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Home My WebLink About981600.tiff ^JN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO F 1 L t I) UNITED STATES DISTRICT COURT DENVER.COLORADO Civil Action No. 97-1)4469 AUG 1 4 998 ASPHALT PAVING CO., a Colorado Corporation, JAMtb K,MAbart 4IttRR CUM Plaintiff OP CLAP' V. FREDERICK WATTENBERG, also known as FRED WATTENBERG; THOMAS GILHEANY; THE GREAT WESTERN RAILWAY COMPANY; UNITED STATES OF AMERICA; WATTENBERG IMPROVEMENT ASSOCIATION, INC.; X 0 EXPLORATION, 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; 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;EDWARD PERRY; GENE PERRY; E. L. WATTENBERG; RANDY WATTENBERG; JOHN WATTENBERG; ANNA WATTENBERG; AEON ENERGY CO.; ROCKY H. WATTENBERG; HELEN AGNES COLBERT; DENVER PACIFIC RAILROAD AND TELEGRAPH CO.; PUBLIC SERVICE COMPANY OF COLORADO; DONNA ROUTZEN; MARTIN GEORGE SCHMIDT;PANHANDLE EASTERN PIPELINE COMPANY; BRIGHTON DITCH CO.; AND ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION, Defendants. ORDER FOR CFRVICE OF PROCESS BY PUBLICATION THIS MATTER is before the Court on the Motion for Service of Process by Publication filed by Plaintiff Asphalt Paving Co., and the Court having reviewed the same and the file and being otherwise fully advised in the premises; Ae 981600 �\ Lc: CA THE COURT makes the following findings: 1. This is an action in rem to quiet title to certain property located in Weld County, Colorado. 2. The Court is v%titfied that Plaintiff has exercised due diligence in its efforts to identify and obtain personal service upon unknown and known defendants, or that efforts to obtain the same would have been to no avail. THE COURT ORDERS that the attached Summons be published in a newspaper published in Weld County, Colorado for four(4)weeks and that the Clerk of the Court, within fifteen days after the date of this Order, shall mail a copy of the Summons to each person whose address or last known address was stated in the Motion for Service of Process by Publication. DONE this I day of I� -1 • + �.. , 1998. BY THE COURT: .4 ' V 7 Judge Wiley Y. Daniel U. S. District Court Judge 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 97-D-2469 ASPHALT PAVING CO., a Colorado Corporation, Plaintiff, v. FREDERICK WATTENBERG, also known as FRED WATTENBERG; THOMAS GILHEANY; THE GREAT WESTERN RAILWAY COMPANY; UNITED STATES OF AMERICA; WATTENBERG IMPROVEMENT ASSOCIATION, INC.; X O EXPLORATION, 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; 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;EDWARD PERRY; GENE PERRY;E. L. WATTENBERG; RANDY WATTENBERG; JOHN WATTENBERG; ANNA WATTENBERG; AEON ENERGY CO.; ROCKY H. WATTENBERG; HELEN AGNES COLBERT; DENVER PACIFIC RAILROAD AND TELEGRAPH CO.; PUBLIC SERVICE COMPANY OF COLORADO; DONNA ROUTZEN; MARTIN GEORGE SCHMIDT;PANHANDLE EASTERN PIPELINE COMPANY; BRIGHTON DITCH CO.; AND ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION, Defendants. SUMMONS BY PUBLICATION THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned and required to appear and defend against the claims of the complaint filed with the court in this action, by filing with the clerk of this court an answer or other response. You are required to file your answer or other response within thirty (30) days after the service of this Summons upon you. Service of this Summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the court. qg%e0oO If you fail to file your answer or other response to the complaint in writing within thirty(30) days after the date of the last publication,judgment by default may be rendered against you by the court for the relief demanded in the complaint without further notice. This is an action to quiet the title of the Plaintiff in and to the real property situate in Weld County, Colorado, more particularly described on attached Exhibit A. Dated this day of , 1998. BANKS &IMATANI, P.C. By: Edward Imatani 1200 17th Street, Suite 1310 Denver, Colorado 80202 Telephone: (303) 572-6565 ATTORNEYS FOR PLAINTIFF ASPHALT PAVING CO. Published in the First Publication: , 1998. Last Publication: , 1998. This Summons is issued pursuant to Rule 4(g), Colorado Rules of Civil Procedure, as amended effective July 1, 1997. This form should not be used where personal service is desired. 