HomeMy WebLinkAbout20183649.tiff RESOLUTION
RE: APPROVE STIPULATION OF MINERAL INTEREST AND AUTHORIZE CHAIR TO
SIGN - RICHARD BORYS
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 Stipulation of Mineral Interest, which
clarifies the intent of a ROW Deed previously conveyed to the County, and
WHEREAS, after review, the Board deems it advisable to approve the Stipulation of
Mineral Interest, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Stipulation of Mineral Interest be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Stipulation of Mineral Interest.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of November, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,�,/ ��-datict4)
`k o•&€, Steve Moreno, Chair
Weld County Clerk to the Board
J 4Kireyer 'r -Tem
BY�� ( 74 ��' &Ad
z -
Deputy IC rk o the Boar
���n7. Conway
861. C) .'
APPR.O _ AS N /d d
Vir ozad
unty Attorney
Mike Freeman
Date of signature: i2/7 in
cc:Ca.C Bch 2018-3649
ca/la/IS' EG0075
TO: Board of County Commissioners
'm 1861 �
FROM: Bob Choate, Assistant County Attorney
DATE: November 1, 2018
SUBJECT: Stipulation of Mineral Interests
Commissioners,
Landowner Richard Borys is attempting to lease his mineral interests to PDC energy, for property located near the Weld
County Parkway. The County purchased this particular Right of Way(ROW) in 1990. The Agreement for Sale and
Purchase of Real Estate provided that Mr. Borys' predecessor in interest, Richard Peterson, would convey a Special
Warranty Deed that reserved all oil and gas interests. However, the ROW Deed was silent as to the reservation of oil and
gas interests. In order to clarify that the ROW Deed was not intended to convey oil and gas interests,the landowner is
requesting the Board approve a Stipulation of Mineral Interests.
Attachments:
• Draft Stipulation of Mineral Interests
• Agreement for Sale and Purchase of Real Estate(See highlighted language on page 1)
• ROW Deed
• Correspondence from PDC to landowner
I recommend you approve the stipulation. If you agree, I will have the landowner sign and place it on your new business
agenda. Please let me know if you have any questions or comments.
Approve Staff Work Comments
Recommendation Session
Requested
Steve
Moreno A'`14''
Barbara
Kirkmeyer
Sean
Conway
Julie _.__..
Cozad (
Mike
Freeman
C be)
►/,, tt ,ow. - 3Co`t9
E1Goo-75
STIPULATION OF MINERAL INTEREST
This Stipulation is made and entered into as of the dates set forth in each acknowledgement below,
effective upon mutual execution, by and between the following parties:
County of Weld, a political subdivision of the State of Colorado
1150'O' Street
Greeley, Colorado 80632
AND
Richard M. Borys
23433 Weld County Parkway
Greeley,CO 80634
Lands subject to this Stipulation:
Section 12,Township 5 North, Range 65 West, 6th PM,Weld County,Colorado, being more fully
described in that deed filed with the Weld County Clerk and Recorder under reception 2205381
(the "ROW Deed").
WHEREAS,the ROW Deed was tendered according to that"Agreement for Sale and Purchase of Real
Estate Including Land and Any and All Improvements and Purchase of Temporary Easements" (the
"Purchase Agreement")filed with the Weld County Clerk and Recorder under reception 2205380; and
WHEREAS,the Purchase Agreement required the seller to deliver a Special Warranty Deed conveying
the property, "but reserving to the Seller all oil and gas"; and
WHEREAS, notwithstanding this requirement in the Purchase Agreement,the ROW Deed did not contain
any reference to reservation of oil and gas;
WHEREAS,the parties desire to stipulate as to the ownership of minerals in regards to the ROW Deed.
THEREFORE, for good and valuable consideration,the receipt of which is hereby acknowledged,the
parties to this Stipulation of Mineral Interest agree, declare, and stipulate that the ROW Deed did not
convey any interest in oil and gas to the County of Weld.
This Stipulation shall be binding upon the parties hereto,their respective heirs,successors, and assigns.
