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Home My WebLink About962189.tiff DISTRICT COURT, WELD COUNTY, COLORADO ,""' ?3 Case No. 96 CV 384 Division I Cl `-'I:( TC, T1 SUMMONS IN CONDEMNATION GREELEY-WELD COUNTY AIRPORT AUTHORITY, Plaintiff, v. LYSTER FAMILY FARMS, a Colorado Limited Partnership, ARTHUR L. WILLIS, H, Weld County Treasurer, THE WELD COUNTY COMMISSIONERS, GERRITY OIL & GAS CORPORATION, a Delaware corporation, FEDERAL LAND BANK OF WICHITA, DENNIS MUNDT, THE EATON BANK, THE WELD COUNTY PUBLIC TRUSTEE, THE INTERNAL REVENUE SERVICE, UNION PACIFIC RAILROAD COMPANY and all :i An 'vi l zrsm—_s who may have or claim any interest La the .^,object matter of this actic , Respondents. THE PEOPLE OF THE STATE OF COLORADO: TO THE ABOVE-NAMED RESPONDENTS: You are hereby informed that this is a special statutory proceeding brought pursuant to Colorado Revised Statutes, §§ 38-1-101 through 122. This summons is being issued pursuant to C.R.S. § 38- 1-103. Any objection concerning the legal sufficiency of the petition in condemnation or the regularity of this proceeding must be raised by you as provided by C.R.S. § 38-1-109. At the immediate possession hearing, the court may authorize the petitioner to take possession of and use the property described in the petition in condemnation pursuant to C.R.S. § 38-1-105(6)(a). Subsequent to the immediate possession hearing, 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. C.R.S. § 38-1-103. This is an action in eminent domain as set forth in the Second Amended Petition in Eminent Domain, a copy of which is attached hereto and made a part hereof. Also attached hereto is Petitioner's Motion for Leave to File Second Amended Petition in Eminent Domain with Recitations of Authority and an Amended Motion for Immediate Possession. ( 962189 ('(/p 1 O DATED this / 7 day of September, 1996. DOYLE, OTIS, FREY & HELLERICH, LLC Attorneys for Petitioner 1812 56th Avenue Greeley, Colorado 80634 Telephone: (970) 330-6700 Fax: (970) 330-2969 By: Fred L. Otis, #7343 C.\WP60\CLIEN AIRPORTCONDEMLYSTERVSUMMONS.CON V DISTRICT COURT. WELD COUNTY, STATE OF COLORADO FpC°'tutr 9.6 szp Case No. 96 CV 384 Division I '� p4* : S J due' AMENDED MOTION FOR IMMEDIATE POSSESSIO 1 GREELEY-WELD COUNTY AIRPORT AUTHORITY, Petitioner, v. LYSTER FAMILY FARMS, a Colorado Limited Partnership, ARTHUR L. WILLIS, II, Weld County Treasurer, THE WELD COUNTY COMMISSIONERS, GERRITY OIL & GAS CORPORATION, a Delaware corporation, FEDERAL LAND BANK OF WICHITA, DENNIS MUNDT, THE EATON BANK, THE WELD COUNTY PUBLIC TRUSTEE, THE INTERNAL REVENUE SERVICE, UNION PACIFIC RAILROAD COMPANY and all unknown persons who may have or claim any interest in the subject matter of this action, Respondents. PETITIONER, by and through its attorneys, DOYLE, OTIS, FREY & HELLERICH, LLC, by Fred L. Otis, moves this Honorable Court for entry of an Order of Immediate Possession, pursuant to Colorado Revised Statutes, § 38-1-105(6), as amended, authorizing and permitting the Petitioner to take and retain possession of and to use the property interests described in the Second Amended Petition filed in this proceeding during the pendency of this proceeding and until its final conclusion. The Petitioner requests that the date of possession be the date the existing crop is removed from the field, but not later than December 1, 1996. Petitioner further moves that this Court determine the amount of money Petitioner is to pay into the Court, or to the Registry of the Court, pursuant to law. As grounds for this Motion, the Petitioner states that it is necessary and urgent for the public convenience and necessity that Petitioner have immediate possession of the said lands to commence construction of the Greeley-Weld County Airport Authority expansion project. DATED this /7day of September, 1996. DOYLE, OTIS, FREY & HELLERICH, LLC Attorneys for Petitioner 1812 56th Avenue Greeley, CO 80634 Phone: (970) 330-6700 Fax: (970) 330-2969 By: Fred L. Otis, #7343 CERTIFICATE OF MAILING • I hereby certify that on this 14 day of September, 1996, a true and correct copy of the foregoing