HomeMy WebLinkAboutTRAIL HEAD - Filed EV-EASEMENT VACATION - 2005-04-08IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIII III. LORIMER COUNTYLCOK
RCPTNa 2004-0093243 016:02:3004
PAGES - 4 FEE $21.00 DOC E0,00 N384292
ABANDONMENT OF EASEMENT
THIS ABAN ONM NT OF EASEMENT is made and entered into this
day of APr.4, 2004, by LARIMER & WELD IRRIGATION COMPANY,
a Colorado Mutual Ditch Company, the mailing address of which,
for purposes of this instrument, is P.O. Box 206, Eaton,
Colorado 80615 ("Grantor"), and WATERGLEN, LLC, a Colorado
Limited Liability Company, and HARTSHORN PROPERTIES LLC, a
Colorado Limited Liability Company, the mailing address of
which, for purposes of this instrument, is 361 71st Avenue, Suite
103, Greeley, Colorado 80634 (collectively, "Grantees").
AFf TTAT.S
A. Grantor has a historic easement for the purpose of
using, operating and mainta_ning an irrigation ditch known as
the Larimer & Weld Canal (also known as the Eaton Ditch),
including an easement over and across the property described on
E,%hibit "A" attached hereto and incorporated herein by this
reference (the "Old Easement").
B. Grantees have constructed a new ditch connecting
portions of the existing Larimer & Weld Canal/Eaton Ditch,
pursuant to agreement with Grantor.
C. Grantor has agreed to abandon and vacate the Old
Easement as hereinafter set forth.
rMe-MNS15IM101IY
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt
and adequacy of which are hereby confessed and acknowledged,
Grantor does hereby vacate and abandon the Old Easement, and by
these presents, to the e;:tent necessary to give a full effect to
such abandonment and vacation, Grantor does hereby quit claim
and assign unto Grantees all of its right, title and interest in
and to the Old Easement.
HASLER, FONFARA AND MAXWELL
125 SOUTH HOWES, 6TH FLOOR
POST OFFICE BOX 2267
FORT COLLINS, CO 80522
IN WITNESS WHEREOF, Grantor has executed this Abandonment
of Easement as of the day and year first above written.
LARIMER & WELD IRRIGATION COMPANY,
a Colorado Mutual Ditch Company
By7;B rry
e on, President
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The forego,' g�,�instrument was acknowledged before me this
1 day of ctf, 2004, by Barry Anderson, ;as President of
LAIZIMER & WELD IRRIGATION COMPANY, a Colorado Mutual Ditch
Company. 1
WITNESS my hand and official seal.
My commission expires: / /?/aC
Not 67y P iC
(NF-11 01/08/041
3 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE ABANDONMENT OF
EASEMENT BY LARIMER & WELD IRRIGATION COMPANY, A COLORADO MUTUAL
DITCH COMPA14Y ("GRANTOR") AND WATERGLEN, LLC, A COLORADO LIMITED
LIABILITY COMPANY, AND HARTSHORN PROPERTIES LLC, A COLORADO
LIMITED LIABILITY COMPANY (COLLECTIVELY, "GRANTEES").
Description of the Old Easement
[SEE ATTACHED]
03/08/209J 13:d0 FAA 970 491 9984
JR ENGINEERING 9009
FIMUM131-11SAt�!
VACATION OF A PORTION OF THE LARIMER AND WELD CANAL
THAT PORTION OF A 100' WIDE RIGHT OF WAY DESCRIBED IN THE MAP OF
LARIMER AND WELD CANAL ENLARGEMENT RECORDED IN DITCHES AND
RESERVOIRS CARD ftI044 OVER AND ACROSS THE SOUTH ONE-HALF OF SECTION
4, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6 THPRL4CIPALMERIDIAN,
COUNTY OF LAREA R. STATE OF COLORADO.
► sWQ W
I, GARY K. HAMMER. REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY RESPONSIBLE
CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS
CORRECI',
GAR
LAND
COLORADO NO: ' 24307
� � FOR AND ON BEHALF OF JR ENGINEERING, T
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DATE
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