HomeMy WebLinkAbout20061615.tiff DISTRICT COURT, WELD COUNTY, COLORADO
P.O. Box 2038
901 9m Avenue
Greeley, CO 80632
970-351-7300
Plaintiff: JAMES BOYD
v.
Defendants: JOHN R. BOATMAN; BOARD OF COUNTY COURT USE ONLY
COMMISSIONERS of WELD COUNTY T T
Attorneys for Plaintiff
Robert S. Irving, #021697 Case Number:
Michael T. Krueger, #35172
The R.S. Irving Law Firm, LLC
3531 Lancaster Drive Division Ctrm:
Fort Collins, CO 80525
Phone Number 970.223.3373 E-mail: rsilfecomcast.net
FAX Number: 970.204.1233
SUMMONS
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE NAMED DEFENDANT BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY;
You are hereby summoned and required to file with the clerk of this court an answer or
other response to the attached complaint. If service of the summons and complaint was made
upon you within the State of Colorado, you are required to file your answer or other response
within 20 days after such service upon you. If service of the summons and complaint was made
upon you outside of the State of Colorado, you are required to file your answer or other
response within 30 days after such service upon you.
If you fail to file your answer or other response to the complaint in writing within the
applicable time period, judgment by default may be entered against you by the court for the
relief demanded in the complaint without further notice.
The following documents are served with this Summons: COMPLAINT.
Dated this 7'h day of June, 2006.
THE R.S. IRVING LAW FIRM, LLC
Bert S. I ing, 1697
ichael T. Krue er, # 35172
Attorneys for Plaintiff
• �yy� 2006-1615
District Court, Weld County, Colorado
P.O. Box 2038
901 9th Avenue
Greeley, CO 80632
970-351-7300
Plaintiff: JAMES BOYD
v.
Defendants:JOHN R. BOATMAN; BOARD OF COUNTY * COURT USE ONLY
COMMISSIONERS of WELD COUNTY
Attorney for Plaintiff
Robert S. Irving
THE R.S. IRVING LAW FIRM, LLC
3531 Lancaster Drive Case Number:
Fort Collins, CO 80525
Phone Number: 970.223.3373 FAX Number: Div.: Ctrm:
970.204.1233
E-mail: rsilf ancomcast.net Atty. Reg. #: 21697
COMPLAINT FOR DECLARATORY RELIEF AND TO PARTITION REAL
PROPERTY
COMES NOW the Plaintiff, James Boyd, by and through his attorneys, The R.S. Irving
Law Firm, LLC and files this Complaint and states the following in support:
GENERAL ALLEGATIONS
1. James Boyd and Defendant John Boatman own two properties in Weld County,
Colorado as tenants in common. Copies of the deeds conveying the properties to the
parties are attached as Exhibit 1 (Parcel 'A') and Exhibit 2 (Parcel 'B') and provide the
legal descriptions. The parties interest includes 19 Units of Northern Colorado Water
Conservancy District Water (Big T Water).
2. Jurisdiction and Venue are proper with this Court because the real properties
that are the subject of this action are located in Weld County, Colorado.
3. Under C.R.C.P. 105, this Court is authorized to fully adjudicate the rights and
obligations of the parties to this action with respect to the properties.
Complaint Page 1 of 3
FIRST CLAIM FOR RELIEF: DECLARATORY JUDGMENT
4. Paragraphs one through three are incorporated here as if stated verbatim.
5. On March 4, 2005 the parties entered an Agreement under which the subject
properties were to be appraised and listed for sale with a qualified real estate broker
within 30 days from the date of the appraisal. A true and accurate copy of the
Agreement is attached as Exhibit 3 and incorporated here.
6. Each party had an appraisal done, but Boatman has persistently refused to
cooperate in finding a broker and listing the properties, and they remain unlisted as of
June 5, 2006.
7. More than 30 days have passed since the appraisals were completed.
8. In the case of breach, the Agreement is clear that the non-breaching party may
seek any legal and equitable relief in a court of competent jurisdiction.
