HomeMy WebLinkAbout972539.tiffDISTRICT COURT, WELD COUNTY, COLORADO
Case No. 97 CV 632- , Division I
SUMMONS
ASPHALT PAVING CO., a Colorado corporation,
Plaintiff,
vs.
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.
THE PEOPLE OF THE STATE OF COLORADO TO THE DEFENDANTS NAMED ABOVE:
You are summoned and required to file with the clerk of this court an answer or other
defense to the attached complaint within twenty (20) days after this summons is served on you
in the State of Colorado, or within thirty (30) days after this summons is served on you outside
the State of Colorado, or by publication.
If you fail to file your answer or other defense to the complaint in writing, as required by
Colorado Rules of Civil Procedure, 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.
This is an action to quiet title to the following real property in Weld County, Colorado,
as it pertains only to that strip of land across the lands described which existed as a drainage
ditch across these lands in 1897:
/71,268,
r1/0.07
972539
PARCEL 1:
The 51/2 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 66 West of the 6th P.M., County of Weld, State of Colorado,
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 GO 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 l
6th P.M., County of Weld, State 2of Colorado,ldescribed North, aase 67 West 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 o 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.
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 i 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 i 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.
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 B:
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 orijlnally 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 14minutes East 854.5 feet, more or less, to a
point on the South line ofthe NE1/4 of said Section 25.
Dated etc t4 � a Th , 1997.
Address of Plaintiff:
14802 W. 44th Avenue
Golden, CO 80403
Wm. H. Southard - Reg. No. 1223
Attorney for Plaintiff
1025 9th Avenue, Suite 309
Greeley, CO 80631
Telephone: (970) 353-1292
Facsimile: (970) 353-7504
DISTRICT COURT, WELD COUNTY, COLORADO
Case No. 97 CV C'3 , Division I
COMPLAINT UNDER RULE 105
ASPHALT PAVING CO., a Colorado corporation,
Plaintiff,
vs.
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.
PLAINTIFF, Asphalt Paving Co., a Colorado corporation, by its attorney, Wm.
H. Southard, for its claim states as follows:
1. Plaintiff is the owner and in possession of the real property situated in
Weld County, Colorado, described in "Exhibit A" attached hereto and incorporated
herein by this reference (the "Property"). Although Plaintiff is the owner and is in
possession of all of the lands described in the attached Exhibit A, this action pertains
only to that strip of land across the lands described in Exhibit A which existed as a
drainage ditch across these lands in 1897. In 1897, the Defendant Frederick
Wattenberg conveyed to Christian Wattenberg by deed recorded October 19, 1897,
in Book 155, Page 37, Weld County Records, that part of the Northeast Quarter of
1
Section 25 lying West of a certain drainage ditch to one party and on the same date,
conveyed that part of the Northeast Quarter of Section 25 lying E_t of that certain
drainage ditch to Defendants Anna Wattenberg, Fred Wattenberg, Julius Wattenberg,
and Christian Wattenberg by deed recorded October 19, 1897, in Book 155, Page
38, Weld County Records. This action pertains to that portion of the Northeast Quarter
of Section 25 which lies between the West side and the East side of that drainage
ditch as it existed in 1897. (copies attached as Exhibits C and D).
2. Attached to the Complaint as "Exhibit B" and by this reference
incorporated herein, is the Affidavit of James Sampson, President of Plaintiff, which
Affidavit verifies the adverse possession of the property by Plaintiff and Plaintiffs'
predecessors in interest for a period of time in excess of the applicable Statutes of
Limitation.
3. The Defendant Denver Pacific Railway and Telegraph Co. may have
had some right in the property by virtue of an easement for a railway as reserved in
deed recorded January 11, 1888, in Book 25, Page 64, Weld County Records.
4. The Defendant Thomas Gilheany may have had some right in the
property by virtue of an easement granted by Fred Wattenberg, recorded February
21, 1898, in Book 157, Page 78, Weld County Records.
