HomeMy WebLinkAbout20211948.tiff®GREAT®
ESTERGreat Western Trail Authority
231 W. 4th Avenue
TRAIL
Severance, CO 80546
gwtrail.com
RECEIVED
NOV 18 2021
WELD COUNTY
COMMISSIONERS
TO: Town Board members of Windsor, Severance, and Eaton and the Weld County Commissioners
FROM: The Great Western Trail Authority
DATE: November 18, 2021
RE: Stakeholder Report
The Great Western Trail Authority (GWTA) board presents this report on our activities to IGA members
Windsor, Severance and Eaton as well as the Weld County Commissioners.
2020-2021 Highlights
Trail Construction: In October of 2020, 5.5 miles of trail was completed from Eaton westward to Roullard
Lake. Construction costs came in under bid ($776,067 vs. $858,000), a savings of $81,933. This savings
was due, in a large part, to the oversight of the project by Steve Bagley, GWTA board member and former
engineer with the City of Greeley, who was able to identify cost cutting measures. Steve's time was 100%
donated to the project.
Due to a dispute with an adjacent property over survey boundaries, completion of the final 1.5 miles had to
be put on hold. In August of this year, a district court judge ruled that the property in question belonged to
the GWTA by adverse possession. This ruling solved the final hurdle the GWTA has been faced with to
complete the project. In 2020, each town committed $25,000 to challenge ownership of this property in
court. So far, the GWTA has been able to cover attorney fees without needing any contributions from the
towns.
Once design plans are updated for the next segment (Phase 2), we can move forward with seeking bids and
construction. We hope to finish the project in the spring of 2022 and have the entire 11 miles from Windsor
to Eaton available for use.
Counters: The GWTA has had a permanent bike and pedestrian counter along the trail near the Severance
Middle School since May of 2018. In October of 2020, an additional counter was installed approximately 1
mile west of Cheyenne Avenue near the Eaton Recreation Center. From January 1St of this year to
November 17th, the 2 counters recorded a total of 31,592 bike and pedestrian users.
Northern Colorado Bike and Pedestrian Collaborative: The GWTA continues to be a member of this
group who plan, create, and support non -motorized connections within and between communities in the
North Front Range of Colorado. Practically every jurisdiction in this region participates along with CDOT,
CSU, NFRMPO, and other advocates. One of the projects underway by this group is to create uniform
"wayfinding" signage in Northern Colorado to identify connections between the various regional trails.
Funding: Again, we thank each of the 3 towns and Weld County for your continued financial support and
request that the contribution from each jurisdiction continue in 2022 at the $10,000 level.
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Community Outreach: The GWTA had a booth at both Eaton Days and Severance Days last summer to
promote the Great Western Trail and answer questions from citizens.
Fencing Project: The GWTA secured a $4500 grant from the Colorado Department of Public Health and
Environment (CDPHE) and constructed fencing at 10 county road crossings between Eaton and Windsor to
identify entry ways to the trail.
2022 Goals
Trail Construction: Finish the final 1.5 miles of trail from Roullard Lake to Severance in the spring of
2022.
Funding: Continue to seek donations for trail capital projects via the Great Western Trail Foundation as
well as taking advantage of grant opportunities when they arise.
Maintenance and Safety: Develop formal agreements (IGAs, MOUs) between stakeholder towns,
Weld County, and the GWTA for trail maintenance and policing.
Trail Manager: With the completion of 5.5 miles of trail ion 2020, it has become apparent that the
GWTA needs to contract with a company for weed control and mowing. We have a part-time manager,
but his availability has been limited due to his other full-time job and by the equipment that we have
available. The GWTA will be putting out an RIP seeking to turn this maintenance over to a qualified
company.
If you would like a member of the GWTA board to attend one of your workshops or board meetings to answer
questions, please let us know.
Thank you for your continued financial and moral support.
Respectfully,
Tom Jones, Chr
Great Western Trail Authority
RECEIVED
�GREAT�
�ESTERN
TRAIL
Great Western
Post Office Box 339
Severance, CO 80546
gwtrail.com
AUG 18 2021
WELD COUNTY
COMMISSIONERS
Trail Authority
TO: Town Board Members, Managers, and Attorneys of Windsor, Severance, and Eaton and the
Weld County Commissioners
FROM: Tom Jones, Chi -
Great Western Trail Authority (GWTA)
DATE: August 17, 2021
RE: Update on the Great Western Trail Authority's court filing regarding disputed property in
the original railroad ROW
As you may recall, the completion of the Great Western Trail between Severance and Eaton was
put on hold due to a dispute with an adjacent property owner, Hester Farms. On August 4th, an
"Entry of Judgment" (attached) was made by the Weld County District Court that the subject
property belonged to the GWTA by virtue of adverse possession. This ruling will go a long way
toward allowing us to complete the final 1.5 miles of trail construction.
There are 2 other properties along that 1.5 mile stretch where the 1990 survey differed from the
original 1905 railroad survey, but we believe these property owners will be cooperative in
allowing us to utilize the original survey boundaries.
It is our hope that we can go to bid for construction of the final segment early next year and have
the total 11 miles of trail from Windsor to Eaton completed before June of 2022.
Please contact me with any questions or concerns: trjdvm@comcast.net or 970-686-7325.
Co tAm. n; cod-;onS
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2_0x-1945
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 915 10th Street, Greeley, CO 80631
Telephone: (970) 475-2400 DATE
FILED: August 4, 2021 4:16 PM
NUMBER: 2021CV30390
A COURT USE ONLY •
CASE
Plaintiff: GREAT WESTERN TRAIL AUTHORITY, a
governmental entity;
v.
Defendant: HESTER FARMS, INC., a Colorado corporation.
