HomeMy WebLinkAbout940387.tiff t
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f. RESOLUTION
RE: ACCEPTANCE OF QUIT CLAIM DEED AND ASSIGNMENT AND QUIT CLAIM FOR PUBLIC
ROAD RIGHT-OF-WAY FROM HABROCK DEVELOPMENT CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners approved a Final Subdivision
Plan for Willow Springs Estates by Resolution on March 2, 1994, and
WHEREAS, the Board of County Commissioners approved an Improvements
Agreement which contains provisions regarding improvements to the public right-
of-way on Weld County Road 23 south of Highway 392 and also including
improvements to the roads internal to the Willow Springs Subdivision, and
WHEREAS, in order to satisfy title concerns and to secure the public right-
of-way for Weld County Road 23 from State Highway 392 and crossing the Greeley
Canal Number 2 an acceptance of assignment of crossing rights and Quit Claim Deed
is required, and
WHEREAS, no portion of this Resolution is intended to constitute acceptance
of said right-of-way for maintenance by Weld County, nor to impair, negate, or
otherwise affect any rights or obligations between Habrock Development
Corporation and the County of Weld, State of Colorado, acting by and through its
Board of County Commissioners as set forth in the Improvements Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the property described in said Quit Claim Deed dated April
26, 1994, between Habrock Development Corporation and the County of Weld, State
of Colorado, acting by and through its Board of County Commissioners, be, and
hereby is, accepted as a public right-of-way for the purposes of public roadways,
utilities and similar public uses.
BE IT FURTHER RESOLVED by the Board that the Assignment and Quit Claim of
April 26, 1994, between the Habrock Development Corporation and the County of
Weld, State of Colorado, acting by and through its Board of County Commissioners,
be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that no portion of these acceptances
shall impair, negate, or otherwise affect the rights or obligations by or between
the Habrock Development Corporation and the Board of County Commissioners, as
provided within the Improvements Agreement entered into in connection with
improvements for Willow Springs Estates.
BE IT FURTHER RESOLVED by the Board that no portion of this Resolution
shall be considered as an acceptance by Weld County for maintenance of the right-
of-way as described in the Quit Claim Deed and Assignment and Quit Claim Deed.
B 1438 REC 02385539 04/27/94 12 : 31 $10 . 00 1/002
F 1925 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940387
5'L< U y /) . . Y. • :.Awl lei re_ , 't} r &r, pt
• . •
RE: ACCEPTANCE OF QUIT CLAIM DEED - HABROCK DEVELOPMENT CORPORATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 27th day of April, A.D. , 1994.
ATTEST: Ma447 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLIL
DO
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Weld County the Board ii l� ./Al
? W. H.H. )Web/stteerr,, Ch irman/
, f
BY: /Z � &, /A AN
P y
De ut Cl`et*k he Bo Da - K. Hall, Pr -Tem
ILl ____
F c..-/� ,c4
E. Baxter
ounty Al orney Z �n tance L. Harbert
V
Barbara J. Kirkme er
940387
B 1438 REC 02385539 04/27/94 12 : 31 $10 . 00 2/002
F 1926 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
4111
•
QUIT CLAIM DEED
Quit Claim Deed made April 26 , 1994, between Habrock
Development Corp. , a Colorado corporation, referred to as "Dedicator"
and the County of Weld of the State of Colorado, acting by and through
its Board of County Commissioners, referred to as "Dedicatee . "
Dedicator, in consideration of Ten Dollars ($10. 00) to Dedicator
paid by Dedicatee, receipt of which is hereby acknowledged, dedicates,
releases, remises, and quit claims to Dedicatee, to have and to hold
for the public use forever, as a public right-of-way for purposes of
public roadways, utilities, and similar public uses, all that land
described as follows :
Parcel 1
The West 50 feet of Lot A of Corrected Recorded Exemption
No. 0 807-24-2-RE1381, recorded March 9, 1993, in Book 1373
as Reception No. 02324419, being a part of the NWT,( of the
NW%% of Section 24, Township 6 North, Range 67 West of the
6th P.M. ; and
Parcel 2
The East 30 feet of the North 700 feet of the NE1% of the NE'%
of Section 23 , Township 6 North, Range 67 west of the 6th
P.M. , EXCEPT that portion conveyed to Weld County for a
public highway by right of way deed recorded December 5,
1952, in Book 1345 at Page 163 ;
together with all its appurtenances, but reserving unto Dedicator, its
successors, and assigns forever, all minerals of whatever kind or
character in, under, and upon or that might be produced from the
above-described lands .
