Loading...
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 ''/, "O'V lltl RIOB���``� _? -3- Do DATE 5qc) & .j) XA9I4503Ncad\ EGALb191<d VAC l.dw EM13IT B.1