HomeMy WebLinkAbout20052396.tiff ASSIGNMENT,BILL OF SALE AND CONVEYANCE
This Assignment, Bill of Sale and Conveyance (this "Assignment") is made and
entered into this 15th day of October, 2004, from Patina Oil & Gas Corporation ("Patina"), a
Delaware corporation whose address is 1625 Broadway, Suite 2000, Denver, Colorado 80202, to
MARCUM Midstream 1995-2 EC Holding, LLC, a Delaware limited liability company ("Marcum")
whose address is 1610 29th Avenue Place, Suite 200, Greeley, Colorado 80634. The Assignment is
made pursuant to and subject to the terms of the Purchase and Sale Agreement, dated October 15,
2004, between Patina and Marcum (the "Purchase and Sale Agreement")
For $10.00 and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by Patina, Patina hereby transfers, grants, bargains, sells, conveys,
and assigns to Marcum, and its successors and assigns, the following (all of which are herein called
the "Assets"):
A. all of the injection facilities, well equipment, fixtures, equipment inventory, personal
property and improvements on, appurtenant to, or owned by Patina in connection
within the ownership, maintenance and operation of the Lyster disposal well facility,
as described in Exhibit A; and
B. all of Patina's right, title and interest in the real property interests described in
-- Exhibit B, insofar as such interests cover the lands described in Exhibit B; and
C. all of the governmental permits, licenses, certificates, orders, approvals and
authorizations owned or held by Patina or any member of Patina that relate to the
ownership or operation of the Assets, including without limitation those described in
Exhibit C; and
D. all of Patina's books, files, data, electronic files and records of every type associated
with the Assets, including, but not limited to, geological, engineering, production,
accounting, title, land and marketing information which is not confidential pursuant
to licenses or other agreements to which Patina is a party; and
E. all agreements relating to the ownership, operation or value of the Assets including
the Material Agreements listed on Exhibit D (the "Material Agreements").
To have and to hold the Interests unto Marcum and its successors and assigns forever.
PATINA MAKES NO WARRANTY OF TITLE OF ANY KIND TO THE
INTERESTS,WHETHER EXPRESS, IMPLIED OR STATUTORY.
PATINA EXPRESSLY DISCLAIMS AND NEGATES ANY WARRANTY AS TO
THE CONDITION OF ANY PERSONAL PROPERTY, FIXTURES AND
^ IMPROVEMENTS COMPRISING ANY PART OF THE INTERESTS, INCLUDING
(I) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, (II) ANY
IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,
2005-2396
(III) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR
SAMPLES OF MATERIALS, (IV) ANY RIGHTS OF MARCUM UNDER APPLICABLE
STATUTES TO CLAIM DIMINUTION OF CONSIDERATION, AND (V) ANY CLAIM BY
MARCUM FOR DAMAGES BECAUSE OF DEFECTS, WHETHER KNOWN OR
UNKNOWN. MARCUM AGREES THAT SAID PERSONAL PROPERTY, FIXTURES,
AND IMPROVEMENTS ARE BEING CONVEYED TO IT "AS IS, WHERE IS," WITH
ALL FAULTS AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR.
To the extent permitted by law, Marcum shall be subrogated to Patina's rights in and
to representations, warranties and covenants given with respect to the Assets. Patina hereby grants
and transfers to Marcum, its successors and assigns, to the extent so transferable and permitted by
law, the benefit of and the right to enforce the covenants, representations and warranties, if any,
which Patina may be entitled to enforce with respect to the Assets.
Marcum shall assume and pay, perform, fulfill and discharge all claims, costs,
expenses, liabilities and obligations, express or implied, accruing or relating to the owning,
operating or maintaining of the Assets for the period after the Closing Date, including, without
limitation, (i) obligations under or by virtue of any lease, contract, agreement, document covering
the Assets, including the Material Agreements, and those arising under or by virtue of any permit,
applicable statute or rule, regulation or order of any governmental authority, (ii) any liability for
environmental liabilities and (iii) the obligation to plug and abandon all wells, equipment and
facilities located on the Assets and reclaim, remediate, restore and clean up all well sites located on
^ the Assets in accordance with applicable laws and regulations. The Purchase and Sale Agreement
contains additional specific indemnifications by Marcum for the benefit of Patina and by Patina for
the benefit of Marcum, which indemnifications shall be deemed incorporated herein and which shall
survive execution and delivery of this Assignment.
This Assignment shall bind Patina and inure to the benefit of Marcum, and their
respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this instrument as of the date set
forth above.
ASSIGNOR:
PATINA & GAS CORPORATION
By:
vid W. Sip , Vice President
^ ASSIGNEE:
MARCUM MIDS AM 995-2 EC HOLDING, LLC
By:
Dale S. Butcher, Vice President
•
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STATE OF COLORADO )
)ss.
CITY AND COUNTY OF DENVER )
The foregoing document was acknowledged before me this 15th day of October, 2004, by
David W. Siple, as Vice President of Patina Oil & Gas Corporation, a Delaware corporation, on
behalf of said corporation.
Witness my hand and seal. `
ot. Public
My commission expires: .� ,
``, \ .-, A •4.WA;
200 g VNpTA R nett
ts
PUBLIC •
STATE OF COLORADO •• Q��`
VP
)SS. ,"��„Mg..Min.&
CITY AND COUNTY OF DENVER )
The foregoing document was acknowledged before me this 15th day of October, 2004, by
Dale S. Butcher as Vice President of MARCUM Midstream 1995-2 EC Holding, LLC, a Delaware
limited liability company, on behalf of said company.
1
Witness my hand and seal.