AMENDED MOTION FOR IMMEDIATE POSSESSION was placed in the United States Mail, postage prepaid, and addressed to: Clyde A. Faatz, Jr., Esq. HAMILTON & FAATZ, P.C. Attorneys for Respondent Lyster Family Farms 1600 Broadway, Suite 500 Denver, Colorado 80202 Mark Hanson, Esq. Union Pacific Railroad Company 1516 Dodge Street, Room 830 Omaha, Nebraska 69179 DISTRICT COURT, WELD COUNTY, STATE OF COLORteDON »JEL" BOUNTY C)MSINED CnittRT[ • Case No. 96 CV 384 Division I SECOND AMENDED PETITION IN EMINENT DOMAIN (CONDEMNATION) 19m JUDIL,AL utST. GREELEY-WELD COUNTY AIRPORT AUTHORITY, Petitioner, v. LYSTER FAMILY FARMS, a Colorado Limited Partnership, ARTHUR L. WILLIS, II, Weld County Treasurer, THE WELD COUNTY COMMISSIONERS, GERRITY OIL & GAS CORPORATION, a Delaware corporation, FEDERAL LAND BANK OF WICHITA, DENNIS MUNDT, THE EATON BANK, THE WELD COUNTY PUBLIC TRUSTEE, THE INTERNAL REVENUE SERVICE, UNION PACIFIC RAILROAD COMPANY and all unknown persons who may have or claim any interest in the subject matter of this action, Respondents. PETITIONER, Greeley-Weld County Airport Authority, by and through its attorneys DOYLE, OTIS, FREY & HELLERICH, LLC, by FRED L. OTIS, for its Second Amended Petition In Eminent Domain (Condemnation) pursuant to C.R.C.P. 15(a), C.R.S. § 38-1-104, and this Court's Order dated September 3, 1996, states as follows: 1. Petitioner is a public airport authority established pursuant to the "Public Airport Authority Act", Colorado Revised Statutes, 1973, § 41-3-101, et seq. Petitioner's principal place of business is at the Greeley-Weld County Airport (the "Airport"), Post Office Box 727, Greeley, CO 80632. 2. The Petitioner has determined the need to carry out an airport expansion project at the Airport for the purpose of expanding the Airport by adding a north-south runway (the "Project"). 3. The Petitioner has determined that it is necessary, in connection with the Project, to acquire the property described on Exhibit A, exclusive of the 1996 crop but, including the water rights described on Exhibit A (together, the "Property"). 4. This action does not include the acquisition of the ownership of mineral interests, but does include all express or implied easements for access to the surface of the Property to explore for and remove the mineral interests and specifically this action includes the removal of existing oil and/or gas wells on the surface of the Property, if any. 5. Lyster Family Farms is the surface owner of the Property and has an ownership interest int he minerals underlying the Property. 6. Arthur L. Willis, II, Weld County Treasurer, is named as a party to this action pursuant to the requirements of C.R.S. § 39-3-134 and this Court's Order dated September 3, 1996. 7. The Board of County Commissioners of the County of Weld, State of Colorado, may hold an interest in the Property pursuant to the provisions of C.R.S. § 30-28-101(10)(c)(II) inasmuch as this action may result in the creation of a parcel of land less than thirty-five (35) acres in size. 8. Federal Land Bank is the holder of a deed of trust ..gainst the Property dated April 7, 19c6 and recorded April 7, 1996 in Book 564 as Reception No. 1486436 of the Weld County Clerk and Recorder's records. 9. The Eaton Bank is the holder of a deed of trust against the Property dated September 15, 1995 and recorded October 6, 1995 in Book 1514 as Reception No. 2458675 of the Weld County Clerk and Recorder's records. The Weld County Public Trustee is the Trustee under said deed of trust. 10. Dennis Mundt may claim an interest in the property by virtue of a lease on the Property. 11. The Eaton Bank may have a security interest in the Property under a Financing Statement recorded April 11, 1995 as filing number U260695 of the Weld County Clerk and Recorder's records. 12. The Internal Revenue Service may have an interest in the Property by virtue of a Federal Estate Tax Lien recorded DerPmber 12, 1994 in Book 1471 as Reception No. 2418829 of the Weld County Clerk and Recorder's records. 