HomeMy WebLinkAbout460005.tiff i Ili
100/867 Co . Rd . 37 . 5
5/21/1946 Great Western Sugar offer
to exchange right-of-way
for hard surface ( oil )
on a County Road .
6/19/1946 R/W Deed in Sec 31 T 7
R 65 .
Grantor : Great Western Recorded in Book 1181
Sugar Co . page 372
6/30/1960 Map showing irrigation
tile in Sec 31 T 7 R 65 .
(County Surveyor . )
7/21/1960 Map showing irrigation tile
in Sec 31T7R65 .
(Great Western Sugar Co . )
8/1/1960 Regarding tile line location .
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TEN GREAT WBSTERN SUGAR COMPANY'
Mr. L. H. Andrews
Building
Dear Sir:
You have requested Mr. Kiser and the undersigned to
determine the location of the open ditch and underground
tile line belonging to Joe Haythorn at Eaton, and also the
location of the line of trees along the east side of the
county road which runs in a northeasterly direction and
lies west of our Eaton factory site.
This is to advise that the open ditch lies on property
belonging to the Sugar Company. The underground tile line
and the row of trees referred to above lie on property
belonging to Weld County.
The location of the ditch, tile line and trees are
shown on Drawing No. 11277 dated July 21, 1960, prepared
by Mr. Kiser as the result of a recent survey made by him.
Also attached is a copy of a survey made by R. 0. Cottingham,
Weld County Surveyor, dated !� _- � , 1960.
On February 17, 1902, Benjamin H. Eaton conveyed the
present Eaton factory site to the predecessor of The Great:
Western Sugar Company. This deed locates the westerly boundary
oi: the factory site 3188 feet west of the southeast corner of
Section 31 "to a point 12 feet east of right of way of The
Union Pacific Railroad Company".
On May 22, 1946, the Sugar Company conveyed to the
County of Weld the westerly 15 feet of its factory site and
described the point of beginning as being 3188 feet West of
the southeast corner of Section 31 but did not describe such
point as being 12 feet east of the right of way line of The
Union Pacific Railroad Company.
As shown by Mr. Kiser's drawing, when the 15 feet is
added to the 12 feet, all of which lies east of the railroad
right of way line, the underground tile line and the row of
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trees immediately east of the tile line are within the property
owned by the County.
Mr. Cottingham's survey as made on the ground indicated
that the point which is 3188 feet west of the southeast corner
of Section 31 actually lies only 8.4 feet east of the rail-
road right of way line. If this were the correct line, then
the trees would be on the Sugar Company property, and the
underground tile line would be on property owned by the County
of Weld and the Sugar Company.
As a matter of fact, however, the 8.4 foot line shown
on Mr. Cottingham's survey, although correctly surveyed, would
not be controlling, because it was clearly the intention of the
Sugar Company in its deed to Weld County on May 22, 1946, to
convey to the County a strip of land 15 feet wide off its west
boundary line which did not extend closer than 12 feet to the
railroad right of way as set forth in its deed of February 17,
1902 from Benjamin F. Eaton. There was no mutual mistake of
fact.
The 3.6 foot error is undoubtedly due to the fact that in
1902 the distance of 3188 feet west of the southeast corner of
Section 31 was measured with a worn surveyor's chain and was
hardly accurate.
When the deed of May 22, 1946 is read in conjunction with
the deed of February 17, 1902, it is clear that the starting
point in the deed of May 22, 1946 was a point lying 12 feet
east of the railroad right of way line. Therefore, even
though the Sugar Company may not have actually intended the
trees to be included in the conveyance, they were so included
as a matter of law because they fell within the 15 foot strip
conveyed to the County.
8/1/60 Edward A. Walsh
cc: Mr. L. E. Butler
Weld County Commissioners
FARM PIPE LINES, INC.
IRRIGA'W PIPELINES
SPRINKLER .EL PIPE IRRIGATION
SYSTEMS BATED PIPE SUPPLIES
P. O. Box 756 Phone: UNderhIll 7-6375
FORT MORGAN, COLORADO
Order - Date_--;_L°-_..._.---_—_— ----- _
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When _-r--_/.1__ _--__--_-_--_—___ Terms: Cash on Receipt of Invoice
PRICES SUBJECT TO CHANCE WITHOUT NOTICE
QUANTITY SIZE DESCRIPTION UNIT TOTAL
PRICE
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PURCHASER AGREES TO PAY PARM PIPE LINES, INC., ON RECEIPT OF INVOICE. INVOICING OF ORDER, AND
FINAL CHARGE THEREFOR, WILL BE BASED ON ACTUAL QUANTITIES DELIVERED. ANY DEVIATION FROM THE
ABOVE ESTIMATE, GREATER OR LESSER, WILL BE REFLECTED ON INVOICE AT UNIT PRICE QUOTED.
CE QUOTED.
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ORDERED BY -._-----___�_ "4 i'• ----- _....-_,:_,Z
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Recorded at /:. o'clock `�' M. j�,
I1 li ..))Reception . 829'?4 AZNNN_..l$ Y1414: Recorder.
