HomeMy WebLinkAbout890207.tiff RESOLUTION
RE: APPROVE QUIT CLAIM MINERAL DEED 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 Quit Claim
Mineral Deed concerning Weld County' s right, title and interest in
and to all oil, gas and other minerals in and under the following
tract of land in Weld County, Colorado:
Township 5 North, Range 64 West, 6th P.M.
Section 13 : A 30-foot strip running along the
north and west sides of the SE*
WHEREAS , after review, the Board deems it advisable to
approve said Quit Claim Mineral Deed to John C. Nakagawa and Mary
T. Nakagawa, a copy being 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
Mineral Deed to John C. Nakagawa and Mary T. Nakagawa be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Deed.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
February, A.D. , 1989 .
of� BOARD OF COUNTY COMMISSIONERS
ATTEST: / � WELD COUNTY, COLORADO
Weld County Clerk and Recorder ����and Clerk to the Board C.W. Kir y, C irman
—- s NI+ 6\ThnOr---
BY: � c-1)c I « /
tea Lac �Tle Json, Pro-Tem
eputy County Jerk he I encuct
APPR ED AS TO FORM: ene R. Brantner (/ ' o
George Kennedy v
ounty Attorney EXCUSED
Gordon E. Lacy
890207
QUIT CLAIM MINERAL DEED
THIS QUIT CLAIM MINERAL DEED is made this 27th day of February, 1989, by and between
WELD COUNTY, COLORADO, a political subdivision of the State of Colorado acting by and through
the Board of County Commissioners of the County of Weld ("Weld County"), as Grantor; and JOHN C.
NAKAGAWA and MARY T. NAKAGAWA, individuals whose address is 29945 WCR 388, Kersey, CO
80631, as Grantees.
For $10 and other valuable consideration, WELD COUNTY does hereby sell, convey, transfer and
quitclaim unto JOHN C. NAKAGAWA and MARY T. NAKAGAWA, as joint tenants and not as tenants
in common, all of Assigor's right, title and interest in and to all oil, gas and other minerals in and under y td
the following tract of land in Weld County, Colorado:
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Township 5 North, Range 64 West, 6th. P.M. a LTC
Section 13: A 30 foot strip running along the north and west sides of the SEY+
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qIt is the intent of this instrument only to convey to Assignees any interest in the oil, gas and other minerals n
in and under the SEY< of said Section 13 which Weld County may have acquired under and by virtue of that
certain Quit Claim Deed dated December 12, 1908, recorded in Book 270 at Page 38 of the real property ZZ
records of Weld County. This deed is made without warranty of title, express or implied. r
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IN WITNESS WHEREOF, this instrument is executed as of the date first above written. w
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PURPORTED COPY 890207
CREWS & ZEREN
PETROLEUM LAND CONSULTANTS
1223 20TH AVENUE,SUITE 2
GREELEY.COLORADO 80631
(303)351-0733 GREELEY
(303)659-1110 DENVER
February 1, 1989
Mr. Tom David
County Attorney
Weld County
915 10th. Street
Greeley, CO 80631
RE: SEA-13-5n-64w
County Right-of-Way
Request for Quit Claim Mineral Deed
Nakagawa Parcel
Dear Tom:
Enclosed please find the Quit Claim Deed we recently discussed, along with pertinent pages of Pendleton
& Sabians' December 6, 1988 Drilling and Division Order Title Opinion which addresses the problem.
Rather than a disclaimer, we prefer a quitclaim mineral deed, since it will take care of the title problem
of record, not just in Gerrity's files. We have not enclosed a copy of the deed in Book 270 at Page 38,
since our copies are not fully legible.
We would appreciate your taking this to the Board as soon as possible in order that the Nakagawas may
begin receiving royalty proceeds without delay. Thanks for your help, and let me know if you have any
questions.
Regards,
William G. Crews, CPL r�X989
Attorney-in-Fact for FEB ,
The Robert Gerrity Company
NIT?
enclosures ATTCkNEY'3 C)i"r ICE
WGC/mm
890207
PENDLETON & SABIAN, P. C.
ATTORNEYS AND COUNSELORS AT LAW
JOHN F. SIMPSON, JR. SEVENTEENTH AND GRANT BUILDING TELEPHONE: (303)839-1204
SUITE 1000 TELECOPIER:(303)831-0786
303 EAST SEVENTEENTH AVENUE TWX: 910-931-0407
DENVER., COLORADO 80203
December 6, 1988
The Robert Gerrity Company
The Citadel
Suite 200
3200 Cherry Creek South Drive
Denver, Colorado 80209
Re: Drilling and Division Order Title Opinion, SE/4 of
Section 13, Township 5 North, Range 64 West, 6th P.M. ,
Weld County, Colorado
Ladies and Gentlemen:
7.ANns COVERED BY OPINION
Townsbip 5 North. Range 64 West. 6th P.M.
