HomeMy WebLinkAbout981497.tiff ,,,n n
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO r 53
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.
MOTION FOR SERVICE OF PROCESS BY PUBLICATION
Plaintiff Asphalt Paving Co., by and through its attorneys, Banks& Imatani, P.C., pursuant
to Rule 4,F.R.C.P.,respectfully moves this Court for an order for service of process by publication
upon unknown defendants and all known and named defendants not otherwise served, and in support
thereof states: •
981497
1. This is an action in rem to quiet title to certain property located in Weld
County, Colorado.
2. Search has been made of the public records, and of the telephone and other
available directories. Various inquiries have been made of persons who might have information
concerning the defendants. Efforts have been made to serve defendants personally at any addresses
available, but such efforts have been to no avail.
3. The addresses, or last known addresses of the following defendants who have
not been personally served are as follows:
Hazel Collins
P. O. Box 753
Silver Springs,Nevada 89429
Eugene Henman
1120 Alderson Avenue
Billings, Montana 59102
4. The defendants to be served by publication are unknown persons, or are
domestic or foreign corporations or other entities which cannot be served because no person can be
found upon whom service can be made, or are domestic or foreign corporations or other entities
which have not appointed a registered agent or the registered agent appointed cannot be found at the
registered office or are persons whose whereabouts are unknown and for whom no address is
available and who cannot be served by personal service.
5. Rule 4(e)(1) F.R.C.P. provides that service may be effected pursuant to the
law of the state in which the district court is located, and Rule 4(g) of the Colorado Rules of Civil
Procedure provides as follows:
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9Vg9
(g) Other Service. Service by mail or publication shall be allowed
only in actions affecting specific property or status or other
proceedings in rem.
The party desiring service of process by publication or mail shall file
a motion verified by the oath of such party or of someone in the
party's behalf for an order of service by mail or publication. It shall
state the facts authorizing such service, and shall show the efforts, if
any,that have been made to obtain personal service and shall give the
address, or last known address, of each person to be served or shall
state that the address and last known address are unknown. The court
shall hear the motion ex parte and, if satisfied that due diligence has
been used to obtain personal service or that efforts to obtain the same
would have been to no avail, shall:
(1) Order the clerk to send by registered or certified mail a copy
of the process addressed to such person at such address, requesting a
return receipt signed by the addressee only. Such service shall be
complete on the date of the filing of the clerk's proof thereof, together
with such return receipt attached thereto signed by such addressee, or
(2) Order publication of the process in a newspaper published in
the county in which the action is pending. Such publication shall be
made for four weeks. Within fifteen days after the order the clerk
shall mail a copy of the process to each person whose address or last
known address has been stated in the motion. Service shall be
complete on the date of the last publication. If no newspaper is
published in the county, the court shall designate one in some
adjoining county.
WHEREFORE, plaintiff Asphalt Paving Co. respectfully requests that this Court enter its
order for publication of service of process by Summons in the form attached hereto pursuant to Rule
4, F.R.C.P. and Rule 4 Colorado Rules of Civil Procedure.
Respectfully submitted this 28d`day of July, 1998.
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BANKS &IMATANI, P.C.
By: 3I � iva!
Edwar matam
1200 17'h Street, Suite 1310
Denver, Colorado 80202
Telephone: (303) 572-6565
ATTORNEYS FOR PLAINTIFF
ASPHALT PAVING CO.
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the 41h day ot998, I mailed a true and correct copy
of the foregoing MOTION FOR SERVICE OF PROCESS BY PUBLICATION, by placing same
in the U. S. Mail, postage prepaid, addressed to the following:
William H. Southard, Esq. •
1025 9th Avenue, Suite 309
Greeley, CO 80631
Keith D. Tooley, Esq.
Welborn Sullivan Meck& Tooley, P.C.
1775 Sherman Street, Suite 1800
Denver, CO 80203
Robert D. Clark, Esq.
Assistant U. S. Attorney
1961 Stout Street, Suite 1100
Denver, CO 80294
Ronald J. Klinefelter, Jr.,Esq.
Western Area Power Administration
U.S. Department of Energy
P.O. Box 3402
Golden, CO 80401
4
Fred Wattenberg
2163 U-75 Road
Cederedge, CO 81413
Brad W. Schacht, Esq.
Often, Johnson,Robinson,Neff&Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, CO 80202-2827
K N Front Range Gathering
6353 N. 7's Avenue
Brighton, CO 80601
Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Beverly Van Oeveren
1130 S. 9th Avenue, #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 Avenue
Brighton, CO 80601
5
Robert Wattenberg
12421 Racine
Henderson, CO 80640
Mary Ledford
981 Dakin Street
Denver, CO 80221
Donald Paul Wattenberg
Box 39765
Ninilchik, AK 99639
Helen Lewis
14390 E. Marina Dr., #606
Aurora, CO 80014
Gene Perry
87 Swan Avenue
Worchester, MA 01602
E. L. Wattenberg
200 N. 35th Avenue, #181
Greeley, CO 80631
Randy Wattenberg
3680 E. 133rd Circle
Thornton, CO 80241
John Wattenberg
247 S. 3r°Avenue
Brighton, CO 80601
Public Service Company
17th Street Plaza
1225 17th Street
Denver, CO 80202
Donna Routzen
13525 WCR#8
Fort Lupton, CO 80621
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987 Ln 7
Martin George Schmidt
294 S. 22"d Avenue
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
B ae Sal&
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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 CONFER; 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.
9py9 7
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 gm be used where personal service is desired.
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ggiy97
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 NE1/4 ;
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 6,6 West of the ,6th P.M. , County of Weld, State of Colorado,
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 60 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.
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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 Section 25 bears North 32 degrees 50 minutes West 1739 . 2 feet;
thence South 37 degrees 13 minutes West 1499 feet, more or less, 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, Rance 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;
thence South 1 degree 14 minutes East to the North bank of a certain
drain ditch as the same is located on and through said NE1/4 of said
Section 25.
.
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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 ri9ht. 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 oa the North line of said NE1/4 of said Section 25
which is 1047 feet Eastof the Northwest corner of said NE1/4 ;
thence South 1 degree 14minutes 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 offthe NE1/4 of said Section 25 .
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