HomeMy WebLinkAbout960254.tiff Rider & Woulf,
ATTORNEYS AT LAW WEED COU'4TY'
rI OIN GC�a Branch Offices
Steven R. Rider �.Francis W. Woulf '6 in!, —3 F!! I: 52
Beverly L. Edwards 11246 E.Mississippi Ave. 518 N. Nevada Ave., Suite 303
O.McAnallen CLERK
' Colorado Springs,CO 80903
Jeffery Au 303/750-2303 0012 THE PO CO 80903
David R. Lucey 10 C;1?,;";� Fax No. 634-1902
Charles S. Unfug Fax.No. 752-0946
Christine J.Law - 905 lath Avenue
Nora E. Roth Greeley, CO 80631
Of Counsel: December 27 , 1995 970/353-0524
Michael L.Pederson Fax No.353-0945
RE: Southard Lateral Ditch
Dear Owner of Record of Land in Southeast Quarter,
Section 14 , T5N, R66W:
I am a member of and represent Greeley Lodge No. 809 of the
Benevolent and Protective Order of Elks of the United States of
America ("Greeley Elks") . The Greeley Elks is a charitable and
fraternal organization. Please see the attached data sheeet
about the Greeley Elks.
You have been named as a Defendant in the accompanying
Summons and Complaint, because your name appears of record as an
owner of a portion of the Southeast Quarter, Section 14 , T5N,
R66W.
The Greeley Elks own land located in the Northeast Quarter
of Section 23 , T5N, R66W. This is the land located at the
southwest corner of the intersection of U. S. Highway 34 Bypass
and 35th Avenue in Greeley. The land which you own is located in
the Quarter Section located northwest of that intersection. In
other words, the land of which you are record owner is part of
the quarter section located immediately north of the quarter
section in which the Elks property is located.
Back in 1928 , a Court Decree was recorded which established
an easement across the Elks property for a small irrigation ditch
known as the "Southard Lateral. " The purpose of this lateral
irrigation ditch was to carry irrigation water for crops grown on
what is now your property, back when it was a farm. The
Southard Lateral went from the Loveland-Greeley Canal, which is
located on the south side of the Greeley Elks property, across
the Greeley Elks property, under the highway, and then to
irrigate the fields of what was at that time the Southard farm.
Since then much has changed. Both quarter sections are now
annexed into the City of Greeley. The property which was the
Southard farm, is now used for commercial enterprises and multi-
family dwellings, and is no longer in agricultural production.
'v, ! I ( ' �; C'� C�3 c.,(9 (city. ) 960254
Owner of Record
RE: Southard Lateral Ditch
December 27 , 1995
Page 2
The Southard Lateral has long since been abandoned. In
fact, we checked with the Greeley-Loveland Irrigation Company,
and their records indicate that no water has been delivered to
the Southard Lateral from their ditch for a period of at least
twenty (20) years.
The old easement for the Southard Lateral is a cloud on the
title to the property owned by the Greeley Elks. Therefore, we
are bringing a "Complaint Under Rule 105" to have this irrigation
lateral ditch declared abandoned and of no future force and
effect.
Please note that the Greeley Elks are not claiming any
interest whatsoever in your property. We are merely asking the
Court to extinguish this old abandoned easement which is no
longer in use across the Greeley Elks property.
If you have any comments or questions with regard to this
matter, please do not hesitate to contact me.
Sincerely,
RIDER & WOULF, P. C.
Greeley Office
2/��
arles S . Unfug
Attorney at Law
CSU:pkf
cc: Don Anderson, Greeley Elks
RWF:073R001
•
•
Greeley Elks Lodge #809
Facts about Greeley Elks
The Greeley Lodges was organized over Ninety years ago and it's primary function is to served the community. It has done
this is various ways:
• Christmas baskets for the needy: The Elks of Greeley have been providing baskets (several weeks worth of groceries)
for over fifty years. Last year providing baskets for fifty families.
• Youth Activities: The Elks have provided a Christmas party for the handicapped children of Weld County for the last
thirty-six years in conjunction with a local ladies organization.
• Youth Sports: The Elks have provided financial support to the Greeley Elks Legion Baseball program since it was
founded over forty years ago. The Elks provided baseball fields and some financial support to the Greeley Evans Elks
Youth Baseball and Softball league for the last fifteen years.
