HomeMy WebLinkAbout850014.tiff AK2026714
B 1086 REC 02026714 09/30/85 16: 02 $0. 00 1/001
F 0405 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RESOLUTION
RE: AUTHORIZATION FOR CHAIRMAN TO SIGN QUIT CLAIM DEED TO RONALD
AND ANN GERBERDING
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, Weld County did convey a certain parcel of land
without reserving the mineral interests, and
WHEREAS, said parcel of land is located on the Si of Section
33 , Township 5 North, Range 67 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, in order to completely convey said mineral
interests, the Board deems it necessary to sign a Quit Claim Deed
to Ronald and Ann Gerberding in order to deed the mineral
interests for the above mentioned parcel.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Chairman of the
Board be, and hereby is, authorized to sign a Quit Claim Deed to
Ronald and Ann Gerberding concerning the parcel hereinabove
mentioned.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
September, A.D. , 1985 .
'i y/ e1 BOARD OF COUNTY COMMISSIONERS
ATTEST: r,ti WELD COUNTY, COLORADO
( t.
weld Cou:et}� ffl&rlf'aid-- tecorder
and Clerk „too tbeyBo a u ine J h son, Chairman
\�CJ(kit
,\ �j� ,�Y'L'�ii./i`�
�gy; � -Ge R. Bra er, Pro-Tem
D Put; County rk
APPROVED S TO FORM: C.C . K1 /
C
( Gor c . C .
r
County Attorney
F nk Yam guch'
/ /, / 1 f'e"
// .,
/ 4L '' F 850014
Recorded at o'clock_M.,
Reception No Recorder.
Recorder's Stamp
THIS DEED, Made this 25th day of September
19 85 ,between WELD COUNTY, COIDRADO, a political
subdivision of the State of Colorado,
of the County of Weld ,State of
Colorado,of the first part, and RONALD GERBEBDING and
AM P. GERBEBDING,
whose legal address is 8029 Weld County Road 50,
Johnstown, Colorado 80111,
of the County of Weld and State of
Colorado,of the second part:
WITNESSETH,That the said party of the first part,for and in consideration of the sum of
TEN DOLLARS ($10.00) and other good and valuable consideration
to the said part y of the first part in hand paid by the said parties of the second part,the receipt
whereof is hereby confessed and acknowledged,ha s remised,released,sold,conveyed and quit
claimed, and by these presents do es remise,release,sell,convey and quit claim unto the said
parties of the second part,their heirs and assigns forever, not in tenancy in common but in joint
tenancy, all the right, title, interest and demand which the said part y of the first part
has in and to the following described lot or parcel of land situate, lying and
being in the County of Weld and State of Colorado,to wit:
All oil, gas and other minerals lying in and under, and which
may be produced from, those lands described in Exhibit "A"
attached hereto and made a part hereof.
B 1086 REC 02026715 09/30/85 16: 18 $0. 00 1/002
F 0406 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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,
unto the said parties of the second part, their heirs and assigns forever, not in tenancy in
common but in joint tenancy.
IN WITNESS WHEREOF,The said party of the first part has hereunto set its
hand and seal the_da�y� and year first above written.
ATTEST: +cAA 4.tz t� WELD COUNTY, COLORADO
Weld County erk and Recorder and
Clerlatiloard
C AIRMAN, OARD 0 OUNTY COMMISSIONERS
By tnGt—n -C2d [SEAL]
ty County- Cler
// STATE OF COLORADO, l
ss.
County of WELD JJ
The foregoing instrument was acknowledged before me this day of
19 85,by
My commission expires
WITNESS my hand and official seal.
Notary Public.
No.962. QUITCLAIM DEED.—ToJoinl Tenants. Bradford Publishing Co.,Denver,Colo. 11-78
PURPORTED COPY
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EXHIBIT "A"
Attached to and made a part of that Quit-Claim Deed between
Weld County, Colorado and Ronald GerbPrding and Ann P.
