Opinion
Civil No. 2:05cv36(BSJ).
February 11, 2005
W. CULLEN BATTLE (A0246), JOAN M. ANDREWS (A7803), FABIAN CLENDENIN, a Professional Corporation, Salt Lake City, Utah, Attorneys for Plaintiff Metropolitan Water District of Salt Lake Sandy.
ORDER OF IMMEDIATE OCCUPANCY
Based on the Plaintiff's motion and the stipulation parties, the Court having determined that Plaintiff Metropolitan Water District of Salt Lake Sandy ("Plaintiff") has the right of eminent domain, and that the purpose for which the premises are sought in the Complaint is a public purpose, and that immediate occupancy of said premises is necessary and proper, and good cause appearing,
It is hereby ORDERED that Plaintiff is permitted and authorized to occupy the premises which are sought in the Complaint and described in Exhibit "A" hereto (the "Property"), for the purposes described in the Complaint, and Plaintiff is hereby permitted to take immediate possession of the Property as required and described in the Complaint and continue the possession of the same pursuant to Utah Code § 78-349 pending further hearing and trial on the issue of the amount of just compensation to be awarded, subject to the following conditions:
1. Plaintiff shall deposit with the clerk of the court the sum of $147,000, representing Plaintiff's appraised valuation of the Property sought to be condemned, and such amount shall be held as security for any award of just compensation in this action.
2. All claims regarding the amount of just compensation to be paid are preserved for later determination.
3. Defendants are granted an extension of time until March 1, 2005 to answer or otherwise respond to the Complaint.
4. Pursuant to the stipulation of the parties, any effort to remand the case to state court is intended to have no effect upon Plaintiffs' ability to occupy the Property subject to the terms of this Order.
APPENDIX A SANDY WADE PROPERTY
A parcel of land in fee, located in the NE 1/4 NE 1/4 of Section 21, and the NW 1/4 NW 1/4 of Section 22, Township 3 South, Range 1 East, S.L.B.M., Salt Lake County, Utah, more particularly described as follows:
Beginning at a point in the northerly boundary line of said parcel of land, which point is 243.12 feet N 89°51'21" West along the Section line and 207.70 feet S 0°08'34" West and 134.80 feet S 2°10'00" East and 670.41 feet East from the Northeast corner of said Section 21; and running thence East 113.29 feet along said northerly boundary line; thence S 8°39'08" East 271.29 feet; thence S 7°30'24" East 75.66 feet, more or less, to the southerly boundary line of said parcel of land; thence West 111.76 feet; thence N 8°39'08" West 347.18 feet to the point of beginning, containing 38826 sq. feet or 0.89 acres.
(Note: Rotate all bearings in the above description 0°04'00" clockwise to equal Project bearings.)