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Home My WebLink About20031732.tiff RI District Court U Denver Probate Court Weld County, Colorado Court Address: Civil Division _ 901 9th Avenue P.O. Box 2038 Greeley CO, 80632 Plaintiff(s) _ Elverna Burchfield, as Trustee of the Elverna Burchfield Living Trust and Sherry Redmond 4 COURT USE ONLY v Defendant(s) Sekich Farms, Inc., a Colorado corporation, Board of County Commissioners of Weld County, and all unknown persons who claim any interest in the Southeast Quarter of Section 17, Township 3 North, Range 67 West of the 6t" P.M., Weld County, Colorado. Attorney: Case Number: Philip A. Goiran Grant& Grant LLP 03CV558 - 436 Coffman Street, Suite 200 PO Box 908 Longmont, CO 80502-0908 Phone Number: (303) 776-3100 E-mail:pgoiran@grant-grant.com Division 5 Courtroom FAX Number: (303) 774-2349 Atty. Req. It: 32325 SUMMONS TO DEFENDANT: Board of County Commissioners of Weld County Attn: Clerk to the Board 915 Tenth Street P. O.Box 758 Greeley CO 80632 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 also served with this summons: Amended Verified Complaint to Quiet Title under Rule 105 and proposed Decree Quieting Title. Dated: June 26,2003 Grant&Grant LLP By: /s/Philip A. GoGlan. ?,r 7 Q l y Philip A. Goiran Attorney for Plaintiffs :1) e,�„, 0, l Lc i3sl Crz 3 red pursuant to Rule 4,Colorado Rules of Civil Procedure, as amended. • �/ 'k:Winp\Summn,.Weld ca,nirdoc QO `4 Co -l ' 2003-1732 0 District Court ❑ Denver Probate Court Weld County, Colorado Court Address: Civil Division 901 9th Avenue P.O. Box 2038 Greeley, Colorado 80632 4 Plaintiff(s) COURT USE ONLY Elverna Burchfield, as Trustee of the Elverna Burchfield Living Trust and Sherry Redmond V Defendant(s) Sekich Farms, Inc., a Colorado corporation, Board of - County Commissioners of Weld County, and all unknown persons who claim any interest in the Southeast Quarter of Section 17, Township 3 North, Range 67 West of the 6Eh P.M., Weld County, Colorado. Attorney: Case Number: Philip A. Goiran Grant & Grant LLP 436 Coffman Street, Suite 200 03CV558 PO Box 908 Longmont, CO 80502-0908 Division 5 Courtroom Phone Number: (303) 776-3100 E-mail:pgoiran@grant-grant.com FAX Number: (303) 774-2349 Atty. Reg. #: 32325 AMENDED VERIFIED COMPLAINT TO QUIET TITLE UNDER RULE 105 Plaintiffs, Elvema Burchfield, as Trustee of the Elverna Burchfield Living Trust and Sherry Redmond, by their attorneys, Grant & Grant LLP, for their claim against Defendants, and each of them, states and alleges as follows: JURISDICTION AND VENUE 1. Jurisdiction and venue are proper because the real property which is the subject of this Complaint is located in Weld County, Colorado. C:'IIemWNCURTAL&kid,Quip TlikTlendings Complain,-Anvted.Add Weld County 63da1l.doc 1 THE PROPERTY 2. The real property which is the subject of this Complaint is described on Exhibit A and is shown on Exhibit B (the "Quiet Tifle Parcel"). Both Exhibits are attached to this Complaint and incorporated herein by this reference. PARTIES 3. Plaintiffs are the record owners of the real property described as the Southwest Quarter of Section 16, Township 3 North, Range 67 West of the 6`h P.M., Weld County, Colorado (the "Kurtz Ranch"). 4. Defendant Sekich Farms, Inc., is the record owner of the real property described as the Southeast Quarter of Section 17, Township 3 North, Range 67 West of the 6" P.M., Weld County, Colorado (the "Sekich Property"). 5. Defendant Board of County Commissioners of Weld County ("Weld County") is being joined in this action as an indispensable party in that the County has an interest in a portion of the Quiet Title Parcel lying within the_right-of-way for Weld County Road 17. This Complaint is not intended to affect the County's rights and interest in and to the right-of-way. CLAIM 6. The Kurtz Ranch and the Sekich Property are physically separated by Weld County Road 17. 