No Publicaton nmauupo,,,",,
My commission expires: `
g- ai1' 2002 .N:NOTARY'Vs
;. PUBLIC
Ds
Exhibit A
Attached to and made a part of that certain Assignment, Bill of Sale and Conveyance
dated October 15, 2004,
by and between Patina Oil & Gas Corporation and MARCUM Midstream 1995-2 EC Holding, LLC.
Equipment
Luster 8-26 EG Well
Wellhead
Plastic Coated Tubing
Packer
Dog House/Office
Desk/bookcases/file cabinets
Pump House
2 tri-plex high pressure pumps w/ skid mounts/100 hp motors
2 centrifugal filter pumps w/ 5 hp motors
6 filter canisters w/manifolds
Electrical automation
Filters/sock type in inventory
Transfer House
Centrifugal transfer pump w/ 7 hp motor
Oil centrifugal transfer pump w/ 15 hp motor
Hoses and manifold
Electrical
Main Facility
5 tall 400 bbl skim tanks
1 300 bbl oil skim tank
1 400 bbl oil sales tank
1 300 bbl oil sales tank
2 500 bbl incoming water tanks
2 400 bbl incoming water tanks
1 300 bbl clean water tank w/ ladder
Horizontal oil treater
Manifolds for main facility
Main electrical power
Lights and electrical
3 Transformers
Unloading Docks
Big Gorman centrifugal transfer pump w/25 hp motor
Canister Filter
Exhibit B
Attached to and made a part of that certain Assignment, Bill of Sale and Conveyance dated October
15, 2004, by and between Patina Oil & Gas Corporation
and MARCUM Midstream 1995-2 EC Holding, LLC.
Real Property
1. Easement and Water Disposal Agreement dated August 13, 1985 by and between Norman
H. Lyster, Agent, Lyster Family Farms and Coors Energy Company covering the Lyster 8-
26 EG well located in the SW'/.SE'/, of Section 26, Township 6 North, Range 65 West, 6th
P.M., Weld County, Colorado.
Exhibit C
Attached to and made a part of that certain Assignment, Bill of Sale and Conveyance dated October
15,2004,by and between Patina Oil & Gas Corporation
and MARCUM Midstream 1995-2 EC Holding, LLC.
Permits
1. Lyster 8-26 EG Injection Well Permit approved by the Colorado Oil and Gas Conservation
Commission on September 9, 1985.
2. Approval of Use by Special Review for an Oil and Gas Support Operation (Saltwater
Injection Facility) by the Board of County Commissioners of Weld County on April 30,
1986.
3. Amendment of USR-729 dated October 5, 2004 between Patina Oil & Gas Corporation and
Weld County Department of Planning Services.
•
Exhibit D
Attached to and made a part of that certain Assignment,Bill of Sale and Conveyance dated October
15, 2004, by and between Patina Oil & Gas Corporation
and MARCUM Midstream 1995-2 EC Holding, LLC.
Material Agreements
1. Easement and Water Disposal Agreement dated August 13, 1985 by and between Norman
H. Lyster, Agent, Lyster Family Farms and Coors Energy Company covering the Lyster 8-
26 EG well located in the SW'hSE'/ of Section 26, Township 6 North, Range 65 West, 6th
P.M., Weld County, Colorado.
2. Settlement Agreement dated August 1, 1995, by and between Gerrity Oil & Gas
Corporation and Norman C. Lyster and Elizabeth C. Eckles, individually and as personal
representatives of the Estate of Norman H. Lyster, and Lyster Family Farms Limited
Partnership.
CERTIFICATE OF CONVEYANCES
(Lyster)
Subject Property:
Township 6 North, Range 65 West, 6th P.M., Weld County, CO
Section 26: SW%SEY< except that part deeded to the Greeley-Weld County Airport
Authority by deed recorded in Book 2611617
Crews & Zeren, LLC, a title company, certifies that it has searched the real property
records of Weld County, Colorado, for the period from February 28, 2005, to 7:45 a.m. on
April 5, 2005, and does not find any conveyances of the real property above described
during such period.
Dated this 19`h day of April, 2005.
CREWS & ZEREN
By: William G. Crews, CPL
Certified Professional Landman #3477
Crews er Zeren,LLC
Title Services
P.O. Bot336337 (970)351-0733
Greeley, CO 80633-0606 Page 1 of 1 Fax(970)351-0867
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Transnation Title Insurance Company hereby certifies that it has made a careful search
of its records and finds the following conveyances affecting the real estate described
herein since August 30, 1972, and the most recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION
SEE ATTACHED EXHIBIT "A"
CONVEYANCES (If none appear, so state):
Reception No. 1146630 Book 1348
Reception No. 2006650 Book 1066
Reception No. 2611617 Book
Reception No. 2612481 Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Transnation Title Insurance Company is hereby
limited to the fees paid for this Certificate.
In Witness Whereof, Transnation Title Insurance Company, has caused this Certificate
to be signed by its proper officer this 21ST day of April, 2005, at 7:00 am.
Order No. TNGR0000289
Transnation Title Insurance Company
By La() Kd a .OCa 6t C7rv-----;
Authorized Signature
File No. TNGR0000289
EXHIBIT A
The SE1/4 of Section 26, in Township 6 North, of Range 65 West of the 6th P.M., Weld
County, Colorado, except all that part of the N1/2 of the SE1/4 of Section 26, in Township 6
North, of Range 65 West of the 6th P.M., which lies northerly of a line drawn parallel with
and 100 feet distance southerly from the center line of the main track of the Union Pacific
Railroad (known as line East from Greeley), as the same has been surveyed, located and
staked out, through, upon, over and across said quarter section, and containing 10.66
acres, as more particularly described in Deed recorded in Book 292, Page 371, Weld County
Records.
