HomeMy WebLinkAbout20011864.tiff IN THE UNITED STATES DISI TRICI(COURT FILED
FOR THE DISTRICT OF COLORADO onREO STATES DISTRICT COURT
0ENVFR.00L0RAD0
Civil Action No. 97-D-2469 •
JUL 03 2001
JAMES R.M SPEAKER
ASPHALT PAVING CO., a Colorado Corporation, CLERK
Plaintiff,
v.
FREDERICK WATTENBERG, also known as FRED WATTENBERG; THOMAS GILHEANY;
THE GREAT WESTERN RAILWAY COMPANY; UNITED STATES OF AMERICA;
WATTENBERG IMPROVEMENT ASSOCIATION,INC.;K.N.FRONT RANGE GATHERING
COMPANY; THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD;
FREDERICK WATTENBERG, JR.; FRITZ WATTENBERG; WILLIAM WATTENBERG;
JULIUS WATTENBERG;CHRISTIAN WATTENBERG;BEVERLY VAN OEVEREN;HAZEL
COLLINS also known as HAZEL OPAL BARHAM COLLINS;EUGENE HENMAN;MARGENE
HALL; MARIE WATTENBERG; HENRY WATTENBERG; FLORENCE NELSON; LOUISE
WATTENBERG; JAMES WATTENBERG; FLORENCE CONTER; FRED WATTENBERG;
ROBERT WATTENBERG; MARY LEDFORD; DONALD PAUL WATTENBERG; HELEN
LEWIS; EDWARI)PERRY; GENE PERRY; E. L. WATTENBERG; RANDY WATTENBERG;
JOHN WATTENBERG; ANNA WATTENBERG; AEON ENERGY CO.; ROCKY H.
WATTENBERG; HELEN AGNES COLBERT; RUTH ELIZABETH BARHAM HASS; ROSE
MARIE BARHAM KITCHEL; PUBLIC SERVICE COMPANY OF COLORADO; DONNA
ROUTZEN;MARTIN GEORGE SCHMIDT;PANHANDLE EASTERN PIPELINE COMPANY;
BRIGHTON DITCH CO.; VESSELS HYDROCARBONS, INC.; NORTH AMERICAN
RESOURCES COMPANY; K N GAS GATHERING, INC.; K N WATTENBERG
TRANSMISSION LLC;THE PUBLIC TRUSTEE OF WELD COUNTY,COLORADO IN HIS OR
HER CAPACITY AS SUCCESSOR TO THE INTERESTS OF X.O. EXPLORATION, INC., IF
ALL MEMBERS OF ITS LAST ACTING BOARD OF DIRECTORS ARE DECEASED, THE
PURL IC TRUSTEE OF WELD COUNTY, COLORADO IN HIS OR HER CAPACITY AS
SUCCESSOR TO THE INTERESTS OF WATTENBERG IMPROVEMENT ASSOCIATION,
INC. IF ALL MEMBERS OF ITS LAST ACTING BOARD OF DIRECTORS ARE DECEASED
AND ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER
OF THIS ACTION,
Defendants.
DECREE QUIETING TITLE
Corgi?/ G7�Pfl(i
7 y- U1 HOC. 69 2001-1864
This matter was heard this_day of , 2001.
Based upon the statements of counsel, the pleadings that have been filed in this action, the
exhibits admitted into evidence and the testimony of the witnesses, the COURT FINDS:
THAT Plaintiff originally brought this action pursuant to Colorado Rules of Civil
Procedures §105 to quiet title to certain real property located in Weld County, Colorado by filing
Civil Action 97 CV 632 in the Weld County District Court, State of Colorado;
THAT a Lis Pendens giving notice of this action was recorded in the office of the Clerk and
Recorder of Weld County, Colorado (the "Records") on October 24, 1997 in Book 1633 at Page
1276 at Reception No. 25757721
THAT on November 21, 1997,the United States of America removed this case to the United
States District Court for the District of Colorado;
THAT service under Rule 4 of the Federal Rules of Civil Procedure is proper upon all
Defendants in this action;
THAT Asphalt Paving, Co., a Colorado corporation and its predecessors in title have
adversely possessed the property described in Exhibit A attached hereto(the"Property") for a time
in excess of the periods of the statutes of limitation, as provided in C.R.S. §38-41-101;
THAT Defendants The Great Western Railway Company,the United States of America,K.N.
