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Home My WebLink About20061578.tiff 3 District Court, Broomfield County, Colorado, 17 DesCombes Drive Broomfield, CO 80020 303-441-3750 Petitioner: Broomfield Urban Renewal Authority v. Respondents: Northlands, LLC; Gail D. Kats, Trustee of the Margaret Kats Revocable Trust; Terril Koops, Personal Repre- Court Use Only sentative of the Estate of Aloise E. Ramker, aka Aloise Ramanker,Deceased; Gail D.Kats;Sam Kats and Betty J.Kats, Trustees of the Betty J. Kats Living Trust and the Sam Kats Living Trust;Children's Community Foundation,Trustee of The Sam Kats and Betty Kats Charitable Remainder Unitrust; Colorado Department of Transportation;Farmer's Reservoir and Irrigation Company;Weld County,Colorado;Denver Ten LLC; Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber; SOCO Wattenberg Corporation; Kerr-McGee Rocky Mountain Corporation; Vessels Coal Gas, Inc., dba Vessels Oil&Gas Company;Snyder Oil Corporation,nka Santa Fe Energy Resources, Inc.; EnCana Oil & Gas, Inc.(USA); EnCana Energy Resources, Inc.; Exco Resources, Inc.; Julie S. Harrington; Charles E. Wright; Roberta M. Wright; Century Stimulation and Engineering LLC; Chris Ann Borla; Colorado National Bank-Northeast,nka U.S.Bank National Association; Wells Fargo Bank, N.A,; Robert S. Calvert; Calvert 1986 Irrevocable Trust; LaSalle Bank, N.A.; Amoco Production Company,nka BP America Production Company;Colorado Gas Development, Ltd.; Endowment Energy Partners, LP; Mineral Resources, Inc.; Southwestern Eagle, L.L.C.; Mission Oil Corporation; FirsTier Bank; The Elizabeth N. Doores Trust; Margret L.Niven and Grant V.Niven,co-trustees of the Margret L. Niven Revocable Trust; Grant V. Niven and Margret L. Niven, co-trustees of the Grant V. Niven Revocable Trust; William E.Johnson,trustee of the Elda Mae Johnson Revocable Living Trust; Elda Mae Johnson; Elda Mae Johnson, personal representative of the Estate of George E. Johnson; MW Petro- leum Corporation; Vessels Gas Processing, Inc., aka Vessels Hydrocarbons, Inc.; MW Corporation; Basin Exploration, Inc.; JP Morgan Chase Bank, N.A.; Roxy Huber, Revenue Manager and Public Trustee for the City and County of Broomfield; and Any and All Unknown Parties. 1 (1 Ur Yti lti� tot�(a o 2006-1578 -(2-cLo ('< - CIA (c(, ) f�t; Mark E. May, Attorney for Petitioner Case No. 06CV 1 48 May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112-6839 Division: Phone: 720-529-1300 Fax: 720-529-4818 Registration No. 12049 E-mail: mmay@mayandassociates.com SUMMONS IN CONDEMNATION THE PEOPLE OF THE STATE OF COLORADO: To the above-named Respondents, GREETINGS: You are hereby summoned and required to file with the Clerk of this Court an answer or other response to the attached Petition in Condemnation. If service of the Summons and Petition in Condemnation was made upon you within the State of Colorado,you are required to file your answer or other response within 20 days after such service upon you. If service ofthe Summons and Petition in Condemnation was made upon you outside of the State of Colorado, you are required to file your answer or other response within 30 days after such service upon you. You are hereby notified that this is a special statutory proceeding brought pursuant to Section 38-1-101, et seq., C.R.S. This Summons is being issued pursuant to Section 38-1-103, C.R.S. Any objections concerning the legal sufficiency of the Petition in Condemnation or the regularity of this proceeding must be raised by you as provided by Section 38-1-109. C.R.S. If immediate possession is requested in the Petition in Condemnation, a hearing may be held thirty days after service of this Summons and Petition in Condemnation. At any immediate possession hearing,or pursuant to a Stipulation for Immediate Possession, the Court may authorize the Petitioner to take possession of and use the property described in the Petition in Condemnation pursuant to Section 38-1-105(6)(a), C.R.S. Subsequent thereto, a valuation trial will be scheduled. If you fail to appear and defend at said valuation trial,the Court,without further notice, shall cause the compensation to be determined and title vested in the petitioner according to law. Section 38-1-103, C.R.S. If this Summons does not contain the docket number of the civil action, then the Petition in Condemnation may not now be on file with the clerk of this court. The Petition in Condemnation must be filed within 10 days after the Summons is served, or the Court will be without jurisdiction to proceed further and the action will be deemed dismissed without prejudice and without further notice. Information from the court concerning this civil action may not be available until 10 days after the Summons is served. 2 This is an action in eminent domain as set forth in the Petition in Condemnation, a copy of which is attached hereto and made a part hereof, as well as a Notice of Lis Pendens and Civil Case Cover Sheet. Dated this 2`x'`1 day of May, 2006. Respectfully submitted, MAY AND ASSOCIATES, P.C. /1/111 Mark E. May(12049) Special Counsel to the Broomfield Urban Renewal Authority 3 District Court, Broomfield County, Colorado, (V6 VM14 1-74 17 DesCombes Drive Broomfield, CO 80020 303-441-3750 Petitioner: Broomfield Urban Renewal Authority v. Respondents: Northlands, LLC; Gail D. Kats, Trustee of the Margaret Kats Revocable Trust; Terril Koops, Personal Repre- Court Use Only sentative of the Estate of Aloise E. Ramker, aka Aloise Ramanker,Deceased; Gail D. Kats; Sam Kats and Betty J. Kats, Trustees of the Betty J. Kats Living Trust and the Sam Kats Living Trust;Children's Community Foundation,Trustee of The Sam Kats and Betty Kats Charitable Remainder Unitrust; Colorado Depai fluent of Transportation;Farmer's Reservoir and Irrigation Company;Weld County,Colorado;Denver Ten LLC; Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber; SOCO Wattenberg Corporation; Kerr-McGee Rocky Mountain Corporation; Vessels Coal Gas, Inc., dba Vessels Oil&Gas Company;Snyder Oil Corporation,nka Santa Fe Energy Resources, Inc.; EnCana Oil & Gas, Inc.(USA); EnCana Energy Resources, Inc.; Exco Resources, Inc.; Julie S. Harrington; Charles E. Wright; Roberta M. Wright; Century Stimulation and Engineering LLC; Chris Ann Borla; Colorado National Bank-Northeast,nka U.S.Bank National Association; Wells Fargo Bank, N.A,; Robert S. Calvert; Calvert 1986 Irrevocable Trust; LaSalle Bank, N.A.; Amoco Production Company,nka BP America Production Company;Colorado Gas Development, Ltd.; Endowment Energy Partners, LP; Mineral Resources, Inc.; Southwestern Eagle, L.L.C.; Mission Oil Corporation; FirsTier Bank; The Elizabeth N. Doores Trust; Margret L.Niven and Grant V.Niven,co-trustees of the Margret L. Niven Revocable Trust; Grant V. Niven and Margret L. Niven, co-trustees of the Grant V. Niven Revocable Trust; William E.Johnson,trustee of the Elda Mae Johnson Revocable Living Trust; Elda Mae Johnson; Elda Mae Johnson, personal representative of the Estate of George E. Johnson; MW Petro- leum Corporation; Vessels Gas Processing, Inc., aka Vessels Hydrocarbons, Inc.; MW Corporation; Basin Exploration, Inc.; JP Morgan Chase Bank, N.A.; Roxy Huber, Revenue Manager and Public Trustee for the City and County of Broomfield; and Any and All Unknown Parties. 1 Mark E. May, Attorney for Petitioner Case No. 06CV 1 48 May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112-6839 Division: A Phone: 720-529-1300 Fax: 720-529-4818 Registration No. 12049 E-mail: mmay@mayandassociates.com PETITION IN CONDEMNATION (with request for immediate possession) The Broomfield Urban Renewal Authority,Petitioner,by undersigned counsel,for its Petition in Condemnation, alleges as follows: 1. The Petitioner is a properly constituted urban renewal authority existing and organized under C.R.S.§ 31-25-101, et. seq. 2. Petitioner's authority to maintain this proceedings is set forth in C.R.S. §§ 31-25-101 et. seq., 38-1-101, et. seq. and 38-7-101 et. seq. 3. Petitioner has undertaken a project of urban renewal in full compliance with Colorado law. Said project has been approved by resolution of the Petitioner. Based upon said resolution,the Petitioner has determined and declared that the acquisition of the property interests described in Exhibit "A" ("Subject Property"), attached hereto is necessary, in the public interest, and in furtherance of the plan of urban renewal. It is, therefore, necessary that the Petitioner acquire the hereinafter described interests in real property for said public project. 4. The purposes for which the Subject Property described in Exhibit"A" is needed and is sought constitute a public purpose. 5. The Subject Property referred to herein and described in Exhibit"A" attached hereto is located in the county in which this action is brought. 6. Roxy Huber, Revenue Manager of Broomfield County in which the property to be acquired is located, is joined as a party Respondent herein pursuant to C.R.S. Section 39-3-134. 7. Roxy Huber, the Public Trustee of Broomfield County is named as a party Respondent due to her interest by virtue of the deeds of trust that encumber a portion of the Subject Property. 8. Northlands, LLC, is named as a party-Respondent since it may have an interest in a portion of the Subject Property as the purported owner of the property by virtue of a Warranty Deed dated February 18, 2005 and recorded February 25, 2005 at Reception No. 2005002388 and a Personal Representatives Deed dated February 10,2005,recorded February 25, 2005, at Reception No. 2005002387 in the records of the City and County of Broomfield, Colorado. 2 9. Gail D. Kats, Trustee of the Margaret Kats Revocable Trust, is named as a party- Respondent since the trust may have an interest in a portion of the Subject Property as a purported owner by virtue of a Warranty Deed dated February 22, 1980 and recorded February 29, 1980, at Reception No. 1818251 in the records of Weld County, Colorado. 