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• <br />19, 1989, between Plaintiffs and Fedrick, provided that "all oil, <br />gas and mineral rights owned by the sellers (the Plaintiffs) <br />shall be conveyed to the purchaser at closing." Plaintiffs <br />testified this was in error and that the legal description <br />denominated as Exhibit A to the contract was correct and reserved <br />all minerals in or under said mining claims, including, but no[ <br />limited to, metals, oil, gas, coal, stone and mineral rights, <br />mining rights, and easement rights or other matters relating <br />thereto, whether expressed or implied." The actual deed dated <br />May 30, 1989, and signed by Plaintiffs Groom and Godwin individu- <br />ally and in their capacity as co-trustees of the San Miguel Ranch <br />trust, conveyed the placer claims on page 2 of the deed and <br />including the following exception: "Except all minerals in or <br />under said mining claims including, but not limited to, metals, <br />oil, gas, coal, stone, mineral rights, and mining rights." <br />The testimony indicated that Plaintiffs had internal <br />discussions concerning the sale of this property, including <br />several discussions about keeping all of the mineral rights, <br />including sand and gravel rights, and that the intention in the <br />deed to Fedrick was to convey surface rights only and to keep <br />everything else of value including the mineral rights and sand <br />and gravel. The testimony indicated this was the specific reason <br />to include the words "stone" and "mining rights" in the excep- <br />tion. Plaintiffs testified that the actual reservation language <br />came out of Plaintiffs' law office and that this legal descrip- <br />tion was prepared with the intent to reserve the minerals and <br />sand and gravel. The actual deed (Exhibit 10) was prepared by <br />the buyers' attorney. <br />In reviewing the contract between Plaintiffs and <br />Fedricks of April 19, 1989, and the deed that was actually <br />issued, Plaintiff's Exhibit 10, there are three references to <br />mineral reservations in those documents. Paragraph 21 of the <br />contract initially provides that Plaintiffs will convey all of <br />their oil, gas and mineral rights to the buyer. Exhibit A to the <br />contract, which is the legal description prepared in Plaintiffs' <br />law office, provides for a reservation of mineral rights and <br />other miscellaneous matters, and finally, the deed itself con- <br />tains a slightly different version of the mineral reservation. <br />In other words, Plaintiffs addressed what they were going [o <br />reserve to themselves three different times, and at no time did <br />Plaintiffs specify sand and gravel. <br />white the warranty deed of May 30, 1989 was apparently <br />prepared by Fedrick's attorney, the legal description together <br />with the reservation language was prepared by Plaintiffs. <br />Plaintiff testified he did not have direct contact with either <br />Fedrick or Wit[, and there is nothing in [he record to indicate <br />[hat Fedrick understood that sand and gravel was being reserved <br />by Plaintiffs, or that any discussions were ever held with <br />Fedrick to inform him that sand and gravel was being reserved. <br />5 <br />