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HomeMy WebLinkAbout650200.tiffTO SIGN SUBORDINATION AGREEMENT TRACT NO. FN -301E; FRANCIS E. WARREN AFB: BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that in consideration of One($1.00) Dollar and other valuable consideration; the sufficiency of which is hereby acknowledged, the undersigned for itself and assigns hereby consents and agrees to the subordination of the oil, gas and other minerals in and under Tract No. FN -301E, more particularly described as follows; All that portion of the E- -SE+ of Section 25, Township 9 N., Range 57 West of the 6th P. M., Weld County, Colorado, lying within an arc having a radius of 1200.00 feet, the radial point of which being more particularly located as follows: Commencing at the SW corner of Section 30, Township 9 N., Range 56 W; thence N 61°43'07" E for a distance of 424.63'; thence N for a distance of 100.00'; thence E for a distance of 80.00' to said radial point, excepting therefrom all that portion of the existing State Highway 21 right-of-way; to the right of the United States to prohibit human habitation; the right to remove buildings presently or hereafter being used for human habitation; the right to pro- hibit entry on said land except by the owner, his employees, agents, and lessees; the right to prohibit the use of firearms and explosives; the right to limit the use of said land to agricultural and grazing purposes and for the exploration, production and removal of oil, gas and other mineral operations for as long as the restrictive easement estate heretofore acquired by the United States from the surface owner remains in effect (furthermore, any proposed mining activity within the limits of said land, whether tunnel or open pit type, must have approval of the Air Force Officer in Charge); the right to post signs on said land indicating the nature and extent of the Government's control in such manner as not to interfere with agricultural grazing, and mining operations; and the right of ingress and egress over and across said land for the purposes of exercising the rights set forth herein; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines; provided that if and when the United States of America and its assigns cease to use said land for a period of one year, then and in that event, all interests hereby conveyed shall terminate. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: DATED: SEPTEMBER 8, 1965 APPROVED: County Attorney AYES: 4/ THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 650200 US;.F FR-ANGIS ,. v;fl F:T,: AFB IF F _CILITY TUBOFDI!,TIOiN ;.GB ErtTI T TRACT NO. FN -301E 4HFREIS, the UNITED STATES OF AMERICA is in the process of .cquirinp certain easement interests in certain land, designated TractFN-301E consisting of 17.40acres, more or less, situ,t.d in the County of Weld , State of County , described as follows: Fh-301E Permanent Restrictive Easement All that portion of the EEL of Section 25, Township 9 North, Range 57 West of the Sixth.Principal Meridian, weld County, Colorado, lying within an arc having a radius of 12(n'.00 feet, the radial point of which being more r particularly located as follows: Commencing at the Southwest corner of Range 54 West; thence North 61°42'07" East thence North for a distance of 1UC.00 feet; 80.00 feet to said radial point, excepting existing State Highway 21 right of way. The tract of land herein described contains 17.40 acres, more or less. Section 30, Township 9 North, for a distance of 424.63 feet; thence East for.a distance of therefrom all that portion of the WHEREAS, the undersigned owns and holds tn, followini mineral rights and interests in said land: Weld County, Colorado WHEREAS, the construction, operation, maintenance, development and protection of the above -mentioned project by the Government require certiip limitations upon the exercise of the above described mineral rights and int rests in Raid land b:, the undersigned. 1 NOW, THEREFORE, in consideration of One ("1.0C) Dollar and other valuable consideration; the sufficiency of which is hereby acknowledged, the undersigned for itself and assigns hereby consents and agrees to the subordination of the oil, gas and other minerals in and under Tract No , FN-3G1E to the right of the United States to prohibit human habitation; the right to remove buildings presently or hereafter being used for human habitation; the right to prohibit entry on said land except by the owner his employees, agents, and lessees; the right to prohibit the use of firearms and explosives; the right to limit the use of said land to agricultural and grazing purposes and for the exploration, production and removal of oil, gas and other mineral operations for as long as the restrictive easement estate heretofore acquired by the United States from the surface owner remains in effect (furthermore, any proposed mining activity within the limits of said land, whether tunnel or open pit type, must have approval of the Air Force Officer in Charge); the right to post signs on said land indicating the nature and extent of the Government's control in such manner as not to interfere with agricultural, grazing, and mining operations; and the right of ingress and egress over and across said land for the purpose of exercising the rights set forth herein; subject, however, to existing easements for public roads and highways, public utilities, rail- roads and pipelines; provided that if and when the United States of America and its assigns cease to use said land for a period of one year, then and in that event, all interests hereby conveyed shall terminate. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this 8th day of September , 1965 APPROVED: /G.fr�.e r t.4-Pegave‘2,-- County Attorney lmer L. Shult ' airman THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Individual Acknowledgement - Colorado STATE OF COLORADO ) ) ss. COUNTY OF WELD I, , Notary Public in and for said Weld County, in the State aforesaid, do hereby certify that Elmer L. Shultz and Edward L. Dunbar who are personally known to me to be the person «chose names are subscribed to the foregoing deed, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and deed, for the uses and purposes therein set forth. Given under my hand and seal, this 8th day of September A. D., 1965 Sot. ; ULI My commission expires. CORPS OF ENGINEERS, U. S. ARMY CHEYENNE REAL ESTATE P%)JECT OFFICE P. U. BOX 1223 CHEYENNE, WYOMING 26 August 1965 Board of County Commissioners Weld County Court House Greeley, Colorado SUBJECT: Tract No. FN -301E F. E. Warren AFB, AF Facility Dear Sirs: The United States Government has obtained a Permanent Restrictive Easement on all that portion of the 45E* of Section 25, Township 9 North, Range 57 West of the Sixth Principal Meridian, Weld County, Colorado, as described in the inclosed Subordination Agreement. Mr. Scott Wolever is the owner of the above mentioned land, and according to the County Records, you have a mineral interest on the same. Will you please complete the inclosed Subordination Agreement, have your signatures acknowledged before a notary public, and return it to us at your earliest convenience in the inclosed envelope. You may retain the copy for your files. Thank you for your cooperation. Sincerely yours, 2 Inc l 1. Sub Agree (dup) 2. Envelope OSEFH'I-I. COOKE, JR. Project Manager Cheyenne Real Estate Project Office FRANCIS E. WARREN AFB AF FACILITY SUBORDINATION AGREEMENT TRACT NO. FE-8O3E WHEREAS, the UNITED STATES OF AMERICA is in the process of acquiring certain easement interests in certain land, designated Tract No, F-8:. consisting of 4.46 acres, more or less, situated in the County of Weld , State of Colorado , described as follows: FE -803E Permanent Restrictive Easement All that portion of Lot 4 of Section 23, Township 12 North, Rah.: c ( West of the Sixth Principal Meridian, Weld County, Colorado, lyinz hit! I, an arc having a radius of 1200.00 feet, the radial point of which being more particularly located as follows: Commencing at the Southwest corner of Section li,, Township 12 A;;.; t Range 60 West of the Sixth Principal Meridian, Laramie County, dyomii. thence North 2.4001'11" East for a distance of 695.44 feet; thence Ncct!. for a distance of 107.00 feet; thence East for a distance of 75.00 f:€. 'O said radial point. The tract of land herein described contains L.46 acres, more or _ WHEREAS, the undersigned owns and holds the following mineral rights and interests in said land: All subsurface ownership in Weld County, Colorado WHEREAS, the construction; operation, maintenance, development and protection of the above -mentioned project by the Government require certain limitations upon the exercise of the above described mineral rights and interests in said land by the undersigned. 3. NOW, THEREFORE, in consideration of One ($1.00) Dollar and other valuable consideration; the sufficiency of which is hereby acknn„pledged, the undersigned for its assigns hereby consents and agrees to the subordination of the oil, gas and other minerals in and under Tract No . FE-8O3E to the right of the United States to prohibit human habitation; the right to remove buildings presently or hereafter being used for human habitation; the right to prohibit entry on said land except by the owner, its employees, agents, and lessees; the right to prohibit the use of firearms and explosives; the right to limit the use of said land to agricultural and grazing purposes and for the exploration, production and removal of oil, gas and other mineral operations for as long as the restrictive easement estate heretofore acquired by the United States from the surface owner remains in effect (furthermore, any proposed mining activity within the limits of said land, whether tunnel or open pit type, must have approval of the Air Force Officer in Charge); the right to post signs on said land indicating the nature and extent of the Governmentts control in such manner as not to interfere with agricultural, grazing, and mining operations; and the right of ingress and egress over and across said land for the purpose of exercising the rights set forth herein; subject, however, to existing easements for public roads and highways, public utilities, rail— roads and pipelines; provided that if and when the United States of America and its assigns cease to use said land for a period of one year, then and in that event, all interests hereby conveyed shall terminate. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this 10th day of June Commissioner 1964. BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO Commissioner 2 MB 32: State of Colorado ) County of Weld ) On this 10th day of June, in the year 1964, before me, the undersign -d, a Notary Public, personally appeared Elmer L. Shultz, Tom V. Reed and Millard H. Ewing, being the Board of County Commissioners of Weld County, Colorado, (known to me) to be the identical persons described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the purpose and consideration therein expressed. IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my notaial seal the day and year first written. My commission expires I1y GOMErliSSIOrl expires December 26, 1964 --Notary Public, residing at Greeley, Colorado CORPS OF ENGINEERS, U. S. ARMY SPECIAL PROJECTS FIELD OFFICE P. C. BOX 1223 CHF'YFNNE:, +TTDMING 1 June 1964 Board of County Commissioners Feld County Greeley, Colorado Gentlemen: SUBJECT: Tract No. FF-803E F. E. barren AFB, AF Facility The United States Government is obtaining a Permanent Restrictive Easement on all that portion of Lot 4 of Section 23, Township 12 North, Fange 6C West of the Sixth Principal Meridian, Weld County, Colorado, as described in the inclosed Subordination ,Agreement. Er. Howard W. Fidler is the owner of the above -mentioned land, and according to the County Records, you have an interest in the mineral rights on the same. Will you please have the authorized commissioners of your County execute the inclosed Subordination Agreement, have their signatures acknowledged before a notary public and return it to us at your earliest convenience in the inclosed envelope? You may retain the carbon copy for your files. Thank you for your cooperation. 2 Incl 1. Sub Agree (dup) 2. Envelope Sincerely yours, J AMF3 F. S v:WFLL Chief, Field Office Section Special Projects Branch WELD CO. COMMISSIONFRS GREELEY. cr't REcr' JUN .3 1964 Hello