SECOND CLAIM FOR RELIEF: PARTITION
9. Paragraphs one through eight are incorporated here as if stated verbatim.
10. The properties at issue were originally used for a dairy farm, but those
operations were abandoned in the 1980s. In 1988, the parties dissolved the corporation
under which they had operated the dairy farm, and the properties were conveyed to
Boyd and Boatman as tenants in common in consideration of surrender and
cancellation of the stock in the corporation. (Exhibit 1 & 2)
11. Boyd and his wife are in their eighties, and both have health issues.
12. The Boyds have three children who will inherit Boyd's interest in the properties,
and Defendant has two children who will inherit his interest.
13. Boyd is making plans for disposition of his estate and wants to maximize its
value. Boyd entered the Agreement to avoid having the ownership divided resulting in
less valuable parcels upon his death. His attempts to accomplish his estate planning
goals have been threatened by Boatman's refusal to abide by the Agreement. As a
result, Boyd's only option is to partition the properties.
14. As a person with an interest in the properties, Boyd is entitled to have them
partitioned under C.R.S. §38-28-101.
15. The Board of County Commissioners for Weld County are joined as defendants
because the county's interest in not having the land divided in a manner inconsistent
Complaint Page 2 of 3
with its ordinances governing subdivisions may be jeopardized by a physical partition of
the properties.
16. Upon information and belief, the properties at issue here, if physically divided,
would conflict with portions of Weld County Ordinances Chapters 22, 23 and with 24-1-
140.
WHEREFORE, Plaintiff requests that this honorable Court enter Declaratory
Judgment that Defendant Boatman has breached the parties' Agreement and that
Plaintiff is therefore entitled to recover Plaintiffs costs and fees incurred in bringing this
action. Plaintiff further requests that this honorable Court partition the properties
pursuant to C.R.S. §38-28-101 et. seq. and order a judicial sale of the properties at the
soonest possible date. Plaintiff requests that he be credited with his legal fees and costs
as an offset prior to the division of the proceeds.
Respectively submitted this 5`h day of June, 2006
THE R.S. IRVING LAW FIRM. LLC
Robert S. Irving, #216
Michael T. Krueger, #35179
Attorneys for Plaintiff
Plaintiff's Address
151 Highway 66
Longmont, CO 80501
Complaint Page 3 of 3
•
AR2165653 B 1219 REC 02165653 12/21/88 10:20 $6.00 1/002
.- F 1077 MARY ANN FEGERSTEIN CLERK 8 RECORDER WELD Co, CO
'cce l A
? THIS DEED, dated December /I, 1988, is from Longmont
Dairy Farms, Inc., a Colorado corporation (the "Grantor") ,
whose address is 151 State Highway 66, Longmont, Colorado
80501, to James Boyd, Jr. and John Reese Boatman ("Grantees"),
whose addresses are as follows:
James Boyd, Jr., 151 State Highway 66, Longmont, CO 80501
John Reese Boatman, 1200 Sunset Street, Longmont, CO 80501
Grantees are the owners of 60,000 shares of the issued
and outstanding common stock of the Grantor. The Grantor is
being voluntarily dissolved pursuant to a Plan of Liquidation
and Dissolution adopted effective as of May 1, 1988.
Pursuant to the Plan of Liquidation and Dissolution, the
property and assets of the Grantor, which include the property
described below, are to be distributed and conveyed to the
Grantees in consideration of the surrender and cancellation of
the common stock of the Corporation owned by the Grantees.
This deed is being executed in furtherance of the Plan of
Liquidation and Dissolution referred to above.