Case No.: 2021 CV 30390
Division: 4
ENTRY OF JUDGMENT
THE COURT, having reviewed the parties' Joint Stipulation for Entry of Judgment, filed
July 26, 2021, hereby enters judgment pursuant to C.R.C.P. 57(a) in favor of Plaintiff Great
Western Trail Authority and against Defendant Hester Farms, Inc. on Plaintiffs claim for
declaratory judgment. The Court hereby FINDS, ORDERS, JUDGES, AND DECREES that:
1. Plaintiff filed its Complaint on June 30, 2021, seeking a declaration that Plaintiff has, as
to Defendant, adversely possessed certain real property situate in Weld County,
Colorado, more particularly described as follows:
A parcel of land for easements purposes, located in Lot B of Recorded Exemption No. 0707-31-02
RECX18-0123 (RECX18-0123), recorded Feb 27, 2019 as Reception No. 4469961 of the Records of
Weld County, situate in the Northwest Quarter (NW1/4) of Section Thirty-one (31) of Township Seven
North (T.7N.), Range Sixty-six West (R.66W.), of the Sixth Principal Meridian (6th P.M.), County of
Weld County, State of Colorado, being more particularly described as follows:
COMMENCING at the Center Quarter Corner of said Section 31 as monumented by a 3 '/4" aluminum
cap on a #6 rebar stamped LS 38576 and considering the South line of the Northwest Quarter (NW1/4) of
Section 31, as bearing South 88°49'56" West a distance of 2684.24 feet to the West Quarter Corner of
Section 31 as monumented by a 3 '/4" aluminum cap on an aluminum pipe stamped LS 25619, with all
other bearings contained herein relative thereto;
THENCE South 88°49'56" West along said South line of the NW1/4 of Section 31 a distance of 1562.76
feet to a common corner of 3 adjoining properties, being an angle point to the South line of Lot B of
RECX 18-0123, being along the West line of a 100' wide strip of Railroad property, recorded July 22,
1905 as Reception No. 104094 of the Records of Weld County, being the Northeast corner of a 60' wide
portion of a Railroad property, recorded April 22, 1905 as Reception No. 102327 of the Records of Weld
County and to the POINT OF BEGINNING;
THENCE South 88°49'56" West along said South line of the NW 114 of Section 31, being a common line
between said Lot B of RECX18-0123, and said Northerly line of Railroad Property Rec. No. 102327
South 88°49'56" West a distance of 489.48 feet to an angle point of said Lot B and the angle point of
Railroad Property Rec. No. 102327;
THENCE North 56°06'49" West along the Westerly line of said Lot B and the Easterly line of Railroad
Property Rec. No. 102327, North 56°06'49" West a distance of 69.64 feet to the Northeast corner of
Railroad Property Rec. No. 102327 and to a line parallel with and 40 feet Northerly of, as measured at a
right angle to the South line of the NW1/4 /4 of Section 31;
THENCE North 88 °49'56" East along said parallel line a distance of 485.82 feet to the Northwest corner
of Railroad Property Rec. No. 104094 and the Southerly line of Lot B of RECX18-0123;
THENCE South 57 '46'12" East along the common line of said Railroad Property and Lot B a distance of
72.67 feet to the POINT OF BEGINNING.
Said described parcel of land contains a total of 19,506 sq. ft. or 0.448 acres, more or less and is subject to
any existing easements and rights of way of record or as now existing on said described parcel of land.
(the "Notch").
2. Counsel for Defendant waived and accepted service of Plaintiffs Complaint on July 1,
2021. Proper service of process has thus been made on Defendant pursuant to Rule 4,
C.R.C.P.
3. The Court has jurisdiction of all parties to this action and of the subject matter thereof.
4. Venue is proper in this Court.
5. Plaintiff Great Western Trail Authority, and its predecessors in title, have, against
Defendant Hester Farms, Inc., adversely possessed the Notch for more than eighteen
years.
6. Every claim made by Defendant to the Notch is unlawful and without right.
7. Defendant has no right, title or interest in or to the Notch or any part thereof.
8. Defendant is forever enjoined from asserting any claim, right, title or interest in or to the
Notch or any part thereof.
Dated this 4th day of August , 2021.
HE COURTrJ
2./ 4z--
istrict Court Judge
Entry of Judgment
Page 2 of 2
ESTERNGRE
TRAIL
Great Western Trail Authority
231 W. 4th Avenue
Severance, CO 80546
gwtrail.com
RECEIVED
JUL 0 7 2021
WELD COUNTY
COMMISSIONERS
TO: Town Board Members, Managers, and Attorneys of Windsor, Severance, and Eaton and the Weld County
Commissioners
FROM: Tom Jones, Chr
Great Western Trail Authority (GWTA)
DATE: July 3, 2021
RE: Court filing regarding disputed property in the original railroad ROW
As many of you are aware, completion of the Great Western Trail between Eaton and Severance has been put
on hold due to a property line dispute with an adjacent owner whose 1990 survey conflicts with the railroad's
original 1905 survey. While 5.5 miles of the 7 -mile project has been completed, this property dispute is holding
up construction of the final 1.5 miles.
Earlier this year the landowner, Hester Farms, proposed that if we paid them $15,000, they would deed the
property in question to the GWTA. Our board felt that this was the quickest and least expensive way to acquire
the land and we voted to except the offer pending our grant administrator's (CDOT's) approval. At a subsequent
meeting with CDOT's ROW staff, we were informed that any transaction such as this would be considered
"land acquisition" and, as such, would initiate time consuming and costly requirements, including a land
appraisal, new surveys, a new plan set, and environmental clearances. It was estimated that this process would
take 6+ months to complete at a cost of over $50,000, all to acquire less than %2 acre of land.
On June 30th, the GWTA's attorney, Fred Otis, submitted a "Complaint for Declaratory Judgement" (attached)
in Weld County District Court seeking a ruling of adverse possession of the property since the railroad used it
for many years. If the ruling is in our favor, CDOT indicated that construction can proceed without going
through all the "land acquisition" requirements.
Earlier this year the 3 towns entered into an IGA where each pledged $25,000 to, if needed, fund a court
challenge to ownership of the property. Our attorney charges related to this case are slightly over $5000 so far
this year and the GWTA's cash on hand has been able to cover these costs. How much additional funding may
be needed depends on to what extent Hester Farms wishes to fight for this land. It is our hope that this case will
be settled quickly with minimal additional expenditures. It should be noted that one of the Hester Farm's
principals has been cooperative with our efforts while the other has been dead set against the trail since planning
for it began back in 2006.
The GWTA continues to appreciate your support. Please contact me with any questions or concerns.
trjdvm@comcast.net or 970-686-7325.
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2021-1948
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 915 10th Street, Greeley, CO 80631
Telephone: (970) 475-2400
A COURT USE ONLY •
Plaintiff: GREAT WESTERN TRAIL AUTHORITY, a
governmental entity,
v.
Defendant: HESTER FARMS, INC., a Colorado corporation.
Attorneys for Plaintiff.
