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HomeMy WebLinkAboutC09-227 consent to assignmentCONSENT TO ASSIGNMENT The undersigned, as one of the Ditch Owners and a party to the April 11, 2003 Agreement Regarding Ditch Relocation and Easement Modifications, hereby consents to the assignment of the interests of Chatfield Corners, LLC to Chatfield Corners Metropolitan District as of May 8, 2007, pursuant to the foregoing Assignment of Agreement Regarding Ditch Relocation and Easement Modifications. Clerk to the Board of BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY, COLORADO By: Chairman, Boar of County Commissioners, Eagle County, Colorado County Commissioners 208912318 ;~~ „~ 29/2009 IIIIII VIII VIII INIIIIHI IIIN IAN VIII VIII III IIIIII IIII IIII QUIT CLAIM DEED B THIS DEED, made this y of 2Q03, between the undersigned IV Ditch C)wners of the Chatfield Barthalom Ditch located in Eagle County, Colorado ("Grantors"}, and Chatfield Careers, L•LC, a Colorado limited liability company, whose address ~~ is~ l'.O. Box 920, Gypsum, CO $1537 {"Grantee"j, WITNESSETH, that Grantors, far and in consideration of the sum of Ten Dollars and other good anal valuable consideration the receipt avid su€ficiency of which is hereby acknowledged, has remised, released, sold anal QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the Grantee, its successors and assigns, forever, ail the right, title, interest; claim. and demand which the Grantors have in and #o that certain real property formerly known as: Lots 2 ~ 4, I K Bar Ranches, County of Eagle, State of Colorado and presently known as the Chatfield Corners Subdivision as described in those final plats for the Chatfield Corners Subdivision, recorded in Eagle County Colorado oi~icial records at reception nu~aa~bers 79X70 & 821515 {the "Property"), including without limitation any prescriptive easement rights that maybe associated with the Chatfield & l3artholoznew Ditch, except for those easement rights granted to Gxar,.tors by Grantee in that document recorded as reception numbers 797170 & 821515 in the Eagle County, Colorado official records. This quit claim deed. is granted to accouux-odate the relocation of the Chatfield & Barthoiopaew Ditch and is not intended to affect the water rights decreed to such ditch or the ownership interests therein in any way or manner. . TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest anal claim whatsoever, of the Grantors, either tin law or equity, to the only proper use, benefit and behaof of the Grantee, its successors and assigns forever. above. IN WI'iNESS WHEREC3F, the Grantors have executed this deed on the date set forth ;~~ .,', ATTEST: ~ oo ': M ~-~ '?~ Clerk to the oard of ~,~ County Commissioners ""~ "~~~~ BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY, COLORADO r Chairman, Board of County Commissioners, Eagle County, Colorado QUIT CLA.IIYI DEED THIS DEED, made this day of , 2003, between the undersigned Ditch Owzxers of the Chatfield & Bartholomew Ditch located in Eagle County, Colorado ("Grantors"}, and Chatfield Corners, L-LC, a Colorado limited liability company, whose address is~ P.O. Bvx 924, Gypsutu, CO $1637 ("Grantee"), VV]:TNESSETH, that Grantors, for and in consideration of the Burn of Ten Dollars and other good anal valuable consideration the xeceipt and. sufiYeiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest; claim and. demand which the Grantors have in and #o that certain real property formerly known as: Lots 2 - 4, I K Bar Ranches, County of Eagle, State of Colorado and presently lrnown as the Chatfield Corners Subdivision as described in those final plats for the Chatfield Corners Subdivision, recorded in Eagle County Colorado official records at reception numbers 797174 & $21515 (the "Property"}, including without limitation any prescriptive easement rights that may be associated with the Ghatfieid 8r Barthoiozxiew Ditch, except for those easement rights gxanfied to Grantors by Grantee in that document recorded as reception numbers 7971.70 & 82151 5 in the .Eagle County, Colorado o£#icial records. This quit claim deed is granted to accornrnodate the relocation of the Chatfield & Bartholomew Ditch and is not intended to affect the water rights decreed to such ditch or the ownership interests therein in any way oz manner. TD HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns forever. above. iN WITLESS ~JHEI~EOF, the Grantors have executed this deed on the date set forth BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY, COLORADO ATTEST: ~ s ~ By• .- Clerk to the oard of -" Chairman, Boar of County County Commissioners Commissioners, Eagle County, Colorado r~ TERM SHEET 1) Requested hearing date: (First choice) 6.23.09 (Second choice) 6.30.09 2) For County Manager signature: n/a 3) Reauesting department: Attorney's office I 4) Title: Chatfield Ditch Relocation Agreement Quit Claim Deed 5) Check one: Consent: X On the Record: 6) Staff submitting: Bryan Treu (x8685) 7) Pur ose: Chatfield Ditch Relocation Agreement included a Quit Claim Deed when originally sent by Ross Graves in 2003. Quit Claim Deed was never signed therefore attorneys for the Chatfield Corners Metropolitan District are requesting it be signed. 8) Schedule: n/a 9) Financial considerations: n/a 9) Other: 's l~"\ ~, ~ ;, ~~~ 0 r'~ ~ ~ I ~' By. Eagle County Attorney's Office By: _...~ Eagle County Gc~~ : ~ ~ ~:~~ners' Office r f f~~ ~~ ~r ~ r TERM SHEET 1) Requested hearing date: (First choice) 6.23.09 (Second choice) 6.30.09 2) For County Manager signature: n/a V 3) Requesting department: Attorney's office 4) Title: Consent to Assignment of the interests of Chatfield Corners, LLC to Chatfield Corners Metropolitan District as of May 8, 2007, pursuant to the Assignment of Agreement Regarding Ditch Relocation and Easement Modifications. 5) Check one: Consent: X On the Record: 6) Staff submitting: Bryan Treu (x8685) 7) Purpose: Attorneys for the Chatfield Corners Metropolitan District have requested that all the owners of the Chatfield/Bartholomew Ditch sign a Consent to Assignment as part of the final documents transferring the interests of Chatfield Corners LLC to the Chatfield Corners Metropolitan District. 8) Schedule: n/a 9) Financial considerations: n/a 9) Other: ~ iJ 9 ~~ ,~,• ~;~1 ~~ ~~~c~~ APPROVED O FORM By: agle aunty Attorney's Office Bv: Eagle County Commissioners' Office March 3, 2009 Dick Mayne 912 Main Street Gypsum, CO 81637 Brian Treu County Attorney PO Box 850 Eagle, CO 81631 Eagle County School District Scott Green, Chairman PO Box 740 Eagle, CO 81631 Chris Estes PO Box 9 Gypsum, CO 81637 Tim Garton c/o Ken Marchetti Robertson & Marchetti 28 2nd Street, Suite 213 Edwards, CO 81632 Matt Dietz c/o Vail Valley Custom Builders PO Box 2809 Edwards, CO 81632 ~2E~EIVED JUN 4 2009 EAGLE COUNTY A7TpRNEY The attorneys for the Chatfield Corners Metropolitan District have requested that all the owners of the Chatfield/Bartholomew Ditch sign a Consent to Assignment as part of the final documents transferring the interests of Chatfield Corners LLC to the Chatfield Corners Metropolitan District. A copy is enclosed for your signature and notarizing. If you cannot obtain a notary, we have on in our office in Wolcott who can notarize with your consent. They have also requested that you sign a Quit Claim Deed Exhibit B which was sent with the original agreement to the Chatfield Ditch Relocation Agreement by Ross Graves in 2003 but did not contain a signature line and was never signed, nor returned by all parties. We are enclosing a Quit