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HomeMy WebLinkAbout10.0 Letter on Minerals 05.242018BILE Y Ltfr ,�q ATTORNEYS & COUNSELORS AT LAW RICHARD Y. NEILEY JR. May 24, 2018 Via Email Glenn Hartmann, Principal Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Mineral Reservation at 4412-4418 County Road 154, Garfield County, Colorado Dear Glenn: I have conducted a comprehensive title review with respect to any mineral reservations in connection with the above -referenced property. The title commitment we submitted with the Variance Application discloses a single mineral reservation: a life estate in an undivided one half interest of oil, gas and minerals for the benefit of Gladwyn B. Gaumer under Deeds recorded October 22, 1962 (Book 345, Page 115) and March 8, 1963 (Book 347, Page 457). Title research confirms there are no other mineral reservations impacting the property. The mineral reservation deeds are attached. My title research discloses that Mr. Gaumer's wife, Della B. Gaumer, died on February 23, 1962 at the age of 60 years. Her death certificate was recorded as Reception No. 250975 on September 3, 1971. I also found in the real estate records an Affidavit of Marianne Ackerman recorded October 23, 1985 as Reception No. 365943 regarding real property interests of Della B. Gaumer at the time of her death. Ms. Ackerman had personal knowledge of Mr. and Mrs. Gaumer. I spoke with her yesterday and she informed me that Mr. Gaumer had died some twenty years ago. Because the reserved mineral interest was only a life estate for the benefit of Mr. Gaumer, it cannot be transferred or assigned to any third party. Thus, by the death of Mr. Gaumer, the mineral interest has been extinguished. I attach the recorded documents referenced above. If you have any questions or need any further information, please let me know. Please respond to: 6800 Highway 82, Suite 1 • Glenwood Springs, CO 81601 • 970-928-9393 Email: aspenlaw@neileylaw.com Aspen office: 420 East Main Street, Suite 240 • Aspen, CO 81611 • 970-925-9393 Glenn Hartmann May 24, 2018 Page 2 Very truly yours, EY LAW FIRM, LLC Richard Y. Neiley, Jr.