HomeMy WebLinkAbout952494.tiffv:FiD COUNTY
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DISTRICT COURT, WELD COUNTY, COLORADO
CLERK
Case No. QS -n.1556 , Division " '- "C.'
/ TO Tr,. �, .,.D
COMPLAINT
WHC LIMITED LIABILITY COMPANY, a Colorado limited liability
company,
Plaintiff,
v.
ARTHUR L. WILLIS, II, TREASURER OF WELD COUNTY, COLORADO; BOARD OF
COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO; EAGLE BAY
INVESTMENTS LLC, a Colorado limited liability company, CARALEE J.
PIERCE; NILE VALLEY FEDERAL SAVINGS & LOAN; TOWN OF ERIE, STATE OF
COLORADO, and all UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE
SUBJECT MATTER OF THIS ACTION
Defendants.
Plaintiff WHC Limited Liability Company ("WHC"), by its
attorneys Isaacson, Rosenbaum, Woods & Levy, P.C., states for its
Complaint:
PRELIMINARY ALLEGATIONS
1. This case concerns a dispute over whether WHC, or
Defendant Eagle Bay Investments, is entitled to receive a
treasurer's deed to certain property as described below.
2. Defendant Caralee J. Pierce is the owner of property
located in Erie Air Park Subdivision and Erie Air Park Subdivision
Replat A in Weld County, Colorado, generally known as 3000 Airport
Drive, an accurate description of which is attached as Exhibit A
("Property").
3. The owner of the Property did not pay the assessed real
property taxes for tax years 1985 and 1986. The Property did not
sell at the regular tax sales for those years.
4. On September 9, 1988, Weld County was issued tax lien
certificate of purchase no. 85-05006/88, for the 1985 taxes. A
copy of this tax lien certificate is attached as Exhibit B ("1985
tax liens").
76827
S524S4
5. On the same date, a tax lien certificate of purchase was
also issued to Weld County for tax year 1986, tax sale certificate
of purchase no. 86-05007/88. A true and accurate copy of the 1986
tax lien certificate is attached Exhibit C ("1986 tax lien").
6. Defendant Board of County Commissioners of Weld County
("BOCC") is named as a party as the holder of the 1985 and 1986 tax
liens.
7. Defendant Arthur L. Willis, II, Treasurer of Weld County
("Treasurer"), has an interest in the Property as a result of tax
liens on the Property for tax years 1985 through 1994. A copy of
the current Treasurer's Certificate of Taxes Due for the Property,
dated October 11, 1995, is attached as Exhibit D.
8. On November 9, 1989, C.H.W. Co. purchased the Property at
the sale for 1988 taxes. Plaintiff WHC is the holder, by
assignment, of tax lien certificate of purchase no. 88-00812/89,
issued to C.H.W. Co. for the Property for tax year 1988 ("1988 tax
lien"). A copy of WHC's tax lien certificate is attached as
Exhibit E, and reflects endorsement of taxes paid by C.H.W. for tax
years 1989 and 1990.
9. In 1991, Defendant Caralee J. Pierce filed for
bankruptcy. On July 6, 1993, 1994, the United States Bankruptcy
Court issued its order abandoning the Property. Accordingly, the
bankruptcy trustee for the estate of Caralee J. Pierce is not named
as a party to this action. A copy of the bankruptcy court's Order
is attached as Exhibit F.
10. Other parties have purchased tax liens against the
Property for subsequent tax years. These persons are not named
here, as their tax liens are not affected by the issues in this
case.
11. More than three years after the issuance of the tax lien
certificate to C.H.W. for 1988 taxes, Plaintiff applied for
issuance of a treasurer's deed. The Treasurer's Notice of Purchase
of Real Estate of a Tax Lien Sale and of Application for Issuance
of Treasurer's Deed, is attached as Exhibit G. As set forth in the
notice, a treasurer's deed was to be issued to WHC on May 26, 1995,
unless the Property was lawfully redeemed.
12. On May 24, 1995, Weld County, by its Treasurer, sold its
1995 tax lien certificate to Defendant Eagle Bay Investments LLC.
Upon information and belief, Eagle Bay Investments paid Weld County
$21,578.87, that being the amount of taxes, fees and interest then
due on the 1985 certificate. Upon information and belief, the sale
76827 2
took place on May 24, 1995, the day before the scheduled issuance
of a treasurer's deed for the Property to WHC.
13. At the time of the sale of the 1985 tax lien certificate
to Eagle Bay Investments on May 24, 1995, taxes in excess of
$10,000 were then due upon the Property.
14. Prior to assignment of the 1985 tax lien certificate to
Eagle Bay Investments, neither Weld County nor the Treasurer
published notice of the proposed sale and the terms thereof in at
least one issue of a newspaper published regularly in Weld County,
as required by C.R.S. S 39-11-122.
15. Upon information and belief, the Treasurer did not obtain
approval for the assignment from the property tax administrator,
as required by C.R.S. S 39-11-122.
16. At the time of the sale of the 1985 tax lien certificate
to Eagle Bay Investments, Eagle Bay investments did not pay all
taxes assessed against the Property since the date of the sale of
the 1985 tax lien, as required by C.R.S. S39-11-120(4).
17. The Treasurer has taken the position that the
requirements of C.R.S. S 38-11-122 do not apply, because the "base
tax" for the Property was less than $10,000 in 1985. A copy of the
County Attorney's letter, with the attached interest calculation
for tax year 1985, is attached as Exhibit E.