5. The Defendant The Great Western Railway Company may have had
some right in the property by virtue of a reservation of ores and minerals, including oil
and gas as reserved in deed recorded November 16, 1948, in Book 1237, Page 345,
Weld County Records.
6. The Defendant United States of America may have had some right in the
property by virtue of an easement only for electric transmission line as granted by
instrument recorded April 20, 1951, in Book 1301, page 72, Weld County Records.
7. The Defendant Public Service Company of Colorado may have had
some right in the property by virtue of an easement only for electric transmission line
granted by instrument recorded March 9, 1962, in Book 1608, Page 427, Weld
County Records.
8. The Defendant Wattenberg Improvement Association, Inc. may have had
some right in the property by virtue of an easement for a road as granted by instrument
recorded December 31, 1970, in Book 638, under Reception No. 1559756, Weld
County Records.
9. The Defendant X O Exploration, Inc. may have had some right in the
property by virtue of an oil and gas lease recorded September 26, 1977, in Book 809,
under Reception No. 1731359, Weld County Records.
2
10. The Defendant Aeon Energy Co. may have had some right in the
property by virtue of an oil and gas lease recorded February 24, 1981, in Book 928,
under Reception No. 1850362, Weld County Records.
11. The Defendants Donna Routzen and Martin George Schmidt may have
had some right in the property by virtue of an oil and gas lease recorded January 14,
1983, in Book 986, under Reception No. 1914433, Weld County Records.
12. The Defendant K. N. Front Range Gathering Company may have had
some right in the property by virtue of an easement only for a pipeline granted in
instrument recorded August 13, 1993, in Book 1397, under Reception No. 2346150,
Weld County Records.
13. The Defendant The Board of County Commissioners of the County of
Weld may have had some right in the property by virtue of a Road Maintenance
Agreement recorded March 10, 1994, in Book 1430, under Reception No. 2377517,
Weld County Records.
14. The Defendant Panhandle Eastern Pipeline Company may have had
some right in the property by virtue of a right-of-way easement only for a pipeline and
cathodic equipment granted by instrument recorded September 27, 1974, in Book
724, under Reception No. 1645680, Weld County Records, and recorded February
25, 1975, in Book 733, under Reception No. 1654750, Weld County Records.
15. The Defendant Brighton Ditch Co. may have had some right in the
property by virtue of a ditch created by irrevocable license and easement on initiation
of its appropriation and decrees dated December 1, 1863, and November 1, 1871.
16. The following Defendants, through genealogical research and
investigation are believed to be, and the Plaintiff alleges, are descendants and heirs
of the Defendant Frederick Wattenberg who departed this life in 1897: 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; Rocky H. Wattenberg; and
Helen Agnes Colbert.
17. There may be persons interested in the subject matter of this action
whose names cannot be inserted herein because said names are unknown to Plaintiff
although diligent efforts have been made to ascertain the names of said persons; such
persons have been made Defendants and designated "all unknown persons who
claim any interest in the subject matter of this action"; so far as Plaintiff's knowledge
extends, the interests of the unknown parties are derived through some one or more of
the named Defendants.
3
18. The Defendants claim some right, title, or interest in and to the property
adverse to Plaintiff; and the claims of said Defendants are without foundation or right.
WHEREFORE, Plaintiff prays for a complete adjudication of the rights of all
parties to this action with respect to the property; for a decree requiring the
Defendants to set forth in the nature of their claims, determining that the Defendants
and each of them have no interest, estate, or claim of any kind whatsoever in the
property, 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 simple and entitled to possession of the property; and or
such other relief as the Court may deem proper.
Wm. H. Southard - Reg. No. 1223
Attorney for Plaintiff
1025 9th Avenue, Suite 309
Greeley, CO 80631
Telephone: (970) 353-1292
Facsimile: (970) 353-7504
Address of Plaintiff:
14802 W. 44th Avenue
Golden, CO 80403
4
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
thence South 89 degrees
thence North 49 degrees
thence South 89 degrees
line of said NE1/4; to the East boundary
thence North along said East boundary line of said NE1/4 1543 feet, more
or less, to the point of beginning.
