HomeMy WebLinkAbout800624.tiff ooh q (� �j °S NOV 5 1980
c_:; • - coc919 Recorded at ..._.. .<1_-... o'clock
U Rec. No._J.&102fl9 .1)12.712".%41�
RESOLUTION 7
date 4 Colorado, Weld County Clerk Cr Recorder
I RE: APPROVAL TO AMEND RECORDED EXEMPTION NO. 456 - C.M.S. , INC.
A
WHEREAS, the Board of County Commissioners of Weld County,
O Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
0 affairs of Weld County, Colorado, and
F WHEREAS, on September 22 , 1980, the Board of County Conuuis-
''' sioners of Weld County, Colorado approved Recorded Exemption No.
456 for C.M.S. , Inc. concerning property located in the South-
west Quarter and part of the South Half of the Northwest Quarter
of Section 36 , Township 5 North, Range 64 West of the 6th P .M. ,
n.
Weld County, Colorado, and
WHEREAS, said approvel of Recorded Exemption No. 456 was
given conditional upon an access through either Lot A or Lot B
which was mutually agreed upon by the parties concerned, and
WHEREAS, the attorney for C.M.S. , Inc. has requested that
Recorded Exemption No. 456 be amended to state that the land-
owner will grant an easement as per the attached easement
agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the amendment to Recorded
Exemption No. 456 for C.M.S. , Inc . as more fully set forth in the
attached easement agreement be, and hereby is, approved.
Tne above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 3rd day of
November, A.D. , 19150.
\ BOARD OF COUNTY COMMISSIONERS
ATTEST: " 1 caw WELD COUNTY, ,COLORADO
Weld County CYerk and Recorder ‘4;' )1./,,C19:‘_ (Aye)
and Cler to the Board C . w. Kifby, airman
/ ' /
BY: U ' tit._ V�. u (C. (Aye)
Deputy County Clerk eonard L. Roe, Pro-Tem
APPRV D AS TO FORM: (Aye)
I��y Norman Carlson
CM‘./ county Attorney (Aye)
/ y Dunbar
ye)
et"
e K. Ste nmark
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(7,1; �- � .) ` '' uAT>J PRLSENTEu : November 5, 1980
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919 1840767
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EASEMENT AGREEMENT
This easement and grant is made effective the day and year here-
after written between C.M.S. , INC. , a Colorado corporation (hereafter
"C.M.S.") , PHILIP D. SCHLAGEL (hereafter "Schlagel") , and FRANK W. ROTHE and
MARY ROTHE (hereafter "Rothe" unless otherwise noted) as follows:
GENERAL RECITALS
1. C.M.S. is the owner of real property located in the South Half
of the Northwest Quarter (S/2 NW/4) and the Southwest Quarter (SW/4) of
Section 36, Township 5 North, Range 64 West, Weld County, Colorado, which has
been subdivided by means of Recorded Exemption No. 456, approved by Resolu-
tion of the Weld County Board of County Commissioners, dated September 22,
1980. In particular, C.M.S. is now the owner of Lot B of Recorded Exemption
No. 0961-36-3-RE 456, recorded in Book 919 as Reception No. 1840593 , Weld
County Records, being a portion of said South Half of the Northwest Quarter
(S/2 NW/4) and said Southwest Quarter (SW/4) (said Lot B being hereafter
referred to as "Subject Property") .
2. Schlagel is the owner of unrecorded easements for existing
ditches across the Subject Property and an interest in division boxes located
thereon for the purposes of dividing and carrying water to lands owned by
Schlagel more particularly described as follows (hereafter "Schlagel Prop-
erty") :
All that part of the Southeast Quarter (SE/4) of Section
25, Township 5 North, Range 64 West of the 6th P.M. , Weld
County, Colorado, lying South of that certain right-of-way
conveyed by deed recorded in Book 814 at page 495 of the
Weld County Records; excepting therefrom that part of said
Southeast Quarter (SE/4) which is covered by a portion of
the Sterling Reservoir, and that portion lying North and
West of the North Branch of the Painter lateral as now lo- •
cated and South and West of the highway; and the part of
the Southwest Quarter (SW/4) of Section 25, Township 5
North, Range 64 West described as that portion of said
Southwest Quarter (SW/4) of Section 25 lying East of the
North Branch of the Painter lateral as now located, in-
cluding the right-of-way 35 feet in width at the foot of
the banks of said reservoir as now constructed.