Subject to possible vacation pursuant to §§43-2-301, et sea. ,
C.R.S . , as may be amended, Dedicatee, by accepting this dedication,
obligates itself to forever preserve and use the described land for
the purposes listed above and no other.
The making and accepting hereof shall not impair, negate, or
otherwise affect any rights or obligations by or between Dedicator and
Dedicatee as provided within a certain Improvements Agreement entered
into in connection with the zoning, platting, and subdividing of
Willow Springs Estates, Weld County, Colorado.
SIGNED AND DELIVERED this AIL__ day of /1_._ D , 1994 .
DEDICATEE: HABROCK DEVELOPMENT CORP.
ByEu ne L, Habrock, President
Attest: /
Pamela A. Habrock, Secretary
940387
V • • •
STATE OF COLORADO )
ss .
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this fit`
day of -,\ , 1994, by Eugene L. Habrock as President and
Pamela A. IHabrock as Secretary of Habrock Development Corp.
WITNESS my hand and official seal .
Notary Public L. t4',
My commission expires : III r1-, s,!—ii44)&01y ,
G" t 4'j
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94036 I
• S
ASSIGNMENT AND QUIT CLAIM
FOR VALUE RECEIVED, Habrock Development Corp. , a Colorado
corporation, as Assignor, assigns, transfers, and sets over to the
County of Weld of the State of Colorado, acting by and through its
Board of County Commissioners, as Assignee, all its right, title, and
interest in and to the following described agreement:
A certain Crossing Agreement dated January 12, 1993, between
THE NEW CACHE LA POUDRE IRRIGATING COMPANY, and Eugene L.
Habrock and Pamela A. Habrock, a copy of which is attached
hereto as Exhibit A and incorporated herein by reference, as
assigned by Assignment and Quit Claim to Habrock Development
Corp. , a copy of which is attached hereto as Exhibit B and
incorporated herein by reference;
subject to all terms and conditions of said Agreement .
Assignor hereby remises, releases, and quit claims to Assignee
all its right, title, and interest in and to the property described
within the Agreement, together with all improvements thereon and
appurtenances thereto, to have and to hold for the public use forever
as a public right-of-way for purposes of public roadways, utilities,
and similar public uses .
Subject to possible vacation pursuant to §§43-2-301, et seq. ,
C.R.S . , as may be amended, Assignee, by accepting this assignment and
quit claim, obligates itself to forever preserve and use the described
property for the purposes listed above and no other.
The making and accepting hereof shall not impair, negate, or
otherwise affect any rights or obligations by or between Dedicator and
Dedicatee as provided within a certain Improvements Agreement entered
into in connection with the zoning, platting, and subdividing of
Willow Springs Estates, Weld County, Colorado.
Executed on v/a€ . , 1994 .
ASSIGNORS:
�
Eu ne L. Habrock Pamela A. Habrock
STATE OF COLORADO )
ss .
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this c2(Pb
day of {-1,`)r ,‘ , 1994, by Eugene L. Habrock and Pamela A. Habrock.
WITNESS my hand and official seal .
My commission expires : j.,1t1cjS Notary Public �
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940887
SENT BY:Tf TITLE GREELEY CO ; 4-19-94 1:13PM ; 3042n5inli24
b 1372 AEC 02324000 01/04/93 14141 813.00 1/003
4223i1000f 1820 NARY ANN TEOERSTRIN CUMa RECORDER WELD CO, CO
CROSS= AOASMOON!
TATS AGREE1QOr1, sada this day of January, 1993,
between TEE NEN CACSE LA ;CORE DATING COMPANY, hereinafter
the •Company■, and Eugene L. Rabsack and Pamela A. Eabrock,
hereinafter •Second Party.
TENT NUREAE, the Company is the owner of an irrigation
ditch end right-of-vat. commonly known as the Greeley canal
No. 3) and
WHEREAS. Second Party desirous to acquire a certain right-
of-way to cross the irrigation ditch of the Company for the
C:11; em of a public road right-of-way and enlarging an existing
:bridge over said ditch.
