To: Board of County Commissioners
Through: Ron Carl, County Attorney
Prepared By:
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Robert Hill, Sr. Asst. County Attorney
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Subject:
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Release of Oil and Gas and Mineral Interests and Approval of Quitclaim Deed to Effect Release
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Purpose and Request:
recommended action
This agenda item is to request a resolution to approve and authorize the Chair's signature on a Quitclaim Deed that will convey any interest or claim on oil and gas or other mineral interests associated with a 0.32 acre tract of land acquired by the County for road right of way purposes. It is recommended that the Board approve the conveyance and authorize the Chair's signature on the deed.
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Background and Discussion: By Quitclaim Deed, recorded November 9, 2016, Stephen Tebo conveyed a 0.32 acre tract of property to the County. The deed described conveyance of all right title and interest in the property described in the attached Exhibit A. The Exhibit A contained a metes and bound description of the property and a plat exhibit showing the property. The Exhibit A, however, described the property as easement and right of way for road purposes.
Conveyance of a surface right, such as right of way or easement, does not also convey subsurface interests such as oil and gas or minerals unless so expressed in the deed. Conveyance in fee simple, without reservations for oil and gas or minerals, however, will convey those subsurface interests. Northstar Energy's title search noted this ambiguity and recommended that the parties clarify their intent. As such, Northstar reached out to both the County and Mr. Tebo to inquire as to what the parties intended with the conveyance, fee simple or right of way and whether it was intended to also convey the mineral and oil and gas interests. Mr. Tebo responded that he only thought he was selling the surface use for right of way. Moreover, the ambiguity in the Quitclaim Deed and Exhibit is probably on the County as either the ...
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