Also the North Half of the Northeast Quarter (N/2 NE/4)
of Section 36, Township 5 North, Range 64 West of the 6th
P.M. , Weld County, Colorado, excepting therefrom that part
thereof lying North and East of the highway conveyed to
Weld County by Deed recorded in Book 814 at page 495 of
the Weld County Records.
Also the North Half of the Northwest Quarter (N/2 NW/4)
and the North 293 feet of the South Half of the Northwest
Quarter (S/2 NW/4) of Section 36, Township 5 North, Range
64 West of the 6th P.M. , Weld County, Colorado, excepting
therefrom that part thereof deeded to Asa Sterling by Deed
recorded in Book 359 at page 231 of the Weld County Records.
3. Rothe is the owner of unrecorded easements for existing ditches
and interest in certain division boxes located on the Subject Property for
the purposes of dividing and carrying water to the lands owned by Rothe more
particularly described as follows (hereafter "Rothe Property") :
8C0624
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919 1840767
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The Southeast Quarter (SE/4) of Section 36, Township 5
North, Range 64 West of the 6th P.M. , Weld County, Colo-
rado, together with two (2) shares of the capital stock
of The Lower Latham Reservoir Company, two (2) shares of
the capital stock of The Lower Latham Ditch Company, all
irrigation wells, irrigation pumps, motors and equipment
therewith and all other water and water rights, ditch
and ditch rights appurtenant thereto. [Owned by Frank
W. Rothe]
The South Half of the Northeast Quarter (S/2 NE/4) of
Section 36, Township 5 North, Range 64 West of the 6th
P.M. , Weld County, Colorado, together with one (1) share
of the capital stock of Lower Latham Ditch Company and
one (1) share of capital stock of Lower Latham Reservoir
Company. [Owned by Mary Rothe]
4. The parties hereto divide and take water by means of two (2)
division boxes and irrigation ditches now located in the Westerly portion of
the Subject Property near the boundary line between Lots A and B of said
Recorded Exemption. The North Division Box makes a three-way division into
three different ditches as follows: A northerly ditch for the sole benefit
of C.M.S. (hereafter "C.M.S. I Ditch") , the southerly ditch for the benefit
of C.M.S. and Rothe (hereafter "C.M.S. -Rothe Ditch") , and a ditch in between
those two ditches for the benefit of C.M.S. and Schlagel (hereafter "C.M.S.-
Schlagel Ditch") . South of the North Division Box on the C.M.S.-Rothe Ditch
there exists the South Division Box which divides water into another ditch
for the sole benefit of C.M.S. (hereafter "C.M.S. II Ditch") and a ditch for
the sole benefit of Rothe (hereafter "Rothe Ditch") .
5. The C.M.S. -Schlagel Ditch roughly parallels the boundary line
between Lots A and B of said Recorded Exemption from the North Division Box
on the North and thence southerly for approximately 640 feet (not measured)
and thence bears approximately East across the Subject Property to the East
Division Box which divides water into another ditch for the sole benefit of
C.M.S. (hereafter "C.M.S. III Ditch") and a ditch for the sole benefit of
Schlagel (Schlagel Ditch) . The Schlagel Ditch runs northerly from the East
Division Box to the Schlagel Property.
6. The C.M. S.-Rothe Ditch also roughly parallels the boundary
line between Lots A and B of the Recorded Exemption and lies between said
boundary line and the C.M.S.-Schlagel Ditch and proceeds to the South Divi-
sion Box approximately 785 feet (not measured) from the North Division Box.
