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Home My WebLink About20141808.tiff WELD COUNTY ATTORNEY'S OFFICE 1861 1150 O STREET S 5 q \\ P.O. BOX 758 GREELEY, COLORADO 80632 PHONE: 970-336-7235 COUNTY it FAX: 970-352-0242 � - £ June 10, 2014 RECEIVED Maria M. Petrocco, Esq. JUN 1 0 2014 Law Offices of Maria Petrocco 10955 Westmoor Drive WELD COCOMMISSIONERS Westminster,CO 80021 Re: Minerals Underlying a Portion of WCR 25 Dear Ms. Petrocco: This letter is in response to your letter of June 5, 2014, regarding a claim for the minerals underlying a portion of Weld County Road 25. It is my understanding from your letter that in addition to Dianne E. Hahlweg, Linda S. Clary and Ina K. Devers claiming ownership of the subject minerals, a claim is being made by Henry Schaeffer Farms LLC. The Quit Claim Deed you offer for the Board of County Commissioners of Weld County to execute conveys only to Hahlweg, Clary and Devers. Your letter provides only a short explanation that, "Henry Schaeffer Farms LLC has no interest in this tract of this Road Deed as it was clearly excepted out of the vesting deed to Henry Schaeffer. . . ,"but gives no explanation as to the nature of the claim made by Henry Schaeffer Farms LLC. Although the Quit Claim Deed from David Severance to Weld County,dated September 28, 1903,and recorded at Book 163, Page 450, Document Number 92451, states, "Said strip of land is given for road purposes only . . . ," thus implying no minerals were conveyed, that language does not create a responsibility on the part of the Board of County Commissioners to interject itself into the dispute between Hahlweg, Clary and Devers, and Henry Schaeffer Farms LLC, by signing the offered Quit Claim Deed. The Board will not do so. Please call me at (970) 356-4000, ext. 4390, if you have any questions. rely, ruc . Barker ij Weld County Attorney pc: Esther Gesick, Clerk to the Board l ire vtuhnA .ano) 2014-1808 (o-Ili-2ofy Law Oakes of Maria Petrocco 10955 Westmoor Drive Westminster, Colorado 80021 maria(a)petroccolaw.com (303) 379-2125 D es` C©1 Q p V„i June 5, 2014 JUN _ 9 2074 g Bruce T. Barker, Esq. Weld County Attorney 1150 0 Street Greeley, CO 80631 Re: Minerals underlying County Road 25 Dear Mr. Barker: I am the attorney for Dianne Hahlweg, Linda Swanson Clary and Ina Devers, (collectively "Swanson's Heirs") whom I believe are the owners of the 6.85 acre mineral tract underlying County Road 25, in Weld County, Colorado, located in the Northwest Quarter of Section 7,Township 6 North,Range 66 West of the 6th P.M("Quarter Section'). In summary, this title issue arises from a deed recorded at Book 163, Page 450, Document No. 92451 dated September 23, 1903 in which David Severance conveyed to Weld County, a strip of land to be used as a road without a mineral reservation ("Road Deed"). The Road Deed contained conditional durational language that when the road was no longer used, it would automatically revert to the grantor, Severance or his heirs or assigns. The Road Deed, as we have so labelled, created a true text-book fee simple determinable. County Road 25 is currently in use and is being maintained by Weld County according to the Department of Public Works and the reversion is not at issue. I learned that historically Weld County treats these type of deeds as conveyances of an easement. Regardless of how the interest conveyed to Weld County for the road is categorized, ownership of the minerals belongs to Swanson's Heirs. If the Road Deed is defined as an easement, then of course the minerals were not conveyed to Weld County and were retained by initial grantor David Severance and were conveyed with surface in the Quarter Section until March 11, 1988 when Swanson's predecessors-in-title and heirs (Ruby Lorene Swanson and Trustee for Robert A. Swanson, deceased)by deed began clearly excepting out the tract of land known as the Road Deed.' Dianne Hahlweg,Thomas Robert Swanson and Ina Devers are children of Robert A.Swanson and stepchildren of Ruby Lorene Swanson. Thomas Robert Swanson is deceased and his interest was inherited by his spouse Linda Swanson Clary,who is now one of my clients in this matter. 