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HomeMy WebLinkAbout710562.tiff RELEASE AND QUITCLAIM from WELD COUNTY, COLORADO, A MUNICIPAL CORPORATION to THE PERSON OR PERSONS AND OR CORPORATION OR CORPORATIONS TRACING HIS, HER, THEIR OR ITS TITLE FROM ARTHUR R. ARMES and HENRY CLAY ARMES, OF THE COUNTY OF WELD, STATE OF COLORADO. Dated SEPTEMBER 29, 1971 Releasing, with respect to certain parcels of land in Weld County, Colorado, right to enter upon surface of said parcels under certain res- ervations in prior deed from Weld County, Colorado, a municipal corporation, to said Arthur R. Armes and Henry Clay Armes . 710562 egooa 1 'mss 0Th THIS DEED, Made this 0.194‘ day of September, 1971, 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 ARTHUR R. ARMES and HENRY CLAY ARMES, of the County of Weld, State of Colorado (hereinafter called "Grantee") , party of the second part, WITNESSETH: RECITALS By deed dated September 30, 1947 , recorded October 1, 1947 , in Book 1212 , Page 329, Weld County records , WELD COUNTY, COLORADO, conveyed to Arthur R. Armes and Henry Clay Armes certain real estate situate in the County of Weld, State of Colorado, and described as follows : A strip of land 100 feet in width, being 50 feet wide on each side of the center line of The Denver, Laramie and Northwestern Railway as now located, surveyed and staked out, over and across Lots 1, 2 and 8 of the SW4 of the SE4, and the SE4 of the SE4, and lots 1, 2 , 5 , 6, 7 and 8 of the NEQ of the SE4 of 19-5-65 West of the 6th P.M. , said center line being more fully described as follows : Beginning at a point on the West line of said Lot 8 of the SW4 of the SE4, 207 feet more or less South of the Northwest corner thereof; thence North 50° 13 ' East 1424. 7 feet; thence Northeast- erly on a curve to the left with a radius of 3820 feet, 1327.3 feet to a point on the East line of said Lot 1 of the NEQ of the SE4, 249 feet South of the Northeast corner thereof, a total distance of 2752 feet, said strip of land containing 6.31 acres , more or less . Said deed was made subject to the following exceptions and reservations : "And reserving therefrom, to grantor, all oil, gas and other minerals therein or thereunder The present owner of said land contemplates using or causing said land to be used for residential purposes and desires that Weld County relinquish its right to enter upon the surface of the above described property and to use the surface thereof pursuant to the rights reserved under the aforesaid reservation. Weld County is willing to relinquish, with respect to the real estate above described, its said right of entry upon the surface of said land, retaining and preserving, however, the exclusive and perpetual right to explore for, remove and dispose of, other minerals 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 Grantee, his , her, their or its grantees , heirs , successors or assigns . , RELEASE AND QUITCLAIM NOW, THEREFORE, the said Weld County, Colorado, for and in consideration of the premises and of Twenty-five Dollars ($25. 00) in hand paid, the receipt whereof is hereby acknowledged, does hereby REMISE, RELEASE AND QUITCLAIM unto the said Grantee and to his, her, their or its grantees, heirs, successors and assigns forever, with respect to the land described in the Recitals hereof, the reservation contained in said deed dated September 30, 1947, of the right to enter upon the surface of the land thereby conveyed in connection with the exception and reservation in said deed of minerals and mineral rights, it being the intent hereof to release 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, and to retain and preserve to Weld County the exclusive and perpetual right to prospect for and to remove and to dispose of other minerals excepted from the conveyance made by said deed dated September 30, 1947, by any means or methods suitable to Weld County, its successors and assigns, but without enter- ing 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 Grantee, his, her, their or its grantees, heirs, successors or assigns. This release 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 September 30, 1947, shall continue in full force and effect with respect to all lands conveyed thereby and not covered by this release and quitclaim and it is further specific- ally understood that all the terms, conditions, provisions, exceptions and reservations contained in said deed dated September 30, 1947, and not released 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 seal the day and year first above written. WELD COUNTY, COLORADO A MUNICIPAL CORPORATION Marshall H. Anderson Chairman �l Glenn K. Billings / - i/,,,c //.4 (- 6 Cz Harry6S. Ashley STATE OF COLORADO, ) ss. COUNTY OF WELD, The foregoing instrument was acknowledged before me this 29th day of September, 1971, by Marshall H. Anderson, Glenn K. Billings and Harry S. Ashley, Board of County Commissioners, Weld County, Colorado. WITNESS my hand and official seal. My commission expires: "° Commi;,:Yov! ;so- ;ii-p, i'�, ", /7 Notary Public -2- Hello