Case No.

1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 1 of 19

DISTRICT COURT, 11th JUDICLAL DTSTRICT,

FREMONT COUNTY, COLORADO
COURT ADDRESS: 136 Justice Center Rd DATE FILED: May 31. 2018 4:5 6 PM
Canon City, CO 81212 ~' ILING 10: 648036C9£EBOJ
1----=---"-2--=--:c--=-:..-=-:-=--_ _ __ _ _ _ __ _ _ _ _~'_ AS E N UMB ER : 2018CV30069

Plaintiffs: ROGER HILL

v.

Defendants: MARK EVERETT WARSEW A, and

LINDA JOSEPH, A COURT USE ONLY A

Interested Party: STATE OF COLORADO

Attorney Alexander N. Hood, No. 42775 Case Number:

Attorney for PLaintiff
1435 High St., Suite 300 Division: Courtroom:
Denver, CO 80218
Tel.: 802-578-5682
Email: [email protected]

,I

COMPLAINT

I. INTRODUCTORY STATEMENT

1. Plaintiff Roger Hill is a 76-year-old fly fisherman who enjoys fishing on the Arkansas

River. One spot he particularly enjoys is just upstream from where Texas Creek enters the

Arkansas. Defendants own a home adjacent to the River at that fishing spot. Over the years,

Defendants have repeatedly asserted that the bed of the River at this fishing spot is their private

property. Plaintiff Hill has had rocks thrown at him, been threatened with the Sheriff, and one of

Plaintiffs fishing buddies was shot at by one of the Defendants while fishing there.

2. By virtue of the doctrine of navigability for title and for the reasons detailed below,

Plaintiff Hill asserts that the bed of the Arkansas River adjacent to Defendants' property is public

land owned by the State of Colorado and that he is within his rights to fish there. Here, Plaintiff

- - - - -- - - -- - -- - - - - - - - - - - - - - --.,.:-- - -----
Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 2 of 19

Hill asks that the Court declare that Defendants have no right to exclude him from his favorite

fishing spot, to decree that the Arkansas River in this location is owned by the State of Colorado

in trust for the publ ic, and enjoin Defendants from future attempts to exclude Plaintiff.

II. PARTIES, JURISDICTION, AND VENUE

3. Jurisdiction is conferred upon this Court by Article VI, Section 9 of the Constitution of

the State of Colorado.

4. At all times material to the allegations of this Complaint, Plaintiff Hi II and Defendants

Warsewa and Joseph were natural persons residing in Colorado.

5. Pursuant to C.R.C.P. 98, venue is proper in Fremont County, Colorado because

Defendants reside in that County and the real property at issue is located in that County.

6. Plaintiff alleges that the real property that is the subject of this suit is owned by the State

of Colorado in trust for the public and therefore the State is named as an interested party.

III. STATEMENT OF FACTS

A. The Warsewa Parcel

7. Defendants Warsewa and Joseph jointly own real property in Fremont County, Colorado

with a street address of 493 Shannon Rd, Cotopaxi, CO 81223.

8. According to Defendants' deed, the legal description of this real property is as follows:

LOT 5, BLOCK 2, GOLDEN ACRE HOMESTTES, ACCORDING

TO THE RECORDED PLAT THEREOF, FREMONT COUNTY,
COLORADO.

9. Defendants deed is attached to this Complaint as Exhibit I and the plat described in the

deed is attached to this Complaint as Exhibit 2.

10. This real property is adjacent to the Arkansas River near and just upstream from the

confluence of the Arkansas and Texas Creek.

1J. This real property will hereinafter be referred to as the Warsewa Parcel.

2
Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 3 of 19

12. The chain of title for Ihe Warsewa parcel started with a Federal patent 10 a private party

that was issued after Colorado became a state. Since the issuance of the patent, the chain of title

has cons isted only of private parties.

13. Plai ntiff claims that the bed of the Arkansas River adjacent to the Warsewa parcel is

public land owned by the state of Co lorado in trust for the public, whi le Defendants have

repeated ly asserted that the bed of the River is part of the Warsewa parcel and their private

property.

