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TENIIQN WIEI.GA HARDT 6i LONGENECI~R LLP <br />1300 ~Vazee Street, Suite 303 <br />Denver, CO 80202 <br />Joseph G, Middleton Phaae: (303)292-4922 <br />Direct; (3D3) 36L2906 Fax: (303)292.9921 <br />middkton9twlilaw.com www.twlilaw.com <br />Apri128, 2006 <br />VIA EMAIL & U.S. ilIAIL <br />Mr. Jack R. Allen <br />Allen Drilling & Excavating Comfany, Snc. <br />65l Hwy, 28' <br />P,O. Box 398 <br />Fauplay, CO 80440 <br />Re: Scope of Minerals F.eservation <br />Dear Mr. Allen: <br />This letter evaluates the ownership of sand and gravel deposits within your property <br />located is Sections 11 and 14, Township 10 South, Range 77 West of the 6"' Principal Meridian <br />in Park County, Coiorado ("the Propex'ty"). We understand from conversations with you that a <br />majority of the Property contains surface deposits of sand and gavel, which you are proposing to <br />mine by surface-mining metlads. :Lou have provided us copies of a March 4, 2005 Warranty <br />Deed by which you acquired the Pn>perty, along with a June 27, 1963 Warranty Deed containing <br />a.private minerals reservation affecting portions of the Property. That minerals reservation <br />provides: "There is reserved to the l;rantors, G`reir heirs and assigns, one-half of all the oil, gas <br />and outer nnerals in and under arc, that maybe produced fmm"certain Lands described in the <br />Deed. Ynu have asked us to evaluate whether this minerals reservation would include sand and <br />gravel within the Property. <br />While we have notcotiducted au independent search for documents thafmay affect title <br />[o the Property, based on the refemr.ced deeds and applicable Colorado law, it is our opinion that <br />the reservation of minerals containe3 in the 1963 Warranty Deed does not likely include sand and <br />gravel deposits. Consequently, the ;land and gravel wither the Property was conveyed by the <br />1963 Warranty Deed, along with tha• surface estate. Assuming there ate no other inservening <br />conveyances or reservations of the sand and gravel, the sand and gravel would have been <br />conveyed to you along with the surface estate, pursaant to the 2005 Warranty Deed. <br />Botlt Colorado and federal a~urts in the Tenth Circuit have consistently held that gravel <br />and sand do not normally constitute "minerals" within the meaning of language used to reserve <br />