18. Upon information and belief, Eagle Bay Investments did
not redeem the 1986 tax lien certificate held by BOCC, upon which
taxes, interest and costs were then due in an amount exceeding
$10,000.
19. On May 26, 1995, Eagle Bay Investments paid the Treasurer
$37,567.39 to redeem the 1988 tax lien certificate held by WHC, in
order to prevent issuance of the treasurer's deed to WHC.
20. On May 26, 1995, $37,698.54 was tendered to WHC by the
Treasurer, this sum being the redemption proceeds paid by Eagle Bay
Investments with $88.85 in interest.
21. WHC denies that Eagle Bay Investments has a lawful
interest in the Property because the assignment to it of the 1985
tax lien did not comply with the statutory requirements for the
sale of a tax lien certificate held by a county. WHC has refused
the tender of the redemption, and has returned the redemption check
to the Weld County Attorney, pending resolution of these issues by
the court.
76827 3
FIRST CLAIM FOR RELIEF
(Declaratory Judgment)
22. Plaintiff repeats and incorporates all previous
allegations.
23. C.R.S. S 39-11-122 authorizes a county to sell to sell
tax ,lien certificates, but mandates that:
". . . no sale of any certificate of purchase issued upon any
real estate upon which taxes in excess of $10,000 are then due
shall be valid unless and until the sale of said certificate
and the terms of said sale are approved by the administrator
after notice of said proposed sale and the terms thereof have
been published in at least one issue of a newspaper published
regularly in the county where said real estate is located, or
if no newspaper is published in said county, then by posting
notice of said proposed sale and the terms thereof at the
county courthouse and two other public places in said county."
24. The Treasurer did not publish notice of the proposed sale
of the 1985 tax lien to Eagle Bay Investments prior to the sale.
25. At the time of the sale of the 1985 tax lien certificate
of purchase to Eagle Bay Investments, taxes in excess of $10,000
were then due on the Property.
26. The County Treasurer has certified, in Exhibit D, that
the taxes due on the Property, as of October 11, 1995, are
$107,606.77.
27. The assignment of the county's 1985 tax lien certificate
to Eagle Bay Investments is null and void, for failure to comply
with the statutory requirements.
28. Eagle Bay Investments did not have any legal or equitable
interest in the Property on May 26, 1995, and was not entitled to
redeem the 1988 tax lien certificate held by WHC.
29. Because no party with a legal or equitable interest in
the Property redeemed the Property within the time allowed by
statute, WHC was entitled to issuance of a treasurer's deed for the
Property on May 26, 1995.
30. WHC is entitled to a declaratory judgment that it is
entitled to a treasurer's deed to the Property, that Eagle Bay
Investments had no right to redeem the 1988 tax lien, and a
mandatory injunction directing the Treasurer to issue a treasurer's
deed to WHC.
76827 4
Wherefore, Plaintiff WHC Limited Liability Company demands a
declaratory judgment that the assignment of the 1985 tax lien by
Weld County to Eagle Bay Investments is null and void; that Eagle
Bay Investments had no legal or equitable interest in the Property
on May 26, 1995, and had no right to redeem from the sale of the
Property on the 1988 tax lien; that WHC is entitled to issuance of
a treasurers deed for the Property, as provided in the lawful
notices given by the Weld County Treasurer; and directing the Weld
County Treasurers to issue a treasurer's deed to WHC based on its
1988 tax lien.
SECOND CLAIM FOR RELIEF
(Quiet Title)
31. Plaintiff repeats and incorporates all previous
allegations.
32. WHC is entitled to a treasurer's deed to Property,
effective May 26, 1995.
33. No other Defendant, with the exception of Eagle Bay
Investments, attempted to redeem WHC's tax lien certificate prior
to May 26, 1995, the date advertised by the Weld County Treasurer
for delivery of the deed to WHC.
34. The interest of all other Defendants in the Property,
except any lawful tax liens arising after 1990, has been terminated
by the tax lien sale based on WHC's foreclosure of the lien for
1988 taxes (endorsed through 1990).
35. WHC is the lawful owner of the Property in fee simple.
36. The named Defendants claim same right, title or interest
in and to the Property adverse to Plaintiff. The claims of said
Defendants are without foundation or right, except as noted above.
WHEREFORE, Plaintiff requests a complete adjudication of the
rights of all parties to this action with respect the Property
pursuant to C.R.C.P. 105; for a decree determining that the
Defendants and each of them have no interest, estate or claim of
any kind whatsoever in the Property, excepting the Treasurer's lien
for current taxes due subsequent to tax year 1990, if any; forever
barring and enjoining the Defendants from asserting any claim or
title thereto, quieting the title of the Plaintiff in and to the
Property and adjudging that the Plaintiff is the owner in fee
76827 5
simple entitled to possession of the Property; and for such other
relief as the court may determine to be appropriate.
Respectfully submitted November 11, 1995.
ISAACSON, ROSENBAUM, WOODS & LEVY, P.C.