Front Range Gathering Company, and Panhandle Eastern Pipeline Company (the Answering
Parties")have filed Answers in this action and have consented to the entry of this Decree Quieting
Title, as evidenced by the Settlement Stipulation of Plaintiff and other Defendants, including the
Answering Parties, previously filed with the Court;
2
THAT counsel for Defendant Public Service Company of Colorado has filed an Entry of
Appearance in this action,and has consented to the entry of this Decree Quieting Title,as evidenced
by the Settlement Stipulation;
THAT Defendant,Wattenberg Improvement Association, Inc.has consented to the entry of
this Decree Quieting Title, as evidenced by the Settlement Stipulation;
THAT Defendant, the Board of County Commissioners of the County of Weld, State of
Colorado has consented to the entry of this Decree Quieting Title, as evidenced by the Settlement
Stipulation;
THAT Defendants Beverly Van Oeveren,Mary Ledford,E.L. Wattenberg,Donna Routzen,
Martin George Schmidt and Rose Marie Barham Kitchel are in Default in this action;
THAT Defendants Florence Nelson,Louise Wattenberg,James Wattenberg,Florence Conter,
Fred Wattenberg, Robert Wattenberg, Donald Paul Wattenberg, Helen Lewis a/k/a Helen Agnes
Colbert, Randy Wattenberg, John Wattenberg, Aeon Energy Co., and the Public Trustee of Weld
County Colorado in his or her capacity as successor to the interests of X.O. Exploration, Inc., if all
members of its last acting Board of Directors are deceased and the Public Trustee of Weld County,
Colorado in his or her capacity as successor to the interests of Wattenberg Improvement Association,
Inc. if all members of its last acting Board of Directors are deceased filed Disclaimers of Interest
in this action;
THAT Candace Janell Kinzie,Attorney at Law,has been heretofore appointed and appeared
for any and all Defendants who are in, or who may be in, or who may have been ordered to report
for induction into,the military service, as defined by the Soldiers' and Sailors' Civil Relief Act of
1940, as amended;
3
THAT this is an action in rem affecting specific real property;
THAT Plaintiff made diligent efforts to serve all other Defendants in this action not named
above both within and without the State of Colorado at all known addresses;
THAT an order for Service of Process by Publication was granted by this Court for service
upon all remaining Defendants not named above and all unknown persons who claim any interest
in the subject matter of this action and that a Summons by Publication was properly published in The
Greeley Daily Tribune .
THAT the Court has jurisdiction of all parties to this action and of the subject matter thereof;
THAT the allegations of the Amended Complaint are true, except for allegations that
Plaintiffs ownership and occupancy of the Property is prior to the interests of the Answering Parties,
Public Service Company of Colorado, The Board of County Commissioners of Weld County,
Colorado and Wattenberg Improvement Association, Inc.; and
THAT, excepting the Answering Parties,Public Service Company of Colorado, The Board
of County Commissioners of Weld, Colorado, and Wattenberg Improvement Association, Inc., no
other Defendant herein has any right, title or interest in or to the Property or any part thereof;
THEREFORE:
IT IS ADJUDGED AND DECREED THAT ASPHALT PAVING Co., a Colorado
corporation, Plaintiff, at the time of the commencement of this proceeding, was, and is now, the
owner in fee simple absolute, with right to possession of the real property described on Exhibit A
attached hereto and incorporated herein (the "Property") subject to the following interests which
shall remain as prior interests to Plaintiff's ownership (Items 1 through 10 below being the "Prior
Interests"):
4
1. All ores and minerals, including oil and gas, with full rights to mine, drill for and
extract the same and the rights of access to, and the use of the surface of said land,
as may be necessary or incident thereto, and any other interests therein or rights
thereunder as reserved by the Great Western Railway Company in Quit Claim Deed
to Caroline Wattenberg dated October 11, 1948 and recorded in the Records
November 16, 1948 in Book 1237 at Page 345. (No water or water rights are
conveyed by this Quit Claim Deed, nor shall this Decree be deemed a transfer of
water or water rights by Great Western Railway Company).
