HomeMy WebLinkAbout740509.tiff 720 Recorded at -t_ ac,a JUL 8 0 1974
Rec. No. .." l S. Lea Shehee, Jr., Recorder
RELINQUISHMENT AND QUITCLAIM
0
from
('1 WELD COUNTY, COLORADO, A MUNICIPAL CORPORATION
.-a
Lill
KI
1-1
0
CI:
CD
M
to
THE PERSON OR PERSONS AND OR COR-
PORATION OR CORPORATIONS TRACING
HIS, HER, THEIR OR ITS TITLE FROM
GEORGE W. CASE, OF WELD COUNTY,
STATE OF COLORADO.
July 24, 1974
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 George W. Case.
740509
P • ✓ % rW I of t':// 1:5# "(4,. .1, 0 f Roo a
g° 720 1641621
3 z
THIS DEED, Made this 24th day of July, 1974, 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 GEORGE W. CASE' of the County of Weld, State of Colorado,
(hereinafter called "Grantee"), party of the second part, WITNESSETH:
RECITALS
By deed recorded June 5, 1944, in Book 1135, Page 80, and
by deed recorded May 15, 1945, in Book 1154, Page 437, Weld County
Records, Weld County, Colorado, conveyed to said George W. Case
certain real estate in Weld County, Colorado a portion of which is
described as follows:
Lots Twenty-Nine (29) through Thirty-Two
(32) inclusive, in Block Sixty-Four (64),
and lots One (1) and Two (2) in Block Sixty-
Three (63), all in the Town of Milliken,
County of Weld, State of Colorado.
Said deeds were made subject to reservations 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 resi-
dential purposes and desire that Weld County relinquish its right to
enter upon the use the surface of said land pursuant to the rights re-
served 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 under-
standing, 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/100s 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 for-
ever 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 exemptions and reservations contained in
said deeds recorded June 5, 1944, and May 15, 1945 respectively,
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
a '720
• 1641621
�- 3
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 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 deeds recorded June 5, 1944, and
May 15, 1945 respectively shall continue in full force and effect with re-
spect 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 deeds recorded June 5, 1944 and May 15, 1945 respectively, 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 here
hereunto set its hand and seals the day and year first above written.
WELD COUNTY, COLORADO
A MUNIC PEA, L CORPORATION
Q �
By / a.O s, /� 1 ,�-+�k,-�
Harty S. Ashley
rJ �' t✓f � lfgj�
Glenn K. Billings
R6 s re A
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 24th
day of July, 1974, be Harry S. Ashley, Glenn K. Billings and Roy Moser,
Board of County C mmissioners of Weld County, Colorado.
Witness my hand and official seal.
My commission expires: M7 Commission expires Jae.26, 1976
t '• TAO A fly ' Notary
c
-2-
O �p7�
mi•
r3 I
Uri F.• f o
Co
w
Isi 1tW1t;
, ii i
i.
GD S <�'•• Z < m -+.'l
I
n n
MILLER, RUYLE, STEINMARK AND SHADE
ATTORNEYS AND COUNSELORS AT LAW
S q
TEL 303-352-9467
DAVID J MILLER COUNTY pF WE.`p �' 1 004A NINTH AVENUE
WALKER D. MILLER
ILLIAM E. SHADE aft p^1ih the Clerk of the @ P. O. BOX 1424
ALVIN L. STEINMARK
Y p°mmi55f°nppS °Oro GREELEY, COLORADO 80631
GLEN DROEGEMUELLER JUL . 'O�A
J Y June 28, 1974
@y COUNTY Clam AND REDO
RORR
Board of County Commissioners
Services Building
Greeley, Colorado 80631
Gentlemen:
I represent Marselino and Anita Aragon who are the owners of
certain lots in Milliken, Colorado. Some of these lots, namely,
Lots 29 - 32, Block 64 and Lots 1 and 2, Block 63 , in the Town
of Milliken are subject to a mineral reservation for the benefit
of Weld County. Mr. and Mrs. Aragon are desirous of participating
in the development of this land for low cost housing. The potential
lender on the project, FHA, is requiring that there be an agree-
ment that no interference will be made of the surface by reason of
the mineral reservations.
Accordingly, I have enclosed a draft agreement that attempts to
eliminate the threat that there would be any interference or dis-
turbance of the surface rights so as to impair the ability to develop
the ground for low cost housing.
By copy of this letter I am informing Mr. Telep of our request . I
would urge that this matter be considered as promptly as possible.
I do not feel that the County would be damaging itself by agreeing
not to disturb the surface. On the other hand, it may very well en-
able Mr . Aragon to develop housing needed in the community.
If there are any difficulties please advise me.
Ve y ruly yours,
alker Miller
WM: kn
cc : Mr . Sam Telep, County Attorney
Mr . Ed Aragon
Mr. Ray Finney
mg
c26/a +
AGREEMENT NOT TO DISTURB
THIS AGREEMENT, made and entered into this day of
1974, by and between Weld County, a political subdivision of the
State of Colorado , by the Board of County Commissioners, herein-
after referred to as "Weld County" , and Marselino Aragon and Anita
L. Aragon, hereinafter jointly referred to as "Aragon" , WITNESSETH:
WHEREAS, by reservations contained in Deeds recorded in Book
1135 at Page 80, and in Book 1154 at Page 437 , both of the Weld
County Records, Weld County did reserve all oil , gas and other min-
erals in and under Lots 29 - 32 , Block 64, and Lots 1 and 2 , Block
63, both in the Town of Milliken, County of Weld, and State of
Colorado; and
WHEREAS, Aragon became the owners of said Lots , together with
other property, by virtue of Deed recorded in Book 684 under Recep-
tion No . 1605966 of the Weld County Records; and
WHEREAS, Aragon is desirous of developing or having developed
said premises for residential purposes and it is necessary that
Weld County agree not to interfere or disturb the surface of said
Lots by reason of said mineral reservation so that construction there-
on can take place without fear of interference or disturbance and
monies can be borrowed thereon for purposes of construction ; and
WHEREAS, Weld County is willing to agree to not disturb or
interfere the surface rights on said property but wishes to reserve
the rights to minerals should they be developed by means of structures
located on other properties.
NOW, THEREFORE, for and in good and sufficient consideration,
including the mutual covenants herein contained, the parties mutually
agree as follows :
1 . Weld County agrees with Aragon, their heirs, assigns,
successors in interest and legal representatives, that it shall not
disturb or interfere with the surface of Lots 29 - 32, Block 64, and
Lots 1 and 2 , Block 63, both in the Town of Milliken, Weld County,
Colorado, by reason of the reservations contained in Book 1135 at
Page 80 and Book 1154 at Page 437, both of the Weld County Records,
for its benefit .
2. This agreement is to insure that no disturbance
or interference with said surface will be permitted by reason of
said reservation so as to allow Aragon, their heirs and assigns, to
construct improvements thereon and obtain financing for said improve-
ments without fear of interference or disturbance by reason of said
mineral reservations.
Dated this day of , 1974.
WELD COUNTY, POLITICAL SUBDIVISION
OF THE STATE OF COLORADO, BY THE
BOARD OF COUNTY COMMISSIONERS
By
By
By
STATE OF COLORADO)
)SS
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
day of , 1974, by Glenn K. Billings , Harry S.
Ashley , and Roy Mosher
Notary Public
STATE OF COLORADO)
)SS
COUNTY OF WELD
The foregoing instrument was acknowledged before me this
day of , 1974, by Marselino Aragon and Anita L. Aragon.
Notary Public
-2-
Hello