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Home My WebLink About20180229.tiffJanuary 8, 2018 Phil Shepardson PDC Energy 1775 Sherman Street, Suite 3000 Denver, CO 80203 Re: Reception # 2319505 Mr. Shepardson: We received your letter regarding the quitclaim deed at the above us? deed in this matter contains the grant from the County to the Presei February of 1993. At this time, the County is unable to provide a ownership beyond the recorded documents. -January -8, :91.8 Vanna. Boulter BTA Oil Producers, LLC 104 S. Pecos Midland, TX 79701 Re; Reception# 2319505 We received your letter regarding the quitclaim deed at the above listed re 'deed in this Platter contains the grant front the County to the Present Own February of l 993. At this time,, the County. is unable to provide additiona ownership beyond the recorded ,documents. Brad Laue Winters Hellerlch &Hughes, LLC 5401 W. 10th Street, Suite 201 Greeley, CO 80634 Re: Reception # 2321557 er regar quitclaim deed at the above liste recd from the County .to the 1?resent Ovurl�r oun y is unable to provide add tronal=i inters, U Renck, t (' ttorneys at aw Bradley D. Laue blaue@wh-h.com Bruce Barker Weld County Attorney 915 10th Street Greeley, CO 80631 Dear Bruce: 5401W 10th Street, Suite 201 Greeley, Colorado 80634-4460 Phone: (970) 352-4805 • Fax: (970) 352-6547 www.whhlawpractice.com December 13, 2017 RE: Ovid "Gus" Plumb Jerry D. Winters Thomas E. Hellerich William W. Hughes David J. Skarka This firm represents Ovid "Gus" Plumb and his siblings, who are the great-grandchildren of Augustus M. Plumb. Please find enclosed a copy of the applicable title report on a well east of Greeley. In that report, the attorney for PDC would like to have a corrected deed from the Weld County Board of Commissioners confirming that the minerals were indeed conveyed to Augustus M. Plumb and Harry N. Haynes by the County. From my reading of the report, it looks like Correction Quitclaim Deed dated February 11, 1993, recorded February 11, 1993 at Reception No. 2321557, corrected the prior deed so that only the minerals underlying the strip of land are conveyed. The Grantees of the Correction Quitclaim Deed were stated as the present owners. Augustus M. Plumb and Harry N. Haynes would have been the present owners. Those mineral interests have now been passed down several generations. Please just let me know your thoughts regarding this matter. Sa erely, Bra ey D. Laue BDL/kja Enclosure pc: Ovid "Gus" Plumb M:\P1075\001\Barker Itr.doc Exhibit A 105.102327 - Ehrlich 5E-423 CD Owner No. Credit To Type Interest 60061 Ovid A Plumb (39.99/477.21 *5.555556%*15%) +(9.31/477.21 *5.555556%*15%) +(15.58/477.21*5.555556%1 +(40.72/477.21*5.555556°/01 = RI 0.00184405 « Your Interest 60061 Ovid A Plumb (40.48/477.21*5.555556%*15%) = RIS 0.00070689 «Your Interest 12. By Quit-CIa:+Yt Deed dated Jul' 2S, 1909, and recorded September 21, 1921 at Reception No_ 3362273. Augustus 1L Plumb and Harry N. Haynes, acting for 11:,n -elf and all other heirs at law of Anna Elizabeth Haynes, deceased, conveyed unto Weld County, Colorado, a strip of land forty {40) feet wide and twenty (20, feet each side of said center line along the section line between Section 7 and Section S running thence north on section line between Sections 7 and S a distance of three -fourths of a mile. Subsereaentt; by deed dated January 5, 1993, and recorded January 26, 1993 at Reception No. 2319505, the Board of Corn,-..jasinners of Weld County conveyed unto "The Present Owners" the above mentioned strip of land. A correction deed dated February 11. 1993, and recorded February 11, 1993 at Reception No. 2.32155-, was issued. This deed appears to correct the prior deed so that only the minerals underlying the strip of land are conveyed_ However, the Grantee of the correction deed is again stated as "The Present Owners." Our opinions expressed herein are subject to the correctness of our assumptions that the intent of the Board of Commissioners of Weld County was to convey the minerals underlying the above strip of land to the then owners of the minerals adjacent to said strip of land_ However, this conveyance did not adequately effectuate a transfer by simply stating the Grantees to be "The Present Owners." Requirement. You should prepare and obtain anorl,ec correction deed from the Board of Co-+,++,+ssioners of Weld County which specifies each of the Grantees in their respective proportionate interest,, of the minerals immediately surrounrTh g the above strip of land and place the same of record in the real property records of Weld County, Colorado. 