HomeMy WebLinkAbout710471.tiff SIGN RELINQUISHMENT AND QUIT CLAIM
PORTION NEk: of SECTION 35, TOWNSHIP 5 NORTH
RANGE 66 WEST OF THE 6TH P. M. WELD COUNTY:
BE IT RESOLVED, by the Board of County Commissioners of Weld County,
Colorado that they do and hereby sign said relinquishment and quit claim deed
for said parcel of land as described in the attached instrument and made a part
of this resolution.
BE IT FURTHER RESOLVED, that said relinquishment and quit claim deed
is subject to the reservations reading as follows, "... and reserving therefrom,
to grantor, all oil, gas and other minerals therein or thereunder." 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 said described lands.
A parcel of land located in the NE4 of Section 35 and the
SE4 of Section 26, all in Township 5 North, Range 66 West
of the 6th P. M., Weld County, Colorado, said parcel being
a part of the tract of land recorded in Book 507, Reception
No. 1428760 of the Records of Weld County, Colorado, being
more particularly described as follows:
Commencing at the NE Corner of said Section 35, and considering
the North Line of the Northeast Quarter of said Section 35 to bear
North 89° 49' 20" West and with all bearings contained herein being
relative thereto:
Thence North 89° 49' 20" West, along said North line 73.05 feet
to the Southeasterly Right-of-Way line of the abandoned Denver,
Laramie and Northwestern Railroad; Thence South 72° 19' 00" West
along said Southeasterly Right-of-Way line, 546.70 feet to the
True Point of beginning; Thence continuing South 72° 19' 00" West,
along said Southeasterly Right-of-Way Line 146.70 feet; Thence
North 04° 09' 18" West, 285.53 feet; Thence North 88° 57' 00" East,
144.25 feet; Thence South 03° 49' 24" East, 243.40 feet to the True
Point of Beginning.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote:
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THE CARD 0V COUNTY COMMISSIONERS
DATED: April 21, 1971 WELD COUNTY, COLORADO
MB 37: a/3
710471
?R0O L I
RELINQUISHMENT AND QUITCLAIM
from
WELD COUNTY, COLORADO, A MUNICIPAL CORPORATION
to
THE PERSON OR PERSONS AND OR CORPOR-
ATION OR CORPORATIONS TRACING HIS, HER,
THEIR OR ITS TITLE FROM P. H. FERCH, OF
THE COUNTY OF WELD, STATE OF COLORADO.
April21, 1971
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 P. lI. Ferch.
* original to Mr. Telep
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THIS DEED, Made this 21st day of April , 1971,
between WELD COUNTY, COLORADO, a municipal corporation, party
of the first part, and THE PERSON OR PERSONS AND/OR CORPOR-
ATION OR CORPORATIONS TRACING HIS, HER, THEIR OR ITS
TITLE FROM P, II. FERCII, 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 September 30, 1947,
in Book 1212, Page 331, Weld County Records, Weld County, Colorado,
conveyed to said P. H. Ferch certain real estate situate in the County of
Weld, State of Colorado, and described as follows:
A parcel of land located in the Northeast Quarter (NE/4)
of Section 35 and the Southeast Quarter (SE/4) of Section
26, all in Township 5 North, Range 66 West of the Sixth
Principal Meridian, Weld County, Colorado said parcel
being a part of the tract of land recorded in Book 507,
Reception No. 1428760 of the records of Weld County,
Colorado and being more particularly described as
follows:
Commencing at the Northeast Corner (NE Cor) of said
Section 35, and considering the North Line of the North-
, east Quarter (NE/4) of said Section 35 to bear North
89° 49' 20" West and with all bearings contained herein
being relative thereto:
Thence North 89° 49' 20" West, along said North Line
73. 05 feet to the Southeasterly Right-of-Way Line of
the abandoned Denver, Laramie and Northwestern
Railroad;
Thence South 72° 19' 00" West, along said Southeasterly
Right-of-Way Line, 546. 70 feet to the True Point of
Beginning;
Thence continuing South 72° 19' 00" West, along said
Southeasterly Right-of-Way Line 146. 70 feet;
Thence North 04° 09' 18" West, 285. 53 feet;
Thence North 880 57' 00" East, 144. 25 feet;
Thence South 030 49' 24" East, 243. 40 feet to the True
Point of Beginning,
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-
scribed 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 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 Twenty-five Dollars ($25. 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
September 30, 1947, 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.
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 September 30,
1947, 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
September 30, 1947, and not relinquished hereunder shall continue in
full force and effect with respect to the land hereinabove described.
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IN WITNESS WHEREOF, the said party of the first part has hereunto
set its hand and seal the day and year first above written.
WELD COUNTY, COLORADO
A MUN CIPAL CORPORATION
By P ->/�%(( ..G ltr4---ti—
Marshall H. Anderson
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Glenn K. Billings
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Harry S. Ashley
STATE OF COLORADO, )
ss.
COUNTY OF WELD, ) .
The,fgregoir�g1 strument was acknowledged before me this ,` _
day of i; ''yr,?,,,,( . , 1971, by Marshall H. Anderson, Glenn K.
Billings and/Harry S. Ashley, Board of County Commissioners of Weld
County, Colorado.
Witness my hand and official seal.
My commission expires:-zy,-7Z-'/%9, / J,7.
Notary Public
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