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Home My WebLink About1.00 General Application Materials_PartLR007582 RUSSO, MARK & LESA 83 BEAVER COURT GLENWOOD SPRINGS CO 81601 R007583 CASEY, JOSEPH & SAMANTHA 73 BEAVER COURT GLENWOOD SPRINGS CO 81601 R007584 ROBERTS, WILLIAM LEE & BARTA, PAULA GTR 29 MEREDITH STREET BOSTON MA 02132 R007585 SCHLEPP, AUSTIN & RACHEL 43 BEAVER COURT GLENWOOD SPRINGS CO 81601 R007593 OAK MEADOWS HOMEOWNERS ASSOCIATION PO BOX 1334 GLENWOOD SPRINGS CO 81602-1334 R007595 OAK MEADOWS DEVELOPMENT CORPORATION PO BOX 1298 GLENWOOD SPRINGS CO 81602-1298 R008132 LOVE, JASON & JOY 5 BEAVER COURT GLENWOOD SPRINGS CO 81601 R008133 OBROCHTA, BARTHOLOMEW & KLIMOWSKA OBROCH 15 BEAVER COURT GLENWOOD SPRINGS CO 81601 R042450 HARRISON, WENDY L & WILLIAM F 645 OLD MIDLAND SPUR GLENWOOD SPRINGS CO 81601 R042451 SPILLANE, STEVE 264 BUCKTHORN ROAD NEW CASTLE CO 81647 R042452 DIAZ, LUIS & CAMACHO CHAVEZ, ROSARIOPAT 2307 COUNTY ROAD 154 #9 GLENWOOD SPRINGS CO 81601 R042467 KURNIK, MICHAEL & CRAWFORD, KRISTINA 298 SILVER KING COURT GLENWOOD SPRINGS CO 81601 R042468 TAYLOR, JOSHUA & LAURIE 286 SILVER KING COURT GLENWOOD SPRINGS CO 81601 R042470 OAK MEADOWS HOMEOWNERS ASSOCIATION PO BOX 2115 GLENWOOD SPRINGS CO 81602-2115 R042472 OAK MEADOWS HOMEOWNERS ASSOCIATION PO BOX 2115 GLENWOOD SPRINGS CO 81602-2115 R080213 OAK MEADOWS HOMEOWNERS ASSOCIATION PO BOX 1334 GLENWOOD SPRINGS CO 81602-1334 R080257 OAK MEADOWS FILING 4 PHASE 3 LLC 23272 TWO RIVERS ROAD SUITE 102 BASALT CO 81621 R080594 ROARING FORK SCHOOL DISTRICT RE-1 1405 GRAND AVENUE GLENWOOD SPRINGS CO 81601 R080924 BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT CO 81652 R080998 3S LLLP 2604 W COUNTY RD 8 BERTHOUD CO 80513 R081006 SHUGART, JANICE 840 FARANHYLL RANCH ROAD GLENWOOD SPRINGS CO 81601 R081008 SUNDOG ENTERPRISES LLC 840 FARANHYLL RANCH RD GLENWOOD SPRINGS CO 81601 Oak Meadows Ranch - Filing 4 - Phase 3 List of Adjacent Property Owners within 200-ft Radius July 5, 2022 Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Mineral Rights Ownership Research July 25, 2022 Page 1 of 4 July 25, 2022 Phillip Berry, Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Oak Meadows Ranch, Filing 4, Phase 3 – Mineral Rights Ownership Research Dear Phillip: In accordance with your recent communications, on behalf of Gary Johnson and Oak Meadows, Filing 4, Phase 3 LLC , Gamba & Associates, Inc. (Gamba) hereby submits this letter describing our process of researching the mineral rights ownership for the subject property. First, we reviewed all deeds and recorded documents related to the property which were identified in the title commitment that had been prepared for this land use application. We read all deeds and documents identified searching for any reference to the conveyance or reservation of mineral rights contained within them. This first search identified the following three documents which contained a reference to the conveyance or reservation of mineral rights on the subject property:  1. A real estate Deed recorded November 4, 1959 in Book 321 at Page 334 as Reception No. 207275 (see attached) dated October 30, 1959 from Emery E. Arbaney and Beulah M. Arbaney to Floyd E. Bachman and Helen A. Bachman which contains the following language: o Excepting and reserving, however, from both parcels of real property hereinabove described, an undivided one‐half interest in all oil, gas and minerals in, under or upon said real property, together with the right to enter upon, explore, mine or otherwise remove the same upon payment of surface damages.  2. A real estate Deed recorded July 24, 1961 in Book 335 at Page 282 as Reception No. 214544 (see attached) dated July 17, 1961 from Floyd E. Bachman and Helen A. Bachman to Don Lawson Lynch and Christine G. Lynch, which also contains the following language: o Excepting and reserving, however, from both parcels of real property hereinabove described, an undivided one‐half interest in all oil, gas and minerals in, under or upon said real property, together with the right to enter upon, explore, mine or otherwise remove the same upon payment of surface damages. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Mineral Rights Ownership Research July 25, 2022 Page 2 of 4  3. A real estate Deed recorded January 14, 1966, in Book 372 at Page 389 as Reception No. 233134 (see attached) dated January 13, 1966 from Don Lawson Lynch and Christine G. Lynch to Harold H. Quimby and Waneta Quimby, which also contains the following language: o Excepting and reserving, however, from both parcels of real property hereinabove described, an undivided one‐half interest in all oil, gas and minerals in, under or upon said real property, together with the right to enter upon, explore, mine or otherwise remove the same upon payment of surface damages. Following this we conducted the following additional record searches of recorded documents contained in the office of the Garfield County Clerk and Recorder:  Garfield County Grantor/Grantee records preceding the property ownership of Emery E. Arbaney and Beulah M. Arbaney as noted above, and subsequent to the property ownership of Harold H. Quimby and Waneta Quimby as noted above.  Searches of recorded documents pertinent to the subject property, or to the parent parcel from which the subject property was created, using the following filters: o Mineral o Mineral Deed o Mineral Rights o Notice of Mineral Estate o Deeds of Distribution These searches identified two additional documents which referenced mineral rights related to the subject property which are as follows:  4. A real estate Warranty Deed recorded July 19, 1973, in Book 447 at Page 311 as Reception No. 259231 (see attached) dated July 19, 1973 from Harold H. Quimby and Waneta Quimby to Howard U. Motz, which contains the following language: o FURTHER EXCEPTING any and all oil, gas and other minerals reserved in United States Patents and in previous conveyances.  