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PERMFILE67630
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PERMFILE67630
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Last modified
8/24/2016 11:13:22 PM
Creation date
11/20/2007 9:58:59 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1984154
IBM Index Class Name
Permit File
Doc Date
8/17/1984
Doc Name
LIMITED IMPACT 110 AND SPECIAL 10 DAY 111 PERMIT APPLICATION FORM
Media Type
D
Archive
No
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<br />i • • <br />App Apr. '79] Morrison v. Socolofsky 213 <br /> Division !!. <br /> Opinion by CHIEF JUDGE ENOCH. <br /> Defendants appeal from a declaratory judgment that language in a <br /> warranty deed reserving "oil, gas and other minerals" did not operate to <br /> reserve gravel on the property. We affirm. <br /> In 1953, Fred C. Kluver deeded the farmland in question to defen- <br />:c in a dams, reserving for himself a life estate consisting of the right to remove <br />i:lte to gravel for his own use. In 1954 defendants conveyed the land to intermedi- <br /> ate purchasers, the Bakers, by warranty deed. This decd expressly reserved <br /> to defendants "an undivided one-half of all oil, gas and other minerals un- <br /> derlying the premises with the right to enter for exploration and <br />,:drd - removal . ." <br />,,1ftC1Ot In 1959, the Bakers conveyed the property to other intermediate pur- <br />~n~cular chasers, reserving to themselves for 10 years one-half of the unreserved oil, <br />decd, gas and other mineral rights, and "reserving unto Fred C. Kluver the right <br />""""'g to remove gravel for his own use." The land was conveyed f-finally to plain- <br />~~i, and tiffs in 1963, "subject to oil reservations of record and the right of Fred C. <br /> Kluver to remove gravel." <br />~idered Plaintiffs brought this action to determine who owned the rights to <br />~~~tt<~"~ the gravel on the property because Kluver's life estate had terminated. De- <br />i~" in- Pendants asserted that by their 1954 reservation they had reserved the <br />~- maps <br />frilling gravel for themselves as part of the "oil, gas and other minerals." After <br />cd the listening to extensive testimony, the court found that the 1954 reservation <br />_~"oval in the deed to Baker did not include the right to gravel deposits. There- <br />fulness fore, the court declared that plaintiffs, as successor grantees, owned the <br />"'• lh0 gravel rights. <br /> Defendants contend that the court erred in admitting evidence from <br /> the mining and commercial marketplace on the scope and meaning of the <br /> term "mineral." We find no error. <br /> ~1] Plaintiffs premised their action for declaratory relief on the con- <br /> tention that, as a matter of law, gravel was not included under the um- <br /> brella o(the reservation of "other minerals." The reservation of "al{ min- <br /> erals" is inherently ambiguous. United States v. !,253.!4 Acres of <br />.I L, Land, 455 F.2d 1177 (10th Cir. 1972). And, in deciding whether, as a <br />' matter of law, a particular substance is a "mineral," the applicable test is <br /> for the court to determine: <br />.loots- "'what that word means in the vernacular of the mining world, the com- <br /> mercial world, and landowners at the time of the grant, and whether the <br /> particular substance was so regarded as a mineral .. . " Farrell v. <br /> Sayre, 129 Colo. 368, 270 P.2d 190 (1954). <br /> <br />I~ <br /> ~ ~ <br /> <br /> <br />
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