10. Terril Koops,Personal Representative of the Estate of Aloise E. Ramker, aka Aloise Ramanker, Deceased, is named as a party-Respondent since the estate may have an interest in a portion of the Subject Property as a purported owner by virtue of a Warranty Deed dated February 22, 1980,and recorded February 29, 1980,at Reception No. 1818251 in the records of Weld County, Colorado. 11. Gail D. Kats is named as a party-Respondent since she may have an interest in the Subject Property as a purported owner of a portion of the Subject Property by virtue of a Warranty Deed dated February 22, 1980, and recorded February 29, 1980, at Reception No. 1818251 in the records of Weld County, Colorado, and as a possible owner as to Tract I.. 12. Sam Kats and Betty J. Kats, Trustees of the Betty J. Kats Living Trust and the Sam Kats Living Trust,are named as party-Respondents since the trusts may have an interest in a portion of the Subject Property as purported owners by virtue of a Warranty Deed dated February 22, 1980, and recorded February 29, 1980, at Reception No. 1818251 in the records of Weld County, Colorado. 13. Children's Community Foundation, Trustee of The Sam Kats and Betty Kats Charitable Remainder Unitrust, is named as a party-Respondent since the trust may have an interest in a portion of the Subject Property as a possible owner of a portion of the Subject Property by virtue of a Special Warranty Deed recorded March 27, 2003, at Reception No. 2003005656 and a Special Warranty Deed recorded March 27, 2003 at Reception No. 2003005658 in the records of the City and County of Broomfield, Colorado. 14. Colorado Department of Transportation is named as a party-Respondent,since it may have an interest in a portion of the Subject Property as a purported owner. Petitioner is taking subject to the interests of the Colorado Department of Transportation. 15. The Farmer's Reservoir and Irrigation Company, a Colorado corporation, is named as a party-Respondent, since it may have an interest in a portion of the Subject Property. 16. Weld County, Colorado, a quasi municipal corporation, is named as a party- Respondent, since it may have an interest in a portion of the Subject Property. 17. Denver Ten LLC, a Nevada limited liability company, is named as a party- Respondent, since it may have an interest in a portion of the Subject Property. 18. Henry Webber and Rachel Webber,aka Henry Weber and Rachel Weber,are named as party-Respondents, since they may have an interest in a portion of the Subject Property by virtue of a Deed dated January 14, 1939,recorded January 20, 1939,in book 1036 at page 492 at Reception No. 807410 in the records of Weld County, Colorado. 3 19. SOCO Wattenberg Corporation, a Delaware corporation, is named as a party- Respondent, since it may have an interest in a portion of the Subject Property as a purported lessee by virtue of an Assignment, Bill of Sale and Mineral Deed dated May 2, 1996, and recorded May 3, 1996, at Reception No. 2489237 in the records of Weld County, Colorado and subsequent reconveyance of that interest by Patina Oil & Gas Corporation. 20. Kerr-McGee Rocky Mountain Corporation, a Delaware corporation, is named as a party-Respondent, since it may have an interest in a portion of the Subject Property as a purported lessee. It may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986,at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of Weld County, Colorado. It may also have an interest in the Subject Property pursuant to an Affidavit of Production dated February 18, 2003, recorded February 24, 2003, at Reception No. 3034884 in the records of Weld County, Colorado. 21. Vessels Coal Gas, Inc., dba Vessels Oil & Gas Company, a Colorado corporation, is named as a party-Respondent, since it may have an interest in a portion of the Subject Property as a purported lessee pursuant to a lease recorded September 22, 1987, at Reception No. 2115128 in the records of Weld County, Colorado. It may also have an interest in a portion of the Subject Property by virtue of a Declaration of Utilization related to production of gas and associated hydrocarbons.from the J-Sand formation, dated December 6, 1985, and recorded February 6, 1986, at Reception No. 2042014, an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of Weld County, Colorado, as well as subsequent amendments thereto; an Affidavit of Production recorded February 27, 1986, at Reception No. 2044458 and amended by the Amendment to Production Affidavit recorded December 15, 1995, at Reception No. 2467781; an Assignment, Conveyance and Bill of Sale dated effective December 1, 1992, and recorded January 4, 1993, at Reception No. 2316697; and an Override Assignment dated as of December 29, 1994, and recorded January 4, 1995, at Reception No. 2421403 in the records of Weld County, Colorado. Vessels Oil and Gas Company may also have an interest in a portion of the Subject Property pursuant to an Assignment of Oil and Gas Lease dated June 12, 1985, and recorded June 26, 1985, at Reception No. 2014800,an Assignment of Oil and Gas Leases acknowledged July 28, 1993, and recorded September 16, 1993, at Reception No. 2350656 and an Assignment of Oil and Gas Lease dated October 23, 1985, and recorded November 8, 1985, at Reception No. 2031587 in the records of Weld County, Colorado. 22. Snyder Oil Corporation, nka Santa Fe Energy Resources, Inc., a Delaware corporation,is named as a party-Respondent,since it may have an interest in a portion ofthe Subject Property as a possible lessee pursuant to a lease dated January 2, 1992, and recorded February 7, 1992, at Reception No. 2277600 in the records of Weld County Colorado. 23. EnCana Oil & Gas, Inc.(USA), a Delaware corporation, is named as a party- Respondent, since it may have an interest in a portion of the Subject Property as a purported lessee based upon records of the Colorado Oil and Gas Conservation Commission indicating operation of the Kats "B" Unit No. 1 Well. 4 24. EnCana Energy Resources, Inc., a Montana Corporation, is named as a party- Respondent, since it may have an interest in the Subject Property as a purported lessee. It may also have an interest in the Subject Property by virtue of its ownership of an oil and gas pipeline Right-of- Way across the Standley Ditch, originally granted to Vessels Oil&Gas Company, dated March 17, 1986,and recorded June 23, 1986,at Reception No. 2058160,as well as another oil and gas pipeline Right-of-Way across Tract I originally granted to Vessels Oil & Gas Company, dated March 15, 1986, and recorded March 31, 1986, at Reception No. 2048200 in the records of Weld County, Colorado. EnCana Energy Resources,Inc.may also have an interest in the Subject Property pursuant to an Assignment,Bill of Sale and Conveyance to North American Resources Company,a Montana corporation, dated effective December 1, 1997, and recorded January 23, 1998, at Reception No. 2590514 in the records of Weld County, Colorado. North American Resources Company later became EnCana Energy Resources,Inc. These leases were extended beyond their primary terms by Affidavit of Production and Extension of Leases dated December 8, 1998, and recorded December 17,1998, at Reception No. 2661137 in the records of Weld County, Colorado. It also owns gas gathering and processing facilities serving well(s) located on the Subject Property that may be acquired or relocated. 25. Exco Resources, Inc., a Texas corporation, is named as a party-Respondent, since it may have an interest in a portion of the Subject Property as a purported lessee by virtue of a Conveyance, Assignment and Bill of Sale effective October 1, 2002, and recorded November 15, 2002, at Reception No. 3005867 of the records of Weld County, Colorado. Exco Resources, Inc., a Texas corporation, is named as a party-Respondent, since it may have an interest in a portion of the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985 and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 26. Julie S. Harrington is named as a party-Respondent, since she may have an interest in a portion of the Subject Property as the owner of a royalty interest in the mineral rights pursuant to an Assignment of Oil and Gas Lease dated effective May 28, 1985, and recorded June 28, 1985, at Reception No. 2015136, an Assignment of Oil and Gas Lease dated effective May 28, 1985 and recorded June 28, 1985, at Reception No. 2015137 and an Assignment of Oil and Gas Lease dated August 19, 1985, and recorded August 19, 1985, at Reception No. 2021227 in the records of Weld County, Colorado. 27. Charles E. Wright is named as a party-Respondent, since he may have an interest in a portion of the Subject Property as the owner of a royalty interest in the mineral rights pursuant to an Assignment of Oil and Gas Lease dated effective August 31, 1984, and recorded March 8, 1985, at Reception No. 2001286 in the records of the City and County of Broomfield, Colorado, and an Assignment of Overriding Royalty Interest dated December 10, 1985, and recorded January 31, 1986, at Reception No. 2041307 in the records of Weld County, Colorado. 28. Roberta M. Wright is named as a party-Respondent, since she may have an interest in a portion of the Subject Property as the owner of a royalty interest in the mineral rights pursuant to an Assignment of Oil and Gas Lease dated effective August 31, 1984, and recorded March 8, 1985,at Reception No.2001286 in the records of the City and County of Broomfield, Colorado,and 5 an Assignment of Overriding Royalty Interest dated December 10, 1985, and recorded January 31, 1986, at Reception No. 2041307 in the records of Weld County, Colorado. 29. Century Stimulation and Engineering LLC, is named as a party-Respondent, since it may have an interest in a portion of the Subject Property as the owner of a royalty interest in the mineral rights. 