OTIS & BEDINGFIELD, LLC
Lia Szasz, #49631
Lee J. Morehead, #43971
Fred L. Otis, #7343
The Doyle Building
1812 56th Avenue, 2nd Floor
Greeley, CO 80634
Telephone: 970-330-6700
Emails: Iszasz@nocoattorneys.com;
lorehead@nocoattorneys.com;
fotis@nocoattorneys.com
Case No.: 2021 CV 30390
Division:
SUMMONS - HESTER FARMS, INC.
TO THE ABOVE NAMED DEFENDANT: HESTER FARMS, INC.
YOU ARE HEREBY SUMMONED and required to file with the Clerk of this 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 21 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 35 days after such service upon you. Your answer or counterclaim must be accompanied
with the applicable filing fee.
If you fail to file your answer or other response to the Complaint in writing within the applicable
time period, the Court may enter judgment by default against you for the relief demanded in the
Complaint without further notice.
The following documents are also served with this Summons: Complaint, Exhibits, District
Court Civil Case Coversheet.
Respectfully submitted this 30th day of June, 2021.
OTIS & BEDINGFIELD, LLC
Attorneys for Plaintiff
s/ Lia Szasz
By: Lia Szasz, #49631
Lee J. Morehead, #43971
Fred L. Otis, #7343
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.
WARNING: A valid summons may be issued by a lawyer and it need not contain a court case
number, the signature of a court officer, or a court seal. The plaintiff has 14 days from the date
this summons was served on you to file the case with the court. You are responsible for
contacting the court to find out whether the case has been filed and obtain the case number. If
the plaintiff files the case within this time, then you must respond as explained in this summons.
If the plaintiff files more than 14 days after the date the summons was served on you, the case
may be dismissed upon motion and you may be entitled to seek attorney's fees from the plaintiff.
Summons — Hester Farms, Inc.
Page 2 of 2
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 915 10th Street, Greeley, CO 80631
Telephone: (970) 475-2400
♦ COURT USE ONLY •
Plaintiff: GREAT WESTERN TRAIL AUTHORITY, a
governmental entity;
v.
Defendant: HESTER FARMS, INC., a Colorado corporation.
Attorneys for Plaintiffs:
OTIS & BEDINGFIELD, LLC
Lia Szasz, #49631
Lee J. Morehead, #43971
Fred L. Otis, #7343
The Doyle Building
1812 56th Avenue, 2nd Floor
Greeley, CO 80634
Telephone: 970-330-6700
Emails: lszasz@nocoattorneys.com;
lmorehead@nocoattorneys.com;
fotis@nocoattorneys.com
Case No.: 2021 CV
Division:
COMPLAINT FOR DECLARATORY JUDGMENT
Plaintiff Great Western Trail Authority ("Trail Authority") by and through counsel Otis
& Bedingfield, LLC, state the following for its Complaint against Hester Farms, Inc.:
PARTIES, JURISDICTION, AND VENUE
1. Plaintiff Trail Authority is a separate and independent governmental and legal entity
pursuant to C.R.S. § 29-1-201 et seq., and Colorado Constitution Article XIV, Section
18(2).
2. Trail Authority resides in Weld County, Colorado.
3. Upon information and belief, Defendant Hester Farms, Inc. is a Colorado corporation
with a principal place of business at 12246 Weld County Road 76, Eaton, CO 80615.
4. Venue is proper in this Court pursuant to C.R.C.P. Rule 98(a) as the subject real property
is situate in Weld County, Colorado.
5. The Court has subject matter and personal jurisdiction pursuant to C.R.S. § 13-1-124(a)
and (c).
GENERAL ALLEGATIONS
6. Plaintiff incorporates the allegations set forth above as if fully set forth herein.
7. Starting in approximately 1905, The Northern Construction Company acquired strips of
land between Eaton, Colorado and Windsor, Colorado that are described on Exhibit 1
("Railroad Right -of -Way"), to build a railway which later became known as the "Great
Western Railway".
8. By approximately 1920, The Northern Construction Company completed construction of
the Great Western Railway on the Railroad Right -of -Way including track, railbed and
fencing.
9. Great Western Railway of Colorado, LLC ("Railway") is the successor -in -interest to The
Northern Construction Company to the Railroad Right -of -Way.
10. In 2006, pursuant to the National Trail System Act known as "Rails to Trails", Railway
donated the Railroad Right -of -Way, to Trail Authority.
11. Exhibit 2 attached hereto is a true and accurate copy of the Deed evidencing Railway's
donation to Trial Authority of the Railroad Right -of -Way. Pursuant thereto, Trail
Authority has current ownership and possessory interest in the Railroad Right -of -Way,
subject only to the Railway's reversionary interest as specified in Exhibit 2.
12. Trail Authority has undertaken to install trail improvements on a seven (7) mile section of
the Railroad Right -of -Way between Eaton, Colorado and Severance, Colorado ("Trail
Improvements").
13. About five and one-half (5.5) miles of the Trail Improvements have been completed.
14. As construction neared the final one and one-half (1.5) miles of Trail Improvements,
Defendant protested and stalled any further construction, claiming a portion of the Trail
Improvements would be made on a portion of property owned by Defendant as described
in paragraph 15 below.
15. Defendant claims to own an approximate 500 -foot strip of land of the yet -to -be
constructed one and one-half (1.5) miles of trail, described more particularly on Exhibit
3 and hereafter known as the "Notch". The property described on Exhibit 3 contains
approximately a total of 19,506 square feet or 0.448 acres.
16. The railway from 1920 - 1999, and track, the railbed and encompassing fencing from
1920 to now, have continuously existed on the Notch.
Complaint For Declaratory Judgment
Page 2 of 4
CLAIM FOR RELIEF
Declaratory Judgement Pursuant to C.R.C.P. 57
Adverse Possession, C.R.S. § 38-41-101, et seq.
17. Plaintiff incorporates the allegations above as if fully set forth herein.
18. Plaintiff and its predecessors -in -interest's possession of the Notch has been actual,
adverse, hostile, and under a claim of right for more than eighteen years.
19. Plaintiff and its predecessors -in -interest have possessed the Notch by placing track,
railbed and fencing and by use as a railway for more than 18 years.
20. Defendant and its predecessors -in -interest could see the railroad use, track, fencing, the
railbed, and railway thereon and were therefore on notice that Plaintiff claims possession
of the Notch openly and notoriously since 1920.