From the South Division Box the Rothe Ditch proceeds across the Subject
Property roughly parallel to the boundary line between Lots A and B of the
Recorded Exemption in a south-southwesterly direction until it reaches a
point along the County Road right-of-way (the approximate west 30 feet of the
Subject Property) immediately South of Lot A, and then proceeds in a south-
erly direction approximately parallel to the eastern boundary of said County
Road right-of-way to a point near the Southwest corner of the Subject Prop-
erty immediately North of the County Road right-of-way along the southern
boundary of the Subject Property, and thence easterly across the Subject
Property immediately to the North of and approximately parallel to the North
boundary line of the County Road right-of-way.
7. There exists a private road approximately parallel to and
abutting on the East of the Rothe and C.M.S. -Rothe Ditch to the North Div-
ision Box, which road enters the Subject Property near the Southwest corner
thereof.
8. The parties are mutually desirous of setting forth with more
particularity the location and nature of the rights and easements of said
ditches across the Subject Property.
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8OO624
sou--919
1840767
7y
AGREEMENT AND GRANT OF EASEMENTS
1. Grant of Easement: For good and sufficient consideration,
C.M.S. grants and conveys to Schlagel for the specific benefit of the Schlagel
Property and to Rothe for the specific benefit of the Rothe Property the
easement and right-of-way for ditch and division box purposes over and across
the following described part of the Subject Property:
An easement and right-of-way of varying feet in width with
the Western edge thereof being part of the West boundary
of the Subject Property, and said easement or right-of-way
being more particularly described as commencing from the
South boundary line of the Subject Property and proceeding
in a more or less Northerly direction as follows:
Westerly 40 feet of the Subject Property between
the South boundary line of the Subject Property
and the South point of Lot A of said Recorded
Exemption extended due East;
THENCE from said South point as extended due
East, the Westerly sixty (60) feet of the Sub-
ject Property to the intersection of a Point
on the boundary between Lot A and Lot B of
said Recorded Exemption as extended due East,
said Point being more particularly located as
follows:
BEGINNING at the Southwest corner of Sec-
tion 36, Township 5 North, Range 64 West
of the 6th P.M. , Weld County, Colorado,
and considering the West line of said Sec-
tion as bearing North 00° 00'00" East,
and with all other bearings contained
herein relative thereto;
THENCE North 00° 00' 00" East, 1722.66
feet;
THENCE South 49° 53' 25" East, a distance
of 123.61 feet to the Point;
THENCE from said Point as extended due East, the
Westerly 30 feet of the Subject Property until
the same intersects the right-of-way for Weld
County Road 59 (which right-of-way is the West
30 feet of the Subject Property) .
2. Grant Includes: This grant includes the nonexclusive easement
and right-of-way for the purposes of maintenance, operation and repair of the
above-described existing ditches and division boxes within said easement, as
well as the vehicular right of access along the existing roadway (and such
other access with or without vehicles as may be reasonably necessary within
said easement) .
3. Certain Limitations; Reservation of Ri hts: Regardless of
the generality of the terms of the above grant, this grant conveys no rights
which grantees did not previously possess. In particular, Schlagel is
granted no rights in C.M.S.-Rothe Ditch, South Division Box, C.M.S. I, II
or III Ditches, and Rothe is granted no rights in the C.M.S.-Schlagel Ditch,
C.M.S. I, II or III Ditches, the Schlagel Ditch or the East Division Box.
This grant is specifically limited only to those rights as are reasonably
necessary for the operation, maintenance and repair of the ditches and di-
vision boxes and all such rights shall be exercised with due regard to the
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€'"0624
3a°`(919 1840767
7- 5-
fee ownership of C.M.S. This grant is nonexclusive as to C.M.S. and C.M.S.
reserves all its existing rights in all division boxes and all ditches above
referred to except the Rothe and Schlagel Ditches.
4. Grant of Rothe Ditch Easement: In addition to granting to
Rothe an easement for the Rothe Ditch as it exists within the above-described
easement South of the South Division Box, C.M.S. grants and conveys to Rothe
for the specific benefit of the Rothe Property an easement and right-of-way
for ditch purposes, including rights of access, for the maintenance, repair
and operation of the Rothe Ditch as it extends from the above-described ease-
ment near the Southwest corner of the Subject Property in an easterly direc-
tion approximately parallel with the South boundary of the Subject Property
and North of the County Road right-of-way along the South property line of
the Subject Property. This easement is limited to the existing location of
the Rothe Ditch and is described as being the approximate North 20 feet of
the South 50 feet of the Subject Property.