Richard M. Borys d Date of Signature
As successor in interest to
Richard L. Peterson (for ROW Deed only)
4447366 Pages: 1 of 2
11/19/2018 10:16 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII X11 iVieril h 'MIX I "Ill
ATTEST: doritel) .�./ 1, BOARD OF COUNTY COMMISSIONERS
Weld County Clerk
tto the Board t� WELD COUNTY, COLORADO
BY: .7I• .I��/` /.�.': `: . a ZC
a
Deputy CI k to the Boa I ti a Moreno, Chair NOV 1 4 2018
14 „Iv
APPROVED AS TO FORM:
County Attorney
4447366 Pages: 2 of 2
11/19/2018 10:16 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Wald County, CO
A 1Ali 111
'Z0/Y-3&4/.?
r
AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
INCLUDING LAND AND ANY AND ALL IMPROVEMENTS
AR224535O AND PURCHASE OF TEMPORARY EASEMENTS
THIS AGREEMENT , made at Greeley , Colorado , this Of day of
f , 19 , 90 _ , , between WELD COUNTY , COL6RADO , a
body torpor - e and politic of the State of Colorado , by and
through the Board of County Commissioners of Weld County ,
hereinafter " Purchaser , " and Richard L . Peterson , 31C10
Qc°v Weld County Road 388 , Kersey , Colorado 80644 ,
hereinafter ' Seller . "
o
V WITNESSETH :
a
o That inconsideration of the payment by the Purchaser to
Seller of the sum of Four Hundred and no / 100 Dollars
o w ( $ 400 . 0C ) and other good and valuable consideration , Seller
o agrees to sell to the Purchaser and Purchaser agrees to purchase
o from Seller the following described real property :
✓ See the attached Exhibit " A . "
N rz
0
.o toy
04 including any and ail improvements located thereon .
� u
z The agreement of sale and purchase of said Parcel ( s ) is
subject to the following conditions :
O cl
1 . Seller shall furnish to Purchaser a Special Warranty
Deed for said Parcel ( s ) . Title insurance will be provided by
cn w N/A
2 . Title for said Parcel ( s ) shall be merchantable in
N < Seller , except as stated in this paragraph and in paragraph 5 .
Subject to payment or tender as above provided and compliance by
J
Purchaser with the other terms and provisions hereof , Seller shall
execute and deliver a good and sufficient Special Warranty Deed
v o for said Parcel ( s ) to Purchaser on a date certain set by
cum Purchaser , conveying said property free and clear of all taxes ,
o except general taxes for 1990 , payable January 1 , 1991 , and
rz free and clear of all liens for special improvements installed as
of the date of Purchaser ' s signature hereon , whether assessed or
not ; free and clear of all liens and encumbrances , and except the
recorded and / or apparent easements ; subject to all applicable
building and zoning regulations ; and including gravel and all
other mineral deposits , but reserving to the Seller all oil and
gas .
Page 1 of 4 Pages
900166
3. General taxes for the year 1990 shall be apportioned to
date of delivery of Deed based on the most recent levy and the
most recent assessment.
4 . The date of closing shall be the date of delivery of
deed as provided in paragraph 2. The hour and place of closing
shall be designated by Purchaser. Purchaser shall pay the sum of
Four Hundred and no/100 DOLLARS
o u° ('$400.-00 ) to Seller at the time of the delivery of the Deed.-
0
N o 5. Except as stated in paragraphs 2 and 6 and this
✓ paragraph, if title for said Parcel(s) is not merchantable and
written notice of defect(s) is given by Purchaser or Purchaser's
0 w agent to Seller or Seller' s agent on or before the date of
closing, Seller shall use reasonable efforts to correct said
° c:4 defect(s) prior to the date of closing. If Seller is unable to
e correct said defect(s) on or before the date of closing, at
p Seller' s option and upon written notice to Purchaser or
w Purchaser's agent on or before the date of closing, the date of
N % closing shall be extended thirty (30) days for the purpose of
,a correcting said defect(s) . Except as stated in paragraph 6, if
title for said Parcel(s) is not rendered merchantable as provided
w in this paragraph 5, at Purchaser's option, this contract shall be
a ,.a void and of no effect and each party hereto shall be released from
c" v all obligations hereunder and all payments and things of value
viz received hereunder shall be returned to Purchaser provided,
w however, that in lieu of correcting such defect(s) , Seller may,
c within said thirty (30) days, obtain a commitment for a title
m insurance policy in the amount of the purchase price and the
064 Purchaser shall have the option of accepting the then existing
• w insured title in lieu of such merchantable title. The Seller
shall pay the full premium for such title insurance policy.