21. Plaintiff and its predecessors -in -interest have claimed exclusive ownership of the Notch
against Defendant, its predecessors -in -interest, and the general public as evidenced by the
encompassing fence, the railbed, and railway thereon since 1920.
22. Plaintiff and its predecessors -in -interest have possessed the Notch exclusively, openly,
notoriously, and continually since 1920.
23. A real and actual controversy exists regarding ownership of the Notch. Plaintiff claims
ownership of the Notch by adversely possessing against Defendant and its predecessors -
in -interest for more than 100 years. Defendant claims record title ownership.
24. To determine the dispute, legal rights and duties of the parties as they relate to the Notch,
Plaintiff seeks a declaratory judgment pursuant to C.R.C.P. 57 and the Colorado
Declaratory Judgment Act, C.R.S. § 13-51-101, et. seq.
25. A declaratory judgment in this case on the issue solely of adverse possession as to
Defendant of the Notch will fully and finally resolve the controversy as to all parties
named herein.
26. Plaintiff seeks a judgment declaring that Plaintiff has superior title to Defendant through
adverse possession of the Notch for a period exceeding eighteen years, and further that
Defendant has no right, title or interest in and to the Notch.
WHEREFORE, Plaintiff respectfully requests the Court (1) enter a Decree of
declaratory judgment that Plaintiff and its predecessors in title have adversely possessed the
Notch for more than the statutory period of eighteen (18) years as to Defendant, and thus has title
superior to Defendant; (2) enter a declaratory judgment that Defendant has no right title or
interest in and to the Notch; and (3) for such other and further relief the Court deems proper.
Complaint For Declaratory Judgment
Page 3 of 4
Respectfully submitted this 30th day of June, 2021.
OTIS & BEDINGFIELD, LLC
Attorneys for Plaintiffs
s/ Lia Szasz
By: Lia Szasz, #49631
Complaint for Declaratory Judgment
Page 4 of 4
Those strips, tracts and parcels of land lying in Section 15, Township 6 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded May 22, 1905 in Book 221 at Page 46 and in Book 221 at Page 48, and in Right
of Way Deed recorded April 22, 1905 in Book 228 at Page 56.
Those strips, tracts and parcels of land lying in Section 14, Township 6 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado, as described in Right of Way
Deed recorded April 22, 1905 in Book 228 at Page 58.
Those strips, tracts and parcels of land lying in Section 11, Township 6 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded May 22, 1905 in Book 221 at Page 49 and in Book 221 at Page 51.
Those strips, tracts and parcels of land lying in Section 2, Township 6 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado, as described in Right of Way
Deed recorded April 22, 1905 in Book 228 at Page 58.
Those strips, tracts or parcels of land lying in Section 35, Township 7 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deed
recorded May 22, 1905 in Book 221 at Page 49.
Those strips, tracts or parcels of land lying in Section 36, Township 7 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deed
recorded April 22, 1905 in Book 228 at Page 39, in Deed recorded May 15, 1905 in Book
228 at Page 123, in Warranty Deed recorded April 22, 1905 in Book 228 at Page 52, and
in Warranty Deed recorded April 22, 1905 in Book 228 at Page 54.
Those strips, tracts or parcels of land lying in Section 31, Township 7 North, Range 66
West of the 6th P.M, County of Weld, State of Colorado, as described in Warranty Deed
recorded April 22, 1905 in Book 228 at Page 54, in Right of Way Deed recorded July 22,
1905 in Book 228 at Page 267, Warranty Deeds recorded May 22, 1905 in Book 221 at
Page 47, and in Book 221 at Page 50, and in Warranty Deed recorded April 22, 1905 in
Book 228 at Page 50.
Those strips, tracts or parcels of land lying in Section 32, Township 7 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado, as described in Decree of Court
recorded January 18, 1909 in Book 289 at Page 336, and in Warranty Deed recorded July
14, 1905 in Book 221 at Page 208.
Those strips, tracts or parcels of land lying in Section 33, Township 7 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded July 14, 1905 in Book 221 at Page 206 and in Book 221 at Page 207, and
recorded April 22, 1905 in Book 228 at Page 48.
Exhibit 1 - Page 1 of 2
Those strips, tracts or parcels of land lying in Section 34, Township 7 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded July 14, 1905 in Book 221 at Page 209 and in Book 221 at Page 210, and
recorded April 22, 1905 in Book 228 at Page 46.
Those strips, tracts or parcels of land lying in Section 35, Township 7 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded April 22, 1905 in Book 228 at Page 41, and recorded May 22, 1905 in Book 221
at Page 50.
Those strips, tracts or parcels of land lying in Section 36, Township 7 North, Range 66
West of the 6s' P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded April 22, I905 in Book 228 at Page 44, and recorded July 14, 1905 in Book 221
at Page 211.
Those strips, tracts or parcels of land lying in Lot 14, Block 2, North Side Addition to the
Town of Eaton, County of Weld, State of Colorado, as described in Warranty Deed
recorded July 22, 1905 in Book 221 at Page 233.
Those lots or parcels of land situate, lying and being located in Blocks I and 2, North
Side Addition to the Town of Eaton, and in Blocks 1, 2, 3, 4, 5 and 6, East Side Addition
to the Town of Eaton, and in the SW I/4 of Section 31, Township 7 North, Range 65 West
of the 6th P.M., County of Weld, State of Colorado, all as described in Warranty Deed
recorded July 14, 1905 in Book 228 at Page 240.
All that part of Lots 1, 2 and 4, in Block 5, East Side Addition to the Town of Eaton,
County of Weld, State of Colorado, as described in Deed recorded July 14, 1905 in Book
197 at Page 294.
All that part of Lot 14, in Block 5, North Side Addition to the Town of Eaton, County of
Weld, State of Colorado, as described in Warranty Deed recorded July 22, 1905 in Book
221 at Page 233.
Exhibit 1 - Page 2 of 2
6/46
111111111111111111111111111111111111111111111111111 iii/
3434659 11/14/2006 02:43P Weld County,
1 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder
DONATIVE QUITCLAIM DEED
Grantor, Great Western Railway of Colorado, L.L.C., a Colorado limited liability company, for
$10.00, and other good and valuable consideration paid, hereby quitclaims and conveys to
Grantee, Great Western Trail Authority, a separate and independent governmental and legal
entity formed by intergovernmental agreement by the Town of Eaton, the Town of Severance
and the Town of Windsor pursuant to the provisions of Colorado Revised Statutes, Section 29-1-
2-1 et. seq. and Colorado Constitution Article XIV, Section 18 (2), its successors and assigns, all
of Grantor's right, title and interest, except as described in this Donative Quitclaim Deed, in and
to the lands and premises described on the attached Exhibit A ("Property"), including all rights -
of -way, bridges, culverts, on or to the land and premises described on the attached Exhibit A.