('4nrh0rding, joint tenants, dated September 25 , 1985.
I Legal Description: y,
IPart of the Southwest Quarter (SW/4) of Section Thirty-three :r
I (33) , in Township Five (5) North, of Range Sixty-seven (67) West
of the Sixth (6th) P.M., Weld County, Colorado, being more
particularly described as follows:
' Beginning at the Southwest corner of said Section Thirty-three
(33) and considering the West line as bearing North 00'00'00•
I East with all bearings contained herein relative thereto;
I Thence North 21°44'15' East, 81.00 feet to a point on the
Easterly right-of-way line of County Road #17 said point being ?
I
the TRUE POINT OF BEGINNING;
Thence North 00°00'00' East, 182.01 feet to the centerline of the
Mosier-Williams Ditch; y ;;
i I Thence along said Ditch by the following two courses and
distances: .
South 84°01 '32' East, 140.29 feet;
South 68°48'41' East, 85.49 feet to the approximate West
I right-of-way of County Road;
I ° Thence along the arc of a curve to the right whose radius is i= 5-
899.49 feet and whose long chord bears South 20°52' 18' East, ".-r
I ? 194.38 feet;
+ Thence along the North right-of-way line of County Road #50,
i South 89°58'40" West, 246.07 feet;
Thence North 43°10'27" West, 62.00 feet to the TRUE POINT OF
t BEGINNING.
mEmORAnDUm
1119€ Board of
7o County Commissioners _ oats September 24 ,__1985
COLORADO From Bruce T. Barker, Assistant County_Attorney_
sabjecr Quit Claim Deed of the Mineral Interests.__
Under 1 . 2 Acres to Ann and Ron Gerberding
Mayers and Company has asked the Board of County Commissioners to
execute a Quit Claim Deed covering the mineral interests lying in
and under 1 .2 acres which was originally included in a 6 .8 acre
tract leased by Mayers and Company. I advise the Board to
authorize Jackie' s signature on the Quit Claim Deed.
The reasoning behind my advise is this:
Weld County originally purchased 6 .8 acres for a storage yard and
to straighten WCR 17 , about one-half mile north of Johnstown, on
March 5 , 1956 . The County purchased this tract from Mr. and Mrs.
Robert L. Smith. On June 6 , 1956 , the Board resold approximately
three-quarters (3/4) of one acre from the original 6 .8 acre tract
to Mr. John Moser, Jr. It appears that the three-quarter (3/4)
acre parcel sold to Mr. Moser was never surveyed and should have
been 1. 2 acres. In 1980 , the Board had the 1 . 2 acres surveyed.
The Board then Quit Claim Deeded the 1 .2 acres to Donna R. Moser,
the personal representative of Mr. Moser' s estate. The Board did
not reserve any of the mineral interests in the 1 .2 acres.
Therefore, the Board was left with approximately 5 . 6 acres in the
original tract.
In January, 1985 , Mayers and Company leased the mineral interests
under the entire 6 . 8 acre tract. It appears that Mayers and
Company did not recognize the fact that the Board had only 5 .6
acres to lease. The Board executed an amendment to the lease on
February 27 , 1985 , and thereby allowed Mayers and Company to
include the Board's leased acreage in a pooling arrangement. In
figuring out the percentages of pooled interests, Mr. Jim Bosik,
Attorney for Mayers and Company, realized that the Boards mineral
interests were in only 5 .6 acres. The 1 .2 acres which were Quit
Claim Deeded to Donna Moser in 1980 have been sold to Ann and Ron
Gerberding. Mayers and Company now wishes to obtain definite
documentation showing that the Gerberdings definitely own the
mineral interests in the 1 .2 acres. The Quit Claim Deed serves
that purpose.
t
11>_1(1-1'
'Truce T. Barker
Assistant County Attorney
BTB:rm
LAW OFFICES
PETER J.WALL BURNS, WALL, SMITH AND MUELLER TELEPHONE
303 830-7000
GREGORY W.
