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Home My WebLink About20041452.tiff • RESOLUTION RE: APPROVE QUIET TITLE DECREE AND AUTHORIZE COUNTY ATTORNEY TO SIGN CONSENT - BIRT VERSUS ADDELMAN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been named as a party defendant in Birt v Addelman 04-CV-243, Weld District Court because it may claim an interest in land due to public roads and road rights-of-way in the vicinity of Block 7 in the Town of Hereford, County of Weld, State of Colorado, and WHEREAS, the Department of Public Works has reviewed the proposed decree and recommends accepting said description as consistent with the lines of possession of the Evans Estate and not in conflict with Piper Street, as it was built and is currently maintained, nor in conflict with the right-of-way for Broadway, and WHEREAS, after review, the Board deems it advisable to accept said Decree Quieting Title, a copy of which is attached hereto and incorporated herein by reference and authorize the Office of the County Attorney to disclaim any interest in the parcel as described in the Decree on behalf of the Board, except for the lien for ad valorem taxes or special assessments, if any. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the acceptance of said Decree Quieting Title, Birt v Addelman 04-CV-243, Weld District Court be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Office of the County Attorney is authorized to disclaim any interest in the parcel as described in the Decree on behalf of the Board, except for the lien for ad valorem taxes or special assessments, if any. L! " 'JM!LU!" 1' ' JJ"JuJALJ'L" IIIIIIII.000 0.00 Steve Moreno:34A Weld Clerk& Recorder 2004-1452 EG0050 �r Pry? O Birt v. Addelman PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of May, A.D., 2004. BOARD OF COUNTY COMMISSIONERS LD VO UL1T, COI6O RgpO Robert D. Masden, Chair laei rk to the Board l William H erke, Pro-Tem ` Depu y Clerk to the Board l// cols--/ M. eile AP D AS TO FA Davi . Long ntyyAttorn y Glenn Vaad Date of signature: 2' ` 111111111111 III11111111111111 IIII 1[III III 11111 IIII IIII 3184458 05/28/2004 11:34A Weld County, CO 2004-1452 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EG0050 1 g Nati } f r e = & L__raV�M�s" Li : :x r Ai'' 1'v Y ;31yfi...e1 a `s$ �5 y r�e t } ;;'1,:;-: aF. V v a yy� I.H 1 Q i y `xy i'fAits � K --...,:it c::;,./..---- x T- "u rip /�' `y,'�u? ,. • u,�x-.„ .-•:r,8 k r ♦ '.. # #vi; i ,, ... , . . .. ,2 TT }y ' •:•44..-.7.-1-. " ' y� ' s 'A w .... �1 � . .;t a rv1-_. ;4T. �; f—,w"' ' ' _ 4--4:' } 3 ' H .% ,. ate" ,,,it. ,. i h v i . . , . 1111111111111111111111111 fl11111 11111111IIII 3184458 05/28/2004 11:34A Weld Couifty, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder s f • ), di 3x n $1 it 1E: , '- ° i 'r Fr• u .3, 31 'fllosisli•k. 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Icy . g / m ! Ion // o m I I I� ./ I I 20 1 I I I_ I I< / I 9------ 1---- I 19 / ' - !5. / / I 8 I is. M 326.69' / C. \Ste . 227.00' — — — — 5g______t_ — N3B'33'45"E 553.69' I / I / I / I IIIIIII11111IIIIIIIIIII111111III!111111IIIIIIIIIII!III1 / 3184458 05/28/2004 11:34A Weld County, CO / 5 of 5 R 0.00 0 0.00 Steve Moreno Clerk$ Recorder / I I / Page 1 of 1 Carol Harding From: Lee Morrison Sent: Friday, May 14, 2004 3:58 PM To: Carol Harding Subject: FW: review of quiet title action for wednesday agenda-approve quiet title decree— Birt v Addelman, 04 cv 243 Lee D. Morrison, Assistant Weld County Attorney 915 10th St., PO Box 758, Greeley, CO 80632 (970) 356-4000 x 4395: FAX 352 0242 This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient, please reply and delete your copy of this message." From: Leon Sievers Sent: Friday, May 14, 2004 2:34 PM To: Lee Morrison Subject: review of quiet title action The public works department has reviewed the legal description and survey plat for the quiet title action for the Birt case, Block 7 of the Townsite of Hereford and does not contest the action. Hardcopies of the plat and legal are forthcoming in the interoffice mail 5/17/2004 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 901 9th Avenue,P.O.Box 2038, Greeley, CO 80632 Phone Number: (970) 351-7300 Lois A. Birt, Personal Representative of the Estate of Arius W. Evans, a/k/a Arius Ward Evans, a/k/a Arius Evans, Plaintiff, v. Grace Addleman,Donna Bossen, Eileen Woolington, FOR COURT USE ONLYA The Board of County Commissioners, County of Weld, The State of Colorado and all unknown persons who claim any interest in the subject matter of this action, Defendants. Lee D. Morrison, Assistant Weld County Attorney 915 Tenth Street Case Number: 04-CV-243 P.O. Box 758 Division: 5 Greeley, CO 80632 Phone Number: (970) 336-7235 Fax Number: (970) 352-0242 E-Mail: Lmorrison@co.weld.co.us Attorney Registration#8067 DISCLAIMER COMES NOW the Defendant, The Board of Weld County Commissioners, County of Weld, State of Colorado, by and through its attorney, the Assistant Weld County Attorney, and disclaims any and all interest in and to the property described in the Decree Quieting Title proposed by Counsel for the Plaintiffs. The Board further states that such disclaimer does not apply to the liens for general taxes and special assessment as they attach to the subject parcel. WHEREFORE, this Defendant prays that he may go hence without cost. DATED this!