By: (��I
Frederick B. Skillern, #7983
Patricia Hill Kelley, /19828
633 17th Street, Suite 2200
Denver, Colorado 80202
Telephone: (303) 292-5656
ATTORNEYS FOR WHC LIMITED LIABILITY
COMPANY
Plaintiff's address:
WHC Limited Liability Company
6950 West Belleview /202
Englewood, Colorado 80111
76827 6
RE: Our Order No.: T034997
PARCEL 1:
Tract E,
ERIE AIR PARK SUBDIVISION,
Weld County, Colorado;
excepting therefrom the following described tracts of land:
1) That tract of land conveyed to Silverado Capital Corporation by Sheriff's
Deed recorded June 9, 1987 in Book 1159 as Reception No. 2102824;
2) That tract of land conveyed to Robert Lee Rock by Deed recorded December
11, 1985 in Book 1095 as Reception No. 2035469;
3) The South 670 feet of said Tract E lying West of Airport Drive; and
4) That part of said Tract E which is more particularly described as follows:
Beginning at the SW Corner of Section 31, Township 1 North, Range 68 West
of the 6th P.M.; thence North 00O01' East6 736.84 feet; thence South
89o34' East, 691.88 feet; thence North 01 04' East to the Northwesterly
line of Airport Drive and the True Point of Beginning; thence North
01O04' East to the North line of the S 1/2 SW 1/4; thence South 89o34'
East to the Northwesterly line of Airport Drive; thence Southwesterly
along the Northwesterly line of Airport Drive to the point of beginning;
All of the above described property now being known as Outlot A, and Lot 2,
ERIE AIR PARK SUBDIVISION REPLAT A, as per plat recorded September 4, 1992 in
Book 1350 as Reception No. 2302520.
PARCEL 2:
That part of Tract D, ERIE AIR PARK SUBDIVISION, Weld County, Colorado, which
is located in the North 1/2 of the Southwest 1/4 of Section 31, Township 1
North, Range 68 West of the 6th P.M., lying South and East of Airport Drive.
EXHIBIT A
TREASURER'S OFFICE, At2243`.
COUNTY OF WELD STATE OF COLORADO
2155526
Zttx dale Tertifirttie of Purrllttsr
I HEREBY CERTIFY, Thgt a Sale of Real Estate, situate in
Taxes for the year 19 t t eCCounty, Treasurer's Office
in accordance with the Law, WE
Tract hereinafter described, as having been sold, for which he
"Total paid" for Certificate, being the amount of Taxes on the whole
interest until redemption at the maximum statutory rate'.
the County of Weld, "S }efi 9o)5olorado for Delinquent
in the County aforesaid, on ,
was the Purchaser of the
paid the sum of money set opposite the caption
of said estate and for which he is to receive
YEAR
85
SCHEDULE NUMBER
5533236
NAME OF OWNER WHEN KNOWN
PIERCE CARALEE J
DESCRIPTION OF PROPERTY TAXED AND SOLD
ERI EA-TE1 PT TRACT F E D ERIE AIP PARK SUB
DESC AS CON SW COR SEC 31 1 a3 NODOIFE 132C.33I
TO POB N To C/L COAL CREEK THENCE NELY ALONG C/L
TO N LN OF TRACT F EXTENDED WLY THENCE E TO W LN
OF ULK6 S132C•46F N89D35.i4 131FL14i TO POa
%3000 AIRPORT DR%
B 1209 REC 02155526 09/14/88 12:01 $0.00 1/002
F 1267 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
**SEE CORRECTION TO LEGAL DESCRIPTION ON BACK OF THIS CERTIFICATE**
2439887 B-1493 P-732 05/26/95 01:58P PG 1 OF 2 REC DOC
Weld County CO Clerk & Recorder
R ts2146731C' 05014
0.00
COSTS
TAXES
INTEREST
ADVERTISING
CIF. FEE
4306,72
2652.42
20.00
.00
TOTAL COSTS 11979 • 1 4
PREMIUM BID
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL, THIS
*THIS CERTIFICATE IS TO BEAR INTEREST UNTIL
REDEMPTION AT THE INTEREST RATES SET FORTH
IN CHAPTER 137 C.R.5., AS AMENDED.
EX8113IT B
INTEREST ,RAT`_': IS.,O^.3%
RECORD OF SUBSEQUENT TAXES PAID AND ENDORSED
YEAR
9
DATE OF PAYMENT
0
DAY
YEAR
SCHEDULE NO
AMOUNT PAID
26
0217188
95 IS CERT
812/89
$37567.39
19
,6666
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13
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s.ui Cam" T. S , �a4pF
WELD COUNTY TREASURER)
BY
A 19 ae
SEAL
85—05006/88
TAX SALE CERTIFICATE NO
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B 1209 REC 02155526 09/14/88 12:01 $0.00
F 1268 MARY ANN FEUERSTEIN CLERK & RECORDER WELD
CORRECTING THIS LEGAL DESCRIPTION AS OF MAY 25, 1995.
