339945 DISTRICT COURT, ARCHULETA

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Placed on 6/9/2021
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Views: 893
339945
DISTRICT COURT, ARCHULETA COUNTY, COLORADO
Court Address: 46 Eaton Drive, Suite 1, Pagosa Springs, Colorado 81147
Phone Number: (970) 247-2304

Plaintiff:
Judy Boyce as Personal Representative of the Estate of
Terese Tarlton Hershey aka Terese T. Hershey
v.
Defendants:
The heirs of J.W. Hershey aka Jacob W. Hershey aka
Jacob Wilbur Hershey; National Audubon Society, Inc.;
Joyce Farrow, Mindy Potter and Tracey Mosher; Amie
Rodnick, Lawrence Mark Smith, Zane Rodnick-Smith, and
Max Rodnick-Smith; The Jacob and Terese Hershey
Foundation; Southwest Land Alliance; and All Unknown
Persons Who Claim Any Interest in the Subject Matter of
This Action.

Submitting Attorney:
R. Thomas Geyer, Atty. Reg. No: 36227
William Tyler Denning, Atty. Reg. No: 36737
Newbold Chapman & Geyer PC
P.O. Box 2790
Durango, CO 81302
Phone Number: (970) 247-3091
Fax Number: (970) 247-3100
E-Mail: tgeyer@ncg-law.com
tdenning@ncg-law.com

Case Number: 21 CV 30012

SUMMONS (QUIET TITLE) BY PUBLICATION

THE PEOPLE OF THE STATE OF COLORADO

TO THE ABOVE-NAMED DEFENDANTS:
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 quiet title to: See Exhibit 1.

Dated this 2nd day of June, 2021
Published in Durango Herald
First Publication: 9th day of June, 2021
Last Publication: 7th day of July, 2021

NEWBOLD CHAPMAN & GEYER PC
Original signature on file at the office of Newbold Chapman & Geyer PC

/s/R. Thomas Geyer
R. Thomas Geyer, Esq., Reg. No. 36277
W. Tyler Denning, Esq., Reg No. 36737
Attorneys for Plaintiff
150 East 9 th Street, Suite 400
Durango, CO 81301
(970) 247-3091

Exhibit 1

Four Mile Ranch Legal Descriptions

TRACT I:
Township 36 North, Range 1 West, N.M.P.M., Archuleta County, Colorado:

Section 30: Lot No. Four (4)
Section 31: Lot No. One (1)

LESS AND EXCEPT that tract of land conveyed to Kingsbury Pitcher and Charity Jane Pitcher by Warranty Deed recorded February 19, 1985 as Reception No. 129584, and that tract of land conveyed to Mark E. Wilsey and Linda T. Wilsey by Quit Claim Deed recorded December 1, 1987 as Reception No. 0152045.

ALSO LESS AND EXCEPT that tract of land conveyed to Alan Farrow and Joyce Farrow by Warranty Deed recorded February 14, 2008 as Reception No. 20801107.

-and-

Township 36 North, Range 2 West, N.M.P.M., Archuleta County, Colorado:

Section 24: SE1/4
Section 25: E1/2 and E1/2W1/2

LESS AND EXCEPT that tract of land conveyed to Kingsbury Pitcher and Charity Jane Pitcher by Warranty Deed recorded February 19, 1985 as Reception No. 129584.

TRACT II:

Township 36 North, Range 2 West, N.M.P.M., Archuleta County, Colorado:

Section 23: SE1/4NE1/4
Section 24: W1/2NE1/4; E1/2NW1/4 and SW1/4NW1/4

TRACT III:

Township 36 North, Range 2 West, N.M.P.M., Archuleta County, Colorado:

Section 36: NE1/4 and E1/2NW1/4

TOGETHER WITH that tract of land conveyed to Jacob W. Hershey by Warranty Deed recorded April 10, 1981 in Book 179 at Page 123.

LESS AND EXCEPT that tract of land conveyed to Alan Farrow and Joyce Farrow by Warranty Deed recorded February 14, 2008 as Reception No. 20801107.

ALSO LESS AND EXCEPT that tract of land to be conveyed to Amie Rodnick and Lawrence Mark Smith pursuant to Agreement recorded December 28, 2007 as Reception No. 20711758.

