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Home My WebLink About20212763.tiff LE0291 Per MineraiWare in April 2021 PDC - " I ' ve located the title opinion in reference to the SW 7N - 65W- 26 and copied the pertinent pages attached for your review . It appear the 30 ' strip of land located off the south side of the SW consisting of 1 . 82 ac is the subject lands and had ownership discrepancies which stems back to a quit claim deed dated September 14 , 1907 and continued throughout additional conveyances which the attorney describes . The title opinion references these lands to be within Tracts 10 - 12 and subject to a Bayswater lease recorded at 3759194 but notes the legal description appeared to be incomplete . The mineral interest to the lands were credited to the adjacent land owners . " 2021 -2763 4. Fee Simple or Easement - Tracts 10-12. By a quitclaim deed dated September 14, 1907 and nxarded September 26, 1907 in Book 250, Page 216, C.O. Jackson conveyed to Weld County "a strip of land Thirty (30) feet in width off the entire South Side of the South-west quarter- (SW )" for road purposes only (Easement No. 1 ). The deed also provides that the strip of land will re vat to the grantor if the property ceases to be used as a road. This 30-foot wide strip affects Tracts 10- 12. Subsequent conveyances of Tracts 1 0- 12 vary in their treatment of this strip of land. Some conveyances include the strip in the lands conveyed, some except it as a right of way and others except it as a strip of land. The Recorded Exemptions covering Tracts 10- 12 depict this strip of land as being owned by the adjacent landowners. This strip of land is 1 .85 acres, more or less. It is not clear whether this conveyance created an easement or a fee interest in the strip of land_ In Fanners Reservoir & Irrigation Company v. 11111, et al ., 721 P241 1198 (Colo_ App. 1986), the Colorado Court of Appeals established the following tac ors for determining whether a document conveyed an casement or fee simple title: 59 COTO2O27 CO Great Western Oil and Gas Company, LLC February 15, 2012 1 . The intent of the parties will govern, although there is some law stating that ambiguities will be construed in favor of' the grantee. 2. A deed is presumed to grant fee title unless a lesser estate is specified, pursuant to C.R..S. §38- 30-107. 3 . Deed granting a "strip of land" indicates a grant of fee simple, rather than a "strip of ground" which indicates an easement. 4 The clause granting ingress and egress describes the granted interest as y "land" unless it states that ingress and egress are for the purpose of maintaining a road,ditch,pipeline or other structure 5_ A warranty deed containing no exceptions indicates a grant of fee simple. 1 1 ' 6. A grant that is"forever"rather than conditioned upon continued use for a specific purpose(such as an irrigation canal or electric transmission line) i indicates a grant of fee simple. , 7. A description in the deed which is not definite enough to deternune the exact boundaries of the land subject to the conveyance indicates a conveyance of only an easement. S. A deed which refers to a"right-of-way"or an "easement" indicates the grant of an easement. 9_ A coin eyance"through,over and across"indicates an easement 10. A conveyance which states the purpose of the grant is for construction and t ' maintenance of a pipeline,transmission line or other facility indicates a conveyance of an easement € 11_ The amount of consideration paid can be a factor(i e.,whether the amount paid is nominal or equal to the value of the land, or whether it is f equivalent to damages in condemnation and the grantee is limited by i statute to condemn only an easement 12_ A conveyance which states that the grantor retains rights in the"residue" t of the land indicates conveyance of an easement p Because the conveyance was a quitclaim "for mad purposes only", the consideration was nominal (S1.00) and the reversion to the grantor upon nonuse as a i mad,v.,e believe that this conveyance is more likely a right of way than a fee simple y interest However,our determination is only speculative and a colorable argument could fi Ibe made in favor of a fee simple conveyance_ Bayswater Exploration and Production, u LLC obtained a lease from Weld County covering this 30-foot wide strip of land dated i March 9,2011 and recorded March 30,2011 at Rec No.3759194(Lease No 30). We jnote that the legal description in this lease appears to be incomplete and does not t j