HomeMy WebLinkAbout770312.tiff i Rp 35 Recorded at o'clock xi 1977
17. 194
Rec. No. _.�......�._....,,.,_„ Mary Ann Feuerstein, Recorder
7/-/
RESOLUTION
RE: AUTHORIZATION OF CHAIRMAN OF THE BOARD OF COUNTY COMMIS-
SIONERS TO EXECUTE MINERAL LEASE FROM WELD COUNTY TO
cy, FRANK STANLEY DAVIS AND BARNARD HOUTCHENS AS PERSONAL
REPRESENTATIVES OF THE ESTATE OF ROBERT S. DAVIS, DECEASED.
n
r-a WHEREAS, the Board of County Commissioners of Weld County,
(N:
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
o affairs of Weld County, Colorado, and
rn
WHEREAS, Weld County previously purchased certain real
estate commonly known as the "Davis Ranch" located east of
Greeley, Colorado, and
WHEREAS, the original contract purchase provided that the
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sellers , (Estate of Robert S. Davis , deceased) , were to reserve
an undivided one-half interest in and to all minerals except
sand, gravel, rock and soils owned by the grantors , and
WHEREAS , when the original warranty deed was delivered to
Weld County following the purchase of said real estate by Weld
County, said deed failed to reserve a one-half interest in and
to the aforementioned minerals , and
WHEREAS, in order to properly reflect the intention of
all parties to the aforementioned transaction, it is necessary
that Weld County execute a mineral deed conveying a one-half
interest in and to the minerals under the "Davis Ranch" (except
sand, gravel , rock and soils) , a copy of which mineral deed is
attached to this Resolution and incorporated by reference at
this point.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that June K. Steinmark,
Chairman of the Board of County Commissioners of Weld County,
Colorado, be, and hereby is, authorized to execute the mineral
deed conveying to Frank Stanley Davis andBarnard Houtchens,
as personal representatives of the estate of Robert S. Davis,
deceased, an undivided one-half interest in and to all minerals
under the real estate covered by said deed, except sand, gravel,
rock and soils, covering the real estate located in Sections 1,
2, 11 and 12 , Township 5 North, Range 65 West of the 6th P.M. ,
Weld County, Colorado, and more particularly described on
pkcr.
Exhibit "A" attached to said mineral deed.
IGvi s 770312
e°° ?5 1727190
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the10th day of
August, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, CO ORADO 1(I TEST t I l'(n T 2�UnR'�P[�r✓
qe'7 d £cunt y Clerk and Recorder
and 'C„ .erk ta. the Boar'
By: joi, , IfO1
puty County Cle
</ AP• :�VAD AS TO FORM:
o
County Attorney
Date Presented: August 10 , 1977
-2-
72''7190
No. 991A. —Bradford Publishing -....-1824-46 Stout Street. Denver. Colorado--6-41 4/-3
Mid-Continent Royalty MINERAL DEED
Owners Association
A,,proved Form Revised
COUNTY OF WELD, STATE OF COLORADO
KNOW ALL MEN BY THESE PRESENTS, That
of Greeley, Colorado 80631 hereinafter called Grantor (whether one or more)
(Give Exact Poetoffice Address)
for and in consideration of the sum of other valuable c(2115iderat.1Q.I1...$).nc ten Dollars
($ 10 . 00 ) cash in hand paid and other good and valuable considerations, the receipt of which is hereby
acknowledged �do hereby grant, bar ain sell, conveytransfer assign and deliver unto FRANK STANLEY DAVIS
AND BA1ItNARD HOUTCHENS AS P NAL�RESENTAT±VFS OF I THE ESTATE OF ROBERT S. DAVIS,
--DECEASED of 922.-.10th-Street)---Greerr--Colora- -20631
(Give EXftet Postoffice Aggress)
f
hereinafter called Grantee (whether one or more) an undivided 4TlQ'11�.)< (1/2) interest in.
except sand, gravel, rock and soils, nag awned by grantor
and to all of the oil, gas, and other minerals/in and under and that may be produced from the following described
lands situated in Weld County, State of , to-wit:
THE PROPERTY HEREBY CONVEYED IS DESCRIBED IN EXHIBIT A
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
except sand, gravel, rock and soils
811. 43 6 acres, more or less, together with the right of ingress and egress at all times for
thetp urpo g
the purpose of operating and developing said lands for oil, gas, and other mineral and marketing the same
therefrom with the right to remove from said lands all of Grantee's property and improv ents, including the release
and waiver of the right of homestead.
This sale is made subject to any rights now existing to any lessee or assigns under any valid and subsisting oil
and gas lease of record heretofore executed; it being understood and agreed that said Grantee shall have, receive, and
enjoy the herein granted undivided interest in and to all bonuses,rents,royalties and other benefits which may accrue
under the terms of said lease insofar as it covers the above described land from and after the date hereof,precisely as
if the Grantee herein had been at the date of the making of said lease the owner of a similar undivided interest in
and to the lands described and Grantee one of the lessors therein.
Grantor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of
the rights herein granted and likewise agrees that Grantee herein shall have the right at any time to redeem for
said Grantor by payment,any mortgage, taxes, or other liens on the above described land, upon default in payment
by Grantor, and be subrogated to the rights of the holder thereof.