BOOK1',' C)1 PAGEt�rf4
THIS DEED, Made this zEnd day of May, in the year of
our Lord one thousand nine hundred and forty—s ix , between
The Great Western Sugar Company,
Hew Jersey
a corporation duly organized and existing under and by virtue of the laws of the State ofA elored& of the first
part,and
County of Weld, a body corporate and politic,
of the State of Colorado,
of She 'Osarsbrof rrd.Ctotori:Coioaada, of the second part,
WITNESSETH, That the said party of the first part, for and in consideration of the sum of One Dollar (f1.00) nos,Aas,
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these pres-
ents d thg re ise,release,sell, convey and QUIT CLAIM unto the said party of the second part, its
Pl eiWaand aligns forever, all the right, title, interest, claim and demand which the said party of the first part bath
in and to the following described real estate situate, lying and being in the
County of Weld and state of Colorado, to-wit:
That certain parcel of land in the Southwest quarter (SW-1) of
Section thirty-one (31 ) , Township seven (7) North, Range sixty-five
(65 ) West of the 6th P.M. , described as follows , to-wit :
Beginning at a point on the south line of said Section 31,
which said point is 3188 feet west of the Southeast corner of said
Section 31 ; thence north 15°15' west 2144 feet to a point; thence
south 52°35 ' east 25 feet to a point; thence south 15°15 ' east
2128.3 feet to a point on the south line of said Section 31; thence
west on the south line of said Section 31 for a distance of 15 .5
feet to the point of beginning; containing 0.7 acre, more or less .
• Subject to all reservations , exceptions , conditions , rights ,
rights of way and easements , if any, of record or presently existing
affecting the said premises hereby conveyed or any part thereof.
Hereby reserving unto said party of the first part, its
successors and assigns , such rights of way over, along or under said
premises hereby conveyed as the said party of the first part, its
successors or assigns , may from time to time desire for the construc-
tion, maintenance or operation of pipe lines and other and different
facilities in connection with the maintenance or operation of the
sugar factory of said party of the first part located on land
adjacent to the premises hereby conveyed.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging, or in anywise thereunto appertaining,and all the estate, right, title, interest and claim whatsoever, of the
said party of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party
of the second part, it Sr 12Iria assigns forever.
IN WITNESS'WHEREOF, The said party of the first part hath caused its corporate name to be hereunto
osubs ribed b its
919L =" President, and its corporate seal to be hereunto affixed, attested by its
e
cretary, a day and year first above written.
Attest: C
THE GREAT WESTERN SUGAR COMPANY.,
`" Agsi t t semAam or
President.
STATE OF COLORADO,
sa.
.Ci.ty...and County of....Denver... a
The foregoing instrument was acknowledged before me this Z y,,td . day of May,
1946 , by Frank A . Kemp as President and
J . G. Kisler as Assistant Secretary of
The Great Western Sugar Company, a corporation. •
My notarial commission expires /1 /)
y�lt ass my hand and official seal. AjCl,tZ d (d(/
Hly n, m;ss;on Expires October 271 i3 `�- a °�-
.yNROvem'A. PreRM
,,,IELIKA
-ptuyl Notary Public.
�Cr-teinVteA /N1
OEMEQAL GOONS
No. 108-B. QUIT CLAIM DEED.—Corporation Form—The Bradford-Robinson Ptg. Co.,Mfrs.Robinson's Legal Rlanke, Denver. / (y .�' tY r7
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QUIT ,CLAIM DEED
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q WELD COUNTY. COLORADO #
STATE OF COLA , `- •
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County of...L1-•.�Fs O�' • " }�
I Hereby certify that this instrtiment was filed c •
for record in my office this_.-_.__........ ......__.
.J N._19..1945._—, A. IA Ita.----_,day of •
14.3i o'c
-a lock-_� M., and duly record* 9
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in t°000k. 1 8`.1_..,• _....page.-----•- `.. C.
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BOARD OF COUNTY COMMISSIONERS
COPY
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THE GREAT WESTERN SUGAR COMPANY
Denver, Colorado, May 21, 19116
L
Mr. Frank A. Kemp, President
Denver, Colorado
Dear Sirs
Along the west aide of our factory grounds at Eaton
between the factory and the railroad right-of-way, there is a
roadway. This roadway is 27 feet wide, 15 feet of which is on
our property, and 12 feet on County property.
This road has been in use since the construction of
the factory and is used, particularly during campaign, for
very heavy beet traffic. The County Commissioners have offered
to oil this road, but before they can spend their money on it
they require that the road be deeded to the County.
I checked the layout on the ground, and personally
believe that to get the road oiled we would be justified in
deeding this genii strip of road to the County.
Correspondence regarding same and deed for your sig-
nature, if you so desire, is attached hereto.
>_ Very truly yours,
D. J. Roach
Vice President
DJE
Enclosures
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F.A.K.
1181n7
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