30. Chris Ann Borla is named as a party-Respondent, since she may have an interest in a portion of the Subject Property as the owner of a royalty interest in the mineral rights pursuant to an Assignment of Oil and Gas Lease dated effective August 31, 1984, and recorded March 8, 1985, at Reception No. 2001286 and an Assignment of Overriding Royalty Interest dated December 10, 1985, and recorded January 31, 1986, at Reception No. 2041306 in the records of Weld County, Colorado. 31. Colorado National Bank-Northeast,nka U.S. Bank National Association, a foreign corporation,is named as a party-Respondent,since it may have an interest in a portion of the Subject Property by virtue of a Deed of Trust,dated July 16, 1987, and recorded July 24, 1987,at Reception No. 2108208 and an Assignment of Rents dated July 16, 1987, and recorded July 24, 1987, in the records of Weld County, Colorado. 32. Wells Fargo Bank,N.A,a foreign corporation,is named as a party-Respondent,since it may have an interest in a portion of the Subject Property by virtue of an Open End Mortgage,Deed of Trust,Security Agreement,Financing Statement and Assignment of Production,dated November 13, 1992, and recorded February 26, 1993, at Reception No. 2323194, as well as a Financing Statement covering wellhead equipment, severed hydrocarbons and fixtures located in a portion of the Subject Property filed February 26, 1993, at Reception No. 2323195 in the records of Weld County, Colorado. 33. Robert S. Calvert and Calvert 1986 Irrevocable Trust are named as party- Respondents,since they may have an interest in a portion of the Subject Property by virtue of a Deed of Trust dated September 15, 2000, and recorded September 18, 2000, at Reception No. 2794350 in the records of Weld County, Colorado. 34. LaSalle Bank,N.A. is named as a party-Respondent, since it may have an interest in a portion of the Subject Property by virtue of a Deed of Trust dated February 18, 2005, and recorded February 25, 2005, at Reception No. 2005002389, as well as a Financing Statement filed February 25, 2005, at Reception No. 2005002390 in the records of the City and County of Broomfield, Colorado. 35. Amoco Production Company,nka BP America Production Company, is named as a party-Respondent, since it may have an interest in the Subject Property by virtue of a Segregation Agreement recorded October 1, 1996, at Reception No. 2513401 in the records of Weld County, Colorado. It may also have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No.02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 6 36. Colorado Gas Development,Ltd.,a Colorado limited partnership,is named as a party- Respondent, since it may have an interest in a portion of the Subject Property by virtue of an Assignment of Oil and Gas Leases dated effective August 1, 1985, and recorded April 1, 1987, at Reception No. 2094128 and an Assignment of Oil and Gas Lease dated October 15, 1987, and recorded November 6, 1987, at Reception No. 2120301 in the records of Weld County, Colorado. It may also have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 37. Endowment Energy Partners,LP,a Delaware limited partnership,is named as a party- Respondent, since it may have an interest in a portion of the Subject Property by virtue of an Assignment of Overriding Royalty Interest effective January 28, 1991, and recorded January 31, 1991, at Reception No. 2240135 in the records of Weld County, Colorado. It may also have an interest in the Subject Property pursuant to a Declaration ofUnitization dated December 6, 1985,and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 38. Mineral Resources, Inc., a Colorado corporation, is named as a party-Respondent, since it may have an interest in a portion of the Subject Property by virtue of an Assignment and Bill of Sale dated effective July 1, 1998, and recorded July 17, 1998, at Reception No. 2627994, and an Assignment and Bill of Sale dated effective July 1, 1998, and recorded July 23, 1998, at Reception No. 2627995 in the records of Weld County, Colorado. 39. Southwestern Eagle, L.L.C. , a Louisiana limited liability company, is named as a party-Respondent, since it may have an interest in the Subject Property by virtue of an Assignment and Bill of Sale dated effective February 1, 2000, and recorded March 13, 2000, at Reception No. 2755009,and an Assignment and Bill of Sale dated effective February 1,2000,and recorded August 20, 2000, at Reception No. 2756402 in the records of Weld County, Colorado. 40. Mission Oil Corporation, a dissolved Colorado corporation, is named as a party- Respondent, since it may have an interest in a portion of the Subject Property as a purported lessee pursuant to a lease recorded July 30, 1985,at Reception No.2018974 in the records of Weld County, Colorado. 41. FirsTier Bank,a Colorado corporation,is named as a party-Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985 and recorded February 6, 1986,at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 42. The Elizabeth N. Doores Trust is named as a party-Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of 7 Unitization dated December 8, 1992, and recorded December 21, 1992 at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 43. Margret L.Niven and Grant V.Niven,co-trustees of the Margret L.Niven Revocable Trust,are named as a party-Respondents,since the trust may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 44. Grant V. Niven and Margret L. Niven, co-trustees of the Grant V. Niven Revocable Trust,are named as a party-Respondents,since the trust may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992; at Reception No. 02315363 in the records of City and County of Broomfield, Colorado. 45. William E. Johnson, trustee of the Elda Mae Johnson Revocable Living Trust, is named as a party-Respondent since the trust may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No., 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 46. Elda Mae Johnson,individually,is named as a party-Respondent,since she may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992,and recorded December 21, 1992,at Reception No.02315363 in the records of the City and County of Broomfield, Colorado. 47. Elda Mae Johnson, personal representative of the Estate of George E. Johnson, is named as a party-Respondent since the estate may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 48. MW Petroleum Corporation is named as a party-Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985 and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 49. Vessels Gas Processing,Inc., aka Vessels Hydrocarbons, Inc., a dissolved Colorado corporation, is named as a party-Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, 8 at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 50. MW Corporation, a Delaware corporation, is named as a party-Respondent, since it may have an interest in the Subject Property pursuant to a Declaration ofUnitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992,and recorded December 21, 1992,at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 51. Basin Exploration, Inc., a Delaware corporation, is named as a party-Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986,at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 52. JP Morgan Chase Bank,N.A. is named as a party-Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992,at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 53. All unknown parties who may claim an interest in the Subject Property are named as Respondents because Petitioner believes that there may be others,unknown to Petitioner, who may claim an interest in the Subject Property. 54. The compensation to be paid for the property rights sought herein or the method of payment therefore cannot be agreed upon by the interested parties. 55. The Respondents have a duty to take such reasonable steps under the circumstances as will minimize their damages, if any. Any damage resulting from a failure to take such reasonable steps cannot be recovered. 56. Petitioner believes that this action does not affect the property of any persons under guardianship or conservatorship. 57. Good faith negotiations have occurred between the Petitioner and the relevant Respondents without reaching an agreement as to the value of the property sought to be acquired. 58. Petitioner needs immediate possession of the Subject Property during the pendency of and until the final conclusion of these proceedings. WHEREFORE, Petitioner prays: 9 1. That the compensation to be paid to the Respondents be determined in the manner provided by law. 2. That, if the ownerships or interests in the Subject Property are not herein correctly set forth, each of the named Respondents be required to set forth by answer, the extent of his, her, its, or their respective interests, and the names of any other interested persons or entities and the nature and extent of their interest. 3. That pursuant to § 38-1-105 C.R.S., the Court determine the proper deposit to be made by the Petitioner with the Court for the taking of possession of the property involved herein, and to enter an order authorizing the Petitioner, and its contractors, agents, servants and employees to enter, take, possess and use said property, together with the right to make cuts and fills thereon, demolish improvements as necessary and in any manner change the shape or configuration of the property, and to take and use therefrom and add thereto any and all earth, stone, gravel, timber or other necessary construction material for construction and maintenance purposes during the pendency of this proceeding, without interference from the Respondents or any of them, or their successors, assigns, heirs, devisees, personal representatives, guests, or invitees, or any person or persons claiming, by, through or under said Respondent, or any of them. 4. That the Petitioner have judgment condemning the property described herein above in fee simple absolute upon payment of just compensation to the Respondents or other parties in interest as provided by law, and for a Rule and Order conveying said property to the Petitioner. 