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HomeMy WebLinkAboutcoa.Glory Hole Park.Decree.1966 4. ✓' ` JANET 1K. (:;AYL©JtD Y ATTORNEY AT LAW POST OFFICE BOX 605 ASPEN, COLORADO 81611 TELEPHONE 92S-3S29 May 18, 1966 Mrs. Lorraine Graves City Clerk, City of Aspen City Hall Aspen, Colorado 81611 Dear Lorraine: Enclosed is a certified copy of a decree recently obtained by Judge Shaw quieting title in property adjoining the City's Glory Hole property, and which declares that the City is the owner of a part of the Glory Hole property which was claimed by the plaintiff here, Matthew Qblock. Actually, the only effect of this decree is to define the boundaries between the City's Glory Hole property, a part of Lots 32, as described in the decree, and the property owned by Matthew 0 block in the balance of Lot 32. The decree is recorded at Book 220, Page 373, as Document No. 124249, in the Records of Pitkin County, Colorado. Sincerely, .n J et K. Gaylor� ' City Attorney City of Aspen JKG:ac Encl: Quiet Title Decree IN THE DISTRICT COURT IN AND FOR THE COUNTY OF PITKIN AND STATE OF COLORADO Civil Action No. 3550 X)VT OBLOCK, JR. , aka MATHEW M. OBLOCK, JR. , } aka NkTTHEW OBLOCK, JR. , ) ) Plaintiff, ) ) Vs. ) ANDREW MCINTOSH; W, C. MITCHELL; NELLIE MITCHELL; ) EDK4RD CHARLTON; ELLIE MYSER; MRS. MARTHA MCM.ANXSy ) MELISSA .ANN SORG-IN; AUGUST I-ViNSEN; RICHARD HINDMAN; ) MARY OBLOCK L. MCCONNELL; D. R. ALLEN; SAMUEL CARTER;) MARE'=i MORGAN 9 DICK HINKAN; THE ARGENTUM JUNIATA j MINING COMPANY, a yowa Corporation; C. E. ) PALMER, W. E. NEWBERRY, and CHiS. H. EDSALL, as last j known Board of Directors of The ;krgentum Juniata ) DECREE Mining Company, and as such Trustees for its stock- } '� holders and creditors; BO-aRD OF COUNTY COMMISSIONERS ) OF PITKIN COUNTY, COLORADO; HELEN ZORDEL, as County ) Treasurer of Pitkin County, Colorado; HELEN ZORDEL, ) as Public Trustee of Pitkin County, Colorado; CITY } OF .?ASPEN, a municipal corper ation; and ALL UNKNOWN ) PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER ) OF THIS ACTION, ) Defendants. ) THIS CAUSE coming on for trial to this Court this dayof - 1966, upon the plaintiff's complaint, and the plaintiff appearing by William R. Shaw, his attorney, and the City of .Aspen by its attorney, Janet K. Gaylord, and none of the other defendants appearing either in person or by attorney, although having been properly served with process, and the Court having considered the allegations in the complaint filed herein, the evidence adduced and the arguments of counsel, and being fully advised in the premises; DOTH FIND: That as to such defendants as are in the Military Service of the United States as defined in the Soldiers' and Sails°:51' Relief pct attorney appointed as amended appeared by by the Court; and the time for appearance or answer having expired as against each and all of the defendants 3 with the exception of the City of Aspen;,including all unknown persons who claim any interest in and to the subject matter of this action. THE COURT DOTH FURTHER FIND that default has heretofore been entered against said non appearing defendants, and each of them, and all unknown persons who claim any interest in and to the subject matter of this action; that this is an action known as an action in rem; that this is an action to quiet title to he followinc described property located in the County of Pitkin, State of Coloradol Lots 26, 27, 28, 29, 30, 31 and�32,� Ute 'kdditivr to the Townsite and City of Aspen. That summons in the within case was duly and regularly served upon all other defendants either personally or by publication in the manner provided and required by the Colorado Rules of Civil Procedure; that the complaint and thWaffidavit for publication and the order of publication are sufficient in all respects according to law in respect to obtaining service upon all defendants not personally served, including all unknown persons who claim any interest in and to the subject matter of this action; and that this Court has jurisdiction of the parties, and of the subject matter of this action; that the plaintiff is the owner and is in possession of the above described property, with the exception of that portion of Lot 32, more particularly described as Beginning at the NW corne+f Lot 32 Ute Addition to the City of Aspen, Colorado, thence S. 51°92 ' W. 36.8 feet; thence S. 81°05' E. 54.3 feet; thence N. 33°50' W. 40.0 feet to place of beginning, containing approxi- mately 736 squire feet, more or less, which is decreed to be the property of the City of =aspen; that each and every claim or interest of each and every and all of the other defendants, including all unknown persons who claim any interest in and to the subject matter of this action is inferior, subordinate and subject to the right, title and interest of the plaintiff in and to the same; that said title of the plaintiff is -2- in fee simple and paramount and superior to each and every claim, demand, right, title, or interest of the defendants, and each of them, including all unknown person- who claim any interest in and to the subject matter of this action, and each and every party in privity with them, and each of them. WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the plain- tiff be and be is hereby decreed to be the owner in fee simple and in possession and entitled to the possession of the above described property in Pitkin County, Colorado, other than that portion of said Lot 32 which is decreed to be the property of the City of Aspen, ftee and clear of any and all claims, demands, rights, titles or interest of the other defen- dants, and each of them, including all unknown persons who claim any interest in and to the subject matter of this action; and the heirs, devisees, assigns„ personal representatives and successot,, of them and each of them, and all persons claiming by, through orlunder them, or any of them= and that the other defendants not appearing zind each of them including all unknown persons who claim any interest in and to the sub- , ject matter of this action, and each of the, and the heirs, devisees,"Visees, as- signs, personal representatives, successors of them, and each of them, an, all persons claiming by through or under them, and each of them, are hereby enjoined and restrained from claiming or asserting any right, title, or interest adverse to the plaintiff herein, his successors or assigns, and that the said title of the plaintiff, his successors and assigns, and their right to the possession of said real property be, and the same is hereby quieted forever. Done in at day of C�,� X. D. 1966. BY THE COURTS of fiiklm Q)Unty' JUDGE Clerk -3-