• Elks"Hoop Shoot": The Greeley Elks sponsors an annual free throw contest for boy and girl age 8-13. The local winner
advance to the District State Regional and National Contest events. Kenny Anderson from Greeley was National
champion in 1978. •
• Drug and Alcohol awareness: The Elks were founding members of the "Just Say NO" Clubs of Weld County and
continue to provide manpower, printed material and funds to support the 5000 kids in the program.
• Elks and Americanism:The Greeley Elks provided flags to school class room and promote Americanism with their
Elementary School Americanism poster contest.
• Elks Scholarships: Greeley Elks each year selects three boys and three girls for Elks National Foundation Scholarship
consideration. Last year four Greeley youth were scholarship winners.
• Youth Health needs: The ELKS' Clem Audin fund provides assistance to any child under eighteen for the purchase of
eyeglasses, hearing aids, or other health or education related devices.
• Scouting and Elks: The Greeley Lodge provides a meeting place and financial support to Cub Scout Pack 202 and
several other Scouting groups.
Over 500 members. They donated over$100 thousand in goods, services, and cash to the citizen of Greeley and Weld
County during the last year..
Interesting facts about Colorado Elks
• Over 44 000 members from 57 Lodges. They donated over$6.7 million to the citizen of Colorado and their-local charities
in the last year(assisting over 477,000 Coloradans).
Interesting fact about National Elks
• The organization's main thrust nationally is charity. It has given more than $200 million to charitable entities since it's
creation.
• Elks National Foundation:
- Spends $4+ million annually for college scholarships. More than any other organization, second only to federal
government.
-Spends $3+ million annually for benevolent programs (Elks hospitals, clinics, kids' rehab etc.)
Helps handicapped children 8 other philanthropic programs.
- Has assets of$160 million and only the interest is used to make donations.
Call John Hutson @ 353-4765 for more details.
919/1tJfgrL f1r- o(R )nuz.3141or
JOHN HUTSON 09/21193
copy
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. Division
SUMMONS
GREELEY LODGE NO. 809 OF THE BENEVOLENT AND PROTECTIVE
ORDER OF ELKS OF THE UNITED STATES OF AMERICA, a Colorado
corporation.
Plaintiff,
vs.
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 fi
R LAND COMPANY; and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN
THE SUBJECT PROPERTY.
Defendants.
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to file with the Clerk of
the Court an answer or other response to the attached Complaint.
If service of the Summons and Complaint was made upon you within
the State of Colorado, you are required to file your answer or
other response within twenty (20) days after such service upon you.
If service of the Summons and Complaint was made upon you outside
of the State of Colorado, you are required to file your answer or
other response within thirty (30) days after such service upon you
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 further notice.
The following documents are also served herewith:
Complaint Under Rule 105
DATED this r Y day of December, 1995 .
RESPECTFULLY SUBMITTED,
RIDER & WOULF, P. C.
Gre(ellfie,y Office
1
Charles S. Un ug, No? 8505
Attorneys for Plaintiff
905 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 353-0524
This Summons is issued pursuant to Rule 4 , C.R. C. P. , as amended.
A copy of the Complaint must be served with this Summons. This
form should not be used where service by publication is desired.
RETURN OF SERVICE
STATE OF COLORADO
ss.
COUNTY of WELD
, the affiant, being
sworn, says: that affiant is over the age of eighteen years and is
not a party to this action; and that affiant has duly served the
within Summons and Complaint Under Rule 105 by *
•
Subscribed and sworn to before me this day of
, 1995.
Notary Public
My commission expires:
* (State date, place and manner of service. )
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. 95 CV 586 Division 1
COMPLAINT UNDER RULE 105
GREELEY LODGE NO. 809 OF THE BENEVOLENT AND PROTECTIVE
ORDER OF ELKS OF THE UNITED STATES OF AMERICA, a Colorado
corporation.
Plaintiff ,
vs .
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 Plaintiff , GREELEY LODGE NO. 809 OF THE BENEVOLENT
AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICA
( "Greeley Elks") , by and through its attorneys , Rider & Woulf ,
P . C. , by Charles S. Unfug, and for its complaint states, alleges,
and avers as follows :
1. Plaintiff is a Colorado corporation with its principal
business address at 2809 35th Avenue, Greeley, Colorado, 80634 .