2 Each Deed in the chain of title subsequent to the vesting deed to Swanson's parents and predecessors-in-title contained the following exception language:"excepted therefrom a tract of land conveyed to Weld County by deed recorded September 28,2901 in Book 163 at page 450 beginning more particularly described as a strip of land 60 feet width(and running around a seep hole)through the NW 9..of the NW 9.of Section 7, Township 6 North...." a. Warranty Deed recorded March 14, 1988 at Rec No.02133895 from Ruby Lorene Swanson and United Bank of Greeley as Trustee of Will of Robert A.Swanson to Robert A.Hamm. b. Warranty Deed recorded December 8, 1988 at Reception No.02164499 from Robert A.Hamm to Lawrence Wayne and Linda Lee Allred(portion of Section). c. Warranty Deed recorded May 1, 1992 at Reception No.02286512 from Robert A.Hamm to Henry Schaefer and Nancy Hammers. The Road Deed from that date forward was consistently excepted from all subsequent conveyances in the Quarter Section, and therefore title remained with Ruby Lorene Swanson and the Trustee of the Robert A. Swanson Trusts, subject to the easement created by the Road Deed. In 1999, Norwest Bank as trustee of Robert A. Swanson's trust and Thomas Swanson, as Personal Representative of the Estate of Ruby Lorene Swanson conveyed the remainder of their interests in the Quarter Section to Swanson's Heirs, which interests consisted of the surface and oil, gas and other minerals underlying the Road Deed, subject to Weld County's road easement.3 Alternatively, if the Road Deed is defined as Fee Simple Determinable with no mineral reservation, then the oil, gas and other minerals under the tract belong to Weld County. Since Weld County is only interested in retaining the surface for road use,title to the minerals should be conveyed to Swanson's Heirs whose parents excepted out the Road Deed over the years only to give any remaining interests in the end to Swanson's Heirs as described above. Furthermore, the oil and gas leasing history for the Quarter Section indicate that Swanson's Heirs are the mineral owners since they are the lessors of the minerals under the Road Deed. It makes sense since all the exception language preserving the Road Tract by their parents was a consistent pattern showing an intent to give their children,Swanson's Heirs all of the surface and/or mineral rights under the Road Tract, subject of course to Weld County road easement. My opinion is consistent with the opinion expressed in the Drilling and Division Order Title Opinion prepared by Akers & Associates on behalf of PDC Energy. Unfortunately,mineral ownership under this County Road is also being claimed by another landowner, Henry Schaeffer Farms LLC.4 This matter can be resolved if the County is willing to execute a Quit Claim Deed to my clients in equal shares for the oil,gas and other minerals underlying the Road Deed and surface if the Road Deed is treated as an easement. The conveyance would make title marketable and my Clients would be entitled to a release of funds from the oil and gas operation in the Quarter Section and pursuant to the Oil and Gas leases they executed. I have included copies of some of the relevant documents for your reference and review. I did not want to include copies of the entire chain of documents since I thought it might be both overwhelming and unnecessary. In addition,I have included a proposed Quit Claim Deed for your review and approval. 