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lQQs 690 Rec. No.,.� 161,2135 W Ann Sooner. Record..
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' ISSUE RELINQUISHMENT AND QUIT CLAIM TO SURFACE
LOT TEN (10) AND THE NORTH HALF (Ni) OF. LOT ELEVEN (11) ,
I BLOCK ONE (1) , PHILPOTTS ADDITION, TOWN OF FORT LUPTON,
c� WELD COUNTY, COLORADO:
in WHEREAS, by deed February 8, 1946, recorded October 22, 1946, in
:--1 Book 1190, Page 318, Weld County Records, Weld County, Colorado, a portion of
cc�i which is described as follows:
Lot Ten (10) and the North Half CC of Lot Eleven (11) ,
th' Block One (1) , Philpotts Addition, Town of Fort Lupton,
�` Weld County, Colorado.
Said deed was made subject to reservation reading as follows:
cd
c, . . and reserving therefrom, to grantor, all oil, gas, and
other minerals therein or thereunder."
N-1 WHEREAS, the Board after careful investigation of the facts and
circumstance of the following described parcel of land declares that Weld County,
N Colorado, is willing to relinquish with respect to the land above describedd its
rc said right of entry upon the surface of said land.
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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 of 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:
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AYES:.7 ✓✓i ✓,e i/2
T OF CO COMMISSIONERS
WELD CO TY, COLORADO
DATED: APRIL 25, 1973
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-------------------Ann Soomer Record.,
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RELINQUISHMENT AND QUITCLAIM
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os 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.
April;tS, 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.
690
1612136
3-z
THIS DEED, Made this 25 day of April, 1973, between
WELD COUNTY, COLORADO, a municipal corporation, party of the
first part, and THE PERSON OR PERSONS AND/OR CORPORATION
OR CORPORATIONS 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, Wel.d County Records, Weld County, Colorado,
conveyed to said E. K. Menagh certain real estate in Weld County,
Colorado, a portion of which is described as follows:
Lot Ten (10) and the North Half (N-1) of Lot Eleven (11),
Block One (1), Philpotts 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 des-
cribed 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 other-
wise 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
eo°‘ 690 1612136
•j- 3
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.
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 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 subdivision 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 reservations contained in said deed dated February 8,
1946, and not relinquished hereunder shall continue in full force and
effect with respect to the land hereinabove described.
IN WITNESS WHEREOF, the said party of the first part has here-
unto set its hand and seals the day and year first above written.
WELD COUNTY, COLORADO
A MUNICIPAL CORPORATION
/ Glenn K. Billings
2V(aF.C.e � (2iiri
Harm . Ashley//
�G4-oy �,�qls e r
STATE OF COLORADO, )
) ss.
COUNTY OF WELD, )
The foregoing instrument was acknowledged before me this _25- -
day of �ppy�'/ , 1973, by Glenn K. Billings, Harry S. Ashley
and Roy Moeer, Board of County Commissioners of Weld County,
Colorado.
Witness my hand and official seal.
!, ;My commission expires: /- 6-- 7.4,
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