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Home My WebLink About20021945 RESOLUTION RE: APPROVE QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN - KPLATTEVILLE, LLC 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 Kplatteville, LLC, do Jack Levine and Associates, P.C., Regency Plaza One #1480, 4643 South Ulster Street, Denver, Colroado 80237, 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 Kplatteville, LLC, 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 22nd day of July, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WE COUNTY, OLO DO ATTEST: 4 __f;Q "'a �.,:1% St lenn Vaad, Chair Weld County Clerk to th:�:o1 . n _ r! EXCUSED David E. Lo , Pro-Tem BY: ��, ieil0/ Deputy Clerk to the Board AS /�.,9 Nam H. Jerke A ott rney &. Ytl,?.J Robert D.'Masden Date of signature: 2002-1945 eP." ,4p ; (79 PR0023 519 QUIT CLAIM DEED THIS DEED is made this 22nd day of July ,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 ofthe 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 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 generally situated in the NE 1/4 of§ 14 and in the NW 1/4 of§ 13, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado being more particularly described in the Quitclaim Deed recorded December 29, 1994 and recorded at Book 1473, Reception# 2420664 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 ofthe 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 22nd day of July , 20 02 ,have hereunto set my hand and affixed the seal of said County this 22nd day of July , 20 02 , for the uses and purposes therein set forth. ATTEST:/It _�D 11,' / 4 � COUNTY OF WELD, STATE OF / ' 1 COLORADO, A BODY POLITIC AND CLERK TO THE BO _:4:".' CORPORATE OF THE STATE OF '` �� COUNTY COMMIS'T• o;;;; COLORADO ,: D BY: 7,ii' IL%.�`�-..� BY: l Deputy Clerk to the Board Glenn Vaad, • ./o STATE OF COLORADO ) County of Weld ) ss. The foregoing instrument as tacknowleda efore me this o224 day of //) , 20 z 1 , by Glel Vac$KAHL ddo6the oard of County Commissioners of the Counts'of Weld in the State of Col add. y`'• , : O Witness my hand and official seal t ' f 2,L121- , A.D., 20O._ . My commission expires: My Commission Expires May 15,2006 (__ M:\WPFII FS\DEEDS\ - fri-142 I VIII/ 11111 111 11 11111 II VIII/// III 11111111111 2975519 08/06/2002 11:43A Weld County, CO 2002-1945 1 of 1 R 0.00 0 0.00 J.A. "Suki" Tsukamoto JACK LEVINE & ASSOCIATES REGENCY PLAZA ONE #1480 PROFESSIONAL CORPORATION 4643 SOUTH ULSTER STREET ATTORNEYS AT LAW DENVER, COLORADO 80237 TELEPHONE(303)694-4630 JACK LEVINE FAX(303) 694-4633 EMAIL jacklevine®eanhlink.net July 1, 2002 Lee Morrison Weld County Assistant Attorney Weld County Commissioner's Office 915 10th Street Greeley, CO 80632 Re: Kplatteville Our File No. 200-114 Dear Lee: I am writing this letter to you as the attorney for Kplatteville LLC, which is the owner of a parcel of land which we refer to as Ferme Farms. I am attaching a copy of a. drilling opinion from Kerr-McGee Rocky Mountain Corporation, which also refers to this property. Basically, what happened was that Ferme Farms agreed to sell a parcel of land to Weld County for the purpose of widening a county road. A deed dated November 25, 1994, between Ferme Farms and the county, conveyed a strip of land to the county by quitclaim deed which was recorded December 29, 1994, in Book 1473, at Page 490. The deed recites a consideration of$820.00. The deed prepared for execution by Ferme Farms did not reserve a mineral interest in Ferme Farms. Kerr-McGee is now holding up production payments