That for no consideration other than the surrender and
cancellation of the issued and outstanding stock of the
o Corporation owned by the Grantees, the Grantor grants and
a• conveys to the Grantees, and to their respective personal
a representatives, heirs and assigns, as tenants in common in the
a proportions set forth below, in fee simple, all that property
a located in Weld County, Colorado, and described as follows:
w All that part of the Southwest Quarter (SW1/4)
R. of Section Nineteen (19), Township Three (3)
>, North, Range Sixty-eight (68) West of the 6th
a P.M., County of Weld, State of Colorado,
E described as follows:
l Beginning at the Southwest Corner (SW Cor) of
a said Section 19;
u
o thence North 80 rods;
thence East 100 rods;
F, thence South 80 rods;
a thence West 100 rods to the Point of
H Beginning. EXCEPT that portion thereof
� p conveyed to The Department of Highways, State c�
z of Colorado by Special Warranty Deed recorded PLAINTIFF'S in Book 1553 at page 498, Weld County Records;
together with a right of way across the east 60 EXHIBIT
rods of said southwest quarter (SW 1/4) for an
!I irrigation ditch to the above described land
and 20 acre feet of water as allotted to said
premises by the Northern Colorado Water
Conservancy District. ALSO EXCEPTING therefrom
that parcel previously conveyed to James Boyd, •
!I Jr. and Olna M. Boyd by Deed recorded September
22, 1966 in Book 573 under Reception No.
1495334, Weld County Records.
Together with the improvements thereupon and the rights,
II! alleys, ways, waters, privileges, appurtenances, and advantages
belonging or appertaining thereto.
To have and to hold the property hereby conveyed unto the
Grantees, their respective personal representatives, heirs and
I! assigns, in fee simple, forever as tenants in common in the
following shares:
as to James Boyd, Jr., a 50% undivided interest; and
as to John Reese Boatman, a. 50% undivided interest;
II
B 1219 REC 02165653 12/21/88 10:20 $6.00 2/002
F 1078 MARY' ANN FEUERSTEIN CLERX S RECORDER WELD CO, CO
intending hereby to convey all right, title and interest to
Grantees which Grantor may own in any and all real property in
weld County, Colorado.
The Grantor warrants title to the property subject to all
taxes not yet due and payable, encumbrances, easements,
exceptions, restrictions, reservations, covenants and rights of
way of record or in use.
Witness the execution hereof by the Officers of the
Corporation.
ATTESP,E, LONGMONT DAIRY FARMS, INC.
97
."-/, �7ASA �.`2 rnG" By:
y' �.
. esident
STATE OF COLORADO
CITY AND COUNTY OF ,O2c,t ) ss.
..
The foregoing instrument was acknowledged before me
this II4A day of December, 1988 by James Boyd, Jr. as President
and John Reese Boatman as Secretary of Longmont Dairy Farms,
Inc.
Witness my hand and official seal.
Notary;
My commission expires: 4 -IT-P5 JJfl\•121288skt101
9 IIC
- 2 -
AR2165654 B 1219 REC 02165654 12/21/88 10:20 $6.00 1/002
F 1079 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO
THIS DEED, dated December LI, 1988, is from Longmont
Pn i Dairy Farms, Inc., a Colorado corporation (the "Grantor"),
a C C-e. whose address is 151 State Highway 66, Longmont, Colorado
1 80501, to James Boyd, Jr. and John Reese Boatman ("Grantees"),
whose addresses are as follows:
James Boyd, Jr., 151 State Highway 66, Longmont, CO 80501
John Reese Boatman, 1200 Sunset Street, Longmont, CO 80501
Grantees are the owners of 60,000 shares of the issued
and outstanding common stock of the Grantor. The Grantor is
being voluntarily dissolved pursuant to a Plan of Liquidation
and Dissolution adopted effective as of May 1, 1988.
Pursuant to the Plan of Liquidation and Dissolution, the
property and assets of the Grantor, which include the property
described below, are to be distributed and conveyed to the
Grantees in consideration of the surrender and cancellation of
the common stock of the Corporation owned by the Grantees.
This deed is being executed in furtherance of the Plan of
Liquidation and Dissolution referred to above.