o z
N Q
6. Any encumbrance required to be paid may be paid at the
time of settlement from the proceeds of this transaction or from
a
any other source; provided, however, at the option of either
party, if the total indebtedness secured by the liens on the
w � property exceeds the purchase price, this contract shall be void
N and of no effect, and each party hereto shall be released from all
' C:3 obligations hereunder and all payments and things of value
carp received hereunder shall be returned to Purchaser.
7 . Time is of the essence hereof. If any note or check
received as earnest money hereunder or any other payment due
hereunder is not paid, honored, or tendered when due, or if any
other obligation hereunder is not performed as herein provided,
there shall be the following remedies:
(a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to
treat this contract as terminated, in which case all payments
and things of value received hereunder shall be returned to
Page 2 of 4 Pages
Purchaser and Purchaser may recover such damage as may be
proper, or (2) Purchaser may elect to treat this contract as
being in full force and effect and Purchaser shall have the
right to an action for specific performance or damages, or
both.
(b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to
o treat this contract as terminated, in which case all payments
oC) and things of value received hereunder shall be forfeited and
retained on behalf of Seller and Seller may recover such
damages as may be proper, or (2) Seller may elect to treat
this contract as being in full force and effect and Seller
A shall have the right to an action for specific performance or
damages, or both.
Q (c) Anything to the contrary herein notwithstanding, in the
event of any litigation arising out of this contract, the
u court may award to the prevailing party all reasonable costs
and expenses, including attorney's fees.
N o4
.. 8. Possession of said Parcel (s) shall be delivered to
0 Purchaser upon closing and shall not be subject to any leases or
tenancies, except _ N/A =- _ _
N -
CI H =- - _
0 C
C4 9. Seller represents and warrants as of the day hereof and
as of the date of the closing that neither the execution of this
co M w contract nor the consummation of the transaction provided for
a herein constitutes, or will result in, any breach of any of the
N x terms, conditions, or provisions, or constitute a default under
co
cv any indenture, charter, bylaw, mortgage, loan agreement, lien,
v z lease, license, judgment, decree, order, instrument or other
w verbal or written agreement to which Seller is a party of or is
a g subject to, or to which the property is subject to, except as
ko co provided herein.
in'n Pi
r'' 0 10. In the event the property is substantially damaged by
m w fire, flood, or other casualty between the date of this contract
and the date of delivery of the Deed, Purchaser may elect to
terminate this contract; in which case, all payments and things of
value received hereunder shall be returned to Purchaser.
11. All of the conditions stated herein shall be in full
force and effect, not withstanding the conveyance of said
Parcel (s) by Special Warranty Deed as outlined in paragraph 2
above, and shall not merge with said Special Warranty Deed.
Page 3 of 4 Pages
12. Other: See attached Exhibit "B." _
IN WITNESS HEREOF, the parties hereto have subscribed their
names this 12th day of February , 1990
VD O L'
,
a U ATTEST: T � WELD COUNTY, COLORADO, by and
through the BOARD OF COUNTY
U Weld County 1 1c and Recorder COMMISSIONERS OF WELD COUNTY,
a and Clerk La tl �'' -'1:1 COLORADO, Purchaser
0 31"trePr4r
d 't�y �.'V By
o x yeputeA _ �y `erk h 'rman for Purchaser
�.w� nn '- r ,I t&�1'ofem
o (�'_≤ j4. owing section to be completed by Seller)
u
N w Signed this 1St day of ri h4 ital , 19 Q D .