NOW, TSERETORE, in consideration of TEN OOLLARm and other
good and valuable consideration (510.00) , together with the sum
of 3100.00 to reimburse The New Cache La Poudre Irrigating
Company for payment of attorney's fees, the receipt of which is
hereby acknowledged by the company, the parties mutually agree as
follows;
1. The Company grants to Second Party a public' recd right-
of-way and easement for the purposes of a public road right-dl-
way and enlarging an existing bridge up to 32 feet in width over
the ditch owned by the company in Weld County, Colorado, pursuant
to the standards of weld County, at the location designated on
the Exhibit °A' attached hereto.
R. =Le caapany grants to Second Party the right of ingress
fortteeexerrccisedof tthhespu esmoft s of s agrry eement.
3. reasonable
3. All work shall be performed only after prior notice and
submission of plans and ssppesOOifications to the superintendent at
�.Cg�1ny,eien o d,,eh irstd i be performed Under the
4. In the event any sum is expended by the Company for
repair or maintenance of the ditch at the point of disturbance.
which repair or maintenance is necessary because of second
Partyy existenceants
of the iosinsein Second crossing
the ditch, or because of
Pa Party shall reimburse the
Company for such expense. Determination of whether repair or
maintenance is necessary, and whether an emergency exists, shall
be the sole right and privilege of the Company.
S. All constrootion activity shall be coordinated with the
Company's superintendent.
• S. Installation and maintenance of the bridge shall be
entirely without disturbance by Second Party or its agents of the
flow of water in the company's ditch. unless permission in
writing is first received from the company for such disturbance.
Second Party expressly agrees that it shall be !fable to the
Camay or its shareholders in damson for any unauthorised
EXHIBIT A (1 of 3) 940387
' SENT BY:TA TITLE GREEL,EY• CO •4-19-94 1:i4PM : 3.223124.
+
Y
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• E 1372 AEC 02324000 03/04/!3 14:21 $15.00 2/003
Y 1821 MARY ANN rIUERSTEIN CLERK 1 RECORDER MELD CO, CO
disturbance of the flaw of water through the ditch, to the extant
Only that such disturbance is caused by Second Party.
7. In the event that the Company finds it necessary to
perform emergency repairs to the disturbed portion of the ditch
bank, either now or at any intuits time, the Company shall be
wholly without liability for damages to Second party as the
result of the perforaanee of such repairs, exoapt as to such
damage as may be caused by the Company's negligence.
a. Installation of said bridge shall.be entirely without
cost t the
to prepare tatss sesing , attorneys shall be directed
their and expenses
of $100.00 shall be paid by Second Party. .
P. The Company shall have full power to operate maintain
alter, enlarge. relocate, clean and manage its ditch as if this
Agreement bad not been made, and any expense or damages caused
thereby to Second Party shall not be chargeable to the Company,
except as to such damage as say be caused by the Company's
negligence. In the event, however, that any such action on the
part of the Company could reasonably be expected to affect Second
Parry, the Company agrees to give prior notice to Second Party,
and to cooperate to avoid injuries or damages to the bridge.
10. This Agreement and all the terms and conditions thereof
shall extend to and be binding upon the successors and assigns of
each of the parties hereto. Upon transfer of its interest in
this Crossing Agreement, Second Party agrees to inform the
Company of the nose of the transferee.
li. Second Party agrees to record this Agreement or an
executed copy thereof, at its own expense, with the Clark and
Rummer of Lariaer County, Colorado, and furnish evidence of
evidence ofica tO record� is furnishedto CCoap work paamly.eoaenee until
33I •jfl s ID rmsor, the parties have caused these presents
to be duly emanated by the proper officers, and have affixed
their seals hereto on the day and year first above written.
NEW CACRE L► POODRE IRRIGATING
my: �
C��I'ttss: r r�
+a to L. Hob oqk " - -de•
Pamela A. li M ar
EXHIBIT A (2 of 3) 940387
a TITLE GREELEY CO 19-94 1.:1SFM 30.223124 %St
• 1 1372 NEC 02324000 03/04/93 14121 $15.00 3/003
f 1122 NARY ANN TWEE/flint CLLNK 4 NJCOEDNN MELD CO. Co
EINIIIT A TO CROSSING AMLEIIIT
OO TIE AND MIS L MOCK K AID►N6LA. NAINOCK
The legit description of the right-of-way and easement of the attached
Crossing Agreement 1s the East 16 feet of the property of the New
Cache 1a Poudrs Irr11atino WWI, ('eMpa ,1) loealed In the
Northeast Quarter of the Northeett Quarter of Section 23, Tewnsnlp 6
North, Kongo 67 Vest of the 6th P.N.. and the West 1s feet of said
CospanY't property in the Mortheatst Quarter of the Northwest Quarter
in Section 24, Township 6 North, Range 67 Vest of the 6th P.N. e1d
County. Colorado, wiyith INC *Opines Property being commonly referred
tOgetherrawithiallt0f itsa$ppurtanenc a� No. 2 Canal or No. 2 Ditch.