That for no consideration other than the surrender and
cancellation of the issued and outstanding stock of the
❑ Corporation owned by the Grantees, the Grantor grants and
• conveys to the Grantees, and to their respective personal
representatives, heirs and assigns, as tenants in common in the
proportions set forth below, in fee simple, all that property
located in Weld County, Colorado, and described as follows:
w All that part of the Northwest Quarter (NW1/4)
of Section Thirty (30), Township Three (3)
North, Range Sixty—eight (68) West of the 6th
F
P.M., County of Weld, State of Colorado,
described as follows:
w
Beginning at the Northwest Corner (NW Cor) of
said Section 30;
❑ thence North 89 Degrees 23' East along the
w North Line of said Section 30, a distance of
541.66 feet to the True Point of Beg
inning;
thence South 2 Degrees 34' East, 81 feet;
thence South 37 Degrees 31' East, 228.7 feet;
thence South 20 Degrees 51' West, 299.9 feet;
thence South 8 Degrees 30' East, 75 feet;
thence South 71 Degrees 13'.East, 83.9 feet;
thence South 19 Degrees 54' East, 248.9 feet;
thence South 35 Degrees 56' East, 90 feet, more
or less to the Northerly boundary of the
easternmost portion of that certain parcel of
land conveyed to Donald R. Brown and Luella G.
Brown by Deed recorded February 26, 1968 in
Book 591 under Reception No. 1513473, Weld
County Records;
thence Easterly along said Northerly boundary,
a distance of 100 feet to the Northeast Corner
(NE Cor) of said easternmost portion of said
parcel of land;
thence along a small creek as follows:
North 35 Degrees 56' West, 87.5;
North 19 Degrees 54' West, 248.9 feet;
North 71 Degrees 13' West, 83.9 feet;
North 8 Degrees 30' West, 75 feet;
North 29 Degrees 51' East, 299.9 feet;
North 37 Degrees 31' West, 228.7 feet;
North 2 Degrees 34' West, 81 feet to the North
line of said Section 30;
thence leaving said small creek at this point,
South 89 Degrees 23' West along the North Line PLAINTIFF S
of said Section 30, a distance of 100 feet to EXHIBIT
the True Point of Beginning; EXCEPT that
E 1219 AEC 02165654 12/21/88 10:20 $6.00 2/002
F 1080 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
portion thereof conveyed to The Department of
Highways, State of Colorado by Special Warranty
Deed recorded in Book 1553 at page 494, Weld
County Records.
Together with the improvements thereupon and the rights,
alleys, ways, waters, privileges, appurtenances, and advantages
belonging or appertaining thereto. g
To have and to hold the property hereby conveyed unto the
Grantees, their respective personal representatives, heirs and
assigns, in fee simple, forever as tenants in common in the
following shares:
as to James Boyd, Jr., a 50% undivided interest; and
as to John Reese Boatman, a 50% undivided interest;
intending hereby to convey all right, title and interest to
Grantees which Grantor may own in any and all real property in
Weld County, Colorado.
The Grantor warrants title to the property subject to all
taxes not yet due and payable, encumbrances, easements,
exceptions, restrictions, reservations, covenants and rights of
way of record or in use.
Witness the execution hereof by the Officers .of the
Corporation.
A'1'TEST: LONGMONT DAIRY FARMS, INC.
By:
ecre oaSly P esident
COLORADO
n(� ) ss.
. CITY AND COUNTY OF yQFiP2. )
The foregoing instrument was acknowledged before me
this L44& day of December, 1988 by James Boyd, Jr. as President
and John Reese Boatman as Secretary of Longmont Dairy Farms,
Inc.
Witness my hand and official seal.
Notary; u n kU,7� Co
e _
My commission expires: 5-/3-FS '(Ny16p
'.f
121288skt101
2 _
s parttctiffii►aR
I
AGREEMENT
tansy
This Agreement was entered into this day of February 2005 between John R.
Boatman and James Boyd, Jr.
