HomeMy WebLinkAbout1.10 Severed Mineral Rights Search LetterMr. Carl Moak
Ranch at Coulter Creek Homeowners Assoc.
1082 Cattle Creek Ridge Road
Carbondale, CO 81623
Sent Via Email to: cmoak@sopris.net
Eric D. McCafferty
Compass Mountain Land Use, LLC
Post Office Box 86
Glenwood Springs, CO 81602
970.618.0837
RE: Mineral Rights Ownership, Ranch at Coulter Creek / Garfield County
Research Methodology
There are four patents covering the lands that were platted as The Ranch at Coulter Creek PUD. None of
the patents reserved mineral rights to the United States, so the mineral estate passed to the original
patentees along with the surface estate. I then researched and completed chains of title for the
patented lands, looking for any conveyances that would have conveyed the mineral estate away from
the surface estate ownership. I found no deeds in the chains of title that conveyed the mineral estates
separate from the surface estates. Nor did 1 find any language on any conveyance deed that reserved
the mineral estate to the prior owner(s).
Based on this research, it is my conclusion that the mineral estate has not been severed from the
surface estate. It would appear that the individual lot owners in Ranch at Coulter Creek own the mineral
rights associated with their individual parcels, as I found no recorded deed that conveyed the rights to
the subdivision home owner association. There is a Deed of Conservation Easement (CE) granted to
Aspen Valley Land Trust (AVLT), recorded at Reception #653777 in the Garfield County Recorder's Office.
The CE forbids "mining" (Section 4 — Prohibited Uses), but I found no deed that conveyed mineral rights
to AVLT. Finally, I conducted a search of the Garfield County Assessor records to identify if the Assessor
was assessing mineral rights owners or lessees on the subject interests. I found nothing.
If I can be of further assistance, please contact me at your convenience.
Thank you very much,
Eric D. McCafferty
Compass Mountain Land Use, LLC
P.O. Box 86
Glenwood Springs, CO 81602
970.618.0837