BoCC Consent Agenda, Date of Public Meeting
Agenda Item # (leave blank)
Board Summary Report
Date:
May 1, 2017
To:
Board of County Commissioners
Through:
Ron Carl, County Attorney
From:
Robert Hill, Asst. County Attorney
Subject:
Approval and Execution of Disclaimer of Mineral Rights associated with certain
property acquired for County rights of way
Request and Recommendation
This agenda item is to request approval of a resolution to approve and authorize the Chair’s
signature on a Disclaimer instrument to disclaim the County’s interest in oil and gas or other
minerals associated with certain deeds by which the County acquired property for right of way.
It is recommended that the Board approve the Disclaimer and authorize the Chair’s signature.
Background
By 13 Deeds, dated between 1926 and 2010, the County acquired various segments of property
for road purposes. Each deed is identified in the Exhibit A attached to the Disclaimer. Due to
the nature of the deeds there has been some confusion about whether the deeds were intended
to convey a fee interest without any reservation, which also would have conveyed the oil and
gas or mineral rights, or whether each was only intended to convey a right of way easement,
which would not have conveyed the oil and gas rights. The language in each of these deeds
specifies that the conveyances were made for road purposes, though no reservations were
made for the minerals.
Discussion
Due to the specific circumstances surrounding these transactions and/or the deed language, it is
not clear that the deeds transferred oil and gas or mineral rights. Moreover, with the road
purposes language of the deeds it is not likely that that a court would find that the County
acquired mineral rights. As such, we are recommending that the Board approve the execution
of the attached Disclaimer to disclaim any interest in the minerals or oil and gas associated with
these properties, except to the extent that such minerals are necessary for the subjacent or
lateral support of the road.
Alternatives
The Board could opt to not execute the disclaimer.
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BoCC Consent Agenda, Date of Public Meeting
Agenda Item # (leave blank)
Reviewed by
Robert Hill
RESOLUTION NO. ___________. It was moved by Commissioner __________________ and duly
seconded by Commissioner ________________ to approve a Disclaimer instrument to disclaim any
interest in minerals or oil and gas associated with the land described in the thirteen (13) deeds identified
in the Exhibit A to the Disclaimer, except to the extent needed to for subsurface or lateral support of the
roads involved, and to authorize the Chair’s signature on the Disclaimer, as presented to the Board of
County Commissioners on this date.
The vote was:
Commissioner Baker, ____; Commissioner Conti ____; Commissioner Holen _____; Commissioner
Jackson _____; Commissioner Sharpe, ____.
The Chair declared the motion carried and so ordered.
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