MUELLER LH SUITE 600 -0
GEORGE B.DELBRIGEG • OF COUNSEL
JAN 8. L A.
WE-GRAHAM 303 EAST SEVENTEENTH AVENUE THOMAS M.BURNS
MICHAEL MAXWELL THOMAS J.FILES
JAMES E.80T1H DENVER,COLORADO 80203 FRANK H.HOUCK
JAMIEUTER
JAMES P.ROUSE
STEVEN F.MUELLE
R
LYNN R.CARDEY-YATES
T.ROBERT G.COSGROVE 12, 1985
JOSEPH G.ROSANIA ANIA
Bruce T. Barker, Esq.
Weld County Attorney' s Office
P.O. Box 1948
Greeley, Colorado 80632
Re: Township 5 North, Range 67 West, 6th P.M.
Section 33 : S/2
Weld County, Colorado
Dear Bruce:
Enclosed for your review is a Mineral Quit Claim Deed
which we hereby request Weld County to properly execute,
acknowledge and record. This is based upon my understanding
that the County is making no claim to the mineral estate in
that portion of the captioned lands covered by the Deed. I
realize that this is a rather small tract , but Mayers & Company
would like to be sure that the correct landowner is being paid
the applicable portion of, royalties in present and future oil
and gas production affecting the subject tract. As you know,
the County owns a separate 5 .597-acre tract in the captioned
lands , and the enclosed Deed does not affect said tract in any
manner.
Your cooperation in this matter is greatly appreciated.
If you have any questions , please feel free to contact me.
Very truly yours ,
BURNS , WALL, SMITH AND MUELLER
�d
Byames E. Bosik
JEP/rm
Enclosure
cc : Mayers & Company ; c
Attention: Lawrence M. Mayers , President
AUG 1 3 1985 I'
"!_D COUNTY
RNEY'S G ,,_
CJ. 907 Recorded at 1.,,,/ / oclock .......—P JUN g 6 1900
•
1.828'03% ir12,4,,~=le�c:.catiw
Rec. No. 0 -6r,
RESOLUTION /—/
0 Stale of Colorado, Weld County Clerk & Recorder
RE: AUTHORIZATION FOR CHAIRMAN TO SIGN LEGAL DOCUMENTS WHICH
CORRECT LEGAL DESCRIPTION ERROR CONCERNING THE JOHN L.
c>. MOSER PROPERTY.
o WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
o Rule Charter, is vested with the authority of administering the
n affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has been informed
cJ
vi that an error in the legal description concerning the John L.
0
' Moser property has been made, and
WHEREAS, a new legal description has been prepared concern-
,;0
` - ing said property, and
-s
- WHEREAS, the Board deems it advisable to authorize the chair-
man to sign all legal documents which correct the legal description
error concerning said property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Chairman of the
Board of County Commissioners be, and hereby is , authorized to
sign all legal documents which correct the legal description
error concerning the John L. Moser property.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
April, A.D. , 1980.
'-4-) '`T '.• . BOARD OF COUNTY COMMISSIONERS
ATTEST: t Id i''• "l'WI.% I `.' ".'C ti.r'1 WELD COUNTY, . COLORADO
Weld;County Clerk and Recorder /'. // 7 IV (Aye)
and Clerk to the Boa d C. W. Kirby, Chairman
....By:_ .° 111--N) (i_.!!1_i'lb,.jL'c._A Vv< c,<et_�. (Aye)
L.._. Deputy County Clerk j Leonard L. Roe, Pro-Tem
//
/ (\� >21—0-r,•.� C.it o "-- (Aye)
APPROVED AS TO FQRM: - Norman Carlson
port O ----e" 1 _ (Aye)
•
County Attorney Dunbar ,
lc
Cit
qne K. Stei mark
V
DATE PRESENTED: APRIL 16, 1980
1' . . , ,, C
viooK / i0 APR i 19E0
t--, � Recorded at (_/T i17 r),I FI„t•�Q ht _ -- __a
`�. I uui.ptiun Nu -Wheel. ti _ .Ir0H.+.-i 2'J<Fr.,i yy Recorder.