WHEREAS, The Parties own as tenants in common property described as a 46 acre
parcel located at State Highway 86 and County Road 1, in Weld County Colorado and is
Included in the SW % of Section 19, T3N, R6BW of the 61h P.M. ("Property A) and a
parcel along a natural drainage way on the south side of State Highway 86 immediately
south of Property A and consisting of 2.5 acres more of less (Property B"). Property A
and B are collectively referred to herein as the "Properties." The legal description of
Property A and B are attached to Addendum 1 of this Agreement and incorporated
herein.
WHEREAS, the Parties desire to jointly sell the Properties as opposed to having the
Properties judicially partitioned.
WHEREFORE, The Parties, James Boyd, Jr. and John R. Boatman, for good an
valuable consideration the receipt of which is hereby acknowledged, and intending to be
legally bound, hereby agree as follows:
1. Each Party shall retain a Colorado Registered Real Estate Appraiser of their
choosing to establish the fair market value of the Properties.
2. The Parties agree that a Licensed Appraiser shall be retained on or before
February 28, 2005 by each party, and that the cost of the appraisals shall be a
joint expense of the Boatman-Boyd Partnership,
3. Within 30 days following the appraisels, the Parties shall work cooperatively to
select a qualified Real Estate Broker to list the Properties for sale, either together
or separately. The listing price shall be based on the appraised value and
whatever additional value is deemed appropriate by the jointly-retained Realtor.
4. The Parties agree that the Properties will be listed for sale for at least 6 months
or extended as the parties shall agree.
5. Any reasonable offered sales price shall be accepted by the Parties in good faith
and not rejected to undermine the purpose of this Agreement.
B. Any and all coats associated with the listing and sale of the Properties shall be
borne by the Boatman-Boyd Partnership.
7. The proceeds from the sale of the Properties shah be equitably divided, as the
Parties shall negotiate in good faith.
8. During the time of this Agreement, Mr. Boyd shall take no action to seek judicial
partition of the Properties.
9. Should either Party breach this Agreement, the non-breaching Party may seek
any legal and equitable relief In a Court of appropriate jurisdiction. and in addition
to any other relief granted, shall be entitled to his legal fees and costs if the non-
breaching Party prevails,
10,This Agreement shall be interpreted and governed by the laws of the State of
Colorado.
JOHN R. BOATMAN JAMES BOYD, JR.
7 }.-- fi
Date Date
ADDENDUM 1
PROPERTY A
25570C PT SW4 19 3 68 BEG AT SW COR N80 RDS E100 RDS S80 RDS W100 RDS
TO BEG (50A M/L) EXC BEG 815W & 120.5'N OF SW COR E150' N25D01'E 331.10'
W150' S25D01'W 331.10' TO BEG (1.03A M/L) (3R) SITUS: 19234 1 CR WELD 0. 46
ACRES MORE OR LESS.
PROPERTY B
25627-P PT NW4 30 3 68 BEG N89D23'E 541.66' FROM NW COR S02D34'E 81'
S37O31'E 228.7' S20D51'W 299.9' S08D30'E 75' S71D13'E 83.9'.S19D54'E 248.9'
S35D56'E 90' ELY 100' N35D56'W 87.5' N19D54'W 248.9' N71D13'W 83.9' N08D30'W
75' N29D51'E 299.9' N37O31. 2.5 ACRES MORE OF LESS.
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00062760326529 NE 16th St, Bellevue, WA 98005
BOARD OF COUNTY COMMISSIONERS OF CO
WELD
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
To: BOARD OF COUNTY COMMISSIONERS OF WELD CO
From: LexisNexis File & Serve
Subject: Service of Documents in BOYD, JAMES vs. BOATMAN, JOHN R et al
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Court: CO Weld County District Court 19th JD
Case Name: BOYD, JAMES vs. BOATMAN, JOHN R et al
Case Number: 2006CV410
Transaction ID: 11587055
Document Title(s) :
Weld County Return of Service (2 pages)
Boatman Return of Service (2 pages)
Authorized Date/Time: Jun 20 2006 5:02PM MDT
Authorizer: Robert S Irving
Authorizer's Organization: Irving, R S Law Firm
Sending Parties:
BOYD, JAMES
Served Parties:
BOARD OF COUNTY COMMISSIONERS OF WELD CO
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Fan,b.