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88/90050-58
ERI EA-RA2 PARCEL 1: L2 & OUTLOT A ERIE AIR PARK SUB REPLAT A & PARCEL 2: THAT PT TRACT D
ERIE AIR PARK SUB LYING IN N2SW4 31 1 68
FORMERLY DESCRIBED AS:
ERI EA-TE1 PT TRACT E & D ERIE AIR PARK SUB DESC AS COM SW COR SEC 31 1 68
NODO1'E 1320.33' TO POB N TO S LN OF COAL CREEK TH NELY ALONG SAID S LN TO
N LN OF TRACT E EXTENDED WLY TH E TO W LN OF BLK6 S1320.46' N89D35'W 1318.14'
TO POB EXC AIRPORT DR & WCR 1 ALSO EXC WD TO ROBERT LEE ROCK 12/11/85 BK
1095 REC #2035469 ALSO EXC PT OF SHERIFFS DEED TO SILVERADO CAPITAL CORP
6/9/87 BK 1159 REC #2102824 DESC AS BEG SW COR SEC 31 1 68 NOIDO4'E 1320.33'
S89D34'E 30' TO TRUE POB NOIDO4'E 461.13' TO S LN COAL CREEK R/W N53D40'E
339.64' N39D48'E 145.37' N14D33'W 103.03' N21D31'E 236.95' N16D41'W 83.61'
S84D59'E 126.31' S16D53'E 212.8' N42D42'E 297.3' N67D09'E 116.43' TO PT 400'
W OF E LN NW4SW4 SOD58'W 1195.88' TO N LN AIRPORT DR $69D30'W 94.95' TO N LN
SW4SW4 N89D35'W TO POB %3000 AIRPORT DR%
for value received, the County of Weld, State
of Colorado hereby sells, transfers and assigns
to EAGLE BAY INV.UMWTS..J.LC
all its right, titfe�`c'ainiaini.e est in and to the
within tax salgurtifiCate. 54.?88 PT, dated
at Greeley, C�orado, tfits2�H�a�y of.MAY.,....1.99S.
COw1Ws' e`esurer - DEPUTY
2439887 B-1493 P-732 05/26/95 01:58P PG 2 OF 2
Artd4.19d85
WE'D
COLORADO
OFFICE OF THE COUNTY TREASURER
PHONE (303) 353.3845. EXT. 3250
POST OFFICE BOX 458
GREELEY, COLORADO 80632-0458
2439885 8-1493 P-730 05/26/95 01:56P PG 1 OF 1
'Weld County CO Clcrk & Recorder
MAY 25, 1995
TO CORRECT REDEMPTION TS CERT 85-5006/88 PT
TS CERT 86-5007/88 PT
ROCK, ROBERT L.
PARTIALLY REDEEMING THIS LEGAL DESCRIPTION:
-1 A rt , ,
4, m •r
ERI EA-TE1-A PT TRACT E ERIE AIR PARK SUB BEG AT PT ON
E LN OF TRACT E NOD58'E 522.58' FROM N LN OF 5511' OF
E400' OF NW4SW4 OF SEC 31 1 68 NOD58'E 162.47' OF NLY
ALONG A CURVE TO THE LEFT 35.59 RADIUS OF 30' CHORD
BEARS N33DW 33.54' NLY ALONG CURVE TO THE RIGHT 137.86'
RADIUS OF 50' CHORD BEARS N11D59'E 98.16' TO NE COR OF
TRACT E N89D35'W 100.21' $61D01'W 311.36' SOD58'W 133.74'
S89D35'E 370' TO POB
PARCEL #R146731005014
1985 TAXES
BK 1211 REC 07157677 10/05/88 10:01
F 1600 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1986 TAXES
BK 1211 REC 02157676 10/05/88 10:01
F 1599 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1987 TAXES
B 1211 REC 02157669 10/05/88 10:00
F 1592 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1
ARTHC{ L2 S ¶
TREA511?} W$LD ,LINTY
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' Cf` N14.`-
REC DOC
0.00
Adr4j ltlne +39860 -I4JJ 1'=.f1 UD/'u/95 Ul:57P R'
Weld Cou. y CO Clerk & Recorder
ir'} k`
t
tf k.' lilit
Wine
COLORADO
MAY 25, 1995
TO CORRECT REDEMPTION TS CERT 85-5006/88 PT
TS CERT 86-5007/88 PT
SILVERADO BANKING
PARTIALLY REDEEMING THIS LEGAL DESCRIPTION:
OF 1
REC DOC
0.00
OFFICE OF THE COUNTY TREASURER
PHONE (303) 353.3845, EAT 3250
POST OFFICE BOX 453
GREELEY, COLORADO 80632-0458
BEG SW COR 31 1 68 NO1D04'E 1320.33' S89D34'E 30' TO TRUE POB
NO1D04'E 461.13' TO S LN COAL CREEK R/W N53D40'E 339.64'
N39D48'E 145.37' N14D33'W 103.03' N21D31'E 236.95' N16D41'W 83.61'
584D59'E 126.31' 5161753'E 212.8' N42D42'E 297.3' N67D09'E 116.43'
TO PT 400' W OF E LN NW4SW4 SOD58'W 1195.88' TO N LN AIRPORT DR
569O30'W 94.95' TO N LN SW4SW4 N89D35'W TO POB
PARCEL #R146731005014
1986 & 1987 TAXES
BK 1211 REC 02157665 10/05/88 09:59
F 1588 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1985 TAXES
BK 1211 REC 02157666 10/05/88 09:59
F 1589 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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TREASURER'S OFFICE, Ar<215 r .,51
COUNTY OF WELD STATE OF COLORADO
AI'_155St'_7
Zttx 3ttlr (Crrtifirttte of purrlwse
I HEREBY CERTIFY, ThRt5 a Sole of Real Estate, situate in the County of Weld, rS1p/!)9 '/a Ecolorado for Delinquent
Taxes for the year 19 WFCb tInGsviiitt Treasurer's Office in the County aforesaid, on
in accordance with the Law, was the Purchaser of the
Tract hereinafter described, as having been sold, for which he paid the sum of money set opposite the caption
"Total paid" for Certificate, being the amount of Taxes on the whole of said estate and for which he is to receive
interest until redemption at the maximum statutory rate'.