Weld County, Colorado-4e'
i rillllSDEED, Made this 16th day of April ,I9 80Q
;
f
between Weld County, Colorado, a body corporate and politic
Co-
of the County of Weld and state of
o Colorado,ofthefirstpart,and to Donna R. Moser, as Personal Representative
of the Estate of John L. Moser, Deceased
o whose legal address is 8029 Weld County Road 450 , Johnstown, Colorado 80534
of the County of Weld and state of
ri
Colorado,of the second part,
,_I W ITNESSETII,That the said part y of the first part,for and in consideration of the sum of
C) GOOD AND VALUABLE CONSIDERATION DOLLARS,
C) to the said part y of the first part in hand paid by the said party of the second part,the receipt whereof
'3 is hereby confessed and acknowledged, ha S 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, his heirs,
successors and assigns,forever;all the right,title,interest,claim and demand which the said party of the first part
r-� ha S in and to the following described lot or parcel of land situate,lying and being in the County
.:l of Weld and State of Colorado,to wit:
r-I
itz
SEE ATTACHED EXHIBIT "A"
`b' also known as street and number
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, his heirs and assigns forever.
IN WITNESS WHEREOF,The said part y of the first part ha s hereunto set its hand
and seal the day and year first above written.
, - _WELD .COWT.1._CQIORADO [SEAL]
Signed,Sealed and Delivered in the Presence of ' •
By; LIP" t.t.( t. ISEALI
fr C. W. Kirby/Chairman
Board ofComey_COMMi Siena S_ISEAL]
Weld County, Colorado
ISEALI
STATE OFCOLORADO,
Ms.
County of ,
The foregoing instrument was acknowledged before me this /4 ✓„ day of Qjo tr %
I9SO,bY' C,W. Kirby Chairman Board of County Commissioners
Weld County, Colorado
My commission expires Clit2L / .'a v ,ID8.L .Witness my hand and official seal.
,nuns°.,,,
.vI J • r•0 f., c- -, '
i -{
-,:\•• ,A-�.A i,�•-,C(�n.:. l 777 Notary nadir.
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No•931.WirreiAIM DEEP.—IinuifordrOdiolLyrCo.,IH2J Id9mo,S,rem,Donver,Colorado1677-60iI1-0177 HC)
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•
EXHIBIT "11"
Part of the Southwest Quarter of Section 33, Township 5 North,
Range 67 West of the 6th P.M. , Weld County, Colorado being more
particularly described as follows:
Beginning at the Southwest corner of said Section 33 and consi-
dering the west line as bearing North 00°00 ' 00" East, with all
bearings contained herein relative thereto;
Thence North 21°44 ' 15" East, 81. 00 feet to a point on the easterly
right-of-way line of county road #l7 said point being the True
Point of Beginning;
Thence North 00°00 ' 00" East, 182 . 01 feet to the centerline of
the Noisier-Williams Ditch;
Thence along said Ditch by the following two courses and distances:
South 84°01 ' 32" East, 140.29 feet;
South 68°48 ' 41" East, 85. 49 feet to the approximate west
right-of-way of county road;
Thence along the arc of a curve to the right whose radius is
899. 49 feet and whose long chord bears South 20°52 '18" East,
194 . 38 feet;
Thence along the north right-of-way line of county road RR50
South 89°58 ' 40" West, 246 . 07 feet;
Thence North 43°10 '27" West, 62. 00 feet to the True Point of
Beginning;
Said described parcel of land contains 1.203 acres, more or
less, and is subject to any rights-of-way or other easements
as granted or reserved by instruments of record or as now
existing on said described parcel of land.
LAW OFFICES
PETER J.WALL BURNS, WALL, SMITH AND MUELLER TELEPHONE
303 030-7000
GREGORY W.
