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HomeMy WebLinkAbout991132.tiff DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 99 CV 119, Division I DECREE QUIETING TITLE A. BRUCE JOHNSON Plaintiff, vs. LARRY PINO and PAMELA PINO; LAZARUS M. PINO; DECEDENT, H.B. WERDER, and ALL PERSONS WHO ARE OR CLAIM TO BE HIS HEIRS; D.A. BUNNELL, DECEDENT, and TEDDY ALAN EIUNNELL, TOMMY LYNN BUNNELL, RONNIE DALE BUNNELL, ORVAL EUGENE BUNNELL, CLAYTON HUGH BUNNELL, and DOROTHY JUNE BUNNELL BUBAR, AS HEIRS OF D.A. BUNNELL, and ALL PERSONS WHO ARE OR CLAIM TO BE HEIRS; CUTHBERT T. SNOWDON, OR ANY PERSON WHO IS OR CLAIMS TO BE AN HEIR; THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD; and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION, Defendants. THIS COURT FINDS THAT: 1. Each Defendant herein has been properly served; 2. Don J. Hoff, Attorney at Law, has been heretofore appointed and has appeared for any and all Defendants who are in the military service, as defined by the Soldiers' and Sailors' Civil Relief Act of 1940, as amended; 3. This Court has personal and subject matter jurisdiction in this case; 4. The allegations of the Complaint are true; 5. No adverse claim has been made by said Defendants; 6. With the exception of the Board of the Weld County Commissioners' interest in the property, no Defendant herein has any title or interest in or to the real property described herein below; 7. A Default Judgment has been issued against the following Defendants: ieP / �� 991132 rfn a. Decedent H. B. Werder, and all Persons who are or claim to he his heirs; b. Decedent D. A Bunnell, and Teddy Alan Bunnell, Tommy Lynn Bunnell, Ronnie Dale Bunnell, Orval Eugene Bunnell, Clayton Hugh Bunnell, and Dorothy June Bunnell Bubar as heirs of D. A. Bunnell, and all Persons who are or claim to be his heirs; and c. Cuthbert T. Snowdon, or any person who is or claims to be an heir. 8. The following Defendants have executed valid disclaimers indicating they have no interest in the subject property: Larry and Pamela Pino, Lazarus M. Pino, The Board of County Commissioners of the County of Weld. IT IS HEREBY ADJUDGED AND DECREED THAT Plaintiff, at the time of the commencement of this proceeding was and now is, the owner in fee simple, with right to possession, of the following real property in the County of Weld and State of Colorado; All that portion of Block 1, Townsite of Hereford, County of Weld, State of Colorado, being more particularly described as follows: Beginning at the Southerly corner of Lot 21, Block 1, Townsite of Hereford, Weld County, Colorado, as filed for record as reception No. 307155 in the Weld County records on September 19, 1919 and considering the Southwesterly line of said Block 1 as bearing North 51 degrees 36 minutes West and with all other bearings contained herein relative thereto; thence North 51 degrees 36 minutes West along said Southwesterly line of Block 1, 125.00 feet to the True-Point of Beginning; thence North 38 degrees 24 minutes East 80.00 feet; thence South 51 degrees 36 minutes East 125.00 feet along the extension of the lot line between Lots 19 and 20 to the common corner of Lots 19 and 20 and the Southeasterly line of Block 1; thence North 38 degrees 24 minutes East along the Southeasterly line of Block 1 a distance of 120.00 feet to a point 40.0 feet from the Easterly corner of Block 1; thence North 51 degrees 36 minutes West along a line that is parallel to and 40 foot distant from the Northeasterly line of Lots 6 through 18, Block 1, and a distance 540.56 feet to a point on an existing fence line; thence South 36 degrees 55 minutes 02 seconds West 200.07 feet to a point on the extension of the Southwesterly line of Block 1; thence South 51 degrees 36 minutes West along the extension of and the Southwesterly line of Block 1, a distance of 410.38 feet to the True-Point of Beginning. EXCEPT Lots 1 thru 19 inclusive, the Northwesterly 15 feet of Lot 24 and Lots 25 thru 33, inclusive, Block 1, Townsite of Hereford, County of Weld, State of Colorado, and EXCEPT the Board of County Commissioners claims an interest in any portion of the subject parcel which may coincide with that portion of the street or road right of way for the Cheyenne Highway, a/k/a Broadway lying within fifty feet of the south line of Blocks 6 and 7 or as the South line between Blocks 6 and 7 extends across Piper Street, Townsite of Hereford, County of Weld, State of Colorado as said road, street or highway may exist by usage, dedication and acceptance, reservation or deed. That fee simple title in and to said real property be and the same hereby is quieted in the Plaintiffs, and that subject to the interest of the Board of the Weld County Commissioners, each of the Defendants has no right, title, or interest in or to the said real property or any part thereof, and that they are forever enjoined from asserting any claim, right, title, or interest in or to the said real property or any part thereof. DATED this i day of , 1999. BY THE COURT: District Court Judge Approved as to form: ARRIES & ARRIES, LLP Step e L. Arries, #, 805 0 Don J. Hoff, #3422 /G' Attorney for Plaintiff Attorney Appointed by the Court 3545 W. 12th St., Suite 201 1025 9th Avenue, #309 Greeley, Colorado 80634 Greeley, Colorado 80631 Telephone: (970) 352-8558 Telephone: (970) 356-6767 D. Morrison, #8067 A .stant Weld County Attorney 915 Tenth Street P.O. Box 1948 Greeley, Colorado 80632 Telephone: (970) 356-4000, Ext. 4391 Hello