YEAR
86
SCHEDULE NUMBER
5 's 132U6
NAME OF OWNER WHEN KNOWN
PIEHC4 CARALEE J
DESCRIPTION OF PROPERTY TAXED AND SOLD
Eat EA—Tc.1 PT TRACT E . U ERIE AIR PARK SUB
UF_SC AS COM SW CDR SEC 31 1 OH NODO1EE 132'.33'
TO POD N TO C/L COAL CREEK THENCE NELY ALONG C/L
TO N LN OF TRACT E EXTENDED WLY THENCE E TO W LN
OF BLK6 .S1320.46s Nd9U3SSW 1318.14' TO P08
%3^00 AIRPORT DR%
rai,
.,,
B 1209 REC 02155527 09/14/88 12:01 $0.00 1/002
F 1269 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
B 1211 REC 02157659 10/05/88 09:28 $0.00 1/002
F 1580 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1262146731005014
COSTS
TAXES
INTEREST
ADVERTISING
CTF FEE
9803.46
1017.57
.00
.CO
11421.03
TOTAL COSTS
PREMIUM BID
RD OF SUBSEQUENT TAXES PAID AND ENDORSED
YEAR
19f)2,
DATE OF PAYMENT
MO.
OM
YEAR
SCHEDULE NO.
AMOUNT PAID
SEP
1 6 1gB8
SC.
/r�
58332 St
0.2/7aEn
75R0
/(o
19
19,___
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL, THIS
*THIS CERTIFICATE IS TO BEAR INTEREST UNTIL
REDEMPTION AT THE INTEREST RATES SET FORTH
IN CHAPTER 137 C.R.5., AS AMENDED. '
EXHIBIT C
INTEREST BAT:: 15.0C^"?'.
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'SEAL
86-05307/88
TAX SALE CERTIFICATE NO.
DEPUTY
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B 1209 REC 02155527 09/14/88 12:01 $0.00 2/002
F 1270 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
B 1211 REC 02157659 10/05/88 09:28 $0.00 2/002
F 1581 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
2
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OFFICE OF THE COUNTY TREASURER
PHONE (303) 353-3845. EXT. 3250
POST OFFICE BOX 458
GREELEY, COLORADO 60632-0458
III O 2439885 B-1493 P-730 05/26/95 01:56P PG 1 OF 1
'Weld County CO Clerk & Recorder
COLORADO
MAY 25, 1995
TO CORRECT REDEMPTION TS CERT 85-5006/88 PT
TS CERT 86-5007/88 PT
ROCK, ROBERT L.
PARTIALLY REDEEMING THIS LEGAL DESCRIPTION:
ERI EA-TE1-A PT TRACT E ERIE AIR PARK SUB BEG AT PT ON
E LN OF TRACT E NOD58'E 522.58' FROM N LN OF S511' OF
E400' OF NW4SW4 OF SEC 31 1 68 NOD58'E 162.47' OF NLY
ALONG A CURVE TO THE LEFT 35.59 RADIUS OF 30' CHORD
BEARS N33DW 33.54' NLY ALONG CURVE TO THE RIGHT 137.86'
RADIUS OF 50' CHORD BEARS N11D59'E 98.16' TO NE COR OF
TRACT E N89D35'W 100.21' 561D01'W 311.36' SOD58'W 133.74'
589D35'E 370' TO POB
PARCEL #81.46731005014
1985 TAXES
BK 1211 REC 02157677 10/05/88 10:01
F 1600 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1986 TAXES
BK 1211 REC 02157676 10/05/88 10:01
F 1599 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1987 TAXES
B 1211 REC 02157669 10/05/88 10:00
F 1592 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
REC DOC
0.00
• AKd415,1aa
243968u
Weld Cou
OF 1
COLORADO
+-L-'Ui
I CO
P-731 05/26/95 01:57P PC
Clerk & Recorder
MAY 25, 1995
TO CORRECT REDEMPTION TS CERT 85-5006/88 PT
TS CERT 86-5007/88 PT
SILVERADO BANKING
PARTIALLY REDEEMING THIS LEGAL DESCRIPTION:
BEG SW COR 31 1
NO1D04'E 461.13'
N39D48'E 145.37'
S84D59'E 126.31'
TO PT 400' W OF
569D30'W 94.95'
REC t)OC
0.00
OFFICE OF THE COUNTY TREASURER
PHONE (303) 353.3845. E;(T. 3250
POST OFFICE 00x 458
GREELEY, COLORADO 80632-0458
68 NO1D04'E 1320.33' S89D34'E 30' TO TRUE POB
TO S LN COAL CREEK R/W N53D40'E 339.64'
N14D33'W 103.03' N21D31'E 236.95' N16D41'W 83.61'
516D53'E 212.8' N42D42'E 297.3' N67D09'E 116.43'
E LN NW4SW4 SOD58'W 1195.88' TO N LN AIRPORT DR
TO N LN SW4SW4 N89D35'W TO POE
PARCEL #8146731005014
1986 & 1987 TAXES
BK 1211 REC 02157665 10/05/88 09:59
F 1588 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1985 TAXES
BK 1211 REC 02157666 10/05/88 09:59
F 1589 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
/��_-. fir•
•
ARTHUR'L:?e LLIS
TREASURER„O3 ! .ki C V
STATE OF COLORADO
S. S.
COUNTY OF WELD
CERTIFICATE OF TAXES DUE V
PIN NO.
CANCEL
NAME
VENDOR
NO.
I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales.