B. Defend a nts' Assertions of Ownership over the Bed of the Arkansas River

14. Through a series of events, Defendants have asserted that the bed of the Arkansas River

adjacen t to thei r property is their private property and that Pla intiff Hi ll is trespassin g when he

fi shes there.

15. As a result, Plaintiff Hill fears phys ical vio lence, arrest, and claims of trespass if he

returns to this fishing spot. This prevents him from fishing there cu rrently ,

i. Defendant J ose ph Throws Rocks at Pl aintiff ~JiII

16. In the summer of20 12, the year of Plaint iff Hill' s 71 st birt hday, Plaintiff Hi ll went ny
fishing with a friend , Joseph SzeJes.

17. Whi le fishing, Pla intiff Hill was wading near or adjacent to the Warsewa Pa rcel.

~ 8. From about 50 feet above, a woman yelled that PlaintifT H ill was wading on private

property.

! 9. Plaintiff Hilf believes the woman was Defendant Joseph, as she was standing near what

he knows to be Defendant Warsewa ' s house. Defendant Joseph also occupies and owns that

home.

20. Plaintiff Hill told the woman that he had a right to be there and tried to ignore the

continlled yelling.

3
Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 4 of 19

21. The woman then started throwing rocks at Plaintiff Hi II from above, including rocks the

size of baseballs.

22. Plaintiff Hill was particularly concerned because he was on blood thinning medication in

preparation for an upcoming heart procedure and could potentially suffer from excessive

bleeding if he were struck by a rock.

23. To avoid being struck, he fled to the far side of the River where the rocks could not reach

him.

24. Plaintiff Hill continued fishing for a short period of time and then left.

25. About two weeks later, Plaintiff Hill returned to fish in the same place on the River with

a different friend , James R. Curry.

26. While fishing he heard someone announce "this is your official request to leave."

27. That person was Defendant Warsewa, who was stand ing on the bank of the ri ver, about

twenty yards upstream from Plaintiff Hill and Mr. Curry.

28. Plaintiff Hill asked to talk with Defendant Warsewa about the issue. Defendant Warsewa

was adamant that Plaintiff Hill had no right to be in the River because he owned the River bed.

29. Defendant Warsewa told Plaintiff Hill the idea of the state owning the River or the public

having any right to be in the River was "insane and crazy."

30. At that point, Defendant Warsewa walked back to his truck, which was 50 yards from

Mr. Curry's car. Plaintiff Hill and Mr. Curry then followed him back to the parking area.

31. When Plaintiff Hill and Mr. Curry reached Mr. Curry's car, Defendant Warsewa yelled

"you're getting a summons."

32. Defendant Warsewa also left a note under Mr. Curry's windshield wiper. A copy of that

note is attached to this Complaint as Exhibit 3.

4
 Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 5 of 19

ii. Defendant Warsewa Shoots at Plaintiff Hill's Friend, Charles Pugsley, While He
is Fishing

33. On or about May 2015, Charles Pugsley (a friend of Plaintiff Hill) and Mr. Pugsley's

friend Gary Jordan camped on Bureau of Land Management public land on the north side of the

Arkansas River in Fremont County, Colorado.

34. The next morning, Mr. Pugsley and Mr. Jordan set out fishing.

35. They waded into the Arkansas River from the public land where they camped and began

wading toward the Warsewa Parcel, fishing as they moved.

36. At about noon, Mr. Jordan was separated from Mr. Pugsley.

37. After that, Mr. Pugsley heard a man on shore yelling "that's private land."

38. The man on shore was Defendant Warsewa.

39. Mr. Pugsley, believing the bed of the Arkansas River in that location to be public, yelled

back that the River was not private land.

40. After this exchange, Mr. Pugsley carried on fishing.

41. A little while later that same day, Mr. Pugsley looked up from fishing and saw Defendant

Warsewa, approximately 200 yards away, pointing a handgun at him.

