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IN TIE DISTRICT COURT IN AND JOB THE COUNTY
OF WELD AND STATE OF COLORADO
CIVIL ACTION NO. 13,180
V
GUI D. CRAM, also known as
GUY DN n CJAY%L and BEULAH
S. CHAPEL, rnie44 4.y$9
Plaintiffs,
vs. FINAINGa or FACT,
CONCLUSIONS OP LAW
THE BOARD OF COUNTY COMMISSIONERS ' AND
or THE 91017 OF WELD, STATE OF COL JUDGMENT AND DECREE
COLORADO; HALBERT, JUNNINC�AND
MIMIC, A CO- .., our ,,; and
GAYLORD H. CNIZtbt; r
Defendants. t
Nov on this if t'4day of September, A. D. 1959, this matter coming
on to be heard upon the motion of defendant The Board of County Commissioners
of the County of Weld, State of Colorado, and the stipulation of the plain-
tiffs and said defendant, said defendant appearing by Robert 0. Smith, Seq.,
its attorney, and plaintiffs appearing by Melvin Dinner, Esq., their attor-
ney, and no other defendant appearing either in person or by attorney, and
the Court being now sufficiently advised, Doth Find:
FINDINGS Cr FACT
1. This suit vas ecmmenoec on April 18, 1956, under A.C.F. 105 as an
ordinary quiet title action by plaintiffs against The Board of County ?T
Commissioners of the County of Weld, Colorado, seeking to have title to the n+
oil, gas and other minerals in and under the Southeast Quarter (Di) of
Section Eight (8), in Township Nine (9) North, Range Fifty-six (56) West of a
the Sixth Principal Meridian, Weld County, Colorado, quieted in them. The
title of plaintiffs is based on a deed from said County dated January 22,
1943, and recorded in Book 1104, at page 603 of the Weld County resorts; by
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the terms of said deed Weld County excepted and reserved to itself the oil,
gas and other minerals in andunder'said lands; plaintiffs accepted said
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HOOK 1545 PAGE X343
deed, recorded, retained and ever since its date have relied on it as their
source Of title without questioning said reservation; no other party has
appeared herein and no question is raised as to the rights of any party
other than plaintiffs and said Weld County, and no finding as to the rights
of any other party is made herein.
And the Court states its Qonoluaione of Lass follows;
OOscLUSIOlg OF LW
1. The proceedings herein and the sorviee, tars and proof of sonic:
as to all parties hereto is regular, in due form and according to lew.
M. The Court now has full and soaplete jurisdiction of the subject
matter of this action and of all persons in interest herein.
3. Weld County, Colorado, on January fl, 1943, and fora long time
prior thereto, eat tirdifa6r in fee .L. .1u.. H..W ,.4 -
(Sae) of Section Bight (8), in Township Nine (9) North, Range Hfty-six (56)
West of the Sixth Principal Meridian, Weld County, Colorado, and by virtue
of the reservation to itself of the oil, gas and minerals therein and the
exception thereof from its said deed said County ever since said date and
now is the owner of said oil, gas and other minerals, together with the
right to prospect for and rescue the same and to sell and convey the some.
Judgment and Decree in accordance with the foregoing findings of past
and Conclusions of Law herein should be and is hereby ordered to be entered
as follows;
JUDGMENT AID D
WEB, IT IS 01D, ADJUDGE AND Dom;
1. Weld County, Colorado, is, and at the time of ccasencemrat of this
action wee, the owner in fee simple absolute of all oil, gas and other
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a$1erl, 1$ and under the Southeast Quarter (8$) of Section Eight (8), in
To nsiah ine (9) North, Range Fifty-six (56) West of the Sixth Principal
Mfridian, in Weld County, Colorado, and of the right to prospect for and
remove the sae.
4' 2. Guy D. Chapel, also known as Guy Deters Chapel, and Beulah S.
Chapel, the plaintiffs herein, are the owners in fee simple absolute of all
of the surface estate in and to said Southeast Quarter (SE}) of said Section
light (8), except and subject only, however, to the rights of said Weld
County above stated.
3. Weld County, Colorado, is entitled to all rentals, royalties end
proceeds of and tray any oil, gas or other minerals in or produeed from said
lands.
4. This decree shall not affect the rights, if any, of any person
other than plaintiffs;and said County in or to said land or the oil, gas and
other minerals therein.
The Clerk is directed to enter judgment aeeordiugly.
,
Done in open Court this / 7 day of September, A. D. 1959.
BY TEE COURT:
ailb n
Judge
AVM= AS TO 1'ORM:
Attorney for Plaintiffs.
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