13. Union Pacific Railroad Company is the successor to the Denver Pacific Railroad and Telegraph Company and has a right of way for railroad purposes as reserved in an instrument recorded April 29, 1870 in Book 1 at Page 540 of the Weld County Clerk and Recorder's records. 14. Gerrity Oil & Gas Corporation, a Delaware corporation, as successor to Coors Energy Company and Newport Exploration, Inc., is named as a party by virtue of the Development Standards as shown on the Map of Use by Special Review recorded June 11, 1986 in Book 1116 as Reception No. 2056873 of the Weld County Clerk and Recorder's 2 . ........ .... records, and by virtue of an oil and gas lease recorded November 15, 1979 in Book 887 as Reception No. 1809333 of the Weld County Clerk and Recorder's records. 15. Certain unknown persons may have an interest in the Property which this Petitioner has not been able to identify nor locate. 16. No persons, other than those referred to in paragraphs 5 through 15 above, have any interest in the Property. 17. The Petitioner has the right of eminent domain and this action is brought under the provisions of Colorado Revised Statutes, 1973, § 38-1-101, a seq. 18. That Petitioner has made diligent efforts in good faith to secure the Property by purchase but has been unable to do so, because the Petitioner and the Property owner cannot agree on the amount of compensation to be paid for the taking. 19. The Property is not presently used for any public purpose. 20. It is necessary that the Petitioner be permitted to enter immediately upon the Property and to take possession thereof, pendente lite, for the purpose of reconstruction, surveying, and preparation of the Property for the project on the Airport. Since the Property is currently being farmed, Petitioner requests that possession of the Property be transferred on the date the crop is harvested and removed, but not later than December 1, 1996. 21. The Petitioner is ready, willing and able to deposit in the Registry of the Court such sum of money, as may be determined by the Court to be necessary and proper for the protection of the Respondents upon the entry of the Order for immediate possession of the Property. WHEREFORE, Petitioner prays: A. That Petitioner have judgment condemning the fee interest in the Property and access through the surface to the minerals for the described purposes and uses, upon payment of compensation to the Respondent, Lyster Family Farms, or to that Respondent and the other parties in interest as provided by law, and for a Rule and Order granting fee ownership of the Property to the Petitioner. B. That the Court determine the proper deposit to be made by the Petitioner with the Court for the taking of immediate possession of the Property, and that the Court enter a Rule and Order of Immediate Possession authorizing the Petitioner, and its contractors, agents, servants, and employees to enter into, and without interference or hindrance from the Respondents, or any person or persons claiming by, through or under the Respondents, to take and retain possession of the Property and the surface access to the mineral interests. 3 C. That the compensation to be paid the Respondents for the Property, exclusive of the 1996 crop, be determined in the manner provided by law. D. For such other and further relief as the Court may deem just and proper. DATED this r`7 day of September, 1996. DOYLE, OTIS, FREY & HELLERICH, LLC Attorneys for Petitioner 1812 56th Avenue Greeley, CO 80634 Phone: (970) 330-56700 Fax: (970) 330O-2969 p By: / !�—c_cam%' Fred L. Otis, #7343 CERTIFICATE OF MAILING I hereby certify that on this / =1f day of September, 1996, a true and correct copy of the foregoing SECOND AMENDED PETITION IN EMINENT DOMAIN (CONDEMNATION) was placed in the United States Mail, postage prepaid, and addressed to: Clyde A. Faatz, Jr., Esq. HAMILTON & FAATZ, P.C. Attorneys for Respondent Lyster Family Farms 1600 Broadway, Suite 500 Denver, Colorado 80202 Mark Hanson, Esq. Union Pacific Railroad Company 1516 Dodge Street, Room 830 Omaha, Nebraska 69179 4 A tract of land being a portion of the SETA 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 51/a Corner of said Section 