13. By Quit -Claim Deed dated July 25, 1909, and recorded September 21, 1921 at Reception No. 3622-3, Augustus M. Plumb and Hares N. Haynes, acting for himself and all other heirs at law of A r,.,a Elizabeth Haynes, deceased, conveyed unto Weld County a strip of land 40 feet wide, with the center Lice of said strip be",g the border of Section 7 and Section 5. Said deed was specifically granted for the purposes of constructing a roadway, however, there was no explicit reservation language contained wiehjn the document. Subsequently, by Weld County, Colorado Oil and Gas Lease dated July 30, 195,4, and recorded Augusz 13, 1984 at Reception No. 1977659, Weld County. Colorado, a political subdivision of the State of Colorado, by the Board of County Commissioners, leased unto W:e'Th:ta Industries, Inc., a strip of land being forty (40; feet wide and twenty (20;i feet each side of said center line described as follows: Begs+*•+*g at the section corner common to Section 7, 5, 17 and 15, running thence north on section line between said Sections Seven f) and Eight (S) a distance of three-fou th_s of a mile and cont^+4,-,inz 3.64 acres, more or less, being Lease 3..a1_ r.qatably, Leases 11-O, and FF-LL also purport to cover the above lands covered by Lease II1L Finally, by Correction Qnitcla;m Deed dated February 11, 1993, and recorded February 11, 1993 at Reception No. 2321557, the Board of County Commissioners of Weld County conveyed all of their right, title and interest in the above strip to the `'Present Owners." Our opinions expressed herein are subject to the correctness of our assumptions that {a'. Subject Leases 3.1-0, and FF-LL do not cover the minerals underlying the above strip, and therefore, are subordinate to Lease IDS and are treated as top leases es to said strip; and Op) the above conveyance from the Weld County Board of County Commissioners to the "Present Owners" was intended to convey, and did in fact convey, the minerals underlying the above strip of land to the current owners of the minerals immediately snrrouy+d+ng the SE /41\TE /4. Requirement: You should prepare and obtain a corrective deed from the Weld County Board of Count- Con'w:ssioners which specifies the intended Grantees and the_ proportionate interests in the minerals imsmediately surrounding above strip of land, and place the same of record in the real property records of Weld County, Colorado. r 1 THIS DEEIL3, made this //J=". day of February, 1993, between the Board of County Commissioners of the County of Weld and State of Colorado, of the first part, and The Present Owners, of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has 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, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the minerals located under the following described real estate: A strip of land forty (40) feet wide and twenty (20) feet each side of center line described as follows: Beginning at the section corner common to Sections 7, 8, 17, and 18, in Township Five (5) North, Range Sixty -Four (64) West of the Sixth (6th) P.M.; running thence north on section line between said Sections Seven (7) and Eight (8) a distance of three -fourths of a mile. This correction QUIT CLAIM DEED is executed for the purpose of correcting a QUIT CLAIM DEED dated January 25, 1993 and recorded at Rec 02319505 i3 1368 F 0652. 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, heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. In Witness Whereof, I, Constance L. Harbert, Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order containedn the Resolution made by said Board of County Commissioners on the //P-"/ day of February, 1993, have hereunto set my hand and affid the seal of said County this /�-- day of ( County ) February, 1993, for the uses and ( Seal ) purposes therein set forth. ATTEST: WELD C BY: f WIZ ,1 UNTY CLE EPUTY CLE STATE OF COttORADO County of Weld BOARD } SS. (Seal) airman, Boar o' County Commissioners County of Weld, Colorado Ai The foregoing instrument was acknowledged before me this // day of February, 1993, by Constance L. Harbert, as Chairman of the Board of County Commissioners of the County of Weld in the State of Colorado. My commis - <_. _ ' res : 1;i beet, ?; /9ff Witnes an - +i,official seal this a day of February, A.D., 1993. DIANE K *H g ,,,+�'. DE EID, Blade tries (ere - clay ui. and - betweer� the Board of County flvmxni st paxt a and fTh�Pres�ttlt a�fvta�rr�`, Of State of Colorado, of the e4 Q the second part, 0 WITNESSETE, That the said party of the first part, for and dtin re consideration of the sum of TEN DOLLARS, to the said dopartyrof the he o first part in hand paid by the said party receipt whereof is hereby confessed and acknowledged, has remised, athese presents a x released, sold, conveyed and QUIT CLAIMED, and CLAIM unto the said arm does remise, release, sell,convey and o party of the second part, its heirs, successors and assigns, a forever, all the right, title, interest, claim and demand which the 0 said party of the first part has in and todthe eifollowing described 0,1 Lots or parcels of land situate, lying Weld and State of Colorado, to wit: 0 °-+ g (20) feet each w R strip of land forty (40) wide and twenty ce u side of center line described as follows: Beginning at w the section corner common ,tRangeSections Si Sixty -Pour ; 64, 8, tand ; West ltaf ince la Township Five () el E4 the Sixth (6th) F.M.; running thence north on section n v m line between said Sections Seven (7) and Eight (8) distance of three -fourths of a mile. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto brigh�ing or in atitle, interest ywise thereunto appertaining, and all theestate, and claim whatsoever, of the said party of the benefit Land rst part, either in in law or equity, to the only proper use, said party of the geeond part, he:Lrs and assigns forever. IN WITNESS WHEREOF, The said party ofahe first first part above hereunto set its hand and Seal the day written. ur ®+ ord P404 2 CD ra CO n , Chairman of In Witness Whereof, I,�--""_ the Board of County Commissioners of said County virtue State of Colorado, on behalf of said County and b abyid Board of c; Order er contained in the Resolution made byd of t ( �, : _, Commissioners on the hand and aff i e the• 19 . g,. , have hereunto set my day of 4. s al of said County this i LA ` 1.9 <f , for the uses and ( County ) !f, °sea tf rein set forth. Seal ) ,.