HomeMy WebLinkAbout951253.tiff110 C'OU;!TY
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Civil Action No.
-7 t"! II: 51
SUMMONS
ARDYCE E. WINDLER,
Plaintiff
vs.
CLE,.,
JACKIE THROCKMORTON, Defendant;
DELBERT SCHWAB, Defendant;
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Defendant;
THE FARMERS' RESERVOIR AND IRRIGATION COMPANY, Defendant;
UNION PACIFIC RAILROAD COMPANY, Defendant;
INDUSTRIAL GAS SERVICES, INC., Defendant;
ASSOCIATED NATURAL GAS, INC., Defendant;
UNION PACIFIC RESOURCES COMPANY, formerly known as CHAMPLIN PETROLEUM COMPANY, Defendant;
WRIGHTS OIL AND GAS, INC., Defendant;
SOCO WATrENBERG CORPORATION, Defendant;
U. S. WEST COMMUNICATIONS, INC., formerly known as MOUNTAIN BELL TELEPHONE COMPANY, Defendant; and
COLORADO INTERSTATE GAS COMPANY, Defendant;
ARTHUR L. WILLS II, TREASURER, COUNTY OF WELD, STATE OF COLORADO, Defendant.
The People of the State of Colorado
To the Defendant(s) named above:
You are summoned and required to file with the clerk of this court an answer or other response to the attached complaint within
twenty (20) days after this summons is served on you in the State of Colorado, or within thirty (3) days after this summons is served
on you outside the State of Colorado.
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 any further notice to you.
The following documents are also served with this summons: COMPLAINT
Date:
This summons is Issued pursuant to Rule 4, CRCP, as amended.
A copy of the complaint must be served with this summons.
C 0
Fred M. Hamel #3768
Attomey for Plaintiff
155 South Madison, Suite 206
Denver, CO 80209
Phone: 303-322-9981
RETURN OF SERVICE
State of Colorado
County of
I declare under oath that I served this summons and a copy of the complaint in this case on
in County on
at (time) at the following location:
by handing it to a person identified to me as the defendant.
1
OL
0 , l occ 4-
951253
by leaving it with the defendant who refused service.
by leaving it with designated to receive service for the defendant.
- I am over the age of l8 years and am not interested in nor a party to this case.
- I attempted to serve the defendant on occasions but have not been able to locate the defendant.
Retum to the plaintiff is made on (date).
Subscribed and sworn to before me this day of in County, State of
Notary Public Date
_ Private process server
Sheriff, County
Service $
Mileage $
2
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Civil Action No.
COMPLAINT
ARDYCE E. WINDLER,
Plaintiff
vs.
JACKIE THROCKMORTON, Defendant;
DELBERT SCHWAB, Defendant;
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF
COLORADO, Defendant;
THE FARMERS' RESERVOIR AND IRRIGATION COMPANY, Defendant;
UNION PACIFIC RAILROAD COMPANY, Defendant;
INDUSTRIAL GAS SERVICES, INC., Defendant;
ASSOCIATED NATURAL GAS, INC., Defendant;
UNION PACIFIC RESOURCES COMPANY, formerly known as CHAMPLIN
PETROLEUM COMPANY, Defendant;
WRIGHT'S OIL AND GAS, INC., Defendant;
SOCO WATTENBERG CORPORATION, Defendant;
U. S. WEST COMMUNICATIONS, INC., formerly known as MOUNTAIN BELL
TELEPHONE COMPANY, Defendant; and
COLORADO INTERSTATE GAS COMPANY, Defendant;
ARTHUR L. WILLIS II, TREASURER, COUNTY OF WELD, STATE OF COLORADO,
Defendant.
COMES NOW the Plaintiff above named by and through her
attorneys, Fred M. Hamel and William R. McDonald, and for her
complaint would state:
1. This matter concerns the following described real
property, hereinafter referred to as "Property", located in the
County of Weld, State of Colorado:
All of Section 31 Township 4 North, Range 64 West of the 6th
P.M., County of Weld, State of Colorado.
Excepting therefrom a strip of land 40' wide lying adjacent to
and parallel with the west boundary of Section 31 Township 4
North, Range 64 West of the 6th P.M., County of Weld, State of
Colorado. Said strip of land running the entire length of
said Section as conveyed to the County of Weld, State of
Colorado, in deed recorded April 6, 1940 in Book 1060 at page
72.
1
2. Venue is proper in this county pursuant to the provisions
of Rule 98 C.R.C.P. as the land which is the subject of this action
is located in this county.
3. Plaintiff has a 1/2 fee
tenant in common, as evidenced by
1464, at page 69 of the records of
of Weld, State of Colorado.
interest in the Property, as a
a deed recorded 10/20/94, Book
the Clerk and Recorder, County
4. Pursuant to the provisions of 38-28-101 C.R.S et seq.,
Plaintiff is entitled to the division and partition of the
Property, and a complete adjudication of the rights of all the
parties in the Property.