3 Quit Claim Deed recorded February 22, 1999 at Rec.No.2674571 from Thomas Swanson as Personal Representative of the Estate of Ruby Lorene Swanson, Deceased to Ina Kay Devers, Dianne Elaine Hehlweg and Thomas Robert Swanson. Quit Claim Deed recorded February 22, 1999 at Rec.No.267457 from Norwest Bank as Trustee of the Robert A. Swanson Trust A and Trust B to Ina Kay Devers, Dianne Elaine Hehlweg and Thomas Robert Swanson. Henry Schaeffer Farms LLC has no interest in this tract of this Road Deed as it was clearly excepted out of the vesting deed to Henry Schaeffer in the deed referenced in Footnote No. 1 (c). Thank you in advance for your time and attention to this matter. Please feel free to call me with any questions or concerns. Yo s truly Was. W ?Sada Maria M. Petrocco ENCLOSURES cc: Linda Swanson Clary cc: Donna. Keistler at PDC via e-mail without enclosures After recording please return to: Maria Petrocco 10955 Westmoor Drive#400 Westminster,Co 80021 THIS IS A CONVENIENCE DEED ONLY;NO DOCUMENTARY FEE IS DUE. QUIT CLAIM DEED (Minerals) This Deed, made effective as of the 1st day of May, 2010 by and between Weld County ("Grantor"),and Dianne Elaine Hahlweg,Linda Lee Swanson Clary and Ina Kay Devers,as tenants-in-common (collectively "Grantee"), whose street address is c/o Linda Clary, 12164 County Road 74,Eaton, Colorado 80615. Witnesseth,the Grantor, for and inconsideration of the sum of Ten Dollars ($10)and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged have remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto Grantee in equal shares, their heirs, successors and assigns forever, an undivided right title,interest, claim and demand which Grantor has in and to the oil, gas and other minerals, that are on, in, under or that may be produced from the following lands being in the County of Weld, State of Colorado (the "Property") described as follows: A strip of land 60 feet and running around a seep hold through the Northwest quarter of the Northwest Quarter of Section 7, Township 6 North and Range 66 West of the 6m P.M., as described in Quit Claim Deed dated September 28, 1903 at Book 163, Page 450, Document No. 92451. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining,and all the estate,right,title, interest and claim whatsoever of the Grantor,either in law or equity,to the only proper use, benefit and behalf of the Grantee, and the Grantee,their heirs, successors and assigns, forever. IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. Weld County By: Name: Title: 1 STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2014,by Witness my hand and official seal. My commission expires: SEAL Notary Public 2 450. QUIT-ot.ane moo.-nn.ns smos......e,d,.n n,,d.w wemo e. QUIT=CLAIM DEED. 'Ole 3Deeb, Made this_.-._..__.LL_ __day of_.fil'itieax. i4te nci..w 1 FROM is the year of our Lord one thousand eigia4-hundred and seivalpc _-- between __.._ —.424,12r;01,_-d it tY 2 Cl u l 4- -----__.-- • —.— -- of the Cooasty of—__.--...,22.441,--Ll -----.-_..-----._..._..._and State of Colorado,of the first pan, STAT$OF COLORADO, iss cud._..—.—.—__ -lJ —_. Of/kb ev /:_•,,l ..----•--...---- County of Weld 4 Tkk Q=iYCieia Deed wJFd D d war d ler record af —_-..._.--. _... ...—._.�— ___.-- .— -._.—...._..._.....-._ • �'��dx M.4a .HG.4...ttncd7 1 19 —__. D,reb. - i.of the Osswesty of—_-_--- __.__.---_and State of Colorado,of the second part WITNRSSETH,That the said part of the first part,for and in oonddem#an of the sum of_...