HomeMy WebLinkAbout961730.tiff DISTRICT COURT, WELD COUNTY, COLORADO
Civil Action No. 96-CV-4-6
SUMMONS
Jack D. Feuer and/or Manuel D. Nash, Trustees, under that certain
Declaration of Trust dated July 2, 1974 , filed November 18 , 1974 ,
recorded in Book 727, Document Reception No. 1648654 , Weld County
Records (WCR) as amended,
Plaintiffs,
v.
1. The Denver, Utah and Pacific Rail-road Company;
2. The Denver, Utah and Pacific Rail Road Company;
3. The Denver, Utah and Pacific Railroad Company;
4. Chicago, Burlington & Quincy Railroad Company;
5. Burlington Northern Inc. ;
6. Burlington Northern Railroad Company;
7. Town of Erie, Colorado;
8. Mitchell Coal and Land Company;
9. The Mitchell Coal and Land Company;
10. The Colorado Fuel Company;
11. The Colorado Fuel & Iron Company;
12. Colorado Fuel and Iron Company;
13 . Colorado Fuel and Iron Corporation;
14. Edward V. Cary;
15. George Zimmerman;
16. Colorado Industrial Company;
17. Arthur Roeder, as Trustee of the Estate of Colorado Fuel and
Iron Company;
18. Celia R. Morantz;
19. A. Morantz a/k/a Abe Morantz;
20. George S. Reynolds;
21. Ray Reynolds;
22. George S. Reynolds and Ray Reynolds;
23 . Helene R. Edmiston;
24. George Reynolds and Helene R. Edmiston;
25. Helene Reynolds Edmiston;
26. Helene Reynolds Edmiston and Ray L. Reynolds;
27. Ray L. Reynolds;
28. James A. Howe;
29. Stewart J. Goldstein;
30. Clement F. Knobbe;
31. Genevieve Reynolds;
32. Erie Corporation;
33 . Erie Partnership, a Colorado general partnership;
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34 . Larry O. Malleis;
35. Larry O. Malleis as Attorney-in-Fact of Erie Air Park Company;
36. Eddie Malleis as successor Conservator of the Estate of Larry
O. Malleis, a protected person, Jefferson County, Colorado,
Probate Action No. 89PR632;
37 . Evelyn Shockley, as successor Guardian of Larry O. Malleis, a
protected person, Jefferson County District Court, Probate
Action No. 89PR632;
38. Sue A. Malleis;
39. Sue A. Brown f/k/a Sue A. Malleis;
40. Sue A. Brown as Attorney-in-Fact of Erie Air Park Company;
41. Erie Air Park Company, a joint venture;
42. Larry O. Malleis, Sue A. Malleis, John D. Kratzer, Minnie
Kratzer, Leroy G. Pierce, Larry E. Thompson, Judith Thompson
and Carolee J. Pierce as Joint Venturers of the joint venture
known of record as Erie Air Park Company;
43. Larry Eugene Thompson;
44. Larry E. Thompson;
45. Judith Thompson;
46. Federal Deposit Insurance Corporation, as statutory successor
to Resolution Trust Corporation as Receiver of Nile Valley
Savings and Loan Association, Scottsbluff, Nebraska;
47. Northern Colorado Water Conservancy District acting by and
through Southern Water Supply Project Water Activity
Enterprise;
48. Daniel Cameron Montgomery, Trustee;
49. Patricia Anne Montgomery, Trustee;
50. Sheridan Schofield;
51. Eagle Bay Investments LLC, a Colorado limited liability
company;
52. FUNB as Custodian per Custody Agreement;
53. WHC Limited Liability Company, a Colorado limited liability
company;
54. Robert Lee Rock;
55. Sharon K. Carley;
56. Coal Creek Aviation;
57. William Robert Eason;
58. Turbo Flite Inc. ;
59. David D. King;
60. Richard A. Gapter;
61. Skies Unlimited, Inc. of Colorado d/b/a Tri-County Airport,
Inc. ;
62. Glen R. Anstine, as Trustee for Skies Unlimited of Colorado,
Inc. d/b/a Tri-County Airport, Debtor, U.S. Bankruptcy Court,
District of Colorado, Case No. 91-21075;
63 . Tri-County Airport, Inc. ;
64. Tri-County Airport;
65. Tri-County Hanger Co. ;
66. John D. Kratzer and Minnie Kratzer;
67. The Centric Corporation;
68. H. S. Adnan;
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69. Rosalie I. Adrian as Personal Representative of the Estate of
Haji Adrian a/k/a H. S. Adrian a/k/a Haji Siraj Adrian, deceased,
Adams County Colorado District Court, Probate Action No.
94PR513 ;
70. Rosalie I. Adrian as Heir-at-Law of H. S. Adrian;
71. Marjorie Pierce as Heir-at-Law of H. S. Adrian;
72. Lisa McFarland as Heir-at-Law of H. S. Adrian;
73. Susan Koch as Heir-at-Law of H. S. Adnan;
74 . Kendrick Adrian as Heir-at-Law of H. S. Adnan;
75. Jamilah Adrian as Heir-at-Law of H. S. Adrian;
76. Leroy G. Pierce;
77. Leroy G. Pierce as Attorney-in-Fact of Erie Air Park Company;
78. Dennis C. Wiley;
79. Judith A. Wiley;
80. William P. Diesch;
81. Metrowide Investment Corporation;
82. David C. Margos;
83. Deborah Martinez Margos;
84. Deborah Martinez;
85. Robert J. Rogers;
86. Robin G. Rogers;
87. Richard A. Wildman;
88. Kenneth Tyler Scott;
89. Local Service Corporation;
90. C. Mark Phillips;
91. M. Robin Phillips;
92. Lafayette State Bank;
93. Zimmerman Extension of the Leyner and Cottonwood Ditch;
94 . Zimmerman Coal Creek Irrigation Company;
95. Erie Coal Creek Ditch and Reservoir Company;
96. Erie Lateral Ditch;
97. City of Lafayette, Colorado;
98. Leyner-Cottonwood Consolidated Ditch Company;
99. Board of County Commissioners of Weld County, Colorado;
100. County of Weld, Colorado;
101. Department of Highways, State of Colorado;
102. Public Service Company of Colorado;
103. U.S. West Communications f/k/a Mountain States Telephone and
Telegraph Company;
104. Caralee J. Pierce;
105. Caralee J. Pierce as Attorney-in-Fact of Erie Air Park
Company;
106. Caralee J. Pierce as Heir-at-Law of Thomas Lee Pierce a/k/a
Thomas Lee Pierce a/k/a Thomas Pierce a/k/a Thomas L. Pierce,
Deceased;
107. Caralee J. Pierce, as Heir-at-Law of Thomas L. Pierce a/k/a
Thomas LacLead Pierce, Deceased;
108. Douglas J. Lyle;
109. Mary C. Lyle;
110. Richard Fagre;
111. Bolder Enterprises Ltd.
112. Industrial Gas Services, Inc. ;
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113 . Aldoph Coors Company;
114 . Coors Energy Company;
115. Trigen-Nations Energy Company, L.L.L.P. ;
116. Coors Brewing Company;
117. Western Slope Gas Company;
118. Vessels Gas Processing, Inc. ;
119. Amoco Production Company;
120. Panhandle Eastern Pipe Line Company;
121. ANGC Corporation;
122. Dacona Area Fire Protection District;
123. Erie Water and Sanitation District;
124. Union Rural Electric Association, Inc. ;
125. United Power, Inc. ;
126. Tri-Area Ambulance District;
127. Left Hand Water District;
128. Centennial Petroleum Inc. ;
129. Martin Exploration Management Company;
130. Memco Management Corporation;
131. Freedman Oil & Gas Company;
132. Vessels Oil & Gas Company;
133. Union Pacific Railroad Company;
134. Union Pacific Land Resources Company;
135. Union Pacific Resources Company;
136. KN Front Range Gathering Company;
137. Longmont Fire Protection District;
138. Reorganized CF&I Steel Corporation f/k/a The Colorado Fuel and
Iron Corporation;
139. Colorado & Utah Land Company;
140. Crane Land Company;
141. Evergreen Land and Resource Company f/k/a Crane Land Company;
142. David P. Hoover & Associates;
143. Price Oil and Gas Company;
144. Norma Jeanne Freedman;
145. Gerrity Oil & Gas Corporation;
146. Koch Exploration Company;
147. Steven D. James;
148. Maureen A. James;
149. L. Alice McCollister;
150. Betty Wise Guida;
151. B. Brian Neary;
152. William B. Collister;
153 . Platte Gas Line Company;
154. Endowment Energy Partners, L.P. ;
155. Snyder Oil Corporation;
156. Soco Wattenberg Corporation;
157. Arthur L. Willis, II as Treasurer of Weld County, Colorado;
158. Kevin Stark as Public Trustee of Weld County, Colorado;
159. PARTIES IN POSSESSION;
160. UNKNOWN PARTIES IN POSSESSION;
161. ANY AND ALL OTHER PERSONS, PARTNERSHIPS, CORPORATIONS OR
ENTITIES OF EVERY TYPE, KIND AND DESCRIPTION WHATSOEVER
UNKNOWN, REAL NAMES UNKNOWN, CLAIMING ANY RIGHT, TITLE,
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ESTATE, INTEREST, EQUITY, OR LIEN, WHATSOEVER, IN AND TO OR
AGAINST THE REAL PROPERTY DESCRIBED HEREIN;
162. 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 response 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.
If you fail to file your answer or other response to the complaint
in writing 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.
The following document is also served with this Summons: COMPLAINT
IN QUIET TITLE, C.R.C.P. RULE 105.
Dated Seep:whir to' , 1996.
HAMILTON AND FAATZ,
A Professional Corporation
Giadt4
Robert L. Bartholic, # 4739
Gregory W. Smith, # 17055
Christopher J.W. Forrest, # 23185
1600 Broadway, Suite 500
Denver, CO 80202-4379
(303) 830-0500
Plaintiffs' Attorneys
This summons is issued pursuant to C.R.C.P. Rule 4, as amended.
A copy of the complaint must be served with this summons.
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DISTRICT COURT, WELD COUNTY, COLORADO
Civil Action No. 96-CV- 4413
COMPLAINT IN QUIET TITLE, C.R.C.P. RULE 105
Jack D. Feuer and/or Manuel D. Nash, Trustees, under that certain
Declaration of Trust dated July 2, 1974, filed November 18, 1974,
recorded in Book 727, Document Reception No. 1648654, Weld County
Records (WCR) as amended,
Plaintiffs,
v.