EXCEPT hat at partthereofincluded within a parcel of land conveyed to F.
Haarmann Warranty Deed
ed 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 i
North, Range 66 West of the ,6th P.M., County of Weld, State of Colorado,
East 354 feet;
East 200 feet;
45 minutes East 260 feet;
East 834 feet, more or less,
PARCEL 4.
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.
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.
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
C.W.Stonestreetportion
lln
in WarrantyDeedrecordedFebrl to
uary25, 192of 11 innBook 1619
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;
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.
LEGAL DESCRIPTION
EXCEPT that portion t1reof 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 ride€.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 ofthe NE1/4 of said Section 25.
EXHIBIT B
AFFIDAVIT OF
STATE OF CCLORADO )
ss.
COUNTY OF Jt± _ FERSOCJ
IN BEHALF OF ASPHALT PAVING CO.
I, JEFFREY KELLERupon oath state and affirm as follows:
1. I am an officer of Asphalt Paving Co., a Colorado Corporation, and have authorization to
act in behalf of Asphalt Paving Co., in connection with these proceedings.
2. I am familiar with the real property described in Exhibit A to which this Affidavit is
attached (consisting of live parcels of land located in the Northeast quarter of Section 25,
Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado).
3. Asphalt Paving Co. . is a the present owner and title holder in possession of the lands
described in Exhibit A. Asphalt Paving Co. predecessor in title was Edward D. Perry.
4. Asphalt Paving Co. and its predecessor in title, Edward D. Perry, have been in open,
obvious, notorious, hostile, exclusive, and continuous possession under color of title to the
premises described in Exhibit A. for a period of more than 18 years.
FURTHER AFFIANT SAITH NOT.
Dated: October ;l/ , 1997.
SUBSCRIBED and sworn to before me this A I day of October, 1997byJEFFREY W. KELLER,
My commission expires' My Co::, i o"s10N EY.PI3_31ni17ig4
(SEAL)
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to flu mid paref49._r/ the n• pert In hand paid by Mesabi part ./x.._.f no. ,wmnd purl, the ow .1
whereof le hereby/An/inert and ',amoeba! fed. Ant eeanlpt,M lsai, Kid amt n.nnynl, eml by
thus p.wne. dr✓IL-pmnt, bargain, melt, tunny and ran/em ants as mid parks" of she e...r1
Aar* and nitro, forever. all the f dlwleC therrital IM 1. ,r
panrLd of Iand, dsmle, tying and being In the Coney of IIW.!. and State of I'da.Mh, larlf.
s..- ...c_....../...2..,..2/� L,f,et., 21 .L ...t.4.1.1...441.4...µ4.11....4( 1,.C'44.. •...
.0 ....�eh ...lw .V. 54-..,111.6.14.4.4f.42249:4-4.4.-....0 i..I.n,,. r4,.......7.....45.:.;,,,/..r..... r.%(71 eta yr)
to i•a..�..ti≥ ....r�.. (Yd�Ce..rf+t 0.�. , ,._..v . %?....J/v."
67.10_(-60.i.C.c/,:•-2<q.w_...,It:C.Vs.c/ ...n{ 4� La./ 4.Tia_...e"�d.1.se-Ze._.c.l_•.y.. (_; f . _ ... ,r.
II'' ! f �I (� x
.r./a.,a.y.l.u..tw J.-k-.l..✓_C.t.....t...:.:G�Qp ..ei fmel�iw.�.e..ra-.� �..t. 7,10-.-e_t_dr..).t it w. Nr
e.e s..:e.!..eu ri-,..) V(.. . .T�.ty C( ..';.C. t/ca.r'.;a:Le.J�./ rc.e.::d ..A'i-t..-..i/(C., /.. '.