7. The Quiet Title Parcel lies entirely on the east side of the centerline of Weld County Road 17 including a portion that lies inside of Plaintiffs' fence. 8. Defendant Sekich has not possessed, enjoyed or used any part of the Quiet Title Parcel for a period in excess of the applicable statute of limitations. 9. Plaintiffs are in possession of the Quiet Title Parcel and Plaintiffs and their predecessors have continuously used, enjoyed and occupied the Quiet Title Parcel for a period in excess of the applicable statutes of limitations and in a manner which has been adverse, exclusive, open, notorious and hostile to the ownership of Defendant Sekich. 10. There may be persons interested in the subject matter of this action whose names cannot be inserted herein because said names are unknown to Plaintiffs although diligent efforts have been made to ascertain the names of said persons; such persons have been made defendants and designated "all unknown persons who claim any interest in the subject matter of this action"; so far as Plaintiffs' knowledge extends, the interests of the unknown parties are derived through the named Defendants. 11. The Defendants claim some right, title, or interest in and to the Property adverse to Plaintiffs; and the claims of said Defendants are without foundation or right. G CGiadalK\KUKTA\Sakieh Quid Tille\PlcudingIComplii.-Amendd.Add Weld CounlY 6-26-D3 doe 2 WHEREFORE, Plaintiffs pray for a complete adjudication of the rights of all parties to this action with respect to the Property; for a decree requiring the Defendants to set forth the nature of their claims, determining that the Defendants and each of them have no interest, estate or claim of any kind whatsoever in the Property, forever barring and enjoining the Defendants from asserting any claim or title thereto, quieting the title of the Plaintiffs in and to the Property and adjudging that the Plaintiffs are the owners in fee simple and entitled to possession of the Property; and for costs of this action, and for such other relief as to the Court may deem proper. Grant & Grant LLP By /s/Philip A. Goiran Philip A. Goiran#32325 436 Coffman Street, Suite 200 PO Box 908 Longmont, CO 80502-0908 Attorneys for Plaintiff Address of Plaintiffs: c/o Mr. Donald L. Jones McFeeders Realty 221 West Platte Avenue Ft. Morgan, CO 80701 CERTIFICATE OF SERVICE I hereby certify that on this 26th day of June, 2003, a true and correct copy of this Amended Verified Complaint was served via LexisNexis E-file to: • Kenneth F. Lind 1101 11°i Avenue Greeley, Colorado 80631 Attorney for Defendant Sekich Farms, Inc. Grant & Grant LLP By: /s/Philip A. Goiran Philip A. Goiran#32325 436 Coffman Street, Suite 200 • PO Box 908 Longmont, CO 80502-0908 C:\OiantRa URTA\SetltR Quid YIIAMcdingiComplainl-Ammticd-Add Wcld County Sd6-0S.dae 3 VERIFICATION I, Donald L. Jones, do-affirmatively state that I am the ranch manger for the Plaintiffs and that I make this statement on their behalf. I have read the foregoing Verified Complaint and have reviewed the attached Exhibits and verify that all allegations contained therein are true, correct and genuine to the best of my information and belief. Donald L. Jones STATE OF COLORADO ) • COUNTY OF AAaR ) ss. The foregoing was acknowledged before me this o1Js/. day of April, 2003 by Donald L. Jones. My commission expires: A''/a.