% day of , 2004. g_a DO4v BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Petitioner, BRUCE T. BARKER WELD COUNTY ATTORNEY LEE D. MORRISON #8067 Assist t Weld County Attorney CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing DISCLAIMER was placed in the United States mail, postage prepaid, addressed to: Robert C. Burroughs, PC 115 2""Avenue P.O. Box 579 Ault, CO 80610 Board of Weld County Commissioners P.O. Box 758 Greeley, CO 80632 oy 771 DATED this/ ' day of , 2004. M:\WPFILES\DISCLAIM\BIRT\DISCLAIM.WPD `05/13/2004 09:43 19708340280 PAGE 02/03 DISTRICT COURT Weld County, Colorado 9th Avenue & 9th Street Greeley, CO 80631 Lois A. Birt, Personal Representative of the Estate of Arius W. Evans, aka Arius Ward Evans, aka Arius Evans, Plaintiff, v. Grace Addleman, Donna Bossen, Eileen Woolington, The Board of County Commissioners, County of Weld, The State of Colorado and all unknown persons who A COURT USE ONLY A claim any interest in the subject matter of this action, Case Number. 04 CV 243 Defendants. Div.: 5 Ctrm: DECREE QUIETING T1TLE THIS COURT FINDS THAT: 1. Each Defendant herein has been properly served. 2. Anthony V. Mello, Attorney at Law, has been heretofore appointed and has appeared for any and all Defendants who are in the military service, as defined by the Soldiers and Sailors Relief Act of 1940, as amended. 3. This Court has personal and subject matter jurisdiction in this case. 4. The allegations of the Complaint are true. 5. Every claim made by said Defendants is unlawful and without right. 6. No Defendant herein has any title or interest in or to the real property described hereinbelow. IT IS HEREBY ADJUDJED AND DECREED THAT Plaintiff, at the time of the commencement of this proceeding was and now is, the owner in fee simple, with right to possession, of the following real property in Weld County, Colorado: • A parcel of ground located in the South 1/2 of Section 27, Township 12 North, Range 62 West of the 6"P.M., in the Town of Hereford, County of Weld, State of Colorado, being more particularly described as follows: 05/13/2004 09:43 19708340280 PAGE 03/03 Considering the Southeasterly Range Line of Block 7, in the Town of Hereford being monumented at each end by a W' steel pin in concrete, to bear North 38 31'45"East, and with all bearings contained herein relative thereto;Beginning at the Easterly Range Point of Block 7, from which the Southeast corner of said Section 27, being a'A"rebar with 3_1/4" aluminum cap L.S. 22098, bears South 68 54'44"East, a distance of 2549.90 feet; Thence North 51 28'18"West, along the Northeasterly Range Line of Block 7, a distance of 257.50 feet to a 5/8"x 30"rebar with red plastic cap stamped P.L.S. 27269; Thence South 38 31'45" West, a distance of 286.68 feet to a point 10.00 feet Northeasterly of a witness corner,being a 5/8"x 30" rebar with red plastic cap stamped P.L.S. 27269; Thence South 51 28'15"East, a distance of 375.91 feet from which a witness corner being a 5/8"x 30" rebar with red plastic cap stamped P.L.S. 27269 bears South 17 23' 22" West, a distance of 10.66 feet; Thence North 17 23'22"East, a distance of 296.65 feet to a point on the Northeasterly Range Line of Block 6 being monumented by a 5/8"x 30" rebar with red plastic cap stamped P.L.S. 27269; Thence North 51 28'18"West along said Range Line, a distance of 12.42 feet to the True Point of Beginning. Containing 2.05 Acres, M/L. All as shown on the plat recorded under reception No. Weld County Records. , THAT FEE SIMPLE TITLE in and to said real property be and the same hereby is quieted in the Plaintiff, and each of the Defendants has no right, title or interest in or to the said real property or any part thereof, and that they are forever enjoined from asserting any claim, right, title or interest in or to the said real property or any part thereof. DATED This day of May, 2004. BY jut COURT District Court Judge Approved as to form: Military Attorney Hello