�•, p I STATE OF COLORADO County of weld (Seal) C rairman, Board of County Commissioners County of Weld, Colorado Dl/.,'/93 SS. The . foregoing trument was acknowledged d fue me this by T�4 day � � ., =:- as C. i of the Board of County gm isaner's of the County of Weld in the State of Colorado. My gosaion expires; t'• seal this stay of Wit�0 .�.ind R.Dandl�O$ trial AR2319505 QU I T CLAIM DEED 'PH I S DEED, Made this a day of �j� . , 19 93 , between the Board of County Commissioners of t e Count of Weld and State of Colorado, of the first part, and The Present Owners, of c o the second part, O -4 o WITNESSETH, That the said party of the first part, for and in U consideration of the sum of TEN DOLLARS, to the said party of the a • first part in hand paid by the said party of the second part, the O w receipt whereof is hereby confessed and acknowledged, has remised, O 3 released, sold, conveyed and QUIT CLAIMED, and by these presents 0 c4 does remise, release, sell,convey and QUIT CLAIM unto the said tA-°a party of the second part, its heirs, successors and assigns, o forever, all the right, title, interest, claim and demand which the o said party of the first part has in and to the following described rn a lots or parcels of land situate, lying and being in the County of :Y',a Weld and State of Colorado, to wit: tin .max a A strip of land forty (40) wide and twenty (20) feet each CAL) side of center line described as follows: Beginning at c z the section corner common to Sections 7, 8, 17, and 18, CNI in Township Five (5) North, Range Sixty -Four (64) West of o the Sixth (6th) P.M.; running thence north on section w line between said Sections Seven (7) and Eight (8) a distance of three -fourths of a mile. o▪ w Z TO HAVE AND TO HOLD the same, together with all and singular o the appurtenances and privileges thereunto belonging or in anywise ✓ a thereunto appertaining, and all the estate, right, title, interest • g4 and claim whatsoever, of the said party of the first part, either • z in law or equity, to the only proper use, benefit and behoof of the CO CN said party of the second part, heirs and assigns forever. en w -'0 IN WITNESS WHEREOF, The said party of the first part has w hereunto set its hand and seal the day and year first above written. �1 In Witness Whereof, I, ConsfanCe. L. I4arbe,rf , Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the A,56- day of 0.71M�tlnA 44_ , 19 Q3 , have hereunto set my hand and affixethe 4fi s a1 of said County this 45 -- day of ( County.:. -)...Via.. gj d a,1 A „ , 19 q3 , for the uses and Seal.:.3. . p • poses ti6erein set forth. ATTEST: WELD COUNT" C BY: OEPUTY CLE-RX TO THE 05 :_ STATE OF COLORADO (Seal) Chairman, Board of County Commissioners County of Weld, Colorado 0/41745t6 County of Weld ss. The foregoing LAstrument was acknowledged before me this / 1 - _ .2 Exhibit A 105.102326 - Ehrlich 5E-323 NB Owner No. Credit To Type Interest 76614 BTA Oil Producers LLC (40.02/235.91"3.551977%*15%) = RI 0.00090384 «Your Interest 12. By Qnit-Clain Deed dated July 25, 1909, and recorded September 21, 1921 at Reception No. 362273, Augustus M. Plnmb and Harry N. Haynes, acting for himself and all other heirs at law of Anna Elizabeth Haynes, deceased conveyed unto Weld Counts, Colorado, a strip of land forty (40) feet wide and twenty (20; feet each side of said center line along the section line between Section 7 and Section 8 running thence north on section line between Sections 7 and S a distance of three -fourths of a mile. Subsequently, by deed dated Jannary 5. 1993, and recorded January 26. 1993 at Reception No _= 1?:C:, the Bcud cf Cousnti a:c,:sess of n"eld Count- conveyed unto "The Present Owners" the above mentioned strip of land. A correction deed dated February 11, 1993, and recorded February 11, 1993 at Reception No. 232155', was issued. This deed appears to correct the prior deed so that only the minerals underlying the strip of Lind are conveyed. However, the Grantee of the correction deed is again stated as "The Present Owners." Onr opinions expressed herein are subject to the correctness of mu asssnaptions that the intent of the Board of Commissioners of Weld County was to convey the minerals underlying the above strip of land to the then owners of the minerals adjacent to said strip of Lind. However, this conveyance did not adequately effectuate a transfer by simply stating the Grantees to be "The Present Owners." Requirement: Yon should prepare and obtain another correction deed from the Board of Commissioners of Weld Cosuaty which specifies each of the Grantees in their respective proportionate interests, of the minerals immediately s mounding the above strip of land and place the same of record in the real property records of Weld Counts, Colorado. 