Also except that part conveyed in deed recorded May 8, 1998 at Reception No. 2611617
and in deed recorded May 13, 1998 at Reception No. 2612481.
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Transnation Title Insurance Company hereby certifies that it has made a careful search
of its records and finds the following conveyances affecting the real estate described
herein since August 30, 1972, and the most recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION
SEE ATTACHED EXHIBIT "A"
CONVEYANCES (If none appear, so state):
Reception No. 1146630 Book 1348
Reception No. 2006650 Book 1066
Reception No. 2611617 Book
Reception No. 2612481 Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Transnation Title Insurance Company is hereby
limited to the fees paid for this Certificate.
In Witness Whereof, Transnation Title Insurance Company, has caused this Certificate
to be signed by its proper officer this 28th day of February, 2005, at 7:00 am.
Order No. TNGR0000289
•
TransnaY Title Ins r e C pang
By •
Au nzed Signature
File No. TNGR0000289
EXHIBIT A
The SE1/4 of Section 26, in Township 6 North, of Range 65 West of the 6th P.M., Weld
County, Colorado, except all that part of the N1/2 of the SE1/4 of Section 26, in Township 6
North, of Range 65 West of the 6th P.M., which lies northerly of a line drawn parallel with
and 100 feet distance southerly from the center line of the main track of the Union Pacific
Railroad (known as line East from Greeley), as the same has been surveyed, located and
staked out, through, upon, over and across said quarter section, and containing 10.66
acres, as more particularly described in Deed recorded in Book 292, Page 371, Weld County
Records.
Also except that part conveyed in deed recorded May 8, 1998 at Reception No. 2611617 and
in deed recorded May 13, 1998 at Reception No. 2612481.
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LAST WILL AR0 TROTiSUOPf
OP
AROMA MOAMAR LISTER
X, ANr MAHAM LISTER, also known as A. N. Lyster, of
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Weld County, Colorado, being now of full lawful age, and being of
ii mRea "A .""a".r mA m.4.-r ms ccn tr ia.. or influence whatsoever,
■- do bettby sake, publish and declare this say Last Will and Testament
15( in manner and fears as follows:
FIRST: I direct that all my just debts and funeral
expenses, taxes menses of administration be paid as soon
after my death as conveniently can be done.
=IND: I hereby give, devise and bequeath unto my don,
CIRIL I. tYAITA, the fare now occupied by him and described as
follows: The Northwest Quarter (Net) of Section Thirty-six (36),
Township Six (6) North, Range Sixty-five (65) Welt of the Sixth
Principal Meridian, in Weld County, Colorado, together with all
water, eater rights and appurtenances thereunto belonging. and a1_.
water stock in any ditch or reservoir coup which she': evidence
the right to water heretofore custossrily used thereon, mbjeot to
the burden hereinafter imposed upon him and upon it, in favor of
nd son, Arthur P. Inter.
THIRD: I hereby give, devise and be{ueath unto my! so-.
NOWAY R. LISTER, my hers far= sad the property occupied by him,
described respectively as: The Southeast Quarter (9S;) of Sect.io;,
'lv.nty-six (26), Thanship Six (6) mirth, Romero Clrty_f ve (A5)
(ap bass farm), and the Northwest Quarter (n4) of the Northeast
Quarter (Nsg) of Section Thirty-five (35), Township Six (6) ,North,
Range Sixty-five (65), West of the Sixth Principal Meridian, in
-
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{ aemr1348 ntdl2tb •
Weld County, Colorado, together with all eater, eater rights and
• appurtenances* theeretmto tele::ging, and all water stools in any ditch
or reservoir ecelany vhie& shell evidence the right to vaster hereto-
tore euatosariiy used thereon, together with all horses, tools,
machinery and sautysent constituting my farming outfit on my home
place, all subject to the hardens hereinafter imposed upon him and
upon said leads, reepeetinly, in favor of my eon, William 0. Lycter,
and 4 dauenter, Ca 1 it M. r!rtar: and to the balance of the
existing lien now of record on my home place.
15 FOOTS: I hereby give ae.d bequeath unto my eons, APDOMVP.
® T. tier and SWELLS 0. LISTER, unto each the sum of Ten Thousand
Dollars ($10,000 00).
11Pmt It is my viii and I hereby direct that the land
devises to mil. 3. I..-''m'�= -R by Paragraph SWUM hereof, be and I
hereby charge it with the payment of the fun of Ten Thousand Dollars
($10,000.00) hereby bequeathed to my said son, Antrim r• LISTER, and
direct that said mum Shall be and remain n tharge aeon said lands
until said eta is paid. It is my will and I hereby direct that the
said Southeast Quarter (OBI) of said Section Twenty-eix (26),
devised to IMAM R. LISTER by Paragraph THIRD hereof, be and I
hereby charge it with the payment of the et.® of Ten Thousand Dollars
® (Q10,000.00) hereby beovaathed to my said eon, WILLIAM 0. LYSTER,
and direct that said eta shall be and remain a charge upon said
® •-�!. mete rate spat is maid. Said sums shall be paid at any time
after end within ilia and one-half (6k) years after the date of my
death, and shall beer interest from a date eighteen (18) months
after the date of my death, until paid, at the rate of Lour (4) ,,.-
cent per ann m, payable annually.