5. For such other and further relief as the Court deems proper. Dated this 24th day of May, 2006 Respectfully submitted, MAY AND ASSOCIATES, P.C. M . 0/1/G Mark E. May(12049) Special Counsel to the Broomfield Urban Renewal Authority Address of Petitioner Broomfield Urban Renewal Authority One DesCombes Drive Broomfield, CO 80020-2495 10 Exhibit A All rights of mineral lessees and mineral owners to use, occupy, possess, enter upon, or to install, construct or maintain improvements upon the surface of the Southeast Quartersection of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado, or to conduct any operations for the exploration, extraction, treatment, processing, transportation or marketing from or upon the surface of the described property (Mineral Surface Rights); all existing or reversionary rights of any Royalty Owners (whether pooled or not) to use, occupy, possess, enter upon, or to install, construct or maintain improvements upon the surface of the Southeast, Quartersection of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado, or to conduct any operations for the exploration, extraction, treatment, processing, transportation or marketing from or upon the surface of the described property; the wellbores for the Kats B Unit 1 Well, located in the Southeast Quarter of Section 34, Township 1 North, Range 68 West, 6`h P.M., Broomfield County, Colorado; and, the K & R Livestock #1 Well, located in the Southeast Quarter of Section 34, Township 1 North, Range 68 West, 6'h P.M., Broomfield County, Colorado; all non- salvageable surface or subsurface improvements, fixtures, pipelines or other facilities presently located in, on or under the described property utilized in conjunction with the referenced Wellbores or by lessees or royalty owners to the extent said improvements, fixtures or pipelines are not relocated by Petitioner. District Court, Broomfield County, Colorado, 17 DesCombes Drive Broomfield, CO 80020 303-441-3750 Petitioner: Broomfield Urban Renewal Authority v. Respondents: Northlands, LLC; Gail D. Kats, Trustee of the Margaret Kats Revocable Trust; Terril Koops, Personal Repre- Court Use Only sentative of the Estate of Aloise E. Ramker, aka Aloise Ramanker,Deceased;Gail D.Kats;Sam Kats and Betty J.Kats, Trustees of the Betty J. Kats Living Trust and the Sam Kats Living Trust;Children's Community Foundation,Trustee of The Sam Kats and Betty Kats Charitable Remainder Unitrust; Colorado Department of Transportation;Farmer's Reservoir and Irrigation Company;Weld County,Colorado;Denver Ten LLC; Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber; SOCO Wattenberg Corporation; Kerr-McGee Rocky Mountain Corporation; Vessels Coal Gas, Inc., dba • Vessels Oil&Gas Company;Snyder Oil Corporation,nka Santa Fe Energy Resources, Inc.; EnCana Oil & Gas, Inc.(USA); EnCana Energy Resources, Inc.; Exco Resources, Inc.; Julie S. Harrington; Charles E. Wright; Roberta M. Wright; Century Stimulation and Engineering LLC; Chris Ann Borla; Colorado National Bank-Northeast,nkaU.S.Bank National Association; Wells Fargo Bank, N.A,; Robert S. Calvert; Calvert 1986 Irrevocable Trust; LaSalle Bank, N.A.; Amoco Production Company,nka BP America Production Company;Colorado Gas Development, Ltd.; Endowment Energy Partners, LP; Mineral Resources, Inc.; Southwestern Eagle, L.L.C.; Mission Oil Corporation; FirsTier Bank; The Elizabeth N. Doores Trust; Margret L.Niven and Grant V.Niven,co-trustees ofthe Margret L. Niven Revocable Trust; Grant V. Niven and Margret L. Niven, co-trustees of the Grant V. Niven Revocable Trust; William E.Johnson,trustee ofthe Elda Mae Johnson Revocable Living Trust; Elda Mae Johnson; Elda Mae Johnson, personal representative of the Estate of George E. Johnson; MW Petro- leum Corporation; Vessels Gas Processing, Inc., aka Vessels Hydrocarbons, Inc.; MW Corporation; Basin Exploration, Inc.; JP Morgan Chase Bank, N.A.; Roxy Huber, Revenue Manager and Public Trustee for the City and County of Broomfield; and Any and All Unknown Parties. 1 Mark E. May, Attorney for Petitioner Case No. May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112-6839 Division: Phone: 720-529-1300 Fax: 720-529-4818 Registration No. 12049 E-mail: mmay@mayandassociates.com DISTRICT COURT CIVIL(CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT, COUNTERCLAIM, CROSS-CLAIM OR THIRD PARTY COMPLAINT 1. This cover sheet shall be filed with the initial pleading of a complaint,counterclaim, cross-claim or third party complaint in every district court civil (CV) case. It shall not be filed in Domestic Relations (DR), Probate (PR), Water(CW), Juvenile (JA, JR, JD, JV), or Mental Health (MH) cases. 2. Check the boxes applicable to this case. ❑ Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party does not seek a monetary judgment in excess of$100,000.00 against another party, including any attorney fees, penalties or punitive damages but excluding interest and costs and because this case is not a class action or forcible entry and detainer, Rule 106, Rule 120, or other expedited proceedings. ® Simplified Procedure under C.R.C.P. 16.1 does not apply to this case because(check on box below identifying why 16.1 does not apply). ® This is a class action or forcible entry and detainer, Rule 106, Rule 120, or other similar expedited proceeding, or ❑ This party is seeking a monetary judgment for more than $100,000.00 against another party, including any attorney fees,penalties or punitive damages,but excluding interest and costs (see C.R.C.P. 16.1(c)). ❑ Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does not apply to this case. 3. O This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P. 38. (Checking this box is optional). 2 Dated this 24th day of May, 2006. Respectfully submitted, MAY AND ASSOCIATES, P.C. An/.6) 5 Off Mark E. May (12049) Attorney for The Broom field Urban Renewal Authority 3 District Court, Broomfield County, Colorado, 17 DesCombes Drive Broomfield, CO 80020 303-441-3750 Petitioner: Broomfield Urban Renewal Authority v. Respondents: Northlands, LLC; Gail D. Kats, Trustee of the Margaret Kats Revocable Trust; Terril Koops, Personal Repre- Court Use Only sentative of the Estate of Aloise E. Ramker, aka Aloise Ramanker,Deceased;Gail D.Kats; Sam Kats and Betty J.Kats, Trustees of the Betty J. Kats Living Trust and the Sam Kats Living Trust;Children's Community Foundation,Trustee of The Sam Kats and Betty Kats Charitable Remainder Unitrust; Colorado Department of Transportation;Farmer's Reservoir and Irrigation Company;Weld County,Colorado;Denver Ten LLC; Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber; SOCO Wattenberg Corporation; Kerr-McGee Rocky Mountain Corporation; Vessels Coal Gas, Inc., dba Vessels Oil&Gas Company;Snyder Oil Corporation,nka Santa Fe Energy Resources, Inc.; EnCana Oil & Gas, Inc.(USA); EnCana Energy Resources, Inc.; Exco Resources, Inc.; Julie S. Harrington; Charles E. Wright; Roberta M. Wright; Century Stimulation and Engineering LLC; Chris Ann Borla; Colorado National Bank-Northeast,nka U.S.Bank National Association; Wells Fargo Bank, N.A,; Robert S. Calvert; Calvert 1986 Irrevocable Trust; LaSalle Bank, N.A.; Amoco Production Company,nka BP America Production Company;Colorado Gas Development, Ltd.; Endowment Energy Partners, LP; Mineral Resources, Inc.; Southwestern Eagle, L.L.C.; Mission Oil Corporation; FirsTier Bank; The Elizabeth N. Doores Trust; Margret L.Niven and Grant V.Niven,co-trustees ofthe Margret L. Niven Revocable Trust; Grant V. Niven and Margret L. Niven, co-trustees of the Grant V. Niven Revocable Trust; William E.Johnson,trustee ofthe Elda Mae Johnson Revocable Living Trust; Elda Mae Johnson; Elda Mae Johnson, personal representative of the Estate of George E. Johnson; MW Petro- leum Corporation; Vessels Gas Processing, Inc., aka Vessels Hydrocarbons, Inc.; MW Corporation; Basin Exploration, Inc.; JP Morgan Chase Bank, N.A.; Roxy Huber, Revenue Manager and Public Trustee for the City and County of Broomfield; and Any and All Unknown Parties. 1 Mark E. May, Attorney for Petitioner Case No.0 6CV1 48 May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112-6839 Division: A Phone: 720-529-1300 Fax: 720-529-4818 Registration No. 12049 E-mail: mmay@mayandassociates.com NOTICE OF LIS PENDENS TAKE NOTICE, that on May 24, 2006, the Broomfield Urban Renewal Authority, commenced an action in the 1 7th Judicial District Court for Broomfield County, State of Colorado, being Civil Action No. 06CV148 , Division A , in that Court, against the Respondents set forth in the caption above. The said action is an eminent domain action brought by the Petitioner to condemn interests in real property, improvements and appurtenances thereon, and other interests therein owned of record, or otherwise, by said Respondents, in the County of Broomfield, State of Colorado, said lands and appurtenances affected thereby being more particularly described as set forth on the attached Exhibit A, which is incorporated herein by reference. • Dated this day of May, 2006. Respectfully submitted, MAY AND ASSOCIATES, P.C. Mik-a n4( Mark E. May(12049) Special Counsel to the Broomfield Urban Renewal Authority 2 Exhibit A All rights of mineral lessees and mineral owners to use, occupy, possess, enter upon, or to install, construct or maintain improvements upon the surface of the Southeast Quartersection of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado, or to conduct any operations for the exploration, extraction, treatment, processing, transportation or marketing from or upon the surface of the described property (Mineral Surface Rights); all existing or reversionary rights of any Royalty Owners (whether pooled or not) to use, occupy, possess, enter upon, or to install, construct or maintain improvements upon the surface of the Southeast, Quartersection of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado, or to conduct any operations for the exploration, extraction, treatment, processing, transportation or marketing