2 . Plaintiff is the owner of certain real property located
in the Northeast Quarter of Section 23 , Township 5 North, Range
66 West, Weld County, Colorado, and more particularly described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO
3 . Defendants may claim an interest in all or a portion of
the Southeast Quarter of Section 14 , Township 5 North, Range 66
West, of the 6th Prime Meridian, Weld County, Colorado
(hereinafter referred to as "the benefited property") .
4 . There may be persons interested in the subject matter
of this action whose names cannot be inserted herein because said
names are unknown to the Plaintiffs, although diligent efforts
have been made to ascertain the names of said persons. Such
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 extends, the interests
of the unknown parties are derived through some one or more of
the named Defendants .
5 . Plaintiff' s property is burdened by an easement for a
certain lateral irrigation ditch, commonly known as the Southard
Lateral, which at one time was located across Plaintiff's
property to carry irrigation water to the benefited property.
An easement for such Southard Lateral was established pursuant to
Findings and Decree entered in the District Court, County of
Weld, State of Colorado, Case No. 7501 on May 28 , 1928 , and a
certified copy of which was recorded May 31, 1928 , in Book 832 ,
Page 287 , Weld County Records, a copy of which is attached hereto
as Exhibit "B" and incorporated by reference.
6 . Such Southard Lateral ditch has been abandoned and is
no longer in use. The benefited property is no longer being used
for farming. Specifically, the original purpose of such Southard
Lateral was to provide irrigation water to the benefited property
from Headgate No. 110 of the Loveland and Greeley Canal . Such
Canal is located on the south side of Plaintiff ' s property. The
records of the Greeley-Loveland Irrigation Company, which
operates such canal, show that no water has been delivered to the
Southard Lateral through such Headgate No. 110 for a period of
twenty (20) years .
7 . Plaintiff desires that the easement for such Southard
Lateral be declared to be of no further force and effect,
inasmuch as such Southard Lateral has been abandoned and is no
longer in use, and such easement constitutes a cloud upon the
title to Plaintiff' s real property.
WHEREFORE, Plaintiff requests this Court to enter a Decree
of Abandonment as to such easement for the Southard Lateral, and
declare that such easement is of no further force and effect, and
that none of the Defendants have any right, title , or interest to
such easement or to the use of the lands of Plaintiff .
DATED this 2 b� day of December, 1995 .
RESPECTFULLY SUBMITTED,
RIDER & WOULF, P. C.
Greeley Office
Charles S. Unfug, o. 05
Attorneys for Plaintiff
905 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 353-0524
Address of Plaintiff:
2809 35th Avenue
Greeley, CO 80634
RWP:073R001 2
122795/pkI/O
•
A parcel of land situate in the Northeast quarter of Section 23 ,
Township 5 North, Range 66 West of the 6th P . 14 . , County of Weld , State
of Colorado , being more particularly described as follows :
Considering the North line of said Northeast quarter of Section 23 as
bearing North 89 ° 13 ' 00" West and with all bearings relative thereto:
Commencing at the Northeast cornrr uC said section 23 ; thence along the
East line of said Northeast quarter as described in Book 501 Rec. No .
1424513 as recorded in the office of the Clerk and Recorder of said
county, South 00° 59 ' 10" East 839 . 20 feet ; thence South 89 ° 24 ' 00" West
55 . 66 feet (previously described •as 50 . 00 feet) to the West line of a
50 dedicated foot street as described in Book 501 ' Rec . No . 1424513
records of said County and the TRUE POINT OF BEGINNING of this
description ; thence along said West line South 00 ° 36 ' 00" East 974 . 53
feet ( previously recorded as 974 . 72 feet) to a point on the projection
of the existing brass caps in concrete ; thence through the existing
brass caps in concrete the following three ( 3 ) courses and distances ;
( 1 ) South 89 ° 15 ' 49" West 465 . 41 feet (previously recorded as South
89 ° 24 ' 00" West 465 . 00 feet) ; ( 2) South 33 ° 25 ' 04 " West 349 . 84 feet