13. By Qnit-Claim Deed dated July 28, 1909, and recorded September 21, 1921 at Reception No. 3622'3, Augustus M. Plumb and Harry N. Haynes, acting for himself and all other heirs at law of Anna Elizabeth Haynes. deceased, conveyed unto Weld County a strip of land 40 feet wide, with the center line of said strip being the border of Section 7 and Section 8. Said deed was specifically granted for the purposes of constricting a roadway. however, there was no explicit reservation language contained within the document. Subsequently. by Weld Counts, Colorado Oil and Gas Lease dated jury 30, 1984, and recorded August 15, 19S4 at Reception No. 1977659, Weld County, Colorado, a political snbdivision of the State of Colorado. by the Board of County Commissioners, leased muato Wichita Industries, Inc., a strip of land being forts (40; feet wide and twenty ;20i feet each side of said center line described as follows: Beginning at the section corner common to Section 7, S. 17 and !S, running thence =north on section lire between said Sections Seven 7 and Eight ,.S a distance of three -fourths of a mile and containing 3.64 acres. more or less. being Lease MM Notably, Leases M -O, and FF-LL also purport to cover the above lads covered by Lease lsL\l Finally. by Correction Ouutclaam Deed dated February 11. 1993. and recorded February 11, 1993 at Reception No. 2321557, the Board of County Commissioners of Weld County conveyed all of their right, title and interest in the above strip to the "Present Owners." Our opinions expressed herein are susbject to the correctness of oils assumptions that: (a) Subject Leases M -O. and FF-LL do not cover the minerals underlying the above strip, and therefore, are subordinate to Lease MM and are treated as top leases as to said strip; and ibi the above conveyance from the Weld County Board of Corusty Commissioners issioners to the "Present Owners" was untended to convey, and did us fact convey, the minerals underlying the above strap of land to the current owners of the minerals immediately s+ucounding the SE/4NE/4. Requirement: You should prepare and obtain a corrective deed from the Weld County Board of County Commissioners which specifies the intended Grantees and their proportionate interests in the minerals innmedsately s mound: ig above strap of land. and place the same of record in the real property records of Weld County, Colorado. PDC ENERGY Growing E&P Value July 27, 2016 Board of Commissioners Weld County, Colorado P.O. Box 758 Greeley, CO 80632 RECEIVED AUG 05 2016 WELD COUNTY COMMISSIONERS RE: Township 5 North, Range 64 West, 6th P.M. That part of the following tract lying within the SW4NW4, S2SW4 of Sec. 8 and within the SE4NE4, E2SE4 of Sec. 7: A strip of land 40' wide and 20' long on each side of the centerline described as follows: Beginning at the section corner common to Section 7, 8, 17 and 18 in T5N, R64W; running thence north on the section line between sections 7 and 8 a distance of 3/4ths of a mile containing 1.2118 acres, more or less. Gentlemen, In preparation for additional oil and gas exploration, PDC is curing title under its drillsites, some of which include referenced lands. Our counsel has made the requirement (see attached) that Weld County execute a Correction of Quitclaim Deed to correct a previous ambiguity. To summarize, in the previous Quitclaim Deed, as amended, the Assignees were shown as "the Present Owners". Our counsel believes that we need to identify the present owners by name. Please see the attached portions of our title opinion that list the mineral owners and their percentage interests. Kindly review the enclosed Correction of Quitclaim Deed and if acceptable, please execute both originals and return one such to PDC in the enclosed envelope. Please contact the undersigned if you have any questions about this matter. Thank you and, Best re Philip Sh ardson Land artment 303 318-6137 CORPORATE OFFICE: PDC Energy 1775 Sherman Street, Suite 3000 Denver, Colorado 80203 (303) 860-5800 EASTERN REGIONAL HEADQUARTERS: PDC Energy 120 Genesis Boulevard • P.O. Box 26 Bridgeport, West Virginia 26330 (304) 842-3597 PDC Energy, Inc. April 13, 2016 Page 31 Tract 1 Township 5 North, Range 64 West, 6th P.M. Section 8: That part of the following tract of land lying within the SW/4SW/4: A strip of land 40' wide and 20' on each side of the centerline described as follows: Beginning at the section corner common to Sections 7, 8, 17, and 18, in Township 5 North, Range 64 West; running thence north on the section line between said Sections 7 and 8 a distance of 3/4`hs of a mile Containing 0.6059 acres, more or less Oil, Gas, and Associated Hydrocarbons2 Kenneth W. Jurgens Jeanette Ann Collins Jack Allen Walter Pearl Aline Held Suzanne Muller itailemaissittwietwitittg- Jfv LLlnt % AV, / J / Aftr,��'� Interest OGL 20.000000% 1 20.000000% 1 20.000000% 1 20.000000% 1 10.000000% 1 5.000000% 1 2 See Title Comment and Requirement No. 33, regarding our assumptions as to the ownership of oil, gas, and associated hydrocarbons underlying Tract 1. PDC Energy, Inc. April 13, 2016 Page 32 BTA Oil Producers, LLC 3.551977% 1 Blackriver Niobrara Partners, LLC 1.448023% 1 PDC Energy, Inc. April 13, 2016 Page 167 Tract 65 Township 5 North, Range 64 West, 6th P.M. Section 7: That portion lying within the S/2SE/4 of Section 7 of a strip of land 40' wide and 20' on each side of the centerline described as follows: Beginning at the section corner common to Sections 7, 8, 17, and 18, in Township 5 North, Range 64 West; running thence north on the section line between said Sections 7 and 8 a distance of 3/4t's of a mile Containing 0.6059 acres, more or less Oil, Gas, and Associated Hydrocarbons81 Joan M. Johnston Donald G. Gervais and Emily A. Gervais, Trustees of the Gervais Revocable Trust dated December 14, 2000 a.L'f1.5. N/I ?'