from or upon the surface of the described property; the wellbores for: the Kats B Unit 1 Well, located in the Southeast Quarter of Section 34, Township 1 North, Range 68 West, 6`h P.M., Broomfield County, Colorado; and, the K & R Livestock #1 Well, located in the Southeast Quarter of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado; all non- salvageable surface or subsurface improvements, fixtures, pipelines or other facilities presently located in, on or under the described property utilized in conjunction with the referenced Wellbores or by lessees or royalty owners to the extent said improvements, fixtures or pipelines are not relocated by Petitioner. District Court, Broomfield County, Colorado, 17 DesCombes Drive Broomfield, CO 80020 303-441-3750 Petitioner: Broomfield Urban Renewal Authority v. Respondents: Northlands, LLC; Gail D. Kats, Trustee of the Margaret Kats Revocable Trust; Terril Koops, Personal Repre- Court Use Only sentative of the Estate of Aloise E. Ramker, aka Aloise Ramanker,Deceased; Gail D.Kats; Sam Kats and Betty J.Kats, Trustees of the Betty J. Kats Living Trust and the Sam Kats Living Trust;Children's Community Foundation,Trustee of The Sam Kats and Betty Kats Charitable Remainder Unitrust; Colorado Department of Transportation;Farmer's Reservoir and Irrigation Company;Weld County,Colorado;Denver Ten LLC; Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber; SOCO Wattenberg Corporation; Kerr-McGee Rocky Mountain Corporation; Vessels Coal Gas, Inc., dba Vessels Oil&Gas Company;Snyder Oil Corporation,nka Santa • Fe Energy Resources, Inc.; EnCana Oil & Gas, Inc.(USA); EnCana Energy Resources, Inc.; Exco Resources, Inc.; Julie S. Harrington; Charles E. Wright; Roberta M. Wright; Century Stimulation and Engineering LLC; Chris Ann Borla; Colorado National Bank-Northeast,nka U.S.Bank National Association; Wells Fargo Bank, N.A,; Robert S. Calvert; Calvert 1986 Irrevocable Trust; LaSalle Bank, N.A.; Amoco Production Company,nka BP America Production Company;Colorado Gas Development, Ltd.; Endowment Energy Partners, LP; Mineral Resources, Inc.; Southwestern Eagle, L.L.C.; Mission Oil Corporation; FirsTier Bank; The Elizabeth N. Doores Trust; Margret L.Niven and Grant V.Niven,co-trustees of the Margret L. Niven Revocable Trust; Grant V. Niven and Margret L. Niven, co-trustees of the Grant V. Niven Revocable Trust; William E.Johnson,trustee of the Elda Mae Johnson Revocable Living Trust; Elda Mae Johnson; Elda Mae Johnson, personal representative of the Estate of George E. Johnson; MW Petro- leum Corporation; Vessels Gas Processing, Inc., aka Vessels Hydrocarbons, Inc.; MW Corporation; Basin Exploration, Inc.; JP Morgan Chase Bank, N.A.; Roxy Huber, Revenue Manager and Public Trustee for the City and County of Broomfield; and Any and All Unknown Parties. 1 Mark E. May, Attorney for Petitioner Case No. 06CV1 48 May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112-6839 Division: A Phone: 720-529-1300 Fax: 720-529-4818 Registration No. 12049 E-mail: mmay@mayandassociates.com MOTION FOR IMMEDIATE POSSESSION COMES NOW the Petitioner,above named,by undersigned counsel, and requests the Court to hold a hearing on Immediate Possession and thereafter enter an Order of Immediate Possession for the property to be acquired by Petitioner that is described in the Petition in Condemnation("the Property"). As grounds for said Motion, the Petitioner states as follows: 1. Pursuant to C.R.S. §§38-1-105(6)(a)and 43-1-210(3),Petitioner is entitled to obtain immediate possession of the Property. "At any stage of such new proceedings... the court, by rule in that behalf made, may authorize the petitioner ... to take possession of and use, said premises during the pendency and until the final conclusion of such proceedings... if such petitioner pays a sufficient sum into court, or to the clerk thereof, to pay the compensation in that behalf when ascertained." C.R.S. § 38-1-105(6)(a) 2. Pursuant to C.R.S. § 38-1-105(6)(c), as amended, Petitioner may take possession of the Property 30 days after service or acceptance of service of the Petition in Condemnation or earlier upon consent of the Respondents. 3. Petitioner alleged in its Petition in Condemnation that it needs immediate possession of the property described in that Petition. Petitioner intends to offer competent evidence at the hearing that an immediate and real need to acquire immediate possession of that property exists so that there is no needless disturbance of the Respondents'possessory rights. Swift v. Smith,201 P.2d 609, 614 (Colo. 1948). 4. The Petitioner has conducted good faith negotiations for acquisition of the Property. Said good faith negotiations have failed and further negotiations would be futile. WHEREFORE,the Petitioner prays that this Court hold a hearing for Immediate Possession and further request this Court to enter an Order of Immediate Possession in the Petitioner's favor for the possession of the property described in the Petition in Condemnation which Order sets forth the amount of deposit necessary for possession together with such further relief as may be deemed appropriate by this Court. 2 Dated this df-tlei day of May, 2006. Respectfully submitted, MAY AND ASSOCIATES, P.C. Mark E. May(12049) Special Counsel to the Broomfield Urban Renewal Authority 3 District Court, Adams County, Colorado, Adams County Combined Court 1100 Judicial Center Drive, Brighton, CO 80601 (303) 659-1161 PETITIONER: Broomfield Urban Renewal Authority v. RESPONDENTS: The Farmer's Reservoir and Irrigation Company; Colorado Depaitinent of Transportation; Huron and I-25 Land,LLC;EnCana Oil&Gas,Inc.(USA);EnCana Energy Court Use Only Resources, Inc.; FirsTier Bank; Vessels Coal Gas, Inc., dba Vessels Oil & Gas Company; The Elizabeth N. Doores Trust; Margret L. Niven and Grant V. Niven, Co-Trustees of the Margret L.Niven Revocable Trust;Grant V.Niven and Margret L. Niven, Co-Trustees of the Grant V. Niven Revocable Trust; William E. Johnson, Trustee of the Elda Mae Johnson Revoca- ble Living Trust;MW Corporation aka MW Petroleum Corpora- tion;Amoco Production Company,nka BP America Production Company; Kerr-McGee Rocky Mountain Corporation; Basin Exploration, Inc.; JP Morgan Chase Bank, N.A.; Northlands Colorado,LLC;Julie S.Harrington;Charles E.Wright;Roberta M. Wright; Century Stimulation and Engineering, LLC; Chris Ann Borla; Exco Resources, Inc.; Gail D. Kats, Trustee of The Margaret Kats Revocable Trust; Terril Koops, Personal Repre- sentative of the Estate of Aloise E. Ramaker aka Aloise Ramanker,Deceased;Gail D. Kats; Sam Kats and Betty J.Kats, Trustees of The Betty J. Kats Living Trust and The Sam Kats Living Trust; SOCO Wattenberg Corporation; Weld County, Colorado;Denver Ten LLC;Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber; Snyder Oil Corporation, nka Santa Fe Energy Resources, Inc.; Wells Fargo Bank, N.A.; Robert S. Calvert; The Calvert 1986 Irrevocable Trust; LaSalle Bank,N.A.; Roxy Huber,Revenue Manager and Public Trustee for the City and County of Broomfield; Any and All Unknown Parties Mark E. May, Attorney for Petitioner Case No.2006CV1 49 May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112-6839 Division: A Phone: 720-529-1300 Fax: 720-529-4818 Registration No. 12049 E-mail: mmay@mayandassociates.com SUMMONS IN CONDEMNATION 1 THE PEOPLE OF THE STATE OF COLORADO: To the above-named Respondents, GREETINGS: You are hereby summoned and required to file with the Clerk of this Court an answer or other response to the attached Petition in Condemnation. If service of the Summons and Petition in Condemnation was made upon you within the State of Colorado,you are required to file your answer or other response within 20 days after such service upon you. If service of the Summons and Petition in Condemnation was made upon you outside of the State of Colorado, you are required to file your answer or other response within 30 days after such service upon you. You are hereby notified that this is a special statutory proceeding brought pursuant to Section 38-1-101, et seq., C.R.S. This Summons is being issued pursuant to Section 38-1-103, C.R.S. Any objections concerning the legal sufficiency of the Petition in Condemnation or the regularity of this proceeding must be raised by you as provided by Section 38-1-109. C.R.S. If immediate possession is requested in the Petition in Condemnation, a hearing may be held thirty days after service of this Summons and Petition in Condemnation. At any immediate possession hearing,or pursuant to a Stipulation for Immediate Possession,the Court may authorize the Petitioner to take possession of and use the property described in the Petition in Condemnation pursuant to Section 38-1-105(6)(a), C.R.S. Subsequent thereto, a valuation trial will be scheduled. If you fail to appear and defend at said valuation trial,the Court,without further notice,shall cause the compensation to be determined and title vested in the petitioner according to law. Section 38-1-103, C.R.S. If this Summons does not contain the docket number of the civil action, then the Petition in Condemnation may not now be on file with the clerk of this court. The Petition in Condemnation must be filed within 10 days after the Summons is served, or the Court will be without jurisdiction to proceed further and the action will be deemed dismissed without prejudice and without further notice. Information from the court concerning this civil action may not be available until 10 days after the Summons is served. This is an action in eminent domain as set forth in the Petition in Condemnation, a copy of which is attached hereto and made a part hereof, as well as a Notice of Lis Pendens and Civil Case Cover Sheet. 2 Dated this 1O day of May, 2006. Respectfully submitted, MAY AND ASSOCIATES, P.C. /1/1144 Mark E. May(12049) Special Counsel to the Broomfield Urban Renewal Authority 3 District Court, Broomfield County, Colorado, 17 DesCombes Drive Broomfield, CO 80020 303-441-3750 PETITIONER: Broomfield Urban Renewal Authority v. RESPONDENTS: The Farmer's Reservoir and Irrigation Company; Colorado Department of Transportation; Huron and I-25 Land,LLC;EnCana Oil&Gas,Inc.