42. Defendant Warsewa then shot at Mr. Pugsley.

43. Thankfully, the shot missed and hit the water near where Mr. Pugsley stood fishing.

44. Defendant Warsewa pointed the gun at Mr. Pugsley again, but the gun appeared tojam.

45. Mr. Pugsley fled downstream to Mr. Jordan.

46. The two left the river to call the County authorities to report the crime.

47. Defendant Warsewa was prosecuted for the shooting in the Fremont County Court.

48. On August 25, 2015, Defendant Warsewa pleaded guilty to menacing pursuant to Colo.

Rev. Stat. § 18-3-206 for the incident.

-- --- ---- - - "-

Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 6 of 19

C. The Arkansas River Was Used, and Was Susceptible to Being Used for Commerce
When Colorado Became a State

49. Colorado became a state on August I, 1876.

50. The bed of all lakes and streams determined to be navigable at the time of statehood

became the property of the State in trust for the public.

51. Substantial evidence supports a finding that the Arkansas River at and around Texas

Creek-including the bed of the Arkansas adjacent to the Warsewa parcel-was navigable at the

time of statehood because it was regularly used and was susceptible to being used in its ordinary

condition at the time of statehood as a highway for commerce, over which trade and travel are or

may be conducted.

52. In March 1813, after wintering in an Arapaho village on the upper reaches of the

Arkansas River (above Texas Creek), Ezekiel Williams made a canoe, "determined to descend

that river." He trapped beaver while floating approximately four hundred miles downstream. At

some point along the River, well past Texas Creek, and beyond present-day Pueblo, Colorado,

Williams stopped because of low water. Around June) st, with the "June rise" beginning, the

Arkansas River flows were sufficient to allow him to float his canoe laden with beaver pelts.

53. On May 16, 1814, Ezekiel Williams set out with two companions, Braxton Cooper and

Morris May, from Boon's Lick, Missouri, to retrieve the furs he cached at the site of the Arapaho

village on the upper reaches of the Arkansas River. In July 1814, after meeting the Arapahos on

the upper reaches of the Arkansas River (well above Texas Creek), Williams, two companions,

and 17 or 18 "Frenchmen" called "Phillebert's Company," set off down the river in their canoes

loaded with furs. According to Braxton Cooper, "Sometime in July we left that [unknown word]

and set down the Arkansas four or [five] hundred miles where we were compelled to leave our

canoes and loading." Their float down the river would have taken them well past Texas Creek.

6
 Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 7 of 19

54. In addition to the canoes that carried William's cargo of commercially valuable furs, river

drift boats were constructed that in 1876 could have easily carried furs down the Arkansas River.

One such boat, modified Whitehall rowboats, were built by Thomas Bagley, a master boat

builder with his shop in Chicago . Bagley built the boats that carried John Wesley Powell's

expeditions of 1869, and 1871. The river flows of the Green and Colorado are much rougher and

more dangerous than those of the Arkansas River between Browns Canyon and Royal Gorge.

Boats of this design could have easi Iy navigated the Arkansas River in its natural condition at the

time of statehood .

55. Numerous contemporaneous reports from local newspapers describe the commercial use

of the Arkansas River to float logs and railroad ties from the mountains to the plains in 1872,

1873, 1874, 1875, 1876, and 1877. These floats started well above Texas Creek.

56. For example, in 1870, Charles and Robert May guided 60,000 railroad ties down the

Arkansas to Pueblo from the headwaters area, well above Texas Creek. They used a boat to

follow the ties down river to dislodge them when they became stuck. They traveled downstream

for three days until they reached the Royal Gorge.

57. In 1873 some 80,000-[ 00,000 railroad ties were driven down the Arkansas through Texas

Creek and past Pueblo for use in the construction of the Arkansas Valley Railroad by the

Atchison Topeka and Santa Fe Railroad Company.

58. In 1875, another drive of 50,000 ties floated down the Arkansas past Texas Creek.

59. Tn 1876,200,000 ties were cut in Lake County and floated down the Arkansas past Texas

Creek to Canon City and beyond, for use in railroad expansions south and east of Pueblo. Lake

County encompasses the headwaters of the Arkansas above Texas Creek.

