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HomeMy WebLinkAbout2021CV30426 - City Of Fort Collins V. Aaron Million, Jordan Fox-Million; Million Agricultural Investments, Ltd., Arlo Richardson Aka Arlo Lee Richardson; The Pleasant Valley And Lake Canal Ditch Company - 070 - Judgment And Final Decree 1 District Court, Larimer County, Colorado 201 Laporte Avenue, Suite 100 Fort Collins, Colorado 80521 (970) 494-3500 Court Use Only Plaintiff: CITY OF FORT COLLINS, a Colorado home rule municipality, v. Defendants: AARON MILLION a/k/a AARON P. MILLION; JORDAN FOX-MILLION; MILLION AGRICULTURAL INVESTMENTS, LTD., a Colorado limited partnership; ARLO RICHARDSON a/k/a ARLO LEE RICHARDSON; THE PLEASANT VALLEY AND LAKE CANAL COMPANY, a Colorado nonprofit corporation; FOX-MILLION FARMS, LLC, a Colorado limited liability company; and ALL UNKNOWN PERSONS WHO CLAIM AN INTEREST IN THE SUBJECT MATTER OF THIS ACTION. Case No. 21CV30426 Courtroom: 5B JUDGMENT AND FINAL DECREE This matter comes before the Court on Plaintiff’s Motion for Entry of Judgment and Final Decree (“Motion”). Being fully advised, the COURT FINDS: THAT service under C.R.C.P. 4 is proper upon Aaron Million a/k/a Aaron P. Million (“Million”); Jordan Fox-Million (“Fox-Million”); Million Agricultural Investments, Ltd. (“Million Agriculture”); Fox-Million Farms, LLC (“Fox-Million Farms”); Arlo Richardson a/k/a Arlo Lee Richardson; The Pleasant Valley and Lake Canal Company (“PVLC”); and all unknown persons who claim any interest in the subject matter of this action (collectively, “Defendants”); THAT the Defendants are not infants, incompetent persons, officers of an agency of the State of Colorado or in the military service; THAT this is an action in rem affecting specific real property located in Larimer County, Colorado with a legal description set forth in Exhibit A (hereinafter, “Property”). THAT the Court has jurisdiction of all parties to this action and of the subject matter; THAT defendants Million, Fox-Million, Million Agriculture, and Fox-Million Farms (collectively, “Million Defendants”) relinquished any and all claims they may have in the Property. The Million Defendants further agree that the Court shall enter a decree quieting title to the Property in favor of the City of Fort Collins and against the Million Defendants. DATE FILED: January 24, 2023 3:56 PM CASE NUMBER: 2021CV30426 2 THAT defendant PVLC relinquished any rights to the Property except its existing rights to access and maintain the ditch using the Property. THAT defendant Arlo Richardson a/k/a Arlo Lee Richardson disclaimed all interest in the Property under C.R.C.P. 105(f)(3); THAT defendant all unknown persons who claim any interest in the subject matter of this action have failed to appear or otherwise defend this action despite having been properly served with process; the time within which Defendants were required to file a responsive pleading has passed and the Defendants have failed to appear or otherwise defend this action despite having been properly served with process and, therefore, are in default; THAT the City of Fort Collins owns the Property in fee simple and that the location of the Property is not in question; THAT title in and to the Property shall vest in the City of Fort Collins; THAT Defendants have not made any claims of right, title, or interest in the Property in this action and clear title is vested in Plaintiff. THEREFORE, IT IS ORDERED that judgment is entered in favor of Plaintiff City of Fort Collins and against Defendants; IT IS FURTHER ADJUDGED AND DECREED that the City of Fort Collins, Plaintiff, at the time of the commencement of this proceeding, was, and is now, the owner in fee simple absolute, with right to possession of the Property; THAT fee simple title in and to the Property be and the same is quieted in the Plaintiff, and that each of the Defendants has no right, title, or interest in or to the Property or any part thereof, and that the Defendants are forever enjoined from asserting any claim, right, title or interest in or to the Property or any part thereof; and THAT this decree does not extinguish or interfere with the Pleasant Valley and Lake Canal Company’s existing rights to access and maintain the ditch using the Property. Dated: January 24, 2023. BY THE COURT: __________________________ Gregory M. Lammons District Court Judge 3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A tract of land being located in the North Half of Section 5, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado and being more particularly described as follows: Considering the North-South centerline of said Section 6 as bearing South 01°10'36'' West and with all bearings contained herein relative thereto: Commencing at the North Quarter corner of said Section 6; thence, along said North-South centerline, South 01°10'36'' West, 1,204.22 feet to a point being on the Southerly line of Tract B of that tract of land described at Reception No. 90023068 on file at the Office of the Clerk and Recorder of said Larimer County; thence, along said Southerly line and the Southerly line of Tract C of that tract of land described at said Reception No. 90023068 by the following four (4) courses and distances, South 75°48'01'' East, 87.19 feet; thence, North 71°45'27'' East, 282.71 feet; thence, North 50°47'53'' East, 450.98 feet; thence, North 66°30'17'' East, 2,100.78 feet to a point being the Northeast corner of said Section 6; thence, along the East line of the Northeast Quarter of said Section 6, South 00°16'16'' West, 2,730.79 feet to the POINT OF BEGINNING, said point also being a point on the Southerly bank of the Pleasant Valley and Lake Canal Ditch as described in that tract of land recorded at Reception No. 20040053804 on file at the Office of the Clerk and Recorder of said Larimer County; thence, along said Southerly bank by the following four (4) courses and distances, South 50°42'01'' East, 224.30 feet; thence, South 12°46'01'' East, 254.00 feet; thence, South 76°02'01'' East, 202.70 feet; thence, South 51°16'01” East, 9.04 feet to a point being on the South line of the North Half of said Section 5; thence, along said South line, South 84°21'58'' West, 437.89 feet to the West Quarter corner of said section 5; thence along the West line of the North Half of said Section 5, North 00°16'16'' East, 487.36 feet to the Point of Beginning. The above-described tract of land contains 90,591 square feet or 2.080 acres more or less and is subject to all easements and rights-of-way now on record or existing.