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flpr 20 04 01:26p Frank J. Rnesi 1970] 259-2793 p.l <br />y <br />LAW OFFICE OF <br />P. O. BOX 2185 <br />835 EAST SECOND AVENUE, SUITE 220 <br />DURANGO,COLORADO 81302 <br />(970) 247-9246 <br />FAX (970) 259-2793 <br />July 30, ?003 <br />La Plata County Planning Commission <br />1060 East Second Avenue <br />Durango, Colorado 8li01 <br />RE: Dillon Ranches LLLP Map Amendment to Animas Vattey Land Use Plan <br />Mineral Opinion Letter In Lieu of Notice <br />To Whom It May Concern: <br />This letter is written to comply with C.R.S. §24-65.5-103 regarding notification to the mineral <br />owners when the mineral estate is separate and distinct from the surface estate. The statute would not <br />apply to this application because Dillon Ranches LLLP owns the entire fee. Therefore, no notice is <br />required pursuant to C.R.S. §24-65.5-101 which provides that notice is given to the mineral estate if the <br />°" surface estate and mineral estate are separate- In this instance, they are not. <br />I have based my opinion on the title commitment issued by Colorado Land Title Company. Order <br />No. I. 108875-E, when the property was sold to Dillon Ranches (copy enclosed). An examination of that <br />commitment indicates that no minerals were severed from the estate. The only reservation regarding <br />minerals is the U.S. Patent Reservations ofa right ofa proprietor ofany penetrating vein or lode to extract <br />his ore. Those patent reservations go back to the 1880's. However, there is no record of any mineral <br />claimant ever filing on a lode or penetrating vein anywhere close to the property in question. To my <br />knowledge, there is no property that would be open to mineral entry that is anywhere close to this property. <br />Tllis type of reservation is typically referenced as an exception by the title companies for lands North of <br />Durango. However, i[ does not create a separate mineral title in anyone not of record in chain of title. <br />If you need anything further, please let me know. <br />Very truly yours, <br />~~ - <br />%;, <br />Frank J~A~esi " <br />P1A:msk <br />enclosures <br />~L. <br />