HomeMy WebLinkAbout981776.tiff TO: Don Warden, Director of Finance and Administration
Clerk to the Board
111110
FROM: Lee D. Morrison, Assistant Weld County Attorney
O DATE: September 15, 1998 --i gin '
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COLORADO• RE: Deed to Road in Wattenberg z rn 7
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A Treasurer's Deed has been issued(Deed#3947) and Recorded at Reception No. 2627630 on
July 22, 1998 to Weld County for a piece of land in Wattenburg. From the Assessor's parcel
map this parcel, which is shown as parcel 022, appears to be in use as an extension of Frederick
Street in an area east of Mary Avenue. It is my recommendation then that this Deed be held with
notes to indicate that it should not be declared surplus as it appears to be, from the aerials to still
be in use. Attached to this Memo is the original of the Deed along with the amended abstract
tracer prepared by Milt Hollingshead. Mr. Hollingshead provided in the abstract tracer a colored
sketch and our office has attempted to reproduce that to conform to the color coding. The
original of that abstract tracer and map is held by the Treasurer.
It appears that no further action is necessary other than filing the Deed unless there is a
recommendation from Public Works that that portion of Frederick Street is not being used as a
public road at this time.
Please contact me if you have any further questions.
774 69-1/“4-t,
e . Morrison
Assistant Weld County Attorney
LDM/db:Memo/W attenburg
Attachments
pc: Joyce Miller
Bruce Barker
Frank Hempen
Oa
981776
^'-'for record the
IIIIII VIII Illlll llll lllll VIII' Illlll Ill lllll IIII I'll DEED 3947
2627830 07/22/1998 10:48A Weld County CO RECORDER.
�e30 ion No 1 of 2R 0.00 D 0.00 JA Sukl Tsukamoto DEPUTY.
esr-
patnfn all glen T5 these Presents, That, whereas, the following described property, viz:
20043 PT NE4 25 1 67 BEING PT OF ABND DLNW R/W BEG 917'E OF NW COR NE4 E180'
S785' W180' N785' EXC E25' OF N365' ALSO EXC W115' OF S103' ALSO EXC BEG NE
COR BLK14 WATTENBERG E115' S266' W115' N266' TO BEG ALSO EXC BEG NE COR BLK9
WATTENBERG SO1D14'E 326' TO NE COR BLK14 WATTENBERG N89D28'E 115' NO1D14'W
326' S89D28'W 115' TO BEG EXC A PARCEL OF LAND 40'W ADJ TO WLY LN OF L4-5
BLK7 WATTENBERG BETWEEN N & S EXTENDED PROPERTY LN OF L4-5 ALSO EXC 40' ABND
R/W TO DLNW ADJ TO L6 BLK 7 ALSO EXC BEG 115'E NE COR BLK 9 SO1D14'E PARALLEL
TO SD ABND R/W 755' N89D28'E 65' NO1D14'W 420' S89D28'W 25' NO1D14'W 335' TO
PT 30'S OF N LN SEC W40' TO POB
situated in the County of WELD and State of Colorado, was subject to taxation for the year(er
years.).A. D. 1993
And, Whereas, The taxes assessed upon said property for the year (or—years) aforesaid remained due and unpaid
at the date of the sale hereinafter named;
And;Whereas,The Treasurer of the said County did, on the 3RD day of NOVEMBER
A. Q. 19..9.4..., by virtue of the authority vested in him by law, at the sale begun and publicly held on the..3RD day
of....N.O.V.EMBER A. D. 19.94 expose to public sale at the office of the Treasurer in the County afore-
said, in substantial conformity with the requirements of the statute in such case made and provided, the tax lien on
real property above described for the payment of the taxes, delinquent interest, and costs then due and remaining un-
paid on said property;
*And,Whereas,At the time and place aforesaid KENNETH G WALKER
whose street address is 42Q C.bQ.V.I;R...LN City or Town of FORT COLLINS
County of LARIMER and State of....CQ&ORAPO bid on the tax lien on all of the
above described property the sum of...N.ENE:U..S.EX DOLLARS
and NINETY-SIX 'CENTS,being the whole amount of taxes, delinquent interest, and costs then due and
remaining unpaid upon said property for said year.9.3...,a:.d the .ittid
having offered in his said bid to pay the sum of DOLLARS and
CENTS in excess of said Taxes, delin • est, and costs, and the said bid being the largest amount
which any person,offered to pay in .. to said taxes, delinquent interest, and costs so due upon said property for