-_. - - - - --- - - - - ---

Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 8 of 19

fIRST CLAIM FOR RELIEF : DEC LARA TORY JUDGMENT PURSUANT TO

C.R.C.P.57

Plaintiff Hill liS. Defendants Warsewa and Joseph

60. Defendants have repeatedly asserted that the bed orthe portion of the Arkansas River that

is adjacent to the Warsewa Parcel is pan of th e Warsewa pa rce l, that it is their private property,

and that they have a righ t to excl ude persons from it, including Plaintiff.

61 . Plaintiff asserts tha t the disputed portion of the bed of the Arkansas River is public land

owned by the State of Colorado and he ld in trust fo r the people of Co lorado by virtue of it be in g

navigab le for title when Co lorado became a state. Accordingly, he is not trespassing by wading

in thai portion of the River.

62. The Arkansas River is navigable for title at this location because, for the reasons detailed

supra, il was " used o r ... susceptible ofbci ng used in [its] ord in ary conditio n as raj hi ghway fo r

co mmerce over which trade and tra ve l are or may be conducted in the customary modes of trade

and travel o n water" on August I, 1876. the date Colorado became a state .

63. The bed of the Arkansas River at this location is therefore public land owned by the state

of Colorado in trust fo r the public and Plaintiff is not trespassing by wading on the bed of the

Rive r.

64. Plaintiff requests a dec larati on fro m the Court that Defendants have no right to exclude

Plaintiff Hill from wading in the Arkansas River at the subject location.

65. Pla in tiff further requests injunctive rcJiefbarring Defendants fro m threatening,

assau lting, o r battering Plaintiff and enjoini ng Defendants fro m excludi ng Plaintiff from the

River at the subject location.

8
 Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 9 of 19

SECOND CLAIM FOR RELIEF: QUIET TITLE PURSUANT TO

C.R.C.P.105

Requesting an Adjudication of the Rights of Plaintiff, Defendants, and the State of

Colorado with Regard to the Subject Real Property

66. Ownership over the real property constituting the bed of the Arkansas River adjacent to

the Warsewa Parcel is in dispute.

67. Defendants are withholding possession of the subject real property from the state of

Colorado, and denying Plaintiff access to the subject real property, by claiming the subject real

property is part of the Warsewa Parcel and thus that they ho Id title to the property.

68. [n fact , for the reasons described supra, the subject real property is not part of the

Warsewa Parcel.

69. Rather, the state of Colorado holds title to the subject real property in trust for the publ ic

by virtue of the Arkansas River being navigable for title at statehood.

70 . The Arkansas River is navigable for title at this location because, for the reasons detailed

supra, it was "used or .. . susceptible of being used in [its] ordinary condition as [a] highway for

commerce over which trade and travel are or may be conducted in the customary modes of trade

and travel on water" on August I, 1876, the date Colorado became a state.

71. Plainti ff claims he has a right of publ ic access to the subject real property by virtue of the

State's title.

72 . Based on Plaintiffs title search, no other parties have an interest in the subject real

property.

73 . Plaintiff therefore requests a complete adjudication of rights of all parties to the subject

real property and a decree from the Court that the subject real property is owned exclusively by

the state of Colorado in trust for the public.

- - -- - - - - - - - -- - - - - - - -- - - - - -- _.
 Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 10 of 19

74. Plaintiff further requests injunctive relief barring Defendants from threatening,

assaulting, or battering Plaintiff, and enjoining Defendants from excluding Plaintiff from the

River at the subject location.

