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;.,,cordau 1~OV ~ 199Q <br />...__...... ot~q'cl^r4~A4 <br />Asce plion ~~o. 451334 ~.:..a~„~~;,:~ <br />'rpwo„ Cnu.J„.'~io;e of i.olorad~ Recardar l <br />~s~ <br />DISTRICT COURT, PROWERS COUNTY, COLORADO <br />Case No. 87CV181 <br /> <br />FINDINGS AND DECREE <br />GEORGE H. TEMPEL, GEORGETTA L. TEMPEL, THE ESGAR CORPORATION, <br />DELMAR HOLMES, PATRICIA HOLMES, KEELING FINE FOODS, INC., <br />Individually and d/b/a MTDWESTERN FARMS, and TEMPEL & ESGAR, <br />INC., Plaintiffs. <br />vs. <br />GENE HAMMIT, DARLA HAMMIT, and EDNA E. GILLY, TRUSTEE FOR THE <br />JEDA TRUST, Defendants. <br />This matter came on for trial on July 18, 1989. The <br />Plaintiffs were represented by John S. Lefferdink, Esq. and <br />the Defendants were represented by John Gehlhausen, Esq. The <br />Court having heard the testimony and having examined the <br />evidence and the matters on file herein hereby enters the <br />following findings and decree. <br />I. FINDINGS <br />A. PROCEDURAL HISTORY <br />1. This action was commenced on November 9, 1987, by <br />Plaintiff's filing an action for Quiet Title pleading three <br />Claims for Relief. In their First Claim for Relief, Plaintiffs <br />claim that they should have quieted in them title to certain <br />premises described in lease they had with the Atchison, Topeka <br />and Santa Fe Railway Company, hereinafter called AT&SF, said <br />lease beginning on September 2, 1997. Plaintiffs further sought <br />a declaration that Defendants deed determined to have no interest <br />in the leased premises under Gene Hammit's prior lease with the <br />AT&SF, identified as Secretary's Contract No. 142882, Plaintiff's <br />Exhibit BB. <br />2. Plaintiffs' Second Claim for Relief the Court is <br />asked to quiet title in them to certain mineral interest. <br />3. Plaintiffs' Third Claim for Relief they request the <br />Court to quiet title in them to an irrigation well hereafter <br />known as Well 17 located on property owned by Richard Flores, <br />et ux, more particularly described as a Parcel 204 feet north <br />