SlEfil The following items of personal property, I
-rrby sive en beousath as personal mementos as follows: My roll
-2
i BOA 348 ra61129
It top writing desk to my said eon, CYRIL N. LIr'aRI my roll top
i
dining roam telele to my said ma, MESOO N I. LISTER; b set of The
Nncyelegedia Sritennica to e0' said sca, ARTffi1R T• LISTER; my orna-
mental oral topped table to SIM INN OR, the wife of eV said son
Narnsn I. Lywterl all other hossshold furniture and furnishings
bslesemg to se cad located in my hone I dire and bequeath to my
daughter, CA.IRRII; X. LISTER, Provided, she shall remove and t.ke
the seer aver within a reasonable ',hurt time after ma death; other-
I9' wise said furniture and furnishings shall be disposed. of as my
115 C laeatore may decide, and if she shall be unmarried and living in my
Itame at the date of my death, she may ooatia a to occupy said hose
for not lamer than one (1) year from said date and may retain said
I[-:l furniture and furnishings therein for such period, provided, that
Annie Flynn may also make her hone in my said residence for said
141 period.
SIMINTR: 1 hereby give and bequeath also unto my daughter,
DATUMS X. Lana, if she stall survive me, the sum of Two
TLouses& Tire Issdred Dollars ($t,Soo 00). It is v vil_. and I
hereby direct that said sus until paid shall be and remain se charge
upon and be rid hr my son, Norman H. Lyster, from the n'ortheest
Quarter (SW}) of the Northeast Charter (NEyl) of said Section Thirty-
2tve (35), devised to him by Paragraph THIRD hereof. Said sum shall
be payable either in a lump ma, within eighteen (18) months after
my death, or at the discretion of my said son, Norman H. Lyster, in
annual installments of not less than rive Hundred Dollars ($50(,,@.7)
each, beginning eighteen (18) months after the date of my death,
with interest on all umeaid batter.' sr the rut-e of four (L) per __,__
per enaa, payable annually, with the privilege of paying all or any
additional emouat se any interest date.
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SIGHT': All the rest, resifts and remainder of the
property, of Astsdaver kind or nature, and wheresoever located, of
which I die seised or possessed., or to which I au' be entitled at
the ties of 4 death, not hereimbove devised or bequeathed, I give,
devise and bequeath as Misses First unto my said daughter,
CATTO8IU M. InnflR, the amount it Seven thousand live Eundred
1 Dollars (rr,300.00), which eat shall include the value of all
Suited G}atgs hoods heretofore or natter given to her by me, or
hold by her sad me as joint tenants, or payable to her on WI death,
and the value of all sash bolds or pressed. hereof shell be deducted
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from sold amount of Sees thousand rive Iundred Dollars ($7,500.00),
and all the rest of q said residuary* estate remaining after the
l payment of 4 debts, eases and espmsee of administration, I give,
• cerise and bequeath onto or said lieu (5) children, shore and chars
alike.
NIMSi It is my wi11 std I direct that all debts, funeral
expenses, taxes, fees and expenses of administration shall be a
charge upon and paid from mr AZSIDlIART *STAIN, and that no specific
devise or bequest shell be diednisaea of rar uairged ith lath
expense unless nor until it shall become necessary because of la-
nfficie e of sat* as!In say eA'f4R:
1 VMS: If any of my said children shall have died before
me, then and in that event the shares and portions which said child
would have taken hereunder, if living, shall pass to and I hereby
give, devise and bequeath the sane unto his or her lextn? heirs,
...,....a�ei as ,f w ee14 AeuMemr Stall have died befnrs me, leaving
a child or children her surviving, then and in that event the sari'
or portion of my residsnry estate which nr said daughter would have
Ig taken under Paragraph nears hereof, if living, shall pass to and I
' gUttkl34h rACf t3i
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hereby give, devise and bequeath the sees mato such child or
children of a7 said daughter, end Lf my said daeg'hter shall., hivret 9e
died, leering no ehlld her Surviving, then and in that event her
i recta ;ham or ---14.- -.sin. said Pannmabh ST bartnf cant 1 pAam
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§' 'PA O e I her*, give, davit and iv.'im.tl+ therz;,—,',;: ray 7+ain
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fora (a) sous, an mif she shall die before me (with cr Arithout s
child), then and in that event the bequest .r legacy given her by
® la ?t '.s.,.e azz ai Cirri gm to uni became part or y rest.^.•:ary
estate, vith the seas charge and provision for payment thereof con-
ti tined in said Paragraph szvms.
ni si $y mid eons, Cyril 2. Lyater and :'o:':at.11 7.
triter, nepeetive3,t, shall have the privilege. ir they so desire.
ral • given to m said sae Arth,r F. Lyster
�, of paying the ealtfiita hereby .s.
1
_n m ,n -. ft. tatter, rsaata. 1 va r, .NA n A« .A....r, - _
....: _ . .. - _
' Lyster, by pamerayhe maihered FOURTH and stairra hereof, reaper:-
tinily, at any his after the ....r..nf. of eV start. ..+.9 ro.^.-: r.'.Ch
payment said lands given respectively to them aball be released
from all charge or burdens of such bequests. That is to sty, when-
, eye: my our, Cyril S. Luster, shall nos to his brother: ar^.h+-*' *..
d; Luster, the earnmt hereby charged against the faun hereby th"sed •e
sky said. son, Cyril R.• Lyster, said farm shall be relcasad f:;:^
w.c.
such charge and neither he nor 't shall be reepone ble ->r -•,w-
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meat. Of any other bequest herein model and whenever r^y ssi•1 scn,
9orman 8. Lyster, shall pey to his said brother, Wili1 '" 'i. IC' er•
- the await hereby charged a8'west the farm hereby devised t.: Ty.
said e011, Norman H. Lyster, said farm shall be released :'rrs, inr>,
charge and whenever he shall slaw raid to klio eie -cr, ,...c :le . .