____w._ -_—._.-__...._ -.._.....__. ,. ,,...,,det[.uL___aaa,cl„ g..I.._....-.mi.d ).____-_-_._.._..ollora, to the said p of the first part in hand paid by the said part..,..1.of the second part the receipt whereof is hereby confessed and acknotel- .edged,had_t_renSGed,released,sold,conveyed and QUIT-CLAI E and by these presents daddsrernise,release,sell,convey and QUIT-CLAIM ' unto the said of the second pert,)part,-LtLasarresisid.heineand assigns forever,all the right title,interest,claim and demand which the said part v,__of the rat part haud.t_in and to the following described_—_.ySld.k fi .. Ail—. —_._situate,lying and being.in the County of�Weld,and State of Colorado,to-wit: . r . a _d. �¢. ej........- 60 Ica (,H.. 4t, LLL- Ccw..c1lut...cn.4i.,.•-3 ciraxt.,..cL a.',i , L,≤;) — ati= 0Zo i Gkt,,tae tu ati leis. o-‘ Lt!u'J 04111,-u.<d.C.7-t eau euc d P �yc...44-.- 7 4. (o r, 6 St 24) ,e au*.. it.c„,cc. -i Lc�/t 4. .- A,-,,' _d t a,1,fy. eelr �r.,.a..L itan' —Q�,d" Zco(- o/' AZ ,at,c-cv..cG .-4.G...1„4.4i,nee,.- ...1.O,:e4, ..taLfe, of�a-s..ce, .iii & -Ieee--w &-oL -1 ,e.- w ,2ce.r� - eV ..1 :• , le:L.4-Z- .0 t.r-e Katie-vc._r-�u.: 1 �.�4 tzt A.f Qt,�l.t x.97.. , ... �4" ,I t pp,aa .t,oc -2a, , c. Y1D/.cwoe. ,a.G+ o"i .Ca t.,0(. ,cd, Q-ivay.✓0 ' /L/'a.GJ-, ..4,42.O-Q.G�Q/ mi, .t..,-.: -.t p -eh: 1.6. .Ox o..wl ////., ..4, 0 .Gfw 0 `c hs ./�''Q'LO /....t..l ca-R�u.i,.a1_' a,a4.4.. -,,,d- • TO Hall,'AND TO HOLD THE SAME,Together with all and singular the appurtenances and privilege*thereunto belonging or in any- wise thereunto appertaining,and all the estate,right title,interest and claim whatsoever,of the said part of the first part,either in law or equity,to the only proper use,bengat and belwof of the said p of the second part D..rrrea and assigns forever. TN WITNESS WRERIiOF,The said pasty__of the first pa't ha4.4-hereunto set. —haand.r_and seal--he day�War f� above written, pasty__ Signed.Staled and Delivered in Pretence of __......,.__....—__.._.__...----•-_-----_. — sxar .........._..--._--_._----------....__..._—..__......._...._..._ -----------------..._- ---- axes. STATE OF COLORADO, y J p / Q p - _.-._--__—_ _ 1„....C2....41 .04,-Cl,lli.U�4.ae -.e .f.T7i...�,s�.�0n a•.�f.r(QLdeFle awl/by laid Ceoery, istke.S afar do kereby certify that__....._. _ 24,6X, ewuw:a •^e_..__._._._'----'-9—.- ^-_________ ___......_permnally known to me, .tt•thelerroa._"Ogg nano—..(.2L! .=i crave tope.rl:latt,�y ....geed 40Asared bfjbrr Ne this dey la yerren end asenoeakderertked..__. _.sttoej reeled cud delivered the raid instrument al writi+p,ar.—_r�SA4._...roe rera voluntary are.,6r the saes andPerlasa therein set/era. ` y...• ,else.d-ten{ ,;.y,_rio-'.a,re-. /f / 11 Given ardor ay Seed ara.G wet.all—....._..—...�..Z.......____day ef___11.514 nZ_......A.D.155.49Q B 1188 REC 02133895 03/14/88 16:15 . $3.00 1/001 1St e/ AR2133895 — F 0766 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED State Documentary Fee Date 3-lit-$8._.,_ THIS DEED.Made this 11th day of March • $ 22..SO • Ruby Lorene Swanson, as to an undivided one-h if 19 8B,between interest; and UNITED BANK OF GREELEY, N.A. (f rmerly •IntraWest Bank of Greeley, N.A.) as Trustee under the Las Will and Testament of Robert A Swanson, Deceased, as to an undivided one—half interest of the 'County of Weld andSuleof ' Colorado.grantor.and Robert M. Hamm • • whose legal address is 720 E. Co. Rd. 30, Fort Collins, CO 80525 of the County of Lax inter and Snare of Colorado.grantee: WITNESSETH,That the grantor for and in consideration of the sum of TWO HUNDRED TWENTY FIVE THOUSAND MD NO/100ths--------____----- the receipt