1. The Denver, Utah and Pacific Rail-road Company;
2. The Denver, Utah and Pacific Rail Road Company;
3. The Denver, Utah and Pacific Railroad Company;
4. Chicago, Burlington & Quincy Railroad Company;
5. Burlington Northern Inc. ;
6. Burlington Northern Railroad Company;
7. Town of Erie, Colorado;
8. Mitchell Coal and Land Company;
9. The Mitchell Coal and Land Company;
10. The Colorado Fuel Company;
11. The Colorado Fuel & Iron Company;
12. Colorado Fuel and Iron Company;
13. Colorado Fuel and Iron Corporation;
14. Edward V. Cary;
15. George Zimmerman;
16. Colorado Industrial Company;
17. Arthur Roeder, as Trustee of the Estate of Colorado Fuel and
Iron Company;
18. Celia R. Morantz;
19. A. Morantz a/k/a Abe Morantz;
20. George S. Reynolds;
21. Ray Reynolds;
22. George S. Reynolds and Ray Reynolds;
23. Helene R. Edmiston;
24. George Reynolds and Helene R. Edmiston;
25. Helene Reynolds Edmiston;
26. Helene Reynolds Edmiston and Ray L. Reynolds;
27. Ray L. Reynolds;
28. James A. Howe;
29. Stewart J. Goldstein;
30. Clement F. Knobbe;
31. Genevieve Reynolds;
32. Erie Corporation;
33. Erie Partnership, a Colorado general partnership;
34. Larry O. Malleis;
35. Larry O. Malleis as Attorney-in-Fact of Erie Air Park Company;
36. Eddie Malleis as successor Conservator of the Estate of Larry
O. Malleis, a protected person, Jefferson County, Colorado,
Probate Action No. 89PR632; ;
37. Evelyn Shockley, as successor Guardian of Larry O. Malleis, a
protected person, Jefferson County District Court, Probate
Action No. 89PR632;
38. Sue A. Malleis;
39. Sue A. Brown f/k/a Sue A. Malleis;
40. Sue A. Brown as Attorney-in-Fact of Erie Air Park Company;
41. Erie Air Park Company, a joint venture;
42. Larry O. Malleis, Sue A. Malleis, John D. Kratzer, Minnie
Kratzer, Leroy G. Pierce, Larry E. Thompson, Judith Thompson
and Carolae J. Pierce as Joint Venturers of the joint venture
known of record as Erie Air Park Company;
43. Larry Eugene Thompson;
44. Larry E. Thompson;
45. Judith Thompson;
46. Federal Deposit Insurance Corporation, as statutory successor
to Resolution Trust Corporation as Receiver of Nile Valley
Savings and Loan Association, Scottsbluff, Nebraska;
47. Northern Colorado Water Conservancy District acting by and
through Southern Water Supply Project Water Activity
Enterprise;
48. Daniel Cameron Montgomery, Trustee;
49. Patricia Anne Montgomery, Trustee;
50. Sheridan Schofield;
51. Eagle Bay Investments LLC, a Colorado limited liability
company;
52. FUNS as Custodian per Custody Agreement;
53. WHC Limited Liability Company, a Colorado limited liability
company;
54. Robert Lee Rock;
55. Sharon K. Carley;
56. Coal Creek Aviation;
57. William Robert Eason;
58. Turbo Flite Inc. ;
59. David D. King;
60. Richard A. Gapter;
61. Skies Unlimited, Inc. of Colorado d/b/a Tri-County Airport,
Inc. ;
62. Glen R. Anstine, as Trustee for Skies Unlimited of Colorado,
Inc. d/b/a Tri-County Airport, Debtor, U.S. Bankruptcy Court,
District of Colorado, Case No. 91-21075;
63. Tri-County Airport, Inc. ;
64. Tri-County Airport;
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65. Tri-County Hanger Co. ;
66. John D. Kratzer and Minnie Kratzer;
67. The Centric Corporation;
68. H. S. Adnan;
69. Rosalie I. Adman as Personal Representative of the Estate of
Haji Adman a/k/a H. S. Adman a/k/a Haji Siraj Adman, deceased,
Adams County Colorado District Court, Probate Action No.
94PR513;
70. Rosalie I. Adman as Heir-at-Law of H. S. Adman;
71. Marjorie Pierce as Heir-at-Law of H. S. Adnan;
72. Lisa McFarland as Heir-at-Law of H. S. Adman;
73. Susan Koch as Heir-at-Law of H. S. Adman;
74. Kendrick Adman as Heir-at-Law of H. S. Adman;
75. Jaailah Adnan as Heir-at-Law of H. S. Adman;
76. Leroy G. Pierce;
77. Leroy G. Pierce as Attorney-in-Fact of Erie Air Park Company;
78. Dennis C. Wiley;
79. Judith A. Wiley;
80. William P. Diesch;
81. Mstrowide Investment Corporation;
82. David C. Margos;
83. Deborah Martinez Margos;
84. Deborah Martinez;
85. Robert J. Rogers;
86. Robin G. Rogers;
87. Richard A. Wildman;
88. Kenneth Tyler Scott;
89. Local Service Corporation;
90. C. Mark Phillips;
91. M. Robin Phillips;
92. Lafayette State Bank;
93. Zimmerman Extension of the Leyner and Cottonwood Ditch;
94. Zimmerman Coal Creek Irrigation Company;
95. Erie Coal Creek Ditch and Reservoir Company;
96. Erie Lateral Ditch;
97. City of Lafayette, Colorado;
98. Leyner-Cottonwood Consolidated Ditch Company;
99. Board of County Commissioners of Weld County, Colorado;
100. County of Weld, Colorado;
101. Department of Highways, State of Colorado;
102. Public Service Company of Colorado;
103. U.S. West Communications f/k/a Mountain States Telephone and
Telegraph Company;
104. Caralee J. Pierce;
105. Caralee J. Pierce as Attorney-in-Fact of Erie Air Park
Company;
106. Caralee J. Pierce as Heir-at-Law of Thomas Lee Pierce a/k/a
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Thomas Lee Pierce a/k/a Thomas Pierce a/k/a Thomas L. Pierce,
Deceased;
107. Caralee J. Pierce, as Heir-at-Law of Thomas L. Pierce a/k/a
Thomas LacLead Pierce, Deceased;
108. Douglas J. Lyle;
109. Mary C. Lyle;
110. Richard Fagre;
111. Bolder Enterprises Ltd.
112. Industrial Gas Services, Inc. ;
113. Aldoph Coors Company;
114. Coors Energy Company;
115. Trigen-Nations Energy Company, L.L.L.P. ;
116. Coors Brewing Company;
117. Western Slope Gas Company;
118. Vessels Gas Processing, Inc. ;
119. Amoco Production Company;
120. Panhandle Eastern Pipe Line Company;
121. ANGC Corporation;
122. Dacona Area Fire Protection District;
123. Erie Water and Sanitation District;
124. Union Rural Electric Association, Inc. ;
125. United Power, Inc. ;
126. Tri-Area Ambulance District;
127. Left Hand Water District;
128. Centennial Petroleum Inc. ;
129. Martin Exploration Management Company;
130. Memco Management Corporation;
131. Freedman Oil & Gas Company;
132. Vessels Oil & Gas Company;
133. Union Pacific Railroad Company;
134. Union Pacific Land Resources Company;
135. Union Pacific Resources Company;
136. KN Front Range Gathering Company;
137. Longmont Fire Protection District;
138. Reorganized CF&I Steel Corporation f/k/a The Colorado Fuel and
Iron Corporation;
139. Colorado & Utah Land Company;
140. Crane Land Company;
141. Evergreen Land and Resource Company f/k/a Crane Land Company;
142. David P. Hoover & Associates;
143. Price Oil and Gas Company;
144. Norma Jeanne Freedman;
145. Gerrity oil & Gas Corporation;
146. Koch Exploration Company;
147. Steven D. James;
148. Maureen A. James;
149. L. Alice McCollister;
150. Betty Wise Guida;
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151. B. Brian Neary;
152. William B. Collister;
153. Platte Gas Line Company;
154. Endowment Energy Partners, L.P. ;
155. Snyder Oil Corporation;
156. Soco Wattenberg Corporation;
157. Arthur L. Willis, II as Treasurer of Weld County, Colorado;
158. Kevin Stark as Public Trustee of Weld County, Colorado;
159. PARTIES IN POSSESSION;
160. UNKNOWN PARTIES IN POSSESSION;
161. ANY AND ALL OTHER PERSONS, PARTNERSHIPS, CORPORATIONS OR
ENTITIES OF EVERY TYPE, KIND AND DESCRIPTION WHATSOEVER
UNKNOWN, REAL NAMES UNKNOWN, CLAIMING ANY RIGHT, TITLE,
ESTATE, INTEREST, EQUITY, OR LIEN, WHATSOEVER, IN AND TO OR
AGAINST THE REAL PROPERTY DESCRIBED HEREIN;
162. AND ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT
MATTER OF THIS ACTION;
Defendants.
Plaintiffs, by and through their attorneys, Hamilton and
Faatz, A Professional Corporation, pursuant to C.R.C.P. Rule 105,
for their complaint against the Defendants and each of them, state
and allege as follows:
PRELIMINARY ALLEGATIONS
1. This is an 'action In ism to quiet in Plaintiffs the title
to two (2) described railroad rights-of-way on, over and across the
surface estate of the West half of the West half of Section 31
(W#W#, Sec. 31) , the West half of Section 30 (W#, Sec. 30) and the
West half of the Southwest Quarter of Section 19 (W#SW#, Sec. 19) ,
Township One North (T1N) , Range Sixty-eight West (R68W) , Sixth
Principal Meridian (6th P.M. ) , Weld County, Colorado, viz:
The described one hundred (100) foot wide railroad right-
of-way on, over and across the surface estate of the
W#W# , Sec. 31, the W#, Sec. 30 and the W#SW#, Sec. 19
which comprised a part of the Burlington Northern
Railroad Company (BNRR) Broomfield to Longmont, Colorado
branch line, now abandoned; and
The described seventy-five (75) foot wide railroad right-
of-way on, over and across the surface estate of the N#
SW# and the NW#, Sec. 30, which comprised a part of the
Chicago, Burlington & Quincy Railroad Company (CB&Q)
Columbine Mine spur line, now abandoned.
