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Home My WebLink About20022197.tiff RESOLUTION RE: APPROVE QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN - ROUTE 32.5 PARTNERS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Quit Claim Deed between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Route 32.5 Partners, a Colorado General Partnership, 1451 South Parker Road, Denver, Colorado 80231, with terms and conditions being as stated in said Quit Claim Deed, and WHEREAS, after review, the Board deems it advisable to approve said Quit Claim Deed, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Quit Claim Deed between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Route 32.5 Partners, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Quit Claim Deed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of August, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, CQLcO ATTEST: atetk, / Weld County Clerk to t r�B.: E _ ��` Glen d, Chair — BY: c Q David E. L g, Pro-Tem Deputy Clerk to the Bo1>,.�� M. J. eile APP AST ) //7,-e-e Ha H. J rke - n unty Attor ey Robert D. Masden Date of signature: 2/7.2 2002-2197 (id . (.4, bate 3g.5 Pet w, 4A PR0023 i= QUIT CLAIM DEED THIS DEED is made this 12th day of August , 20 02, between Weld County, Colorado, a body politic and corporate of the State of Colorado of the first part, and to the current owners, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of one dollar($1.00),and other good and valuable consideration,to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell,convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right,title, interest, claim and demand which the said party of the first part has in and to the following described two lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit Oil, gas and other minerals only, but not including sand, gravel and aggregate, under a parcel of land consisting generally situated in the NE '/ of§ 14 and under a parcel of land generally situated in the SE 'A of§ 14,both within Township 3 North,Range 67 West of the 6th P.M.,Weld County, Colorado being more particularly described in the Quitclaim Deed recorded February 18, 1995 and recorded at Book 1481,Reception #2427907 of the records of the Weld County Clerk and Recorder TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever,of the said party of the first part,either in law or equity,to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, Glenn Vaad, Chair of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 12th day of August , 20 02 , have hereunto set my hand and affixed the seal of said County this 12 th day of August , 20 02 , for the uses and purposes therein set forth. ATTEST:ILA w 'v%" COUNTY OF WELD, STATE OF COLORADO, A BODY POLITIC AND CLERK TO THE BO• ' s�::°;, 14',/!. % CORPORATE OF THE STATE OF COUNTY COMMISSI ' : COLORADO Se91861E /' BY: \ `� w `I BY: ��iG .G WLell _ Deputy Clerk to the � Glenn Vaad, Chair STATE OF COLORADO ) tL!!i1!1ll!,Ufli Ill Ilia VIII VIII III VIII IIII IIII County of Weld ) ss. 2198017719 of1 8008/.02g/20a 0.00 0 0.00 J.A. Sukl" 7sukamoto The foregoing instrument was acknowledged before me this 12th day of August 2002 ,by Glenn Vaad, as Chair of the Board of County Commissioners of the County of Weld in the State of Colorado. Witness my hand and officia.:" k rrs'••• :. day of August , A.D., 2002 My commission expires: : : DONNA J.'O M:\WPFILES\DEEDS\ � •' `••• •`•'Q.