,---)eptember 17,1963
Mr. B.L. Hall
Dolores, Colorado
Dear Sir:
As you were leaving a week ago Mr. Carpenter mentioned that
I would write and inform you of the Board's action on your
request for the oil and mineral rights to the
17.57
acres
which you deeded to the company in December, 1951.
Can advise that the Board remained firm on what was
mentioned while you were here. The deed you made shows no
exception of the rights and it appears that you vere paid
a pretty good price for the land.
Very truly yours
H.G. Keown, Secretary
ISP *Recorded at r'
Reception
CONTRACT FOR PURCHASE AND SALE
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MIS AGREELLUT IS MADE AND ENTERED into this 7th day of December, 1951 at Cortez, Montezuma County, Colorado, by and between B. L. Hall and Lenora P. Hall, hereinafter referred to as Sellers-and
The Ylbntezuma Valley Irrigation Coripany, a Colorado Corporation, herein-after referred to as Buyer,
Sellers do hereby acree to sell and buyer does hereby agree to purchase the following described property situate and being in the County of Montezuma, State of Colorado, to-wit:
PROPLRTI:
A strip of land 175.0 feet wide, paralleling a line 25.0 feet left or Jest of the following described trayerse line and a strip of land 100.0 feet wide and paralleling a line 25.0 feet right or East of the following described traverse line,
Beginning at a point in the center of the Morton Flume of the Montezuma Valley Irrigation Co. ditch, which is on the South line of Section 6, Township 37 North, Range 15 Jest, N.M.P.1.1. and 1716 feet .;esterly from the SE corner of said Section 6; thence running North 22'32, West for a distance of 193.5 feet; thence running North 26°14, West for a distance of 166.7 feet; thence running North 1233, West for a distance of 100.0 feet; thence running North 2013, West for a distance of 292.3 feet; thence running North 6'39, East for a distance of 193.7 feet; thence running North 2'53, 'Jest for a distance of 112.0 feet; thence running North 10'00, East for a
distance of 368.00 feet; thence running North 16°04,East for a distance of 150.6 feet; thence running North 4°40, East for a distance of 113.3 feet; thence running North 2634, West for a distance of 101.0 feet; thence running North 33°41, West for a distance of 344.3 feet; thence running North 29°45, Jest for a distance of 75.0 feet; thence running North 5°28' jest for a distance of 163.0 feet to a point on the East-West Quarter Section line of said Section 6, pro-vided that such strips of land shall extend to or start at the East-,jest Section line on the South and shall extend to or terminate at the East-Jest Quarter Section line of
Section 6 on the North.
These strips of land are located in the Southeast Quarter (SE,) of Section 6, Tomship 37 North, Range 15 Jest of the
N.n.P.m. and contain 17.57 acres, more or less.
And further recognizing, adopting, ratifying and confirming unto Grantee, its successors and assigns, that certain right of way for
construction, operation and maintenance of irrigation ditch, said right of way being a strip of land twenty-five (25) feet in width on either side of the above described traverse line and being co-extensive in length with said traverse line, and being otherwise and further
describe in plat now of record in office of Clerk and Recorder in and
for Monte-zuma County, Colorado.
-1-17
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ce- cii t.;;tuL ta-,j,To:other with an easement and right of way in gross to grantee, t
and
its successors and assie s, over, upon acro ,s the 'Jest side er uphl'J uphill slope of the SEli Sectio 6, Township 37 North, Range 15 Test, N.E.P.E. for in :ress and egress to and from the land above described and heroin
conveyed, said right of tay to b&over and along reasonable and strategic ways which are herein and hereby escribed as being along existing fence lines, along gulleys and arroyos, and along existing vehicular trails and roadwyas.
Excepting and Reserving to Grantors, their heirs, executors, personal representatives, successors and assigns, a ri7ht to construct and maintain at their own expenec a le-al fence over and across that land above described and herein conve:Ted along tLe East-West :3ectioe lino thereof on the 3outh and along the East=:7est Section line tLoreof on the North; provided, however, that this said right shall Luraediately terminate and be extinguished upon the construction, either by (Trantora, their
heirs, executors, peesonal representatives, successors and assiians, or by Grantee, its successors and assigns, of a legal f:noe over and along the traverse boundary line o- the property above described and herein
conveyed and said right of way shall exist only so long as said. lands shall remain unfenced along said traverse boundaries.
Also, excepting and reserving to Grantors, their personal re-presentatives, executors, adninistr,tors, successors, heirs and assigns, an easement and right of way of passage over and across the lund above described and herein conveyed and the ditch thereon constructed at, over and across approaches to bridges and bridges thereon constructed or to be constructed b.- Grantee, it successors and assigns.