(previously recorded as South 33 ° 26 ' 00" West 350 . 00 feet) ; (3 ) South
77 ° 13 ' 16" West 278 . 20 feet (previously recorded as South 77 ° 15 ' 00" West
278 . 00 feet) ; thence North 54 ° 50 ' 45" West 500 . 28 feet ( previously
recorded as North 54 ° 51 ' 00" West 50x' . 00 feet) to an existing #4 rebar ;
thence North 47 ° 05 ' 31" West 257 . 07 feet; thence North 67 ° 06 ' 13 " West
97 . 00 feet (previously recorded as north 66 ° 16 ' 00" West) to an existing
#4 rebar ; thence North 81° 54 ' 16° West 514 . 00 feet- (previously recorded
as North 82 °03 ' 00" West) to existing #4 rebar ; thence North 87 ° 25 ' 51"
West 236 . 00 feet ; thence North 77 °48 ' 41" iaest 17O. 00 feet to an
existing #4 rebar ; thence North 85° 24 ' 00" West 675 . 48 feet (previously
recorded as 677 . 83 feet) to the East line of a 40 ' dedicated street as
described in Book 501 Rec. No . 1424513 ; thence along said East line
North 00 °41' 47" West 1424 . 13 feet; thence continuing North 45 ° 04 ' 00"
East 19 . 21 feet to the South line of the parcel of land as described in
Book 584 Rec. No . 1505731 record of said county ; thence along said
South line the following three ( 3 ) courses and distances ; ( 1) North
87 ° 55 ' East 86 . 16 feet; ( 2 ) North 87 ° 58 ' 45" East 755 . 90 feet; ( 3 ) North
89 °05 ' 30" East 1292 . 86 feet to a point on that parcel of land as
described in Book 688 Rec . Nos . 1609799 and 1609800 records of said
county ; thence along said parcel the following ten ( 10) courses and
distances ; ( 1) South 86 ° 46 ' 00" East 241 . 57 feet; ( 2 ) thence 154 . 53 feet
along a non-tangent curve concave to the Southwest , having a central
angle of 32 ° 59 ' 53 " , a radius of 268 . 31 feet , the long chord which bears
South 59 °04 ' 30" East 152 : 40 feet; (3 ) South 33 ° 23 ' 00" East 137 . 90 feet;
(4 ) South 29 ° 04 ' 30" East 89 . 40 feet; ( 5) South 34 ° 15 ' 30" East 162 . 60
feet ; ( 6) thence 176 . 20 feet along the arc of a curve concave to the
Northeast, having a central angle of 30 ° 00 ' 16" , a radius of 336 . 48
feet , the long which bears South 59 °04 ' 30" East 174 . 20 feet; (7 ) South
83 ° 53 ' 30" East 162 . 60 feet ; (8 ) South 89 ° 04 ' 30" East 112 . 40 feet; ( 9 )
South 00 ° 36 ' 00". East 300 . 00 feet ; ( 10) North 89 °24 ' 00" East 50 . 00 feet
to the point of, beginning . The above described parcel contains 119 . 905
acres more or less gross and is subject to all rightsrof-way, easements
and restrictions now in use or on record .
EXHIBIT
DISTRICT C0VAT.
C£ftfIFI iD �. COPY OP PITIDINGS lA➢ , DECREE I
III ,.,
ET.LTE OP CPtOAADil 1
� I :as.
No. 7501 TM . . -
. 01 Y i 1/Mill. I
,b ry J.Squtle rd And Charles E.Southard,
g Plaint l ifs, 1
fl I q• 1
Mary E. Ratter, gobl as Nat tox, and Jacob 1 P1adingI ant Dadra°. -1 ,
Bargees, 1
Defendants/ 1 f, 0 P 7 ',11
F1` f
1 1e cause coming an for I:aer leg before the a anrt th1P 29th day of Liey, A.D.,
lki
1920,1 pie let I(to appearing by C.➢.Todd and Charles E.Sou tle ard, the It attorneys
the derandonte appearing by' Charles C.Toen,,nd, their attorney. and it •i peering r . f
lthat thi del'endant a hero been duly 'erred with rumens herein more then lvs,ty days A
;rior to till, date and have failed to answer or otherwise plead,,,and,ore in default, A co. I ,
end ooun'ol for dcfar.dan[a Nv1ng a rvlounoed [het defen .nts da not desire to plead p
or sever, tbareu per, an mattoo of counsel tut pie fnllft., the default of each and
all of the darord.nt a was duly entered. Thereupon It was stipulated In open court
the the °silence heretofore token upon application for the temporary Injunction 9
h rots: may bs used and coneldered ail erldanee upon this, the final hearing, to Le , I., N, •r11 • L„
r.G lament ad, if doe[rod, by- other ow id once and the,,upon plc int if fa submitted i1, . . 11
4r�tiorteli{{tidoneel ant.the.court haring hailed the evidonoe and the argument. of , I 0 ,
y
-corneal, and De leg duly ads aed in thepremises. doth make this its findings and t , :1 �'fl 7�+ I
heroin,eroin, as follo , to wit, f tt v , +('J t;r yIl 1 1'Ilfv
a 'rn, , • t l t is 1 4.f , , r j ,'N
y 1 ,!l (,t vi ( • r1(1,��`, '^`{I t, pft{y
, , ! 1 I " t 4 i f: t:. A, 'U Ngl.PA 'di OA-. Lu MhC 4 1 17:T.Y.