/ 1 M )(1 1,1 k i i (1� Bail. of (heeley) as Trustee udder the Last Will int 1 A.6zWAria f wwR�:s�e.� .►�3 O O. D o 25 1 z /borothy Jean Peterson Phyllis L. Dunn, Trustee of the Phyllis L. Dunn Living Trust created under agreement dated March 7, 2001 Anita L. Owen - Carolyn Plumb Interest OGL 6.944444% 1 6.944444% 1 8.333333% 1 8.333333% 1 5.555556% 1 5.555556% 1 Ovid A. Plumb 5.555556% 1 Nancy Jane Allnutt 16.666667% 1 2004 Patterson Family Revocable Trust under 16.666667% 1 trust agreement dated August 31, 2004 81 See Title Comment and Requirement No. 33, regarding our assumptions as to the ownership of oil, gas, and associated hydrocarbons underlying Tract 65. PDC Energy, Inc. April 13, 2016 Page 168 Donna Marie Arnold Patricia Ellen Burch Roberta Jean Nelson /Liz 7 5.555556% 1 -tea 1 5.555556% 1 B 1370 REC 02321557 02/11/93 15:46 $0.00 1/001 F 0998 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO CORRECTION AR232I557' QUIT CLAIM DEED THIS FD E E ID, made this /// 614 day of February,. 1993, between the Board of County Commissioners of the County of Weld and State of Colorado, of the first part, and The Present Owners, of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has 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, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the minerals located under the following described real estate: A strip of land forty (40) feet wide and twenty (20) feet each side of center line described as follows: Beginning at the section corner common to Sections 7, 8, 17, and 18, in Township Five (5) North, Range Sixty -Four (64) West of the Sixth (6th) P.M.; running thence north on section line between said Sections Seven (7) and Eight (8) a distance of three -fourths of a mile. This correction QUIT CLAIM DEED is executed for the purpose of correcting a QUIT CLAIM DEED dated January 25, 1993 and recorded at Rec 02319505 B 1368 F 0652. 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, heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. In Witness Whereof, I, Constance L. Harbert, Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained,11n the Resolution made by said Board of County Commissioners on the //W- day of February, 1993, have hereunto set my hand and affi�xxed the seal of said County this // — day of February, 1993, for the uses and purposes therein set forth. ( County ) ( Seal ) ATTEST: WELDCOUNTY CLE BY: / ', DEPUTY CLERK' ttTE) STATE OF COLORADO County of Weld E BOARD ) ss. (.t74,.e4:-›� .,'�.4/{Seal) Chairman, Boar o ounty Commissioners County of Weld, Colorado The foregoing instrument was acknowledged before me this // day of February, 1993, by Constance L. Harbert, as Chairman of the Board of County Commissioners of the County of Weld in the State of Colorado. My commiss';:- fires: .tP Y P� Witnes official seal this A.D., 1993. gcd21093.db DIANE K; Or: BECKMAN %: a ( 7/7166, /9,' /9f // day of February, M' Comm. Expires Oct 7,199$ c)3010.a- AR2319511.5 BY: QUIT CLAIM DEED THIS DEED, Made this ,;25t day of! , 19 93 , between the Board of County Commissioners of t e Count of Weld and State of Colorado, of the first part, and The Present Owners, of v the second part, ,..4O WITNESSETH, That the said party of the first part, for and in O consideration of the sum of TEN DOLLARS, to the said party of the a first part in hand paid by the said party of the second part, the o w receipt whereof is hereby confessed and acknowledged, has remised, 0 3• released, sold, conveyed and QUIT CLAIMED, and by these presents o a does remise, release, sell,convey and QUIT CLAIM unto the said aparty of the second part, its heirs, successors and assigns, o forever, all the right, title, interest, claim and demand which the o said party of the first part has in and to the following described m, a lots or parcels of land situate, lying and being in the County of .":,,n Weld and State of Colorado, to wit: tn ,x Z a M A strip of land forty (40) wide and twenty (20) feet each 0, side of center line described as follows: Beginning at w z the section corner common to Sections 7, 8, 17, and 18, w in Township Five (5) North, Range Sixty -Four (64) West of c the Sixth (6th) P.M.; running thence north on section rrzz line between said Sections Seven (7) and Eight (8) a a distance of three -fourths of a mile. ow inw o+ m z TO HAVE AND TO HOLD the same, together with all and singular c the appurtenances and privileges thereunto belonging or in anywise c) a thereunto appertaining, and all the estate, right, title, interest ww £ 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 CO N said party of the second part, heirs and assigns forever. M ^'o IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. /a - In Witness Whereof, I, COnsianCP, L. I4arbe r Iy , Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 19 g day of 211/ri/c ik n { _ , have hereunto set my hand and affixe the �f s, al of said County this S — day of (Lint) a,1 c , 19 9,3 , for the uses and Seal:.). p poses tbilerein set forth. ( County:. •)_ !� ATTEST: WELD uU T Y (.. .<T0 OEPLTY CLEF;( TO T;;C COD STATE OF COLORADO County of Weld (Seal) Chairman, Board of County Commissioners County of Weld, Colorado s$. The foregoing strument was acknowledged befo�r.