HomeMy WebLinkAbout952005.tiffpfg
WE�Yc.
COLORADO
September 8, 1995
H.S. Resources, Inc.
Daniel E. Thomas, CDOA
Senior Title Analyst
1999 Broadway, Suite 3600
Denver, CO 80202
OFFICE OF BOARD OF COUNTY COMMISSIONERS
RE: Request for Disclaimer and Mineral Interest
Dear Mr. Thomas:
PHONE (303) 356-4000, EXT_ 4200
FAX (303) 352-0242
P.O. BOX 758
GREELEY COLORADO 80632
This letter is in response to your letter dated August 25. 1995, requesting that the Board of County
Commissioners of Weld County, Colorado, approve a Disclaimer of Mineral Interest for a 1.64 acre strip
under Weld County Road 32. The property is located in the Northeast quarter of Section 20-3 N -67W,
Weld County, Colorado.
The Board of County Commissioners of Weld County, Colorado, will not execute the Disclaimer. The
reason for the denial of your request is that the County is uncertain as to how the right-of-way for the
subject portion of WCR 32 was obtained. The mineral interest may have been conveyed to Weld County
with the right-of-way. The conveyance could have occurred through deed, reservation, road viewers
report, or condemnation. A full understanding of the conveyance would necessitate a title search which
would be a cost to Weld County.
If you should have any questions regarding this letter, please feel free to call Bruce T. Barker. Weld
County Attorney, at (970) 356-4000. extension 4390.
Very truly. yours,
BOARD OF WELD COUNTY COMN1ISSIONERS
Dale K. Hall, Chairman
DKH:BTB/dh
pc: Bruce Barker
Clerk to the Board
952005
2.6:0/763
WE�'Y
COLORADO
TO: Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
DATE: September 6, 1995
RE: Request for Disclaimer of Mineral Interest from H.S.
Resources, Inc.
Attached is a copy of a letter received on August 29, 1995, and a Disclaimer of Mineral Interest
from H.S. Resources, Inc. ("H.S. Resources"). H.S. Resources desires for the Board of County
Commissioners to approve a Disclaimer of Mineral Interest for property located in the Northeast
quarter of Section 20-3 N -67W. The property is 30 feet by 253 feet and comprises 1.64 acres in
size. The property is where Weld County Road 32 is presently located.
There is a question which arises in every instance in which minerals beneath roadways are to be
leased as to whether Weld County actually owns those minerals. The answer lies in how the
roadway was obtained. If the roadway was obtained by the great "Resolution of 1889", then
Weld County probably does not have any mineral interest underneath the roadway. If, however,
the roadway was obtained through deed or other conveyance, those conveyances often comprise
a "fee interest", meaning that the mineral interest was conveyed to the County along with the
roadway.
I cannot tell in this case how Weld County got its road right-of-way over the subject property. It
appears to have been acquired by use, but I cannot tell for certain.
I do not think the County should disclaim its mineral interest in this property. There is nothing
to gain. Furthermore, H.S. Resources can obtain an opinion from their own staff which would
confirm that the County has no ownership of the minerals, if indeed that is the case.
I recommend the Board's authorization for the chairman's signature on the attached letter.
BTB/db:BOCC\Minerals
Attachment
Weld County Attorney
If r!". :;',‘H5 RESOURCES, INC.
1999 BROADWAY, SUITE 3600
DENVER, COLORADO 80202
n
�(303) 296-3600
TELEFAX (303) 293-3511
8/25/95
Boan1 of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Re: Disclaimer of 1VEnend Interest
1.64 -acre Ship under WCR 32
NE4, Section 20 -3N -67W
Weld County, CO
Gentlemen:
According to the chain of title in our property records, a 30' by 2,387' strip of land underlying a portion
of WCR 32 was not included in the deed descriptions covering the NF/4, Section 20 -3N -67W. Our office
has been unable to locate the conveying instrument into Weld County, Colorado covering this strip of
land. If your records contain the document, send our office a copy as soon as possible.
Due to the nature of the deed descriptions contained in the chain of title covering the NW/4, Section 20-
3N -67W, it appears that the conveyance into Weld County, Colorado was a right-of-way. However, if
your records don't contain a copy of the instrument covering the strip of land in question, we request that
the appropriate party at Weld County execute both copies of the enclosed Disclaimer as a first step toward
curing this cloud to title. Make sure to have the signature properly acknowledged, and return one
executed copy to our office for recording. Retain the other copy for your records.
Thank you for your prompt attention to this matter. If you have any questions or require additional
information, please advise.
Sincerely,
H S RESOURCES, INC
Daniel E. Thomas, CDOA
Sr. Title Analyst
(303) 296-9740, Ext. 452
Enclosure
DT/
Hello