Limier, the ova of $2,500.00 hereby provided for her and charged
me aforesaid against the devise hereby ride to Norman H• Luster, he
rv`_ and said forty (h4) one farm shall be released from suer charge,
a _
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I Bin 1348 nu 1.32
and eheneeer be shall have paid both, wither be car rasa faxes abtla
be responsible far the papasari or any other tequeet herein sas4a.
IThe filing and rnoerding of a release, receipt or quit claim decd,
Il
executed. by the teepeetivs ossefieiariee of specific bequeetc shelf
IJielaz ...A A4sokorge t!eeefroe any specific property charged
tCare'1th.
If all of the respective bequests hereby side Ball not
•
•
have bees paid within six and tee-halt (6 ) years free and after the
I
ante : 7..4. tth, Nwl sad in that event the respective ps vyvs ty
I respectively charged with each unpaid bageeeat resrc ti— . sh..ii be
sold for the y.ayaeat of said beQveet, end it is sy will and desire
that the Court shall retain jurisdiction of sq Estate until sa0A pays
nests are made, but that the administration of sy said Estate shall
be closed as soon as practicable after such payments, whenever made.
q._.Q.tyra; v..seh as AlltIB fin has rendered lone rears
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of faithful and devoted service to ms and •V family, I request my
said sons to see that Who shall near be in rant of the necessarien
I of life and that at say time hen ahe shell be unable to provide the
seine for herself, that they, collectively, vill provide ter or cause
her to be provided with reasonable necessary support.
i$IATgMSz I hereby nominate, constitute a.s. aepotni.
Itvo none, CYRIL R. LYME and NORM H. LISTER, or the survivor of them,
El`"
e i to Meta of this my ;Set Will cad Tsttseeet, an !t the 'ern-. ,..
of the refusal of either of them the other shall be mole Executor T.
N of this my Lest Will and Testeeeat, but if both ay meld eons shall
point an Ad'ini streto:
refuse so to act, then the Court shell - ,
Iwith this Will annexed, in their place and stead. If eithcr ..nr b,-b.
Eof my sale none shall serve A9 Executors, 1 ,. 4. t a-.. __ ___
n
he ar they be permitted to serve withc:at bond.
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and +banewr he shall ban laid both, neither be itmr amid fares tall
be resymeiw for the payment of asp other bequest hams made. ' s"
The filing and receding of a relenae, receipt or quit claim deed,
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l:eeviceu iT the i:speeEite aenafieiafies of spleirle bquesta shall irk 9t
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release and tieeharge therefrom any speeifie property ehargad ys
therewith.
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If all of the respective bequests hereby made shall not 1 �
ban been paid within air and one-half (61) year from and after the
date of my death, then and in that avant the respective property
31 5(, respectively charged with such smaid bequest respectively, shall W n
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sold for the payment of amid begwnt, and it is mywill and dealre a"'.
that the Court shell retain Jurisdiction of my Estate until said q.y-
menta are rode, but that the a&iaistntion of my said Estate shall y.
be closed as moan me practicable after such payments, whenever made.
TYEUTli tenth ae AIMIE fLTRT has rendered 1na? years ;:-"- .
of faithful sad devoted wrviae to me and ape faadly, I reyu&Y
said sons to see that she shall never be in want of the neceessries 1 'q
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o: life and that at any time whsu eM shall be unable to provide the
maw for Lrwlf, that they, collectively, will provide her or cause
her to be provided with reasonable wceexry support.
TESIFLL'lltznt I hereby moalnata, constitute and appoint my
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two sons, CTAIL E. LYSTEit and El!GAT E. LT9TtR, or the survivor of them, yam`
to be IDBQJTIptB of this q Last YS31 sad 14etawaL, and In the event. �w
em w r
of the refusal of either of them the other shall be sole !rrcuto,- T ye
of this my Last Yt1 and Testsment, but if both my said aona shall
he
refuse so to act, then the Court shall svxtnt en Administrator, .;°m+;
with thin Will snared, to their piece and stead. If either or both
of said eons shall serve >a &W wec'.ttors, I re{•xst a.�3 direct tba:
be or they be permitted to serve without bond.
3•
iy y-.
W t
.�tpk
f
I , ggct1;;4S PA,f13;3
0 Fail
Al
fiSORTAMMTS: I further authorise and eepOver wy Executors, ,
in their discretion, to mortgage the reapeettve pieces of real •a
4 estate which are hereby charged
or burdened with respective, specific `,A
1
I legacies, for the purpose of facilitating the payment thereof, -rithout
i-. petition to or leave of Court, end I further ðerize and weever A7
my said Executors to mete, execute and deliver proper deeds of trust
or mortgagee end assignments, to effectuate grid pvrpne,. .iis
_._ I further antherIze and empover my r.Sd Srecutcra, :f they
•• !lull .deem It Adele.hie ♦e reea� efeenttter._._.�,,, _. .�..._. or all .urero..l
15Cproperty which .basil or may constitute all Cr pert of my residuary which DO
l; estate, in the kind or fore in It shall be -eaei-ed, end direct l
that they shell not be required to well or convert any of said
ll
- 1 personal property into the kind, form or class of property d,.teeatrd
by the Statutes of Colorado as legal investments for estate Puede.
ll
71177SMfn: I further direct the! my P.vecut:rs =ha`.'_
retain end employ HOUR? O. SMITE, BSq., rf Greeley, Color:le, if
IIIbe shall be then engaged in the practice of law at Greeley, Cotrado.