..
in
H
g Selle
a
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at u
Z By
H H
N H Title:
w SUBSCRIBED AND SWORN to before me this / S l.'. lay" of
cow -TP,h /CO t� _ . 19 Q0 . o,' ..,
N 2 WITNESS my hand and official seal. _; -,� _N 4C ✓j,0 , '' .
o d
u T� 4 ."?' ' G e
a •g- Notary Pub c
Ln o My commission expires: LV?-Iql
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Page 4 of 4 Pages
•
1 • I
•
EXHIBIT A
RIGHT-OF-WAY
A tract or parcel of land No. 4 Of Weld County, Colorado, Project
No. 58/47B containing Q.3,88 acres; more or less, in the SE 1/4 of
the SW 1/4 of Section 12, T:5N. , R.65.1. ; of the 6th P.M. , in Weld
County, Colorado, said tract cr parcel being more particularly
described as follows :
Beginning at a point from which the S 1/4
corner of Section 12, T. 5N. , R.65W. , 6th P.M. ,
bears S. 54°15 ' 59" E. a distance of 730 .81
feet;
l0 o 1 . Thence S. 41°03 ' 00" E. a distance cf
a U 169 . 73 feet;
o
2. Thence N. 48°57' 00 " E. a distance of
100.00 feet;
a
o W -
3 . Thence N. 41°03 '00" W. a distance of
w 168 .53 feet to the west line of the
property;
U '
N 4 . Thence S . 49°37 ' 55" W. along the west
o line of the property a distance of 100 .01
feet, more or less, to the point of
w becLnnir.c.
The above described parcel cc:tains 0 .388 acres , more or less, of
z ethIcn 0 . 155 acres are In the ryg:t-of-wa; of the present read.
CD a Sass of Bearincs : Assuminc the south line cf said 1/4 as
fit] . a. S �i 7
o a bear,:c N. 89 °44 ' 34 " Fl. frc� t ,e 5. 1/4 corner cf z c:: �,
Ciiw T.5`:. , +P.. 65R. , 6t P.;:.
U
oz
N Z
N
O
ua
o
In rf
N
ri
Cq W
691042
•
•
TEMPORARY EASEMENTS '
• Temporary Easement No. TE.4
A strip of land lying adjacent to the project's existing southerly
right-of-way line and proposed southerly right-of-way line, being
17 ' wide from right of station 20+20 . 9 , and exterding '
southeasterly to right of station 22+00 .9 , being 40 ' wide thereat,
as' part of Weld County Project No. 58/47B.
Temporary Easement No. TE-4-3
A strip of land 50 ' wide lying parallel to and adjacent to the
project' s proposed northerly right-of=way line from left of
station, 20•-70 .9,,, and extending southeasterly to left of station
21+30.9 , as part of Weld County Project No. 58/47E.
O Temporary Easement No. TE-4,1
z
,,;(3 A strip of land 55 ' wide lying ,parallel to and adjacent to the
project' s proposed southerly right-of-way line from right of
a station 11+50 , and extending southeasterly to right of stat,cn
o s 1215 , as part of Weld County Project No . 581478.
hw EASCM:N FOR _PTAER LINE
8 A permanent utility easement in weld County, Project No. 56/47E ,
C•1 % in the S 1/2 of Section 12 , T.5N. , R.65W. of the 6th P.M. ► in Weld
County, Colorado, said permanent utility easement being more
ur:lig particularly described as follc..s :
� � Eecinninc at a utility pole L7= which the
S 1/4 corner cL Section 12, T.5N. , R.65W. cf
z
�+ the 6th P .M. bears S . 61°01 ' 44" E. a distance
N cf 679 feet, thence N. 65'03 ' 00" E. a distance
cf 262 teet to a utility pole, 10 ' on either
side cf the strait:t line bet-.een the tic
co w utility poles .