said year ent of the said sum having been made by him to the said Treasurer, the said tax lien on such
erty was stricken off to him at that price;
*And,Whereas,the said KEMNET.H..S....WALKER
whose street address is 420 CLOVER LN City or Town of FORT COLLINS
County of LARIMER and State of COLORADO
did, on the 26TH day of AUGUST A. D. 19..9.4..., duly assign the certificate of
the sale of the tax lien on the property as aforesaid, and all his rights, title, and interest in said property, to
WELD COUNTY
whose street address is 915 10TH STREET , City or Town of GREELEY
County of WELD and State of COLORADO •
*And, Whereas, At th sale so held as aforesaid by the Treasu r, no bids were offered or made by ny person or
persons for the tax lien o said property, and no person or perso having offered to pay the said to es, delinquent
interest and costs upon a said property for said year and a Treasurer having become satisfie that no sale of
the tax lien on said p perry could be had, therefore the said t x lien on said property was, by the then Treasurer of
the said County, str' ken off to the said County, and a certifi ate of sale was duly issued therefor to the said County
in accordance wit the statute in such case made and provide
*And,W ereas,The said County, acting by and thro h its Treasurer, and in
conformity 'th the order of the Board of County Com issioners of the said County, duly tered of record on the
day of A. D. 19 (the said day being a of the days of a regular
session the Board of County Commissioners of the id County), did duly assign the certi tcate of sale of the tax lien
on sai property, so issued as aforesaid to said Co ty, and all its rights, title, and inte st in said property held by
virt of said sale to
w ose street address is City or Town o
ounty of and State for the sum of
DOLLARS and CENTS.
*And, Whereas,The said
whose street address is City or wn of
County of and State of
did on the day of A. D. 19 duly assign the certificate of the sale of
123-A REV.2-93 TREASURER'S DEED SINGLE PARCEL—c.R.s. 39-11-135
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1111111 III OBI IIII 11111111111 111111 III 11111 IIII IIII
2627630 07/22/1998 10:46A Weld County CO
2 of 2 R 0.00 D 0.00 JA Suit! Tsukamoto
the tax lien on the prope as aforesaid, and all his ghts, title, and interest in said operty, to
whose street address , City or T of
of the County of and State of ,
*And, Whereas, The said WELD COUNTY
whose street address is 915 10TH STREET , City or Town of GREELEY ,
County.ot WELD and State of COLORADO ,
has paid subsequent taxes on said property to the amount of ONE HUNDRED TWENTY —DOLLARS
and SIXTY-EIGHT -CENTS,
And, Whereas, More than three years have elapsed since the date of the said sale, and the said property has not
been redeemed therefrom as provided by law;
And, Whereas, The said property was valued for assessment for said year..93. at the amount of_.S.400,.00 ;
And, Whereas, All the provisions of the statutes prescribing prerequisites to obtaining tax deeds have been fully
complied with, and are now of record, and filed in the office of the Treasurer of said County;
Now, Therefore, I,....._._..ARTHUR...L..WILLIS...IL ,Treasurer of the County aforesaid, for and in
consideration of the sum to the Treasurer paid as aforesaid, and by virtue of the statute in such case made and pro-
vided, have granted, bargained, and sold, and by these presents do grant, bargain, and sell the above and foregoing
described real estate unto the said WELD...COUNTY
whose street address is 915...1.OTH_STREET , City or Town of GREELEY ,
County of WELD and State of COLORADO
their heirs and assigns, forever, subject to all the rights of redemption by minors,
or incompetent persons, as provided by law.
OFFICIAL .
: StEAL In witness whereof, I, ARTHUR L WILLIS II Treasurer
as aforesaid, by virtue of the authority afo ,have hereunto set my hand and seal
- • ' s" i 1 t. ; this 20TH day of JUFf
P -
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•,cerfifhtgte ...W6.6%! Book No Tax Sale Record .......... .. .. .... ... (Sea!)
ti::,, k I' I,G��25100022
%t,...,...z` Treasurer of WELD County, Colorado.