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2. According to the records in the office of the Clerk and
Recorder, Weld County, Colorado (WCR) , upon information and belief,
the legal description of the 100 foot wide railroad right-of-way is
as is set forth as Parcel 1 on the accompanying Legal Description
and illustrated for information only on the accompanying Plat,
which Legal Description and Plat are attached hereto, incorporated
herein and made a part hereof to the same intent and extent as if
set forth in full text and depiction at this location.
3. According to the WCR, upon information and belief, the
legal description of the 75 foot wide railroad right-of-way is as
is set forth as Parcel II on the accompanying referenced Legal
Description and illustrated for information only on the referenced
Plat.
4. The Weld County records referred to in Paragraphs 2 and
3 above are as follows:
a. Those certain Chicago, Burlington & Quincy Railroad
Company (CB&Q) right-of-way plats, on file in the Office of the
Clerk and Recorder, Weld County, Colorado (WCR) in Envelope No.
354, Index No. 8-326, Map #3, CB&Q Drawing No. 49315, as to the
WMW&, Sec. 31; Map. #1 CB&Q Drawing No. 493214, as to the Wh, Sec.
30; and Map #3, CB&Q Drawing No. ERIE 49315, as to the WkSW3/4, Sec.
19.
b. Sheets 1, 2, 3, 4 and 5 of that certain Accurate
Surveys Incorporated plat dated June 9, 1992, filed July 21, 1992,
recorded in B1344, F0295, Document Reception No. 02296371, WCR,
entitled TOWN OF ERIE PLAT SHOWING EXISTING MONUMENTATION ON RIGHT
OF WAY OF THE CHICAGO, BURLINGTON & QUINCY RAILROAD, SECTION 19,
SECTION 30, AND SECTION 31, TOWNSHIP 1 NORTH, RANGE 68 WEST, WELD
COUNTY, COLORADO.
c. Sheets 1, 7 and 8, of that certain Robinson
Surveying & Engineering Co. , plat of ERIE AIR PARK SUBDIVISION
dated April 24, 1978, filed May 3, 1978, recorded as Document
Reception No. 2279, WCR.
5. With respect to the 100 foot wide railroad right-of-way,
Plaintiffs seek judicial confirmation that the original granting
instruments conveyed a limited purpose easement, which easement has
ceased to be used and has been abandoned for the railroad purpose
originally granted; that the separate title to the railroad right-
of-way be extinguished; and that the Plaintiffs' title to the
surface estate in the land underlying the railroad right-of-way be
judicially decreed free and clear of the servitude of the railroad
right-of-way.
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6. With respect to the 75 foot wide railroad right-of-way,
Plaintiffs seek judicial confirmation that the original granting
instrument conveyed a fee simple conditional title to use the
surface estate in the land for the named limited purposes of a
described spur track with a reverter of the title when the original
conditional use ceased and was abandoned, that such use has ceased
and that the reverter of the title in Plaintiffs be judicially
decreed.
7. Plaintiffs, as the successors in interest and title to
the Defendants Genevieve Reynolds, Clement F. Knobbe, Stewart J.
Goldstein, James A. Howe, Ray L. Reynolds, Helene Reynolds, Ray
Reynolds, A. Morantz a/k/a Abe Morantz, Celia R. Morantz, and as
successors in interest and title to the collective CF&I Defendants
as hereinafter in Paragraph 7 below delineated, and as successors
in interest and title to Defendants The Mitchell Coal and Land
Company sometimes known of record as Mitchell Coal and Land
Company, are the owners of the fee simple absolute title to the
surface estate underlying the railroad rights-of-way.
8. Defendant Burlington Northern Railroad Company (BNRR) is
the successor in interest and title to: Defendants Burlington
Northern Inc. (BNI) , Chicago, Burlington & Quincy Railroad Company
(CB&Q) , The Denver, Utah and Pacific Railroad Company, The Denver,
Utah and Pacific Rail Road Company and to The Denver, Utah and
Pacific Rail-road Company (all railroads collectively BNRR) .
9. Defendants Reorganized CF&I Steel Corporation, formerly
known as The Colorado Fuel and Iron Corporation, is the successor
in interest and title to: Defendants Arthur Roeder, as Trustee of
the Estate of Colorado Fuel and Iron Company, Colorado Industrial
Company, Colorado Fuel and Iron Corporation, Colorado Fuel and Iron
Company, The Colorado Fuel & Iron Company and The Colorado Fuel
Company (collectively CF&I) .
SPWRPAT, ALT.RGATTONS--100 FOOT WIDE RAILROAD RIGHT-OF-WAY
10. By Right-of-Way Deed filed August 13, 1881, recorded in
Book 30, Page 259, Document Reception No. 7106, WCR, the Mitchell
Coal and Land Company conveyed a railroad right-of-way on, over and
across the WhW'I, Sec. 31, the W!, Sec. 30 and the WhSVA, Sec. 19 to
The Denver, Utah and Pacific Rail Road Company. Upon information
and belief, this is the 100 foot wide railroad right-of-way
described in Paragraph 2.
11. By Quitclaim Deed dated March 25, 1882, filed April 1,
1882, recorded in Book 30, Page 502, Document Reception No. 8226,
WCR, the Mitchell Coal and Land company conveyed a railroad right-
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of-way on, over and across the WMWM, Sec. 31, the W}, Sec. 30 and
the WhSW;, Sec. 19 to The Denver, Utah and Pacific Railroad
Company. Upon information and belief, this is one and the same
identical 100 foot wide railroad right-of-way described in
Paragraph 10 above.
12. By Warranty Deed dated January 27, 1917, filed February
16, 1917, recorded in Book 471, Page 24, Document Reception No.
245989, WCR, The Mitchell Coal and Land Company conveyed the WSW;,
Sec. 31, W;, Sec. 30 and % ASWA, Sec. 19 to The Colorado Fuel and
Iron Company, reserving unto Mitchell, its successors and assigns,
a railroad right-of-way for the use and benefit of Chicago,
Burlington & Quincy Railroad Company. Upon information and belief,
this is one and the same identical 100 foot wide railroad right-of-
way described in Paragraph 10 above.
13. By Notice of Exemption, Decided August 24, 1984, Service
Date August 31, 1984, the Interstate Commerce Commission (ICC) in
Docket No. AB-6 (Sub-No. 281X) , Durlinaton Northern Railroad
Comoanv--Abandonment--In Boulder and Weld Counties. Co. , pursuant
to 49 C.F.R. 1152. Subpart F--Exempt Abandonments (49 C.F.R. 4
1152 . 501 reported that the line permitted to be abandoned was
between milepost 22.17 near Lafayette, and milepost 26.00 near
Erie, a distance of 3.85 miles in Boulder and Weld Counties
Colorado. Upon information and belief, the line of railroad so
abandoned includes the line of railroad situated upon the same
identical 100 foot railroad right-of-way described in Paragraph 10
above.
14. Upon information and belief, rail traffic over the line
of railroad so abandoned ceased on or before August 31, 1982. Upon
information and belief, the line of railroad situated upon the 100
foot wide railroad right-of-way was dismantled, taken up and
physically removed immediately on and after August 31, 1984.
15. Upon information and belief, the 100 foot wide railroad
right-of-way ceased to be used and was abandoned for the railroad
purposes originally granted, on August 31, 1984, and this cessation
of use and abandonment for railroad purposes continues to the
present day.
16. By Quitclaim Deed dated February 27, 1992, filed March
10, 1992, recorded in Book 1328, Document Reception No. 2280470,
WCR, Burlington Northern Railroad Company conveyed a 100 foot wide
railroad right-of-way to Town of Erie. Upon information and
belief, this . is a conveyance of one and the same 100 foot wide
railroad right-of-way described in Paragraph 10. above.
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17. Town of Erie is not a railroad, nor authorized by law to
be a railroad, nor a common, contract or private carrier by rail.
Town of Erie is not making use of its purported conveyance of the
railroad right-of-way for the specified and limited railroad uses
and railroad purposes stated in the granting instruments.
GWIERAL ALLFGATIONS--75 FOOT WIDE RATT.ROAD RIGHT-OF-WAY
18. By Right-of-Way Deed dated December 16, 1919, filed
August 6, 1920, recorded in Book 541, Page 527, Document Reception
No. 323982, WCR, The Colorado Fuel and Iron Company conveyed unto
Chicago Burlington & Quincy Railroad Company (CB&Q) a railroad
right-of-way and easement on, over and across the W1/2, Sec. 30 for
the express use and purpose of a spur track or line of railroad
leading from the CB&Q main line on, over and across the Wk, Sec.
30, to the Columbine Mine of the Rocky Mountain Fuel Company, upon
the condition that should said land cease to be used as a right-of-
way for a railroad, then in that event all right, title and
interest of CB&Q, its successors or assigns, shall revert to CF&I,
its successors and assigns. Upon information and belief, this is
the 75 foot wide railroad right-of-way and easement.
19. According to the records in the Office of the Colorado
Geological Survey, Department of Natural Resources, State of
Colorado, Denver, Colorado, the Columbine Mine of the Rocky
Mountain Fuel Company was finished and closed no later than the end
of the year 1946.
20. Upon information and belief, CB&Q trackage and facilities
serving the Columbine Mine have long since been removed and no
longer exist or occupy the 75 foot wide railroad right-of-way upon
and across the W3i, Sec. 30.
21. By Warranty Deed dated August 3, 1943, filed August 10,
1943, recorded in Book 1115, Page 165, Document Reception No.
922409, WCR, the Mineral Estate in the WiW , Sec. 31, the Wh, Sec.
30 and the WkSWh, Sec. 19 was severed from the Surface Estate in
said land, with The Colorado Fuel and Iron Corporation reserving
the severed mineral estate to itself, its successors and assigns,
and with Celia R. Morantz and A. Morantz, their heirs, successors
and assigns being conveyed the title to the severed surface estate
in the land.