Ln
oz
N a Sass of Bearings: Fssimin:: the south line of said S 1/2 as
o tea:1-g S. 69° 44 ' 24" E. from the SW carne= of Section 12 , T.57. '
p.4 .65 i . , 6�: P.M.
..
Ln
,-a ri
caw
891042
. Recorded at o'c1odt_____M,
Reception No - - - - Recorder
II
RECORDER'S STAMP
THIS DEED,Made this f st day of Fe6ruar q ,
19,ee<fgq,between Richard L Peterson, 31010 Aeld County
Road 388, Kersey, Colorado 80644
{ of the County of Weld and State of Cola ,
rado,of the first part,and Weld County, Colorado, a body
corporate and politic of the State of Colorado
whose legal address is 915 Tenth Street, Greeley, Colorado
80631 AR2205381 -
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 oftne sum
of Two—hundred and N0/100
Dollars,
to the saia party of the first part,in hand paid by the said party of the second part,the
receipt whereof is hereby confessed and acknowledged,ha granted,bargained,sold and con- 1
, veyed, and by these presents does grant,bargain, sell, convey and confirm unto the said
party of the second part, its heirs and assigns forever,all the following described
lots or parcels of land,situate,lying and bemg in the County of Weld
and State of Colorado,to wit
See the attached Exhibit "A "
B 1256 REC 02205381 02/14/90 15.03 0 00 O
F 0112 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
)mbccOmmoupoucommactamAta.
Together with all and singular the hereditaments and appurtenances thereunto belonging,or in
i anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever,
of the said party of the first part,either in law or equity,of,in arid to the above bargained
premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said
premises above bargained and described,with the appurtenances,unto
the said party of the second part, its
heirs and assigns forever
And the said
party of the first part,for himself his heirs,executors and
administrators,does covenant,grant,bargain and agree to and with the said party of the
4 second part, its heirs and assigns,the above bargained premises in the quiet and peaceable
Iipossession of said party of the second part, its heirs and assigns,against all and every
person or persons lawfully claiming or to claim the whole or any part thereof,by,through or i
f under the said party of the first part to WARRANT AND FOREVER DEFEND
IN WITNESS WHEREOF,The said party of the first part has hereunto set nis
hand and seal the day and year first above wr en ,
I
Signed,Sealed and Delivered in the presence of EAj,
chard L Peterson
- — - -- - -- - • (SEAL)
W Tyr -
-
?a o STATE OF COLORADO, I -- (SEAL]
o � }ss
< a i County of J
'i Z C ' The forego m strunteep/t was 9 o}vledged before me this 1St day of Fe 1CLLLy,
_
�W Vxr} 19 Qb ,by 0har L L f+�.L LSOri-
~
a—
°°aJ P
ji:� u�g g O my commission expires Us� 02� .19 7 I 'gleamy ha and official t
, a8o2a
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F y
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Ho 16 SPECIAL WARRAIiY DEED—Rrodtord PabllrhingCo 1824 Ad Stout Street D,aver Colorado(573 1011)2177 `mod
PC
ENERGY
Corporate Office
1775 Sherman Street, #3000
Denver, Colorado 80203
303 880 5800
www.pdce.com
September 10 , 2018
Re: High Plains Division Orders
Dear Interest Owner:
Enclosed are two copies of our Division Orders for the above referenced well/wells. These division orders
lay out your proportionate share of revenue from the well/wells which started producing this year.
If you would like, you can return the signed Division Orders by fax (303-860-5838) or email . Please note ,
PDC will only issue a check once the accrued amount has reached $50 or more or it will be paid annually,
whichever occurs first. Our checks are cut and mailed around the 24'h of each month .
Please follow the enclosed " Instructions to interest Owners " for executing and returning one copy of the
Division Order to this office. The extra copy is for your records .
The cut-off for changes in accounting is the 10'h of the month . If we receive your Division Orders after the
10th, the pay change will take place the following month .