�r• �A/I L/1 _ F OF co4O / My Commksloa Expkn April 10,2004 2002-2197 Second Supplemental Drilling and Division Order Title Opinion E/2 Section 14. T3N-R67W Weld County, Colorado Page 29 REQUIREMENT No. 19: By document titled "Agreements for Sale and Purchase of Vacant land ,,.1 for Rights of Way or Easement"dated September28, 1994,recorded in Book 1462 at Reception No. /I 2409804, Ferme Farms agreed to sell a parcel of land in the NE/4 of the subject Section 14 to Weld County, Colorado for purposes of widening the county road and increasing the height of certain bridges. Subsequently, by Quitclaim Deed dated November 25, 1994, recorded in Book 1473 at Reception No. 2420664. Ferme Farms conveyed a 0.51 acre parcel of land to Weld County, Colorado. A copy of this Quitclaim Deed is enclosed herewith for your records. In addition, by document titled "Agreements for Sale and Purchase of Vacant land for Rights of Way or Easement" dated September 26. 1994, recorded in Book 1462 at Reception No. 2409805,Route 32 '/Partners agreed to sell 2 parcels of land in the E/2 of the subject Section 14 to Weld County, Colorado for purposes of widening the county road and increasing the height of certain bridges. Subsequently,by Quitclaim Deed dated February 18, 1995, recorded in Book 1481 at Reception No. 2427907,Route 32 ''/ Partners conveyed a 1.68 acre parcel of land located in the NE/4 of Section 14 and a 1.41 acre parcel of land located in the SE/4 of Section 14 to Weld County, Colorado. Neither conveyances included a mineral reservation in favor of the Grantor. Due to the decision set forth by the Colorado Court of Appeals in Farmers Reservoir&Irrigation Company v.Sun Production Company 721 P2nd 1198 (Colo. App. 1986), the above described Deeds create uncertainly as to the ownership of the mineral estate underlying the lands conveyed thereunder. However,the undersigned has assumed that the subject parcels of land were conveyed to Weld County,Colorado for right-of-way purposes only and therefore the ownership schedules set forth herein do not credit Weld County with ownership of the mineral interest under such parcels of land. Requirement: None for drilling purposes. However,prior to the distribution of the proceeds of production to Ferme Farms and Route 32'/ Partners you should confirm that the above described Quitclaim Deeds were intended to convey only the surface estate in the lands described therein. For clarity of title,Kplatteville,LLC,successor in interest to Ferme Farms, and Route 32 '/ Partners should obtain and record a Quitclaim Deed under which Weld County quit claims all of its interest in the mineral estate underlying the above described parcels of lands back to the Kplatteville, LLC and Route 32 YZ Partners. • ed 1at Reception No. 1751509, Donald K. Norgren, Donna J. Norgren and Lei h n. Trustees. conveyed to Lawrence L. Lowery and Lois Z. Lowery t, title and interest in the W/2NE/4. and SE/4 of Section 14 and"'L• s interest in oil, gas and other hydrocarbons in,on or under the prope veyed and %of the current production of the gas wells on said property. . .". ersigned has interpreted this language as a reservation in favor of the Grantors n d SE/4 of Section 14. a -Q./97 08/05/02 13:00 FAX 3531984 WELD COUNTY CLERK & REC . COINISSIONER/COU ®002 A92412107 22779p7 3g Z 1 �g �� Weld 0amty1481 P-5 Clerk/17Re5cordu4P PO 1 OF 2 DOC W QUIT CLAI4 DEW THIS DEED, Wade this /0 day of �i.`p�c( RY , 19/chatwan ROD=S 32 1/2 PAMIRS, A COLORADO ORKBPAL PARTNEMSKIP whom address is 1451 5.'Parker Road, Denver, Colorado 80231, hereinafter called ORNNTOR, whether one or more, and Weld County, whose address is P.O. Box 758, Greeley, Colorado 80632, hereinafter called COUNTY. WITNEBSETH, That the GRANTOR for in consideration of the rum of TERNR THOUSAND MINK Ilmms= RUNTY Alm n0/100 Demme ($3,980.00) and other valuable consideration, to GRANTOR in hand paid by the COUNTY, the receipt whereof is hereby confessed and acknowledged, does remise, release, sell, convey and QOITCLAIW unto the COUNTY, forever, all the right, title, interest, claim and demand which the GRANTOR has in and to the following described lot or parcels of land situate, lying and being in the County of Meld, State of Colorado, to wits • PARCEL 91 A right-of-way for road purposes, being a parcel of land situated in the NE 1/4' of Section 14, T3N, R67W of the 6th P.W. Weld County, Colorado, and being more particularly described as follows: Considering the South line of the NB 1/4 of said Section 14 as bearing N 90 00'00. 