5. Grant of Schlagel Ditch Easement: In addition to the above-
described easement, C.M.S. grants to Schlagel for the specific benefit of the
Schlagel Property an easement and right-of-way for ditch and division box
purposes, including rights of access, for the maintenance, repair and opera-
tion of (a) the C.M.S.-Schlagel Ditch as it currently exists in an approxi-
mate easterly direction from the above-described right-of-way, (b) the East
Division Box, and (c) the Schlagel Ditch as it currently exists in a north-
erly direction from the East Division Box. This grant includes existing ac-
cess roads. This is a nonexclusive grant with C.M.S. reserving all of its
preexisting rights.
6. Joint Expenses: Expenses, if any, of maintaining and repairing
the roadway, North Division. Box and the main ditch from the North to the
North Division Box shall be shared equally by all parties hereto. The ex-
penses for maintaining and repairing the other shared ditches and division
box shall be shared equally by the parties who use the same.
7. Limit to Specific Property; No Assignment: These rights are
granted to Rothe and Schlagel for the specific benefit of each's above-
described property and the same shall be appurtenant to and shall run with
said specifically described property. Neither can assign or convey said
rights separate and apart from the specifically described property without
the written consent of C.M.S. (or its successors) .
8. Binding Nature: This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their assigns, successors in
interest, legal representatives and all persons claiming through them.
EXECUTED and delivered this 4th day of November, 1980.
C.M. S. ,., INC./ 1 /� pI{//// ///////^/_
`1. 1111 , By nay, Au thoriz [3 j�re
tl
•
•"immwi,:,•`
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C 0624
gar 919 1840767 ,
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Philichlagel frv,,d 6
Frank W. /V J�j���' '�/
Rothe
Mar Rote e
raC
STATE OF COLORADO )
COUNTY OF � ) ss.
61/7466.61/7466../ )
The foregoing instru nt was ackno ledged before m this ____ day
of 19 by
�,
and C "S , �T/LtPc ii.4i7`
an
, (� �cAi�of C.M.S. , INC.
�powt,,",,,•.. WITNESS my hand and official seal.
qty i. ZpRY� ,1.
2. E' \.47.. G o %Qublic
��; o
:is, *1\hy2mniSs3gPl expires /yX'7/
"it, 7f tt ` J
STATE OF COLORADO )
) ss :
COUNTY OF
SUBSCRIBED, SWORN TO and acknowledged before me this 34_" da of
'_��'I / , 1980, by PHILIP D. SCHLAGEL. Y
...s ,,,,,.. .'' c4LITNESS my hand and official seal.
,. 1zRARY,, .
x' „..0.4 * � /?
Notaryfublic
1"4..J jy o 'mission expires 4,4
J� /7,8 et •
STATE OF COLORADO )
COUNTY OF t�� ) ss:
J�
SUBSCRIBED, SWORN TO and acknowledged before me thisay of
0 C ,t0 bar , 1980, by FRANK W. ROTHE.
.,..••,..,,,,, WITNESS my hand and official seal.
...
� '' cFyF`f,'.�`V"y(f, yasses-
, . Notary Public
�.' .0...04> t
�p MY Commission Expires
^.Myacl i b>D`fxpires co.,sa s,� 3. 7981
l/`... CO`PC' 5
C OO624
?pc% 919 1840767
7- 7
•
STATE OF COLORADO )
) ss:
COUNTY OF
wRA A
Sc. '4UBSCRIBED, SWORN TO and acknowledged before me thisay of
1,00 , 1980, by MARY ROTHE.
WITNESS my hand and official seal.
(, Notary Public
r , .
_mow , Ma pff}ssion expires MY Commission Oroa •
401 A R y ': September, 3, 1984
Pu BY'
,t t.