LALa..L.a,/: —l. .i.LL ?.e�.JJT &.2 ..ilea( ..G L L. aka..., meet e..e... It r -I.', F ... '% 7
r4..r..C. �^-CL....r..d ✓..........GYI ✓./flJJ 11 p-r...-.,......_....C/....%:i•..lJ;..&n.t.n e. ..... .. 2._ .
J/, -....�-...e_...A4 .r ... /.j
.t.K..... a_ ..W �(.�/'.'1' IA.GA.J ..... ) 1••••-••••••••••-4;41-'4.4.7.0-7(......0..../...4..f .- �.I-..tr t.t.-/ I. e..e f ..... n .
A� A.L.C/ (.N r l_u../.._.f . ...a.4 {ti.) 1 J tn.w e �v.. /./ T IM J r. / / . I _ w .../....• l
• TD
ERTIFY THIS
•
AND CORRECT COPY OF T
_ i TRANSNATI0N TITLE INSURAN
T_
gY
GZ'fc _
Authorized SignatU
TOGETHER sett". all and einen n the hereditament* and app•rt.nnnns Ihtnanlo betonClad. n In awe** ayttrrrainine. awl the warden
and nn.nkns• remainder and nmalrlers,r.Me, fan is and peeps thereof; and olt the estate. right, nth. Interest. elalne and demand wM/nrerr,
of the mid Part -Sp -of the fleet Part. ether in lam orcrab. of, la wail to the ahoy. An rgnlned minims. with the hmdilamenle and app..tennnera
eabove bargained and eiaeribnl• roith Me apparle ate
te the mid pun. Y--erf Me wandpies, 70 fYE l.MD TO HOLD /he old premises inde./44,^._hdrn 45,4 neap; form r.:' Kind the al l,! �L .i..l� t _.._24'e..J>;.�-.ham ' - _.. .......
_:.._ .,_c c.... I._e� .Ci'..Lli.e• +'=:11' __piretyt of Ow firstport. ferlo.....e[f .'f-t.r�._ hen.
executors and administrators, tt.YLmrrnnnf. en6t bnrgna.iad egne in and or/7h As mid pn'f.'jr nand Me ond Ir.a_e.
,!. ` Arks
and nesl$nt delimit ad Me limn of Me enntine and dellof then prosanta- Ei ng4..aet.n.e/Nrtl wised of the madame abate rsar.pd. as
of fn*t, aura perfe.d, adaotut. ml Indefeasible estate of Inheritsm.A In late, In fee ample, end Anr!!!ll hial rigs. fait parer and inn Jd . 1h v41y
1s frank tartan, sell and convey the same. in manner andfirm afennid, and Mat the ran. nee foe and dear from all fens. and other
Iran ges Mr1Mµ •lenatavg
.pea mends awl imam:draennfwAnferer Aiad�erY.��arslaroawrtr:n.Cl���.rt r.xa..✓<°taA�
_a _e &Uric? OfsJ••••-•./.r/w..a4e.�C.F.%/te�RSii:(A.,.CCe.Law[L'1Aain.IK. reeil.4C _k .RC. :'.tCa.w..:.
and Ms an largainnd promiws, Ind4J.t amts and psiandlAAGprwrnien of the mid Miter", the trvmt par"; %,.fen.. heir* and
, watts, against all and every person or pnann lmnfdly einhnln j or to claim IM whole or any per{ Mena'.....................the said pee! .ef...f
Mn fins part shall and mild Irarmai tend Forever Defend. +:, -
▪ I..-Ih' WITNESS IYREREDI, the Odd pnrAe:2.-- ofthefinM.(fi, t part bewUMLA4M.._. oP.Aand „ owl seal.,.Ono dny end rift. o x1
Abort written. . u ,,< lyatie..'