26, said point also being the point of beginning; thence North 000 08' 19" East and along the west line of said Southeast 1/4 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 890 48' 41" East and along said south line of said Book 292 Page 371 a distance of 222.24 feet; thence South 010 49' 02" East and departing said south line a distance of 3792.05 feet to a point on the south line of the Northwest '/a of the Northeast 1/4 of said Section 35; thence North 890 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 000 06' 34" East along the west line of the Northwest '/a of the Northeast IA of said Section 35 a distance of 1324.46 feet to the point of beginning, containing 24.953 acres more or less. EXCEPT ALL MINERAL RIGHTS. County of Weld, State of Colorado. WATER RIGHTS 16.95 units of Northern Colorado Water Conservancy District (NCWCD) 2.35 shares New Cache La Poudre Irrigating Company 2.35 shares Cache La Poudre Reservoir Company 0.39 shares Windsor Reservoir and Canal Company 0.29 shares The Union Lateral Irrigating Company EXHIBIT A DISTRICT COURT, WELD COUNTY, STATE OF COLORADO Case No. 96 CV 384 Division I AFFIDAVIT WITH REGARD TO UNKNOWN INTERESTED PERSONS GREELEY-WELD COUNTY AIRPORT AUTHORITY, Petitioner, v. LYSTER FAMILY FARMS, a Colorado Limited Partnership, ARTHUR L. WILLIS, II, Weld County Treasurer, THE WELD COUNTY COMMISSIONERS, GERRITY OIL & GAS CORPORATION, a Delaware corporation, FEDERAL LAND BANK OF WICHITA, DENNIS MUNDT, THE EATON BANK, THE WELD COUNTY PUBLIC TRUSTEE, THE INTERNAL REVENUE SERVICE, UNION PACIFIC RAILROAD COMPANY and all unknown persons who may have or claim any interest in the subject matter of this action, Respondents. YOUR AFFIANT, Fred L. Otis, on behalf of Petitioner, Greeley-Weld County Airport Authority, upon oath, deposes and states 2.s follows: 1. That persons interested whose names are unknown may be made parties defendant by the description of the unknown owners pursuant to C.R.S. § 38-1-102(1). 2. That search has been made of the public records of Weld County, Colorado, to determine all persons who have an interest in the subject matter of this litigation. 3. That certain unknown persons may have or claim to have an interest in the subject matter of this litigation and such interest or claimed interest may not be part of the public record. FURTHER AFFIANT SAYETH NAUGHT. /ems 7/1/91 Fred L. Otis STATE OF COLORADO ) ) ss. COUNTY OF WELD ) t/ Subscribed and sworn to before me this /- (!iday of September, 1996, by FRED L. OTIS. ," • "` "' '1 `Notary'Public My commission expires: lq i4, ( CERTIFICATE OF MAILING I hereby certify that on this / iJ/i day of September, 1996, a true and correct copy of the foregoing AFFIDAVIT WITH REGARD TO UNKNOWN INTERESTED PERSONS was placed in the United States Mail, postage prepaid, and addressed to: Clyde A. Faatz, Jr., Esq. HAMILTON & FAATZ, P.C. Attorneys for Respondent Lyster Family Farms 1600 Broadway, Suite 500 Denver, Colorado 80202 Mark Hanson, Esq. Union Pacific Railroad Company 1516 Dodge Street, Room 830 Omaha, Nebraska 69179 C.\WP60\CLIENlW RPORT\CONDEM\LYSTER\AFHDAVI.FLO DISTRICT COURT WELD COUNTY STATE OF COLORADIt 0 3r .y E; ' ' ,>HaiNt 0 C_7,HUNT JR ic Case No. 96 CV 384 Division I 96 Sip j7 P2 . � 5 PETITIONER'S MOTION FOR LEAVkgrO FHE SECOND AMENDED PETITION IN EMINENT DOMAIINAWITLir, RECITATIONS OF AUTHORITY GREELEY-WELD COUNTY AIRPORT AUTHORITY, Petitioner, v. LYSTER FAMILY FARMS, a Colorado Limited Partnership, NEWPORT EXPLORATION, INC., FEDERAL LAND BANK OF WICHITA, DENNIS MUNDT, THE EATON BANK, THE WELD COUNTY PUBLIC TRUSTEE, UNION PACIFIC RAILROAD COMPANY and THE COORS ENERGY COMPANY, Respondents. PETITIONER, Greeley-Weld County Airport Authority, by and through its attorneys DOYLE, OTIS, FREY & HELLERICH, LLC, by FRED L. OTIS, moves this Honorable Court for leave to file a Second Amended Petition in Eminent Domain, and in support thereof states as follows: 1. The Amended Petition on file in this matter is captioned as above stated. 