pp
tI._W,.t,. a, ..r t. .f. Ala t) w., tSi
EXHIBIT
' t&
r t � • I I
/ -.,,,,,,:,,.3„.�( I,10 ! . . i I
'p},�t � .1 ' THE(CIL91i DaTH FIND ME ISSUES herein in favor of tho plaintiffs and that all
.14, �q matters!if]:
�on ie loud In ti a couflai nt •re trucl -an] f4TII renTillll 11110 Lh sl the plaintiff,
N, �.t 1
'lJ ' •t : / era lea rxo Llefva dwnere �f tnet certain lateral ditch, commonly known ae the ange 66
4?y, ' �, Lateral,]the heatcato of which is located in the north bank of the Crooley and Loveland
ll ., l IY canal, ao tln sore tracer acs !no north hetf of section 23, tovneldp 5, sox the range 66
�j' I
soot, ofc the Gilt p. m., in 'told county, Colorado, at a point in the northwoot quarter of -
•7 sold aeot ion, a short diatnrce welt of the north end oocth center lino of the sold -
r'r smotion, and et what la co evonly knosn na 'headgato No. 67 of Bold canals; that from
tit 1saldhealtf.atolaid ]atonalert°nde Inogeneraloweforlydlrsellon, along endparallelingY'Fyry Q ae ld LOVEIAIIO Aria f.5EEliY CAt1AI to a paint about th rao-e i ght he (3/B( of a retlo east of-s?' i, tie nett lino of tho northeast quarter of odd elation 23, where tho moo turns and
a$$, j- rune in tonere..l northerly direction thr-u the northeast quarter of said section 23,to
l;hf• sk. the nor line thereof, raid thence In a northerly direction to the southeast quarter of
r s asot ions township and range sforesal4, being the I wide owned by the plaintiff., and
'41`4 f ' is used ter,Ilse tvelyt for irrigating ticlr said lends; that pie Intl ffe aro the sole
$ A onion af.bnll lateral', (including the necessary right of way therefor, over and taro as
�3�r,hAMv said noi}ilpiet eeot lcn of_23, with the noceaaa ry width for the mo tnt°nonce a N oporat Sort •
, I • ,of the ppalo:n one the it ieht of reasonable end proper ingress and ogress over said land,
t ,t along old littoral, or other Imitable !mires,' aid (grace thereto, for the purpose of
1t j as intairlint and operating as Li litter,:, and are entitled to enjoy the use of sold lateral
•:., ❑(((111 y aril Its (,ht of way for the °artiste• of their ardor in coil lateral, without interference -
' ,l, , �j1 Y or mol eatt.fi too anneal by the defondui:t or any .'f them.
,011 11
•
1 W Ct ingt dnjiond nta hoi4 their title to ea'd northeast quarter of said section 23
1 / d subjeot to tru right of pay for said Southard Lateral as hercinbefore fount and
cutt (qttpA1' de tormin,1, }nd that do fondant, and nona of them have any any right, title or interest,
:•� 5 fl In and laid lateral, and have no right to diacharga any waters therein, or take any
• '.'F II water. ¶ .':from, 1n any manner, or at a11, and have no right to in any manner interfere
sv. ;�,!• xx I!,I with-thl I-lelnt iffe' uea1onl enjoyment of the sold lateral, ea aforesaid; and that
,'•d 1`!{1h ' pia'iii(fs' title to said lateral and its right of nay ant inurement. of ingrees and
T ti: { ;I • agrees thereto, as heretofore found,ohould be quieted In amid plaint Ills; and that. tho
} l lanporaiy Injunction heroin should be rode permanent.