2 9�i eaoo EXHIBIT A LEGAL DESCRIPTION PARCEL 1: The S1/2 of the NW1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M. , County of Weld, 'State of Colorado. PARCEL 2 : 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 76 degrees West 202 feet, more or less, to the Easterly right of way line of The Denver, Laramie and Northwestern Railway as said right of way is shown on said plat; 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 NEl/4 ; thence North along said East boundary line of said NE1/4 1543 feet, more or less, to the point of beginning. 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 . PARCEL 3 : All that portion of the W1/2 of the NW1/4 of Section 30, Township 1 •North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, 9g/&oo • i LEGAL DESCRIPTION • described as beginning at the Northwest corner of said Section 30; thence running due South 1543 feet; thence South 89 degrees 30 minutes East 1320 feet; thence due North 1543 feet; thence North 90 degrees West 182 feet to the South Platte River; thence South CO degrees 45 minutes West 235 feet across the South Platte River; thence North 63 degrees West 280 feet; thence North 90 degrees West 783 feet to the Point of Beginning. PARCEL 4 : • 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, described as beginning at a point on the North line of said NE1/4 of Section 25 which is 1247 . 14 feet East of the Northwest corner of said NE1/4 ; running thence North 89 degrees 28 minutes East 872 . 39 feet along the North line of said quarter section; thence South 11 degrees 32 minutes East 400 feet; thence South 36 degrees 28 minutes West 217. 06 feet; thence South 89 degrees 28 minutes West 817. 71 feet; thence North 00 degrees 32 minutes West 556 feet to the Point of Beginning; EXCEPT that portion thereof included within a parcel of land conveyed to Weld County, Colorado in Warranty Deed recorded in Book 1213 as Reception No. 2159173 . PARCEL 5: 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, described as beginning at a point on the West line of the NE1/4 of said Section 25, whence the Northwest corner of said quarter section bears North 0 degrees 24 minutes East a distance of 682 . 08 feet; thence South 0 degrees 24 minutes West 643 feet; thence South 26 degrees 31 minutes East 243 . 3 feet; thence North 89 degrees 28 minutes East 360. 63 feet; thence North 0 degrees 32 minutes West a distance of 860 feet; thence South 89 degrees 28 minutes West a distance of 456 . 62 feet to the point of beginning; EXCEPT any portion thereof platted as Caroline Ave. as shown on the Map of the Town of Wattenberg. 98i(coo LEGAL DESCRIPTION PARCEL 6 : 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, described as beginning at a point on the Westerly right of way line of The Denver, Laramie and Northwestern Railway from whence the North Quarter corner of said . 2 feet; thence ction 25 bears South h degrees 50 minutes West l South 37 degreeso13minutesWest1499feet, moreor9less, to the South line of said NE1/4 ; thence North 89 degrees 54 minutes East 1014 feet, more or less, to a point on the West line of said railroad right of way; thence North 1 degree 14 minutes West 974 feet, more or less, to a point on the North bank of a drain ditch; thence Southwesterly along the North bank of said ditch to a point 213 feet South of the point of beginning; thence North to the Point of Beginning. EXCEPT that portion thereof included within a parcel of land conveyed to C.W. Stonestreet in Warranty Deed recorded February 25, 1921 in Book 619 at Page 481. 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 Improvement Association, Inc. in Quit Claim Deed recorded in Book 638 as Reception No. 1559756. PARCEL 7 : That certain parcel of land located in the NE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, being 50 feet wide on the East side and 130 feet wide on the West 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 said NE1/4 of said Section 25, said center line being more particularly described as follows: Commencing at a point on the North line of said NE1/4 of said Section 25 which is 1047 feet East of the Northwest corner of said NE1/4 of said Section 25; thence South 1 degree 14 minutes East on said center line 785 feet to the True Point of Beginning; drain thence h degree 14 minutes a the h bank ainditch as the same is located on and through said NE1/4 ofr saidSection 25. Cie) !ate LEGAL DESCRIPTION EXCEPT that portion thereof conveyed to Tony D. Alatore and Henrietta Alatore in Warranty Deed'recorded September 13 , 1995 in Book 1511 as Reception No. 2455330. 