HomeMy WebLinkAbout730737 � C�N EXEC
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696 Recorded amscaL o'clock M JUL 20 1973
Rem No 161'7'74_9 Ann Spomer, Recorder
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ISSUE RELINQUISHMENT AND QUIT CLAIM TO SURFACE
LOTS 15 & 16 BLOCK 1 , PHIPOTT ADDITION, FORT LUPTON
WELD COUNTY, COLORADO:
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▪-i WHEREAS, by deed dated February 8, 1946, recorded October 22,
ca• t1946, in Book 1190 Page 318, Weld County Records, Weld County, Colorado,
a portion of which is described as follows:
in
v "Lots 15 and 16, Block 1 , Philpott Addition, Town
of Fort Lupton, Weld County, Colorado.
0
Said deed was made subject to reservation reading
as follows:
c5 ". . . . and reserving therefrom, to grantor, all oil ,
O., gas and other minerals therein or thereunder. "
_J
WHEREAS, the Board after careful investigation of the facts
and circumstance of the following described parcel of land declares
that Weld County, Colorado, is willing to relinquish with respect to
the land above described, its said right of entry upon the surface
of said land.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, that the Board does hereby sign
a Relinquishment and Quit Claim unto the Owner or Owners of the surface
of the land as recited.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote:
` /`
AYES
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THE B ARO TY COMMISSIONERS
WELD COUN1TY, COLORADO
DATED: JULY 20, 1973
M639: TAPE 73-51
730737
PR0O 21
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696
Recorded at��o clock_ At, JUL 2 01973
Rec. No._._.,,161 5Q —_... Ann $0omer. Recorder
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` RELINQUISHMENT AND QUITCLAIM
P
o from
WELD COUNTY, COLORADO, A MUNICIPAL CORPORATION
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THE PERSON OR PERSONS AND OR CORPOR-
ATION OR CORPORATIONS TRACING HIS, HER,
THEIR OR ITS TITLE FROM E. K. MENAGH,
OF WELD COUNTY, STATE OF COLORADO.
July 20th 1973
•
Releasing, with :respect to certain land in Weld
County, Colorado, right to enter upon surface
of said land under certain reservations in prior
deed from Weld County, Colorado a Municipal
Corporation, to said E. K. Menagh.
BOOK
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696
1617750
2,
THIS DEED, Made this 20th day of July , 1973, between
WELD COUNTY, COLORADO, a municipal corporation, party of the first
part, and THE PERSON OR PERSONS AND/OR CORPORATION OR CORPOR-
ATIONS TRACING HIS, HER, THEIR OR ITS TITLE FROM E. K. MENAGH,
of the County of Weld, State of Colorado, (hereinafter called "Grantee"),
party of the second part, WITNESSETH:
RECITALS
By deed dated February 8, 1946, recorded October 22, 1946, in
Book 1190, Page 318, Weld County Records, Weld County, Colorado, con-
veyed to said E. K. Menagh certain real estate in Weld County, Colorado,
a portion of which is described as follows:
Lots 15 and 16, Bloch: 1, Philpott Addition, Town of
Fort Lupton, Weld County, Colorado.
Said deed was made subject to reservation reading as follows:
". . . and reserving therefrom, to grantor, all oil,
gas and other minerals therein or thereunder. "
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
surface of said land pursuant to the rights reserved under the aforesaid
exceptions and reservations. Weld County is willing to relinquish, with
respect 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 and 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.
RELINQUISHMENT AND QUITCLAIM
NOW, THEREFORE, Weld County, for and in consideration of the
sum of Ten and no/100ths Dollars ($10. 00) 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 by virtue of the exceptions and reservations contained
in said deed dated February 8, 1946, 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
BOOK
698 • 161'x'750
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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.
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 sub-
division, the interest 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 interest shall not extend to any other lot, parcel or sub-
division thereof.
This relinquishment and quitclaim is made subject to the specific
understanding that all of the terms, conditions, provisions, exceptions and
reservations contained in said deed dated February 8, 1946, shall continue
in full force and effect with respect to all lands conveyed thereby and not
covered by this relinquishment and quitclaim and it is further specifically
understood that all the terms, conditions, provisions, exceptions and res-
ervations contained in said deed dated February 8, 1946, and not relinquished
hereunder shall continue in fui.1 force and effect with respect to the land here-
inabove described.
IN WITNESS WHEREOF, the said party of the first part has hereunto
set its hand and seals the day and year first above written.
WELD COUNTY, COLORADO
A MUNI L CORPORATION
s
BY ,/2l/ / j !7 e Art
lenn K. Billings
Harry S. Ashley (absent)
oy ser
STATE OF COLORADO, )
) ss.
COUNTY OF WELD, )
The foregoing instrument was acknowledged before me this 20th
day of July , A. D. , 1973, by Glenn K. Billings, Harry-&.--Ashley
and Roy Moser, Board of County Commissioners of Weld County, Colorado.
Witness my hand and official seal.
`.�etN•'S"•'j(r{�NLy commission expires: My Commission expires Jan. 26, 1976
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••.•• kN: Notary Public
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