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RESOLUTION
WHEREAS, the County of Weld, State of Colorado, has been requested
to Relinquish and Quitclaim its surface rights to the present Owners of the sur-
face of the following described property, to -wit:
Lot 19, Block 5, First Filing Arrowhead, being
a subdivision of a part of the North Half (NI) of
Section 27, Township 5 North, Range 66 West of
the 6th P. M. , Weld County, Colorado, accord-
ing to the recorded map or plat thereof, and
WHEREAS, Weld County has acquired certain rights to said surface by
virtue of its gas and mineral reservation as contained in deed dated December 9,
1943, Recorded January 3, 1944, in Book 1124, Page 214, Weld County Records,
and
WHEREAS, it has come to the attention of the Board that the Owners of
the hereinabove described property cannot obtain a loan without a release from
Weld County of the surface rights, and
WHEREAS, the Board believes it to be in the best interest of the County
to Relinquish and Quitclaim its rights to the surface of the said land.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Com-
missioners, Weld County, Colorado, that said Relinquishment and Quitclaim
from Weld County, Colorado to the present Owner or Owners of the land, copy
of which is attached hereto and made a part hereof by reference, be, and it
hereby is approved.
BE IT FURTHER RESOLVED, that the Board be and it hereby is auth-
orized to execute the Relinquishment and Quitclaim as submitted.
The above and foregoing Resolution was, on motion duly made and sec-
onded, adopted by the following vote on the 30th day of April, 1969.
AYES:
ATTEST:
Cj,erke
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APPROVRTI AS TO FORM:
County Attorney
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oard of County Commissioners
Weld County, Colorado
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690339
p RoOal
RELINQUISHMENT AND QUITCLAIM
from
WELD COUNTY, COLORADO
TO
THE OWNER OR OWNERS
of the Surface of Land in
Weld County, Colorado
of Right Reserved to Enter
Upon Surface of Said Land
Dated Apri1 30 , 1969
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THIS DEED, Made this30th day of April , 1969,
by and between WELD•COUNTY, COLORADO, a Municipal corporation, party
of the first part, and OWNER OR OWNERS of the surface of the land described
in the Recitals herein, party of the second part, WITNESSETH:
RECITALS
By deed dated December 9, 1943, recorded January 3, 1944, in Book
1124, page 214, Weld County Records, Weld County, Colorado conveyed to
J. J. Stroh certain real estate in Weld County, Colorado, a portion of which
is described as follows:
Lot 19, Block 5, First Filing Arrowhead, being a sub-
division of a part of the North Half (NZ) of Section 27,
Township 5 North, Range 66 West of the 6th P. M. , Weld
County, Colorado, according to the recorded map or plat
thereof.
Said deed was made subject to exceptions and reservations reading as
follows:
"AND RESERVING THEREFROM, to Grantor, the oil, gas or other
minerals therein. "
The present owners of the surface of the land hereinabove described
contemplate using said land or causing it to be used for residential purposes
and desire that Weld County relinquish its right to enter upon and use the sur-
face of said land pursuant to the rights reserved under the aforesaid exceptions
and reservations. Weld County, Colorado, is willing to relinquish, with re-
spect to the land above described, its said right of entry upon the surface of
said land, upon the understanding, however, that Weld County's title to said
oil, gas and other minerals shall in no way be affected, and that Weld County
and any lessee or licensee of Weld County shall have the right to remove such
oil, gas or other minerals from the aforesaid land by slant drilling, subter-
anean entries, by means of operations conducted on the surface of other lands
or otherwise by any means or methods suitable to Weld County, its successors
and assigns, but without entering upon or using the surface of the above des-
cribed land.
RELINQUISHMENT AND QUITCLAIM
NOW THEREFORE, Weld County, for and in consideration of the sum
of Twenty-five Dollars to it paid, the receipt of which is hereby acknowledged,
has RELINQUISHED and forever QUITCLAIMED, and, by these presents, does
RELINQUISH and forever QUITCLAIM unto THE OWNER OR OWNERS of the
surface of the land described in the Recitals hereof, his, her, its, or their
grantees, heirs, successors and assigns, with respect to said land described
in said Recitals, the right to enter upon the surface of said land byvirtue of
the exceptions and reservations contained in said deed dated December 9, 1943,
recorded January 3, 1944, in Book 1124, page 214, Weld County Records, and
hereinabove quoted in said Recitals, it being the intent hereof to relinquish only
the right to enter upon the surface of said land, and to leave in full force and
effect all other rights reserved to Weld County in said deed, it being expressly
understood that Weld County's title to said oil, gas and other minerals shall
in no way be affected, and that Weld County and any lessee or licensee of said
Weld County shall have the right to remove such oil, gas or other minerals
from the aforesaid land by slant drilling, subterranean entries, by means of
operations conducted on the surface of other lands or otherwise by any means
or methods suitable to Weld County, its successors and assigns, but without
entering upon or using the surface of the above described land, and in such
manner as not to damage the surface of said land or to interfere with the use
thereof by said Owner or Owners, his, her, its, or their grantees, heirs,
successors or assigns..
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It is the intention hereof that, in the event the surface of the land affected
by this relinquishment is separately owned by lot, parcel or subdivision, the in-
terest herein relinquished to any grantee shall be limited to the particular lot,
parcel or subdivision of which such grantee is the surface owner, and such in-
terest shall not extend to any other lot, parcel or subdivision thereof.
This relinquishment and quitclaim is made subject to the specific under-
standing that all of the terms, conditions, provisions, exceptions and reservations
contained in said deed dated December 9, 1943, recorded January 3, 1944, in
Book 1124, page 214, Weld County Records, shall continue in full force and
effect with respect to all lands conveyed thereby and not covered by this relinquish-
ment and quitclaim and it is further specifically understood that all the terms,
conditions, provisions, exceptions and reservations contained in said deed dated
December 9, 1943, recorded January 3, 1944, in Book 1124, page 214, Weld
County Records, and not relinquished hereunder shall continue in full force and
effect with respect to the land hereinabove described.
IN WITNESS WHEREOF, the County of Weld, State of Colorado, acting
through the Board of County Commissioners of the County of Weld, State of
Colorado, has caused these presents to be designed the day and year first herein
written.
THE COUNTY OF WELD AND STATE OF COLORADO
ate ( d�-1:;-7v
Board of County Commissioners
STATE OF COLORADO)
COUNTY OF WELD ) as.
The foregoing instrument was acknowledged before me this 30ttlay of
April, A.D. 1969, by MARSHALL H. ANDERSON, GLENN K. BILLINGS,
and HAROLD W. ANDERSON, and each of them, as the Board of County
Commissioners of the County of Weld and State of Colorado.
WITNESS my hand and official seal.
My commission expires
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