22. Upon information and belief, the Defendants Industrial
Gas Services, Inc. , Adolph Coors Company, Coors Energy Company,
Trigen-Nations Energy Company, L.L.L.P. , Coors Brewing Company,
Western Slope Gas Company, Vessels Gas Processing, Inc. , AMOCO
Production Company, Panhandle Eastern Pipe Line Company, ANGC
9
Corporation, RN Front Range Gathering Company, Platte Gas Line
Company, Snyder Oil Company and SOCO Wattenberg Corporation, or
some one or more of them, as their respective interests may appear
of record, may possess pipeline or other rights-of-way or easements
over, under or across the surface estate of the WMWM, Sec. 31, the
10, Sec. 30 or the ASIA, Sec. 19 underlying the 100 foot wide and
the 75 foot wide railroad rights-of-way, or in the 100 foot wide
and/or in the 75 foot wide railroad rights-of-way.
23. Upon information and belief, the Defendants Edward C.
Cary, George Zimmerman, Northern Colorado Water Conservancy
District acting by and through Southern Water Supply Project Water
Activity Enterprise, Zimmerman Extension of the Leyner and
Cottonwood Ditch, Erie Coal Creek Ditch and Reservoir Company, Erie
Lateral Ditch, City of Lafayette, Colorado, Leyner-Cottonwood
Consolidated Ditch Company and/or Left Hand Water District, or some
one or more of them, as their respective interests may appear of
record, may possess ditch, waterpipe line or reservoir interests
over, under or across the surface estate of the WhWh, Sec. 31, the
W#, Sec. 30 and/or in the W#SW3/4, Sec. 19 underlying the 100 foot
wide and the 75 foot wide railroad rights-of-way, or in the 100
foot wide and/or the 75 foot wide railroad rights-of-way.
24. Upon information and belief, the Defendants Public
Service Company of Colorado, U.S. West Communications f/k/a
Mountain States Telephone and Telegraph Company, Erie Water and
Sanitation District, Union Rural Electric Association, Inc. and/or
United Power, Inc. , or some one or more of them, as their
respective interests may appear of record, may possess gas,
electric, telephone, microwave, water, waste water, sewer and/or
utility interests above, beneath, over, under, across or upon the
surface estate of the WAWA, Sec. 31, the Wk, Sec. 30 and/or the
WhSW3/4, Sec. 19 underlying the 100 foot wide and the 75 foot wide
railroad rights-of-way, or in the 100 foot wide and/or in the 75
foot wide railroad rights-of-way.
25. Upon information and belief, the Defendants Dacona Area
Fire Protection District, Tri-Area Ambulance District and/or
Longmont Fire Protection District, or some one or more of them, as
their respective interests may appear of record, may possess an
interest in the surface estate of the WOWA, Sec. 31, the Wh, Sec.
30 and/or the WASA, Sec. 19 underlying the 100 foot wide and the
75 foot wide railroad rights-of-way, or in the 100 foot wide and/or
in the 75 foot wide railroad rights-of-way.
26. Upon information and belief, the Defendants as identified
in the caption of this Complaint, beginning with the Defendant Erie
Corporation (No. 32) and running thence consecutively through the
10
Defendant Lafayette State Bank (No. 92) , and beginning with the
Defendant Caralee Pierce (No. 104) and running thence consecutively
through the Defendant Bolder Enterprises Ltd. (No. 111) and the
Defendant Union Pacific Railroad Company (No. 133) , or some one or
more of them as their respective interests may appear of record,
may possess an interest in the surface estate of the W#W#, Sec. 31,
the W#, Sec. 30 or the W#SW#, Sec. 19, underlying the 100 foot wide
and the 75 foot wide railroad rights-of-way, or in the 100 foot
wide and/or in the 75 foot wide railroad rights-of-way.
27. Upon information and belief, none of the parties
Defendant named in Paragraph 26 above individually, collectively or
in any combination, are vested with, are in possession of, or have
any valid lien, claim or charge, or enjoy, or are entitled to any
estate, right, title, interest, equity, possession or right to
possession, of any nature, type, kind or description whatsoever in,
against or with respect to the surface estate in the 100 foot wide
railroad right-of-way, the 75 foot wide railroad right-of-way, or
any part thereof, or in that part of the surface estate of the
W#W#, Sec. 31, the W#, Sec. 30 or the W#SW#, Sec. 19, underlying
said railroad rights-of-way or any part thereof.
28. Upon information and belief, the Defendants ANGC
Corporation, Centennial Petroleum Inc. ; Martin Exploration
Management Company, Memco Management Corporation, Freedman oil &
Gas Company, vessels oil & Gas Company, Union Pacific Resources
Company; KN Front Range Gathering Company, Reorganized CF&I Steel
Corporation f/k/a The Colorado Fuel and Iron Corporation, Colorado
& Utah Land Company; Crane Land Company, Evergreen Land and
Resource Company f/k/a Crane Land Company, David P. Hoover &
Associates, Price Oil and Gas Company, Norma Jeanne Freedman,
Gerrity oil & Gas Corporation, Kock Exploration Company, Steven D.
James, Maureen A. James, L. Alice McCollister; Betty Wise Guida, B.
Brian Neary, William B. Collister, Endowment Energy Partners, L.P. ,
Snyder Oil Corporation, Soco Wattenberg Corporation or some one or
more of them as their respective interests may appear of record may
possess a right to use a part of the surface estate of the W#W#,
Sec. 31, the W#, Sec. 30 or the W#SW#, Sec. 19, the 100 foot wide
and the 75 foot wide railroad rights-of-way by virtue of their
respective interest in the severed mineral estate.
29. Upon information and belief, none of the parties
Defendant named in Paragraph 28 above individually, collectively or
in any combination are vested with, are in possession of, or have
any valid lien, claim or charge, or enjoy, or are entitled to any
estate, right, title, interest, equity, possession or right to
possession, of any nature, type, kind or description whatsoever in,
against or with respect to the 100 foot wide railroad right-of-way,
11
the 75 foot wide railroad right-of-way, or any part thereof, or the
surface estate of the WSW$, Sec. 31, the W#, Sec. 30 or the W SA,
Sec. 19, underlying said 100 foot wide and 75 foot wide railroad
rights-of-way or any part thereof, except such as may have been
derived and are now held by said Defendants, or any of them, by
virtue of holding an interest in the severed mineral estate.
30. Upon information and belief, the Defendant Board of
County Commissioners of Weld County, Colorado (No. 99) , Defendant
County of Weld, Colorado (No. 96) , Defendant Arthur L. Willis, II,
as Treasurer of Weld County, Colorado (No. 157) and the Defendant
Kevin Stark, as Public Trustee of Weld County, Colorado (No. 158)
or some one or more of them as their respective interests may
appear of record may possess an interest in the surface estate of
the WWWk, Sec. 31, the W', Sec. 30 or the WASWA, Sec. 19 by virtue
of Tax Deeds, Tax Sale Certificates, Deeds of Trust or other
instruments of record.
31. Upon information and belief, none of the parties
Defendant named in Paragraph 30 above individually, collectively or
in any combination are vested with, are in possession of, or have
any valid lien, claim or charge, or enjoy, or are entitled to any
estate, right, title, interest, equity, possession or right to
possession, of any nature, type, kind or description whatsoever in,
against or with respect to the surface estate in the 100 foot wide
railroad right-of-way, the 75 foot wide railroad right-of-way or
any part thereof, or the surface estate of the WSW;, Sec. 31, the
Wh, Sec. 30 or the WSW', Sec. 19 underlying said 100 foot wide and
75 foot wide railroad right-of-way or any part thereof, except such
as may have been derived and are now held by said Defendants, or
any of them, by virtue of the official execution of their
respective offices.
32. Because more than one Defendant is named in the caption
of this Complaint, the singular terms used in this pleading shall
be construed to be plural as appropriate, and the male gender shall
be construed to include the female and neuter gender, as the
circumstances may require. The numbers in the caption preceding
the Defendants' names are for administrative convenience and have
no legal effect or implication.
33. There may be one or more persons interested in the
subject matter of this action whose name(s) cannot be inserted
herein because the name(s) are unknown to the Plaintiffs although
diligent efforts have been made to ascertain the name(s) of the
person(s) ; those persons have been made Defendants and designated
as "ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT
MATTER OF THIS ACTION;" so far as Plaintiffs' knowledge,
12
information and belief extends, and based on such knowledge,
information and belief, the interest of the unknown parties are
derived from, by or through some one or more of the named
Defendants.
FIRST CLA?M FOR R .LIEF
(Adverse Possession, 100 Foot Wide Railroad Right-of-Way)
34. Plaintiffs are the owners of the fee simple absolute
title, and are in actual, lawful and exclusive possession and use
of the surface estate underlying the 100 foot wide railroad right-
of-way.
35. Plaintiffs now exercise, and Plaintiffs and their
predecessors in interest, title and possession, and each of them,
continuously have exercised exclusive dominion, control and
ownership of the surface estate underlying the 100 foot wide
railroad right-of-way.
36. Plaintiffs now are, and Plaintiffs and said predecessors
have been, the record owners and in actual, adverse, hostile,
exclusive, open, notorious, continuous and uninterrupted possession
and use of the surface estate underlying the 100 foot wide railroad
right-of-way to the exclusion of all others.
37. Plaintiffs and their predecessors in interest and title
have paid all the real property taxes assessed and levied upon the
surface estate underlying the 100 foot wide railroad right-of-way
for a period of time in excess of the statute(s) of limitation, in
such case made and provided and applicable thereto.
38. Prior to the February 27, 1992 Quitclaim Deed (referred
to in Paragraph 16 above) from Burlington Northern Railroad Company
(BNRR) to Town of Erie, of BNRR and its predecessors for the years
1882 until 1992 annually paid the taxes on the 100 foot wide right-
of-way, pursuant to the applicable Colorado statutes pertaining to
the taxation of the railway right-of-way and property of railroad
common carriers, so made and provided.
39. Commencing with the real property taxes payable in 1993
to the present, Town of Erie has been assessed and has paid the
real property taxes on the 100 foot wide railroad right-of-way.
40. The time of payment of the real property taxes on the 100
foot wide railroad right-of-way by Town of Erie cannot be added to
the period of time of the payment of taxes on the 100 foot wide
railroad right-of-way by BNRR and its predecessors.
13
41. The length of time of the payment of the real property
taxes on the 100 foot wide railroad right-of-way by Town of Erie is
less than the seven (7) year period required by C.R.S. §38-41-108,
plus the two (2) year period required by C.R.S. §38-41-112,
necessary to establish in Town of Erie a claim to the title to the
100 foot wide railroad right-of-way based on the payment of real
property taxes.