EXHIBIT A (3 of 3)
940387
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• SENT SY:TA TITLE Ol�EY CO 4-19-94 i:i5PM 12� :x
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8 1404 DEC 02352745 09/30/93 16:38 $20.00 1/004
F 0719 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO
AR2352745 CSOssZl10 71
ONEENIarr
•
THIS AGREEMENT, made this (Qd'3dav of , 1993,
by and amongn THE NEW CACHE LA POUDRE IRRIGAT G COMPANY,
hereinafter the "Company", and EUGENE L. RABROCK and PAMELA A.
NABROCE, hereinafter "Second Party".
THAT WHEREAS the Company is the owner of an irrigation ditch
and right-of-way, commonly known as the Greeley Canal
No. 2; and
WHEREAS Second Party desires to acquire a certain right-of-
way to cross the irrigation ditch of the Company by installing a
pressurized water line, not to exceed six inches in interior
diameter, (hereinafter the "water line") below said ditch.
NOW, THEREFORE, in consideration of SEVEN HUNDRED AND FIFTY
dollars ($750.00) , and other good and valuable consideration, the
receipt of which is hereby acknowledged by the Company, the
parties mutually agree as follows:
1. The Company grants to Second Party a right-of-way and
easement to construct and maintain the water line under the ditch
owned by the Company in Weld County, Colorado, at a location
approximately twenty (20) feet east of the location designated on
Exhibit "A" attached hereto.
2. The Company grants to Second Party the right. of ingress
and egress to and from said easement. as necessary and reasonable
for the exercise of the purposes of this agreement.
3. The water line shall be installed no less than four
feet below the bottom of said irrigation ditch.
4. All work shall be performed only after prior notice and
submission of plans and specifications to the superintendent of
the Company, and, if required, will be performed under the
supervision of such superintendent. All construction work shall
- be coordinated with the Company's superintendent.
5. In the event any sum is expended by the Company for
repair or maintenance of the ditch at the point of disturbance,
which repair or maintenance is necessary because of Second
Party's acts or omissions in constructing the water line and
running it under the ditch, or because of the existence of the
water line, or because of any breakage of the water line, Second
Party shall reiaburse the Company for such expense.
Determination of whether repair or maintenance is necessary, and
whether an emergency racists, shall be at the discretion of the
Company.
6. Installation and maintenance of the water line shall be
entirely without disturbance by Second Party or its agents of the y�
rv.,TOTT ➢ r, _r l.. �I4°/�S'
SENT BY:TA TITLE f32EEl t1 CO •
4-19-94 1:16PM 12
•
1404 PLC 023S274S 09/30/93 16,39 620.00 2/004
P 07;0 NARY ANN rzuEASTLtN =PR ALCOADEF NEED CO, Co
• flow of water in the Company's ditch, unless permission in
writing is first received from the Company for such disturbance.
Second Party expressly agrees that it shall be liable to the
• Company or its shareholders in damages for any unauthorised
disturbance of the flow of water through the ditch, to the extant
only that such disturbance is caused by Second Party.
7. In the event that the company finds it necessary to
perform emergency repairs to the disturbed portion of the ditch
bank, either now or at any future time,. the Company shall be
wholly without liability for damages to second Party as the
result of the performance of such repairs, except as to such
damage as may be caused by the Company's negligence.
S. Installation of said water line shall be entirely
without cost to the Company. The Company's attorneys shall be
• directed to prepare this Crossing Agreement, and their fees and
expanses of $150.00 shall be paid by Second Party, in addition to
the consideration earlier recited, by remitting such amount to
the Company,
S. The Company shall have full power to operate, maint.in,
alter, enlarge, relocate, clean and manage its ditch as if this
Agreement had not been made, and any expense or damages causes.
thereby to Second Party shall not be chargeable to the Company,
except as to such damage am may be caused by the Company's
negligence. In the event, however, that any such action on the
part of the Company could reasonably be expected to affect Second
Party, the Company agrees to give prior notice to Second Party,
and to cooperate to avoid injuries or damages to the water line.