Wears of record in the office, on the following described property, to -wit:
0217188
62146731000021
PIERCE CARALEE J
WELD COUNTY TITLE 1661
034997
R
EXCEPT -
1994 TAXES $3,861.48
ERI EA-RA2 PARCEL 1: L2 & OUTLOT A ERIE AIR PAR
SUB REPLAT A & PARCEL 2: THAT PT TRACT D ERIE AI
PARK SUB LYING IN N2SW4 31 1 68
43000 AIRPORT DR%
TAX SALE CTF. #05006 PT OF THE '88 TAX SALE FOR THE '85 REAL ESTATE TAXES
THE AMOUNT NECESSARY TO REDEEM BEING - ,, $22390.39
TAX SALE CTF. #05007 PT OF THE '88 TAX SALE FOR THE '86 REAL ESTATE TAXES
WITH THE '87 TAXES ENDORSED THEREON - AMOUNT TO REDEEM - $20524.50
TAX SALE CTF. #00812 OF THE '89 TAX SALE FOR'THE '88 REAL ESTATE TAXES WITH
THE '89 AND '90 TAXES ENDORSED THEREON - AMOUNT TO REDEEM - $39013.13
TAX SALE CTF. #00512 OF THE '94 TAX SALE FOR THE '91 REAL ESTATE TAXES
THE AMOUNT NECESSARY TO REDEEM BEING - $11.383.83
TAX SALE CTF. #00513 PT OF THE '94 TAX SALE FOR THE '92 REAL ESTATE TAXES
THE AMOUNT NECESSARY TO REDEEM BEING - $5385.74
TAX SALE CTF. #00514 OF THE '94 TAX SALE FOR THE '93 REAL ESTATE TAXES WITH
THE '94 TAXES ENDORSED THEREON - AMOUNT TO REDEEM - $8909.15
THE REDEMPTION FIGURE(S) ABOVE MUST BE PAID WITH CASH OR CASHIERS CHECK.
THE TOTAL AMOUNT BELOW IS GOOD THROUGH OCTOBER 31, 1995.
TOTAL AMOUNT DUE FOR THIS PARCEL IS $107606.77
TAX AUTHORITY
WELD COUNTY
NCW WATER
MOUNTAIN VIEW F
WELD LIBRARY
LEVY TAX TAX AUTHORITY LEVY
22.038
1.000
7.817
1.500
873.37
39.63
309.79
59.45
SCHOOL DIST RE1 50.452
ERIE TOWN 12.824
MTN VIEW FIRE(B 1.807
TAX
9.41
505.12
This doss not include land or improvements assessed separately unless specifically requested. Information regarding special taxing
districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners, the County Clerk and
Recorder, or the County Assessor.
EXHIBIT D
ARTHUR L. WILLIS II (JCT L _
TREASURER OP WELD COUNTY
By _
DEPUTY
TREASURER'S OFFICE,
*R221.1717
COUNTY OF WELD AR23""409
STATE OF COLORADO
AR22263S9 flax 'li Tr ttitiat of tittritlaur AR2391892 r
I HEREBY CERTIFY, That a Sole of Real Estate, situate in the County of Weld, State of Colorado for Delinquent
Taxes for the year 19 B8 at the County Treasurer's Office in the County aforesaid, on 11/09/69
•
in accordance with the Low, Ci: H. Ye Co. was the Purchaser of the
Tract hereinafter described, as having been sold, for which he paid the sum of money set opposite the caption
"Total paid" for Certificate, being the amount of Taxes on the whole of said estate and for which he is to receive
interest until redemption at the maximum statutory rate.
/ YEAR SCHEDULE NUMBER NAME OF OWNER WHEN KNOWN
88
0217188
PIERCE CARALEE J
DESCRIPTION OF PROPERTY TAXED AND SOLD
**CORRECTED ASSESSMENT 4757-94 JUNE 02, 1994 — SEE BACK OP CERTIFICATE**
ERI EA-TE-1 TRACT E ERIE AIR PARK SUB EXC PARCEL
DEEDED TO SILVERADO CAPITAL CORP BY own in s DEED
BKlls9 REC *2102824 6/9/87 ALSO EXC PARCEL DEEDED
TO ROBERT LEE ROCK BK1095 REC 82035469 12/11/85
•3000 AIRPORT DR%
B 1275 REC 02226359 09/06/90 11:28 43.00 1/002
F 1503 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
B 1309 REC 02261797 09/03/91 15:41 $5.00 1/002
F 1989 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
B 1426 REC 02373409 02/11/94 12:55 $5.00 1/002
F 1536 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
COSTS
R62146731000021
B 1445 REC 02391842 06/06/94 13:12 $0.00 1/002
P 0555 MARY ANN M UM BED RECORD OFSUBSEOUENT
CLERK RECORDER
FSUE
LD CO, CO
PRNT TAXES PAID AND ENDORSED
TAXES 411519_ art 100.00
INTEREST 3RA_54 TOTAL 6363.54
ADVERTISING 24.50
CF. FEE 4.0n
TOTAL COSTS 6263.54
YEAR DATE OF PAYMENT SCHEDULE NO.
MO. DAY TEAR
e US,$11_OALizig
AIM 3 u pit
trOdr)/R3
AMOUNT PAID
7/3Q87
19
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL. THI
*THIS CERTIFICATE IS TO BEAR INTEREST UNTIL
REDEMPTION AT THE INTEREST RATES SET FORTH
IN CHAPTER 137 C.R.5., AS AMENDED.
EXHIBIT E
".O-COUNT`r TREASURER
eI.