and sufficiency of which is hereby acknowledged.has granted.bargained.sold and conveyed.and by these presents does grant.bargain.sell. coney and confirm.unto she grantee.his heirs and assignsforeser.allthereal property together with improvements.if any.situate.lying and being in the DP $22.50 Courtly of weld and State of Colorado described as follows The NW4 of Section 7, Township 6 North, Range 66 West of the 6th P.M., EXCEPTING THEREFROM a tract of land conveyed to Weld County by deed recorded September 28, 1903 in Book 163 at Page 450, being more particularly described as follows: A strip of land 60 feet in width (and running around a seep hole) through the NW4 of the NW} of Section 7, Township 6 North, Range 66 West of the 6th P.M. TOGETHER WITH 3 1/4 shares of the capital stock of Latimer and Weld Irrigation Company, 2 shares of the capital stock of Larimer and weld Reservoir Company, 2 shares of the capital stock of Windsor Reservoir and Canal Company, and carrying rights as represented by 1 share of the capital stock of Roullard Lateral Company, and 1 share of the capital stock of the Miles Lateral Company. Grantors reserve one-half of the production of the oil and gas well and one-half of the oil, gas and other mineral rights until the first deed of trust dated March 11,. 1988, from Robert M. Hamm ayable to Ruby Lorene Swanson an undivided 1/2 interest, as known by street and number as: and nrted Bank of Greeley, . ( ormerly,Irtrawest Bank of Geese ey, N.A.) as Trustee under the Last Wr11 and Testament of Robert wanson Deceased, as to an undivided 1/2 interest, is paid in full and re1e��ue�ipaffsagnil singular the hereditament>and appurtenances thereto belonging.or in anywise appertaining.and the reversion and reersions.remainder and remainders,rems.issues and pmtits thereof.and all the wale.right.title.interest.claim and demand whatsoever of the grantor either in law or equity of.in and to the above bargained premises.with the haediumens and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenance>,unto the granite.his heirs and assigns forever.Andthe grantor.for himself.his heirs.and personal representatives.does covenant.grant,bargain.and agree to and with the gnome.his heirs and assigns,that at the lime of the etse:linganddeliveryof(here presents.he is well seized of the premises above conveyed.has good.sure.perfect.absolute and indefeasible esateof inheritance.in law,in fee simple.and has good right,full power and lawful authority to grant.bargain.sell and convey the same in manner and form as aforesaid.and that the same are free and clear from all former and other grants.bargains,sales.liens,taxes.assessments. encumbrances and restrictions of whatever kind or nature sowm exceptreservations and rights of way contained in instruments recorded in Book 77 at Page 551 and in Book 194 at Page 513, Weld County Records, and Filing No. 216283 as the same may affect the ropert reservations, conditions, easements, restrictions and rights o way existing or of recor ; an the 1988 real estate taxes e due and payable 5R Cin 1989-. Except g7 Judgment in favor Goof t in.rameimCoulaatatYedcDedemb rp�11u773rry_1227 i9Bsain,Book111830a$ ieecennionsNg. 2115/n,. he grantor sha t an win$s'ARRAl,AND REVER uu'tN the above-bargained premises in the quiet andpeaeable possession ofthegrantee. his heirs and assigns.against all and every person or persons:awfully claiming the whole or an y pan thereof.The singular number shall include the pl urn1. :me plural the singular.and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF.the grantor has executed this decd on the dam set forth above. ' United Bank of Greeley-, N.A. (formerly IntraWest Bank of Greeleyn. , N.A.) as .nnen dnereaced,Last Will and to an ndivided 1/2 Brest / Bv:( .J�7<m ten LA) a.r •a4 .G p rs'n a /i,.,row W CE°//, es,DE,/% 8 SE.Nyu,e_rgas!