� a me this 2S .77— day of ✓� , 19 4 3 , by C'o,057-4.c� � as C airman of the Board of County Commissioners of the County of Weld in the State of Colorado. My commiss-i;.on expires: My Can;,issica EVras januay 10,1025 Wit e` .s, lillrand and official • . A.D., 19 q3 (.P)k-1( seal this o7S day of 930102 PDC ENERGY Growing E&P Value May 27, 2016 Board of Commissioners Weld County, Colorado P.O. Box 758 Greeley, CO 80632 RECEIVED MAY 3 1 2016 WELD COUNTY COMMISSIONERS RE: Township 5 North, Range 64 West, 6th P.M. That part of the following tract lying within the SWSW of Sec. 8 and within the SESE of Sec. 7: A strip of land 40' wide and 20' long on each side of the centerline described as follows: Beginning at the section corner common to Section 7, 8, 17 and 18 in T5N, R64W; running thence north on the section line between sections 7 and 8 a distance of 3/aths of a mile containing 0.1318 acres, more or less. Gentlemen, In preparation for additional oil and gas exploration, PDC is curing title under its drillsites, some of which include referenced lands. Our counsel has made the requirement (see attached) that Weld County execute a Correction of Quitclaim Deed to correct a previous ambiguity. To summarize, in the previous Quitclaim Deed, as amended, the Assignees were shown as "the Present Owners". Our counsel believes that we need to identify the present owners by name. Please see the attached portions of our title opinion that list the mineral owners and their percentage interests. Kindly review the enclosed Correction of Quitclaim Deed and if acceptable, please execute both originals and return one such to PDC in the enclosed envelope. Please contact the undersigned if you have any questions about this matter. Thank you and, Best rega Philip S pardson Land epartment 303 318-6137 CORPORATE OFFICE: PDC Energy 1775 Sherman Street, Suite 3000 Denver, Colorado 80203 (303) 860-5800 EASTERN REGIONAL HEADQUARTERS: PDC Energy 120 Genesis Boulevard • P.O. Box 26 Bridgeport, West Virginia 26330 (304) 842-3597 33. Ownership of Oil, Gas, and Associated Hydrocarbons underlying Tracts 1 and 65 (Part of the S/2SE/4 of Section 7 and the S/2SW/4 of Section 8, Township 5 North, Range 64 West). By Quitclaim Deed dated July 28, 1909, recorded September 21, 1921, at Reception No. 362273 of the records of Weld County, Colorado (the "Plumb Quitclaim Deed"), Augustus M. Plumb and Harry N. Haynes, acting for himself and all other heirs at law of Anna E. Haynes, deceased, granted to Weld County, Colorado, the following described property: "a strip of land forty (40) feet wide and twenty (20) feet each side of center line described as follows: Beginning at the section corner common to Sections 7, 8, 17 and 18, in Township Five (5) North, Range Sixty -Four (64) West of the Sixth (6th) P.M.; running thence north on section line between said Sections Seven (7) and eight (8) a distance of three -fourths of a mile... It is understood this conveyance is for the purpose of construction of county road ...." The Plumb Quitclaim Deed specifically states that the land conveyed is to be used for the construction of a county road, but does not contain an express reservation of minerals. When lands are conveyed by deed without any limitations on the grant the grantee generally acquires a fee interest in the surface and mineral estates in the lands conveyed. When a deed conveys a tract of land for roadway purposes, however, some courts have held that whether the road is PDC Energy, Inc. April 13, 2016 Page 281 acquired by deed, dedication, condemnation, or prescription, the county or other public entity acquiring the road acquires an easement only. R. Patton, Patton on Land Titles § 143 (2d. ed. 1994), cited with approval in Near v. Calkins, 946 P.2d 537, 541 (Colo. App. 1997). Historically, a county can own real property only to the extent such property is necessary for county purposes. Farnik v. Bd. of County Comm'rs of Weld County 341 P.2d 467, 475 (Colo. 1959). In Farnik, the court held that Weld County could not continue to hold mineral interests it had acquired by reservation in deeds conveying lands acquired by the county in tax sale proceedings, since such mineral interests were not necessary for county purposes. The Supreme Court of Colorado, in determining the interest conveyed by a deed conveying a strip of land for roadway purposes, held that where a deed purports to convey in fee a narrow strip of land to a county for road or highway purposes, the county acquires only an easement across the surface, notwithstanding the purported grant in fee and the absence of a mineral reservation in such deed. Bd. of County Comm'rs of Logan County v. Morris, 362 P.2d 202 (Colo. 1961). In Logan County, the court based its holding largely on the intent of the parties and the needs of the county in acquiring the strip of land ("It is a strained construction...to assume that the parties, when bargaining for a right-of-way for highway purposes, intended...that the county would go into the oil producing business on these lands. Nothing more was needed for road purposes than an easement..."). Based upon title examinations we have conducted covering lands in other counties, we are aware that counties have taken differing positions as to the ownership of the oil, gas, and associated hydrocarbons underlying county roads. Weld County has taken the position that the county owns the minerals under county roads where title was acquired pursuant to deeds containing no mineral