until we obtain a quitclaim deed from Weld County quitclaiming its interest in the mineral estate back to Kplatteville LLC. The enclosed letter provides more and greater detail than my brief summary. Adam Buna, our landman who we use from time to time, told me that he has discussed this situation with you. He indicated to me that it is your practice that, when warranted, you would prefer to prepare the deed quitclaiming the interest back to the abutting landowner. For that purpose, I am not submitting a deed along with this letter. I will provide you with whatever documentation you require in order to be satisfied that the county was not intended to be the owner of the minerals under the quitclaimed portion of the road. Unfortunately, that was not taken care of in the original conveyance. I now have the problem of having to straighten it out. I appreciate after you have had the opportunity to review the enclosed documents if you would give me a call. This is only for the purpose of my being able to convey to my client that we are in the process of resolving this conflict and getting our production payments. Thank you for your assistance. Very truly yours, JACK LEVINE &ASSOCIATES P.C. 7. et, JL: gr End. cc: Client (w/o end.) ww3039 - 2 - JUL 10 '02 10:25AM JACK LEVINE & ASS0C P.1 JACK LEVINE &ASSOCIATES REGENCY PLAZA ONE#1480 PROFESSIONAL CORPORATION 4643 SOUTH ULSTER STREET ATTORNEYS AT LAW DENVER, COLORADO 80237 TELEPHONE(303)694-4630 JACK LEVINE FAX(303)694-4633 EMAIL:jacklevine@earthlink.net www.lawyers.com/jacklevine =Min TRANSMISSION FORM THIS FACSIMILE TRANSMISSION (INCLUDING THE DOCUMENTS ACCOMPANYING 1V MAY CONTAIN CONFIDENTIAL INFORMATION PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHERWISE PRIVILEGED AND EXEMPT FROM DISCLOSURE AND IS INTENDED FOR THE USE OF 7HE INDIVIDUAL OR ENTITY MARKED BELOW. If you are not the intended recipient, you are hereby notified that any dissemination, disclosure, copying or the taking of any action in reliance upon the content of this information is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone (collect) to arrange for the return of the documents. MESSAGE FROM: Jack Levine&Associates P.C. DATE: July 9,2002 RE: Kplatteville/Ferme Farms File No. 200-114 DELIVER THE FOLLOWING PAGES TO: NAME: Lee D. Morrison TELECOPIER NO: 970-352-0242 TELEPHONE NO: 970-356-4000 x4395 COMPANY: Weld County Attorney's NO. OF PAGES: 3 Office (including this page) COMMENTS: Lee: Attached is the deed showing Kplatteville as the current holder of the title. Jack PLEASE CHECK TRANSMISSION AFTER LAST PAGE IS RECEIVED. IF THE TRANSMISSION IS NOT COMPLETE OR POOR COPIES ARE RECEIVED, PLEASE CONTACT THIS OFFICE Brenner Operator cc: Client MUM JUL 10 '02 10:25AM JACK LEVINE & ASSOC P.2 illI i'IIlli 111$11111111111111111111111111111111111111 • 2769$41 05/22/2900 03:0811 JA Ell I Ts kimono • of I R 10.00 0 77,00 Wald County 00 • (NC SPECIAL WARRANTY DEED 'MISDEED, Moraanb lnbh dyer Hay , 2000 , bowman Perms Perms, a partnership ass Dogma,"So anl�ar•etes gal*county of Weld and Shard Colorado anntor(s),SI Rplatteville, LLC 1� x-1/I '0 wlwrinyel address it P. O. Nog 190, Platteville, Colorado $0611 of ilia County of Weld Santini Colorado ,vMn(sk WITNI&RR1'H.Thin the yaiWrii),for enlist soneWenlien of the tan of SEVEN HUNDRED SEVENTY THOUSAND AND NO/100 -DOLLAR$,1i77o,000.00 ). ea neelpl sad sufficiency of which is hereby anknewlndpd,hr granted,bargained,sad and annyal.Intl by then prw+te does yam,nstgaln,all.annoy and confirm,wan the$ms n(s),hb Sin and snips tomrer,41 in real property MOW With