//o y Witness Iny hand and official seal. •••t C /7 1 > bJ . `:. Notary Pu lie O ."x • 2 anC1icnis VMURTAlStkitb Quin Tide\icMiogKComplaini-Amended•Add W cId Cmmiy 6-74.06.doc 4 • EXHIBIT "A" September 24, 2002 A description of a tract of land located in the SE1/4 of Section 17, T3N, R67W of the 6th P.M., in Weld County, Colorado. LEGAL DESCRIPTION A tract of land located in the SE1/4 of Section 17, T3N, R67W of the 6th P.M., County of Weld, Stale of Colorado, described as follows: BEGINNING at the Southeast Corner of said Section-'17, from which the E1/4 Corner of said Section 17 bears N00°07'01"W, 2615.42 feet (Basis of Bearing), thence S89°30'47"W, 193.01 feel along the • South Line of the SE1/4 of said Section 17 to the Centerline of Weld County Road No. 17, as now constructed; The following courses and distances are along the Centerline of said Weld County Road No. 17: Thence Northeasterly, 146.93 feet along the arc of a curve concave to the Northwest to a point of compound curve to the left, said arc having a radius of 650.00 feel, a central angle of 12°57'05", and being subtended by a chord that bears N17°14'39"E, 146.62 feel; Thence Northerly, 206.33 feel along the arc of said curve to a point tangent, said arc having a radius of 2235.00 feet, a central angle of 05°17'22", and being subtended by a chord that bears N08°07'25"E, 206.26 feet; • Thence N05°28'44"E, 252.23 feet to a point of curve to the left; Thence Northerly, 213.68 feet along the arc of said curve to a point tangent, said arc having a radius of 2475.00 feet, a central angle of 04°56'48", and being subtended by a chord that bears N03°00'20"E, 213.61 feet; Thence N00°31'57"E, 1104.13 feet to a point of curve to the right; Thence Northerly, 211.60 feet along the arc of said curve to a point tangent, said arc having a radius of 1470.00 feet, a central angle of 08°14'51", and being subtended by a chord that bears N04°39'22"E, 211.42 feet; Thence N08°46'48"E, 246.16 feet to a point of,curve to the left, • Thence Northerly, 197.21 feet along the arc of said curve to the East Line of the SE1/4 of said Section 17, said arc having a radius of 1270.00 feet, a central angle of 08°53'49", and being subtended by a chord that bears N04°19'53"E, 197.01 feet; Thence leaving the Centerline of said Weld County Road No. 17, S00°07'01"E, 2561.50 feet along the East Line of the SE1/4 of said Section 17 to the Southeast Corner of said Section 17 and the POINT OF BEGINNING. . r-, lc�-� NOTICE: According to Colorado law you must ..Y Frank N. O ekel r" o commence any legal action based upon any defect : Colorado P.rpfet'st9r1 hvnd in this survey within three years after you first Surveyor NOa2,4305 V discovered such defect. In no event, may any 1860 Induslria nidht CO 80501 action based upon any defect in this survey be J,Circle, Lon y. commenced more than ten years from the date of '�-,'�/ ,q�, � `° the certification shown hereon. Date: �'• iRN 4$'1 '.r,nnnnumoor• File:LGL0924.DOC ADP Prolecl:197.4 EXHIBIT "B11 U N O s I ; I EXHIBIT MAP El/4 COR. SEC. 17 NW1/4 SEC. ,16 SCALE: 1"=300' 01NO l6 Rmm /2. ALUM CAP PROPERLY MAPPED 16 k 5/AWNED 'PAS 3]500 1999' b Cl/4 [OR, SEC. IN MONUMENT DOY. 16 -L --- 11 L=197.21' NO6.46'40"E n- ?7n.nD' 246.16' o-00'sI'.9' cu-v0.t9 s3 C 197.01' Q' P\ L=211.60' • n-1.7a.aa• f CH-N0."] 211.2 711..E N SE1/4 SEC. 17 z "-(--4§1 g SW1/4 SEC. 16 Oa• 3 ct1PU hV¢ W g • 5= i. L.,o� U&m •n o 0. o - r CI z o �-U 0 R. V \ ^ t O L=213.65' i z 2 0- _� 0.2.6.00' 1 71 D.a.s6'.e• I j O3WY ... ol-vwm10' 'E O��ry 26.61' o 'Lou 2 O$_ O Lig NOS'28'44"E 252.23' I E t L=206.33' o ,I R.2235.001 D-05'7723?' CM.NOB 206.26' 306.96' L=146.93' POINT OF 6FGINWN& R-63O00 I SE COI. SEC. 17 0.Iry Os' 1 FOUND CHISELED-A' O cN-N1 T1.y9•C l 20P Of]'29' sumsrONE • Sow 2'1/( SEC II 1.6.62' 17 re PROJECTINC ABOVE 6ROUNO LEVEL 56910.47'w 2596.66' A / -- ___ / A 2`N. 7" "A c. n S1/4 COR. SEC. 17 569'30'47"W FOUND 96 ROAR WI 3_1/9" '// 193.01' ALUM CAP NARKED'1111.5 13135 / 1993 0.5 BELOW CRAVEL ROAD SURFACE liF ALHFUS DHFYF7 & P0NLY, ING ..,.t A 404 5."