PLAINTIFF DOES NOT DEMAND A JURY TRIAL

PRA YER FOR RELIEF

75. Plaintiff respectfully requests an Order from this Court:

a. Entering judgment for Plaintiff and against all Defendants.

b. Declaring that Defendants Warsewa and Joseph have no right to exclude Plaintiff

Hi" from the River at the subject location.

c. Quieting title and decreeing that title to the disputed real property is held

exclusively by the State of Colorado in trust for the public.

d. Preliminarily enjoining Defendants from threatening, assaulting or battering

Plaintiff, and enjoining Defendants from excluding Plaintiff from the River at the

subject location.

e. Permanently enjoining Defendants from threatening, assaulting or battering

Plaintiff, and enjoining Defendants from excluding Plaintiff from the River at the

subject location.

f. Any other rei ief that the Court deems just and proper.

Respectfully submitted,

By: s/Alexander Hood

Alexander Hood
Attorney for the Plaintiff

10

----------
Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 11 of 19

Plaintiffs' Address:
C/O Attorney Alexander Hood
1410 High St., Suite 300
Denver, CO 80218

11
 Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 12 of 19

DATE FILED: May JL 2018 4:56 PM

FI UNO ID: 648036C9EEBO I
CASE NUMBER: 2018CV30069

EXHIBIT 1

- -- --------
 Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 13 of 19
RECEPTION#: 829070, 11/08/2006 at 02:15:21 PM, 1 OF 2, R $11.00 D $16.60
NORMA HATFIELD, FREMONT COUNTY, CO CLERK AND RECORDER

Ralum 10:'

of tile said Caunlyof .nd Stale uf CALl?ORNlA

I STATE COCUMENTARY FEE
• trenter, Bnd
MAR~ WARSEWA AND LINDA JOSiPH o.te NOV d}bOOO
AmountS i$.
wIlo... legol.dd".. i. HH BRYANT STUIT
DiNVZR, CO 80~11 "CLARAnON A1TACHEJ)
o( lhe: .wd Cooney of &nd Sta'" of COLORADO . grantee:

WlTNESS. <hal me gnnlOr. for and in ooruoo.lion o( lIIe IUm uf Tan dollars and other !lood and
valuable consideration DOLLARS. tile receiplltld sutlicloncy a(whlch il hereby
acknowledged, has granted. beri1ined, sllld and conveyed , .nd by lhese prosont6 dD" granr, b&1Kain. sell, convey and confp'm. UntO !he
g"n~. theil ~ei" anc1 ... igns forev,<. nol in lenancy In <OlMllln bUI Injoinllcnancy. aJllhe leal property. roaelhet wllh ill1'ro YemcnlJ.
if .ny. sial,«. lying ,0<1 being in lhe laid County of rRlIMON'I' and Sla .. nfColando descr ibed as follows:

LOT 5, SLOCK ~, GOLDKN ACRE HOIlESITIS. ACCORDING TO THE DCORDiD Pt.AT

THJ:RKOI", rlUCHONT COUNTY, COLORADO.

also known by .lfeel and number II: 493 SHANNON ROAD, COTOPAXI, CO al223
TOGETHER wilh.U and .100ulll !he heredltlJ1l<nt:l.nd appurlWllnco.lh,roto bCl""IIin& . • r in an)""i.. apportlinin,. and Ihe I",mien
and ,"yelll.os. telTllliodOJ' .nd roma/odor •. rentl. ilOuet and profiIJ lher.of. and BII!he ..we. righ~ lillo, in .......,. cilim and demand ..hal-
.oever of !he EtanlOr . • i!her in la", or "'Iuily, of. io and 10 !he abo.~ bargained premilea. willllilc heredicmnenlJ ,nd .PPUIUflR11Cel,
TO HA YE AND TO HOLD Ihe hid pmni.... bove bargained and d... rlbed. wilh Ihe appurtenances. unlo Ibc Eronft. hit heilS oruI
IISsigTU foreyer. And tbe grmmr, foc himself. his heirs.. and perionaJ reprC$cntlfivc$, docs covenant. arane. bltS.in. and Isree to and with
the anntcc. his heirs Uld auigI1l. thlt at rh.e. time of UJ~ ,nseal iog and delivery of lhe«e pre.sent!, he i. w~Jr t:1Ciud of the premixa above
conveyed. has good. sure , perfect, tlb,olu~ and i nd~fediblc estate at' lnhn'iLince , In law, '0 fcc .1"111." and hal good right, full pow!!r and
lawtulautharlty lu granl. bargain. Jell and convey the SBJT'JO in manner and form U UOI"caaid, aDd thl' the ta.zne are (ree and cleat fram aU
former and Olher 8,&n1l, bUiaiN. aaltt, llcllI. tI:c:ti. UICUO'lenrt, encumbrancu and resrrictioIU of wMtevcr tind Of 04cure 6OC:Vcr, ex~pf
1006 taxa. and all subsequent years, restrictions, reaerv.tioDS, cov~t8,
e •• aments and rights-ot-way of record, if any.