Grantee acknowledges that any interim trail use by Grantee or its assigns shall be subject to the
possibility or future restoration of rail service. Grantee further agrees to take all steps necessary
at no expense to Grantor to comply with all applicable requirements relating to such interim trail
use and/or restoration. In the event of reactivation of rail services on the Property is deemed
necessary by Grantor, Grantee agrees to transfer to Grantor the Property back to Grantor free and
clear of any encumbrances or liens not in effect prior to the date of this Donative Quitclaim Deed
by executing a quitclaim deed in recordable form subject to the conditions contained in the
Donation Agreement dated November 13, 2006. Nothing in this document shall confer any
obligation upon Grantor to reactivate rail service over the Property.
Grantor reserves to itself, its successors and assigns, and reserves and excepts from this grant the
following:
A. Access rights across and to the entire Property for emergency purposes and for the
exercise of any rights related to retained interests in the Property as deemed necessary or
advisable by Grantor, without charge and without notification to Grantee. Grantor's exercise of
this reservation shall not, however, permanently damage improvements placed on the Property
by Donee or its successors and shall not unduly burden the use of the Property as a recreational
trail.
B. All rights to all coal, oil, gas, casing -head gas and all ores and minerals of every kind and
nature including sand and gravel underlying the surface of the Property, together with the full
right, privilege and license at any and all times to explore, or drill for and to protect, conserve,
mine, take, remove, and market any and all such products in any manner, together with the right
of access at all times to exercise such rights ("Reservation Rights"). To the extent physically
possible, Grantor shall exercise these Reservation Rights other than through the surface of the
Property. In no event will Grantor's exercise of these Reservation Rights permanently damage
any improvements placed on the Property by Grantee or its successors and shall not unduly
burden the use of the Property as a recreational trail.
C. Any water and water rights, ditch and ditch rights, reservoirs and water storage rights,
spring and spring rights, groundwater and underground water tights, including all tributary and
non -tributary water rights, decreed or undecreed, appurtenant to or historically used in
connection with the Property. Donor further reserves the right to develop and take water from
the Property by any means, including all appropriations, priorities, permits and certificates which
Exhibit 2 - Page 1 of 5
11111/1114111211111091111111111 11111111 1111111)
3434659 eld County, CO
2 of 5 R 26.00 I) 0.00 Steve Moreno Clerk & Recorder
are appurtenant to, associated with, used upon, flowing over, under, or lying on, in or under the
Property, together with the perpetual right to construct, operate, and maintain any and all water
diversion, production, and transportation structures, equipment, improvements and piping, and to
construct, operate and maintain water pumps and hydroelectric generation equipment and all
equipment necessary, convenient or related to the production, transportation or delivery of water
from, on, under or across the Property, or any portion of it. Grantor's exercise of this reservation
shall not, however, permanently damage improvements placed on the Property by Grantee or its
successors and shall not unduly burden the use of the Property as a recreational trail.
D. An exclusive easement on the Property for the construction, maintenance, and operation
of one or more pipelines or fiber optic cables or lines, communications equipment, control
systems, and various types of cables, as presently located or may be located in the future on the
Property. In no event will Donor's exercise of this reservation permanently damage any
improvements placed on the Property by Donee or its successors and shall not unduly burden the
use of the Property as a recreational trail.
Grantor shall retain and shall be entitled to all rents or revenues from property acquisition
agreements, property leases, term leases, indefinite term leases, permits, licenses, easements, and
all other agreements related to the Property, whether such agreements are existing on the date of
this Agreement or entered into after the date of this Agreement ("Property Related
Agreements"). Donor reserves the exclusive right to enter into Property -Related Agreements
during the term of this Agreement so long as such Property Related Agreements do not
permanently damage any improvements placed on the Property by Donee or its successors and
shall not unduly burden the use of the Property as a recreational trail.
IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of November 13, 2006.
Great Western Railway of Colorado, L.L.C., a
Colorado limited liability company
By.
Manager
Exhibit 2 - Page 2 of 5
11111111111111111111 01 MIDI III UII IIII IIII
3434669 11114/2006 02:43P Weld County, CO
3 of 6 R 26.00 D 0.00 Steve Moreno Clerk & Recorder
STATE OF COLORADO
) ss.
COUNTY OF DENVER
The foregoing instrument was acknowledged before me / this 34( day of
/%Uew1Io ✓ , 20( , by mike_ 8qrn ,aas /l —7Cr of
(fPatWPsrn Jectl)uk oc Cdprado,a C44akide liia4e Lab; •
Witness my hand and official seal.
My commission expires:
My Commission Fires 1110112008
/iouernker 1, 2 -Cog
err
Notary Public
3
9.c?J/
Exhibit 2 - Page 3 of 5
11111111111111111 IIIIII! 11111111111111111111111 11111111
3434659 11/14/2006 02:43P Weld County,
4 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder
Exhibit "A"
Those strips, tracts and parcels of land lying in Section 15, Township 6 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded May 22, 1905 in Book 221 at Page 46 and in Book 221 at Page 48, and in Right
of Way Deed recorded April 22, 1905 in Book 228 at Page 56.
Those strips, tracts and parcels of land lying in Section 14, Township 6 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado, as described in Right of Way
Deed recorded April 22, 1905 in Book 228 at Page 58.
Those strips, tracts and parcels of land lying in Section 11, Township 6 North, Range 67
West of the 6'h P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded May 22, 1905 in Book 221 at Page 49 and in Book 221 at Page 51.
Those strips, tracts and parcels of land lying in Section 2, Township 6 North, Range 67
West of the 6s' P.M., County of Weld, State of Colorado, as described in Right of Way
Deed recorded April 22, 1905 in Book 228 at Page 58.
Those strips, tracts or parcels of land lying in Section 35, Township 7 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deed
recorded May 22, 1905 in Book 221 at Page 49.
Those strips, tracts or parcels of land lying in Section 36, Township 7 North, Range 67
West of the 6th F.M., County of Weld, State of Colorado, as described in Warranty Deed
recorded April 22, 1905 in Book 228 at Page 39, in Deed recorded May 15, 1905 in Book
228 at Page 123, in Warranty Deed recorded April 22, 1905 in Book 228 at Page 52, and
in Warranty Deed recorded April 22, 1905 in Book 228 at Page 54.
