DISTRICT COURT, GRAND COUNTY, COLORADO

80451 | 03/14/2019 | Ad id: 8-0000393872
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DISTRICT COURT, GRAND COUNTY, COLORADO 307 Moffat Avenue, PO Box 192 Hot Sulphur Springs CO 80451 Plaintiff: IDLEWILD, LLC v. Defendants: O. H. BARBER, HENRY E. DONEY and LLOYD L. ERVING; and all unknown persons who claim any interest in the subject matter of this action Attorneys for Plaintiff: The Whitmer Law Firm, LLC Kent Whitmer, Atty. Reg. # 21427 William Berry, Atty Reg. # 45989 P.O. Box 38, 129 E. Byers Avenue Hot Sulphur Springs, Colorado 80451 Telephone: 970-725-3460 Email:Email Me Case Number: 2018CV30024 SUMMONS BY PUBLICATION THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE-NAMED DEFENDANT(S): You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court an Answer or other response. You are required to file your Answer or other response within 35 days after the service of this Summons upon you. Service of this Summons shall be complete on the day of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court. If you fail to file your Answer or other response to the Complaint, in writing, within 35 days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint, without further notice. This is an action to determine title to that real property described as: A 50' WIDE TRACT OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST EAST ONE-QUARTER OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST, 6TH PRINCIPAL MERID-IAN, TOWN OF WINTER PARK, COUNTY OF GRAND, STATE OF COLORADO, AND CONSIDERING THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST EAST ONE-QUARTER TO BEAR N 00'47'27" E AS EVIDENCED BY AN ALUMINUM CAPPED REBAR, PLS # 25971 SITUATED AT THE QUARTER CORNER OF SECTIONS 28 & 33 AND AN ALUMINUM CAPPED REBAR, PLS # 25971 SIT-UATED AT THE CENTER-SOUTH ONE SIXTEENTH CORNER OF SAID SECTION 28 AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, SAID TRACT IS MORE PARTICULARLY DE-SCRIBED AS FOLLOWS: BEGINNING (P.O.B.) AT THE EAST ONE-SIXTEENTH CORNER OF SECTIONS 28 & 33 (ALUMINUM CAPPED REBAR, PLS #11415); THENCE S 89'47'43" W ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER A DISTANCE OF 666.85' TO A POINT IN THE FRASER RIVER SITUATED ON THE BOUNDARY LINE OF TRACT L, WHENCE A 30' WITNESS CORNER (ALUMINUM CAPPED REBAR, PLS #31942) BEARS N 89'47'43" E A DISTANCE OF 30.0'; THENCE DE-PARTING SAID SOUTH LINE AND RUNNING N 04'13'34" W ALONG THE COMMON BOUNDARY LINE WITH TRACT L, A DISTANCE OF 9.89' TO A POINT IN THE FRASER RIVER WHENCE A 17' WITNESS CORNER (PLASTIC CAPPED REBAR, PLS #28286) BEARS S 80'08'58" W A DISTANCE OF 17.0'; THENCE S 80'08'58" W ALONG SAID COMMON BOUNDARY, A DISTANCE OF 64.52' TO A POINT (PLASTIC CAPPED REBAR, PLS #28286); THENCE N 19'32'31" W ALONG SAID COMMON BOUNDARY, A DISTANCE OF 53.99' TO A POINT SITUATED 50.0' NORTH OF THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; THENCE DEPARTING SAID COMMON BOUNDARY AND RUNNING N 89'47'43" E, PARALLEL TO AND 50'0 NORTH OF SAID SOUTH LINE, A DISTANCE OF 750.32' TO A POINT SITUATED ON THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; THENCE S 01'16'53" W ALONG SAID EAST LINE A DISTANCE OF 50.02' BACK TO THE POINT OF BEGINNING. EXCEPTING THEREFROM; 4.12 SQUARE FEET MORE OR LESS LYING SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 28. THE ABOVE METES & BOUNDS DESCRIPTION INTENDS TO INCLUDE ALL PORTIONS OF TRACT N0.1 AND THE 20' WIDE ROADWAY RESERVATION DESCRIBED IN BOOK 61, PAGE 530 THAT ARE SITUATED ON THAT PROPERTY VESTED TO IDLEWILD, LLC, A COLORADO LIMITED LIABILITY COMPANY BY WARRANTY DEED RECORDED AT RECEPTION NO. 2002-012846. Dated: March 8, 2019 THE WHITMER LAW FIRM, LLC /s/ Kent H. Whitmer /s/ William Berry By: Kent H. Whitmer, Attorney Reg. No. 21427 William Berry, Attorney Reg. No. 45989 THIS SUMMONS IS ISSUED PURSUANT TO COLORADO RULE OF CIVIL PROCEDURE 4. Published in the MIDDLE PARK TIMES First Publication: March 14, 2019 Last Publication: April 11, 2019 0000393872