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800624
RECORDING DATA - MAPS & PLATS
Lot"A" Recorded Exemption #0961-36-e-RE456 �r
NAME OF SUBDIVISION -__—___
C. M. S., IncNAME OF SUBDIVIDER
A parcel of land located in SW4 of Section 36, Township 5 North,
LOCATION OF SUBDIVISION Range 64 West of the 6th P.Mz.,_Wel0__Q,aty..-alp- d°-c_
1840593
NOV 3 9980 BOOK 9i ) RECEPTION N
DATE OF RECORDING
MARY ANN FEUERSTEIN
WILD COUNTY CLERK AND RECORDER
BY: a/1/1,41)1-
/1/1,41 ""
DEPUTY COUNTY CLERK b RECORDER
ec0624
RECORDED EXEMPTION No 0961-36-3 - RE 456
Legal Description
The Southwest Quarter (SW.) and the South Half of the Northwest
Quarter (WW1/4) of Section Thirty-six (36) , Township Five (5)
North, Range Sixty-four (64) West of the 6th P.M. , Weld County,
Colorado, EXCEPT the North 293 feet of said _South Half of the
Northwest Quarter (S'NW4) and that part of the;S1/2NW14 of said
Section 36 conveyed to Asa Sterling by Deed recorded in Book 359, V
Page 231 , Weld County :records and EXCEPT right-of-way as conveyed 0
by Deed recorded in Book 296, Page 149, Weld County records
LOT "A" — - _ ,r0
A parcel of land located in SW4 of Section 36, Township 5-North,
V
Range 64 West of the 6th P.M. , Weld County, Colorado being more
1p
particularly described es follows
Beginning at the Southwest Corner of said Section 36 and considering
the west line of said section as bearing North 00°00'00" East,
with all other bearings contained herein relative thereto;
Thence North oo°oo'oen East, 476.60 feet to the True Point
of Beginning;
Thence North--00°00'00"`East,-1246.06 feet;
Thence South :49°53'25":East,_ 123.61 feet; _ —
Thence South :05°00'55":West, 37.05 feet;
Thence South 36°451511' East, 201.12 feet; --
Thence South 43°29'48" East, 185.51 feet,
Thence South .29°06'56""'East, 93.60 feet;
Thence South 16°41 ' 11" East, 74.57 feet;
Thence South 00°52'00" East, : I36.31 feet;
Thence South 17°48'51" West, 154.99 feet;
Thence South 28°43'43" West, 124.62 feet;
Thence--South_43°22'57"-West, : 141_26 feet; -
Thence South 47°51 '02" West, 275.31 feet to the True Point of
Beginning.Said described parcel of land contains 7.343 acres , more or less ,
including 0.840 acres, more or less, reserved for county road
right-of-way purposes and is subject to any rights-of-way or
other easements as granted or reserved by instruments of record
or as now existing on said described parcel of land--
Surveyor's Certificate ao�`5 t-k
I hereby certify that this plat was prepared under my supervisionsa Saa'�'s.�`•`i-,�
and that the same is correct to the best of my knowledge and beief4 •F
.0
r*.m 4392 t
' Low_ �0
1.04
Ja per re s Ike•ret 4f;
Col . ad' P.E. & L.S. No 4392 ,,,..;:•ut coterie
Property Owner's Approval- - _
We, C.MLS., Inc. , being sole owner in fee of thea ve described
property do hereby subdivide the same a non a ached ma
By Walter 'Schlegel/�tary
The foregoing certification was acknowledged before me this
day of ,A.D. , 1980. Wi ess my hand an seal .
My Commission Expires:
Sly Commission Expires Jan.40981
No ary Public
Planning Commission Certificate
The accompanying plat is acc- .ted annd pprsuedor 'lin
ATTEST: County Clerk s } ' 6G.ltr✓ • //
—.�� ��'�J- • hairman , Board of trinity Commissioners
Dated - - O
800624
20033�s
OTTO & CULVER arrolewonaICorporation LAND SURVEYORS
RECORDED EXEMPTION N° 0963- 36-3 - RE456
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800624
200.734
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