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 S1/2 of the NE1/4 of said Section 25, said center line being more particularly described as follows: Commencing at a point on 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 NE1/4 of said Section 25. Wifa) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 97-D-2469 CERTIFICATE OF MAILING ItJST I hereby certify that a copy of this Order was mailed to the following on { , 1998: Keith D. Tooley Welborn Sullivan Meck & Tooley, P.C. 1775 Sherman St., #180 Denver, CO 80203 William H. Southard 1025 9th Ave., #309 Greeley, CO 80631 Robert D. Clark 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 Otten, 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 9g1(000 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 Public Service Co. 1225 17th St. Denver, CO 80202 Donna Routzen 13525 WCR #8 Ft. Lupton, CO 80621 Martin George Schmidt 294 S. 22nd Ave. Brighton, CO 80601 Panhandle Eastern Pipeline Co. 4407 NRR 1 RN Ave. Cushion, OK 73016-9801 Brighton Ditch Co. 11553 WCR 6 Brighton, CO 80601 Edward Imatani Banks & Imatani, P.C. 1200 17th St., #1310 Denver, CO 80202 9f/& ov IN THE UNITED STATES DISTRICT COURT F u L t l) FOR THE DISTRICT OF COLORADO UNITED STATES DISTRICT COURT DENVER.COLORADO Civil Action No. 97-D-2469 AUG 1 4 1998 ASPHALT PAVING CO., a Colorado Corporation, JAMtJ It.INNIVJI'Cf1Kt RCLERK Fri en CM Plaintiff v. FREDERICK WATTENBERG, et al., Defendants. ORDER FOR DEFAULT JUDGMENT THIS MATTER is before the Court on the Motion for Default Judgment filed by Plaintiff Asphalt Paving Co., and the Court having reviewed the same and the file and being otherwise fully advised in the premises; THE COURT makes the following findings: 1. Defendant Martin George Schmidt is in default for his failure to file his answer or other responsive pleading to Plaintiffs Complaint in this action. 2. Defendant Donna Routzen is in default for her failure to file her answer or other responsive pleading to Plaintiffs Complaint in this action. 3. Neither Defendant Martin George Schmidt nor Defendant Donna Routzen is an infant or incompetent person. 4. There is no just reason for delay of entry of default judgment against Defendants Martin George Schmidt and Donna Routzen. 98600 THE COURT ORDERS that default judgment is granted in favor of Plaintiff Asphalt Paving Co. against Defendants Martin George Schmidt and Donna Routzen; and THE COURT FURTHER ORDERS that Defendants Martin George Schmidt and Donna Routzen have no interest, estate nor claim of any kind whatsoever in the Property that is the subject of this action; and THE COURT FURTHER ORDERS that as to Defendants Martin George Schmidt and Donna Routzen,Plaintiff Asphalt Paving Co. is the owner in fee simple and entitled to possession of the Property which is the subject of this action. DONE this / 1—d-a-y of FlAit r y , 1998 BY THE COURT: Wiley Y. aniel U. S. District Court Judge 2 gg,(000 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 97-D-2469 CERTIFICATE OF MAILING AtsE I hereby certify that a copy of this Order was mailed to the following on , 1998: Keith D. Tooley Welborn Sullivan Meck & Tooley, P.C. 1775 Sherman St., #180 Denver, CO 80203 William H. Southard 1025 9th Ave., #309 Greeley, CO 80631 Robert D. Clark 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 Otten, 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 Public Service Co. 1225 17th St. Denver, CO 80202 Donna Routzen 13525 WCR #8 Ft. Lupton, CO 80621 Martin George Schmidt 294 S. 22nd Ave. Brighton, CO 80601 Panhandle Eastern Pipeline Co. 4407 NRR 1 RN Ave. Cushion, OK 73016-9801 Brighton Ditch Co. 11553 WCR 6 Brighton, CO 80601 Edward Imatani Banks & Imatani, P.C. 1200 17th St., #1310 Denver, CO 80202 g51-64-c-r %w000 Hello