10. This Agreement and all the terms and conditions thereof
shall extend to and be binding upon the successors and assigns of
each of the parties hereto. Upon transfer of its interest in
this Crossing Ag t, Second Party agrees to inform the
Company of the name of the transferee.
11. second Party agrees to record this Agreement or an
executed copy thereof, at its own expense, with the Clerk and
Recorder of Weld County, Colorado, and furnish evidence of such
recording to the company. No work shall commence until evidence
of recording is furnished to Company.
- 2 -
EXHIBIT B (2 of 4)
940387
SENT BY:TA TITLE f3P.EELEY CO 419-94 1:17PM ; --T- 124 :�
,
•
• 8 1404 PLC 02352745 09/30/93 16t3$ 920.00 3/004
t 0721 MARY ANN FEDERSTEIN CLEAR 4 RECORDER WELD CO, CO
IN WITNESS WHEREOF, the parties have caused these presents
to be duly executed by the proper officers, and have affixed
th!itr.seals hereto an the day and year first above written.
ti�(,11F 44 d�,1
,,• • THE NEW CACHE LA P0DDRE IRRIGATING
< :T ;e, = COMPANY
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°Mai� ,..�'' Ita �%' r0rrs king/leaw....•--.--
It.; Seen.-nary
SECOND PARTY
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3 EXHIBIT B (3 of 4) 9403[?.
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SENT BY:TA TITLE GREELEY CO 4-19-94 1:18FM : 124 :t
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R 1404 SEC 02352145 09/30/93 16:38 !20.00 4/004
T 0722 MARY ANN YEDERSTEIN CLERK a RECORDER WELD CO. CO
EXHIBIT A TO CROSSINS AGREEMENT
• BETWEEN MANEE1.�6RR0R AND PMELAADINiA l m COMPANY
The legal description of the right-of-way and Gatemen! of the attached
Crossing Agreement is the East 16 feet of the property of the New
Cache It Poudre Irrigating Company ( Company") located in the
Northeast Quarter of the Northeast Quarter of Section 23. Township 6
North,n IRAQI 67 e tysinothe Norrthwest Quarte end rhe Vest 16 feet of the Northwest Quarter
Company's property
County,
Section, 24, Township
theNCompaiy'sge 67 prop�property
ecommonly referred
touasy. Colorado,
t the
Irrigating a No. 2 Canal or No. 2 Ditch,
together with ll of it appurtene+as.
i
EXHIBIT B (4 of 4) 940387
• •
ASSIGNMENT AND QUIT CLAIM
FOR VALUE RECEIVED, Pamela A. Habrock and Eugene L. Habrock, as
Assignors, assign, transfer, and set over to Habrock Development
Corp. , a Colorado corporation, as Assignee, all their right, title,
and interest in and to the two agreements described as follows :
1 . A certain Crossing Agreement dated January 12, 1993, between
THE NEW CACHE LA POUDRE IRRIGATING COMPANY, and Eugene L. Habrock and
Pamela A. Habrock, a copy of which is attached hereto as Exhibit A and
incorporated herein by reference; and
2 . A certain Crossing Agreement dated September 28, 1993 ,
between THE NEW CACHE LA POUDRE IRRIGATING COMPANY, and Eugene L.
Habrock and Pamela A. Habrock, a copy of which is attached hereto as
Exhibit B and incorporated herein by reference;
subject to all terms and conditions of said Agreements .
Assignors hereby remise, release, and quit claim to Assignee all
our right, title, and interest in and to the property described within
each of the Agreements, together with all improvements thereon and
appurtenances thereto.
��� _7/-014
Executed on (�j!ef'or , 1994 .
// ASSIGNORS:
Eue L. Habrock
Pamela A. Habrock
STATE OF COLORADO )
ss .
COUNTY OF WELD
The foregoing instrument was acknowledged before me this e200-=
day of 42V47- ,1 , 1994, by Eugene L. Habrock and Pamela A. Habrock.
WITNESS my hand and official seal .
L .�c L 1' �, , ^cez. t,,
Notary Public
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My commission expires : 11())95' e
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A Plc rejit:154i
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EXHIBIT B 940387
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