(USA);EnCana Energy Court Use Only Resources, Inc.; FirsTier Bank; Vessels Coal Gas, Inc., dba Vessels Oil & Gas Company; The Elizabeth N. Doores Trust; Margret L. Niven and Grant V. Niven, Co-Trustees of the Margret L.Niven Revocable Trust;Grant V.Niven and Margret L. Niven, Co-Trustees of the Grant V. Niven Revocable Trust; William E. Johnson, Trustee of the Elda Mae Johnson Revoca- ble Living Trust;MW Corporation aka MW Petroleum Corpora- tion;Amoco Production Company,nka BP America Production Company; Ken-McGee Rocky Mountain Corporation; Basin Exploration, Inc.; JP Morgan Chase Bank, N.A.; Northlands Colorado,LLC;Julie S.Harrington;Charles E.Wright;Roberta M. Wright; Century Stimulation and Engineering, LLC; Chris Ann Borla; Exco Resources, Inc.; Gail D. Kats, Trustee of The Margaret Kats Revocable Trust; Terril Koops, Personal Repre- sentative of the Estate of Aloise E. Ramaker aka Aloise Ramanker,Deceased;Gail D.Kats; Sam Kats and Betty J.Kats, Trustees of The Betty J. Kats Living Trust and The Sam Kats Living Trust; SOCO Wattenberg Corporation; Weld County, Colorado;Denver Ten LLC;Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber; Snyder Oil Corporation, nka Santa Fe Energy Resources, Inc.; Wells Fargo Bank, N.A.; Robert S. Calvert; The Calvert 1986 Irrevocable Trust; LaSalle Bank,N.A.;Roxy Huber,Revenue Manager and Public Trustee for the City and County of Broomfield; Any and All Unknown Parties Mark E. May, Attorney for Petitioner Case No.2 0 0 6 CV 1 49 May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112-6839 Division: A Phone: 720-529-1300 Fax: 720-529-4818 Registration No. 12049 E-mail: mmay@mayandassociates.com PETITION IN CONDEMNATION (with request for immediate possession) 1 The Broomfield Urban Renewal Authority,Petitioner,by undersigned counsel,for its Petition in Condemnation, alleges as follows: 1. The Petitioner is a properly constituted urban renewal authority existing and organized under C.R.S.§ 31-25-101, et. seq. 2. Petitioner's authority to maintain this proceedings is set forth in C.R.S. §§ 31-25-101 et. seq., 38-1-101, et. seq. and 38-7-101 et. seq. 3. Petitioner has undertaken a project of urban renewal in frill compliance with Colorado law. Said project has been approved by resolution of the Petitioner. Based upon said resolution,the Petitioner has determined and declared that the acquisition of the property interests described in Exhibit "A" ("Subject Property") attached hereto, is necessary, in the public interest, and in furtherance of the plan of urban renewal. It is, therefore, necessary that the Petitioner acquire the hereinafter described interests in real property for said public project. 4. The purposes for which the Subject Property described in Exhibit"A" is needed and is sought constitute a public purpose. 5. The Subject Property referred to herein and described in Exhibit"A" attached hereto is located in the county in which this action is brought. 6. Roxy Huber, Revenue Manager of Broomfield County in which the property to be acquired is located, is joined as a party Respondent herein pursuant to C.R.S. Section 39-3-134. 7. Roxy Huber, the Public Trustee of Broomfield County is named as a party Respondent due to her interest by virtue of the deeds of trust that encumber a portion of the Subject Property. 8. The Farmer's Reservoir and Irrigation Company, a Colorado corporation, is named as a party-Respondent, since it may have an interest in a portion of the Subject Property as a purported owner. The Farmer's Reservoir and Irrigation Company may also have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 9. Colorado Department of Transportation is named as aparty-Respondent,since it may have an interest in the Subject Property as a purported owner as to a portion of the Subject Property. Petitioner will take subject to the interests of the Colorado Department of Transportation. 10. Huron and I-25 Land, LLC, a Delaware limited liability company, is named as a party-Respondent, since it may have an interest in the Subject Property as a purported owner of a portion of the Subject Property by virtue of a General Warranty Deed dated October 4, 2005, and recorded October 6, 2005, at Reception No. 2005013804 of the records of the City and County of Broomfield. 2 11. EnCana Oil & Gas, Inc.(USA), a Delaware corporation, is named as a party- Respondent,since it may have an interest in the Subject Property as a purported lessee of the Subject Property, based upon records of the Colorado Oil and Gas Conservation Commission indicating operation of the Kats "B"Unit No. 2 Well. EnCana Oil & Gas, Inc. (USA) may also have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 12. EnCana Energy Resources, Inc., a Montana corporation, is named as a party- Respondent,since it may have an interest in the Subject Property as a purported lessee of the Subject Property. It also owns a right-of-way originally granted to Vessels Oil and Gas Company by Right- of-Way Agreement dated September 2, 1985, and recorded September 12, 1985, and re-recorded March 26, 1986, at Reception No. 02047718 in the records of Weld County, Colorado, as well as a right-of-way originally granted to Vessels Gas Processing,Inc.By Right-of-Way Agreement dated July 21, 1995, and recorded September 25, 1995, at Reception No. 2456929 in the records of Weld County, Colorado. EnCana Energy Resources, Inc. may also have an interest in the Subject Property by virtue of an Assignment, Bill of Sale and Conveyance dated effective December 1, 1997, and recorded January 23, 1998, at Reception No. 2590514 of the records of Weld County, Colorado. It may also have an interest by virtue of an Affidavit of Production and Extension of Leases dated December 7, 1998, and recorded December 17, 1998, at Reception No. 2661137, and a Corrected Affidavit of Production and Extension of Leases dated March 17, 1999, and recorded March 29, 1999, at Reception No. 2683165 in the records of Weld County, Colorado. It also owns gas gathering and/or processing facilities serving well(s) located on the Subject Property that may be acquired or relocated. EnCana Energy Resources, Inc. may also have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 13. FirsTier Bank,a Colorado corporation,is named as a party-Respondent, since it may have an interest in a portion of the Subject Property by virtue of a Deed of Trust dated October 4, 2005, and recorded October 6, 2005, at Reception No. 2005013823 in the records of the City and County of Broomfield, Colorado. 14. Vessels Coal Gas, Inc., dba Vessels Oil & Gas Company, a Colorado corporation, is named as a party-Respondent, since it may have an interest in the Subject Property by virtue of a Memorandum of Surface Agreement dated July 11, 1988,and recorded July 12, 1988,at Reception No. 02147763 in the records of Weld County, Colorado. It may also have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 3 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 15. The Elizabeth N. Doores Trust is named as a party-Respondent, since it may have an interest in a portion of the Subject Property as a purported owner. 16. Margret L. Niven and Grant V. Niven, Co-Trustees of the Margret L. Niven Revocable Trust,are named as a party-Respondents, since the trust may have an interest in a portion of the Subject Property as a purported owner. 17. Grant V.Niven and Margret L.Niven, Co-Trustees of the Grant V.Niven Revocable Trust, are named as a party-Respondents, since the trust may have an interest in a portion of the Subject Property as a purported owner. 18. William E. Johnson, Trustee of the Elda Mae Johnson Revocable Living Trust, is named as a party-Respondent, since the trust may have an interest in a portion of the Subject Property as a purported owner. 19. MW Corporation,a Delaware corporation,aka MW Petroleum Corporation,is named as a party-Respondent,, since it may have an interest in the Subject Property by virtue of an Assignment and Bill of Sale dated June 25, 1991 to be effective October 15, 1990, and recorded July 22, 1991 at Reception No. 2256993 in the records of Weld County, Colorado. 20. Amoco Production Company, nka BP America Production Company, is named as a party-Respondent,since it may have an interest in the Subject Property by virtue of a Supplemental Property Agreement with MW Corporation,a Delaware corporation,executed July 1, 1991,effective as of October 15, 1990, which provided terms for the Assignment and Bill of Sale dated June 25, 1991, referenced in Paragraph 19 herein. 21. Kerr-McGee Rocky Mountain Corporation, a Delaware corporation, is named as a party-Respondent, since it may have an interest in the Subject Property by virtue of an Assignment dated effective April 1,2001,and recorded April 16,2001, at Reception No. 2840692 in the records of Weld County, Colorado. It may also have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 22. Basin Exploration, Inc., a Delaware corporation, is named as a party-Respondent, since it may have an interest in the Subject Property as a possible successor in the chain of title from MW Petroleum Corporation. 23. JP Morgan Chase Bank,N.A. is named as a party-Respondent, since it may have an interest in a portion of the Subject Property by virtue of a Deed of Trust recorded May 23, 2005, at Reception No. 3288138 in the records of Weld County, Colorado. 4 24. Northlands Colorado,LLC,a Delaware limited liability company,is named as a party- Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No.02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 25. Julie S. Harrington is named as a party-Respondent, since she may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992,at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 26. Charles E. Wright is named as a party-Respondent, since he may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 27. Roberta M. Wright is named as a party-Respondent, since she may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992,and recorded December 21, 1992,at Reception No.02315363 in the records of the City and County of Broomfield, Colorado. 