2. The Amended Petition fails to refer to certain parties who are essential to the litigation and should have been identified in the Amended Petition in Eminent Domain. The parties who should have been identified are as set forth in the proposed Second Amended Petition in Eminent Domain, which is attached hereto. 3. By Order dated September 3, 1996, this Court ordered the addition of the Weld county Treasurer to this action. All other added parties are or may be interested in the subject matter of this litigation. Newport Exploration, Inc., and the Coors Energy Company should be dismissed from this action since the successor to their interests in the property has been determined and located. 4. Rule 15 of the Colorado Rules of Civil Procedure states: . . . a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. 5. Section 38-1-104 of the Colorado Revised Statutes states: . . . amendment to the petition or to any paper or record in the cause may be permitted whenever necessary to a fair trial and final determination of the questions involved. Should it become necessary at any stage of the proceeding to bring a new party before the Court, the Court has the power to make such rule or order in relation thereto as may be deemed reasonable and proper . . . 5. Justice requires that the requested amendment be made, and said amendment is necessary to a fair trial and final determination of the questions involved. WHEREFORE, Petitioner requests this Honorable Court grant its Motion for Leave to File Second Amended Petition in Eminent Domain. DATED this /7 day of September, 1996. DOYLE, OTIS, FREY & HELLERICH, LLC Attorneys for Petitioner 1812 56th Avenue Greeley, CO 80634 Phcae: (970) 330-56700 Fax: (970) 330-2969 By: T� c / c_ Fred L. Otis, #7343 C:\WP6O\CLIPN A RPORICONDEM\LYSTER\MIN-LVE.FIL 2 CERTIFICATE OF MAILING I hereby certify that on this /4i day of September, 1996, a true and correct copy of the foregoing PETITIONER'S MOTION FOR LEAVE TO FILE AMENDED PETITION IN EMINENT DOMAIN WITH RECITATIONS OF AUTHORITY was placed in the United States Mail, postage prepaid, and addressed to the following: Clyde A. Faatz, Jr., Esq. Christopher J.W. Forrest, Esq. 1600 Broadway, Suite 500 Denver, Colorado 80202 Mark Hanson, Esq. Union Pacific Railroad Company 1516 Dodge Street, Room 830 Omaha, Nebraska 69179 /. C:\WP6O\CLIENNT\AERPORTCONDEM\LYSTER\MTN-LVE.FIL 3 DISTRICT COURT, WELD COUNTY, STATE OF COLORADO Case No. 96 CV 384 Division I SECOND AMENDED PETITION IN EMINENT DOMAIN (CONDEMNATION) GREELEY-WELD COUNTY AIRPORT AUTHORITY, Petitioner, v. LYSTER FAMILY FARMS, a Colorado Limited Partnership, ARTHUR L. WILLIS, II, Weld County Treasurer, THE WELD COUNTY COMMISSIONERS, GERRITY OIL & GAS CORPORATION, a Delaware corporation, FEDERAL LAND BANK OF WICHITA, DENNIS MUNDT, THE EATON BANK. THE WELD COUNTY PUBLIC TRUSTEE, THE INTERNAL REVENUE SERVICE, UNION PACIFIC RAILROAD COMPANY and all unknown persons who may have or claim any interest in the subject matter of this action, Respondents. PETITIONER, Greeley-Weld County Airport Authority, by and through its attorneys DOYLE, OTIS, FREY & HELLERICH, LLC, by FRED L. OTIS, for its Second Amended Petition In Eminent Domain (Condemnation) pursuant to C.R.C.P. 15(a), C.R.S. § 38-1-104, and this Court's Order dated September 3, 1996, states as follows: 1. Petitioner is a public airport authority established pursuant to the "Public Airport Authority Act", Colorado Revised Statutes, 1973, § 41-3-101, et seq. Petitioner's principal place of business is at the Greeley-Weld County Airport (the "Airport"), Post Office Box 727, Greeley, CO 80632. 2. The Petitioner has determined the need to carry out an airport expansion project at the Airport for the purpose of expanding the Airport by adding a north-south runway (the "Project"). 3. The Petitioner has determined that it is necessary, in connection with the Project, to acquire the property described on Exhibit A, exclusive of the 1996 crop but, including the water rights described on Exhibit A (together, the "Property"). 