SEAL
CC PU1
I!37c'CEST RATE: 16.0000% TAX SALE CERTIFICATE NO. 88-00612/89
S
It
.'
373
tq
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C
Uri
=
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a
B 1275
F 1504
B 1309
F 1990
D
CD
4
C
S
C
Ca
O
m
:r
68616 0' /ION
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X
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O
x o
C 0
REC 02226359 09/06/90 11:28 53.00
m
m
2/002
MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
REC 02261797 09/03/91 15:41 $5.00 2/002
MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
B 1426 REC 02373409 02/11/94 12:55 $5.00 2/002
F 1537 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
B 1445 REC 02391842 06/06/94 13:12 $0.00 2/002
F 0556 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
** ERI EA-TE-1 PARCEL 1) TRACT E ERIE AIR PARK SUB EXC SHERIFFS DEED TO SILVERADO
CAPITAL CORP 6/9/87 BK 1159 REC #2102824 ALSO EXC WD TO ROBERT LEE ROCk'12/11/85
BK 1095 REC #2035469 ALSO EXC S670' TRACT E ERIE AIR PARK SUB LYING W OF AIRPORT
DR ALSO EXC PT TRACT E ERIE AIR PARK SUB BEG SW COR SEC 31 1 68 NODO1'E 736.84'
589D34'E 691.88' NO1D04'E TO NW LN AIRPORT DR & TRUE POB NOIDO4'E TO N LN S2SW4
S89D35'E TO NW LN AIRPORT DR TH SWLY ALG NW LN AIRPORT DR TO BES PARCEL 2) THAT
PT TRACT D ERIE AIR PARK SUB LYING IN N2SW4 31 1 68 23000 AIRPORT DRY
2
0
69/ZIS00-90
DISTRICT O
JUL -6
UNITED STATES BANKRUPTCY CURT
FOR THE DISTRICT OF COLO '0
In Re
CARALEE JEAN PIERCE, aka Caralee
J. Pierce, Mrs. Thomas L. Pierce,
Debtor.
BRADFORD L. cc-'
By.........
Case No. 91-13062 PAC
Chapter 7
ORDER APPROVING TRUSTEE'S ABANDONMENT OF PROPERTY KNOWN
AS 3000 AIRPORT DRIVE PURSUANT TO 11 U.S.C. § 554(a)
Upon the Trustee's Motion To Abandon Property Known As 3000
Airport Drive Pursuant To 11 U.S.C. § 554(a), and it appearing that
the property known as 3000 Airport Drive, Erie, Colorado is of
inconsequential value to the estate and burdensome to the estate,
it is
ORDERED that the Trustee's abandonment of the real property
known as 3000 Airport Drive, Erie, Colorado, is approved.
DATED:
(a+ j/, q i, BY TH COURT
I
UNITED STATES BANKR
TCY JUDGE
Nat
Notice sent to:
Matthew D. Skeen
1700 Lincoln Street
Suite 3050
One United Bank Center
Denver, CO 80203
Andrew Snyder
8400 East Prentice Avenue
Suite 600
Englewood, CO 80111
Stuart L. Shapiro
707 17th street
Suite 3000
Denver, CO 80202
Richard C. Nehls
190 Arapahoe Ave.
Boulder, CO 80302
Jack R. Fay
34000 Yankee Drive
Eagan, MN 55122
Risa Lynn Wolf
555 17th Street
Suite 2900
P.O. Box 8749
Denver, CO 80201
Barry Meinster
5353 W. Dartmouth Ave.
Suite 300
Denver, CO 80227
Jeanne Y. Jagow
4 W. Dry Creek Circle
Suite 240
Littleton, CO 80120
Caralee J Pierce
350 Baron Court
Erie, CO 80516
JNI
Resolution Trust C
Dallas D. Hainlinei,_,egal Division
P.O. Box 419570
Kansas City, Mo 64141
Resolution Trust Co;
1515 Arapahoe
Tower 3, 6th Floor
Denver, CO 80202
Resolution Trust Cor
Legal Division - Bankruptcy
3400 Yankee Drive
Eagan, MN 55122
Resolution Trust Cor
Re: Gibraltar Savings, F.A.
Legal Support/Bankruptcy
P.O. Box 10044
Van Nuys, CA 91410
La Plata County Trea
P 0 BOX 99
Durango, CO 81302
NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF
APPLICATION
FOR ISSUANCE OF TREASURER'S DEED
DEED #3791
To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot
or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to
all Persons having an Interest or Title of Record in or to -the said Premises and To Whom It May
Concern, and more especially to: CARALEE J. PIERCE.
You and each of you are hereby notified that on the 9TH day of NOVEMBER A.D. 1989,
the then County Treasurer of the County of Weld, in the State of Colorado, sold at public tax lien
sale to C.H.W. CO. the following described real estate situate in the County of Weld, State of
Colorado, to -wit: ERI EA-TE-I PARCEL 1) TRACT E ERIE AIR PARK SUB EXC
SHERIFFS DEED TO SILVERADO CAPITAL CORP 6/9/87 BK 1159 REC #2102824 ALSO
EXC WD TO ROBERT LEE ROCK 12/11/85 BK 1095 REC #2035469 ALSO EXC $670'
TRACT E ERIE AIR PARK SUB LYING W OF AIRPORT DR ALSO EXC PT TRACT E
ERIE AIR PARK SUB BEG SW COR SEC 31 1 68 NOID01'E 736.84' S89D34'E 691.88'
N01D04'E TO NW LN AIRPORT DR & TRUE POB NO1D04'E TO N LN S2SW4 S89D35'E
TO NW LN AIRPORT DR TH SWLY ALG NW LN AIRPORT DR TO BEG PARCEL 2)
THAT PT TRACT D ERIE AIR PARK SUB LYING IN N2SW4 31 1 68 %3000 AIRPORT
DR% and said County Treasurer issued a certificate of purchase therefor to C.H.W. CO.. That said
tax lien sale was made to satisfy the delinquent GENERAL taxes assessed against said real estate
for the year 1988; That said real estate was taxed or specially assessed in the name of CARALEE