2. Right of way,whether in fee or easement only, for electric transmission line, 75 feet
in width, as granted to The United States of America by Leona M. Perry, recorded
in the Records April 20, 1951 in Book 1301 at Page 72;
3. Right of Way, whether in fee or easement only, for electric transmission line
purposes, as granted to Public Service Company of Colorado by Leona M. Perry,
recorded in the Records March 9, 1962 in Book 1608 at Page 427
4. All interests granted K.N. Front Range Gathering Company by the Right-of-Way
Grant recorded in the Records August 13, 1993 in Book 1397, at Reception No.
2346150;
5. All interests granted Panhandle Eastern Pipeline Company by the Right-of-Way
Grant recorded in the Records September 27, 1974, in Book 724, at Reception No.
1645680, and by Right-of-Way Grant recorded in the Records February 25, 1975 in
Book 733 at Reception No. 1654750;
5
6. All interests granted Vesssels Hydrocarbons, Inc. by the Right-of-Way
Option/Easement recorded in the Records March 20, 1997,in Book 1597,Page 213
at Reception No. 2538873, and assigned to KN Gas Gathering, Inc., now known as
K.N. Front Range Gathering Company, by Assignment of Bill of Sale and
Conveyance recorded in the Records June 9, 1998 at Reception No. 2618411;
7. Any portion of Weld County Road 6, a/k/a Henry Street, which lies generally on
either side of the north line of Section 25, Township 1 North, Range 67 West Weld
County, Colorado as it may exist by usage, dedication, reservation or deed.
8. Terms, agreements, provisions, conditions and obligations as contained in Road
Maintenance Agreement by and between County of Weld, State of Colorado and
Asphalt Paving Company recorded in the Records March 10, 1994 in Book 1430 at
Reception No. 2377517;
9. Notes and Restriction as shown on Use by Special Review Map recorded in the
Records April 11, 1994 in Book 1436 as Reception No.2382935 and recorded April
23, 1991 in Book 1296 at Reception No. 2247955.
10. Any portion of the extension of Caroline Avenue (a/k/a W.C.R.23.6),whether
existing by usage, dedication, reservation or deed beginning at a point where the
center line of Caroline Avenue intersects in the Southeast line of the Town of
Wattenberg, being a line common to Blocks 24, 25 and 21 in said Town of
Wattenberg; continuing from said point of intersection in generally Southerly and
Southwesterly direction along the center line of the county road,to a point where the
center line of said county road intersects the West line of the NE 1/4 thence
6
continuing in a westerly direction generally on either side fo the South line of the
NW 1/4 of said Section 25 to a point which intersects the West line of Section 25.
THAT fee simple title in and to the Property be and the same hereby is quieted in the
Plaintiff,subject to the Prior Interests,and that except as set forth in the Prior Interests,no Defendant
shall have any right, title or interest in or to the Property or any part thereof, and the Defendants are
forever enjoined from asserting any claim, right title or interest in or to the Property or any part
thereof, except the Prior Interests which shall not be disturbed.
Dated J � > �, _, 2001
/
BY THE COURT:
J s 1? J frf — J Cr
APPROVED AS TO ORM.
'
Candace Janell ie
C:Usphalt Paving\DecQTitle.4.wpd
7
•
•
EXHIBIT A
LEGAL DESCRIPTION
PART :
The S1/2 of the NW1/a of Section 25, Township 1 North, Range 67 West of
the 6th P.M. , County of Weld, 'State of Colorado.
PARCEL
All that portion of the NE1/4 of Section 25, Township 1 North, Range 67
West of the 6th P.M. , County of Weld, State of Colorado, described as
beginning at the Northeast corner of said quarter section;
thence running West along the North line of said Section 25 a distance of
565 feet, more or less, to the Northeast corner of the Town of
Wattenberg, according to the recorded plat of said town;
running thence South 11 degrees 32 minutes East 400 feet to a point;
running thence South 36 degrees 28 minutes West 217. 06 feet to a point;
(said last two courses being the East boundary lines of Blocks 1 and 2 ,
Town of Wattenberg)
thence South 89 degrees 28 minutes West along the South boundary lines of
Blocks 2, 3 and 6 of said town 592 feet;
thence South 48 degrees 30 minutes West 254 feet;
thence South line76 of
degrees
West
Denver,2 feet, more or less, to the Easterly
right of way
Laramie and Northwestern Railway as said
right of way is shown on said
thence Southerly along said East boundary line of said right of way 860
feet to a point;
thence South 78 degrees East 354 feet;
thence South 89 degrees East 200 feet;
thence North 49 degrees 45 minutes East 260 feet;
thence South 89 degrees East 834 feet, more or less, to the East boundary
line of said NE1/4 ;
thence North along said East boundary line of said NE1/4 1543 feet,
or less, to the point of beginning.
more
EXCEPT that part thereof included within a parcel of land conveyed to F.