reservation, similar to the Plumb Quitclaim Deed, and has a long history of executing oil and gas leases covering the mineral estate underlying county roads. Given this background, there remains some ambiguity as to whether the Plumb Quitclaim Deed granted title to the surface and oil, gas, and associated hydrocarbons underlying Tracts 1 and 65 to Weld County, or conveyed an easement only. We note that none of the subsequent conveyances of the surface or oil, gas, and associated hydrocarbons in the S/2SE/4 of Section 7 or the S/2SW/4 of Section 8, Township 5 North, Range 64 West, excepts Tracts 1 or 65. Further, all of the oil and gas leases covering lands adjacent to Tracts 1 and 65 described the leased lands as including Tracts 1 and 65. Notwithstanding these facts, however, Weld County, Colorado, executed an Oil and Gas Lease dated July 30, 1984, recorded August 15, 1984, at Reception No. 1977659 of the records of Weld County, Colorado (the "Weld County Lease"), in favor of Wichita Industries, Inc., covering Tracts 1 and 65. Weld County subsequently executed a Quit Claim Deed dated January 25, 1993, recorded January 26, 1993, at Reception No. 2319505, whereby it quitclaimed all of its right, title, and interest in Tracts 1 and 65 to "the Present Owners." A Correction Quit Claim Deed dated February 11, 1993, recorded February 11, 1993, at Reception No. 2321557 of the records of Weld County, Colorado, corrects the above -described January 25, 1993 Quit Claim Deed to include only minerals, excluding any interest owned by the county in the surface estate. The PDC Energy, Inc. April 13, 2016 Page 282 identification of the grantees only as "the Present Owners" creates an ambiguity as to the ownership of any oil, gas, and associated hydrocarbons conveyed by virtue of the January 24- 1993 Quit Claim Deed, as amended. For purposes of this Opinion, we have treated the Weld County Lease as a current oil and gas lease covering 100% of the oil, gas, and associated hydrocarbons underlying Tracts 1 and 65, being Lease No. 1 of this Opinion. We also credited the owners of the oil, gas, and associated hydrocarbons underlying Tract 63, which abuts Tract 65, with 100% of the oil, gas, and associated hydrocarbons in Tract 65. Similarly, we have credited the owners of the oil, gas, and - associated hydrocarbons underlying Tract 2, which abuts Tract 1, with 100% of the oil, gas, and associated hydrocarbons underlying Tract 1. REQUIREMENT: For drilling and division order purposes, you should cause Weld County, Colorado, to execute a corrective quitclaim deed covering all right, title, and interest in the oil, gas, and associated hydrocarbons underlying Tracts 1 and 65 that it acquired under the Plumb Quitclaim Deed to the owners of the oil, gas, and associated hydrocarbons underlying Tracts 2 and 63, respectively, in the proportions set forth in the Ownership Tables of this Opinion. � ; 'ina1iy; you should require all parties owning an interest in Lease Nos. 2, 56-60 and 64-66 to execute amendments to such leases, correcting the legal descriptions therein to exclude those lands in Tracts 1 and 65, and should place such amendments of record in Weld County, Colorado. PDC Energy, Inc. April 13, 2016 Page 3 ( Tract 1 Township 5 North, Range 64 West, 6th P.M. Section 8: That part of the following tract of land lying within the SW/4SW/4: A strip of land 40' wide and 20' on each side of the centerline described as follows: Beginning at the section corner common to Sections 7, 8, 17, and 18, in Township 5 North, Range 64 West; running thence north on the section line between said Sections 7 and 8 a distance of 3/4ths of a mile Containing 0.6059 acres, more or less Tract 2 Township 5 North, Range 64 West, 6th P.M. Section 8: SW/4SW/4 LESS and EXCEPT Tract 1 Containing 39.3941 acres, more or less Tract 3 Township 5 North, Range 64 West, 6th P.M. Section 8: SE/4SW/4 Containing 40.00 acres, more or less Tract 4 Township 5 North, Range 64 West, 6th P.M. Section 8: SW/4SE/4 Containing 40.00 acres, more or less Tract 5 Township 5 North, Range 64 West, 6th P.M. Section 8: SE/4SE/4 Containing 40.00 acres, more or less PDC Energy, Inc. April 13, 2016 Page 22 Tract 63 Township 5 North, Range 64 West, 6th P.M. Section 7: That part of the following parcel of land lying within the S/2SE/4: Beginning at the Southeast corner of Section 7 and running thence as follows: North 3081 feet along the East line of said Section, thence South 87°04' West 225 feet; South 63°55' West 286.5 feet; South 89°40' West 361 feet; South 86°56' West 477.7 feet; South 86°56' West 62 feet; North 81°23' West 315.2 feet; South 07°33' East 593.5 feet; South 78° 59' West 129 feet; South 02°26' East 82 feet; South 35° 45' West 472 feet; South 80°05' East 142 feet; South 56°59' East 140 feet; South 03°10' East 584 feet; South 36°52' East 521 feet; South 07°36' East 330 feet; South 86°56' East 371 feet; South 01°12' West 430 feet; South 88°50' East 973 feet more or less to the point of Beginning LESS and EXCEPT Tract 64. Containing 39.4745 acres, more or less Tract 64 Township 5 North, Range 64 West, 6th P.M. Section 7: Lot A of Recorded Exemption No. 0963 -07 -RE -3385, as recorded December 26, 2002, at Reception No. 3017788 of the records of Weld County, Colorado Containing 3.4787 acres, more or less Tract 65 Township 5 North, Range 64 West, 6th P.M. Section 7: That part of the following