J. PIERCE for said year 1988; That on the 31ST day of JANUARY, 1994, said C.H.W. CO.
assigned said certificate of purchase to WHC LIMITED LIABILITY COMPANY. That said
WHC LIMITED LIABILITY COMPANY, the present holder of said certificate, has made request
upon the Treasurer of said County for a deed to said real estate;
That a Treasurer's Deed will be issued for said real estate to the said WHC LIMITED
LIABILITY COMPANY at Two o'clock P.M. on the 26TH of MAY A.D. 1995, unless the same
has been redeemed.
Said property may be redeemed from said sale at any time prior to the actual execution of
said Treasurer's Deed.
Witness my hand this 25TH day of JANUARY, A.D. 1995.
EXHIBIT G
PHYLLIS BATT, DEPUTY
County Treasurer of Weld County
STATE OF COLORADO
} ss.
County of Weld:
That I deposited in the Post Office at Greeley in the State of Colorado, a true copy of the
within Notice, enclosed in an envelope to be sent by certified mail, -with postage and registration
fee prepaid and addressed to each of the following named persons at the address -set opposite the
respective name, to -wit:
NAME & ADDRESS
CARALEE J. PIERCE, P O BOX 521, HOOKER, OK 73945
EATON METAL PRODUCTS COMPANY, ATTENTION GLORIA SHELTON, °/
FAIRFIELD & WOOD PC. 1700 LINCOLN, SUITE 2400, ONE NORWEST CENTER,
DENVER CO 80203 4524
TRI-COUNTY AIRPORT INC, % GARY G PESCHEL & MHARI NI PESCHEL, 175
PARAGON DRIVE, BOULDER CO 80302
ESTATE OF THOMAS LACLEAD PIERCE, % CARALEE J PIERCE, P O BOX 521,
HOOKER OK 73945
PHILIP L KING, °A° GEORGE R VAHSHOLTZ, VAHSHOLTZ, & ANDERSON, 14 W
COSTILLA ST, COLORADO SPRINGS CO 80903
NILE VALLEY FEDERAL SAVINGS & LOAN, °A° RESOLUTION TRUST CORP, % JOHN
H BERNSTEIN, KUTAK & ROCK LAW FIRM, 717 17TH STREET, SUITE 2900, DENVER
CO 80202
TOWN OF ERIE, % DOUGLAS C THORBURN, THORBURN, SAKOL & THRONE, 255
CANYON BLVD, BOULDER CO 80302
WELD COUNTY, % LEE MORRISON, 915 10TH STREET, GREELEY CO 80631
FUNB AS CUSTODIAN PER CUSTODY AGREEMENT, 200 S BISCAYNE BLVD 14TH
FLOOR, MIAMI FL 33131
WINDSOR BEACON, 425 MAIN, WINDSOR CO 80550
That I caused the within Notice to be published three times at intervals of one week, in the
Windsor Beacon a newspaper published in the County in -which said premises are situate, proof of
publication being filed herewith.
tIgis
26 '55 13:37 LRCM ^LD COUNTY GOUT PQGE.0a2
OFFICE OF COUNTY ATTORNE'
PHONE(3O3)3564000 EXT. 439
P.O. BOX 794
GREELEY. COLORADO 8063
NPs
Mr. Gary A. Woods
Isaacson, Rosenbaum, Woods & Levy. P.C.
633 17th Street, Suite 2200
Denver, CO 80202-3622
Dear Mr. Woods:
May 26, 1995
RE: Your Letter of May 26, 1995 Regarding
CRW Tax Certificate
We have received your demand for issuance and would dispute the basic facts in your letter.
The base tax for year 1985 underlying the certificate sold to Eagle Bay Investment, do Mike Diesch,
is 58,328.91 as shown in the enclosed certificate. Section 38-11-122 would apply only where the
tax exceeded $10,000.00. So long u full value is paid for the certificate under § 39-11-120(4), any
person may purchase the certificate and Joyce Milla indicates that representatives of your company
were aware of the existence of the 1985 Certificate.
Because of the purchase of the Certificate by Eagle Bay and subsequent endorsement, the Treasurer
will not be issuing tba Tax Deed as you request and you will be mailed the amount of $37,698.54
plus $88.85 to redeem your company's position before close of business today to avoid delay over
the long weekend. This will be sent to the Englewood address.
Please contact me if you have further questions.
LDM/gb:woods
Enclosure
pc Art Willis, Treasurer
COP'39tid
V9Qi y yours.
-Moaison
tam County Attorney
EXHIBIT H
lno9 A1NnOD CEIL woad LC:CI ce. 92 Atiw
** E00.39dd ••itl101 **
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1
C)
0
PIERCE, CARALEE J
O)
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1" .1
mm
a8
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M
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INDEX NUMBE:
148731005014
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GRAND TOTAL DUE:
EOP'39dd 1n09 AINn00 07L woad LE:EI 56, 92 AbW
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