HomeMy WebLinkAbout960314.tiff DISTRICT COURT, WELD COUNTY, COLORADO
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Case No. 95CV586, Division I
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ANSWER
GREELEY LODGE NO. 809 OF THE BENEVOLENT AND PROTECTIVE ORDER OF
ELKS OF THE UNITED STATES OF AMERICA, a Colorado corporation,
Plaintiff,
v.
MONROE CORPORATION; CITY OF GREELEY; COUNTY COMMISSIONERS FOR THE
COUNTY OF WELD; GATEWAY PLACE, LTD.; MARKET SQUARE, LLC; NORBERT
J. LUKAS; MARGARET LUKAS; AGLAND, INC.; J.T. PROPERTIES, LLC; MAJORS
DALE CORPORATION; WILLIAM DOUGLAS MORELAND; CAROL C. MORELAND;
D&R LAND COMPANY; and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST
IN THE SUBJECT PROPERTY,
Defendants.
COMES NOW Defendant, City of Greeley, by and through undersigned counsel, and for
its Answer to Plaintiff's Complaint states, alleges, and avers as follows:
1. Defendant, City of Greeley, is a Colorado home rule municipality organized and
operation pursuant to art. XX of the Colorado Constitution, whose address is 1000 Tenth Street,
Greeley, Colorado 80631.
2. Defendant, City of Greeley, may claim an interest in all or a portion of the South
Quarter (1/4) of Section 14, Township 5 North, Range 66 'West of the 6th Prime Meridian,
Weld County, Colorado, by virtue of its ownership of lots within Gateway West PUD, located
in the City of Greeley, Colorado (hereinafter referred to as the "Benefited Property").
3. Defendant's Benefited Property was one time irrigated through water carried by the
Southard Lateral, established pursuant to the Findings and Decree entered in the District Court,
County of Weld, State of Colorado, Case No. 7501, on May 28, 1928, a certified copy of which
was recorded May 31, 1928, in Book 832, Page 287, Weld County records.
4. Defendant, City of Greeley, states that the Southard Lateral Ditch has been abandoned
and is no longer in use and that the City of Greeley further states that the Defendant's Benefited
Property is located within the boundaries of the City of Greeley and is served by the municipal
water supply at this time.
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5. Defendant, City of Greeley, hereby declares that it abandons, waives and extinguishes
any and all rights it may have in and to the Southard Lateral Ditch, previously granted pursuant
to the Findings and Decree of the District Court, as stated in paragraph 3 above.
6. Defendant, City of Greeley, has no objection to entry of a Decree of Abandonment
to such easement for the Southard Lateral Ditch, and any and all of its interest in said easement.
Defendant, City of Greeley,joins Plaintiff in declaring that such easement is of no further force
and effect, and that Defendant, City of Greeley, has no further right, title or interest to such
easement or to the use of the lands of the Plaintiff.
WHEREFORE, Defendant, City of Greeley, requests this Court to enter a Decree of
Abandonment as to such easement for the Southard Lateral, declare that such easement is of no
further force and effect, and declare that City of Greeley has no further rights, title or interest
to such easement or to the use of the lands of the Plaintiff, by and through virtue of its interest
in the Southard Lateral Ditch.
DATED this 23rd day of January, 1996.
THE CITY OF GREELEY, COLORADO
1000 Tenth Street
Greeley, CO 80631
(970) 350-9757
OFFICE OF THE CI ATTORNEY
By: -
Jeffr Parins, No. 17544
Deputy City Attorney
Address of Defendant:
1000 Tenth Street
Greeley, CO 80631
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CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day of January, 1996, a true and correct copy of the
foregoing Answer was placed in the United States mail, postage prepaid, addressed to:
Charles S. Unfug, Esq. Robert M. Gilbert
RIDER & WOULF, P.C. President
905 10th Avenue Monroe Corporation
Greeley, CO 80631 1318 47th Avenue
Attorney for Plaintifff Greeley, CO 80631
Linda Dodge Market Square, LLC
Deputy Clerk to the Board Trammel Crow Co., Agent
Weld County Commissioners Attn: John Weisiger
915 10th Street 7535 E. Hampden Ave., #650
Greeley, CO 80631 Denver, CO 80231
Norbert Lukas Gateway Place, Ltd.
Margaret Lukas Ross Management, Agent
7122 Old Post Road Attn: Betty Kordonowy
Boulder, CO 80301 1200 Lincoln Street, #700
Denver, CO 80203
Agland, Inc.
Attn: Bob Mekelburg, General Manager J.T. Properties, LLC
260 Factory Road Attn: James Thomas
Eaton, CO 80615 2501 35th Avenue
Greeley, CO 80631
Majors Dale Corporation
a/k/a Dales Major Corporation D & R Land Company
Attn: Eva Majors Attn: Bob Kinney, Manager
2911 Grand View Drive 2715 35th Avenue
Greeley, CO 80631 Greeley, CO 80631
William Douglas Moreland
Carol C. Moreland
NOT SENT
No ADDREss FomND AT THIS TIME
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