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D4/28/2D0H Mr. lack R. Allen A!!en !killing & &xcavating Company, Inc. April 28, 2(106 Page 2 mineral interests in private deeds. See, e.g., Farrell v. Sayre, 270 P.2d 190 (Colo. 1954); Morrison v. Socolofsky, 600 P.2d i.21 (Colo. App. 1979); Kinney v. Keith, 128 Pad 297 (Colo. App. 2005); United States v. Hess, 346 F.3d 1237 (l0ei Cir. 2003). The only exception to this rule is where the intent of the parties to the transaction creating the reservation was clearly to the contrary. Farrell, 270 P.2d az 192. 1n determining the intent of the parties, the courts have examined the actual language of the reservation, finding that where the word "mineral" follows an enumeration of several specific minerals, it should be interpreted as pertaining to the same types of ntitterals as those specifically set forth in the conveyance or reservation. Kinney, 12$ P.3d at 306-07. [n Kinney v. Keith, for example, the Colorado Court of Appeals rejected the azgument that mineral reservations using plusses such as "oil, gas and other nvnerals;' and a "one-half interest in and to all oil, ;;as and minerals lying in, under or upon said gremises" included sand or gravel. ld. at 303. The language of the minerals reservation in the 1963 Warranty Deed is similar to the mineral reservations that the Colorado courts have consistently held do not reserve sand or grave]. See Farrell ("aIl mineral and mineral rights"); Morrison ("an undivided one-half of all oil, gas and other nnerals nnderly ng the prenvses"). In light of the long-standing Colorado case law outlined above, the mineral reservation in the 1963 Warranty Deed did not, absent a specific intent to the contrary, reserve an interest in the sand and gravel om the Property. There are no provisions in the 1963 Warrant}' D~;ed suggesting that the parties specifically intended to create a reservation of sand or gravel, or that the language of the reservation should be interpreted in a manner inconsistent with other restsvations using similar language. Cn sununary, under Colorado law, sand and gravel are not normally treazed as minerals with a ntinerai reservation Like that contained in the 1963 Warranty Deed. The Language in the 1963 \tiauanty Deed does not indicate an intent to reserve sand or gravel, and siatilar or identical language has been interpreted by Colorado and federal courts to pertain only to energy or hard rxk minerals. Consequently, based on the infomtation provided to us, it is our opinion that the sarul and gravel tm the Property wa> rot reserved in the L963 Warranty Deed. Please feel free to.contact either myself or Scott Hard( whit any questions. Sincerely, r_' oseph G. on 7GM:csi