Fill and Sign the Mineral Rights Form

© 2016 - U.S. Legal Forms, Inc.       CALIFORNIA GRANT DEED - MINERAL RIGHTS [Individual to Husband and Wife] Control Number: CA-035-78 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. BASIS OF EXEMPTION FROM TRANSFER TAX The following is a list of real estate transactions that are exempt from the documentary transfer tax: 1. Conveyance Confirming Title in Grantee: “This conveyance confirms title to the grantee(s) who continue to hold the same interest acquired on Date __________, Document No. wherein $ __________Documentary Transfer Tax was paid, R & T 11911.” 2. Conveyance in Dissolution of Marriage: “This conveyance is in dissolution of marriage by one spouse to the other, R & T 11927.” 3. Conveyance to Secure a Debt: “This conveyance is to secure a debt, R & T 11921.” 4. Reconveyance upon Satisfaction of a Debt: “This is a reconveyance of realty upon satisfaction of a debt, R & T 11921.” 5. Conveyances transferring Interests into or out of a Living Trust: “This conveyance transfers an interest into or out of a Living Trust, R & T 11930.” 6. Conveyance Changing Manner in Which Title is Held: “This conveyance changes the manner in which title is held, grantor(s) and grantee(s) remain the same and continue to hold the same proportionate interest, R & T 11911.” 7. Court Ordered Conveyances Not Pursuant to Sale: “This is a court-ordered conveyance or decree that is not pursuant to sale, R & T 11911.” 8. Conveyance Given for No Value: “This is a bonafide gift and the grantor received nothing in return, R & T 11911.” 9. Conveyance to Establish Sole and Separate Property of a Spouse: “This conveyance establishes sole and separate property of a spouse, R & T 11911.” 10. Conveyance to Confirm a Community Property Interest when property was purchased with Community Property Funds: “This conveyance confirms a community property interest, which was purchased with Community Property Funds, R & T 11911.” 11. Conveyances to Confirm a Change of Name: “This conveyance confirms a change of name, and the grantor and grantee are the same party, R & T 11911.” 12. Conveyances of an Easement or Oil and Gas Lease Where the Consideration and Value is Less Than $100.00: “This is a conveyance of an easement (Oil and Gas Lease) and the consideration and value is less than $100.00, R & T 11911.” 13. Conveyances Where the Liens and Encumbrances Are Equal or More Than the Value of Property, and No Further Consideration is Given: “The value of the property in this conveyance, exclusive of liens and encumbrances is $100.00 or less, and there is no additional consideration received by the grantor, R & T 11911.” 14. Conveyances from a Trustee Under a Land Contract at the Consummation of the Contract: “This is a conveyance of equitable title from a trustee, under a land contract, to the vendee at the consummation of the contract, R & T 11911.” 15. Conveyance from Individual(s)/Legal Entity(ies) to Individual(s)/Legal Entity(ies) Where the Grantors and Grantees Are Comprised of the Same Parties, and Parties Continue to Hold the Same Proportionate Interest. (Exception: Dissolution of a Partnership. R & T 11925[b]): “The grantors and the grantees in this conveyance are comprised of the same parties who continue to hold the same proportionate interest in the property, R & T 11925(d).” NOTE: IF the transfer qualifies for exemption under one of the above categories, this should be noted on the face of the deed in the space provided. For example: This transfer is exempt from the documentary transfer tax based on: This conveyance is in dissolution of marriage by one spouse to the other, R & T 11927. III. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Arizona real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Community Property - a form of joint ownership of property between married individuals. When a married co-owner dies their share goes to their heirs as provided in their will or the laws of intestacy. d. Community Property with the right of survivorship - a form of joint ownership of property between married individuals. When a married co- owner dies their share goes to the surviving spouse. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; community property or community property with the right of survivorship. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as community property with the right of survivorship ,” IV. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of California. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Recording requested by:                   And, when recorded, mail this deed and tax statements to: Name:       City, State & Zip:       Phone:       GRANT DEED – MINERAL RIGHTS [Individual to Husband and Wife] TRA:       APN:       This transfer is exempt from the documentary transfer tax based on:       The documentary transfer tax is $       City Tax, if any: $       County Tax, if any: $       and is computed on: the full value of the property conveyed. the full value less the liens and encumbrances remaining thereon at the time of sale The property is located in an unincorporated area the city of       KNOW ALL MEN BY THESE PRESENTS THAT: FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, ______________________________ , an individual, married unmarried, hereinafter referred to as “Grantor”, does hereby grant unto ________________________ and ______________________ , Husband and Wife, as community property with the right of survivorship , hereinafter “Grantees”, all of Grantor’s mineral interest, including but not limited to oil, gas, carbon dioxide, and all other minerals in, on and under that certain property being situated in ________________________ County, California, and being more particularly described as follows, to - wit: See legal description attached hereto as Exhibit A and incorporated herein for all purposes. Legal Description:       Grant Deed – Mineral Rights Page 1 of 3 SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any. Grantor does further convey to the Grantees any and all income, benefits, rights and privileges that will hereafter be due to the owner of said mineral rights, including but not limited to, all lease bonus, delay rentals and royalties. Grantor does further convey to the Grantees all such rights and benefits as may be necessary or convenient to the Grantees in the exploration, development, storage, transportation and production of said mineral rights, including, but not limited to, the right to enter into all leases, options, deeds, assignments and other contracts covering said property, to drill wells, lay pipelines, erect derricks, build roads, install tanks, separators, heaters and refineries, and to pool and unitize interests. IN WITNESS WHEREOF, Grantor has executed the above instrument on this the ____ day of ________________ , 20 ____ . Signature of Grantor       Type/Print Name State of California County of       On       , 20       before me,       (here insert name and title of the officer), personally appeared             , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity , and that by his signature on the instrument the person , or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Grant Deed – Mineral Rights Page 2 of 3 Signature (Seal) Grantor(s) Name, Address and Phone: Grantee(s) Name, Address and Phone:                                                 * COMMUNITY PROPERTY AGREEMENT It is hereby agreed by and between ________________________ and ________________________ , Husband and Wife, Grantees herein, that the above described community property shall, in the event of the death of one spouse, vest in and belong to the surviving spouse. Grantee Type or Print Name Grantee Type or Print Name * Note: Complete this section only if you and your spouse specifically select option 2, community property with rights of survivorship . Grant Deed – Mineral Rights Page 3 of 3 EXHIBIT A Grantor:       Grantees:             Legal Description:       Grant Deed – Mineral Rights Exhibit A