28. Century Stimulation and Engineering,LLC is named as a party-Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992,at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 29. Chris Ann Borla is named as a party-Respondent, since she may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 30. Exco Resources, Inc., a Texas Corporation, is named as a party-Respondent, since it may have an interest in a portion of the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 31. Gail D. Kats, Trustee of The Margaret Kats Revocable Trust, is named as a party- Respondent, since the trust may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986, at Reception No. 02042014 5 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992,at Reception No. 02315363 in the records of the City and County of Broomfield,Colorado. 32. Ten-il Koops,Personal Representative of the Estate of Aloise E.Ramaker aka Aloise Ramanker, Deceased, is named as a party-Respondent, since the estate may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 33. Gail D. Kats is named as a party-Respondent, since she may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 34. Sam Kats and Betty J.Kats,Trustees of The Betty J. Kats Living Trust and The Sam Kats Living Trust, are named as a party-Respondents, since the trusts may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 35. SOCO Wattenberg Corporation, a Delaware corporation, is named as a party- Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No.02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 36. Weld County, Colorado, a quasi municipal corporation, is named as a party- Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No.02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 37. Denver Ten LLC, a Nevada limited liability company, is named as a party- Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No.02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 38. Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber are named as a party-Respondents, since they may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded 6 December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 39. Snyder Oil Corporation, nka Santa Fe Energy Resources, Inc., a Delaware corporation, is named as a party-Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 40. Wells Fargo Bank,N.A.,a foreign corporation,is named as a party-Respondent,since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 41. Robert S. Calvert and the Calvert 1986 Irrevocable Trust are named as a party- Respondents, since they may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985,and recorded February 6, 1986,at Reception No.02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 42. LaSalle Bank, N.A., is named as a party-Respondent, since it may have an interest in the Subject Property pursuant to a Declaration of Unitization dated December 6, 1985, and recorded February 6, 1986, at Reception No. 02042014 and an Amendment to Declaration of Unitization dated December 8, 1992, and recorded December 21, 1992, at Reception No. 02315363 in the records of the City and County of Broomfield, Colorado. 43. All unknown parties who may claim an interest in the Subject Property are named as Respondents because Petitioner believes that there may be others, unknown to Petitioner,who may claim an interest in the Subject Property. 44. The compensation to be paid for the property rights sought herein or the method of payment therefore cannot be agreed upon by the interested parties. 45. The Respondents have a duty to take such reasonable steps under the circumstances as will minimize their damages,if any. Any damage resulting from a failure to take such reasonable steps cannot be recovered. 46. Petitioner believes that this action does not affect the property of any persons under guardianship or conservatorship. 47. Good faith negotiations have occurred between the Petitioner and the relevant Respondents without reaching an agreement as to the value of the property sought to be acquired. 7 48. Petitioner needs immediate possession of the Subject Property during the pendency of and until the final conclusion of these proceedings. WHEREFORE, Petitioner prays: 1. That the compensation to be paid to the Respondents be determined in the manner provided by law. 2. That, if the ownerships or interests in the Subject Property are not herein correctly set forth, each of the named Respondents be required to set forth by answer, the extent of his, her, its, or their respective interests, and the names of any other interested persons or entities and the nature and extent of their interest. 3. That pursuant to § 38-1-105 C.R.S., the Court determine the proper deposit to be made by the Petitioner with the Court for the taking of possession of the property involved herein, and to enter an order authorizing the Petitioner, and its contractors, agents, servants and employees to enter, take,possess and use said property, together with the right to make cuts and fills thereon, demolish improvements as necessary and in any manner change the shape or configuration of the property, and to take and use therefrom and add thereto any and all earth, stone, gravel, timber or other necessary construction material for construction and maintenance purposes during the pendency of this proceeding, without interference from the Respondents or any of them, or their successors, assigns, heirs, devisees, personal representatives, guests, or invitees, or any person or persons claiming, by, through or under said Respondents, or any of them. 4. That the Petitioner have judgment condemning the property described herein above in fee simple absolute upon payment of just compensation to the Respondents or other parties in interest as provided by law, and for a Rule and Order conveying said property to the Petitioner. 5. For such other and further relief as the Court deems proper. Dated this 24th day of May, 2006 Respectfully submitted, MAY AND ASSOCIATES, P.C. di Mark May(12049) Special Counsel to the Broo field Urban Renewal Authority Address of Petitioner Broomfield Urban Renewal Authority One DesCombes Drive Broomfield, CO 80020-2495 8 Exhibit A All rights of mineral lessees and mineral owners to use, occupy, possess, enter upon, or to install, construct or maintain improvements upon the surface of the Northeast Quartersection of Section 34, Township 1 North, Range 68 West, 6'h P.M., Broomfield County, Colorado, or to conduct any operations for the exploration, extraction, treatment, processing, transportation or marketing from or upon the surface of the described property (Mineral Surface Rights); all existing or reversionary rights of any Royalty Owners (whether pooled or not) to use, occupy, possess, enter upon, or to install, construct or maintain improvements upon the surface of the Northeast, Quartersection of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado, or to conduct any operations for the exploration, extraction, treatment, processing, transportation or marketing from or upon the surface of the described property; the wellbore for: the Kats B Unit 2 Well, located in the Northeast Quarter of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado; all non- salvageable surface or subsurface improvements, fixtures, pipelines or other facilities presently located in, on or under the described property utilized in conjunction with the referenced Wellbore or by lessees or royalty owners to the extent said improvements, fixtures or pipelines are not relocated by Petitioner. District Court, Broomfield County, Colorado, 17 DesCombes Drive Broomfield, CO 80020 303-441-3750 PETITIONER: Broomfield Urban Renewal Authority v. RESPONDENTS: The Farmer's Reservoir and Irrigation Company; Colorado Department of Transportation; Huron and I-25 Land,LLC;EnCana Oil&Gas,Inc.(USA);EnCana Energy Court Use Only Resources, Inc.; FirsTier Bank; Vessels Coal Gas, Inc., dba Vessels Oil & Gas Company; The Elizabeth N. Doores Trust; Margret L. Niven and Grant V. Niven, Co-Trustees of the Margret L.Niven Revocable Trust; Grant V.Niven and Margret L. Niven, Co-Trustees of the Grant V. Niven Revocable Trust; William E. Johnson, Trustee of the Elda Mae Johnson Revoca- ble Living Trust;MW Corporation aka MW Petroleum Corpora- tion;Amoco Production Company,nka BP America Production Company; Kerr-McGee Rocky Mountain Corporation; Basin Exploration, Inc.; JP Morgan Chase Bank, N.A.; Northlands Colorado,LLC;Julie S.Harrington;Charles E.Wright;Roberta M. Wright; Century Stimulation and Engineering, LLC; Chris Ann Borla; Exco Resources, Inc.; Gail D. Kats, Trustee of The Margaret Kats Revocable Trust; Terril Koops,Personal Repre- sentative of the Estate of Aloise E. Ramaker aka Aloise Ramanker,Deceased; Gail D.Kats; Sam Kats and Betty J. Kats, Trustees of The Betty J. Kats Living Trust and The Sam Kats Living Trust; SOCO Wattenberg Corporation; Weld County, Colorado;Denver Ten LLC;Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber; Snyder Oil Corporation, nka Santa Fe Energy Resources, Inc.; Wells Fargo Bank, N.A.; Robert S. Calvert; The Calvert 1986 Irrevocable Trust; LaSalle Bank,N.A.;Roxy Huber,Revenue Manager and Public Trustee for the City and County of Broomfield; Any and All Unknown Parties Mark E. May, Attorney for Petitioner Case No. May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112-6839 Division: Phone: 720-529-1300 Fax: 720-529-4818 Registration No. 12049 E-mail: mmay@mayandassociates.com DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT, COUNTERCLAIM, CROSS-CLAIM OR THIRD PARTY COMPLAINT 1 1. This cover sheet shall be filed with the initial pleading of a complaint,counterclaim, cross-claim or third party complaint in every district court civil (CV) case. It shall not be filed in Domestic Relations (DR), Probate (PR), Water(CW),Juvenile(JA, JR, JD, JV), or Mental Health (MH) cases. 