PERMFILE42103

• Permit No: M1993041
• IBM Index Class Name: Permit File
• Doc Date: 10/7/1993
• Doc Name: SUPPLEMENTAL OWNERSHIP REPORT ON RESERVED MINERAL INTERESTS AT DOWE FLATS
• From: HOLME ROBERTS & OWEN
• To: SOUTHWESTERN PORTLAND CEMENT CO
• Media Type: D
• Archive: No

Southwestern Portland Cement Company
October 7, 1993
Page 3
2. Title Exceptions Nos. 14 and 17. Those portions of the
Reserved Interests (Title Exception Nos. 14 and 17)
reserved by Lucille K. Jones, et al. are now held of
record by Paul J. Zenobia and Frances E. Zenobia. The
instruments by which Paul J. Zenobia and Frances E.
Zenobia acquired rights in the Land are five separate
quit claim deeds having the following dates and
recording data: (1) dated September 27, 1977 bearing
Reception No. 298567; (2) dated September 27, 1977
bearing Reception No. 298569; (3) dated October 20,
1977 bearing Reception No. 298570; (4) dated October 3,
1977 bearing Reception No. 298571; (5) dated
December 23, 1977 bearing Reception No. 298572. Each
of these deeds reflects that at the time of such deeds
the Zenobias had an address of 1301 Parkview Boulevard,
Colorado Springs, Colorado 80906, [phone].
The current phone book for Colorado Springs does list a
Paul J. Zenobia at this address.
D. Limitations. This report was prepared for the purposes set
forth above and should not be relied upon for any other purpose.
Given these purposes, we believe the report is based upon
reasonable assumptions and methodologies. Nevertheless, this
letter is not a complete title opinion. The conclusions
expressed herein are based upon the Title Report and the
Abstract of Title. We have assumed that the Title Report is
correct in all material respects and that the Abstract of Title
contains all instruments filed for recording in the real
property records of Boulder County, Colorado that affect the
Reserved Interests since the date of the recording of the deeds
described on Exhibit A.
In addition, you should be aware that there are certain
irregularities in the chain of title to that portion of the
Reserved Interests reflected above in Paul J. Zenobia and
Frances E. Zenobia. For example, the legal descriptions in the
deeds into Paul J. Zenobia and Frances E. Zenobia did not
contain specific metes and bounds descriptions sufficient to
verify the exact land covered by such deeds. However, each of
such deeds stated that it was the intent of the parties to
convey all of the oil and gas and other mineral interests
reserved to the Jessie B. Kincaid Estate, which we believe is a
reference to the reservation contained in the instrument
described as item 3.a on Exhibit A. In addition, certain of the
instruments into Paul J. Zenobia and Frances E. Zenobia were
executed by parties who we believe were successors of the