If you have any questions pertaining to the calculation of your interest on the Division Order, please feel
free to contact me by e- mail at Joshua. Schuniachcr <e pacesui u and I will email you the calculations . If you
have general Division Order questions , please visit our website : www.pdce . comidivisson-orders. Changes
in ownership or address should also be directed to my attention . If you have questions pertaining to revenue
or revenue checks , please contact the Revenue Department at the Bridgeport Office.
Sin/c. rely,
1
let" S?,140441.-112,-----""
Josh Schumacher
Division Order Analyst
(303) 318-6178
Enclosures
Exhibit A
105 . 102850, 105 . 102851 , 105 . 102852 - High Plains 25A-401 , High Plains 25A-241 , High Plains 25A-221
Owner No. Credit To Type Interest
50534 Richard M Borys
(4. 9259/800* 12.5%* 12.5%) = RI 0.00009621 « Your Interest
30. ( W» nershtp of Olt Gas, and Ass eiatcd Hydrocarbons underlying Part ol the Sl'j4SW74
p1 Section LI_ iTrac b 8. 10 and I It. Richard L. Peterson owned 12. 54 of the oil gas and associated
hydrocarbons underlying lands in the SPJ4SW/4 of Section 12. Township 5 North. Range 65 West
t Trac is 8, 10 and I t f. By Special Warranty tared dated February 1 . 1940, recorded February 14. 1990.
at Reception No. 2205381 of the records of Weld County . Colorado Ube "Nkter $pecial Warranty
j\'c+ " s. Richard I .. Peterson granted to Weld County . Colorado. the following described property
" A tract or parcel of land No . 4 of Weld County. Colorado. Proyct No. 5847E
;ontain,ng 0388 acres. more or less. in the SI-J4 of the SA 14 of Section 12. T.5N. .
R .n5W . . of the tic' P. Si. in Weld County. Colorado . said trao or parcel being more
particularly described as follows:
Beginning at a point from which the S 1 /4 comer r 01 Section 12 T.5N. . 1165W . .
. .
P NI bars S a 15'59 ' F: j distance of slit x t Sect. thence S 41 1 ) 21K1 ' I
distance of 169. 73 feet; thence N. 48 5r ' uo I:. a distance ot. 100.00 feet, thence
PDDC knergv. In•.
March 17. `( t;"7
Page 170
N . 41 0?'( K)" W. a distance of 168 51 feet to the w :tii line of the property. : thence
,
S. 49 7':� -�' W. along the west lick the property a distance of Atx, M
more or tress to the point of beginning.
The Peterson Special Warrant~' feed de sc. ritx s the land: cons evc'd as a right of way. but do 's
not contain an e. xpiuss reseriation of minerals_ Therefore. the sane ambiguity exists as to the mineral
ownership underlying the conveyed tract a_4 set forth in Title Comment and Requirement No. 21 above .
We now that an Agreement for Sak' and Purchase of Real Estate hotAcen Richard Peterson and weld
County . dated Eckman. 1 . 1990. recorded February 14. I9'9to. at Reception No. 2205380 of the records
of Weld County. Colorado. states that it is the intent of the parties ' that the Grantor reserve the oil and
gas rights under the described tract. None 01 the subsequent conveyances iii the surface or oiL gas. and
associated hydrocarbons in the SW-SSW/4 of Section i 2 . Ti 5 Nonh. Range o5 West . except this
strip ol land
I or purposes of this ( )pinion. w; have treated the Peterson Special Warrant) Deed as c' bnveying
a surface interest only in elk' ti. lmt acre tract 01 land descrihud therein
KLUUIRL :MMEN'I For drilling and division order purposes, you should obtain a
quitclaim deed executed by Weld County. quitclaiming to each ol
the current mineral owners in Tracts 8 . W. and II as set forth in the
Ownership Tables of this Opinion, all right , tick and interest of Weld
County in and to the mineral estate in the strip of land conveyed hy
the above-described Peterson Special W: arrant ). Deed that is adiacent
to attic respective tract. This quit: laim deed should be placed of
record in Weld County. Colorado
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