°FF)CEa2Ru y Lorene Swanson, as to an undivided 1/2 interest i\ty iminkyyp/pyA�TTTE OF COIARADO 'aa``a ' .t•=' ••44 11...1 County of Weld ss. 6•). a "9 LS /ft • =�x _(a", �.caram was acknowledged before me in the County of Weld .S4=of t ' o,. do of March .1988 .by Ruby LIqo ene Swanson, as to an undivided 'm iah � '1•faFa one barn interest and James W. Price ¢ t4ge Lre idefit=and Senior Trust Officer for United Bank of Greeley, N.A. (former( I▪ntra- 9 �Cs�p�n7r pp�s}�• eele N.A.) as Trus*ee miq,a tl,zs ♦,�sff.. yy 111 nd Testament of Robert A. �!'i�T}1adry hoyenru s, ry .n undivided ; CSatZt.DA • Sae:, C �,;+ one-half interest. • • �............ r •f r A `��G, My Commission Expires: .y�� _ Mete viii'' Feb. 26, 1991 elms °J� a deg/d • O-8 1113 10th Ave., Greeley,.d6p8'D33 Q •m a-=_ �. •If in Anver insert"City and". .r 5'✓ q 1� '. No.%CA.Rey.7dd. SIARRASIY tarn)IF.,paouryaphie growth Budfrd Pu>pshine.5M15 S.nth Mc..Lelnuud.C0 WIC—moat ES)4uaa' awe .• 1 111111 11111 111111 11111 111111 1111 111111 111 11111 1111 III I 2574572 02/22/1999 11:42R Weld County CO WELD COUNTY,COLO. I of 3 R 10.00 D 0.00 JR Suitt Taukaaeto OUITCLAIM DEED This Quitclaim Deed dated as of icZeitt4Rie 9 , 1999 is from NORWEST BANK COLORADO,NATIONAL ASSOCIATION(Successor to Norwest Bank Greeley,National Association,formerly known as United Bank of Greeley National Association, also known as United Bank of Greeley,N.A.)AS TRUSTEE OF THE FOLLOWING TWO TRUSTS EACH CREATED UNDER THE LAST WILL AND TESTAMENT,AS AMENDED, OF ROBERT A.SWANSON,DECEASED: (1) ROBERT A.SWANSON TRUST A and(2) THE ROBERT A.SWANSON TRUST B,("Trustee") 1025 Ninth Avenue,P.O.Box 1748, Greeley,Colorado 80632-1748,to the following grantees(collectively,"Grantees")in the undivided interests indicated below: Grantees'Name/Address Assigned Interest INA KAY DEVERS 1/3 290 W.Bijou Street Colorado Springs,CO 80904 DIANNE ELAINE HAHLWEG 1/3 29909 CO Rd 10 Julesburg,CO 80737 THOMAS ROBERT SWANSON 1/3 12164 WCR#74 Eaton,CO 80615 For ten dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which Trustee hereby acknowledges,Trustee hereby sells and quitclaims to Grantees,in the undivided interests set forth above,all of Trustee's right,title and interest in and to the property located in Weld County,Colorado and described in Exhibit A attached hereto and made a part hereof,together with all appurtenances thereto(the"Interests"). TO HAVE AND TO HOLD the Interests with all and singular the rights,privileges and appurtenances thereto to Grantees,in the undivided interests set forth above,and their respective heirs,personal representatives,successors and assigns forever. This Quitclaim Deed is made subject to the terms and conditions of any valid lease or-leases covering-all or any-part-of-the-Interests. Trustee-hereby assignsto Grantees,in the- undivided interests set forth above,all rights Trustee might have to receive oil and gas rentals and royalties,lease bonuses and any other payments due or to become due under such leases,if any. TRUSTEE MAKES NO REPRESENTATIONS AND GIVES NO WARRANTIES REGARDING THE INTERES fS QUI I CLAIMED HEREUNDER AND THIS'QUITCLAIM-IS MADE WITHOUT WARRANTY OF ANY KIND,EXPRESS OR IMPLIED. Executed as of the date first written above. NORWEST BANK COLORADO,NATIONAL ASSOCIATION AS TRUSTEE OF THE FOLLOWING TWO TRUSTS,EACH CREATED UNDER THE LAST WILL AND TESTAMENT,AS AMENDED,OF ROBERT A. SWANSON,DECEASED: (1) ROBERT A.SWANSON TRUST A AND(2)THE ROBERT A.SWANSON TRUST B By: l its,.v� l L)S.r,�.r-e_ Name. -JAMES W. P,,I C E Title: VICE Fite 4 Ern- 450379v2 267496743 72 02 2 021111(111111 11111111118 Wad III 11111 ill!1111 /22/1989 11:42ld County CO STATE OF COLORADO ). 