and fire suppression water to enhance the reliability and efficiency of
the Town water system.
6. Negotiation for Purchase Prior to Suit. The parties hereby stipulate and
agree that the Plaintiff and the Defendant have made attempts to negotiate in good faith
for the purpose of determining the value of the real property described above and the
Plaintiff has attempted to purchase the property from Defendant. Defendant has acted
in good faith, however due to restrictions in the covenants, conditions and restrictions
governing the Defendant, Defendant is unable to sell the property to the Plaintiff
without two thirds approval of its members, which it has been unable to obtain.
7. Compensation for Real Property. The parties hereby stipulate and agree
that the parties had previously agreed on a fair market value purchase price of
$42o,000.00. The parties agree that the Plaintiff shall compensate the Defendant a
total of $420,000.00 for the above described property.
The parties agree that the $420,000.00 shall be paid as follows:
a. $420,000.00 shall be paid in full to the Star Valley Ranch Association,
Inc. by June 30th, 2010.
8. The Plaintiff and the Defendant hereby stipulate and agree that all right,
title and interest in the property described in paragraph 2, located within the
incorporated boundaries of the town of Star Valley Ranch, Wyoming be vested in the
Plaintiff.
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
Defendant shall not be liable for any claim of liability arising from the Plaintiffs
ownership and control of said property. Furthermore, the parties agree that Defendant
hereby makes no warranties or guarantees as to the environmental condition of the
property. The Plaintiff agrees to take the property "as is" with no guarantees or
warranties regarding any existing or discovered environmental hazards.
10. 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.
11. 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.
12. 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.
13. 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.
14. Entire Agreement. This Stipulation contains all of the agreements and
representations between the parties.
15. 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.
16. Successors and Assigns. This Stipulation shall be binding upon and inure
to the benefit of the parties, including their successors and assigns.
17. 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.
Page 3 of 4
Town of Star Valley Ranch v. Star Valley Ranch Association, Inc.
Stipulation to Judgment Condemning Real Property
(30 1.91
18. 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,
INC.
By: Boyd Siddoway, Mayor B C «.r-x Chairman
THE STATE OF WYOMING
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, acknowledged the instrument to be the free
act and deed of the Town of Star Valley Ranch, this day of May, 2010.
My Commission Expires:
THE STATE OF WYOMING
SS.
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by OaeRS 677 a# h/ /am.
who appeared before me and was personally known to me, and was by whom duly sworn
and upon oath represented that he 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 .&2 day of May, 2010.
My Commission Expires September 18, 2013
My Commission Expires:
SS.
WITNESS my hand and official seal.
NOTARY PUBLIC
WITNESS my hand and official seal.
Acta
NOTARY PUBLIC
l W3
Page 4 of 4
Town of Star Valley Ranch v. Star Valley Ranch Association, Inc.
Stipulation to Judgrr �demning Real Property
18. 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,
INC.
yd Siddoway, Mayor
THE STATE OF WYOMING
COUNTY OF LINCOLN
SS.
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, acknowledged the instrument to be the free
act and deed of the Town of Star Valley Ranch, this p 7/ of May, 2010.
WITNESS my hand and official seal.
y Commission xpires:
THE STATE OF WYOMING
COUNTY OF LINCOLN
.SS.
By: Chairman
NOTARY PUBLIC
a 41
The foregoing instrument was acknowledged before me by
who appeared before me and was personally known to me, and was by whom duly sworn
and upon oath represented that he 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 day of May, 2010.
WITNESS my hand and official seal.
My Commission Expires:
NOTARY PUBLIC
Page 4 of 4
Town of Star Valley Ranch v. Star Valley Ranch Association, Inc.
Stipulation to Judgment Condemning Real Property