Those strips, tracts or parcels of land lying in Section 31, Township 7 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deed
recorded April 22, 1905 in Book 228 at Page 54, in Right of Way Deed recorded July 22,
1905 in Book 228 at Page 267, Warranty Deeds recorded May 22, 1905 in Book 221 at
Page 47, and in Book 221 at Page 50, and in Warranty Deed recorded April 22, 1905 in
Book 228 at Page 50.
Those strips, tracts or parcels of land lying in Section 32, Township 7 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado, as described in Decree of Court
recorded January 18, 1909 in Book 289 at Page 336, and in Warranty Deed recorded July
14, 1905 in Book 221 at Page 208.
Those strips, tracts or parcels of land lying in Section 33, Township 7 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded July 14, 1905 in Book 221 at Page 206 and in Book 221 at Page 207, and
recorded April 22, 1905 in Book 228 at Page 48.
Exhibit 2 - Page 4 of 5
f 11111111111(11111111111nil MHO 111111IIII!!1
34348659 11/14/2008 02:43P Weld County, CO
5 of 5 R 26.00 0 0.00 Steve Morano Cleric a Recorder
Those strips, tracts or parcels of land lying in Section 34, Township 7 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded July 14, 1905 in Book 221 at Page 209 and in Book 221 at Page 210, and
recorded April 22, 1905 in Book 228 at Page 46.
Those strips, tracts or parcels of land lying in Section 35, Township 7 North, Range 66
West of the 6th F.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded April 22, 1905 in Book 228 at Page 41, and recorded May 22, 1905 in Book 221
at Page 50.
Those strips, tracts or parcels of land lying in Section 36, Township 7 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado, as described in Warranty Deeds
recorded April 22, 1905 in Book 228 at Page 44, and recorded July 14, 1905 in Book 221
at Page 211.
Those strips, tracts or parcels of land lying in Lot 14, Block 2, North Side Addition to the
Town of Eaton, County of Weld, State of Colorado, as described in Warranty Deed
recorded July 22, 1905 in Book 221 at Page 233.
Those lots or parcels of land situate, lying and being located in Blocks 1 and 2, North
Side Addition to the Town of Eaton, and in Blocks 1, 2, 3, 4, 5 and 6, East Side Addition
to the Town of Eaton, and in the SW1/4 of Section 31, Township 7 North, Range 65 West
of the 6th P.M., County of Weld, State of Colorado, all as described in Warranty Deed
recorded July 14, 1905 in Book 228 at Page 240.
All that part of Lots 1, 2 and 4, in Block 5, East Side Addition to the Town of Eaton,
County of Weld, State of Colorado, as described in Deed recorded July 14, 1905 in Book
197 at Page 294.
All that part of Lot 14, in Block 5, North Side Addition to the Town of Eaton, County of
Weld, State of Colorado, as described in Warranty Deed recorded July 22, 1905 in Book
221 at Page 233.
Exhibit 2 - Page 5 of 5
EXHIBIT A
PROPERTY DESCRIPTION
A parcel of land for easements purposes, located in Lot B of Recorded Exemption No. 0707-31-02
RECX18-0123 (RECXI8-0123), recorded Feb 27, 2019 as Reception No. 4469961 of the Records of
Weld County, situate in the Northwest Quarter (NW1/4) /4) of Section Thirty-one (31) of Township Seven
North (T.7N.), Range Sixty-six West (R.66W.), of the Sixth Principal Meridian (6th P.M.), County of
Weld County, State of Colorado, being more particularly described as follows:
COMMENCING at the Center Quarter Corner of said Section 31 as monumented by a 3 '/." aluminum
cap on a #6 rebar stamped LS 38576 and considering the South line of the Northwest Quarter (NW1/4) /4) of
Section 31, as bearing South 88°49'56°' West a distance of 2684.24 feet to the West Quarter Corner of
Section 31 as monumented by a 3 V,," aluminum cap on an aluminum pipe stamped LS 25619, with all
other bearings contained herein relative thereto;
THENCE South 88°49'56" West along said South line of the NWl/4 of Section 31 a distance of 1562.76
feet to a common corner of 3 adjoining properties, being an angle point to the South line of Lot B of
RECX 18-0123. being along the West line of a 100' wide strip of Railroad property, recorded July 22,
1905 as Reception No. 104094 of the Records of Weld County, being the Northeast corner of a 60' wide
portion of a Railroad property, recorded April 22, 1905 as Reception No. 102327 of the Records of Weld
County and to the POINT OF BEGINNING;
THENCE South 88°49'56" West along said South line of the NW I/4 of Section 31, being a common line
between said Lot B of RECX18-0123, and said Northerly line of Railroad Property Rec. No. 102327
South 88°49'56" West a distance of 489.48 feet to an angle point of said Lot B and the angle point of
Railroad Property Rec. No. 102327;
THENCE North 56°06'49" West along the Westerly line of said Lot B and the Easterly line of Railroad
Property Rec. No. 102327, North 56°06'49" West a distance of 69.64 feet to the Northeast corner of
Railroad Property Rec. No. 102327 and to a line parallel with and 40 feet Northerly of, as measured at a
right angle to the South line of the NW 1/4 of Section 31;
THENCE North 88°49'56" East along said parallel line a distance of 485.82 feet to the Northwest corner
of Railroad Property Rec. No. 104094 and the Southerly line of Lot B of RECX 18-0123;
THENCE South 57046.12" East along the common line of said Railroad Property and Lot B a distance of
72.67 feet to the POINT OF BEGINNING.
Exhibit 3 - Page 1 of 2
PROPERTY DESCRIPTION
EXHIBIT -A
PART OF THE N1/4
SECTION 31, T.7N. R.66W.
PAGE 2 OF 2
NW 1/4
SEC77ON31
100' RAILROAD ROW
BOOK 228, PAGE 54
REC. NO. 102327
632.00'
WEST QUARTER CORNER
SECTION 31, T.7N. R.66W.