42. Defendants and each of them claim, or appear of record to
claim an estate or interest in, or a lien against, the 100 foot
wide railroad right-of-way, and in the surface estate underlying
the 100 foot wide railroad right-of-way, adverse to Plaintiffs, and
the claims of Defendants and each and all of them are without any
right whatsoever. None of the Defendants have, possess, are vested
with, are in possession of, or have any valid lien, claim or charge
against, or enjoy any estate, right, title, interest, equity or
possession whatsoever of, in, against, to or with respect to the
100 foot wide railroad right-of-way or the surface estate
underlying the 100 foot wide railroad right-of-way or any part
thereof.
43. By the Right-of-Way Deed filed August 13, 1881 (referred
to in Paragraph 10 above) , the Quitclaim Deed dated March 25, 1882
(referred to in Paragraph 11 above) and the Warranty Deed dated
January 27, 1917 (referred to in Paragraph 12 above) , the
predecessors of BNRR obtained a title to a 100 foot wide railroad
right-of-way, an easement for railroad purposes only on, over and
across the surface estate of the W'zWk, Sec. 31, the W', Sec. 30 or
the WASW , Sec. 19.
44. At the date of the February 27, 1992 Quitclaim Deed
(referred to in Paragraph 16 above) , the greatest quantity of
estate that BNRR possessed was the easement for railroad purposes
granted to BNRR's predecessors.
45. At the date of the February 27, 1992 Quitclaim Deed, the
greatest quantity of estate which BNRR could legally convey to Town
of Erie was an easement for railroad purposes in the 100 foot wide
railroad right-of-way.
46. By the February 27, 1992 Quitclaim Deed, Town of Erie
received the title to an easement for railroad purposes in the 100
foot wide railroad right-of-way.
47. As of the date of this Complaint, Town of Erie has not
satisfied the 7 year and 2 year requirements of C.R.S. §38-44-108
and §38-41-112, necessary to establish a claim to title to the
easement for railroad purposes in the 100 foot wide railroad right-
14
of-way based on a claim of color of title founded on its purported
paper title.
48. Plaintiffs have expended substantial sums in attorney
fees, costs and expenses which amounts will be presented to the
Court as a part of its proof.
49. WHEREFORE, as and for their First Claim for Relief,
Plaintiffs pray:
a. That this Court try, ascertain and determine the
estate, title and interest of the Plaintiffs and several parties
Defendant, in and to the 100 foot wide railroad right-of-way and in
and to the surface estate underlying the 100 foot wide railroad
right-of-way.
b. That each of the parties Defendant be required to
set forth the nature and extent of his, her, their, or its claim in
and to the 100 foot wide railroad right-of-way, and to the surface
estate underlying the 100 foot wide railroad right-of-way and that
all of the adverse claims of each of the respective parties
Defendant be determined by the judgment and decree of this Court.
c. That by judgment herein it be determined, declared,
decreed, adjudged, and ordered that none of the parties Defendant,
individually, collectively or in any combination, are vested with,
are in possession of, or have any valid lien, claim or charge, or
enjoy, or are entitled to any estate right, title, interest,
equity, possession or right to possession, of any nature, type,
kind or description whatsoever in, against or with respect to the
100 foot wide railroad right-of-way and the surface estate
underlying the 100 foot wide railroad right-of-way or any part
thereof. That the Defendants and each and all of them be forever
enjoined, restrained and debarred from asserting, claiming or
setting up any possession, right to possession, estate, right,
title, interest or equity whatsoever in, or lien, claim or charge
against, the 100 foot wide railroad right-of-way and the surface
estate underlying the 100 foot wide railroad right-of-way or any
part thereof adverse to the Plaintiffs.
d. That by judgment herein it be determined, declared,
adjudged, decreed and ordered that Plaintiffs are the owners of the
fee simple absolute title, in and to the 100 foot wide railroad
right-of-way and the surface estate underlying the 100 foot wide
railroad right-of-way, are entitled to the exclusive possession and
use thereof and the title thereto be quieted in Plaintiffs.
15
e. For such other and further relief as this Court
shall deem appropriate to equity in the circumstances, and if
permitted that Plaintiffs recover their costs and disbursements and
attorney's fees herein.
SECOND CTATM FOR RELIEF
(Declaratory Judgment and Quiet Title)
(100 foot wide railroad right-of-way)
50. Plaintiffs repeat and incorporate herein all previous
allegations and prayers for relief.
51. By that certain Right-of-Way Deed filed August 13, 1881,
recorded in Book 30, Page 259, Document Reception No. 7106, WCR,
(referred to in Paragraph 10 above) , the Mitchell Coal and Land
Company conveyed a 100 foot wide railroad right-of-way on, over and
across the W4Wk, Sec. 31, W} Sec. 30 and the WkSW3/4 Sec. 19, T1N,
R68W, 6th P.M. , Weld County, Colorado, unto The Denver, Utah and
Pacific Rail Road Company reciting that the Grantee, The Denver,
Utah and Pacific Railroad Company:
is now engaged in locating its railroad and telegraph
line as projected from Denver, Colorado and will require
the right of way in order to construct its road and
telegraph line over and through lands, when; as it may
locate the same, and in the transaction of its business
will require other tracts and parcels of land for the
Stations, Depots, Side tracks, Water Stations, Work
Shops, Engine houses and other purposes along the route
of said railroad for its uses and conveniences of the
public.
Now, The Mitchell Coal and Land Company, . . . does
hereby give, grant, quit claim, sell and convey to the
said Railroad Company for the uses and purposes aforesaid
absolutely the following described parcels of ground in
the County of Weld in the State of Colorado namely. A
piece or pieces and tract or tracts of land in, over and
through either or all of the following tracts of land
wherever said Railroad Company may locate their road,
viz: Of sufficient width to construct one or more tracks
of said railroad and also all the surface ground that
said Railroad Company may require on any portion of said
lands for sidings, depots, station houses, water
stations, warehouses and any other necessary buildings--
and any part of parts of said lands.
16
To have and to hold the same to the said The Denver, Utah
and Pacific Rail Road Company, its successors and assigns
for the uses and purposes aforesaid forever.
52. According to the record on August 13, 1881, The Mitchell
Coal and Land Company was the owner of and vested with the fee
simple absolute title to the W#W#, Sec. 31, the W#, Sec. 30 and the
W#SW#, Sec. 19, TIN, R68W, 6th P.M. Weld County, Colorado.
According to the record, there is no limiting description of the
land owned by the Mitchell Coal and Land Company over which the
railroad right-of-way was conveyed by said Right-of-Way Deed filed
August 13, 1881, nor is there any limiting description of the
railroad right-of-way conveyed by said Deed. According to the
record, the railroad right-of-way conveyed by said Deed extends
over, upon, across and encumbers the entire surface estate of said
W#W# Sec, 31, said W#, Sec. 30 and said W#SW#, Sec. 19.
53. The Right-of-Way Deed filed August 13, 1881 conveyed a
railroad right-of-way, a surface easement and use, for the specific
and limited purpose of locating, constructing, operating and
maintaining the railroad and telegraph line of The Denver, Utah and
Pacific Rail Road Company for the transaction of the business of
the railroad and for the sidings, stations, depots, side tracks,
water stations, workshops, engine houses, warehouses, other
necessary buildings and other purposes along the route of the
railroad for its uses and for the convenience of the public.
54. Plaintiffs are the successors in interest and title to
The Mitchell Coal and Land Company, and as such are the present
owners of, in possession of, and vested with the fee simple title
to so much and all that part of the surface estate in the W#W# Sec.
31, the W# Sec. 30 and the W#SW# Sec. 19, underlying the 100 foot
wide railroad right-of-way encumbered by the servitude of the 100
foot wide railroad right-of-way originally granted for specific and
limited railroad uses and railroad purposes.
55. By Quitclaim Deed dated February 27, 1992, (referred to
in Paragraph 16 above) , the Town of Erie received from BNRR the
title to the 100 foot wide railroad right-of-way originally
conveyed to The Denver, Utah and Pacific Rail Road Company. The
Town of Erie appears of record to be the present owner of said 100
foot wide railroad right-of-way, an easement, for the specific and
limited railroad uses and railroad purposes stated in the Right-of-
Way Deed filed August 13, 1881.
56. According to the Notice of Exemption (referred to in
Paragraph 13 above) , and the February 27, 1992 Deed, BNRR
discontinued all railroad activities on, over and across the 100
17
foot wide railroad right-of-way and removed all railroad structures
and facilities from the right-of-way. These instruments in the
public record constitute public notice and evidence of the
cessation of use and an abandonment of the 100 foot wide railroad
right-of-way for the specific and limited railroad uses and
railroad purposes stated in the Right-of-Way Deed filed August 13,
1881.
57. Town of Erie is not a railroad, nor authorized by law to
be a railroad, nor a common, contract or private carrier by rail.
Town of Erie is not making use of the railroad right-of-way for the
specified and limited railroad uses and railroad purposes stated in
the Right-of-Way Deed filed August 13, 1881.
58. The 100 foot wide railroad right-of-way conveyed by the
Right-of-Way Deed filed August 13, 1881 should be judicially
declared to be abandoned and to no longer be held and used for the
railroad uses and railroad purposes originally granted. The title
to said railroad right-of-way should be judicially declared
revested in Plaintiffs, and the condition on the use of the
premises as a right-of-way for a railroad, should be declared and
decreed no longer in force and effect and the encumbrance of the
railroad right-of-way should be judicially removed from the
Plaintiffs' title.
59. Plaintiffs have expended substantial sums in attorney
fees, costs and expenses which amounts will be presented to the
Court as a part of its proof.
60. WHEREFORE, as and for their Second Claim for Relief,
Plaintiffs pray:
a. That this Court try, ascertain and determine the
estate, title and interest of Plaintiffs and Defendant Town of Erie
herein, in and to the 100 foot wide railroad right-of-way conveyed
by the Right-of-Way Deed filed August 13, 1881.
b. That Defendant Town of Erie be required to set forth
the nature and extent of its claim, if any, in and to said 100 foot
wide railroad right-of-way, and why said railroad right-of-way has
not now ceased to be used for the specified and limited railroad
purposes and railroad uses originally granted.
c. That by judgment herein it be determined, declared,
decreed, adjudged, and ordered that Defendant Town of Erie is not
vested with, is not in possession of, does not have any valid lien,
claim or charge, does not enjoy, is not entitled to any estate,
right, title, interest, equity, possession or right to possession,
18
of any nature, type, kind or description whatsoever in, against or
with respect to the 100 foot wide railroad right-of-way or any part
thereof described in the Right-of-Way Deed filed August 13, 1881.