Haarmann in Warranty Deed recorded in Book 463 at Page 389 .
AND EXCEPT that part thereof included within a parcel of land conveyed to
Weld County, Colorado in Warranty Deed recorded in Book 1213 as Reception
No. 2159173 .
PARCEL3:
All that portion of the W1/2 of the NW1/4 of Section 30,
-N•
orth, Range 66 West of the .6th P.14. , County of Weld, State
1
ate of Colorado,
LEGAL DESCRIPTION
described as beginning ,_
thence running ou h` the Northwest corner of said Section 30;
thence South gd South 1543 feet;
thence due degrees 30 minutes East 1320 feet;
thence Northo90hde1543 feet;
thence South 90 grees West 182 feet to the South Platte River;
River;
e degrees 45 minutes West 235 feet across the South Platte
thence North 63 degrees West 280 feet;
thence North 90 degrees West 783 feet to the Point of Beginning.
PARCEL
•
All that part of the NE1/4 of Section 25, Township 1North
of the 6th P.M. , County of Weld, State of Colorado de
beginning at a Range 67 West
is ning feet East
on the North line of said NE1/4 ofy Section ribed s25 which
sn1247 thence North 89of degrees 28
corner of said NE1/4 ;
rNorth line of said 28 minutes East 872. 39 feet along the
thence South degrees
section;
thence South 11 6 grees 32 minutes East 400 feet;
thence South 89 grees 28 minutes West 217. 06 feet; _
thence South 0o degrees 28 minutes West 817. 71 feet;
Beginning; degrees 32 minutes West 556 feet to the Point of
EXCEPT that portion thereof included within a parcel of land conveyed to
Weld2Count3, Colorado in Warranty Deed recorded in Book 1213 as Reception
N .PARCEL 5 :
All that part of the NE1/4 of Section 25, Township 1 North
of the 6th P.M. , County of Weld, State of Colorado, described as
beginning at a point on Range 67, West
whence the Northwest the West line of the NE1/4 of said Section 25 ,
24 minutes e East a corner of said quarter section bears North o
thence South 0 degreesa24eminutes Wes of 682 . 08 t
degrees
thence South 26 degrees 31 minutes East 6243.3ef;
feet;
thence North 89 degrees 28 minutes East 360. 63
thence North 0 degrees 32 minutes West a distance of 860
thence South 89 feet;
point of beginning;
28 minutes West a distance of 456. 62 feet
ginning; feet to the
EX EPT EXCEPT any portion thereof platted as Caroline Ave. as shown on the Map
Town of Wattenberg.
LEGAL DESCRIPTION
PARCEL
All that part of the NE1/4 of Section 25, Township 1 North, Range 67 West
of the 6th P.M. , County of Weld, State of Colorado,
beginning at a point on the Westerly right of wa
Laramie and Northwestern Railway described as
said Section 25 bears North 32 from whence they North of The Denver,
thence a South 37 degrees degrees 50 minutes West 1739 .Quart2 feet;
of
South line of saidNE1/4 l3 minutes West 1499 feet,
thence North 89 degrees more or less, to the
point on the West 54 minutes East 1014 feet, more or less, to a
thence North 1 degree line of said railroad right of way;
on the North 1 gree 14 minutes West 974 feet
thence bkf a drain ditch; more or less, to a point
feet South of the Southwesterly ntoof the Nnninh bank of said ditch to a point 213
thence North to theoPontfofeBeginning.
EXCEPT that portion thereof included within a
at Stonestreet48 in Warranty Deed recorded February el25f
C.W.C. Page land 2 in nnBookd to
9
1921 Book 619
1.
EXCEPT that portion thereof included within a parcel of land conveyed to
Pearl Funk in Quit Claim Deed recorded in Book 1067 at Page 450.