Section 13: SE/4
TITLE DATA EXAMTNER
1. A list of documents prepared by Ms . Cynthia A.E. Zeren
of the office of Crews & Zeren, Petroleum Land Consultants, which
are indexed in the records of Transamerica Title Insurance Company
of Weld County, Colorado and which purport to be all the documents
placed of record with respect to the lands under search from
November 19, 1987 to November 19, 1988 at 7 :45 a.m. Each document
appearing on the list prepared by Ms. Zeren was examined by
personnel of this office with the exception of deeds of trust
which appear on the list to have been released of record, entries
pertaining to the inclusion of the lands under search in special
districts and those entries appearing on the list dealing with
Weld County zoning, mobile home and subdivision regulations. In
addition, entries concerning redeemed tax sales and financing
statements were not examined.
2 . Copy of drilling title opinion dated December 10, 1987
covering the lands under search prepared by the law firm of
Cogswell & Wehrle ( "Cogswell & Wehrle Title Opinion" ) which covers
the period of time from inception of title to November 19, 1987 at
7 :00 a.m. Also included with the Cogswell & Wehrle Title Opinion
are copies of various curative instruments pertaining to the
outstanding requirements listed therein.
9902"17
The Robert Gerrity Company
December 6, 1988
Page 6
engineering practice, except for such times as
there exist neither market nor storage therefor,
and except for such limitations on or suspensions
of production as may be approved in writing by
Lessor.
23 . DEFAULT - Upon failure or default of Lessee to
comply with any of the terms and provisions hereof
including but not limited to the failure to comply
with laws, rules and regulations governing Colorado
oil and gas operations, Lessor is hereby authorized
upon notice and hearing, as hereinafter provided,
to cancel this lease as to all of the leased land
so claimed or possessed by Lessee hereunder.
31. WARRANTY OF TITLE - Lessor does not warrant
title to the leased premises, but it shall, upon
request, allow Lessee access to such abstracts and
other title papers as it has in its files.
OWNERSHIP
Tract 1: All of the SE/4 of Section 13 above described except
Tract 2 described below.
Tract 2: A 30 foot wide strip of land off the entire north and
west sides of the SE/4 of Section 13, containing 3.6 acres, more
or less.
$URFArg,
Tracts 1 and 2.:
John C. Nakagawa and
Mary T. Nakagawa, joint tenants - 100%
)LTNRRAT„S . OTT, AND GAS ONLY
Tracts 1 and 2 :
John C. Nakagawa and
Mary T. Nakagawa, joint tenants - 100%
(See Requirement No. 5, below)
PENDLETON 8 SABIAN, P. C. 8902(17
1
The Robert Gerrity Company
December 6, 1988
Page 12
does not appear that this affidavit was ever recorded in Weld
County, Colorado.
1EOUIREMENm: You should obtain the original affidavit
referred to in this requirement and record same in Weld
County, Colorado.
5. Requirement No. 5 of the Cogswell & Wehrle Title Opinion
concerned the ownership of Tract 2 . The Cogswell & Wehrle Title
Opinion lists Weld County as the owner of the oil and gas in and
under Tract 2 . Our tabulation, however, lists the owners of Tract
2 as John C. Nakagawa and Mary T. Nakagawa. We have reviewed a
quit claim deed dated December 12, 1908 and recorded January 20,
1909 in Book 270, Page 38 in which the S.L.W. Ranch Company
conveyed Tract 2 to Weld County "for road purposes only and
whenever the same ceased to be used for the purposes intended then
and in that case the same will revert to the party of the first
part, its successors and assigns . " Our interpretation of this
language is that the grantor conveyed an easement only in Tract 2
to Weld County. Our conclusion is based in part upon the Colorado
Supreme Court decision in Board of County Commissioners of Logan
County v. Morris, 362 P.2d 202 ( 1961) . It is our opinion that the
Morris. case is similar enough to the case in point so that we may
predict with reasonable certainty that if called upon to interpret
the conveyance of the grantor, the court would hold that it is a
conveyance of a right-of-way only and conveyed no interest in the
oil and gas minerals.
! WU7RENENm; None for drilling purposes . In the event
of production, you should obtain, submit for our review, and
thereafter record in Weld County, Colorado a disclaimer of
mineral interest executed by Weld County. If you are unable
to obtain a disclaimer, then we recommend that you place the
royalty interests of the Weld County Lease and Nakagawa Lease
attributable to Tract 2 in suspense until such time as the
competing parties agree as to the ownership of the oil and
gas in and under Tract 2, or same is determined by a court of
competent jurisdiction.
6 . Requirement No. 6 of the Cogswell & Wehrle Title Opinion
was advisory only.
7 . Requirement No. 7 of the Cogswell & Wehrle Title Opinion
concerns the procurement of a surface inspection. The Pfalzgraf
letter contains a copy of an affidavit executed by Brian Haley
dated January 8, 1988 pertaining to a surface inspection of the
lands under search.
890207
PENDLETON 8 SABIAN, P. C.
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