2.a 8.R- 16:06 11-0-.00- Sukt 7ouknote ss. CITY AND COUNTY OF DENVER The foregoing instrument was acicnowledged fore me this 'day of -DttfU,P4 , 1999 bya24fne51U-etra VIOL f1P,..-ilen7 of NORWEST BANK COLORADO,NATIONAL ASSOCIATION AS TRUSTEE OF THE FOLLOWING TWO TRUSTS,EACH CREATED UNDER THE LAST WILL AND TESTAMENT,AS AMENDED, OF ROBERT A.SWANSON,DECEASED: (1) ROBERT A.SWANSON TRUST A AND(2) THE ROBERT A.SWANSON-I RUS'IB. ...._ Witness my hand and official seal. •,, (SEAL}-. .. *e Ctattfdit lit nr •• GI- iY Notary Pu is AV LO". .-, My commission expires: gale•99 a450379v2 2 2674572 02/2 / 11111111111IILld County III H ill! 02/22/1999 11:42R Mold Cty C0C0 3 of 3 R 16.00 0 0.00 JR Suk1 Tsukanoto EXHIBIT A To Quitclaim Deed from NORWEST BANK COLORADO, NATIONAL ASSOCIATION AS TRUSTEE OF THE FOLLOWING TWO TRUSTS, EACH CREATED UNDER THE LAST WILL AND TESTAMENT,AS AMENDED, OF ROBERT A.SWANSON,DECEASED: (1) ROBERT A.SWANSON TRUST A AND (2)THE ROBERT A.SWANSON TRUST B TO INA KAY DEVERS, DIANNE ELAINE HAHLWEG AND THOMAS ROBERT SWANSON WELD COUNTY.COLORADO I. All of Trustee's interest in and to all of the oil,gas and other minerals lying in,under or upon the following described real property: The West Half(W1/2)of the Southwest Quarter(SW 1/4),the Southwest Quarter(S W1/4)1/4)of the Northwest Quarter(N W1/4)I/4)and that part of the Northwest Quarter(NW 1/4)of the Northwest Quarter(NWI/4)I/4)described as follows: Beginning at a point on the North line of said Section,880 feet East of the Northwest corner thereof,thence West 880 feet,thence South 1328 feet,thence East 700 feet,thence Northeasterly 1328 feet to the point of beginning,all in Section Six(6),Township Six(6)North,Range Sixty-six(66)West of the 6th P.M.,in Weld County,Colorado; together with that part of Section One(1),Township Six(6)North,Range Sixty-seven(67) West of the 6th P.M.,described as follows: Beginning at the quarter corner on the East side of said Section,thence North 0° 0'East 5 feet;thence North 90°0'West 157 feet,thence North 30° 15'West 498 feet,thence North 45° 30'West 240 feet,thence North 32° 35'West 188 feet,thence North 88° 50'West 254.2 feet,thence South 3° 20'East 383.8 feet,thence South 32° 50'East 482 feet,thence South 90° 0'East 671 feet,to the place of beginning, containing 8.97 acres more or less. Also beginning at a point from which the quarter corner on the East side of said section bears North 90° l'East 157 feet distant,thence by true bearings variation 14° 30'East,South 6° 55'East 418 feet,thence North 65° 35'West 440 feet,thence North 35° 5'West 285 feet, thence East 514.2 feet to the point of beginning,containing 3.1 acres more or less; together with all other right,title and interest of Trustee,if any,in and to the above-described lands. IL All of Trustee's right,title and interest,if any,not previously conveyed pursuant to that certain Warranty Deed dated March II,1988 between Ruby Lorene Swanson,as to an undivided one- half interest and United Bank of-Greeley,NA.(formerly-IntraWest-Bank ofGreeley,NA.)