*Strike out in accordance with fact.
STATE OF COLORADO, l
WELD y ss.
County of 11
The foregoing instrument was acknowledged before me ,his 20TH day of JULY
1998 , by ARTHUR L WILLIS II as treasurer of said county.
Witness my hand and official seal. COQ ) My commission expires 02 —3- O a ` p.
- (,Official Seal) t-
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?.(Mlit g t$d,ass tEpr WELD COUNTY
Futurc'Yate Notices 915 10TH STREET
GREELEY CO 80631
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AMENDED
ABSTRACT TRACER
FEB 2 5 199$
TRACER; # 3947
MILTON F. HOLLINGSHEAD, D/B/A D & M SERVICES CO. , HEREBY CERTIFIES
THAT WE HAVE EXAMINED THE RECORDS OF THE WELD COUNTY CLERK AND
RECORDER FOR THE FOLLOWING DESCRIBED PROPERTY, TO WIT:
Part of the Northeast Quarter (NE4) of Section 25 ,
Township 1 North, Range 67 West of the 6th P .M. ,
Weld County, Colorado, being part of the abandoned
Denver Laramie and Northwestern Railroad right of
way, beginning 917 feet East of the Northwest Corner
of the said Northeast Quarter (NE4) ,
Thence East 180 feet ,
Thence South 785 feet ,
Thence West 180 feet ,
Thence North 785 feet ;
EXCEPT the East 25 feet of the North 365 feet thereof;
ALSO EXCEPT the West 115 feet of the South 103 feet
thereof;
ALSO EXCEPT beginning at the Northeast corner of
Block, 14 , in the Town of Wattenberg,
Thence East 115 feet ,
Thence South 266 feet ,
Thence West 115 feet ,
Thence North 266 feet to the beginning;
ALSO EXCEPT beginning at the Northeast (NE) Corner
of Block 9 , in the Town of Wattenberg,
Thence South 1 ° 14 ' East , 326 feet to the
Northeast (NE) Corner of Block 14 , in the Town
of Wattenberg,
Thence North 89 ° 28 ' East 115 feet,
Thence 1 ° 14 ' West , 326 feet ,
Thence South 89° 28 ' West 115 feet to the beginning;
EXCEPT A parcel of land 40 feet wide adjacent to the
Westerly boundary line of Lots 4 & 5, Block 7 , Town
of Wattenberg between the North & South extended property
lines of the said Lots 4 & 5 ;
ALSO Except 40 feet of the said abandoned right of way
of the Denver Laramie and Northwestern Railroad adjacent
to lot 6, Block 7, Town of Wattenberg;
ALSO EXCEPT beginning 115 feet East of the Northeast
(NE) Corner of the said. Block 9 , South 1 ° 14 ' East
parallel to said abandoned Right of Way, 755 feet ,
Thence North 89° 28 ' East 65 feet ,
Thence North 1 ° 14 ' West , 420 feet ,
Thence South 89° 28 ' West, 25 feet ,
Thence North 1 ° 14 ' West, 335 feet ,
To a point 30 feet South of the North line
of said Section,
Thence West 40 feet to the point of beginning.
(NOTE: This parcel might also be described as follows,
towit :
That part of the Northeast Quarter (NE4) of Section 25 ,
Township 1 North, Range 67 west of the 6th P .M. , Weld
County, Colorado, being a part of the abandoned Denver
Laramie and Northwestern Railroad Right of Way,
Beginning at a point 917 feet East of the Northwest
Corner of said Northeast Quarter (NE4) ,
Thence South 622 feet to the True Point of Beginning,
Thence South 60 feet ,
Thence East 115 feet ,
Thence North 60 feet,
Thence West 115 feet to the True Point of Beginning.
Page 2 .
OWNER:
BONNIE GINTHER,
by virtue of the Estate of Herman Ginther, Deceased, who
died February 26, 1960 . His Estate was probated in Adams
County, file No. p3770 . Bonnie Ginther was the Administrator
of Said Estate.
( Please see attached Notes, with copies of deeds,
a map, and my explanation of what
apparently happened. to subject parcel . )
ENCUMBRANCES:
NONE .
UNREDEEMED TAX SALES:
TAX SALE CERTIFICATE NO. 93-00216/94 .