That the Defendant Town of Erie, its successors and assigns, and
each and all of them, be forever enjoined, restrained and debarred
from asserting, claiming or setting up any possession, right to
possession, estate, right, title, interest or equity whatsoever in,
or lien, claim or charge against, said 100 foot wide railroad
right-of-way or any part thereof adverse to the Plaintiffs.
d. That by judgment herein it be determined, declared,
adjudged, decreed and ordered that the title to said 100 foot wide
railroad right-of-way has and is revested in Plaintiffs, and that
Plaintiffs are the owners of the fee simple absolute title, in and
to the 100 foot wide railroad right-of-way, and in the surface
estate underlying the 100 foot wide railroad right-of-way, free and
clear of the servitude and 100 foot wide railroad right-of-way and
said title thereto be quieted in Plaintiffs.
e. For such other and further relief as this Court
shall deem appropriate to equity in the circumstances, and if
permitted that Plaintiffs recover their costs and disbursements and
attorney's fees herein.
TRTRJ) CT,ATM FOR RELIEF
(Declaratory Judgment and Quiet Title)
(100 foot wide railroad right-of-way)
61. Plaintiffs repeat and incorporate herein all previous
allegations and prayers for relief.
62. By that certain Quit Claim Deed dated March 25, 1881,
filed April 1, 1882, recorded in Book 30, Page 502, Document
Reception No. 8226 WCR, (referred to in Paragraph 11 above) , the
Mitchell Coal and Land company conveyed a 100 foot wide railroad
right-of-way unto The Denver, Utah and Pacific Railroad Company in
the following words and figures:
. the Mitchell Coal and Land Company . of the
first part and the Denver Utah and Pacific Railroad
Company . . . of the second part, Witnesseth that the
said party of the first part . , has remised,
released, sold, conveyed and quitclaimed and by these
presents does remise, sell, convey and quitclaim unto the
said party of the second part, its successors and assigns
forever, all the right, title, interest, claim and demand
which said party of the first part has in the following
19
described lands, situate lying and being in the County of
Weld and State of Colorado, to-wit:
The use of sufficient land to construct, operate and
maintain one or more tracks of Railroad, Ys, Sidings,
Water Tanks (Section Houses with lots to each one hundred
[100) feet square) where said Railroad, Section House,
Water tank, Ys and sidings are now located, and at any
place or places where said Rail Road Company may
hereafter deem it necessary to locate more Railroad,
Water tanks, Sidings, Ys or Section Houses or other
fixtures on, over and through any part of the Northwest
quarter and the Southwest quarter of Section thirty (30)
and the West half of the Northwest quarter and the West
half of the Southwest quarter of Section thirty-one (31)
and the West half of the Southwest quarter of Section
Nineteen (19) , all in Township One (1) North of Range
Sixty-eight (68) West of the Sixth Principal Meridian.
To have to hold the same . . .
63. According to the record on March 25, 1882, the Mitchell
Coal and Land Company was the owner of and vested with the fee
simple absolute title to the W1, Sec. 31, the NWT and the SW1 (the
W1) , Sec. 30 and the W1/2SW1/2, Sec. 19, T1N, R68W, 6th P.M. , Weld
County, Colorado. According to the record, there is no limiting
description of the land owned by The Mitchell Coal and Land Company
over which the railroad right-of-way was conveyed by said Quit
Claim Deed dated March 25, 1882, nor is there any limiting
description of the railroad right-of-way conveyed by said Deed.
According to the record, the railroad right-of-way conveyed by said
Deed extends over, upon, across and encumbers the entire surface
estate of said W#Wh Sec, 31, said W1, Sec. 30 and said W1/2SW1/2, Sec.
19.
64. The Quit Claim Deed dated March 25, 1882 conveyed a
railroad right-of-way, a surface easement and use, across the
premises for the specific and limited purpose of constructing,
operating and maintaining one or more tracks of railroad, Ys,
sidings, water tanks and section houses of The Denver, Utah and
Pacific Railroad Company where the railroad, section house, water
tank, Ys and sidings were located on March 25, 1881, and at any
place where the Railroad Company may thereafter deem it necessary
to locate more railroad, water tanks, sidings, Ys or section houses
or other fixtures on, over or through the described premises.
65. Plaintiffs are the successors in interest and title to
The Mitchell Coal and Land Company, and as such are the present
20
owners of, in possession of, and vested with the fee simple title
to so much and all that part of the surface estate in the W#W# Sec.
31, the W# Sec. 30 and the W#SW# Sec. 19, encumbered by the
servitude of the 100 foot wide railroad right-of-way for specific
and limited railroad uses and railroad purposes.
66. According to the Notice of Exemption (referred to in
Paragraph 13 above) and the February 27, 1992 Deed, (referred to in
Paragraph 16) BNRR discontinued all railroad activities on, over
and across the 100 foot wide railroad right-of-way and removed all
railroad structures and facilities from the right-of-way. These
instruments in the public record constitute public notice and
evidence of the cessation of use and an abandonment of the railroad
right-of-way for the specific and limited railroad uses and
railroad purposes stated in the Quit Claim Deed dated March 25,
1882.
67. Town of Erie is not a railroad, nor authorized by law to
be a railroad, nor a common, contract or private carrier by rail.
Town of Erie is not making use of the railroad right-of-way for the
specified and limited railroad uses and railroad purposes stated in
the Quit Claim Deed dated March 25, 1882.
68. The 100 foot wide railroad right-of-way conveyed by the
Quit Claim Deed dated March 25, 1882 should be judicially declared
to be abandoned and to no longer be held and used for the railroad
uses and railroad purposes originally granted. The title to said
railroad right-of-way should be judicially declared revested in
Plaintiffs, and the condition on the use of the premises as a
right-of-way for a railroad, should be declared and decreed no
longer in force and effect and the encumbrance of the railroad
right-of-way should be judicially removed from the Plaintiffs'
title.
69. Plaintiffs have expended substantial sums in attorney
fees, costs and expenses which amounts will be presented to the
Court as a part of its proof.
70. WHEREFORE, as and for their Third Claim for Relief,
Plaintiffs pray:
a. That this Court try, ascertain and determine the
estate, title and interest of Plaintiffs and Defendant Town of Erie
herein, in and to the 100 foot wide railroad right-of-way conveyed
by the Quit Claim Deed dated March 25, 1882.
b. That Defendant Town of Erie be required to set forth
the nature and extent of its claim, if any, in and to said 100 foot
21
wide railroad right-of-way, why said railroad right-of-way has not
now ceased to be used for the specified and limited railroad
purposes and railroad uses originally granted.
c. That by judgment herein it be determined, declared,
decreed, adjudged, and ordered that Defendant Town of Erie is not
vested with, is not in possession of, does not have any valid lien,
claim or charge, does not enjoy, is not entitled to any estate,
right, title, interest, equity, possession or right to possession,
of any nature, type, kind or description whatsoever in, against or
with respect to the 100 foot wide railroad right-of-way or any part
thereof described in the Quit Claim Deed dated March 25, 1882.
That the Defendant Town of Erie, its successors and assigns, and
each and all of them, be forever enjoined, restrained and debarred
from asserting, claiming or setting up any possession, right to
possession, estate, right, title, interest or equity whatsoever in,
or lien, claim or charge against, said railroad right-of-way or any
part thereof adverse to the Plaintiffs.
d. That by judgment herein it be determined, declared,
adjudged, decreed and ordered that the title to said 100 foot wide
railroad right-of-way has and is revested in Plaintiffs, and that
Plaintiffs are the owners of the fee simple absolute title, in and
to the 100 foot wide railroad right-of-way and in the land
underlying the 100 foot wide railroad right-of-way free and clear
of the servitude and 100 foot wide railroad right-of-way conveyed
by the Quitclaim Deed dated March 25, 1882, and said title thereto
be quieted in Plaintiffs.
e. For such other and further relief as this Court
shall deem appropriate to equity in the circumstances, and if
permitted that Plaintiffs recover their costs and disbursements and
attorney's fees herein.
FOURTH CLAIM FOR RELIEF
(Declaratory Judgment and Quiet Title)
(100 foot wide railroad right-of-way)
71. Plaintiffs repeat and incorporate herein all previous
allegations and prayers for relief.
72. By that certain Warranty Deed dated January 27, 1917,
filed February 16, 1917, recorded in Book 471, Page 24, Document
Reception Number 245989, WCR (referred to in Paragraph 12 above) ,
The Mitchell Coal and Land Company, conveyed the WAWA, Sec. 31, Wh,
Sec. 30 and the W'ASW'A, Sec. 19, to The Colorado Fuel and Iron
Company, reserving unto The Mitchell Coal and Land Company, its
successors and assigns, a railroad right-of-way for the use and
22
benefit of Chicago, Burlington & Quincy Railroad Company (CB&Q) ,
viz:
An easement or right-of-way for railroad purposes one
hundred (100) feet in width being fifty (50) feet on each
side of the center of the railway track now located and
constructed upon said land and constituting a portion of
the Lyons Branch of Chicago, Burlington & Quincy Railroad
Company,
73. According to the record on January 27, 1917, The Mitchell
Coal and Land Company (Mitchell) was the owner of and vested with
the fee simple absolute title to the 1O64h, Sec. 31, the WA, Sec. 30
and the WASWA, Sec. 19, TIN, R68W, 6th P.M. , Weld County, Colorado.
According to the record, the description of the land owned by
Mitchell over which the railroad right-of-way reserved by Mitchell
for the use and benefit of Chicago, Burlington & Quincy Railroad
Company (CB&Q) by the Deed was limited to that part of the premises
over which on January 27, 1921, was located, constructed, operated
and maintained the 100 foot wide railway track of CB&Q. According
to the record this 100 foot wide railroad right-of-way so reserved
by Mitchell for the use and benefit of CS&Q extends over, upon,
across and encumbers the designated part of the surface estate of
the W'Wh, Sec. 31, the W'i, Sec. 30 and the WASWA, Sec. 19.
74. Upon information and belief, this is one and the same
identical 100 foot wide railroad right-of-way as the said 100 foot
wide railroad right-of-way.
75. The Warranty Deed dated January 27, 1917 reserved to
Mitchell a railroad right-of-way across the Premises for the
specific and limited purposes of the continued location,
construction, operation and maintenance of the CB&Q railway track
located upon the 100 foot wide railroad right-of-way.
