My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
PERMFILE100850
DRMS
>
Back File Migration
>
Permit File
>
100000
>
PERMFILE100850
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/24/2016 9:55:23 PM
Creation date
11/24/2007 7:24:09 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1994011
IBM Index Class Name
Permit File
Doc Date
12/29/1985
Doc Name
DISTRICT COURT MONTROSE CNTY COLO CASE 95-CV-30
Media Type
D
Archive
No
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
20
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
• <br />There is likewise no indication that any such discussions or <br />negotiations was had with Witt, the ultimate buyer. While it <br />seems clear Plaintiffs intended to reserve sand and gravel, as <br />testified by Groom, i[ is clear that these discussions were <br />internal in nature and that neither Fedrick nor Witt were in- <br />formed of Plaintiffs' unilateral intent to reserve the sand and <br />gravel rights by the reservation language. <br />Defendant Silver Hawk purchased the subject property <br />from Wit[ in 1992 subject to these reservations and exceptions. <br />Defendant Silver Hawk, in the process of their purchasing the San <br />Miguel Ranch, received a title commitment and a title insurance <br />policy noting the placer claims and the exception relating to the <br />placer claims containing the same exception language outlined <br />above. This is denominated as Tract 2 of Schedule A in the title <br />commitment. Schedule B in the commitment notes the numerous <br />reservations and exceptions relating to oil, gas and minerals <br />throughout the history of the property. The actual title insur- <br />ance policy later issued shows the exact exception and reserva- <br />tion relating to the placer claims. while Plaintiffs and Plain- <br />tiff/Intervenors claim Defendant should have been on notice by <br />virtue of the exceptions relating to the minerals, nothing in the <br />language of the reservation or the title insurance commitment <br />indicated that sand and gravel rights were being reserved. <br />The testimony indicated that Plaintiffs first became <br />aware that Defendant Silver Hawk was engaging in a sand and <br />gravel operation during the hunting season of 1994 consisting of <br />the extraction of sand and gravel pursuant to a lease with the <br />Defendant/intervenors. Some discussions and one or two meetings <br />took place in 1994 and early 1995 involving all of the parties <br />relating to the removal of sand and gravel and minerals. <br />The central dispute between Plaintiffs and Defendant is <br />the meaning of [he reservation relating to the placer claims. <br />Plaintiffs claim no ownership of the top soil or surface material <br />but claims to be the owner of their respective interest of [he <br />sand and grave! pursuant to the exception outlined above. <br />Plaintiffs claim that stone and rock, even if on the surface, <br />belongs to Plaintiffs and, although unaware of any economical way <br />of processing the so-called "black sand," also claim a loss of <br />value by the removal of the black sand which contains precious <br />metal deposits. <br />The Defendant essentially claims that the reservation <br />language contained in the exception does not include sand and <br />gravel and is not included under a general reservation of mineral <br />rights. Further, Defendant claims that including Che word <br />"stone" and the words "mining rights" do not include sand and <br />gravel. Defendant further claims that any loss of value relating <br />to [he removal of black sand as part of the overall sand and <br />gravel operation is de minimis and so intertwined with the sand <br />6 <br />
The URL can be used to link to this page
Your browser does not support the video tag.