se attorney to and for the probate of !hi, ter i..-eft 9111 -tad '".s_ .,^n•
II
and the administration of try Agitate he-eunder ,
sI%TEXMTRI Should +any person cuisine; to he cr•:-lei to
any part or T estate, ebieet to or epees-. the probate n. lot, ny I
V'71 in any Court, or, in a.yvti ,, directly or _^q'. 'y. conic:t
e
or aid to eontest!ng the same, or any of the provision thereof, or
the dietrtbuttoa of my Satate hereunder, er reface to teen'
provisions made for his or her benefit herein, then ..at In t'., ecr-
I revoke, enncel and enema any and all b-;x:t2, g , ,- . - t sea
herein rode to such person, and it is my 4111 t`:-:t s::cb pece,.; s'.,,;1
ll
be absolutely barred and cut off thou any share in my estate and
Illi
that such portion as he or she would other.rise ref-ei,e dbaLl be
divided among the other beneftcteries heenin-e..
i
t
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r 7
_.:o,ar 'l. b ..Y 1 -to,:
.I:.; . -..% ,in.,q {E
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Q1*4H YNfi L34 i n ` 3 .
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mfr} I beeebj'resobg, oink). W _g teat I - ,? / y�+t
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all Ni by at en7 tits bilnWran rte^. '4 ,
.J��''fFitSS INDERICT, I, ARTWAI fAN 178f o drown
a A. �. LSf', have hereunto etibi.il`I'i.aj i Wlit _WIPMIMMWMII
,&
Canty,}Cofo}4do, on this nth day of .lprily f A. D. 13►6
t
1t '.
Artha• Noreen :yater
e t
._
a Nfi, the undersigned witnesses Ders:+y state that the abm,s
and foregoing instrument of writing, consisting of eight (8) sheets,
.n• - - including this one, wee signed by AR}'W?'}WIee 4AN 127AR,-&leo k to(n. r�'s i.v,i,
ao A. 7. iyste:•, the Testa:_r, in tk presence or ••++e;. o: u..Y that +.
at the tine of the signing of said writing, the said ARTIWIt NOMA% i
g A
NLITra, also Imovn as A. N. hut's, was tear the age of Twenty-case
(.7 ya u . r.:r. ... . of saa4 nand v and disposing notary, aud under .. r.,n-
{fig®y� st--slut, coercion or influence whatsoever, and signed the seas se `.i�•
��
hy fr.a and sulmtary ..ct{ and at the time of aigni:g said ins Cru-
■ent of writing the astd ARTNP8 ROMAN LY3a'3, also known es A. N. ,.
'T•'.
!.r. did in the presence of each of us decl•sre the sail vr:.t:,ng a-4+{,'411 e
kiito bo hie last all and Testament.; and aacii of us at the request of % `!
A 1.T.:v.a.i..,
veld A".TWIt 1JRNAN L.T3TSR, also Yaw se A. N. iyster, and in his ,present, .via An the presence of a•ch o•her, do sig•i this, his Last ,wiL' eu attesting witnesses thereto th'e 4th `sq of April, A. D. 1746• <r'" +.
—ILI I:-Robert O. daith G^realsp, .,tlo do
Charlotte 3• Williamson Greeley, Colorado If
t
yr Robert N. Gilbert Cneley, Colorado *
SWIM Dp{ +1l.O n CORP't 0I.w. ,
a)bit{d� Ann end cort?'t COPY o1 1M
i r Y ` YY'X/!,-Ip O/0 lift WEISS
..�. .,.- _per ,
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B 1066 t 0 00565^C 0^ 2/45 10:40 0 1/001 _..." 4t
ARE-11306650P 0483 MARY ANN FEU. RSn' .ia CL ERR & RECORDER WELD CO, Co 4
-4 RECORDER'S STAMP 'i
,
THIS DEED, Made this 12th day of A,: [1 .19 n2,
...C--.7I
, between ;<onnan H. Lyster
�I @
of the County of Weld and state of
F� 1 Colorado:of the first par[,and Lyster Family Farms 44>
fffff�It i 1 I
whos F
e!era!address is 22727 Weld County oar' 64 II e0
.--.-.I . Greeley, Colorado P0631 ,°gf
"L
of the County of Weld and state of I�.! { i a
11 Colorado,o:'the second part,
L ' WITNESSETH.That the said part v of the(int part.for and in consideration of the sum of
L• 1•a- "__" ri {{ r
No Consideration - - - DOLLARS, ri sl ll •n '
by the saidparty of the second art.the receipt whereof a
to the said part y of the first part in hand paid P I f"d
is hereby confessed and acknowle.:ged,has remised,released,sold, ,onveyed and QUIT CLAIMED,and by these 11 A p;
1 ter' presents do es remise,release,sell,convey and QUIT CLAIM unto the said part y of the second part, its heirs. ; q l' ,Y
b _ i successors and assigns,forever,all the right.title.interest.claim and demand which the said party of the first part I r
I: ha s in and to the following described lot or parcel of land situate,lying and being in the County I '- }. •
of weld and State of Colorado,to wit: I I
III ar ' ' s}f..