AND EXCEPT that portion thereof conveyed to Wattenberg
Association, Inc, in Quit Claim Deed recorded in Book 638
No. 1559756.
g Improvement
as Reception
PARCEL
That certain parcel of
North, Ringo 67 land located in the NE1/4 of Section 25,
Colorado, West of the. 6th P.M. , County Township
1West side eing 50 feet wide on the East side and
Weld
of the center line of the right ofState e f
and Northwestern Railway g way of3TheeDenvede on the
through es ur /4 of said Sectionas2originall Laramie
particularly said centeraliaeobein across and
Commencing Y described as follows: g more
which is at a point on the North line of said NE1/4 of said
1047 feet East of the Northwest corner of said NE1/4 of said
Section 25; Section 25
thence South 1 degree 14 minutes East on said center line
785 e
True Point of Beginning; the
thence South 1 degree 14 minutes East to h bank certain t t the
drain ditch as the same is located on and through said NE1/4 of said
Section 25.
LEGAL DESCRIPTION
EXCEPT that portion thereof conveyed to Tony D. Alatore and Henrietta
Alatore in Warranty Decd recorded September 13 , 1995Book l 1as
Reception No . 2455330. in 5__
PARCEL 8 :
A strip of land 100 feet wide, being 50 feet wide on each side of the
center line of the right of way of The Denver, Laramie and Northwestern
Railway Company as originally located over, across and through the 51/2
of the NE1/4 of said Section 25, said center line being more particularly
described as follows:
Commencing at a point = the North line of said NE1/4 of said Section 25
which is 1047 feet East of the Northwest corner of said NE1/4 ;
thence South 1 degree 14 minutes East on said center line 1806 feet, more
or less, to a point on the South bank of a certain ditch as the same is
located on and through said NE1/4 of said Section 25, the True Point of
Beginning;
thence South 1 degree 14 minutes East 854 . 5 feet, more or less, to a
point on the South line of: the NEl/4 of said Section 25 .
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 97-D-2469
CERTIFICATE OF MAILING
I hereby certify that a copy of the above Order was mailed to the following on
July 3, 2001:
Edward Imatani
Banks & Imatani, P.C.
225 Union Blvd., #310
Lakewood, CO 80228
William H. Southard
1025 9th Ave., #309
Greeley, CO 80631
Paul Johns
Assistant U.S. Attorney
Ron Klinefeller
Western Area Power Admin.
U.S. Dept of Energy
P.O. Box 3402
Golden, CO 80401
Fred Wattenberg
2163 U-75 Road
Cederedge, CO 81413
Brad W. Schact
Often, Johnson, Robinson, Neff& Ragonetti, P.C.
DC BOX 10
K N Front Range Gathering
6353 N. 7th Ave
Brighton, CO 80601
Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Beverly Van Oeveren
1130 S. 9th Ave., #107
Sterling, CO 80751
Hazel Collins
P.O. Box 753
Silver Springs, NV 89429
Edward Eugene Henman
1120 Alderson Ave.
Billings, MT 59102
Louise Wattenberg
Brighton Care Center
2025 S. Egbert
Brighton, CO 80601
James Wattenberg
12230 Levi Circle
Henderson, CO 80640
Florence Conter
14600 E. 136th Ave.
Brighton, CO 80601
Robert Wattenberg
12421 Racine
Henderson, CO 80640
Mary Ledford
981 Dakin St.
Denver, CO 80221
Donald Paul Wattenberg
Box 39765
Ninilchik, AK 99639
Helen Lewis
14390 E. Marina Dr., #406
Aurora, CO 80014
Gene Perry
87 Swan Ave
Worchester, MA 01602
E. L. Wattenberg
200 N. 35th Ave., #181
Greeley, CO 80631
Randy Wattenberg
3680 E. 133rd Circle
Thornton, CO 80241
John Wattenberg
247 S. 3rd Ave.
Brighton, CO 80601
Leslie A. Fields
John R. Sperber
Carol A. Deck
Faegre & Benson, LLP
370 17th St., #2500
Denver, CO 80202-4004
Donna Routzen
13525 WCR #8
Ft. Lupton, CO 80621
Martin George Schmidt
294 S. 22nd Ave.
Brighton, CO 80601
Brighton Ditch Co.
11553 WCR 6
Brighton, CO 80601
Candace Janell Kinzie
7125 W. Radcliff
Littleton, CO 80123
Magistrate Judge Patricia A. Coan �Li-Vt Deputy Clerk
Hello