76. Plaintiffs are the successors in interest and title to
The Mitchell Coal and Land Company, and as such are the present
owners of, in possession of, and vested with the fee simple title
to so much and all that part of the surface estate in the WAWA Sec.
31, the Wh Sec. 30 and the W'SW3/4 Sec. 19, underlying the 100 foot
wide railroad right-of-way encumbered by the servitude of the 100
foot wide railroad right-of-way reserved in the Warranty Deed dated
January 27 1917 for the specific and limited railroad uses and
railroad purposes.
77. According to the Notice of Exemption and the February 27,
1992 Deed, BNRR discontinued all railroad activities on, over and
across the 100 foot wide railroad right-of-way and removed all
railroad structures and facilities from the right-of-way. These
instruments in the public record constitute public notice and
evidence of the cessation of use and an abandonment of the railroad
23
right-of-way for the specific and limited railroad uses and
railroad purposes reserved by Mitchell for use and benefit of CB&Q
by the Warranty Deed dated January 27, 1917.
78. Town of Erie is not a railroad nor authorized by law to
be not a railroad, nor a common, contract or private carrier by
rail. Town of Erie is not making use of the railroad right-of-way
for the specified and limited railroad uses and railroad purposes
stated in the Warranty Deed dated January 27, 1917.
79. The 100 foot wide railroad right-of-way reserved by
Mitchell for the use and benefit of CB&Q in the Warranty Deed dated
January 27, 1917 should be judicially declared to be abandoned and
to no longer be held and used for the railroad uses and railroad
purposes originally granted. The title to said railroad right-of-
way should be judicially declared revested in Plaintiffs, and the
condition on the use of the premises as a right-of-way for a
railroad, should be declared and decreed no longer in force and
effect and the encumbrance of the railroad right-of-way should be
judicially removed from the Plaintiffs' title.
80. Plaintiffs have expended substantial sums in attorney
fees, costs and expenses which amounts will be presented to the
Court as a part of its proof.'
81. WHEREFORE, as and for their Fourth Claim for Relief,
Plaintiffs pray:
a. That this Court try, ascertain and determine the
estate, title and interest of Plaintiffs and Defendant Town of Erie
herein, in and to the 100 foot wide railroad right-of-way reserved
by Mitchell Coal and Land Company (Mitchell) for the use and
benefit of Chicago, Burlington & Quincy Railroad Company (CB&Q) in
the Warranty Deed dated January 27, 1917.
b. That Defendant Town of Erie be required to set forth
the nature and extent of its claim, if any, in and to the 100 foot
wide railroad right-of-way and why said railroad right-of-way has
not ceased to be used for the purpose granted.
c. That by judgment herein it be determined, declared,
decreed, adjudged, and ordered that Defendant Town of Erie is not
vested with, is not in possession of, does not have any valid lien,
claim or charge, does not enjoy, is not entitled to any estate,
right, title, interest, equity, possession or right to possession,
of any nature, type, kind or description whatsoever in, against or
with respect to the 100 foot wide railroad right-of-way or any part
thereof reserved by Mitchell for the use and benefit of CB&Q by the
24
Warranty Deed dated January 27, 1917. That the Defendant Town of
Erie, its successors and assigns, and each and all of them, be
forever enjoined, restrained and debarred from asserting, claiming
or setting up any possession, right to possession, estate, right,
title, interest or equity whatsoever in, or lien, claim or charge
against, the 100 foot wide railroad right-of-way or any part
thereof adverse to the Plaintiffs.
d. That by judgment herein it be determined, declared,
adjudged, decreed and ordered that the title to the 100 foot wide
railroad right-of-way has and is revested in Plaintiffs, and that
Plaintiffs are the owners of the fee simple absolute title, in and
to the 100 foot wide railroad right-of-way, and the land lying
thereunder free and clear of the servitude and 100 foot wide
railroad right-of-way reserved by the Warranty Deed dated January
27, 1917, and said title thereto be quieted in Plaintiffs.
e. For such other and further relief as this Court
shall deem appropriate to equity in the circumstances, and if
permitted that Plaintiffs recover their costs and disbursements and
attorney's fees herein.
FIFTH CLAIM FOR RELIEF
(Adverse Possession)
(75 foot wide railroad right-of-way)
82. Plaintiffs repeat and incorporate all previous
allegations and prayers for relief.
83. Plaintiffs are the owners of the fee simple absolute
title, and are in actual, lawful and exclusive possession and use
of the surface estate of the N1SW0 and NW$, Sec. 30, including the
land underlying the 75 foot wide railroad right-of-way.
84. Plaintiffs now exercise, and Plaintiffs and their
predecessors in interest, title and possession, and each of them,
continuously have exercised exclusive dominion, control and
ownership of the surface estate of the NSW$ and NW's, Sec. 30,
including the land underlying the 75 foot wide railroad right-of-
way.
85. Plaintiffs now are and Plaintiffs said predecessors, have
been, the record owners and in actual, adverse, hostile, exclusive,
open, notorious, continuous and uninterrupted possession and use of
the surface estate of the N'SW' and NWT, Sec. 30, including the
land underlying the 75 foot wide railroad right-of-way to the
exclusion of all others, and have paid all the real property taxes
assessed and levied upon the surface estate of the N'SW3/4 and the
25
NW's, Sec. 30, including the 75 foot wide railroad right-of-way, for
a period of time in excess of the statute(s) of limitation, in such
case made and provided and applicable to the Premises.
86. Defendants and each of them claim, or appear of record to
claim an estate or interest in, or a lien against, the surface
estate of the NkSWN and the NWT, Sec. 30, including the 75 foot
wide railroad right-of-way, adverse to Plaintiffs, and the claims
of Defendants and each and all of them are without any right
whatsoever. None of the Defendants have, possess, are vested with,
are in possession of, or have any valid lien, claim or charge
against, or enjoy any estate, right, title, interest, equity or
possession whatsoever of, in, against, to or with respect to the
surface estate in the NSW;and the NWT of Section 30, including the
75 foot wide railroad right-of-way, or any part thereof.
87. Plaintiffs have expended substantial sums in attorney
fees, costs and expenses which amounts will be presented to the
Court as a part of its proof.
88. WHEREFORE, as and for their Fifth Claim for Relief,
Plaintiffs pray:
a. That this Court try, ascertain and determine the
estate, title and interest of the Plaintiffs and several parties
Defendant, in and to the surface estate in the N%SW; and Nigh, Sec.
30, including the 75 foot wide railroad right-of-way.
b. That each of the parties Defendant be required to
set forth the nature and extent of his, her, their, its claim in
and to the surface estate in the NhSW'i and the NW3/4,Sec. 30, and
that all of the adverse claims of each of the respective parties
Defendant be determined by the judgment and decree of this Court.
c. That by judgment herein it be determined, declared,
decreed, adjudged, and ordered that none of the parties Defendant,
individually, collectively or in any combination, are vested with,
are in possession of, or have any valid lien, claim or charge, or
enjoy, or are entitled to any estate right, title, interest,
equity, possession or right to possession, of any nature, type,
kind or description whatsoever in, against or with respect to the
surface estate in the NSW and the NWT, Sec. 30, including the 75
foot wide railroad right-of-way or any part thereof. That the
Defendants and each and all of them be forever enjoined, restrained
and debarred from asserting, claiming or setting up any possession,
right to possession, estate, right, title, interest or equity
whatsoever in, or lien, claim or charge against, the surface estate
in the ?ASIA and the NWT, Sec. 30, including the 75 foot wide
26
railroad right-of-way or any part thereof adverse to the
Plaintiffs.
d. That by judgment herein it be determined, declared,
adjudged, decreed and ordered that Plaintiffs, are the owners of
the fee simple absolute title, in and to the surface estate in the
NSW' and the NW'j, Sec. 30, including the 75 foot wide railroad
right-of-way, are entitled to the exclusive possession and use
thereof and the title thereto be quieted in Plaintiffs.
e. For such other and further relief as this Court
shall deem appropriate to equity in the circumstances, and if
permitted that Plaintiffs recover their costs and disbursements and
attorney's fees herein.
,SIXTH CLATM FOR RELIEF
(Declaratory Judgment and Quiet Title)
(75 foot wide railroad right-of-way)
89. Plaintiffs incorporate all previous allegations and
prayers for relief.
90. By that certain Right-of-Way Deed, dated December 16,
1919, filed August 6, 1920, recorded in Book 541, Page 527,
Document Reception No. 323982, WCR (referred to in Paragraph 18
above) , The Colorado Fuel and Iron Company, (party of the first
part) , conveyed to Chicago, Burlington & Quincy Railroad Company
(CB&Q) , (party of the second part) , the 75 foot wide railroad
right-of-way for the express use and purpose of a spur track or
line of railroad leading from the CB&Q main line, upon the
condition SHOULD SAID PREMISES CEASE TO BE USED AS A RIGHT-OF-WAY
FOR A RAILROAD, THEN IN THAT EVENT ALL RIGHT TITLE AND INTEREST OF
THE PARTY OF THE SECOND PART, ITS SUCCESSORS OR ASSIGNS, SHALL
REVERT TO THE PARTY OF THE FIRST PART. The railroad right-of-way
is described as follows:
A strip of land 75 feet in width being 37 h feet on each
side of the center line of a survey of a proposed spur
track, said line commencing at a point on the north and
south center line of Section 30, Township 1 North of
Range 68 West, which point is 3053 feet south from the
North quarter corner of said Section 30, running thence
Northwesterly along the line of said survey to a point of
intersection with the east line of the right-of-way of
the main line of the party of the second part in the
Southwest quarter of the Northwest quarter of said
Section 30, and thence northerly, a strip of land 50 feet
27
wide and approximately 280.5 feet long on the east side
and adjacent to the right-of-way of the main line.
91. According to the CB&Q right-of-way records of Section 30
(referred to in Paragraphs 3 and 4.a. above) , the 75 foot wide
railroad right-of-way conveyed to CB&Q by the Right-of-Way Deed
dated December 16, 1919 (referred to in Paragraph 12 above) , was
granted to provide a railroad right-of-way, route, trackage and
service to the Columbine Mine of the Rocky Mountain Fuel Company.
92. According to the record, which record is on file in the
Office of the Colorado Geological Survey, Department of Natural
Resources, State of Colorado, Denver, Colorado, the Columbine Mine
of the Rocky Mountain Fuel Company ceased operations and closed on
or before the end of the year 1946.