4. This action does not include the acquisition of the ownership of mineral interests, but does include all express or implied easements for access to the surface of the Property to explore for and remove the mineral interests and specifically this action includes the removal of existing oil and/or gas wells on the surface of the Property, if any. 5. Lyster Family Farms is the surface owner of the Property and has an ownership interest int he minerals underlying the Property. 6. Arthur L. Willis, II, Weld County Treasurer, is named as a party to this action pursuant to the requirements of C.R.S. § 39-3-134 and this Court's Order dated September 3, 1996. 7. The Board of County Commissioners of the County of Weld, State of Colorado, may hold an interest in the Property pursuant to the provisions of C.R.S. § 30-28-101(10)(c)(II) inasmuch as this action may result in the creation of a parcel of land less than thirty-five (35) acres in size. 8. Federal Land Bank is the holder of a deed of trust against the Property dated April 7, 1966 and recorded April 7, 1996 in Book 564 as Reception No. 1486436 of the Weld County Clerk and Recorder's records. 9. The Eaton Bank is the holder of a deed of trust against the Property dated September 15, 1995 and recorded October 6, 1995 in Book 1514 as Reception No. 2458675 of the Weld County Clerk a:d Recorder's records. The Weld County Public Trustee is the Trustee under said deed of trust. 10. Dennis Mundt may claim an interest in the property by virtue of a lease on the Property. 11. The Eaton Bank may have a security interest in the Property under a Financing Statement recorded April 11, 1995 as filing number U260695 of the Weld County Clerk and Recorder's records. 12. The Internal Revenue Service may have an interest in the Property by virtue of a Federal Estate Tax Lien recorded December 12, 1994 in Book 1471 as Reception No. 2418829 of the Weld County Clerk and Recorder's records. 13. Union Pacific Railroad Company is the successor to the Denver Pacific Railroad and Telegraph Company and has a right of way for railroad purposes as reserved in an instrument recorded April 29, 1870 in Book 1 at Page 540 of the Weld County Clerk and Recorder's records. 14. Gerrity Oil & Gas Corporation, a Delaware corporation, as successor to Coors Energy Company and Newport Exploration, Inc., is named as a party by virtue of the Development Standards as shown on the Map of Use by Special Review recorded June 11, 1986 in Book 1116 as Reception No. 2056873 of the Weld County Clerk and Recorder's 2 records, and by virtue of an oil and gas lease recorded November 15, 1979 in Book 887 as Reception No. 1809333 of the Weld County Clerk and Recorder's records. 15. Certain unknown persons may have an interest in the Property which this Petitioner has not been able to identify nor locate. 16. No persons, other than those referred to in paragraphs 5 through 15 above, have any interest in the Property. 17. The Petitioner has the right of eminent domain and this action is brought under the provisions of Colorado Revised Statutes, 1973, § 38-1-101, et seq. 18. That Petitioner has made diligent efforts in good faith to secure the Property by purchase but has been unable to do so, because the Petitioner and the Property owner cannot agree on the amount of compensation to be paid for the taking. 19. The Property is not presently used for any public purpose. 20. It is necessary that the Petitioner be permitted to enter immediately upon the Property and to take possession thereof, pendente lite, for the purpose of reconstruction, surveying, and preparation of the Property for the project on the Airport. Since the Property is currently being farmed, Petitioner requests that possession of the Property be transferred on the date the crop is harvested and removed, but not later than December I, 1996. 