TO HAVE AND TO HOLD the above described property and easement with all and singular the rights, privi-
leges, and appurtenances thereunto or in anywise belonging to the said Grantee herein.. their kid
successors,trawanupipestizzaicanuaatzatampazitatfax and assigns forever, and Grantor do.eS..hereby war-
rant said title to Granteetheir icacergx-matamcgarmatearatigramaiziaptaxistints successors and assigns
forever ima.gahereby agree to defend all and singular the said property unto the said Grantee herein
their/
�yylq�}bg •g,2}�iICp4Tj;f '�and assigns against every person whomsoever
claiming or to claim the same or any part thereof.
WITNESS OW hand this 28th day of July n77
CO OF..NELD,...SL _OF.COLORADD
`�
ATTEST: BY
'1/4711(22144-
• Ste
inmark,J K. Chairman,
1It?c� Feuerstein
1,I, •u.?nn. tm/ K.
County C�issioners
County of Weld, State of Colorado
Mary AnM
Clerk and Recorder
eld ty, Colorado
or) ORA O—GEPIERAL FORM)
COLORADO
STATE Ls.
COUNTY OF 1NEID _ /�j/1
The foregoing instrument was acknowledged before me this ./ "� day of
G , lo 77 , by-..J.UNE-.K....STEINWARK, CHAIRMAN, BOARD OF 00UN<I.'Y
..COMMIcsTOtlERS,_.CODUTY..OF...WRT.n,...STATE.AE_.ODLOBADO
Witness my hand and official seal.
My commission expires:
}' �� Notary Public
. µk 1'72'7190
y. �
In Township 5 North , Range 65 West of the 6th P . M . :
WELD COUNTY , COLORADO
Section 1: S1/2S1/2
All that part of the NE',; and the N1 of the SE' lying south of
Colorado Highway #263 excepting that part thereof lyihg north
of the Ogilvy Ditch, which comprises approximately 16 acres,
together with the improvements thereon, conveyed by deed
recorded December 23, 1975 in Book 755 under Reception No. 1677479,
d o t Rg yoy�r s, 3'7g parcel conveyed by deed recorded in Book 1513 , page
Section 2: A11'that�partuof the�E}l'Sof the SE' lying South of State Highway #263
as presently constructed, being more particularly described as
follows: beginning at the southeast corner of said Section 2, and
considering the East line of the SE'4 of said Section 2 as bearing
North 01 05' 46" East, with all other bearings contained herein
relative thereto; thence North 01. 05 ' 46" East, along the East
line of the SE1/4 of said Section 2, 1429, 39 feet to a point on the
South right of way line 'of Colorado State Highway #263 ; thence "
South 600 39' 19" West, along said South right of way line, 1535.88
feet; thence South 010 02! 52" West, 672.04 feet to the South line
of the SE'4 of said Section 2, thence South 890 48' 16" East„ along
the south line of the SEk, of said Section 2, 1.323.77 feet to the
southeast corner of said Section 2, said point being the point of
beginning, said described parcel of land contains 31.936 acres, more
or less.
Section 11: That part of the NE1 of the NWT lying and being South of the Cache
la Poudre River; the S1 of the NWT;, the NE1, the West 20 rods of the
N1 of the SE', 17.83 acres in the NA of the SEA as described in deed
recorded in Book 241, page 233, Weld County Records.
That part of the NE1 of the NA lying north of the Cache la Poudre
River and East of Sand Creek.
EXCEPT approximately 6 acres located near the south line of the NE1
of said Section 1.1 together with the improvements thereon, conveyed
by deed recorded January 16, 1976 in Book 757 under Reception
No. 1679098 of the Weld County Records.
Section 12: The N1 of the NWT;, the SE'4 of the NW'c„ the SW1 of the NW'x, the NE1
excepting therefrom that parcel of land described as beginning at
the southwest corner of the NE1 of said Section 12, thence East along the
South line thereof to the Southeast corner of said quarter section,
thence North along the East line of said Section, 1000 feet; thence •
southwesterly to the point of beginning. Also excepting a right of
way and a parcel of laud it the NA of the NE'-4 of said Section 12
lying East of the Platte River as conveyed by deed recorded in Book
985, page 317, Weld County records.
EXHIBIT A
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LAW OFFICES
HOUTCHENS, HOUTCHENS AND DANIEL
1007 NINTH AVENUE
GREELEY,COLORADO 60631 TELEPHONE 353-9195
S ROB R HHOUTCHEN AREA CODE 303
S.ODGERRI. HOUTCHENS
JOHNER I.HH TCHENNS August 1, 1977
JOHN B.HOUTCHENS
JERRY C.DANIEL
KIH ROBERT HOUTCHEN5
THOMAS A.HOUTCHENS
Thomas 0. David
County Attorney
Centennial Center
Greeley, Colorado 80631
Dear Tom:
Enclosed in duplicate (the duplicate for
your files) is mineral deed to be executed by
the Chairman of the Board of County Commissioners
and attested by the Clerk and Recorder, by which
a 1/2 interest in the oil, gas and other minerals
except sand, gravel, rock and soils, now owned by the
County is conveyed back to the Robert S. Davis
Estate. The description of the property is appended
as Exhibit A and is a copy of Exhibit A attached to
the deed.
S am not sure of the number of acres that
should be inserted in the space left blank. Perhaps
you should contact the assessor and you have our authority
to insert the number given to you by him.
When the deed has been executed and acknowledged
will you please send it together with the resolution
of the Board authorizing the Chairman to sign and the
Clerk and Recorder to attest on behalf of the
Commissioners, to me.
Very truly yours ,
BH/w rnard outc ens
Enclosures
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