impruvamha,if any.amnia lying and gulag la the County of Weld ,and ache of Womb. Seigel as miawa Ise inhibit 'A' attached hereto and incorporated herein. • alsobnown by Aram nndnwnbra WCR 32 1/2 and MR 23, Platteville, CO $0151 TOUNTI l Et with all nil aftt011a the basVtaaeia sad appunenara thane belonging.a,In anywise appertaining,ad the man,]sod rarsnMni,mmainder and taeWtdnm,ton•,!saes.1W pawrde ihemuf,and Wf the untie.tight,Illla.Interim, Wolin and INNS&whautrru of f w$lwtaRD,Mist N law or agully,of,m snit to the above bargained pmmlua.with the hemdlameres and appuneniaa, • TO HAVE AND 9'O 1101.D the said promises above brp lard and deartcd.Serb Ire eppcdun nor,unto the anoints),bit Irotn red euiane fwvrw. The gmmal.),rot blalar,Ns hWel and persona nl•ertawlvef it eueeseecrr,am Wrens*and sons that he dish rd will WARRANT AND FOREVER DEFEND the abrn•bandinel pinning In Who LINN and dwraha peiairbm dr die gra terra),Nn hairs and anion,RAW WI sodomy mum or panne aa611Ing iIm whua.0 any pin thereof, by,through or under thy grenar(a). The snguler number shall hello the plural.the Anglin rigaelr,end the lea of any anew Ihell he nNdioaha to ip Pwdaa, IN WrFNtt.H WII1CRILi1P,dA0 anji!nr(a)has nasuwdtha dead gii!bugle as rwilia nr. Ekcepting and rule T•1 yg unto en. pars o the net part "Grantor lux of al right , title and intereat in gild Co 841 Ia►pear la of vh• a ever ItLnd a td' t'n r r grovel, in, under end upon or that might be produced From the herein coscTIDOG land. Farm�Ss�ji�.e,tea part 'relit Dian R. Oeadse 9neva Partner bY: i —D E 1• m Pttde� • a • Par corn *TATS OF COueRADO n. COUNTY or ADAM ) Tam..- mi l . scloyonflodged barmen.din 16th darrd May , 2000,4Doan.. . . red Zoos a. sreiaae ae mineral Partne ea of Serna P • p • rabip. (i • JANA L. o My •%�'y�.J�. n SH•'oh 79, 7002 MIMI my dead UMW • Je • L, L aro araCiaL WA•kANTY hrrii,salem PISS NRNvnna JUL 10 '02 10'26AM JACK LEVINE & ASSOC P.3 JIM IIIIk1111111111111111111111IIV1 III 1111111111111 1765841 08122/2000 03:08P a Si Ysuksmelo 2 0l 2 R 10.00 0 71,00 weld 0o101y CO NCB 32 1/2 and NCR 23 Lida+. osscs179ZON OF DIED Damp lay II. 2000 Lot A of Recorded Exemption No. 1201-14-1-5112605, recorded February 21, 2000 at Reception No. 3751618, being a part of the Beet Half of the Northeast Quarter of section 14 and the Nerthwaat Quarter o£ Section 13, Township 3 North, Range 67 West of the 6th P.N. AND A tract of land located in the Northwest Quarter of Section 13, Township 3 Worth, Range 61 West of the 6th P.N. and the Bast Ralf of the Northeast Quarter of Section 14, Township 2 North, Range 67 Nest of the 6th P.N., Weld County, Colorado and being more particularly described as follows, Beginning at the North Quarter corner of said Section 13 end considering the North line of said Northwest Quarter to bear south 89'20.10' Etat and with all other bearings eontainded herein relative thereto; Thence South 01'57'37' past, 1373.94 Lest along the East line Of said Northwest Quarter; thence South 68'02'23' Nest, 70.06 feet to tho centerline of a drainage ditch; thence along the centerline of said drainage ditch and its southerly extension by the following six 161 courses; 1.1 south 07'20'11' east, 236.09 feet; 2.1 South 03'43'47' West, 133.60 feet, 3.) South 10'19'S4" West. 141.86 feet; 4.1 South 16'54'03' Nest, 261.71 feet; 5.1 South 13'36'14' West, 597.31 feet; 6.1 South 00'80'14' Nest, 52.40 feet to the south line of said Northwest • Charter: thence North 89'56'26' West, 2347.65 feet along the South line of said Northwest Quarter to the Weet Quarter corner of said Section 13; thence North 89'50'30' West, 46.00 fest along the South line of the.Northeast Quarter of sa14 section 14 to the existing centerline at Weld County Road 23, thence along the existing centerline of Weld-County Road 33 by the following nine 191 courses, 1.1 North 02'07.35' Nest, 182.41 feet: 2,1 149.60 foot along the arc of a curve to the left whose radius is 1287.74 feet, central angle is 8'82'51", tangent Si 100.00 tees end when sherd sears North 06'34'01' West, 199.40 feet, 3.1 North 11'00'26' Nest. 187.11 feet; 4.) 