HomeMy WebLinkAbout600112TO SIGN QUIT CLAIM DEED QUITING TITLE TO REAL ESTATE SITUATE
IN WELD COUNTY, COLORADO, UNTO CHARLES VERNE PHILP:
All of Section 22, N1 and SEt of Section 23, SE --of Section 24,
NEt of Section 27, Nfr of Section 26, all of Section 25, all in
Township 11 North, Range 63 West
On motion, duly made and seconded, it was
RESOLVED, by the Board of County Commissioners of Weld County,
Colorado, that they do hereby quit title by signing Quit Claim Deed to
real estate situate in Weld Cadnty, unto Charles Verne Philp, described
as follows, to -wit:
All of Section Twenty -Two (22); the North Half (Ni) and
the Southeast Quarter (SEt) of Section Twenty-three (23);
the Southeast Quarter (SEt) of Section Twenty-four (24);
the Northeast Quarter (NEE) of Twenty-seven (27); the
North Half (bit) of Section Twenty-six (26); all 6f Section
Twenty-five (25), all in Township 11 North, Range 63 West,
of the 6th P.M., Weld County, Colorado.
Copy of which Quit Claim Deed is hereby attached.
AYES:
DATED: MAY 6, 1960
Quit Claim Deed dated 4/6/60
Certification made
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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CO
WARD OF
of the'Cosw fi d
fkaclpittrmad CSARIE *1I•P
of the Carty of Weld
stood port, WITNESS", That the said party ad* ES
the wsa d
other good And va bl,o consideration ad
to the said party of _ fist part in hand paid by the ofd part
odpt.whereof is hereby and acknowledged, has
QuntoCLAIMED, ayid art, h raise,
use the said part y -Ahe second
eWui and demand which said part y of the first peat ha a .
red estate situate, lying a being in the County of WELD and
,Ali of Section ty-two (22); the North
east Quarter (SE of Section Twaatty-three
quarter (SE}) of ctioa Twenty-four (24);
(Silk) of Section ty-seen (27); the
._men (11) (26); NoRangegection Sisty-dir �63)vW
Meridian,
To Bove and To
fifes thereunto
teat and claim
proper me, benefit and
IN WITNESS
and oaf the day and
d the same, together with aS and
in anywise thereinto appertaiofag,
of the add party of the first part,
f of the said part y at the second
F, The sad pert y of the fine
•
MILL AND COYTE
ATTORNEYS AT LAW
FORT COLLINS. COLO.
DATE
March 29, 1960
TITLE EXAMINATION
FOR
Mr. Floyd J. Mason
Hereford, Colorado
At your request we have examined abstracts covering the following
described property situate in the County of Weld and State of
Colorado, to -wit:
All of Ssctiee Twenty-two (22); the North Half
(Ni) and the southeast Quarter (NR4) of Sectiom
Twenty-three (23); the Southeast Quarter (SE*) of
Section Twesty-four (24); the Northeast Quarter(Nil)of Section Twenty-seven (27); the North half (if) of
Section Twenty-six (26); all of Section Twenty-five
(25); all in Township Eleven (11) North Have
Sixty -throe (63) West of the Sixth (6th; Principal
Meridian;
This opinion does not *over oil, gas, and nineral rights, for the
reason that same are excepted from the purchase contract.
All of the above property appears to be in the West ;Sisley Soil
Conservation District and subject to levy to support the District.
1. Abstract to Section 22, Township
the 6th P.M., containing 11to Nld\to )d�(a(63 West at
8:45 A.M. 95 sheets eztwrSil►\to Me\p� 1960 at
3.1112_11_42: Charles Verne Ph44$ \su b jocvto the fol'iwing:
a. Roads on section line,, per t
ry b. Right-ofway i"nit 3;
patent, g � \canals reserved in
per ets 7 a 10;
c. The quit-cla deed at B t'Q� reserves •reservoir
sites', and e��{'ir ting ri'h s -of -way for roads and
irrigation di elms; /
d. TThis property y,�j�is-flu West Greeley Soil Conservation
tract and, o Course, subject to levy to support
t e District,
Comment: Siege the'abstract does not cover map and sworn statemusts
fol� ,�iC-c�►
, it is impossible to determine whether the ressr-
A Weld Countof y Florence Louise rvoir sites in hPhe ilptshwn at deed
t
actually reserves any lands. However, it would be a
vation
��'I� • reservation in any event and in my opinion a quit -claim
deed should be obtained from the County unless tie re is
an actual reservoir constructed on the land.
4:,) or reservoir sites not conveyed by instruments
1,A of record
2. Abstract to the NI and the SR# of Scotts. 23, is Township 11 North,
Range 63 West of the 6th P.M., containing 193 sheets extended to
March 9, 1960 at 8:45 o'clock A.M.
Title is in: Charles Verne Philp: subject to the following:
Reservations:
At Sheets 35 and 36 there appears warranty deed
from The Union Pacific Railway Company
"Reserving, However, to the said Union Pacific
Railway Company the exclusive right to rrr,Rnect for
Coal and other tin rrF , ttiLid; ana
-2- Title opinion to Mr. Floyd J. Mason March 29, 1960
lards sad to miss for sad remove the some if found,
and for this purpose it Shall have right of way
over sad &erne said leads and apace necessary for
the oeaduet of said bill/1004d thermos, without charge
or liability for damage therefor."
In the deeds appearing at Sheets 129, 116, and 119, conveyance
is modes
"Subject, however, to the eseeptions, reservation,
coveaaats and conditions made sad contained in the
Veiem Pacific Lead Company. Contract in the sale
of said land."