SS aeneth NEAId'D APO Dilamint Innnsct al jog ate ` it `4 �r .,. !.Let%Z__... <e. a.r�:_...._ I•�')
.� r :._ �.. .__ ................ .dL )
}4E„nr1'Dr 1�•
n J..d ._..... .. .. (nit.t
Lll(ia)a •
r ,�-. ( a^•.+"_ t_...�__._.: . . _...._.. ........ .._.. ( .a:.)
nna
M1
STATE OF COLORADO, 1 - , � t{ �It, _.+
'Shaw .a:ry .:Pis .Se'l..hwl:r.rl.iwrhSf ,4.J rIpfAM.nM..(. f/Qi. l.. g. M. tee. .w<aGtt..1.....
in, a.d fees 1':mld Craft, Is Me male afarlefd• S. hi rib .r yjr thM•J'• 9ttisR./..�.C.ZaL.rxa.....L. ... _._..... _...._ .....
all 1: L y c t at n,. .
+.ia.. a 1 �:�I�..,.t.c t..--.5.Gf7'� 4 .tA.. prnon^ItI Aaaaen fe .m.�+,../it�.. (M ;mown wAne name .....�iiA mM:Mt Is Mw
{t,5 e.e )Y I•f tea. appealed leflrlM.r�yj,�,,.`, bt jnrso.r.awt aaMarlaftd MM�i ulgwnl. rented an.! tlrtawai She saki
ju MI.'ae As n /•anttrwsnn.f /Canting 4r�.�7pbr.,d�.�w�... meld enaainrysM. 7r thanes end prerposos therein wt :kW .4wdile.onJ
: 1 .�. '�('r �,r...a. (t FnarMYlY111a) rails _.
tttAy�she bwnbrinioi WAs end eporbr d �e An'Mtlww{wMttnapo�wb wwd wmw.
try" o GrfltMwiN'w safMp ... hr nw sot ea
;o.n.o.
wwrw am .v'M.dua.rl is AnhJw
•Mnb the 7 • ,wdaN idenetw wsq'•wd,ladlwew/shed Pe the tads •isi�.
MsMw Mentlenwu wwsp hi,24 a no, oho dew sW MA M •s.
iz'+et.+a> +ter
e than aswdipw.y riiM0.�omEau�1'� .L hie'i': �•.e.•.-r.._._
tai k'' -1
0 BE A TRUE
E ORIGINAL.
E COMPANY
P
•
EXHIBIT D} r.n men arm n.weor>w, no elmm.ar.l enamel r..:,.nrce...Len,w.e.
4,1
a.__..-._.. / --tbts 3lfeeag .l(sde th4 fJe.f, r.-.e,1[�.,,..__.,: 7,.r �C-C.a:i..nn♦_...___._.
WARRANTY DEED - -
// ran / .. P 4
,7�tt✓ ../fa fit .ue. er4 Ct.f.. .t rtLGtenl..e _-
)� .. If r 19a„aw es tt l L.
w I/ ,„-r..,ft..zj r.tir.fr H,al+r n" .— L ar.....1.:i:
�I t.(+(�,�_Jl .0_1.1 ... ..rind Staten Co n Ow n1 r end
n of The Conner ef.; � /� Wt.:.fColorado, ( first purl, • .i.e: ..M .Ad-tle•••f. r�.. +/.,.,n 1,Ir"r n 6rr.I 7fA.1.ff�r A Otanir et.t je)<.o° 5,e -d Ce -7%.0.
.. .. ..•I //� rO. ® r I ..
Ali rluw/NN.6u nr.(/.(Pac.iiur<..(Iarrne ln.C• �LIe/J/urt.raWwJ..:, . lal.�ur>.t!(.C'
of the County M 'L/leL� e a and State of Colend of the end STATIC OF dtil.nlaM ( Nrlr +'
^'"' "'" 1 • IYITA7 S4sTIf. That the mid ynr*.el. nr the find purl, for and in ennridemtion e the rani ef.t;
TAM rand ly Prod rim poi for. .., y.:(2 ul �...n' Ir . t 1..,;nf r ,_ • r
relent in,. . /0.,.... l,er .V. w.u6Ainit. ML.,;,Af`!J'�ne,ca(e s.m/SM7J._.. t _:._ ' _ _. ..._Ibtra
_ e", p'. /L . ff(-., 1,p. _ - 4 the abl port.. _ref the'renl part In hand bald by there'd treI.Li t f the second part. the receipt
/oaf e, et / / • ' 'whereof 1r hereby runlets/et wt aekndrrteddnF hqd/_janted, barjalnat, gold and em.myrd, rend by
e..,a, . then larsents.dnttEjani. b,ii1'ain: ee77, penny and &Infrne' eenlc the Iola putheleteof the wend„
I ep. rir111 Fide...: ei ... girdirrntfa. rwm,....!..nljaa'ift:}.h in And' sulfur, forever, nag'• all the fullorolnj described kt/.-ee'
- ../ . -_ .. t.',=_,,...,.