,M II
NOY TIfEISEP00E, it Is ordered,adjudged and decreed by the courts
{ 's
v ti y y ;j, 011E - That plef.itlf fa aro the owna:rt of said Southard jatoral hereinbefore particularly
�' (1 described, tollethor with the right of w.'t' therofor of cufficient width to properly maintain
h.' and operate said lateral, with the right N taproee and egress alonggtt! _ Dral for *lie
v ?' purpose ofmaintaining and operating the..11r1.06, or other suitable frigrotrtlicreto, for the
purpo eel of mantaning and operating, old lateral ditch; that said right of way oral oeao-
I� wont extends over and across the northeast quarter of section 23, township 5, north, range 66
ftfielt"
" ' west, of tbo 6th p. m., being lards owned by the defendant., or scene-of than; end that the
title to said anuthard lateral and Ito richt of way aver ord across tin lands of the
„t�, defenlagtarpa, .and the clone is hereby, quieted, In_plo lnt iffy, as against any and oil
(y claintaI ,fbi a defo} 1 nts and each of than, the.--':o or therein.
ppp d 7N ' 1l tE
Te6,I, tiThat, the emporary injunction hereto L_a granted by this COURT heroin on flay 12,
,,, s 1920, i% and the eery Is hereby rode permanent.
l"`W 1 ,q '
. ..�!\•��l TIIpEE - That the defendant a, and each of them,their servants, agents, attorneys and
it 771fy employes and all peroono acting unto their control, .authority or dlrootion aro hereby on-
jC
F joined from in any enamor interfering with the Southard lateral horeinbefore described, ur
'. i' the right of way or eaahment therefor, and from In any manner interfering with plaintiffs
In °leaning oufl( repairijic, maintaining and operating said lateral or from carrying end
. ijy p� transporting their water therein, as the Dante traver.es the lands of the defendant a, and
'1' from inter flrfng with plaintiffs' richt of Ingress ant agrees to en] along veld lateral,
and east the lands of tin defendants, for the purpo.° of neintaining and operating sold
$ f lateral, aa'ho oln found! and decreed, or othrrwtee,ard defendant. are enjoined'from cutting
y.!• the banksof said laterril or dischargingany of their water therein, or transporting any of
1 i
y' tJt k•;t their veto( therein, or fn any manner cutting or injuring the La Nee of said lateral, or the
ti right of way or cavern-tit therefor, or withdresing any water from said lateral in any manner
woe trop art 1
1h (('t POIll. „ nu,t plaintiffs have end recover from the defendants their Goats herein. -
ft sustain d, tE be taxed •
.
M1jC,•,' ''.^p FIVE. - That a copy of this decree when nerved upon the defendants, shall constitute
t - and operate ea en Injunctive writ.
DONS IN OPI]1 COURT thin 29th day of IWy,LD., ]928.
twta'k f)tg,t' Claude C Cof[fn
STATE OP COLORADO, ) Judge•
le..
IjJ Cmmty pf Weld. I
p'4 1.r♦ rr} �. I t,{, I , - 1, /.-J. Luther, Clark of the District Court in and for the '
•
.fore �d1CQunty std I State, do hereby certify that the within and foregoing is a'full 1
true and correct cepY of PINDII:CS All I) DECREE, 1n Cause No. 7691 wherein Mary J.flouthard
f' 'T t , • ant Cherlof E.Douthurd. ere plaintiffs and Mary E. Mottos,. Tobias Vat to and Jacob Bargees
- are defendan lsf id the some appears from the-original files and records of this Court, 1n
Hi ' e7 ! said ca'ar fn this office na remaining 1j L,1fi IPf i - }
U1 Ill TldTIIIONY WlIfll£OP, I have hereunto set my hand end affixed ,
o7j i tq t eay official seal, att. I my of floe n Greeley 1n said County and t
r VVa✓L yt A 1 l { y a �,p State this 31st day of thy A D• 1920 i''t y (+v; Ir ' :
tLi , ,I1 �, 1l:: t i ry' 1 lei • wart aM Y 'A dJ Luther' 11, .) � m1
•
c
y A 1 1 Dlst.t G our o sun y 0010 , 1
i71 S . 5 j)) I'F•Lik r S ri f p 1 • By C C Ankeney i
I IG II ( I� •ill L'ql (x117 1•; I / A) DoPutY 1i, ,j, Is. t
l 1 Tr I ( i,11 k tr 1 ' t ttAit Yet(lyi( ILI ,ittit0tf(tl` L d I,y'1I7 i (f. tf , ,
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