3 1/4" ALUMINUM CAP ON
ALUMINUM PIPE LS 25619
1Iz co-0123
xi80123
01-31
6
L3
L1
PROPERTY DESCRIPTION
19,SGIssq. A /0448 sans
POINT OF BEGINNING
100' PROPERTY
800K 228, PAGE 2671
L4 REC. NO. 104094
60' 1562.76'
SOUTH LINE OF NW YJISECTION 31
BASIS OF BEARINGS 588'49'56"W 2684.24'
CENTER QUARTER CORNER
SECTION 31, T.7N. R.66W.
3 1/4" ALUMINUM CAP ON
#6 REBAR LS 38576
POINT OF COMMENCEMENT
LINE TABLE
UNE
BEARING
LENGTH
11
588'49'56"W
489.48'
L2
N56'06'49"W
69.64'
L3
N88'49'56"E
485.82'
L4
S57'46'12"E
72.67'
Exhibit 3 - Page 2 of 2
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 915 10th Street, Greeley, CO 80631
Telephone: (970) 475-2400
♦ COURT USE ONLY •
Plaintiff: GREAT WESTERN TRAIL AUTHORITY, a
governmental entity,
v.
Defendant: HESTER FARMS, INC., a Colorado corporation.
Attorneys for Plaintiff
OTIS & BEDINGFIELD, LLC
Lia Szasz, #49631
Lee J. Morehead, #43971
Fred L. Otis, #7343
The Doyle Building
1812 56th Avenue, 2❑d Floor
Greeley, CO 80634
Telephone: 970-330-6700
Emails: lszasz@nocoattorneys.com;
lorehead@nocoattorneys.com;
fotis@nocoattomeys.com
Case No.: 2021 CV
Division:
DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF
COMPLAINT, COUNTERCLAIM, CROSS -CLAIM OR THIRD -PARTY COMPLAINT
AND JURY DEMAND
1. This cover sheet shall be filed with the initial pleading of a complaint, counterclaim, cross -
claim or third party complaint in every district court civil (CV) case. It shall not be filed in
Domestic Relations (DR), Probate (PR), Water (CW), Juvenile (JA, JR, JD, JV), or Mental
Health (MH) cases. Failure to file this cover sheet is not a jurisdictional defect in the pleading
but may result in a clerk's show cause order requiring its filing.
2. Simplified Procedure under C.R.C.P. 16.1 applies to this case unless (check one box below if
this party asserts that C.R.C.P. 16.1 does not apply):
❑ This is a class action, forcible entry and detainer, Rule 106, Rule 120, or other similar
expedited proceeding, or
❑ This party is seeking a monetary judgment against another party for more than $100,000.00,
including any penalties or punitive damages, but excluding attorney fees, interest and costs,
as supported by the following certification:
By my signature below and in compliance with C.R.C.P. 11, based upon information
reasonably available to me at this time, I certify that the value of this party's claims
against one of the other parties is reasonably believed to exceed $100,000."
Or
❑ Another party has previously filed a cover sheet stating that C.R.C.P. 16.1 does not apply
to this case.
3. ❑ This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P. 38.
(Checking this box is optional.)
Respectfully submitted this 30th day of June, 2021.
OTIS & BEDINGFIELD, LLC
Attorneys for Plaintiff
s/ Lia Szasz
By: Lia Szasz, #49631
Lee J. Morehead, #43971
Fred L. Otis, #7343
District Court Civil Case Cover Sheet
Page 2 of 2
DATE FLED:
DISTRICT COURT, WELD COUNTY, COLORADGE NUMBER:
901 9th Avenue, P.O. Box 2038, Greeley, CO 80632
(970) 475-2400
June 30, 2021 2:18 PM
2021CV30390
♦ COURT USE ONLY•
Plaintiffs:
Great Western Trail Authority, a governmental entity
v-
Defendants:
Hester Farms, Inc., a Colorado corporation
Case No.
21CV30390
Division: 4
Initial Case Management Order
(for cases filed on or after July 1, 2015)
These procedures apply to all civil cases filed in Weld County District Court on or
after July 1, 2015. All counsel and unrepresented parties are expected to comply
with the deadlines set below. Please read this Order carefully.
1. Case Management Deadlines:
A. Service of Process: Returns of service for all defendants must be filed
within 63 days after the date of the filing of the complaint.
B. Default Judgment: Application for default judgment must be filed
within 21 days after default has occurred and must comply with
C.R.C.P. 55 and 121, §1-14.
C. Trial Setting
(1) For a case governed by C.R.C.P. 16, a trial setting must be obtained
no later than 42 days after the case is at issue, using the procedures
in C.R.C.P. 121, § 1-6. The case management conference must be
held no later than 49 days after the case is at issue, as required by
C.R.C.P. 16(d)(1). The responsible attorney must file and serve a
notice to set the case management conference no later than 7 days
after the case is at issue. The proposed case management order is
due no later than 7 days before the conference.
(a) The responsible attorney means plaintiffs counsel, unless the
plaintiff is not represented by counsel, in which case it means
the defense counsel who first enters an appearance in the case.
(b) A case is deemed at issue when all parties have been served and
all pleadings permitted by C.R.C.P. 7 have been filed, or when
defaults or dismissals have been entered against all non -
appearing parties, or at such other time as the Court may direct.
(2) For a case governed by Simplified Procedure under C.R.C.P. 16.1,
the responsible attorney must set the case for trial no later than 42
days after the case is at issue, unless otherwise ordered by the
Court, using the procedures in C.R.C.P. 121, § 1-6. The same
definitions above of responsible attorney and at issue date apply.
(3) Unless the parties encounter difficulties in setting trial or other
dates, settings are conducted by telephone and do not require a
court appearance. To reach the Division in which your case has been
assigned, please call during division setting times between the
hours of 8:30 a.m. and 10:00 a.m. on Tuesdays and Thursdays:
(a) Division 1: (970) 475-2510
(b) Division 4: (970) 475-2540
(c) Division 5: (970) 475-2550
D. A District Court Civil Cover Sheet (JDF 601) must be filed with all civil
complaints.
2. Settlement Plan Deadlines:
A. For all civil cases, a plan for settlement, as required by C.R.C.P. 16(b)(7)
§§ 13-22-311 & -313, C.R.S., must be submitted using these procedures.
B. No later than 35 days after the case is at issue, the parties shall explore
the possibility of a prompt settlement or resolution of the case.
Initial Case Management Order
Page 2 of 5
C. No later than 42 days after the case is at issue, the parties shall submit
a document entitled, "Stipulated Plan Regarding Settlement," setting
forth their plans for future efforts to settle the case. Unless notified
otherwise by the Court, the Stipulated Plan Regarding Settlement is
automatically adopted as an Order of the Court.