I'. The SE1/4 of Section 26, in Township 6 North, of Range 65 West of the li yl a+,,
, p 6th P.3., Weld County, Colorado, ex:opt all that part of the N1/2 of the I I pia
�• .H SE1/4 cf Section 26, in Township 6 North, of Range 65 West of the 6th P.M., I ;;
: which lies northerly of a line dra.n parallel with and 100 feet distant I tl ti x
{: �i southerly from the center line of the main track of the Union Pacific I II f
i , 1'�, Railroad (known as line East from Greeley), as the same has been surveyed, �r*
I located and staked out, through, upon, over and across said quarter section, II t ,
�`j.. and containing 10.66 acres, as more particularly described in Deed recorded 6
j in Book 292, page 371, Weld County Records. i
I ++ ,x
r
triteµ
The NWl/4 of the NEl/4 of Section 35, in Township 6 North, of Range 65 West i F :ip '
l" of the 5th P.M., Weld County, Colorado; ! F er
9
A
y] P 4
: yvx 5
1 '
t1 rf
also known as street and number 1'
I `. III97.!,;':4:'1C
�:
° d }
fl— TO HAVE AND TO HOLD the same,together with all and singular the.appurtenances and privileges[hereunto .- K
II jelonging or in anywise thereunto appertaining.and all the estate,right.title,interest and claim whatsoever.of the ' -5.1 94.4 -
_ II ,:aid party of the first part,either in law oreeuity,to the only proper use,benefit and behoof of the said part v of
the second part. itsheirs and assigns forever.
II IN WITTESSWHEREOF.The said part y of the first part has hereunto set his hand �H, t a
I, and seal the day and year first above written. -1 ("? :�i tr k
i.' . /(a-2!LLcq .,�7 ./(/ r- L..,c.,_[SEALI ce.
Signed.Sealed and Delivered in the Presence of Norman H. Lyster /
I
I ___ JSEALI A 4Y. 31
,.(SEAL) I aecr
t
l —_—_—.1SEALI �1 ;
'a STATE OF COLORADO, 1 3 c h•
�. I I J1'ax. .i
•_ County of Denver
The foregoing instrument was ackno-.lec god before me thi / ,‘,...,,R day of 0-11-,--).-
-�I Ii 195.? •M' Norman H. Lyster , rgi n
"441-4.,..
fib+ 4a E,-
My commission expires (A-�.y, �. f .19 di .Witness my hand and official seal. ,, +{ I
......p
II._ • tTA ?),\1-. re:. `�
latif
I.
'L C o DSO Ptarmigan Place x s1
r, N. ,3773 Cherry Creek North Drive 2.
` c ' ' • Denver,Cola. 00209 i
.
No.9t�.V1'IT('IAIM I,r'.ran. (ael,.rn� . I,:,a..�f.,rJ1'.hI.n,nrr...l"•,f s,.. �v;�,.,, .n.•.1 ,..l.r ..:'•rII ,'5 r .
L-) �1 11111111111111111 flu ll nil viii 1111111 III VIII IIII Ill
( / 2611617 IS/B6/1N! 0D:41A Weld Canty CO
1 of 2 R 11.00 D 6.50 JA SJc1 Tsukaaete
Special Warranty Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other
appurtenances('the property')from the individualist,corporation(s)or other endty(les)named below as GRANTOR
to the individualist or entity(ieel named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the tide against
all persons claiming under the GRANTOR,except for any particular matters described below under'Additional
Warranty Exceptions',end except for any of the following matters established by the GRANTOR and evidenced
by recorded document:easements,rights•of•way,mineral grants, mineral leases,and protective covenants and
restrictions. The GRANTOR does not warrant against the lien of the general property taxes for the year of this
Deed.
The specific tams of this deed ere:
Grantor: Lyster Family Farms
Grantee: Greeley-Weld County Airport Authority
Form of Co-Ownership: Of there are two or more grantees named,they will be considered to take as tenants in
OS. common unless the words in joint tenancy"or words of the same meaning are added
in the space below.)
hyre
Property Description: (Include county and state.)
See attached Exhibit A.
Property Address: Vacant Land
Consideration: (The statement of a dollar amount is optional, adequate consideration for this deed will be
presumed unless this conveyance is identified as a gift. In any case,this conveyance is absolute,
final,and unconditional.)
$10.00 and other good and valuable consideration.
Reservation-Restriction: 111 the GRANTOR intends to reserve any interest in the property or to convey
less than he owns,or if the GRANTOR is restricting the GRANTEES right in the
property,make appropriate indication.)
GRANTOR reserves all mineral rights appurtenant to the property described on Exhibit A attached
hereto and the right to explore for and remove the same but without the right to enter upon or
use-the-surfaceof-said-Iarxlr,enutresbktedaraudrmaner-asta preventdamage to the surface
of said lands or to interfere with the use thereof by GRANTEE.Its successors end assigns.
Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
Executed by the Grantor on the_day of ,1998.
Signatue Clause for Corporation,Partnership or Association: Signature Clause for Individualist:
LWer Fanny Fame
Moms or(Mena:capwalm.Fm.e,wp er Awucwee Gras,
`C7nrAa..,.L6. 15 l'adtas O -hie
Ma"`"Lynn / CHERYL L. }
I FERGUSON
!!! o,ana
Atm, efi\ O�
STATE OF COLORADO I F nF 60--
COUNTY OF WELD
The foregoing instrument was acknowledged before me this th day of ""t , 1998, by Norman C. Lystar as
Tar/n!/ of Lyster Family Farms.
WITNESS my hand and official nal.