399.58 feet along the arc of a curve to the right whose radius le 3564.64 feet, central angle is 6.24'64". tangent is 200.00 feet and whose chord bears North 01'47'59' West, 399.37 foot, 5.) North 04'35'32' West, 211.77 Feet, 6.1 398.13 feat along the are of a curvy to the right whose radius is 1683,50 feet, central angle le 13'33'00', tangent is 200,00 feet and whose chord bears North 02'10'S6' West, 397.21 feet; 7.1 North 05.57.25' East, 211.20 feet: S.) 299.25 test along the are of a curve to the left whole radius is 1732.79 feet, central angle is 09'53'42", tangent is 150.0 feet and whose chord bears North 04'00'37" Last, 296.68 feet: 9.) North O'S4'1e' Want, 602.12 feet to a point on the North line of the Netthweet quarter et *aid section 12, from which point the Northwest corner of said Section 11 lies North 89'20'10' West, 8.00 feet; thence south 69'20'10' salt, 2631.32 feet along the north lino of said Northwest Quarter to the point of beginning, County of Weld, State Of Colorado Purchase price Co included all of the sand and gravel rights. Mks U04IVlaoo s KERR-MCGEE ROCKY MOUNTAIN CORPORATION 1999 BROADWAY•SUITE 3600•DENVER,COLORADO 60202 PRONE:3)3/296-3600 FAX:303/2963601 February 11, 2002 Kplatteville, LLC c/o Jack Levine & Associates 4643 S. Ulster Street, Suite 1480 Denver, CO 80237 RE: Title Requirement T3N-R67W, Sec. 14 Weld County, Colorado Ladies and Gentlemen: The title opinion prepared on November 27, 2001, identifies a Quitclaim Deed from Ferme Farms to Weld County that did not contain mineral reservation language. To ensure title to the minerals, you should obtain a deed from Weld County, wherein it quit claims all of its interest in the minerals under the originally-conveyed tract of land. A copy of the title requirement is enclosed for your review. I appreciate your assistance. Please let me know if you have any questions or concerns. Sincerely, 6 • 2:2&N /2 01C Erin J. Langdon Division Order Analyst i enclosure FED ' P c. Second Supplemental Drilling and Division Order Title Opinion E12 Section 14, T3N-R67W Weld County. Colorauo Page 29 REOL'IREMENT No. 19: By document titled "Agreements for Sale and Purchase of Vacant land ` , for Rights of Way or Easement"dated September 28, 1994,recorded in Book 1462 at Reception No. ' 1 2409804, Ferme Farms agreed to sell a parcel of land in the NE/4 ofthe 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 ''/2 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 321/2 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 V2 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 '/2 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 Y Partners. • • ed - 1 at Reception No. 1751509, Donald K. Norgren, Donna J. Norgren and Leigh en, Trustees. conveyed to Lawrence L. Lowery and Lois Z. Lowery t, title and interest in the W/^_NE/4. and SE/4 of Section 14 and "1/2 s interest in oil, gas and other hydrocarbons in on or under the prope veyed and `L of the current production of the gas wells on said property. . .". ersigned has