UELH SUITE 800
GEORGE LMUELLER OF COUNSEL
JAN B.DELB RIDG E-GRAHAM 303 EAST SEVENTEENTH AVENUE THOMAS BURNS
MICHAEL A.MAXWELL THOMAS M.
FILES
JAMES E.Ba SIS DENVER,COLORADO 80203 FRANK H.HOUCK
DANIEL B.MATTER
JAMES P.ROUSE
STEVEN F.MUELLER
LYNN R.CARDEY-YATES
ROBERT T.COSGROVE
JOSEPH G.ROSANIA
September 3 , 1985
Weld County Board of County Commissioners 0 1985 `• ' ''+
� P � 5
c/o Weld County Attorney' s Office SE
P.O. Box 1948 LD cp •
��N
Greeley, Colorado 80632 F_Y•_
A.r�E^,ZN
Attention: Bruce Barker, Esq.
Re: Township 5 North, Range 67 West, 6th P .M.
Section 33 : S/2
Weld County, Colorado
Gentlemen:
Mayers & Company hereby requests that written consent be
given to Mayers & Company to drill for oil and gas , and place a
tank battery, separator and gas meterhouse on the following-
described tract of land owned by Weld County:
Township 5 North, Range 67 West, 6th P .M.
Section 33 : Beginning at the Southwest corner of
said Section 33 ; thence North on the
West line of said Section 33 for a
distance of 1 ,242 feet to the West line
of The Great Western Railway Company' s
right-of-way; thence Southerly 40 feet
from and parallel to the centerline of
said railway right-of-way for a distance
of 1, 419 feet to the South line of said
Section 33 ; thence West on said South
section line 400 feet to the place of
beginning.
Less the following-described tract of land:
Township 5 North, Range 67 West, 6th P.M.
Section 33 : Beginning at the Southwest corner of
said Section 33 and considering the West
line as bearing North 00°00 ' 00" East
Bruce Barker siad that Jim Bosik called him back in October and said that
they had a change of plans and are withdrawing their request for permission
to drill.
BUn-KNS, WALL, SMITH AND MUELLER
Weld County Board of County Commissioners
September 3 , 1985
Page 2
with all bearings contained herein
relative thereto; thence North 21°44 ' 15"
East, 81 . 00 feet to a point on the
Easterly right-of-way line of County
Road /17 said point being the true point
of beginning; thence North 00°00 ' 00"
East, 182. 01 feet to the centerline of
the Mosier-Williams Ditch; thence along
said Ditch by the following two courses
and distances : South 84°01 '32" East ,
140 . 29 feet; South 68°48 '41" East, 85.49
feet to the approximate West right-of-
way of County Road; thence along the arc
of a curve to the right whose radius is
899. 49 feet and whose long chord bears
South 20°52 ' 18" East, 194 .38 feet ;
thence along the North right-of-way line
of County Road /50, South 89°58 ' 40"
West , 246 . 07 feet; thence North
43°10 '27" West , 62 . 00 feet to the true
point of beginning.
Alternatively, Mayers & Company would request written
consent to placing the tank battery, separator and gas meterhouse
on the tract even if actual drilling operations do not take place
thereon.
This request is being made pursuant to Paragraph 12 of that
Oil and Gas Lease dated January 14 , 1985 , recorded in Book 1055 ,
Reception 1995462, from Weld County to Mayers & Company, covering
the above-described tract. Of course, this request and your
consent would be contingent upon Mayers & Company receiving
authorization from the Colorado Oil and Gas Conservation
Commission to carry on operations so close to a section line.
Your cooperation in this matter is greatly appreciated. If
you have any questions , please feel free to contact me.
Very truly yours ,
BURNS, WALL, SMITH AND MUELLER
�.�
c
By /Lt-/
Ora s E. Bosik
JEB/rm
cc : Mayers & Company
Attention: Lawrence M. Mayers , President
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