- as Trustee under the Last Will and Testament of Robert A. Swanson, deceased, as to an undivided one-half interest and Robert M.Hanun and covering the following described real property: The Northwest Quarter(NW 1/4)of Section Seven(7),Township Six(6)North,Range Sixty- six(66)West of the 6th P.M.,Weld County,Colorado. e45O379v1 3 521 111111111111111111111111111111II Meld 111III11111y 11111111 1 of 3 R 16.00 D 0.00 JR SuluTsukamofo WELD COUNTY,COLO. OUITCLAIM_DEED This Quitclaim Deed dated as of 4R�y 9 199 is from THOMAS R.SWANSON AS PERSONAL REPRESENTATIVE OFTRE ESTATE OF RUBY LORENE SWANSON,DECEASED,("Grantor")to the following grantees(collectively,"Grantee?)in the undivided interests indicated below: Grantee's Name/Address Assigned Interest INA KAY DEVERS 1/3 290 W.Bijou Street Colorado Springs,CO 80904 DIANNE ELAINE HAHLWEG 1/3 29909 CO Rd 10 Julesburg,CO 80737 THOMAS-ROBERT SWANSON 1/3 12164 WCR#74 Eaton,CO 80615 The above-named decedent in her lifetime made and executed her last will and testament dated March 3, 1989,with codicils dated March 26, 1990 and June 14, 1991 (together, the"Will"). The Will was duly admitted to probate by the Probate Court in and for the County of Weld,State of Colorado,Probate No.98 PR 275. Gtantor was duly appoihted-Personal Representative on September 23, 1998, pursuant to an Order of the Court and is now qualified and acting in said capacity. For ten dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which Grantor hereby aclmowledges,Grantor-hereby sellsanrtquitclaims to Grantees,in the undivided interests set forth above,all of Grantor's right,title and interest in and to the property located in Weld County,Colorado and described in Exhibit A attached hereto and made a part hereof,together with all appurtenances thereto(the"Interests"). TO HAVE AND TO HOLD the Interests with all and singular the rights,privileges and appurtenances thereto to Grantees,in the undivided interests set forth above,and their respective heirs,personal representatives,successors and assigns forever. This Quitclaim Deed is made subject to the terms and conditions of any valid lease or leases covering all or any part of the Interests. Grantor hereby assigns to Grantees,in the undivided interests set forth above,all rights Grantor might have to receive oil and gas rentals and royalties,lease bonuses and any other payments due or to become due under such leases,if any. GRANTOR MAKES NO REPRESENTATIONS AND GIVES NO WARRANTIES REGARDING THE INTERESTS QUITCLAIMED HEREUNDER AND THIS QUITCLAIM IS MADE WITHOUT WARRANTY OF ANY KIND,EXPRESS OR IMPLIED. Executed as of the date first written above. —62.49No— A4 THOMAS R.SWANSON AAASPERSONAL REPRESENTATIVE OF THE ESTATE OF RUBY LORENE SWANSON,DECEASED W57519 11111111111/11111598 / :424 II111111 11 IIII Jill 2574571 ev2v10ss 11:42R Bold County CO 2 of 3 R 15.50 D 0.00 JA Stdta Tss*amots STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER The foregoing-instrument was acknowledged before me this TWday of Faeu.eay 199 by THOMAS It SWANSON AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RUBY LORENE SWANSON,DECEASED. '� Witness my hand and official seal. 3 . : �s �cj `',, 4" ditgrAd . ':;o NotaryPubli ,: " . ' My commission expires: "IL'al- 99 07 r usxis 2 AEI 2674571 02/22/1999 11:428 Wald County CO 3 of 3 R 16.00 D 0.00 JA Suitt Taukamoto 1131T,A, To Quitclaim Deed from THOMAS R.SWANSON AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RUBY LORENE SWANSON,DECEASED TO INA KAY DEVERS, DIANNE ELAINE HAHLWEG AND THOMAS ROBERT SWANSON WELD COUNTY.COLORADO I. All of Grantor's right,title and interest,if any,not previously conveyed pursuant to that certain Warranty Deed dated March 11, 1988 between Ruby Lorene Swanson,as to an undivided one-half interest;and United Bank of Greeley,N.A.(formerly IntraWest Bank of Greeley,N.A.)as Trustee under the Last Will and Testament of Robert A.Swanson,deceased,as to an undivided one-half interest and Robert M.Hamm and covering the following described real property: The Northwest Quarter(NW 1/4)of Section Seven(7),Township Six(6)North,Range Sixty- six(66)West of the 6th P.M.,Weld County,Colorado; 11457519 3 Hello