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i <br />214 Morrison v, Socolofsky [43 Colo. App. <br />[2] It was, therefore, proper for the court to consider maps prepared <br />by the Colorado Geological Survey and the results of test hole drilling un- <br />dertaken in 1475 on plaintiffs' property. This evidence showed gravel un- <br />derlying the topsoil of the entire parcel of land such that removal would <br />destroy the surface. It also was proper to consider testimony of a gcologisl- <br />consultant in the gravel industry and of agricultiral lenders and landown- <br />ers on the common meaning of the term "mineral" at the time of the res- <br />ervation. On the basis of undisputed testimony, the trial court correctly <br />ruled that at the time of defendants' reservation, the term "mineral" did <br />not, as a matter of law, include gravel. See generally Annot., 95 <br />A.L.R.2d 843. <br />Defendants also contend that the court disregarded the intent of the <br />parties at the time of the reservation. We do not agree. <br />Defendants properly contend that the trial court would have a duty to <br />incorporate into the deed and reservation virtually any substance which <br />the parties intended by use of the term "mineral." That would be so even <br />if the substance did not meet any of the criteria set out in Farrell v. <br />Sayre, supra. However, under the evidence presented, the trial court <br />properly determined that the gravel underlying the surface was not within <br />the contemplation of the parties when the "mineral" resen:uion was <br />written. <br />In its extensive findings, the trial court determined that Baker pur- <br />chased the parcel for (arming, that defendants knew of his purpose, and <br />that common gravel mining techniques necessitate use of the topsoil or <br />fine dirt, especially where the gravel is extracted for paving purposes. <br />Though in Farre/! v. Sayre, supra, the sand and gravel constituted the <br />entire surface of the land, we find no distinction which would dictate a dif- <br />ferent result here, where the gravel underlies the topsoil of the entire pro- <br />perty. Defendants' construction of the reservation could result in the des- <br />truction of the land surface and strip away its agricultural usefulness. Cf. <br />Smith v. Moore, 172 Colo. 440, 474 P.2d 794 (1970). (Reservation of <br />right to use of surface as necessary for mining not of sufficient c{arity to <br />justify strip mining.) <br />Under the facts of this case, the court correctly determined that <br />gravel was not reserved in defendants' deed. Therefore, we affirm the <br />judgment. <br />JUDGE PIERCE and JUDGE SMITH concur. <br />,~.. <br />.~, <br />AI <br />T~ <br />Fr <br />B~ <br />1'r <br />A~ <br />an <br />n, <br />c, <br />h, <br />°~~ ~ ~~~~ ~~~~~~ t ~ ~~~ 'I"~° lit ~ ~~i~~~!''~~ ~ "N~I~1~+ ~ ii~ll' H ~i1 ~ IIR[~~IAE~ ~ ~ ,~~, • ~ ~, ~ ~i ~ ~ ~~I^~~ <br />I <br />