5. A Mineral Deed recorded April 2, 2010, under Reception No. 784207 (see attached) dated April 2, 2010 from Don Lawson Lynch and Christine G. Lynch to Don L. Lynch and Christine G. Lynch, or successors, Trustee of the Don L. Lynch and Christine G. Lynch Joint Living Trust dated November 30, 2007 as amended, which deed contains the following language: o … Grantors, for good and valuable consideration, in hand paid, hereby sell and convey … to, … Grantees, in the following proportions mineral interests in the County of Garfield and State of Colorado, to wit: All of the Grantors’ right, title and interest in and to the oil, gas and mineral rights in, on and under and that may be produced from those real properties described as: …. It is clear to us that the language contained in document 4 above (RN 259231) does not convey any mineral rights ownership to Howard Motz. However, it is our opinion that the Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Mineral Rights Ownership Research July 25, 2022 Page 3 of 4 language contained in documents 2 and 3 above is somewhat unclear and may or may not have actually conveyed the ownership of any mineral rights to the grantees of those deeds. Specifically, a reasonable interpretation of the language in these documents is as follows: Assuming that at the time of the execution of the first document (RN 207275) the Arbaneys owned 100% of all mineral rights associated with the subject property, then following the conveyance of the real estate from the Arbaneys to the Bachmans, and the reservation of 50% of the mineral rights by the Arbaneys, then the Arbaneys would own 50% of all mineral rights and the Bachmans would own 50% of all mineral rights. Then, following the conveyance of the real estate from the Bachmans to the Lynches in document 2 above (RN 214544) in which the Bachmans reserve ownership of 50% of the mineral rights, then the Arbaneys would continue to own 50% of the mineral rights and the Bachmans would continue to own the other 50% of the mineral rights, and no mineral rights would have been conveyed to the Lynches. Similarly, in document 3 above (RN 233134) no conveyance of mineral rights would have been granted to the Quimbys. We understand that this language could be subject to other interpretations and therefore, in an effort to be inclusive in our identification of possible mineral owners, we have identified the following individuals or entities all as possible mineral rights owners:  Emery E. Arbaney and Beulah M. Arbaney,  Floyd E. Bachman and Helen A. Bachman,  Don Lawson Lynch and Christine G. Lynch, or successors, Trustee of the Don L. Lynch and Christine G. Lynch Joint Living Trust dated November 30, 2007 as amended, and  Harold H. Quimby and Waneta Quimby Following this document search we attempted to find current addresses for any of the individuals or entities identified. We were able to find an address for Don Lawson Lynch and Christine G. Lynch, or successors, Trustee of the Don L. Lynch and Christine G. Lynch Joint Living Trust dated November 30, 2007 as amended, which is as follows: 4902 Red Bay Drive Orlando, FL 32829 We were unable to find current addresses for any of the individuals which were identified, but we were able to determine that all of these individuals are now deceased. Based on additional records we’ve researched, following are the reported dates of death for each individual listed above:  Emery E. Arbaney, died 1973  Beulah M Arbaney (Letey), died 2003  Floyd E. Bachman, died 2004  Helen A. Bachman, died 2010 Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Mineral Rights Ownership Research July 25, 2022 Page 4 of 4  Don Lawson Lynch , died 2010  Christine G. Lynch, died 2020  Harold H. Quimby, died 2011  Waneta Quimby, died 2006 It should be noted that a previous land use application on this property had identified Elmer Arbaney as a mineral rights owner for the property. Elmer ‘Buckey’ Arbaney was the son of Emery and Beulah Arbaney and coincidentally a former Garfield County Commissioner. Regardless, as noted above, based on our records search we were unable to find any document corroborating the conveyance of mineral rights to Elmer Arbaney and therefore did not include him on the list of possible mineral rights owners. Furthermore, we were able to located records which indicate that Elmer ‘Buckey’ Arbaney passed away in 2006. Consequently, since we were unable to locate any documents which conveyed the mineral rights ownership that any of the listed individuals may have held at the times of their death, and we were unable to locate any documents which identify their heirs, successors or assigns, we were therefore unable to provide an address for any of the individuals identified. We submit that we have conducted a complete and exhaustive search of available records which could identify the owners and addresses of mineral rights related to the subject property and have identified such owners and addresses, as available, on the CERTIFICATION OF MINERAL OWNER RESEARCH, which has been signed by the applicant. If you have any questions or need additional information, please contact us. Sincerely, Gamba & Associates, Inc. __________________________________ Michael Gamba, P.E. & P.L.S. 28036 H:\03385\2020\Mineral Ownership\Mineral Rights Ownership Research - 20220725.doc