PERMFILE61853

• Permit No: C1984067
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: EXHIBIT 1 DEEDS AND LEASES
• Media Type: D
• Archive: No

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• ~rness-':cGri..in Coa_ Gsmgar.y t\~cvember 4, 1976
in my search) ~:hich states that in the absence of statutory
per.^.115510n d ~,artnershlp CunP.Ot, a5 Si1Ch, }'Old legal t=tle t0
real estate. If this were the case in Colorado in 1903 and
1904, the uart-:ers would 'nave had to hold title in their o;:n
na,~.es and they, therefore, could have conveye3 title out in
their o:•rn narzes. See 6S C.J.S. Partnership ~72.b. at p. 506.
Zn discussions with the abstractor in LaPlata County, he has
stated that he considers the conveyance at Book 96, Pace 275
to be a conveyance to the individuals. Tliis title problem
is a matter about which I have only ~cdest ccncerr. and •.:ou1d
recuire no title curative work unless other title curative
work in the nature of a quiet title action. was to be co^mer.ced
to cure otter defects of title me-rticned in this opinion. If
a quiet title action is to be com:~enced, I caould request that
this title problem also be resolved by that quiet title action.
[with regard to the above describe3 prepert}•, ?.r r.==_s-
~icGriffin Coal Company obtained rights under the Exploration
'. and Develo?went Agreement of October 6, 1976 by virtue of t:~:o
documents, each captioned Exploration Permit an3 i~iineral Lease,
one of which is dated October 5, 1974 betc.een Durango :•=est, Ltd.
and Ca13er & Company recorde3 at ido. 389150, an3 the s=_cond of
which is da=ed October 16, 1974 betc:een nay Isciay an3 fiallie
Ismay and Calder & Co:apany recorded at 2Io. 391323, etch of the
records of L=_Plata COllRty, COlOradO, i~ereinafter referrer? to
as the "Calder leases." At the time of the Calder leases, mar-
ketable title to the coal and other mi-~erals, ~•:ith the e::cepticr,s
set forth above, Baas held as follows:
Ray Ismay - one-half
Durango SPest, Ltd.;
a Limited Partner-
ship - one-half
At the time of the Calder leases, marketable title to the surface
cf the above described property, c:ith the exceptions set fcrth
above, and :with the exception. o_` ?.336 acres of surface deeded *o
the Department of Highways, State of Colorado by dccument dated
June 7, 1971, recorded at i2o. 36?952 0` the records of LaPlata
County, Colorado, ~..as vested in C::ranco 1•lest, Ltd. , subject to
the folloi~:ing ease-eats and rights:
A. :, deed dated
105, Pac= 297 of the
affect.- t_t1e to t
• Sectio- 21, To~~:nship
mattes -e.erence to a
t•lay 27, 19C5, recorded in 3ook
records of LaPlata County, Colorado
~e East ?lalf of the Southeast Quarter,
35 Idorth, Range 10 [lest ::.[1.P.t1.
quit claim deed dated Dec enber 18,
J