interpreted this language as a reservation in favor of the Grantors y d SE/4 of Section 14. APR-17-02 WED 11 :51 AM WELD COUNTY TITLE CO FAX NO. 970 352 0642 P. 02/03 att2,4206,IN QUITCLAIM DEED THIS DIiET),Made this ZS day of A4yc.la I,dr .194between FERME FARMS, A PAX:NKRSIIMP whose adbes is P.O.Box 368,Platteville,Colorado 80651 hereinafter called GRANTOR,whether one or more, and WeId County,whose address is P.O.Box 758,Greeley, Colo uio 50632,hereinafter called COUNTY. WITNESSF.TI I, That the (iMANTOR for in consideration of the sum of EIGI IT IIUNDRF,D TWENTY-61(111T AND NO/100 DOLLARS ($828.00) and other valuable c,ia'ideretion,to GRANTOR in hand paid by the COUNTY,the receipt whcxwf is hereby confessed and acknowledged,does remise,rcicwce,sell,convey and QUITCLAIM unto the COUNTY,forcvtx, 511 the right,title,interest,claim and demand which the GRANTOR has in and to the following dsciTircd lot or parcel of land situate,lying and being in the County of Weld,State of Colorado,to wit: RICil'r or WAN' T PAR CEI-rNp,4 zt AUl2.13 CO11Nfy 11RHX;f:32.5/21➢ -F.r1Na1M:ccnteTIONconmart Of' WAYACQUfS1TION Ai "° of land suavaj in U,. NEINofSxdon14 and in the NW1/4ofScotion13, 11N,R67W, of the 6th P.M.,Weld County,Colorado,and being moo particularly described as follows: Crr idcring the South line of the NE 1/4 of said Section 14 es bearing S 90'00'00"W and with all • he.ringr,contained herein relative thereto. flog nuiiip,at ten Southeast cone of the NE 1/4 of Grid Section 14,thence S 90.00'00"W 46.00 feet to the SW comer of that parcel described as Parcel R at Film 1551 Reception No.02339894 and reeo;k ci on 7/6/93 in the office of the Weld County Clerk and Recorder; Thence,along the West line of the said Parcel B,N 07'36'12"W 252.62 feet; I hence N 85°2713"E 57.25 feet; Thence S 04.32'47"E 151.96 fret,to a point on a curve concave to the coil/most and having a radius of 50.00 feet; PAGE I OF 2 PAGES 247nAtA t1-1473 P-4% r2/29J94 03t53P I4 1 OF 2 RYS 00C Weld County CO Clerk & Recorder 0.00 APR 7 ^•n7 • JACK I ccu 4'- ≤ AssocrArES P.C. 2C . 0. 0 .32. L; 2420664-1994 . 301 • APR-17-02 WED 11 :52 AM WELD COUNTY TITLE CO FAX NO. 970 352 0642 P. 03/03 • net ice along w id curve through a central angle of 65.21'26"an arc length of 74.49 feet and laving a chord of S 47'13'30"E 67.79 feel;Thence S 89.54'13"E 39.23 feet; Thence S 00.05'47"W 15.00; Thrace S 89'54'13'1: 100.00 feet; Thence S 00'05'47"W 42.18 feel more or t`ss to a point on the South line of the said NW 1/4 of Scctir.n 13; Thence S 90'0O00"W 178.59 feet to the POINT OI'BEGINNING CoMt:ning 0.51 Bens more or less,EXCEPTING 0.11 Baas in the existing right-of-way of Weld County Road 32 1/2. TO HAVE AND TO 11O1,1) the same, together with all and singular the oppurlcnances and pi ivileges thereunto belonging or in anywise thcrennto appertaining,and all the estate,right,title, intcrca and claim whatsoever,of Oa said GRANTOR,c;ncer in law or equity,to the only property use,Mike fit and bchal f of WI Sl.D COUNTY. WITNESS W I WExt:O , the GRANTOR.,has hewn=set his hand and stmt on this 4- `day of ,a9 Perrone FFarms,>a Partnership .~ lX:m focduker / ti c STATE O1:COLORAu)O ) •r )`S R COUNTY O WELD ) The fc regoinf instrununt was acknowledged before tut this lS`tla of r Wit ME FARMS, APARTNRI:SHIl' by DEAN 1iOE6pKIiR. Y ..�lLtr„tnth`�'19Lby My cnrr;mis.ion expires tom.t'rrl;:,¢ :"D tA.;J official seal. -- —'.--• 19.__. Witness my hand and 7Y1:/.a "^•SQo;ary PublicIN 6 .— PAGE 2OP2PAGES lfi tyO'fARYtN : st�'U$L1�' io . OF CO` SEED I"PN 10. 3 . 0 . lr.1 Yi 2.425664-1994 . :02 Hello