_,,-3.mu parrot. . of Gaut, al! rib, glut nn:I begat aMe Canty of Weld. and State of Colorado, to -s4: -"r
.j'• -%.,.,.e . i, .[!i atA �LILi s.cL4.14.4 ✓.j..Ia/rl./ /Iza/. 5t.ct �).l_..el../e. --
..4 1, . ,i. /1.:••• .. • le •ai trl,�t-.r ti (4 .t tit 1/_4 —J4 -at ✓l al/ .9...1.x,. )e a.er.�..-tat Ls',...9t...dJC. I.$.,. •.1/44Oz2) _-
w..."..rdt..LLe.C......../... et i✓`faJ.../ LL.,SL.4.. 4G., rr....f..L.a..,rel*)...fj .4ttaLe t,. rL�a.:..0.94e«...
14.ti: . r... tr)%in tf../t...r.!/..,/y•trt.%,':g/,.IGG. t. f/1A1./al).t..,L7 �i...lL.1a. ci..tw..._:0s dablt��_
t... e,: .... .:.%.rot Ira.u4r/4I_ e.....L..I la.....4..t�.t. ...f✓/ %lee-a..Gle/q.,u.A e..t:..:t:s<ariolu,,,1.i-• •,.
L,.:a,<...r,C.v rn...1.:...� .. wjfr.t.(.faatle5, .& tie C lfw 2r»cL.L...✓. lllu.il..r/C a>•4 :...e..a
_4..4.lAt -tam. v,,f—..“.r�.:.-0.5) J.rv✓-✓�7ret�Cl/ T �."atrt t thane eJa./en.at �J ey`,II.. :.
.r.l{ .....:'�'.. a..aeeC•-e .C.lf.�r,.'j. Ca. ef/,+.str � L...://.tr .f. %s./'li.J,✓.I.._..[Le.f�%: 4'e�;,;:...aC..�,::.
. d o h z.., • a r.... a ..•� r r, ez ✓o- t.s../ f J/ • ��er a / tfe/ s .L%/talte«lu.. .v—..11 ratX .e...ww.iC•Ae...wra..
'{,/ '4, ..,. e t. ..t-t./Lf.'!nr n ..I t.c....uw C.-...tt.i.{f .wLt._...a..� ..... rLc.,..fa 1L_t.._.t..14.
!Ant, ..1.. �' }(..r....r/ iiw efc,f.u.f. L.e..et/C(.u(.ew-..Jj,, tG...<w c4 f..A-L.0-... e.../�.•
1l au,....t.l%/1/..tt P. t....a...._..4. Ge‘i.ne _.' .2,., .;xe a C Ci J . -
seed ens lheneamt eiehl hanetmi rind ninety ei
. 1
1(Y;E_FIER€B CERTIF`( THIS TO t A TRUE
�. ORR rt-1 l RIGINAL,
" rz " .; u ar ,a i� 4ij �S�iA�ig fit E iN$Uli/{lif�� C M
PAM'
Lit..t2
TJtt7pilT-------
1 e, n:r
rtr:l:rw:I: with all awl singular the hemt/tuawnte and appurtenance* thermal° bean. gnq or in anytime appertaining, and the rennin
ti ,roman,, rr,nnlmier and renadrvien, rents, issues and Melia thereof; and all the estate, right, lilts, IMersl, claim and demand ,ehai.oewr, '
of the mad parts/at _rot the gin, part, either In hate or equity. of, In and to the above bmgalned premises, the hereditament. and apparbaanen.