D. The Stipulated Plan Regarding Settlement (ADR Plan) must include the
following:
(1) Specification of the selected form of ADR. The parties may select
any form of ADR defined in § 13-22-302, C.R.S.
(2) Designation of a provider who has been contacted and has agreed to
provide ADR services to the parties. The parties may select any
provider available in the community including Office of Dispute
Resolution (ODR). ODR offers moderately priced mediation and
other ADR services. ODR can be scheduled at
www.ColoradoODR.org or call 720-625-5933.
E. If no stipulated plan is submitted within 42 days after the case is at
issue, the Court -ordered plan shall be that the parties must participate
in mediation with ODR no later than 63 days before the trial date.
F. Failure to comply with these procedures may result in sanctions
including, but not limited to, loss of trial date.
G. The parties must certify in the proposed trial management order (due
28 days before trial) that they have complied with the Stipulated Plan
Regarding Settlement or with ODR.
3. Discovery Disputes=
A. Consistent with C.R.C.P. 16(b)(14), the Court requires discovery motions
to be presented orally, without written motions or briefs.
B. Counsel and unrepresented parties are expected to first confer about
any discovery dispute —in a meaningful way —by telephone or in person
to try to resolve it. An exchange of e -mails does not qualify.
C. If conferral does not resolve the dispute, then set a telephone hearing
with the Division assigned to the case. The Court will set this hearing
Initial Case Management Order
Page 3 of 5
as quickly as possible —within a week or less, depending on the Court's
docket.
D. No later than 3 p.m. on the day before the telephone hearing, the
parties may file with the Court (with service on all other parties) a
letter of no more than two pages that explains the dispute and provides
citations to any critical cases or other legal authority. If necessary to
develop the record for any findings the Court might have to make, the
parties may also submit exhibits. Multiple -page exhibits must be
highlighted so that the pertinent information is easily identified.
4. Page Limits:
A. The parties must follow the requirements of C.R.C.P. 10(d) and C.R.C.P.
121, § 1-15(1)(a), which the Court strictly enforces unless prior
permission is obtained to deviate from those requirements.
B. Depending on the circumstances —including the nature of the violation,
the issues involved, and the implications for the parties' substantive
rights —the Court may choose to consider only that portion of a motion
or brief that complies with these page limit requirements, and ignore
the rest; or the Court may choose to strike the entire motion or brief or
the Court may fashion some other appropriate relief.
5. Court Interpreters:
A. As discussed in Chief Justice Directive 06-03, the Court will provide an
interpreter during court proceedings for a party to a case; a victim; a
witness; the parent, legal guardian, or custodian of a minor party; and
the legal guardian or custodian of an adult party, if such person has
limited English proficiency. A court proceeding for which an interpreter
will be provided includes any hearing, trial or other appearance before
the court.
B. If an interpreter is required for this case, the attorney or unrepresented
party shall notify the Court in writing at least 30 days before the court
proceeding and specify the language being requested (e.g., Spanish). If a
party has requested an interpreter and it turns out an interpreter is not
needed (e.g., the case is continued or a settlement is reached) that party
Initial Case Management Order
Page 4 of 5
must notify the Court. Notification must be provided to the court at
least 72 hours before the scheduled court proceeding.
6. Miscellaneous:
A. The plaintiff shall send a copy of this Order to all other parties who
enter an appearance, and shall file a certificate of mailing within 14
days following the entry of appearance.
B. Any attorney entering an appearance in this case who is aware of a
related case is ordered to complete and file in this case a document
entitled, "Information Regarding Case(s)," to inform the Court of the
related case(s) and stating whether consolidation is appropriate.
7. Sanctions: If an attorney or unrepresented party fails to comply with this
Order, the Court may dismiss the case without prejudice.
So Ordered:
June 30, 2021
BY THE COURT:
Todd Taylor
Shannon Lyons
ames F. Hartmann
hief Judge, 19th Judicial District
District Court Judge District Court Judge
I certify that the foregoing Initial Case Management Order was dispatched electronically to
Plaintiff or Plaintiff counsel via ICCES
Dated: June 30, 2021
Initial Case Management Order
Page 5 of 5
Mariah Higgins
From:
Sent:
To:
Subject:
Received. Thank you!
Mariah Higgins
Deputy Clerk to the Board
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel: (970) 400-4225
Email: mhippins(OLweldgov.com
Mariah Higgins
Wednesday, July 7, 2021 2:03 PM
Esther Gesick; Chloe Rempel
RE: Update on GWTA Property Dispute
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: Esther Gesick <egesick@weldgov.com>
Sent: Tuesday, July 6, 2021 8:34 AM
To: Mariah Higgins <mhiggins@weldgov.com>; Chloe Rempel <crempel@weldgov.com>
Subject: FW: Update on GWTA Property Dispute
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
From: Karla Ford <kford@weldgov.com>
Sent: Tuesday, July 6, 2O21 6:59 AM
To: Commissioners <COMMISSIONERS@co.weld.co.us>; Don Warden <dwarden@weldgov.com>; Bruce Barker
<bbarker@weldgov.com>; Ryan Rose <rrose@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>
Subject: FW: Update on GWTA Property Dispute
FYI
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Thomas Jones <tridvm@comcast.net>
Sent: Saturday, July 3, 2021 2:11 PM
To: Karen Frawley <kfrawley@windsorgov.com>; Michael Jenner <mjenner@townofseverance.org>; Jane Winter
<jane@eatonco.org>; Karla Ford <kford@weldgov.com>
Cc: Fred Otis <fotis@nocoattorneys.com>; Thomas Jones <tridvm@aol.com>; Steve Bagley <sbagley50@outlook.com>;
Liz Heid <lheid@eatonco.org>; John Flanagan <flanag.p@gmail.com>; GLENN BABCOCK <glennab@prodigy.net>; Vic
Tallon <vtallon@windsorgov.com>; Mike Ketterling <mcketterli@aol.com>; Steve Wrenn <swrenn@msn.com>; Monica
Pettypool <mpettypool@c3-re.com>; Andy Nagel <info@gwtrail.com>
Subject: Update on GWTA Property Dispute
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Town Clerks:
Could you please forward the 2 attachments to this email to your respective town board members, town managers, and
town attorneys?
Thank you.
Tom Jones, Chr
Great Western Trail Authority
2
Hello