...,9 m ., olio a.e.......CANA TN.0.Is.,.....,Oen.NMI 0011.07—lilt E District Court ❑ Denver Probate Court Weld County, Colorado Court Address: Civil Division 901 9th Avenue P.O. Box 2038 Greeley CO, 80632 Plaintiff(s) COURT USE ONLY Elverna Burchfield, as Trustee of the Elverna Burchfield Living Trust and Sherry Redmond V Defendant(s) _ Sekich Farms, Inc., a Colorado corporation, Board of County Commissioners of Weld County, and all unknown persons who claim any interest in the Southeast Quarter of Section 17, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. • Attorney: Case Number: Philip A. Goiran Grant & Grant LLP 03CV558 436 Coffman Street, Suite 200 PO Box 908 Longmont, CO 80502-0908 Division 5 Courtroom Phone Number: (303) 776-3100 E-mail:pgoiran@grant-grant.com Fax Number: (303) 774-2349 Atty. Reg. #: 32325 DECREE QUIETING TITLE THIS MATTER was heard this day of , 2003. Based upon the statements of counsel, the pleadings that have been filed in this action, the affidavits attached to those pleadings, the exhibit(s) admitted into evidence and the testimony of the witness, the COURT FINDS: THAT service under Rule 4 of the Colorado Rules of Civil Procedure is proper upon all of the Defendants in this action; THAT Elvema Burchfield, as Trustee of the Elverna Burchfield Living Trust and Sherry Redmond, and their predecessors in title, have adversely possessed the property described in Exhibit A QICIkmAIVNRTA6etldi Quid TMWlndinyeTicrm guiding Mc-d.FM]doc attached hereto (the "Property") for a time in excess of the periods of the statutes of limitation, as provided in Sections 38-41-101 and 38-41-112, Colorado Revised Statutes; THAT this is an action in rem affecting specific real property; THAT the Court has jurisdiction of all parties to this action and of the subject matter thereof; THAT the allegations of the Complaint are true; THAT every claim made by said Defendants is unlawful and without right; THAT no Defendant herein has any right, title or interest in or to the Property or any part • thereof; THEREFORE: IT IS ADJUDGED AND DECREED that, Elvema Burchfield, as Trustee of the Elvema Burchfield Living Trust and Sherry Redmond, Plaintiffs, at the time of the commencement of this proceeding, was, and are now, the owners in fee simple absolute, with right to possession of the real property described on Exhibit A attached hereto (the "Property") subject to the right-of-way for County Road 17 and the rights of Weld County in and to said right-of-way; and THAT fee simple title in and to the Property be and the same hereby is quieted in the Plaintiffs, and that each of the Defendants has no right, title or interest in or to the Property or any part thereof, and that the Defendants are forever enjoined from asserting and claim, right, title or interest in or to the Property for any part thereof. Signed , 2003 BY THE COURT District Judge • G:\Oon,,K\KURTRISekkh Quin Tilinnuading we quieting silk-6-1643 doc • DISTRICT COURT WET D COUNTY,STATE OF COLORADO EFILED Court Address: 901 9th Avenue, Greeley, CO 80631 Mailing Address: P.O.Box 2038 Greeley, CO 80631 IN Phone Number: (970) 351-7300 DISTRICT COURT WELD CO., COLO. Plaintiff(s): ELVERNA BURCH FIELD & et. al. vs. ? FOR COURT USE? Defendant(s): SEKICH FARMS INC&et. aL Case Number. 03CV558 Division: 5 INITIAL CASE MANAGEMENT ORDER I. IMPORTANT PROCEDURES APPLICABLE TO ALL CIVIL PROCEEDINGS IN THE NINETEENTH JUDICIAL DISTRICT: A. ELECTRONIC FILING:All parties are encouraged to electronically file all documents pursuant to Rule 121 § 1-26. When filing electronically,the filing party shall retain a copy of the original document for production to the Court if necessary. A proposed order should be electronically filed, however, copier and envelopes an not Jeyui edilyaa eyile. For more information on electronic filing,contact CourtLink at (800) 774-7317,or visit www.courtlink.com B. PROPOSED ORDERS:All motions shall be accompanied by an appropriate proposed order. If a-filed,such orders shall not be scanned but instead shall be in either Word or WordPerfect format. Failure to provide a proposed order in this format will result in your motion languishing without an order. When filing paper pleadings,parties shall include a sufficient number of copies of proposed orders, together with self-addressed,stamped envelopes for mailing the conformed copies to all parties. II. ALL