70It. II'l: a1'I/ TO HULP/ tide said i.rrmleee above bargained nakdeverlbed,totth the npp"Lrtemnces, onto Me told part de A..ef IM, reond
I. t i 1,..... dud the sai t e.etet d4 2Keel date—. tie. �f/ ����rs � i�.p ':•
rsI ha,ea,s,✓�tlA helm'. .rah m an./ rudministratorn. doLt4arennnt, grunt, &tegnra and servo In and (''1tf�'tie said party. of the second part,
•r�j
ant aairm, that at the time of the en.enline and delivery of them - 'Alt seised of the premiss atom mnayed,'es
of pal, owe. p+rfert, atnni,ate nail tndrfeaelhle estate of Inheritance.. In taw. In fee simple, and h4.4--e.ao,i Nfld. full power and low/bd as therity'-
to gaont, heroin, nu nett ,na.ey the same, la manner anti fora ofarea.rd, and that the mime are flee and clan front all former and ether;
drn..te. Ins'tin, ales, Iieas. ta.ree,amess nenb enzyme 1 t ,rf rehatrrer.khetLnetare comer eCse :_an.. AL.9(144...
`<.e`!v_.'1....s...t-•/Yf•.nw.G).. ..c�J,s%./r��G
....ti'�( fort!`./ieir ....0 '�.'lL -r..? :l ..:1•'r .• ..—�
ni the nlnreLrgalned predate& In _/1...�. q.de1 and pe.et ft.C 4 mender of the add partdcrf the second peel•_.__neml 'wli�`/"
.,.+ge& at lost nil and tarry person or preemie lawfully claiming or to ala/m the whet, Or any pail then f « _«the said pan yeLeft,
the first part shall end wilt Warrant and Forever Lrfeast / r .:.:- _ I)
atom !tauten.
f.\•h'/r.YSSS 11 •IIF.RSo/; the mil pow _ef the lend 2Cpart ha,erreaterel..ddJ"antt.._.findmal.,..the day and yenrry,t
/Lfir'
n,.,Xrn, 'MAUI, AND a[4rea[n 1.1 reA1_Ra OP
LYL. 1
rajt
4...«.................�._...--. _....__�. j - ` 'J�l1/'`yirr l.._.:.._.'7.4.,,,,,;,,i.„.„.,..,,,,
T-TL'l l`
. ,u TA7'E �O LORADO j911�''a' ,r' p'"L„;;ajtt:r''i` t,� TI n' llr'
aueLau .L )
M nM for cold candy T Lib' soh' . de ifeeby i4- rAld ogt7.i i. t il.rg.
"` It'�pen.4L 11 ' ?d'1r ge IMe ..*hc.e n�L c.Cdli'gntentla 4,44,4
f.L+...L�._. '' '''d. appeared 6e/braene Wi... in'(;etrsn.inti �dptreT deafjr� lM �y7fjnd,eieW end deIinRid W
/ ' Gvtrnmwnl if teRUjutt,.. ...tie_ i surd wlinMspae4 hquo ,re ',an ehwtdw allert/wr�delMr'M4
r+lr7:aaa3l.. f pe !s5.;,(¢ ii••••• • Ige...-,.,?.v+> tiatina;"_t;wast art
' 'rot rrwtlm'tiR� 'endeAtand DS MILeOrM( of 7wrfN, wy,•
7M'eenfaMMd ill '
r, Nj a tnaernmen/ e/ n(hsein] beamed
by me. m�lekL:11:112:7...: Isptdinwi '.a1M ee6lerbd
/het she t tads r_or„r�ros Meama•aar dome le:lM p
t-. N therein Yynn s� Maim! wrnpn4 An, Asthma, arid N Ma psi wh'se117N. /,
•xl• t: Moen[• e. g+t�;l
451 wrtib, )idn'in"d s{ ICI%
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