TRACT IV:

Township 36 North, Range 2 West, N.M.P.M., Archuleta County, Colorado:

Section 11: N1/2SE1/4
Section 12: N1/2 and N1/2S1/2

TRACT V:

Township 36 North, Range 2 West, N.M.P.M., Archuleta County, Colorado:

Section 11: SE1/4SE1/4
Section 12: S1/2S1/2
Section 13: S1/2NW1/4; NW1/4NW1/4; NE1/4 and N1/2SE1/4
Section 14: NE1/4NE1/4

TRACT VI:

A tract of land located in GLO Lot 1 and the NE1/4NW1/4 of Section 31, Township 36 North, Range 1 West, N.M.P.M. and the E1/2NE1/4 of Section 36, Township 36 North, Range 2 West, N.M.P.M., which tract is more particularly described as follows:

Assuming that the North line of said NE1/4 of Section 36 bears North 89 17 30 West, then beginning at the Northwest corner of the tract herein described, whence the Northeast corner of said Section 36 bears North 58 22 32 East, 653.85 feet distant;
Thence East, 1,210.07 feet to the Northeast corner of the tract herein described, a point on the Westerly right of way limit of Archuleta County Road No. 200 (a.k.a. Snowball Road) as fenced;
South 46 25 22 East, 97.79 feet along said right of way limit, as fenced;
South 47 32 41 East, 313.76 feet to the North corner of that certain tract of land described as Parcel C and filed under Reception No. 152045 of the records in the office of the Archuleta County Clerk and Recorder;
South 02 15 07 East, 761.52 feet along the West line of Parcel C (Reception No. 152045) to its point of intersection with the South line of said NE1/4NW1/4 of Section 31, which point of intersection is the Southeast corner of the tract herein described;
North 88 53 23 West, 932.11 feet along the South line of said NE1/4NW1/4 and said GLO Lot 1 of Section 31 to the Southwest corner of said GLO Lot 1, which corner is identical with the Northwest corner of GLO Lot 2, of said Section 31;
South 02 15 02 East, 87.72 feet along the West line of said GLO Lot 2 to the Northeast corner of that certain tract of land described in Book 179 at Page 124 of the records in said office;
South 88 07 25 West, 399.24 feet along the North line of said tract (Book 179 at Page
124) and an existing fence, to the Northwest corner thereof;
South 11 20 06 East, 390.57 feet;
South 88 05 16 West, 177.48 feet to the Southwest corner of the tract herein described;
North 04 19 12 West, 1,515.97 feet to the point of beginning.

TRACT VII:

A tract of land located in the S1/2NE1/4 and the N1/2SE1/4 of Section 36, Township 36 North, Range 2 West, N.M.P.M., Archuleta County, Colorado, being more particularly described as follows to wit:

Assuming that the north line of said NE1/4 of Section 36 bears North 89 17 30 West, then, BEGINNING at the Northwest Corner of the Tract herein described, whence the Northeast Corner of said Section 36 bears North 45 49 46 East, 2734.24 feet distant;
Thence North 88 05 16 East, 1696.96 feet to the Northeast Corner of the Tract herein described, a point on the West line of that certain Tract of land described in Book 179 at Page 124 of the records in the office of the Archuleta County Clerk and Recorder;
along the west line of said Tract (Bk. 179, Pg. 124) the following courses and distances:
(1) South 11 20 06 East, 52.48 feet;
(2) South 11 09 48 East, 349.18 feet;
(3) South 14 59 52 East, 227.10 feet;
(4) South 20 52 34 East, 114.87 feet;
(5) South 28 20 41 East, 97.91 feet to a point on the boundary of that certain Tract of land described in Book 179 at Page 123 of the records in the office of the Archuleta County Clerk and Recorder;
along the boundary of said Tract (Bk. 179, Pg. 123) the following courses and distances;
(1) South 42 46 01 East, 75.04 feet and (2) South 78 49 01 East, 99.29 feet to the East Quarter Corner of said Section 36;
continuing along the boundary of said Tract (Bk. 179, Pg. 123), South 01 31 20 East, 247.62 feet to the Southeast Corner of the Tract herein described;
along the south boundary of said Tract (Bk. 179, Pg. 123), North 85 51 31 West, 2082.52 feet to the Southwest Corner of the Tract herein described;
North 00 07 35 East, 921.75 feet to the point of beginning.

TOGETHER WITH a non-exclusive access and utility easement for the purposes of ingress, egress and the installation and maintenance of public utility lines as more particularly described in Instrument recorded December 28, 2007 as Reception No. 20711758.
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