93. The described CB&Q trackage and facilities serving the
Columbine Mine have long since been removed and no longer exist or
occupy the railroad right-of-way upon and across the NASWA and the
NSA , Sec. 30, originally conveyed by the Right-of-Way Deed dated
December 16, 1919.
94. Plaintiffs as the successors in interest and title to The
Colorado Fuel and Iron Company are the present owners of and vested
with the fee simple title and estate in the NkSW3/4 and the NWT, Sec.
30, subject to the possibility of reverter of the title to the 75
foot wide railroad right-of-way granted by the December 16, 1919
deed.
95. Plaintiffs' fee simple title to the surface estate in the
ASIA and the NWh, Sec. 30 is not marketable so long as it is
subject of record to the encumbrance and servitude of the 75 foot
wide railroad right-of-way granted by the Right-of-Way Deed dated
December 16, 1919.
96. Plaintiffs do hereby assert the reverter so as to cause
the title to the described 75 foot wide railroad right-of-way to
revert to Plaintiffs.
97. None of the Defendants have, possess, are in possession
of, nor have any present, vested lien, claim or charge against, in,
or enjoy any vested estate, right, title, interest, equity or
possession whatsoever of, in, against or to the NkSW3 or the NWT,
Sec. 30 nor to the 75 foot wide railroad right-of-way or any part
thereof.
98. The title to said 75 foot wide railroad right-of-way
should be judicially declared reverted and be revested in
28
Plaintiffs, and the condition on the use of the premises as a
right-of-way for a railroad, should be declared and decreed no
longer in force and effect and be judicially removed form the
Plaintiffs, title.
99. Plaintiffs have expended substantial sums in attorney
fees, costs and expenses which amounts will be presented to the
Court as a part of its proof.
100. WHEREFORE, as and for their Sixth Claim for Relief,
Plaintiffs pray:
a. That this Court try, ascertain and determine the
estate, title and interest of Plaintiffs and Defendants herein, in
and to the N#SW3/4, NWT, Sec. 30 and the 75 foot wide railroad right-
of-way conveyed by the Right-of-Way Deed dated December 16, 1919.
b. That Defendants be required to set forth the nature
and extent of his, her, their or its claim, if any, in and to the
75 foot wide railroad right-of-way and why the title to the
railroad right-of-way has not reverted to Plaintiffs, that all of
the claims of Plaintiffs and Defendants be determined by the
judgment of this Court.
c. That the judgment herein be determined, declared,
decreed, adjudged, and ordered that Defendants are not vested with,
are not in possession of, do not have any valid lien, claim or
charge, do not enjoy, are not entitled to any estate, right, title,
interest, equity, possession or right to possession, of any nature,
type, kind or description whatsoever in, against or with respect to
the N'SW3/4, NW$, Sec. 30 or to the 75 foot wide railroad right-of-
way or any part thereof. That the Defendants, their successors and
assigns, and each and all of them, be forever enjoined, restrained
and debarred from asserting, claiming or setting up any possession,
right to possession, estate, right, title, interest or equity
whatsoever in, or lien, claim or charge against, the N4SW3/4, NW#,
Sec. 30 or to the 75 foot wide railroad right-of-way or any part
thereof adverse to the Plaintiffs.
d. That by judgment herein it be determined, declared,
adjudged, decreed and ordered that the title to the NSW;, NWT,
Sec. 30 or to the 75 foot wide railroad right-of-way has and is
revested in Plaintiffs, and that Plaintiffs, are the owners of the
fee simple absolute title, in and to the railroad right-of-way, and
said title thereto be quieted in Plaintiffs.
e. For such other and further relief as this Court
shall deem appropriate to equity in the circumstances, and if
29
are not in possession of, do not have any valid lien, claim or
charge, do not enjoy, are not entitled to any estate, right, title,
interest, equity, possession or right to possession, of any nature,
type, kind or description whatsoever in, against or with respect to
the N'ASWA, NWT, Sec. 30 or to the 75 foot wide railroad right-of-
way or any part thereof. That the Defendants, their successors and
assigns, and each and all of them, be forever enjoined, restrained
and debarred from asserting, claiming or setting up any possession,
right to possession, estate, right, title, interest or equity
whatsoever in, or lien, claim or charge against, the NhSW3/4, NW;,
Sec. 30 or to the 75 foot wide railroad right-of-way or any part
thereof adverse to the Plaintiffs.
d. That by judgment herein it be determined, declared,
adjudged, decreed and ordered that the title to the NkSW3/4, NW;,
Sec. 30 or to the 75 foot wide railroad right-of-way has and is
revested in Plaintiffs, and that Plaintiffs, are the owners of the
fee simple absolute title, in and to the railroad right-of-way, and
said title thereto be quieted in Plaintiffs.
e. For such other and further relief as this Court
shall deem appropriate to equity in the circumstances, and if
permitted that Plaintiffs recover their costs and disbursements and
attorney's fees herein.
Dated August 71 (7 , 1996.
Respectfully submitted,
HAMILTON AND FAATZ,
A Professional Corporation
eaa
Robert L. Bartholic, No. 4739
Gregory W. Smith, No. 17055
Christopher J.W. Forrest, No. 23185
1600 Broadway, Suite 500
Denver, Colorado 80202
(303) 830-0500
Plaintiffs' Attorneys
Plaintiff's address:
8400 Prentice Avenue
Suite 600
Englewood, Colorado 80111
30
JOB NO.: 9608-14
Kux
Page 1 of 2 Pages
RVEYOR eaC.
7575 west 23rd Awnu.. taludrood, Colorado 80215
PH: 303-233-1171, FAx 303-237-8104
Legal Description: Parcel I:
A strip of land over and across a portion of the NW 1/4 of Section 31, the West 1/2
of Section 30 and the SW 1/4 of Section 19 all in Township 1 North
Range 68 West of the 6th Principal Meridian, County of Weld. State of Colorado, said
strip of land being the Right—of—Way of the Chicago, Burlington & Quincy Railroad as
said Right—of—Way is shown on drawings on file with the Weld County Clerk and
Recorder in Envelope No. 354, Index No. 8-326, Map #3, Index No. 8-325.
Mop No. 1 and Index No. 8-325A, Map No. 3, said Right—of—Way being 100 feet
in width, 50 feet on each side of the following described centerline:
Beginning at a point on the West line of the NW 1/4 of said Section 31, from which
Point of Beginning the West 1/4 Corner said Section 31 bears South a distance of
543 feet, more or less, said point being on a curve concave to the West and whose
center bears N75'51'25"W a distance of 5500.47 feet;
thence Northerly along the arc of a curve to the left, central angle 4'09'40",
radius = 5500.47 feet, an arc length of 399.46 feet to a point of tangency;
thence N9'58'55"E a distance of 2987.40 feet to a point of curvature;
thence along the arc of a curve to the left, central angle = 9'04'00",
radius = 2729.70 feet, on arc length of 906.69 feet to a point of tangency;
thence NO0'54'55"E a distance of 5820 feet, more or less, to a point on the North
line of the SW 1/4 of said Section 19, the point of termination of the Right—of—Way
described herein, and from which point the West 1/4 corner of said Section 19 bears
West a distance of 845 feet. more or less„
County of Weld, State of Colorado.
Legal Description: Parcel II:
A strip of land over and across a portion of the West 1/2 of Section 30, Township 1 North
Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado, said
strip of land being the Right—of—Way of the Chicago, Burlington & Quincy Railroad
known as the Rocky Mountain Fuel Company Columbine Spur as shown on drawings on
file with the Weld County Clerk and Recorder in Envelope No. 354, Index No. 8-325,
Map #1, said Right—of—Way being 75 feet in width, 37.5 feet on each side of the following
described centerline:
Beginning at a point on the North/South centerline said Section 30, which point lies
3053 feet South of the North one—quarter corner said Section 30;
thence N81'52'05"W a distance of 1284.64 feet to a point of curvature;
thence along the arc of a curve to the right, to a point on the East right—of—way line
of the Chicago, Burlington & Quincy mainline, the chord of said arc bears N51'14'15"W
a distance of 729.71 feet, the point of termination of the right—of—way described herein,
and a strip of land 50 feet wide lying adjacent to and on the East side of the Chicago,
Burlington & Quincy mainline which begins at the intersection of said East right—of—way
line with the Northerly right—of—way line of the Rocky Mountain Fuel Company Columbine Spur
as described above; thence North 280.5 feet; thence East perpendicular to said East
right—of way line o distance of 50 feet; thence South parallel with said East right—of—way
line to the North right—of—way line said Rocky Mountain Fuel Company Columbine Spur;
thence Northwesterly along said Northerly right—of—way line to the Point of Beginning.
County of Weld, State of Colorado.
Pursuant to Colorado Law, the foregoing descriptions were prepared by Kurt 0. Linn, Jr.,
PLS No. 14112. Utilized in preparing the descriptions were: 1) the recited rail rood maps;
2) a survey by Accuate Surveys, Broomfield, Colorado, for the Town of Erie, recorded
July 21, 1992 under Reception No. 02296371, and 3) the recorded plat of Erie Air Park
recorded May 3, 1978 under File No. 2297.
The Basis of Bearings of the foregoing legal descriptions is: the West line of the NW 1/4
of Section 19, Township 1 North, Range 68 West as: NOO'44'28"W as shown on said
Survey for the Town of Erie, sheet 6
p, Llp
Prepared: August 17, 1996. �ge.se X61 7N�ifoIda
14112 Kurt 0. Linn, Jr.
* i PLS No. 14112
•" OF r yP~`o
JOB NO.: 9608-14
KUR NN Page 2 of 2 Pages
•
R IC
7575 West 23rd Annus, Lakewood, Colorado 80215
PH: 303-233-1171, FAX 303-237-8104
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VERTFICATION
STATE OF COLORADO
ss.
CITY AND COUNTY OF DENVER)
Jack D. Feuer, of legal age, upon his oath, deposes and says
that the facts set forth in the foregoing Complaint in Quiet Title
are true and correct to the best o his knowledge and belief.
u-tu4v J ��
Acknowledged before me this cJ' ay
of August, 1996, by Jack D.
Feuer.
My Commission expires \\'4�alR
Notary Public
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JUANITA
LENTO
4TFOFC.... .
My Loan.Expires
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