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.: .. <br />- 6 - <br />• P.rnass-:?cGriffi : Ccal cc~azy r?ay 2, 1977 <br />work should be cer`crmed to cure this title problem. <br />B. The cc~:ments set forth above in paragraph 1, <br />subparagraphs A, B and~C, and the. comments ccntained <br />in paragraph 2, subparagraph B(i) also apply to this <br />tract. <br />S. Section 22: Tract VZ. T•7ith retard to this tract, <br />the surface estate is held in the same proportions as the <br />mineral estate is held. <br />The only interest which Mildred E. DeLuzio appears <br />to have had in this property is an easement which <br />appears in a dee3 at entry 487 of the Ease Abstract <br />dated ?!ay 25, 19'04 recorded in Book 476, Page 545. <br />The easement was to use this tract for coal mining <br />purposes. The easement contains the following <br />language: <br />In the event that the grantee herein, <br />his successors or assigns, discontinues <br />the mining of coal in or under any ,of <br />" the premises hereinabove describe3 for <br />a period of r.~ore than two (2) years, <br />the above described easement shall be <br />cancelled and cease to have any further <br />force or effect, and any improvements <br />then re^:aining on said premises shall <br />become the property of the surface <br />owners thereof. <br />It is the understanding of th=_ undersigned that there <br />has been ro coal Wining for a period of more t'ran tcao <br />years and therefore this easement would have terminated. <br />By craV of general comr,.ent, which does not.a~ply to the <br />title of t•1rs. DeLuzio, this tract of 1.03 acres is subject to <br />the problems set forth under the captioned tierce Property in <br />our title opinion of April 30, 1977 as paragraphs numbered 1, <br />2 an3 3, and the proble.^.:s set forth under the caatio~led Snod- <br />grass Property on pane 8 as B.b: and on page 9 (ii) as to the <br />release of inheritance tax.. <br />Or•e-half of this property, surface and mineral, ores <br />never ccnveyed out_ of the Gerard estate. <br />In the Supplemental Abstract, it orould appear that <br />Barbara :Craning is the owner of the other one-half, surface <br />and mineral, of this interest. I!owever, we Y:ave e::am_ned <br />• 'another abstract, ,Io. 9013, which is also referred to in our <br />