These deeds *ever Daly the Ulf* of Sootier 21. Sommer, title is
seby ed h titlelalse� oeptyU.P.R treasurer's. Ce. reservations.is "aMwithoutit ut
more,
this would leave uncertain whet was intended to he reserved and
raises appersai.lreasurer's Deedstion of retitle Sheets169 marketable.
ot! eeMaif The seas this Sectioonn,
sad again is the Treasurer's Deed to the 811 of this Section shown
at Sheet 178.
It would eertsialy melee for asnresee of title to obtain certainty with
respect to the reservations intended.
Reservoir Sites tad
Rights -of -May for
Leads ad Ditaibaa i
At Sheets Ne. 181 and 182 in the deed from
Weld County to Plorenoe Louise Philp,
there is reserved "reservoir sites and
existing rights -of -way for roads and irri-
gatioa ditches."
This reservation would be subject to the
same comment aids concerning the same reser-
vations in deed to land is Section 22.
1. Abstract to the SS* of Section 24, in Township 11 North, Ramie
61 West of the 6th P.M., containing 87 sheets extended to
March 9, 160 at 8:45 o'clock A.M.
Title is ins fleryaaa Louisa thils, stajset to the following;
Reeervetiews; Patent reserves a right-of-way thereon for ditches
or oaaals constructed by the authority of the
United States,amd the quit -claim deed from the
County "excepts reservations in favor of Onion
Pacific Railroad Company." This last reservation
raises the same question previously meatiemed.
-3- Title opinion to Mr. Floyd J. Mason
March 29, 1960
4. Abstracts covering Section 25, in Township 11 North, Range 63
West of the 6th P.M,; as follows,
Ono containing 132 sheets and extended to January 17, 1928;
One containing 27 sheets and extended from January 17,1928
to September 16, 1940; and
One containing 30 sheets and extended from September 16,
1940 to March 9, 1940.
Title is inr faults Verse fbilo
S. Abstracts to Section 26, one containing 64 sheets certified to
December 27, 1933, and another abstract certified from that date
to March 9, 1960; subject to the following:
rultis is in, C Verne Ph{7 subject to the following:
Except as to coal, oil, gas and other minerals, and not
covered by this dpinion.
faitiwaof Title, At Shoot 43 of the seamed abstract, title is
convoyed in joist tenancy to Ray L. Casten
and toasts L. Casten. At Shoat 44 is sortie
ficate showing the death of Ray Louis Castes.
No supplemental affidavit appears of record.
Same should be obtained or other satisfactory
proof of identity recorded to rake prima fseie
showing of death and identity with the net
of this property.
6. Abstract to of Section 27, in Township 11 North Rs
of the 6th T.M., containing 64 sheets extended to Marsh ,west
subject to the following, 9, 960,
�L41-- e— i�in,
Stahts-of-wsvt
There is reserved in the patent shown at Sheet 2 a
right-of-way over said lands for ditches and canals
constructed by the authority of the United States,
Anallginstjuict
As to all the abstracts, the reservation of reservoir
sites by weld County, hereinbsfore mentioned, constitute
a defect in title under the contract, since there is gee
Chas. Verne Philp, subject to mineral deed shown
at Sheet 17 which granted to one Elmer Reed, his heirs
and assigns, a one-half interest is all oil, gas and
minerals in or under this property; said subject to the
right of ingress and egress* all times for the purpose of
operating and developing said lands for oil, gas, and
other minerals, and marketing the same therefrom, with
the right to remove from said lands all of Grantee's
property sad inprovementa,
-4- Mr. Floyd J. Mason --Title Opinion Marct. Q. ;p60
ATfltma
exception of reservoirs in the description. This
defe-t can be corrected by quit -claim deed from the
County of Weld.
The exception and reservation in deeds of record, of
reservations, covenants and conditions contained in
the Union Faoific Land Ceapaay's contracts, and
again in the deed from Weld County, make title
uncertain and in my opinion, unmarketable as to all
land Doming through instruments containing such
exception, as herninbefore set forth. This can be
corrected by quit,Mclais deed from the Union Pacific
Railroad Company It title adjudication suit decreeing
the exact interest which is excepted, misusing that
such exception is only ell and gas and mineral rights.
In this connection, the exeeption clause is the
Union Pacific deeds is in such form that under our
recent Colorado Supreme Court decision it is more a
right of exploration that has been lost rather than
a reservation of minerals, and the exact determination
of such rights and the parties holding same are
material to the owner of the surface, oven though no
oil, gas or mineral interest is vested in such person.
The supplemental affidavit is the ease of Ray L. Casten
can, of esteem, be readily supplied, but should be
recorded sad shown on the abstrect before title is
accepted as marketable.
In connection with this title, I would call your
attention to the following matters'
1. Title to Section 22 and to the land in Section 23
to be conveyed, and to the land in Section 24 to be
conveyed, and to the XI* of Section 26, comes through
Treasurers' Deeds in the 19301s.
Under Title Standards Jo. 47 adopted by the Colorado
Dar Association October 19, 1946, such titles are
deemed marketable after the Treasurer's Deed has boon
of record nine years, and all of these involved here
have been of record mere than twenty years. This is
on the assumption that the Fhilpa have boon in possession
of all of this property during such period and paid all
taxes assessed against it during that period. Mew -
over, should • quiet title proceeding 4 brought, I would
recommend that all persons out off by such Treasurers'
Deeds be joined.
2.Also, if quiet title reties is brought. I would
recommend that all possible claimants under the
estate of Freak M. Osborne and under the estate of
George S. Adana as to Section IS be joined to out off
any possible claim that executors deeded without
proper authority, or that foreign will should have
been admitted to rrobate in Colorado.
Very respectfully / mitted,/
J(�A.
AYdem T. Hill
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