5. Each of the Defendants have an interest in the Property,
direct, beneficial, contingent or otherwise, as follows:
A. Defendant Jackie Throckmorton has a 1/4 fee interest in
the Property as a tenant in common by virtue of a deed
recorded 10/20/94, Book 1464, at page 69, in records of the
Clerk and Recorder, County of Weld, State of Colorado.
B. Defendant Delbert Schwab has an 1/4 fee interest in the
Property as a tenant in common by virtue of a deed recorded on
10/20/94, Book 1464, at page 69, in records of the Clerk and
Recorder, County of Weld, State of Colorado.
C. Defendant The Board of County Commissioner of the County
of Weld, State of Colorado, has an interest in the Property by
virtue of a Right of Way recorded October 14, 1889 in Book 86
at page 273 in the records of the Clerk and Recorder of the
County of Weld, State of Colorado.
D. Defendant The Farmers' Reservoir and Irrigation Company
has an interest in the Property by virtue of a map and
statement recorded December 7, 1909, as Reception No. 6719, in
the records of the Clerk and Recorder of the County of Weld,
State of Colorado.
E. Defendant Union Pacific Railroad Company has an interest
in the Property by virtue of reservations of all oil, coal and
other mineral interests in the Property in deeds recorded
March 21, 1911, in Book 320, at page 51, and recorded May 19,
1911, in Book 320, at page 55 of the records of the Clerk and
Recorder of the County of Weld, State of Colorado, and by
virtue of a Surface Owner's Agreement recorded April 30, 1971,
Book 645, as Reception No. 1566684, in the records of the
Clerk and Recorder of the County of Weld, State of Colorado.
F. Defendant Industrial Gas Services, Inc. has an interest
in the Property by virtue of an easement and right-of-way
agreement recorded October 23, 1973, in Book 701 as Reception
2
No. 1623370 in the records of the Clerk and Recorder of the
County of Weld, State of Colorado.
G. Defendant Associated Natural Gas, Inc., has an interest
in the Property by virtue of an easement and right-of-way
agreement recorded September 21, 1983, in Book 1008, as
Reception No. 1941181, and by virtue of an easement and right-
of-way agreement recorded January 3, 1992, in Book 1322, as
Reception No. 2274028, and may have an additional interest by
virtue of a statement recorded October 10, 1989, in Book 1229,
as Reception No. 2175917, all in the records of the Clerk and
Recorder of the County of Weld, State of Colorado.
H. Defendant Union Pacific Resources Company, formerly known
as Champlin Petroleum Company has an interest in the Property
by virtue of a surface owner's agreement recorded August 17,
1984, in Book 1040, as Reception No. 1977974, in the records
of the Clerk and Recorder of the County of Weld, State of
Colorado.
I. Defendant Wright's Oil and Gas, Inc. has an interest in
the Property by virtue of a surface use agreement recorded
July 31, 1991, in Book 1306, as Reception No. 2257902, in the
records of the Clerk and Recorder of the County of Weld, State
of Colorado.
J. Defendant SOCO Wattenberg Corporation, has an interest in
the Property by virtue of easement and right-of-way agreements
recorded July 13, 1992 in Book 1343 as Reception No. 2295247,
and recorded July 13, 1992 in Book 1343 as Reception No.
2295248, in the records of the Clerk and Recorder of the
County of Weld, State of Colorado.
K. Defendant U. S. West Communications, Inc., formerly known
as Mountain Bell Telephone Company may have an interest in the
Property by virtue of a statement recorded October 1, 1981, in
Book 949 as Reception No. 1870705, in the records of the Clerk
and Recorder of the County of Weld, State of Colorado.
L. Defendant Colorado Interstate Gas Company may have an
interest in the Property by virtue of a statement recorded
August 31, 1984, in Book 1041 as Reception No. 1979784, in the
records of the Clerk and Recorder of the County of Weld, State
of Colorado.
M. Defendant Arthur L. Willis II, Treasurer, County of Weld,
State of Colorado, has an interest theto in
property
by virtue
of the taxes upon the Property, pursuant
WHEREFORE, Plaintiff prays for the Court to enter an Order for
Partition of the Property, for appointment of Commissioners in
respect to the Order of Partition; for an Order confirming the
findings of the Board of Commissioners; or for an Order for the
3
sale of said Property, with distribution of the net proceeds of
such sale as the Court finds appropriate, for attorneys' fees,
costs, and for such other and further relief as is appropriate.
Address of Plaintiff:
14183 E. Layton Drive
Aurora, CO 80015
Respectfully submitted,
CLe --l.•
Fred M. Hamel #3768
155 So. Madison #206
Denver, CO 80209
(303) 322 9981
William R. McDonald #4576
155 So. Madison #206
Denver, CO 80209
(303) 321 3271
4
Hello