Tho ElInlar .hall.nd will WARRANT AND FOREVIlR DIlPEND iIle ftboYC-bari,ined premises In Ihe quiel and peaceable pOSles,ion
or the r:nnlee. rus heirs.nd 4.uigns, against.U and overy pilno" or pCTionllawfuJly claiming the whole or any pari thereof. The singUlar
number ,haJl include the plur1al. the plural lhe iingular. and me use of Ill.y gendar shall be applicable tc:l all genders.
IN WITNESS WHEREOF, Ihe g/onlOt h.. execul<d Ch .. deed on lhe dlle ... forCh .bove,

ROBERT M. SATTLER BEVERLY K SATTLKR

SIR'. of CALIPORNIA ) !
lSI,
)
I
1/
The (oreao;", iNIIU""",,1 was Icknowledsed before me Ihi. J-ttl! day of OC--1o ~ Il • by
ROS.aT M. SATTLER AND BEVERLY K. SATTLER
\

I
My oorrvniui.on expire .. II/ocr SEEATrACHED
FOR SEAL

"'. No. 10D6lJIOJ SctwWt nUt 01 Cotrado, inC'. - CIInGn City Dlv~
No. 9llA WlIITUlly Ond (To lOin! TcnAl\II)
1In, 119O (yY11ANE"'1

STEWART TITLE
.:z{)~~:z, -;-YO!
 Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 14 of 19
RECEPTION#: 829070, 11/08/2006 at 02:15:21 PM, 2 OF 2, R $11.00 D $16 . 60
NORMA HATFIELD, FREMONT COUNTY, CO CLERK AND RECORDER

r~~:::O~";~~&~-'-"-~ . j",, '~CERTi~ii~~~;;~~i~~~g~~ ENT1

on_--.J)~QL~JlfJf:iL!jpV~_, before me, Gwgo~ ~~,~~~p,t AJotttzLJ r

personally appeared -.::~:.:...bc..:.1:!.t.,-,A---,-,-'~-'1.t-,-,tfk""-,Jt~Ir~lJf.L,t="fy=",,,~~~':':,!,~J..:'t-¥-¥""':~L.-'-~-'l."r.!..l.ft.!Lk..l.{,T(;-_ __

o personally known to me . or .
¥Jl proved to me on the basis of satisfactory evidence:
¥1 rorm~ of idenlificailon .Ja...
1J",-,~",L=-______________ __________ _ _
Cl credible witness(es)

to be the person@whosenamtG is/(j) sUbscri~ro the within i nstrum~and acknowledged t~

that he/~/~ executed the same in hls/herl el authorized capacit~ and that by his~r he
signatur 5 ~he instrument the persor@) or e entity upon behalf of which the perso't!,9 ae ,
executed e instrument.
WITNESS my hand and official seal.
GRE GORY t. Iffifll£
COMM, -1540J23
NOlary PU,bI,c . Cali lorn;' ~
Ri'.,slde OPJily , ~
¥ CorrIn, E¥pil!S Jan, r,m

- - - - - - - - - - - OPTIONAL INFORMATION - - - - - - - - - - -

A/ehough (he information in ih is ~e c rjon is not required by law, it CQuid prevenf fraudulent removal and reoHochmenr o( th is
acknowledgmen r ro an unourhorlzed documenr and may prove usefu l ro persons relying on rhe arrached documenr.

