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Home My WebLink About991073.tiff IN THE UNITED STATES DISTRICT COURT r i L t D FOR THE DISTRICT OF COLORADO UNITED STATES DISTRICT COURT OENVER COLORADO Civil Action No. 97-D-2469 I1( 0 7 1999 ASPHALT PAVING COMPANY, a Colorado corporation, JAMCb f(. Miteisr AKER ax Plaintiff, v. FREDERICK WATTENBERG, a/k/a 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 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 COLBERG; 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. JUDGMENT Pursuant to and in accordance with the Order for Default Judgment entered on May 5, 1999 by the Honorable Wiley Y. Daniel, United States District Judge, and incorporated herein by reference as if fully set forth, it is ORDERED that default judgment is hereby entered in favor of Plaintiff, Asphalt Paving Company, and against Defendants, Beverly Van Oeveren, Mary Ledford, Frederick. Wattenberg, E. L. Wattenberg, and Brighton Ditch Co. It is FURTHER ORDERED that Defendants Beverly Van Oeveren, Mary Ledford, Frederick pjj1, } (3 991073 J Judge Wiley Y. Daniel Judgment 97-D-2469 Page 2 Wattenberg, E.L. Wattenberg, and Brighton Ditch Co. have no interest, estate nor claim of any kind whatsoever in the property that is the subject of this action, the description of which is attached hereto as Exhibit A ("Property"). It is FURTHER ORDERED that as to Defendants Beverly Van Oeveren, Mary Ledford, Frederick Wattenberg, E. L. Wattenberg, and Brighton Ditch Co., Plaintiff Asphalt Paving Co. Is the owner in fee simple and entitled to possession of the Property. DATED at Denver, Colorado this day of May, 1999. FOR THE COURT: JAMES R. MA PEAKER, C K By: `!�, Steph n P. Ehrlich, Chief Deputy Clerk APPROVED AS TO FORM: i 1/w`,uz'_ WILEY Y. D NIEL, INiEHEU J United States District Judge N THE DOCKET MAY 0 71999 ft MANSPE 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 73 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, 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 NEl/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 saidSectionN25tbearsern North132ay from degreeswhece the50nminutesNWest 1orth1739 . 2uarterfeet; of thence South 37 degrees 13 minutes West 1499 feet, more or less, to the South line of said NE1/4 ; thence North 83 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, 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 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 ri tof way of The Denver, Laramie and Northwestern Railway Company as oriigiitally 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 mtthe 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 1i minutes East on said center line 1606 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 ofathe NE1/4 of said Section 25. Judge Wiley Y. Daniel Judgment 97-D-2469 Page 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 97-D-2469 Certificate of Mailing I hereby certify that a true and correct copy of the Judgment was served on May 7 , 1999 by: al delivery to: ROBERT D. CLARK, ESQ. ASSISTANT U.S, ATTORNEY BRAD W. SCHACHT, ESQ. OTTEN, JOHNSON, ROBINSON, NEFF, & RAGONETTI, P.C. DC BOX NO. 10 IX) depositing the same in the United States Mail, postage prepaid. addressed to: KEITH D. TOOLEY, ESQ. WELBORN, SULLIVAN, MECK & TOOLEY, P.C. 1775 SHERMAN ST., #180 DENVER, CO 80203 WILLIAM H. SOUTHARD 1025 9TH AVENUE, #309 GREELEY, CO 80631 RON KLINEFELTER WESTERN AREA POWER ADMIN. U.S. DEPT. OF ENERGY P.O. BOX 3402 GOLDEN, CO 80401 FRED WATTENBERG 2163 U-75 ROAD CEDEREDGE, CO 81413 K N FRONT RANGE GATHERING 6353 N. 7TH AVENUE BRIGHTON, CO 80601 Judge Wiley Y. Daniel Judgment 97-D-2469 Page 4 BOARD OF COUNTY COMMISSIONERS WELD COUNTY 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 JAMES WATTENBERG 12230 LEVI CIRCLE HENDERSON, CO 80640 FLORENCE CONTER 14600 E. 136TH AVENUE BRIGHTON, CO 80601 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 Judge Wiley Y. Daniel Judgment 97-D-2469 Page 5 GENE PERRY 87 SWAN AVENUE WORCHESTER, MA 01602 E. L. WATTENBERG 200 N. 35TH AVENUE, #181 GREELEY, CO RANDY WATTENBERG 3680 E. 133 CIRCLE THORNTON, CO 80241 JOHN WATTENBERG 247 S. 3RD AVENUE BRIGHTON, CO PUBLIC SERVICE COMPANY 17TH STREET PLAZA 1225 17TH STREET DENVER, CO 80202 DONNA ROUTZEN 13525 WCR #8 FT. LUPTON, CO MARTIN GEORGE SCHMIDT 294 S. 22ND AVE. BRIGHTON, CO PANHANDLE EASTERN PIPELINE CO. 4407 NRR 1 RN AVE. CUSHION, OK 73016-9801 BRIGHTON DITCH CO. 11553 WCR 6 BRIGHTON, CO JAMES R. MANSPEAKER, CLERK By: -i" x'' c, Deputy Clerk Hello