Claim Deed with signature line for your signature. Please return this with the Easement Deed. Several months ago you also signed the Amendment to the Original Agreement regarding Ditch Relocation and Easement Modification Documents and returned them to me. We received these, however, we now need this Consent to the Agreement and Quit Claim Deed. Sorry for any inconvenience in getting these to you at this late date. Please contact me with any questions. Cherie with Robertson and Marchetti is the contact person and is also handling all the work for the Metro District. Grant Murphy is the President of the Metro District. They can also answer any questions or concerns you may have. Please sign, at your earliest possible date and return them to me at: Bob Gallegos Chatfield Corners, LLC PO Box 99 Wolcott, CO 81655 970.926.3737 Thank you for your prompt attention. Sin rely, Robert M. Gallegos, Jr. Managing Member Chatfield Corners, LLC 3NtON3 NIOliVW .NVId 3iIS - 1° L ---~ Y ~ ~ ~ I ------'-~3 -- ----~----.~..__--~---___ ~.~r~`~-~~ _ *r pM ` ~fltrr,.__ y °~ ~i f?~ j~ gg C d V~ i .~ ~. 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G-~ _- ~ ~ 1 b \ \ / i ~ ~~ ~~ `~~ ~ R ~~; ,~ ~ ~~ ! i1-~R ~ del ~ ~ r-,_,~ r U ~~ - ~ . ~ ~ _.. ~~. 1 ~ w ~ ,I ~ d r ~ ~~ I -,_ ~._ ~ - ~ ,, 1 I VI ~_" _s~: .r .: y'M1 .n. r -,., ~'..'to o 0 N p ~~ RK ~I~ ~~ Q Y ~ CONSENT TO ASSIGNMENT The Town of Gypsum, as Lessor under the Raw Water Lease dated May 21, 2002, hereby consents to the assignment by the Lessee, Chatfield Comers, LLC, of its interests under the Raw Water Lease to Chatfield Comers Metropolitan District as of May 8, 2047, pursuant to fhe foregoitng Assignment of Raw 'Water Lease dated as of May 8, 2007. LESSOR: Attest: By: Name: Jenny Ellringer Its: Town Clerk STATE OF COLORADO COUNTY OF TOWN OF GYPSUM, COLORADO By: . Name: Stephen M. Carver Its: Mayor 50 Lundgren Blvd. P.O. Box 130 Gypsum, CO 81637 ss. The foregoing instrument was acknowiedged before me this day of 2007, by Stephen M. Carver as Mayor and Jenny Ellringer as Town Clerk of the Town of Gypsum, Coiorado. Witness my hand and official seal. My comm;ecion expires: Notary Public {00032441.DOC v:4} 6 QUIT CLAIM DEED THIS DEED, made this day of , 2003, between the undersigned Ditch Owners of the Chatfield 8c Bartholomew Ditch located in Eagle County, Colorado ("Grantors"), and Chatfield Corners, LLC, a Colorado limited liability company, whose address is' P.O. Box 920, Gypsum, CO 81637 ("Grantee"), WITNESSETH, that Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration the receipt and sufficiency ofwhich is hereby aclanowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the C3rantee, its successors and assigns, forever, ail the right, title, interest, claim and demand which the Grantors have in and to that certain real property formerly known as: Lots 2 - 4, I K Bar Ranches, County of Eagle, State of Colorado and presently lo7own as the Chatfield Corners Subdivision as described in those final plats for the Chatfield Corners Subdivision, recorded in Eagle County Colorado official records at reception numbers 797170 & 821515 (the "Property"), including without limitation any prescriptive easement rights that maybe associated with the Chatfield & Hartholoznew Ditch, except for those easement rights granted to Grantors by Grantee in that document recorded as reception numbers 797170 & 821515 in the Eagle County, Colorado official records. This quit claim deed is granted bo accommodate the relocation of the Chatfield & Bartholomew Ditch and is not intended to affect the water rights decreed to such ditch or the ownership interests therein in any way or manner. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantors have executed thin :~ I. an the date set forth above. 2891905_2.DOC