District Court, Eagle County, Colorado

81611 | 12/06/2018 | Ad id: 8-0000346059
Details

District Court, Eagle County, Colorado Court 855 East Chambers Ave. Eagle, CO 81631 (970) 328-6373 Plaintiff: MIDLAND AVENUE FUNDING, LLC, a Colorado limited liability company v. Defendant: BASALT MIDLAND PROPERTY LLC, a dissolved Colorado limited liability company 2011 (f/k/a REMSBECHER FAMILY LIMITED PARNTERSHIP), ARTHUR H. REMSBECHER (a/k/a ARTHUR H. REMSBECHER, JR.), JOAN REMSBECHER (a/k/a JOAN E. REMSBECHER) and all unknown persons and unknown heirs of MILDRED REMSBECHER, deceased, who claim any interest in the subject matter of this action DISTRICT COURT CIVIL SUMMONS THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to appear and defendant 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 thirty-five (35) days after service of this Summons upon you. Service of this Summons will 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 thirty-five (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 any further notice. This is an action to quiet the title of the Plaintiff and to the real property and reform the deed to the real property situated in Eagle County, Colorado more particularly described on Exhibit A (incorrect legal description of record) and Exhibit B (correct legal description), attached to and made part of this Summons by reference. PARCEL 1 A PARCEL LOCATED IN TRACT 47, SECTION 7, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF BASALT, COUNTY OF EAGLE, STATE OF COLORADO ACCORDING TO THE INDEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE, AS APPROVED ON JUNE 29, 1928, SAID PARCEL ALSO BEING ALL OF LOT 21 AND A PORTION OF LOTS 10, 10A ,AND 11, BLOCK 2, OF THE TOWN OF BASALT; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH EAST CORNER OF SAID LOT 21, APOINT ON THE SOUTH LINE OF SAID TRACT 47 AND THE NORTHERLY RIGHT OF WAY BOUNDARY OF MIDLAND AVENUE FROM WHICH CORNER NO.3 OF SAID TRACT 47 BEARS NORTH 89 DEGREES 13 MINUTES 38 SECONDS WEST 205.00 FEET DISTANT; THENCE ALONG THE EASTERLY LINE OFSAID LOTS 21 AND 11 NORTH 00 DEGREES 01 MINUTES 22 SECONDS EAST 159.36 FEET; THENCE DEPARTING SAID EASTERLY LINE NORTH 89 DEGREES 38 MINUTES35 SECONDS WEST 74.50FEET; THENCE SOUTH 00 DEGREES 01 MINUTES 22 SECONDS WEST 55.33 FEET; THENCE NORTH 89 DEGREES 13 MINUTES 38 SECONDS EAST 39.00 FEET; THENCE SOUTH 00 DEGREES 01 MINUTES 22 SECONDS WEST 150.00 FEET TO A POINTONTHESOUTHLINEOFSAIDTRACT47THENCEALONGSAIDSOUTHLINE AND THE NORTHERLY RIGHT OF WAY BOUNDARY OF MIDLAND AVENUE SOUTH 89 DEGREES 13 MINUTES 38 SECONDS EAST 55.50FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OFCOLORADO. EXHIBIT A A PARCEL OF LAND SITUATED WITHIN TRACT NO. 47O F SECTION 7, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING A PORTION OF LOTS 10 AND 11 AND AL LOF LOTS 10-A AND 21 OF THE TOWN OF BASALT, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL OF LAND BEINGMORE PARTICULARLY DESCRIBED ASFOLLOWS: COMMENCING AT ANGLE POINT NO. 3 OF SAID TRACT 47, THENCE N 89°15'00" E ALONG THE SOUTHERLY LINE OF SAID TRACT 47 A DISTANCE OF 123.94 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINEN 89° 15'00" EA DISTANCE OF 81.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 21; THENCE LEAVING THE SOUTHERLY LINE OF SAID TRACT 47 N 00°26'54" W ALONG THE EASTERLY LINE OF SAID LOT 21 AND SAID LOT 11 A DISTANCE OF 160.73 FEET; THENCE LEAVING SAID EASTERLY LINE N 89° 58'28" W A DISTANCE OF 79.77 FEET TO POINT ON THE WESTERLY LINE OF SAID LOT 10 -A ; THENCES 00°00' 30" W ALONG SAID WESTERLY LINE A DISTANCE OF 161.83 FEET TO THE POINT OF BEGINNING SAID PARCEL OF LAND CONTAINING 12,968 SQUARE FEET(0.298±ACRES) MORE OR LESS. RODNEY P. KISER LICENSED PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 38215 EXHIBIT B True North Colorado, LLC 1118 Bennett Avenue Glenwood Springs, Colorado 81601 970.945.1105 ?Telephone www.truenorthcolorado.com Dated: November 30, 2018 Clerk of Court/Clerk /s/ Sarah M. Oates Signature of Plaintiff 533. E. Hopkins Avenue, Aspen, CO 81611 Address Published in the Aspen Times Weekly on December 6, 13, 20 and 27, 2018 and January 3, 2018. 0000346059