The URL can be used to link to this page

Browse Search

Home My WebLink About870988 RESOLUTION RE: APPROVE QUIT CLAIM DEED TO MILLAGE BROTHERS, INC. CONCERNING MINERAL INTERESTS LOCATED IN PART OF THE N}SW} , SECTION 3 , TOWNSHIP 5 NORTH, RANGE 64 WEST, AND AUTHORIZE CHAIRMAN TO SIGN 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 request to disclaim any rights which it may have in the mineral interests located in the NISW* , Section 3 , Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, and WHEREAS , said land was conveyed to Weld County by Quit Claim Deed dated December 4 , 1899 , for road purposes only and did not acquire the right to any mineral interests, and WHEREAS, a title opinion has been given showing title in the surface and mineral estates in the name of Millage Brothers, Inc. , and WHEREAS, after study and review, the Board deems it advisable to approve the Quit Claim Deed conveying all mineral interests the Board may have to the present owner, Millage Brothers, Inc. , 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 for the hereinabove mentioned parcel, conveying all mineral interests the Board may have to Millage Brothers, Inc . , be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Quit Claim Deed. • 870988 Page 2 RE: QUIT CLAIM DEED - MILLAGE BROTHERS, INC. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 27th day of July, A.D. , 1987 . BOARD OF COUNTY COMMISSIONERS µ • ATTEST: % c/w1 ` WELD COUN efrO DO Weld County Clerk and Recorder i' and Clerk to the Board Gor ac , irman , / BY: / 1 //(//Y AI.S.a� -m l� �� J C. irby, Pry m Deputy County Clerk APPROVED AS TO FORM: Gene R. Brantner CIOa--1 ) -)ae.0 / ' County Attorney Frank Yamaguchi 870988 Recorded at o'clact Reception No_ Recorder. • • THIS DEED, Made this 27th day of July ,1987 , • between Weld County, Colorado, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, of the County of Weld and state of Colorado,of the first part,and Millage Brothers, Inc. , c/o Bruce Millage, • I I whose legal address is 22744 Weld County Road 59, Kersey, Colorado 80644 of the County of Weld and state of Colorado,of the second part, Fl trl WITNESSETH,That the said party of the first part,for and in consideration d@tifan iltra GOOD AND O 1._, VALUABLE CONSIDERATION kY#1₹-n to the said part y of the first part in hand paid by the said party of the second part,the receipt whereof m O1 is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by these 3 SV presents does remise,release,sell,convey and QUIT CLAIM unto the said party of the second part, its heirs, iz successors and assigns,forever,all the right,title,interest,claim and demand which the said party of the first part I11.< o has in and to the following described lot or parcel of land situate,lying and being in the County j'. by [J of Weld and State of Colorado,to wit: Any and all minerals lying beneath a strip of z land 30 feet wide off the north side of the North Half (Ni) , Southwest Quarter co h] m (SWU) of Section 3, Township 5 North, Range 64 West of the 6th P.M. , Weld County, ti C tr Colorado. Pzi tno • H zo n co sin • N Cdr] tD O trJir. • 7z1 o PI o • L-4 WIWOM tAIUMENXI±a.CMttd KJIWNMX n 0 l� TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto I belonging or in anywise thereunto appertaining, and all the estate,right,title,interest and claim whatsoever,of the n g said part y of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of 0 r the second part, its heirs and assigns forever. IN WITNESS WHEREOF,The said part y of the first part has hereunto set its hand and seal the day nd yea. ,first ahoy"written. ll/1 WELD COUNTY, COLORADO, A BODY ATTEST: ii�j �� aAlt.,v CORPORATE AND POLITIC OF THE (SEAL] Weld County Clgrk and Recorder STATE OF COLORADO, BY AND THROUG1SEAL] j and Clerk to the Board THE BOARD OF COUNTY COMMISSIONERS I OF WELD COUNTY SEAL] ; By: � ,Cl r t 117.‘ Deputy County C1 rk BYt �- sEAL]STATE OF COLORADO, oo man � ss. County of Weld-- - The foregoing instrument was acknowledged before me this �17 (LI day of J Li(Y 19b'7,by Gordon E. Lacy, on behalf of Weld County, Colorado, a body corporate and _ politic of the State of Colorado, by and through the Board of County Commissioners of My co mmissiotrYexpires O..ust(„f 7 ,19 1/.Witness my hand and official seal. vJ st Notary Public. i. #1 0I Il Q l L aUCV • it • ? I I No.933.QUITCLAIM DEED.