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HomeMy WebLinkAboutC09-229 Quitclaim DeedPrepared by: USDA-Forest Service Name of Preparer: Nancy Hollenkamp Address of Preparer: 740 Simms Street Golden, CO 80401 Phone Number of Preparer: 303-275-5382 APPROVED AS TO LAND DESCRIPTION, CONSIDERATIONS & CONDITIONS ,~rea.~. ~ ~ 2 -o ~ QUITCLAIM DEED THIS QUITCLAIM DEED is made this ~'~'day of ~~ , , 2009, by and between the UNITED STATES OF AMERICA, acting b~'and through the Forest Service, Department of Agriculture, hereinafter called GRANTOR, and Eagle County, a political subdivision of the State of Colorado, whose address is 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850, hereinafter called GRANTEE. WITNESSETH: The Grantor, as authorized by the Forest Service Facility Realignment and Enhancement Act of August 2, 2005 (P.L. 109-54), the provisions of which have been met, has determined that the conveyance is in the public interest. NOW THEREFORE, the Grantor, for and in consideration of the sum of ONE MILLION TWO HUNDRED SEVENTY-FIVE THOUSAND and NO 100/DOLLARS ($1,275,000.00), the receipt of which is hereby duly acknowledged, does hereby remise, release, and quitclaim unto the Grantee, its successors and assigns, all its right, title, interest, and claim in and to the real property situated in the County of Eagle, State of Colorado, more particularly described as follows: Sixth Principal Meridian T. 5 S., R. 84 W. Sec. 5, a parcel of land in Section 5, Town of Eagle, being a portion of that land described in Exchange Deed recorded February 9, 1950 in Book 135 on page 85 (Parent Parcel), and more particularly described as follows: Beginning at Angle Point 7 of Tract 47, monumented with a 3 inch diameter cap on pipe by the Eagle County Surveyor, thence on and along the west line of said Parent Parcel N1°56' 11"E for 918.46 feet to a point from which a G.L.O. brass cap on pipe bears N1°56' 11"E for 373.60 feet and an USDA Forest Service aluminum cap marked WC bears S86°52' 10"E 22.25 feet; thence S86°52' 10"E for 240.77 feet to a point on the east line of said Parent Parcel described in Warranty Deed recorded February 9, 1950 in Book 125 on page 85, from which an USDA Forest Service aluminum cap marked WC bears N86°52' 10"W 1.14 feet and an USDA aluminum cap on pipe marked AP-1 bears N1°52'26"E for 697.27 feet; thence S1°52'26"W for 894.94 feet to an USDA Forest Service aluminum monument marked AP-6; thence S87°33'28"W for 242.40 feet to the Point of Beginning. Containing 5.02 acres, more or less. AND, Sixty-three and five tenths percent (63.5%) ofTwo-tenths of one cubic foot of water per second of time, absolute, through Ditch No. 2 Ditch (also known as the Neilson Ditch), Priority No. 20, decreed to and used through Ditch No. 17, in Water District No. 37, Colorado State Water Division No. 5, as decreed under date of December 17, 1889, having an appropriation date of May 1, 1884, by the District Court, in and for the County of Eagle, State of Colorado, in the matter entitled in the Matter of the Adjudication of the Priority of Rights to the use of water for irrigation in Water District No. 37; and all ditch diversion and carriage rights associated therewith. Subject to: Outstanding Rights to other parties of record in Eagle County or in the Exchange Deed to the United States recorded February 9, 1950 in Book 135 at Page 85: 1. Exceptions and reservations contained in the patent from the United States. 2. Existing public utility easements and existing rights of way for roads; ditches and highways. 3. Royalty interests reserved in Warranty Deed recorded October 31, 1969 in Book 216 at Page 311. 4. Reservations and easements as described in Warranty Deed recorded August 17, 1979 in Book 389 at Page 952. 5. Easements, conditions, covenants, restrictions, reservations and notes on the Forest Boundary Survey recorded January 22, 1985 in Book 405 at page 404. 6. Right of Way Irrigation Water Ditch for Neilson Ditch, also known as Ditch No. 2. 7. Right of Way for powerline purposes for Eagle River Electric Co. (now Holy Cross Electric Association). 8. Easement for County Road to Town of Eagle dated July 20, 1992. Said easement being 40 feet in width, 242 feet in length, located in Tract 47, recorded February 1, 1993 as Reception No. 496530 (in Book 600 at Page 441). This deed and conveyance is expressly made subject to the following matters to the extent the same are valid and subsisting and affect the property: a) All existing licenses, permits, easements and rights-of--way for public streets, roads and highways, public utilities, electric power lines, electric transmission facilities, railroads, pipelines, ditches, and conduits and canals on, over and across said land whether or not of record. b) All existing interests(s) reserved to or outstanding in third parties in and to water rights, ditch rights, as well as oil, gas and/or minerals, whether or not of record. c) All other existing interests reserved by the original grantor(s) in chain of title unto said 2 grantor(s), their respective successors and assigns, which affect any portion of the property interest(s) hereinabove described, whether or not of record. d) Any survey discrepancies, conflicts or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements, which may affect the subject property. e) Existing zoning ordinances and resolutions, soil conservation district rules and regulations, and water conservancy district rules and regulations, filed of public record and affecting all or any portion of the subject property. IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has executed this Deed on the day and year first above written pursuant to the delegation of authority promulgated in Title 7 CFR 2.60 and 49 F.R. 34283, August 29, 1984. UNITED S TES OF AME CA BY: ~ / RANDALL KARSTAEDT Director of Physical Resources Rocky Mountain Region, R-2 USDA Forest Service Exempt from Documentary Fee Pursuant to CRS 39-13-104(1)(a) ACKNOWLEDGEMENT STATE OF COLORADO ) )ss COUNTY OF JEFFERSON ) On this /ate'" day of ~_,~ , 2009, before me, N,givc%~',4 ~{ou~Ja Notary Public in and for said State, personally appeared RANDALL KARSTAEDT, Director of Physical Resources, Rocky Mountain Region, R-2, Forest Service, U. S. Department of Agriculture, the signer of the within instrument, who acknowledged to me that he executed the foregoing instrument. set my hand and official seal. NANCY A. HOLLENKAMP NOTARY PUBLIC STATE OF COLORADO Notary P lic Signature ACCEPTANCE This deed is accepted subject to all terms and conditions. r Date: ~~~-'~ (~ BY: Printed Name: -SA-~ ( ~ c-c~, Title: ~~ Y~--t ~_m ~-~ ACKNOWLEDGEMENT STATE OF ' ~~~_~ ) )ss COUNTY OF r~. y ) On this ~°,~J~. day of . ~ ~ ~}-~ , 2009, before me, lY~~'1 ~~~,' ~~,, a fN.~ot'ar'y Public in and for said State, personally appeared '~ ~` , as l~~' . ~ : N ! ~~ Eagle County, a political subdivision of the State of Colorado, who ac owledged to me that he executed the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ll `` Notary Public Signature My Commission expires: ~ r~, 61 .DEBORAH L CHURCHILL Notary Public State L f Colorado My Ccxnmlaelon Expires Febn~ary 18, 2011 4