RETURN OF SERVICE
State of Colorado, County of :_^e--4-*-
I declare under oath that I served this summons and a copy of the complaint on the Defendant
Board of County Commissioners of Weld County in Weld County, State of Colorado on `t -4,
(date) at `j. ..'5`,a A Al (time), at the following location: 1 l'''b'''' 16'1'"-c-41-c--k- e�-f:r.?, x,._ ( - 'c_ht:, ,
❑ By handing them to a person identified to me as Defendant.
❑ By identifying these documents. offering to deliver them and then leaving them with a person
identified to me as the Defendant, , who refused service.
❑ By leaving them at the Defendants usual place of abode with
a member of Defendant's family who is
over the age of 18
O By leaving them at Defendants usual place of business with
Defendant's secretary, bookkeeper, or chief clerk
1( By leaving with .: 4= -.- ( &'s:,:.k who as
bi f - fir C tk"..�V,„ (title) is authorized to receive service of process for
Defendant. Board of County Commissioners of Weld County.
❑ By serving them as follows:
❑ I have made diligent efforts but have been unable to make personal service on Defendant, and
I have made service of the within summons, complaint, and order by posting a copy of them in a
conspicuous place upon the premises described in the Complaint.
O I attempted to serve Defendant on occasions but have not been able to locate
Defendant. Return to the Plaintiff was made on (date)
I am over the age of 18 years. and I am not interested in nor a party to this case.
Private Process Server.
r ,M �-'e fir;:- f '-• G.-�' '7
Signature / Date
t-I t,\t\,\11111,11111111
bscribed and sworn to me on: L..>...,: CI t9C,.' ' ; (,date? 1. Rt7r 7,".,
\. ' 1 t ) My commission expires: '6111 :42el larAR y ....',:;;..7`:=1
4`
Notary ublic ^* "'"G e,<3.- -0-f.
4 �'tl i usrr • ::
t r :e.
7 OF j;4111i%I,t- ,.'
i 1 '
My Commissian Exp'res
I
DISTRICT COURT,COUNTY OF WELD
STATE OF COLORADO
Court Address: 901 9111 Avenue
Greeley,Colorado 80631
Phone Number, (970);351-2300
Piaintiff(s):
JAMES B0YD,
Defendant(s):
Q COURT USE ONLY Q
i
JOHN R. BOATMAN,E'T AI..,
Casc Number: 06 CV 410
Mc C.ortrtick L>etertive Agency
P.O.Box#444 Division: Courtroom:
Rreeketu'idge.Colorado 80424-11444
Phone: (970)453-6378
fax: (,970)453.6852 It E-mail:mdabre Loom AFFIDAVIT OF SERVICE
STATE OM COLORADO )
COUNTY OF SUMMIT }
The Affttant,Charlie B.Mc C or nick.Jr..bring duly sworn,states that he is over the age of 18 years and is
not a party to the action and that he has duly served'a copy of the following documents:
SUMMONS,COMPLAINT,F.RHIBITS
upon the following:
JOHN RTI SE.BOATMAN
at the bellowing address:
1040 BLUE RIVER PARKWAY IN..SILVERTIOR'NE(SUMMIT COUNTY).COLORADO
by handing to and personally delivering the same to the aforementioned individual,over the age of 18 years.
on the following date&time: ,l me 16.2006 at 6.35 P.M.
Z.4fecr :4iLl../.1...
27 ., ••
CharleaB.Me Corm" _.._
State u(Colorado ) MC CORMICK U 1VE AGENCY
County of Sutmtt.it. ) -
•
Subscribed and sworn to leehwe me tb/( /dfay of :---.,,yam,, . 2006 by Charles B S Cormick,Jr.
Service charge: swop
y wm1[tmi r*, its _
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