—Bradford Publishing Co..1821-16 stout Street,Denver,Colorado(573-50111-9/77 9 PURPORTED COPS' } FR mtmORAnDuf i Board of To County Commissioners Date July 22 , 1987 COLORADO From Bruce T. Barker, Assistant County Attorney Quit Claim Deed for Millage Brothers , Inc. , subieet: Concerning Mineral Interests in the NISW* , Section 3 , T5N, P64W Attached please find a letter dated June 26 , 1987 , from Mr. Duane Haley. Mr. Haley has asked the Board of County Commissioners to convey to Millage Brothers , Inc. , all mineral interests lying beneath a strip of land 30 feet wide off the north side of the North Half , Southwest Quarter of Section 3 , Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado. Weld County received the strip of land by Quit Claim Deed dated December 4 , 1899 . Conveyance was made for "road purposes only. " Therefore , in accordance with the case of Board of County Commissioners of the County of Logan v. Morris , 147 Colo. 1 , 362 P.2d 202 (7961) , the County received only an interest in the surface of the strip of land. The County did not acquire any right to the minerals . Mr. Haley has provided us with a title opinion showing title in the surface and mineral estates in Millage Brothers , Inc . Mr. Haley is asking Weld County to execute the Quit Claim Deed so as to resolve any doubt as to the ownership of the minerals lying beneath the strip of land in favor of Millage Brothers . RECOMMENDATION: I recommend that the Board authorize the Chairman' s signature on the Quit Claim Deed for the mineral interests lying beneath the strip of land 30 feet off the north side of the North Half, Southwest Quarter, Section 3 , T5N, R64W. Bruce T. Barker Assistant County Attorney BTB: ss 870988 i,. ( , i. t? i4e, Avg _ OFFICE OF COUNTY ATTORNEY PHONE(303)3564000 EXT. 4391 \V P.O. BOX 1948 GREELEY,COLORADO 80632 i • COLORADO July 7 , 1987 Mr. Duane Haley First Interstate Tower South 621 17th Street , Suite 915 Denver, CO 80293 RE: Recuested Quit Claim Deed Conveying the Minerals Underlying the North 30 Feet of the North } Southwest * Only of Section 3 , Township 5 North, Range 64 West of the 6th P .M. , Weld County, Colorado Dear Mr. Haley: This letter is in response to your letter dated June 26 , 1987 , wherein you requested that Weld County give a Quit Claim Deed to Icillage Brothers , Inc. , conveying the minerals underlying the L.orth 30 Feet of the North § Southwest n Only cf Section 3 , Township 5 North, Range 64 West of the 6th P .M. , Weld County, Colorado. I have seen a copy of the Quit Claim Deed dated December 4 , 1899 , which was recorded in Book 130 , Page 299 . In that Quit Claim Deed, the Platte Land Company conveyed to Weld County a strip of land 30 feet wide off the North side of the North } South 4 of Section 3 , Township 5 North, Range 64 West. As is stated in your letter, the conveyance was made for road purposes only. I will advise the Board of County Commissioners of Weld County to grant your request for a Quit Claim Deed to Millage Brothers , Inc . , if you can show us evidence that Millage Brothers currently owns all the surface and mineral rights underlying the North. 30 Feet of the North § Southwest r Only of Section 3 , Township 5 North, Range 64 West. Please send such evidence to: Bruce T. Barker, Assistant Weld County Attorney, P. O. Box 1948 , Greeley, Colorado 80632 . The Board of County Commissioners will wait to take any action on your request until we have received such. evidence from you. If you should have any questions on comments concerning this letter, please feel free to call me at 356-4000 , Ext. 439/1 . �n erely, --i/ mac__, iu�--�.._ ( -------_ Bruce T. Barker Assistant County Attorney BTB:rm rm 870988 4- . Duane Haley Certified Professional Landman First Interstate Tower South Oil and Gas Properties 621 17th Street,Suite 915 Denver,Colorado 80293 Office (303)296-0707 June 26, 1987 Board of County Commissioners Weld County JUL 6 1987 P.0.Box 758 Greeley, Colorado 80632 GREELZA. (Co c;.. Re: Right of Way Weld County, Colorado Gentlemen: By Quit Claim Deed dated December 4, 1899, recorded in Book 130, Page 299, the Platte Land Company conveyed to Weld County a strip of land 30 feet wide off the north side of the N}S} of section 3, Township 5 North, Range 64 West Weld County, Colorado. Even though the conveyance was made for road purposes only and contains reverter language, under current Colorado law, the deed may have passed a fee interest in minerals to Weld County. Millage Brothers, Inc. , is currently the owner of all the surface and mineral rights under said lands. We recently took an oil and gas lease from them. We would like to obtain a quitclaim deed from Weld County into Millage Brothers, Inc. conveying the minerals underlying the north 30 feet of the N}SWi only of section 3, Township 5 North, Range 64 West Weld County, Colorado. I know that Weld County has conveyed quitclaim deeds to the adjoining owners of lands covered by such deeds. Please advise if this policy is still in effect and what needs to be done to acquire same. In the absence of said quitclaim deed we will need to acquire an oil and gas lease from Weld County to protect our leasehold interest. Very truly yours, Duane Haley / i9?O9Ss f / r Hello