Description of Attached Documenr

T~ceding Ce,tiRcare of Acknowledgment is atta che 10 a document Addatlo" " .lnforrnOlltJon

~fo, Ihe purpose of _-.lL'!UI:~.:JI'OW:J.f---\...I..I/~J-_ __ _

o Addi~lon.ll Sl9n.r(s.) fp ~l9+mbpr1nt!)
[JOth"

containing -----.L.- pagel, and d31ed _ _..!.I-",cl+I-";).'-~!.A7,-o,-",,"-_ _

The signe' (I) capaciry or au rho,ity is/are dl :
rp rndividlJcs!'!P
o Anomty~n-f.ct
o (orporale Officer(,) _ _ _ __ _ __ =,.,-_______
nllf'{l)

o Guardian/Conserva,or
o Pa ftnel "ll mitec1.fGe1,cal
o 1"",,«,)
00,...",

,epresentl ng: "'h'..".."'..".''''''

- - --:""."= =,'~c::.,:-;[-:::"';::k'';;:'''''~''''~::-n'::-'"'',0:-,,::-,,"',,:"',,0':,••: - -- I,
...----- .-.'- ,- ,- -- -." . . ,~J

-------- ._-- - - -
Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 15 of 19

DATE FILED: rVlay 31, 2018 4:56 PM

FlUNG ID: 648036C9EEBOJ
CASE NUMBER: 2018CV30069

EXHIBIT 2
 Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 16 of 19

-- - ... ... ... . I \.'

. .I
' ~ ~. r,'"
' -, • ~ •.

.- - --f-

t ef I
-~- I-
... Ci .... . " i
~I
I

,.0'" .~
I f,

i
J .... ~ c 1. ~e ~ Ol . '-~ I ~r

. .\- t"c' ·", ee·

I

-
1,
III' Iii'
IJ<>"-l. l ,lPo,.~ J

PLAT ,,(

GOLDEN ACRE HOMESITES

Sees. 13, 14~ 2)Tr.f6N.R.12 E.NMPM
Frem Oftt CountY. Colo.
NeW. 7. 11f62. SCClIe I in.: 2oo(t
,. at ..... L.'.'~" __ ,.". 6.lrr.y&1",

bt:f",.c m_
PI",.,,.,,,,_
~ ~crrlTrr-'I
In, . ,." d
W I ll><

,."y,.

-n.i
t.tf..eF'
",., IS
ef r,-/i.
COW",)

I FlHNt

l; 5 lIt C.r. I'k "T<p.

151:'·lot
I t he
I ltD.,fe ~
HomeS"
d/~~
~
'~(

- 1-

~------------ ~~----------
Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 17 of 19

Ai. hIM ; . " -w.

,f-,-
f
,...? - . .. ...
"-
!!
.,
(,(t'

.; .

, . I:
\
I" ;'. I
!
\ O~ <-,
'1>'

.,

" ,.
1000
Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 18 of 19

DAT E FI LED: May 3 I, 2018 4:56 PM

FILING ID: 648036C9EE801
CASE NUMBER: 2018CVJ0069

EXHIBIT 3
 Case No. 1:18-cv-01710-KMT Document 4 filed 07/06/18 USDC Colorado pg 19 of 19

G(A(~
l~ f\'tL m\4::.S Of- y~\C f\-ThL
Co"3 W
(JJ)0 It{E ~AASI'& ~\\f=L I 1.A9:- TttfN\ l
--
l ftftf-. Att i-'0 EA;t::l~ CD -n-I£ bUtL
(i\J ~lS (t-c.;~(oD ~ T ~6W 1 I LDdtK teL
t=-\tt:J'(\oi'S\Gu~! rt-sS~e,t;S O~Hc...L.
YO\!.. CAN A-N~ Wl~ 16L ~ LL>m+

~\)A:6S\)J G-- \

I' l.--k- AA\)~ SttElC.--l r=+ ~ 'N\ ~t.tC-K~

~~ n--

-- - - - - - - - ------