OWNER: (HARLAN GARTRELL) CORRECTED OWNERSHIP UNKNOWN 8/8/96
PURCHASER: KENNETH G. WALKER
ASSIGNEE: WELD COUNTY
AMOUNT: $96 . 96
Tax Sale Certificate of Purchase recorded 8/15/1995 ,
in Book 1506 , Reception No. 2451339 , and re-recorded
8/9/1996 in Book 1560, Reception No. 2505809 ; and re-
recorded 9/18/1997 , in Book 1627 , Reception No. 2569561 .
NOTE; Said Tax Sale is listed in the 1994 TAX SALE BOOK.
ASSIGNMENT to Weld County dated August 26, 1996 .
CERTIFIED TO THE Tenth DAY OF February , 1998 ,
AT 7 ; 45 O 'CLOCK A.M.
Milton F. Hollingshead D/B/A
D & M SERVICES CO.
/7; -,C1t./1( 411:/ehte
Milton F.Hollingshe
Q i'7 7Co
NOTES REGARDING MY SEARCH OF SUBJECT PARCEL:
Legal : Please refer to the legal description in Abstract Tracer
No. 3947, to which these NOTES are attached, and made a part
thereof .
To begin with, I tried a number of things to find recorded
instruments which included this property. I found that the
Northeast Quarter of Section 25 , Township 1 North Range 67 West
of the 6th P.M. was Patented by the United States of America to a
gentleman named Wattenberg, who deeded land to The Great Western
Railway Company successor to the Denver, Laramie , and
Northwestern Railroad.
QUIT CLAIM DEED from THE GREAT WESTERN RAILWAY,
to Fred C. Haarmann, doing business as the
Haarmann Vinegar and Pickle Company,
recorded August 4 , 1978 , in Book 1537 , Page 525 ,
conveying the entire abandoned Right of Way,
including all of the exceptions , as described in
the legal description referred to above.
QUIT CLAIM DEED from Fred C. Haarmann (d/b/a) The
Haarmann Vinegar and Pickle Company, to
Herman Ginther, recorded October 27, 1958, in
Book 1543 , Page 207, conveying the same land as
in the foregoing Quit Claim Deed (Book 1537,
Page 525 ) .
Note : The above two deeds EXCEPT the portion of the said
abandoned Right of Way described as :
"the East 25 feet of the North 365 feet thereof . "
(This is that part of the map colored Pink. )
Herman Ginther died February 2 , 1960. His estate was probated
in Adams County, Colorado, Probate file No. P3770 .
Bonnie Ginther, his Administrator and Heir, deeded all of the
land in said abandoned right-of-way, except the parcel which is
the subject of this search. At this point we can only guess what
happened. This most likely conjecture is that she intended to
convey the entire right of way, bur somehow did not keep track of
all the pieces and inadvertently overlooked this tract . I have
seen this happen in other instances .
I shall list all of the aforementioned deeds from Bonnie Ginter,
with copies of each attached. Using a copy of the Assessors
Aerial Map of the area, I will identify each parcel conveyed
by color coding it on the map.
In each of the following instruments Bonnie Ginther is the
Grantor:
Quit Claim Deed to Peter Hernandez, recorded July 24 , 1961 , in
q6i 77C°
Page2
Book 1589, Page 580. (Part of Orange)
Quit Claim Deed to John Hernandez, recorded July 24 . 1961 , in
Book 1589 , Page 581 . (Part of Orange . )
Quit Claim Deed, to Romaldo Pino, recorded July 24, 1961 , in
Book 1589, Page 582 . (Part of Orange . )
(NOTE: The above three Deeds include all of the Orange area. )
Quit Claim Deed, to Lawrence Hernandez, recorded July 24, 1961 ,
in Book 1589, Page 583 . (Green)
Quit Claim Deed, to Jose L. Hernandez and Mary B. Hernandez ,
recorded June 20, 1962 , in Book 1617 , Page 555 . (Blue . )
Quit Claim Deed, to Philip Dailey, recorded June 7, 1965 , in
Book 543, Reception No. 1465319 . (Brown. )
Thus, for whatever reason, Bonnie Ginther did not convey the
parcel which is the subject of this search.
Respectfully submitted,
Milt Hollingshead
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