My commission expires: 7/Y/0/
Notary ic4C,ir,•/^S�J
E 1MrynCLemM rlanMYna)WLYSFEINALXOe r(W AM.paa
11111111111 IIIIII'Illlll 11111111111111 III 11111 IIII IIII
2411117 07/01/1100 09:478 Meld County CO
2 of 2 R 11.00 D 8.59 JA Sukt Toukaoto
EXHIBIT A
A tract of land being a portion of the SE'/ of Section 26,Township 6 North,
Range 65 West of the 6th P.M.,and also that portion of the NE'/4 of Section 35,
Township 6 North,Range 65 West of the 6th P.M.,County of Weld,State of
Colorado,described as follows:
Commencing at the S%4 Corner of said Section 26,said point also being the point
of beginning;thence North 00°08'19"East along the west line of said Southeast'A
of Section 26,a distance of 2464.85 feet to a point on the south line of a tract of
land as described in Book 292 Page 371;thence South 89°48'41"East and along
said south line of said Book 292 Page 371 a distance of 222.24 feet;thence South
01°49'02"East and departing said south line a distance of 3792.05 feet to a point
on the south line of the Northwest''/4 of the Northeast'A of said Section 35;thence
North 89°44'38"West and along said south line a distance of 350.98 feet to the
southwest corner of the Northwest'A of the Northeast''A of said Section 35;
thence North 00°06'34"East along the west line of the Northwest''A of the
Northeast'A of said Section 35•a•distance of 132446 feet to the point of
beginning,containing 24.953 acres more or less.
Together with all express or implied easements to the surface of the above-
described property to explore for and/or remove the minerals underlying the
surface of said property.
County of Weld,State of Colorado.
c+vrsvmmITwu:wrcwcew.rnuua&+ucu.us
11111111111 NMI Milt IN1111111 III III 111(III
2612461 03/13/1096 11:000 Wald County CO
1 of 2 R 11.00 D 6.30 JA St*l Taukawto
Special Warranty Deed
THIS DEED is a conveyance of the real property described below, including any Improvements and other
apptatenances("the property')from the individuallal,corporation(s)or other entityllss)named below as GRANTOR
to the individual's)or entitylies)named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title against
all persons claiming under the GRANTOR, except for any particular matters described below under "Additional
Warranty Exceptions",and except for any of the following matters established by the GRANTOR and evidenced
by recorded document:easements,rights-of-way,mineral grants,mineral I ,and protective covenants and
restrictions. The GRANTOR does not warrant against the lien of the general property taxes for the year of this
Deed.
The specific terms of this deed are:
Grantor: Lyster Family Farms
Grantee: Greeley-Weld County Airport Authority
Form of Co-Ownership: Of there are two or more grantees named,they will be considered to take as tenants in
common unless the words In joint tenancy"or words of the same meaning are added
D,F, in the space below.)
$9.5a Property Description: (Include county and state.)
See attached Exhibit A.
Property Address: Vacant Land
Consideration: (The statement of a dollar amount is optional, adequate consideration for this deed will be
presumed unless this conveyance is identified as a gift. In any case,this conveyance Is absolute,
final,and unconditional.)
410.00 and other good and valuable consideration.
•
Rewrvations4testrktlons: (If the GRANTOR Intends to reserve any interest in the property or to convey
less than he owns,or If the GRANTOR is restricting the GRANTEES right in the
property,make appropriate indication.)
GRANTOR reserves all mineral rights appurtenant to the property described on Exhibit A attached
hereto and the right to explore for and remove the same but without the right to enter upon or
use the surface of said lands,and restricted in such manner as to prevent damage to the surface
of said lands or to interfere with the use thereof by GRANTEE,Its successors and assigns.
•
Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
Executed by the Grantor on the_day of , 1998.
Signature Clause for Corporation,Partnership or Association: Signature Clause for Individual's):
Lola Camay Won
Nano of anew:Caoawen.PCrow.Mo Or AriOtebn ro.ft LL GIMP
MaC. " ' AS / Ir
y CHERVIL I ri Grantor
4 i FERGUSON • 4
Atom I 114b5
119~... .. %X
STATE OF COLORADO I f QF Co—�-
to
COUNTY OF WELD I
The foregoing instrument was acknowledged before me this?Th day of freaff . 1998, by Norman C. Lyster as
�M`lwl� of Lyster Family Farms.
WITNESS my hand and official jest.
My commission expires: :NM �/+� _'',,','l
Notary ccC�J��,r,; //
elwlfKUENnA POIncOMoM.Ysn.Ksc'sN.4ANLpeo
' IIlimiIIIIInlllii iiin111l111111IIIIllsIIIIIIII
2612481 05/13/1998 11,008 IWO County CO
2 of 2 R 11.00 D 0.05 JR Sukt Iwamoto
EXHIBIT A
A tract of land being a portion of the SE% of Section 26,Township 6 North,
Range 65 West of the 6th P.M.,and also that portion of the NEV.of Section 35,
Township 6 North,Range 65 West of the 6th P.M.,County of Weld,State of
Colorado,described as follows:
Commencing at the SY.Corner of said Section 26,said point also being the point
of beginning;thence North 00°08'19"East along the west time of said Southeast'A
of Section 26,a distance of 2464.85 feet to a point on the south line of a tract of
land as described in Book 292 Page 371;thence South 89'48'41"East and along
said south line of said Book 292 Page 371 a distance of 222.24 feet;thence South
01°49'02"East and departing said south line a distance of 3792.05 feet to a point
on the south line of the Northwest Y.of the Northeast'/.of said Section 35;thence
North 89°44'38"West and along said south line a distance of 350.98 feet to the
southwest corner of the Northwest'A of the Northeast Y.of said Section 35;
thence North 00°06'34'East along the west line of the Northwest'/.of the
Northeast'A of said Section 35 a distance of 1324.46 feet to the point of
beginning,containing 24.953 acres more or less.
Together with all express or implied easements to the surface of the above-
described property to explore for and/or remove the minerals underlying the
surface of said property.
County of Weld, State of Colorado.
•
carom.m,nu..anCONou.u.rsruvasc.+rw. c
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