specifically state which side of the SW',4_ Based upon our interpretation, we have i scheduled this lease as not covering any interest in the 30-foot wide strip of land. In t addition,although subsequent deeds of lands in Tracts 10-12,have excepted the 30-foot E wide strip from the description of the lands conveyed,we have assumed that these deeds i would be construed to convey the minerals underlying the right-of-way adjacent to the lands conveyed. _ r i Great Western Oil and Gas Company,LLC February 15,2012 REQUIREMENT~ You may wish to hold any proceeds attributable to this 30-foot wide strip of land in suspense until the below requirements are met (1) If you wish to eliminate the possibility that Weld County owns an interest in the 30- foot wide strip running along the South line of Tracts 10-12, you should obtain and record a quitclaim deed from Weld County to the adjacent land owners covering mineral interests in the strip of land described above. ' (2) In addition,because Bayswater Exploration&Production,LLC has obtained a lease from Weld County, it is possible that they would take the position that Weld County owned the strip of land in fee simple,and any conveyance of this strip by the County to the adjacent land owners is made subject to Bayswater's oil and gas lease(Lease No 30) Therefore, you should also enter into an agreement with Bayswater Exploration & Production,LLC as to the mineral interest,if any,covered by Lease No 30 If you agree that Lease No 30 does cover a portion of the minerals,then the division of interest in this opinion will need to be revised accordingly. QUIT ULAIII DEED—Thu Out'Oat Printing mad atctNuarr Camp n,Caloraaa Sod=C.I. — Xo IA"PI --/ ----===—="-=== Cbis Deed, .dt(uio tTwv. .!e"_ _- ..... .day of_ E:GX,�e�c e~W_ __- QUIT-CLAIM DEED 171,the yew of ova Lour one thousand tune lauubwZ aud._,Lv_n•L_e/p44_ — _ -__ - =M .kee.-©_ L...,f274 _ between.-. - -- - -— - -- ---- TO t Cse.ct / ——_ ?'c of the County of_41-0' 4t!__ ----- - _and State of Cohn ado,of the pat pall, a� O STAID OP COLORADO, ss ) - - - --- -.f-'�C�� o-- ti L-—------ -._ ---- --- ---- -------- eovvrr is,WELD. •/ TMs Quit Claim Deal/roue filed for reran!at e.`e'e/hwk/�J�.1I_/. - 196 - -------- --- ------ --- - - - - ---- ------ --- - -—___—__ ia�mdm of the Gatndya;___ _—- _ _ __ and State of Colorado,of the second pas t Deput! I Tr1TNESSETII, That the said part_,.of the first past, fm and in consuloratton of the sum.of_ _�_ .e2....) ....':/e a_ __ _ _ _ _ __- to the soul pas t- _.nf the f7 st pat t to hand paul by the said pas d of the secondpas I, the receipt whet cof is his shy confessed awl aclnwuledbcd, luZ-4Grenblsed, released, sold, convoyed and QUIT--C L]LED.and by these presents d0 &4em se,release,sell,corny and QUIT-CZdLdf unto the sait pan -.of the second past a4...,e/41.4:c(ra and assigns fos ever,all the 7 ig u', tbtto, tutor est, claim tend demand winch the said pas t- _of the flftst part ha_eZ_ n, and to the falloning described_ -cy?actor_ __— _— _ mtms ete, tyuba and bang tab the Countytbf Weld and State of Colorado, 1 to-wit �i a7.tr .�ll scae cifiv. y(.f O1 �cc"t.rrrr/�.a-o Pt e [a _- _ —ii ,1_,,,,;,-.�z 4,4 7*, G'/,,,UJ - - - - -_ ' ,dv ,740 .,;(1.:Li./..e.e...'",4,.i..aems/tv.Z.L.-Le;s/ i O.0 t�(So-.aG.t/dIt�e aoa e �.G+tr..4�.G2,,.tc. �ieG✓ to ��e4GA. rli:d t L d,..;L .. ``e ,i ty-,.�i.rnv..,Ace?%�•,�� 2r-,r e,�,c�LG 7,r-2.21-e-,..ca� -t - ) - .. ., 1'0 Sd YE 4.-VD TO HOLD THE SAME, Together wet&all and aen$mlar the uppta tertanuca mut modeller 111.e7eunto holougrag or at anywise thus canto eppertatning,and all the estate,,tight,toile,bate;rat and claim whratsoevcr,of the said pea& e of the first part, either to ken 07 erytaty,to the only propel use, benefit and bolwof of the raid part'_of the,second pas 1,41.(ecr-aereJceesSia d assigns for wet laY 1PTIWESS WHEREOF, The said pc t._of the fist part bite ltato:od set. _Turin anti SubL.the day and year first above written. f STONED SELLFD 4250 OELTFOODO EVER-MICR OF STATE OF COLORADO, ��QQy y,,��•7�� afi aD� D O- '/ -..„tl6-ai�,L�. ..CY.r e p1G[�-— _—____ 1 .�/� _...6- -.assns rtG__..._Ate l Z'etfrGir� v__._in and for said County, in the State aforesaid,do hereby ea Hfy tlutt___ _ _� ,Y/_ �Q -_-_-_W .e tsT.e_..ert____pe,woolly lniyus to me..i�f,Ce_the person-whose norm v-subscribed to the ", ,--deed,appeared before Me this day in person and acknowledged that_--.e2(/___signet(,sealed and delivered the said instrument of as sting as. 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