21. The Petitioner is ready, willing and able to deposit in the Registry of the Court such sum of money, as may be determined by the Court to be necessary and proper for the protection of the Respondents upon the entry of the Order for immediate possession of the Property. WHEREFORE, Petitioner prays: A. That Petitioner have judgment condemning the fee interest in the Property and access through the surface to the minerals for the described purposes and uses, upon payment of compensation to the Respondent, Lyster Family Farms, or to that Respondent and the other parties in interest as provided by law, and for a Rule and Order granting fee ownership of the Property to the Petitioner. B. That the Court determine the proper deposit to be made by the Petitioner with the Court for the taking of immediate possession of the Property, and that the Court enter a Rule and Order of Immediate Possession authorizing the Petitioner, and its contractors, agents, servants, and employees to enter into, and without interference or hindrance from the Respondents, or any person or persons claiming by, through or under the Respondents, to take and retain possession of the Property and the surface access to the mineral interests. 3 C. That the compensation to be paid the Respondents for the Property, exclusive of the 1996 crop, be determined in the manner provided by law. D. For such other and further relief as the Court may deem just and proper. DATED this p-,7 day of September, 1996. DOYLE, OTIS, FREY & HELLERICH, LLC Attorneys for Petitioner 1812 56th Avenue Greeley, CO 80634 Phone: (970) 330-56700 Fax: (970) 330-2969 By: /. ' Fred L. Otis, #7343 CERTIFICATE OF MAILING I hereby certify that on this (-d/i day of September, 1996, a true and correct copy of the foregoing SECOND AMENDED PETITION IN EMINENT DOMAIN (CONDEMNATION) was placed in the United States Mail, postage prepaid, and addressed to: Clyde A. Faatz, Jr., Esq. HAMILTON & FAATZ, P.C. Attorneys for Respondent Lyster Family Farms 1600 Broadway, Suite 500 Denver, Colorado 80202 Mark Hanson, Esq. Union Pacific Railroad Company 1516 Dodge Street, Room 830 Omaha, Nebraska 69179 4 A tract of land being a portion of the SE?a of Section 26, Township 6 North, Range 65 West of the 6th P.M., and also that portion of the NEN 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 5'/. Corner of said Section 26, said point also being the point of beginning; thence North COo 08' 19" East and along the west line of said Southeast 14 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 890 48' 41" East and along said south line of said Book 292 Page 371 a distance of 222.24 feet; thence South 010 49' 02" East and departing said south tine a distance of 3792.05 feet to a point on the south line of the Northwest ?4 of the Northeast 1/4 of said Section 35; thence North 890 44' 38" West and along said south line a distance of 350.98 feet to the southwest corner of the Northwest 14 of the Northeast Y of said Section 35; thence North 000 06' 34" East along the west line cf the Northwest 1/4 of the Northeast '/. of said Section 35 a distance of 1324.46 feet to the point of beginning, containing 24.953 acres more or less. EXCEL'i ALL MINERAL RIGHTS. County of Weld, State of Colorado. WATER RIGHTS 16.95 units of Northern Colorado Water Conservancy District (NCWCD) ",.35 shares New Cache La Poudre Irrigating Company 2.35 shares Cache La Poudre Reservoir Company 0.39 shares Windsor Reservoir and Canal Company 0.29 shares The Union Lateral Irrigating Company EXHIBIT A DISTRICT COURT, WELD COUNTY, STATE OF COLORADO Case No. 96 CV 384 Division I ORDER GREELEY-WELD COUNTY AIRPORT AUTHORITY, Petitioner, v. LYSTER FAMILY FARMS, a Colorado Limited Partnership, NEWPORT EXPLORATION, INC., FEDERAL LAND BANK OF WICHITA, DENNIS MUNDT, THE EATON BANK, THE WELD COUNTY PUBLIC TRUSTEE, UNION PACIFIC RAILROAD COMPANY and THE COORS ENERGY COMPANY, Respondents. THIS MA 1'I'ER, having come on to be heard on Petitioner's Motion for Leave to File Second Amended Petition in Eminent Domain with Recitations of Authority, THE COURT, having reviewed said Motion and believing that justice requires the requested amendment be made, and that said amendment is necessary to a fair and final determination of the questions involved, DOES HEREBY GRANT Petitioner's Motion for Leave to File Amended Petition in Eminent Domain with Recitations of Authority. DATED this day of September, 1996. BY THE COURT: William L. West District Court Judge C::WP6O\CL[EMMIRPORTCONDEM\LYSTER\ORD-NTN.LVE Hello