PARTIES MUST COMPLY WITH THE FOLLOWING DEADLINES: A. SERVICE OF PROCESS: Returns of Service for all defendants shall be filed within sixty (60) days of the filing of the Complaint. B. DEFAULT JUDGMENT:Application for default judgment shall be filed within twenty(20) days after default has occurred and should comply with Rules 55 and 121 § 1-14. The Court will consider extending these deadlines only upon timely filing of a motion showing good cause. If an attorney()rpm se party fails to comply with Part II of this Order, the Court may dismiss the case without prejudice. This Order shall be the initial notice required by Rules 41(B)(2) and 121, § 1-10. III. CASE MANAGEMENT ORDER Pursuant to Rule 16(b),as amended 2-13-02 (effective 7-1-02),a presumptive Case Management Order controls the course of these proceedings. Therefore, the presumptive deadlines set forth in Rule 16(b)(4) through 16(6)(10) apply,WITH THE EXCEPTION OF THE FOLLOWING DEADLINES: Revised 4/9/03 • 440 A. - TRIAL SETTINQ:A Notice to Set Trial by Telephone shall be filed no sooner than 135 days after the date the case is at issue and no later than 165 days after the case is at issue. Trial settings are made with the Division Clerk, (970) 351-7300,x4604,on Tuesdays and Thursdays from 8:30 a.m. to 10:00 am. B. EXPERT DISCI.OSIJRF,:The parties'disclosures of expert testimony pursuant to C.RC.P. 26(a)(2) shall be made as follows: a claiming party's expert disclosures shall be made no later than 160 days prior to trial a defending party's expert disclosures shall be made no later than 130 days prior to trial, and rebuttal experts disclosed no later than 110 days prior to trial To the extent a party wishes-to challenge an opposing expert under Rule 703 and Shreck, such motions setting forth the basis for the challenge shall be filed no later than sixty-five(65) days prior to trial. If a hearing is necessary,it shall be held no later than forty-five (45) days prior to trial. C. PRETRIAL MOTIONS:All motions for summary judgment or motions to dismiss must be filed no later than ninety(90) days before trial,with any cross-motions filed no later than seventy-five (75) days before trial. All motions in limine must be filed no later than fourteen (14) days prior to triaL D. NON-EXPERT DISCOVERY:Al/non-expert discovery shad bcrwbstantially completer/No later than 165 dayrfiom the date the rase it ensue Accordingly, service of written discovery shall occur so that responses are due before this deadline E. FXPRRT DISCOVERY:All open'd:rroaey/hail be comp/eteduo kterthan seaeVyiiue(75/days priarto trial. There is no limit upon the number of expert depositions that the parties may take. To the extent the above deadlines conflict with the presumptive deadlines set forth in Rule 16(b),the above deadlines control. If a request for a modified case management order is filed pursuant to Rule 16(c), the deadlines set forth in the proposed modified order shall include those set forth above. IV. DISCOVERY DISPUTES The parties are encouraged to agree on an individual who will act as a mediator in the event of a discovery dispute The mediator's job is to help(1) avoid and(2) resolve discovery problems,providing a speedy,efficient,and economical result. If a problem arises and agreement is not possible,the mediator will resolve it by ruling on the issue. If the parties so agree, they shall move the Court to appoint the agreed-upon person as a"special master"pursuant to Rule 53 and C.R.S. §13-22-302(8) and 313(1). V. NOTICE TO OTHER PARTIES:Plaintiff shall mail a copy of this Initial Case Management Order to all other parties who enter an appearance. Dated: May 9th,2003 o trict Court Ju Tba order snrfi/ed e/em,nimt>y,m am to Ark 121,f 1-26. The orisina/ddnd a a in the Cnn?,file. I certify that the foregoing Initial Case Management Order was mailed to Plaintiff at the address in the Complaint. Dated: May 9th,2003 _ Revised 4/9/03 Hello