2. Check the boxes applicable to this case. 0 Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party does not seek a monetary judgment in excess of$100,000.00 against another party, including any attorney fees, penalties or punitive damages but excluding interest and costs and because this case is not a class action or forcible entry and detainer, Rule 106, Rule 120, or other expedited proceedings. ® Simplified Procedure under C.R.C.P. 16.1 does not apply to this case because(check on box below identifying why 16.1 does not apply). ® This is a class action or forcible entry and detainer, Rule 106, Rule 120, or other similar expedited proceeding, or O This party is seeking a monetary judgment for more than $100,000.00 against another party, including any attorney fees,penalties or punitive damages,but excluding interest and costs (see C.R.C.P. 16.1(c)). ❑ Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does not apply to this case. 3. 0 This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P. 38. (Checking this box is optional). 2 Dated this 24th day of May, 2006. Respectfully submitted, MAY AND ASSOCIATES, P.C. Mark E. May(12049) Attorney for The Broomfield Urban Renewal Authority 3 District Court, Adams County, Colorado, Adams County Combined Court 1100 Judicial Center Drive, Brighton, CO 80601 (303) 659-1161 PETITIONER: Broomfield Urban Renewal Authority v. RESPONDENTS: The Farmer's Reservoir and Irrigation Company; Colorado Department of Transportation; Huron and I-25 Land,LLC;EnCana Oil&Gas,Inc.(USA);EnCana Energy Court Use Only Resources, Inc.; FirsTier Bank; Vessels Coal Gas, Inc., dba Vessels Oil & Gas Company; The Elizabeth N. Doores Trust; Margret L. Niven and Grant V. Niven, Co-Trustees of the Margret L.Niven Revocable Trust;Grant V.Niven and Margret L. Niven, Co-Trustees of the Grant V. Niven Revocable Trust; William E. Johnson, Trustee of the Elda Mae Johnson Revoca- ble Living Trust;MW Corporation aka MW Petroleum Corpora- tion;Amoco Production Company,nka BP America Production Company; Kerr-McGee Rocky Mountain Corporation; Basin Exploration, Inc.; JP Morgan Chase Bank, N.A.; Northlands Colorado,LLC;Julie S.Harrington;Charles E.Wright;Roberta M. Wright; Century Stimulation and Engineering, LLC; Chris Ann Borla; Exco Resources, Inc.; Gail D. Kats, Trustee of The Margaret Kats Revocable Trust; Ten-il Koops,Personal Repre- sentative of the Estate of Aloise E. Ramaker aka Aloise Ramanker,Deceased; Gail D.Kats; Sam Kats and Betty J.Kats, Trustees of The Betty J. Kats Living Trust and The Sam Kats Living Trust; SOCO Wattenberg Corporation; Weld County, Colorado;Denver Ten LLC;Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber; Snyder Oil Corporation, nka Santa Fe Energy Resources, Inc.; Wells Fargo Bank, N.A.; Robert S. Calvert; The Calvert 1986 Irrevocable Trust; LaSalle Bank,N.A.;Roxy Huber,Revenue Manager and Public Trustee for the City and County of Broomfield; Any and All Unknown Parties Mark E. May, Attorney for Petitioner Case No.2006CV1 49 May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112-6839 Division: A Phone: 720-529-1300 Fax: 720-529-4818 Registration No. 12049 E-mail: mmay@mayandassociates.com NOTICE OF LIS PENDENS 1 TAKE NOTICE, that on May 24, 2006, the Broomfield Urban Renewal Authority, commenced an action in the 1 7th Judicial District Court for Broomfield County, State of Colorado, being Civil Action No. 06cv149 , Division A , in that Court, against the Respondents set forth in the caption above. The said action is an eminent domain action brought by the Petitioner to condemn interests in real property, improvements and appurtenances thereon, and other interests therein owned of record, or otherwise, by said Respondents, in the County of Broomfield, State of Colorado, said lands and appurtenances affected thereby being more particularly described as set forth on the attached Exhibit A, which is incorporated herein by reference. Dated this 2 5th day of May, 2006. Respectfully submitted, MAY AND ASSOCIATES, P.C. 7 Mark E. May(12049) Special Counsel to the Bro field Urban Renewal Authority 2 Exhibit A All rights of mineral lessees and mineral owners to use, occupy, possess, enter upon, or to install, construct or maintain improvements upon the surface of the Northeast Quartersection of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado, or to conduct any operations for the exploration, extraction, treatment, processing, transportation or marketing from or upon the surface of the described property (Mineral Surface Rights); all existing or reversionary rights of any Royalty Owners (whether pooled or not) to use, occupy, possess, enter upon, or to install, construct or maintain improvements upon the surface of the Northeast, Quartersection of Section 34, Township 1 North, Range 68 West, 6'h P.M., Broomfield County, Colorado, or to conduct any operations for the exploration, extraction, treatment, processing, transportation or marketing from or upon the surface of the described property; the wellbore for: the Kats B Unit 2 Well, located in the Northeast Quarter of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado; all non- salvageable surface or subsurface improvements, fixtures, pipelines or other facilities presently located in, on or under the described property utilized in conjunction with the referenced Wellbore or by lessees or royalty owners to the extent said improvements, fixtures or pipelines are not relocated by Petitioner. District Court, Adams County, Colorado, Adams County Combined Court 1100 Judicial Center Drive, Brighton, CO 80601 (303) 659-1161 PETITIONER: Broomfield Urban Renewal Authority v. RESPONDENTS: The Farmer's Reservoir and Irrigation Company; Colorado Department of Transportation; Huron and I-25 Land,LLC;EnCana Oil&Gas,Inc.(USA);EnCana Energy Court Use Only Resources, Inc.; FirsTier Bank; Vessels Coal Gas, Inc., dba Vessels Oil & Gas Company; The Elizabeth N. Doores Trust; Margret L. Niven and Grant V. Niven, Co-Trustees of the Margret L.Niven Revocable Trust;Grant V.Niven and Margret L. Niven, Co-Trustees of the Grant V. Niven Revocable Trust; William E. Johnson, Trustee of the Elda Mae Johnson Revoca- ble Living Trust;MW Corporation aka MW Petroleum Corpora- tion;Amoco Production Company,nka BP America Production Company; Kerr-McGee Rocky Mountain Corporation; Basin Exploration, Inc.; JP Morgan Chase Bank, N.A.; Northlands • Colorado,LLC;Julie S.Harrington;Charles E.Wright;Roberta M. Wright; Century Stimulation and Engineering, LLC; Chris Ann Borla; Exco Resources, Inc.; Gail D. Kats, Trustee of The Margaret Kats Revocable Trust; Terril Koops, Personal Repre- sentative of the Estate of Aloise E. Ramaker aka Aloise Ramanker,Deceased;Gail D.Kats;Sam Kats and Betty J.Kats, Trustees of The Betty J. Kats Living Trust and The Sam Kats Living Trust; SOCO Wattenberg Corporation; Weld County, Colorado;Denver Ten LLC;Henry Webber and Rachel Webber, aka Henry Weber and Rachel Weber; Snyder Oil Corporation, nka Santa Fe Energy Resources, Inc.; Wells Fargo Bank, N.A.; Robert S. Calvert; The Calvert 1986 Irrevocable Trust; LaSalle Bank,N.A.;Roxy Huber,Revenue Manager and Public Trustee for the City and County of Broomfield; Any and All Unknown Parties Mark E. May, Attorney for Petitioner Case No. 2006CV1 49 May and Associates, P.C. 8008 E. Arapahoe Court, Suite 100 Centennial, CO 80112-6839 Division: A Phone: 720-529-1300 Fax: 720-529-4818 Registration No. 12049 E-mail: mmay@mayandassociates.com MOTION FOR IMMEDIATE POSSESSION 1 COMES NOW the Petitioner,above named,by undersigned counsel, and requests the Court to hold a hearing on Immediate Possession and thereafter enter an Order of Immediate Possession for the property to be acquired by Petitioner that is described in the Petition in Condemnation("the Property"). As grounds for said Motion, the Petitioner states as follows: 1. Pursuant to C.R.S. §§38-1-105(6)(a)and 43-1-210(3),Petitioner is entitled to obtain immediate possession of the Property. "At any stage of such new proceedings... the court, by rule in that behalf made, may authorize the petitioner ... to take possession of and use, said premises during the pendency and until the final conclusion of such proceedings... if such petitioner pays a sufficient sum into court, or to the clerk thereof, to pay the compensation in that behalf when ascertained." C.R.S. § 38-1-105(6)(a) 2. Pursuant to C.R.S. § 38-1-105(6)(c), as amended,Petitioner may take possession of the Property 30 days after service or acceptance of service of the Petition in Condemnation or earlier upon consent of the Respondents. 3. Petitioner alleged in its Petition in Condemnation that it needs immediate possession of the property described in that Petition. Petitioner intends to offer competent evidence at the hearing that an immediate and real need to acquire immediate possession of that property exists so that there is no needless disturbance of the Respondents'possessory rights. Swift v. Smith,201 P.2d 609, 614 (Colo..1948). 4. The Petitioner has conducted good faith negotiations for acquisition of the Property. Said good faith negotiations have failed and further negotiations would be futile. WHEREFORE,the Petitioner prays that this Court hold a hearing for Immediate Possession and further request this Court to enter an Order of Immediate Possession in the Petitioner's favor for the possession of the property described in the Petition in Condemnation which Order sets forth the amount of deposit necessary for possession together with such further relief as may be deemed appropriate by this Court. Dated this clif4C day of May, 2006. Respectfully submitted, MAY AND ASSOCIATES, P.C. Mark E. May(12049) Special Counsel to the Broomfield Urban Renewal Authority 2 Hello