8 and with all hearing contained herein relative thereto. Beginning at the Southwest earner Of that parcel described as Tract Ii at Film 1561 Reception No. 02339894 and recorded on 7/6/93 in the office of the weld County clerk and Recorder, whence the 11/4 corner of maid Section 14 bears N 90 00'00" 246.00 feet; • Thence along the South line of the said NB 1/4 of said Section 14, S 90 00'00• • W 1175.41 feet; Thence N 00 05'47• E 44.54 feet, Thence S $9 54'13" 8 100.00 feet, Thence N 00 05'47" N 15.00 feet; Thence 8 99 54'13• N 950.12 feet to a point on a curve concave to the NW and having a radius of 50.00 feet, Thence along said curve through a central angle of 94 38'34" an arc length of 52.59 feet and laving a chord of N 42 46'30• N 73.52 feet; Thence N 04 32'47" W 137.35 feet; Thence N 83 27'13" R 22.75 feet to a point on the West line of said Tract B; hence, along the West line of said Tract B, 9 07 36'12• R 262.62 feet to the POINT OF 220210leg. Containing 1.69 acres, more or less, EXCEPTING 0.54 acres in the existing right- of-way of weld County toad 32,5. PAGE 1 OF 2 PAGES 08/05/02 13:00 FAX 3531904 WELD COUNTY CLERK & REC + COMMISSIONER/COU W003 2427907 8-1481 P-538 02/27/95 02:54P PO 2 OF 2 ASO PARCEL 42 A right-of-way for road purposes, being a parcel of land situated in the SE 1/4 of Section 14, TIN, R67W of the 6th P.M., Weld County, colored', and being more particularly described as follows, Conaidering the North line of the St 1/4 of paid section 14 as bearing N 90 00'00" R and with all bearingacontainsd herein relative thereto, Beginning at the Northeast corner of the SR 1/4 of said Section 14; thence 5 90 00'00• W 1221.41 fest along the North line of Che said SE 1/4; Thence 5 00 05'47: W 35.46 feet; Thence S B9 94'1!° 5 100.00 feet; Thence S 00 05'47' W 15.00 feat; Thence S 89 54'11' R 1124.05 feet to a point on the But line of the said 9E 1/4; Thence N 02 46'97' W 62.59 feet to the POINT OP nnflnaTING. Containing 1.41 acres, more or lees EXCEPTING 0.55 acres in the existing right- ef-way of Weld County Road 32.5. TO RAVE ANO TO SOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said GRANTOR, either in law or equity, to the only property use, benefit and behalf of WELD COUNTY. IN W1` iSS W®ayPof Cne P�QYOR, hereunto� set his hand and seal on this _y Route 3 1/2 Partners, A Colorado General Partnership . .SRI .., . 9"ri Qom' .t. AVID . L, General Partner `i.lt we aa + wTATE 0P COLORADO ) O1.' COUNTY OF WELD 1 foregoing instrument was acknowledged before me this/gbh day of ls, I j, , 19(by ROOTS 32 1/2 vmenamS, A COLORADO GENERAL PARTNERSHIP navxo qs SBNSEN, general Partner. My commission expires 7-6 , 194Z. Witness my hand and official seal. NY-11-444/1 (' Notary is PAGE 2 Oi 2 PAGES ESTHER Gesick- Page 1 From: LEE Morrison To: ESTHER Gesick Date: 8/5/02 2:04PM please place this on agenda , This is a parcel similar to the parcel addressed 2 weeks ago whereby the minerals (other than gravel) under right of way for a bridge on 32.5 were quitclaimed back to the current owner Kplatteville to resolve an oil and gas title problem. The original file was 940970 and is the Route 32 % partnership. Mr Mike McGee is the landman asking for this and the same title opinion which supported Kplatteville supports this one Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80634 (970) 356-4000 x 4395 FAX 352 0242 This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient, please reply and delete your copy of this message." CC: BRUCE Barker Hello