tract of land lying within the SE/4SE/4: A strip of land 40' wide and 20' on each side of the centerline described as follows: Beginning at the section corner common to Sections 7, 8, 17, and 18, in Township 5 North, Range 64 West; running thence north on the section line between said Sections 7 and 8 a distance of 3/4ths of a mile Containing 0.6059 acres, more or less Oil, Gas, and Associated Hydrocarbons Kenneth W. Jurgens Jeanette Ann Collins Jack Allen Walter Pearl Aline Held Suzanne Muller Renee Cindie Scheiding BTA Oil Producers, LLC - Blackriver Niobrara Partners, LLC Oil, Gas, and Associated Hydrocarbons Dorothy Jean Peterson Phyllis L. Dunn, Trustee of the Phyllis L. Dunn Living Trust created under agreement dated March 7, 2001 Nancy Jane Allnutt Anita L. Owen Carolyn Plumb Ovid A. Plumb 2004 Patterson Family Revocable Trust under trust agreement dated August 31, 2004 Donna Marie Arnold Patricia Ellen Burch Roberta Jean Nelson Joan M. Johnston Donald G. Gervais and Emily A. Gervais, Trustees of the Gervais Revocable Trust dated December 14, 2000 Interest OGL 20.000000% 2 20.000000% 2 20.000000% 2 20.000000% 2 10.000000% 2 5.000000% 2 3.551977% 2 1.448023% 2 Interest OGL 8.333333% 56 8.333333% 56 16.666667% 57 5.555556% 58.. 5.555556% 58 5.555556% 58 16.666667% 59 5.555556% 60 5.555556% 60 5.555556% 60 6.944444% 64 6.944444% 65 Intrawest Bank of Greeley (fka The First National 2.777778% 66 Bank of Greeley) as Trustee under the Last Will and Testament of Lucille A. Plumb B 1370 REC 02321557 02/11/93 15:46 $0.00 1/001 F 0998 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO CORRECTION AR2321557 QUIT CLAIM DEED THIS D E E i7, made this //- day of February, 1993, between the Board of County Commissioners of the •f Weld and State of Colorado, of the first part, and ':' ., of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has 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, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the minerals located under the following described real estate: A. strip of land forty (40) feet wide and twenty (20) feet each side of center line described as follows: Beginning at the section corner common to Sections 7, 8, 17, and 18, in Township Five (5) North, Range Sixty -Four (64) West of the Sixth (6th) P.M.; running thence north on section line between said Sections Seven (7) and Eight (8) a distance of three -fourths of a mile. This correction QUIT CLAIM DEED is executed for the purpose of correcting a QUIT CLAIM DEED dated January 25, 1993 and recorded at Rec 02319505 B 1368 F 0652. 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, heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. In Witness Whereof, I, Constance L. Harbert, Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order containedn the Resolution made by said Board of County Commissioners on the // day of February, 1993, have hereunto set my hand and affid the seal of said County this //-- day of February, 1993, for the uses and purposes therein set forth. ( County ) ( Seal ) ATTEST: zze WELD COUNTY CLE BY: DEPUTY CLERKt1 0 STATE OF COLORADO County of Weld E BOARD Ss. 4,,( Seal ) airman, Boar o ounty Commissioners County of Weld, Colorado 66 The foregoing instrument was acknowledged before me this 2 day of February, 1993, by Constance L. Harbert, as Chairman of the Board of County Commissioners of the County of Weld in the State of Colorado. My commis s:;= fires: Witnes A.D., 1993. ged21093.db /'e, fat 7, /91f official seal this // day of February, MY Commfxplres Oct 7,1998 9 3O O -. AR23195DS HI O0 0 HO U O a ow 0• o �a O O U w at :4 cr .. us tn en Vm N H oGn a ow �z Z a z CO N 10 Lf1 M l0 .-1 0 mw QUIT CLAIM DE E D TH I S DEED, Made this cQj' day of between the Board of County Commissioners of t State of Colorado, of the first part, and the second part, , 19 g.3 , of Weld and A, of WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has 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, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: A strip of land forty (40) wide and twenty (20) feet each side of center line described as follows: Beginning at the section corner common to Sections 7, 8, 17, and 18, in Township Five (5) North, Range Sixty -Four (64) West of the Sixth (6th) P.M.; running thence north on section line between said Sections Seven (7) and Eight (8) a distance of three -fourths of a mile. 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, heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. In Witness Whereof, I, Cons+anCP. L. I4Q,rbe,rt , Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the day of n ...rf /rl�(S n c I .� 19 q3 , have hereunto set my hand and affixe the, s al of said County this kS — day of County. -),44., p0A,,,, 19 93 , for the uses and Seal' ) p poses therein set forth. ( ATTEST: WELD cu'f• TY CLE:PK BY:_ i. �pr�e c fu _.4,T DEPUTY CLERK TO Ti -;E C STATE OF COLORADO County of Weld (Seal) C airman, Board of County Commissioners County of Weld, Colorado Ollz7.J93 ss. The foregoing strument was acknowledged before me this c-sr%S ' day of �, 19 q3 , by &,,05 �J E.€. J . .x 13ER-- as C airman of the Board of County Commissioners of the County of Weld in the State of Colorado. My gommissi;.on expires: My Cornmiasi,z E;pira5,iavaiy 10, 1995 a . Wit �is nd and official seal this ,:<;e `' A.D., 19 '.3 • , z,' .i)ceil 8 -- day of 930102 Hello