Also, excepting and reserving to Grantors, their heirs, execute personal representatives, successors and assigns, a right to construct en 1. maintain at their Gun expense parallel legal fences to enclose a passage lane or lanes, not to exceed two in number and not in excess oft ,enty (20) feet in width, to be constructed to, from, across and over approaches to bridges and bridges constructed or to be constructed by Grantee, its successors and assigns; provided, however, that said right shall not arise or exist unless and until and except in the event that either Grantors, their heirs, executors, personal representatives, successors and assigns, or Grantee, its successors and assigns, shall hereafter construct a legal fence over and along the traverse boundaries of the land above cLescribed and herein conveyed; provided, further, that
upon the ripening into existence of said right by reason and virtue
of the occurrence of the above stated event and conditioa, said right
shall exist and continue only so long as said fences shall readain
and be kept and maintained over and along the said traverse boundary
line of the land above described and herein conveyed.
PRICE:
The sellers agree to accept and buyer agrees to pay
the sum of Eight hundred seventy-eight and 50/100 (878.50) Dollars
payable in cash, receipt of which is hereby acknowledged.
Mk-A-ES:
Sellers agree to pay taxes for 1950 and all prior
years and buyer agrees to assume taxes for the year 1952 and
POSSESSION:
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Sellers agree to deliver possession of said property above described upon the signing of this contract.
Sellers agree to deliver a earranty Deed of even date
'herewith and said deed shall convey a clear unencambered, merchantable title to said property, sellers shall stand the cost and expense of Revenue stamps to be pl ced on said Deed.
Nothing in this said contract contained shall now or hereafter be construed as imposing upon the parties subscribing hereto or their successors or assigns any obligatioe whatsoever to construct or mailtain a fence along any of the boundaries of the property herein conveyed.
Buyer agrees to construct two bridges over and across irrigatior ditch, said brides to be located as follows:
1. One bridge to be located near and adjacent to East-Jest Section line on the North and (2) one bri.dre to, be located at a site to be selected by buyer near large arroyo located near South Section line of3E14 Section 6, Township 37 North, Range 15 west, IT.E.P.1.i.
SPECIFIC P.LIgall-,A1T3E: I
1 This contract is specifically enforcible in a Court of coelpetenl I jurisdiction by either party to this agreement.
NON-ASSIGNABILITY:
This contract cannot be assigned by either party hereto without the written permission of both parties first had and obtained.
This contract is binding upon the heirs, personal representatf,v executors, successors and assigns of all parties subscribing hereto.
Executed the d,11, and year first above written.
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sellers
The Montezuma Valley Irrigation Co.
By
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fillalatasvme.•WARRANTY DEED
'tatutory Form)
Recorded at /
Reception
KNOW ALL MEN BY THESE PRESENTS, That BA
Hall and Lenora P. Hall
.j,Vs/2,51? 063L-4-
W Record:t
of the County of Montezuma, and State of Colorado, for the
con-sideration of Ten dollars and other good and valuable concon-siderations,
Dollars, in hand paid, hereby sell and convey to The Montezuma V'lley
Irrigation Company, a Colorado Corporation, organized and existing
under and by virtue of the laws of the State of Colorado, the
follow-ing real property, situate in the County of Montezuma and State of
Colorado, to-wit:
'.r1-J:Tf 71k1 t 2.1.1 fir
A strip of land 175.0 feet wide, paralleling a line 25.0 feet left
or West of the following described traverse line and a strip of land
100.0 feet wide and paralleling a line 25.0 feet right or East of the
following described traverse line.
Beginning at a point in the center of the Morton Flume of the
Montezuma Vnlley Irrigation Co. ditch, which is on the South line of
Section
6,
Township
37
North, Range 15 West, N.M.P.M. and 1716 feet
Westerly from the SE Corner of said Section
6; thence
running North
22°32' West for a distance of
193.5
feet; thence running North 26°14 1
West for a distance of 166.7 feet; thence running North 12°33' West
for a distance of 100.0 feet; thence running North 2°13' West for a
distance of 292.3 feet; thence running North 6°39' East for a distance
of
193.7
feet; thence running North 2u53' West for a distance of 442.0
feet; thence running North 10°00' East for a distance of 368.00 feet;
thence running North 16004' East for a distance of 150.6 feet; thence
running North 4°40' East for a distance of 113.3 feet; thence running
North 26°34' West for a distance of 181.0 feet; thence running North
33°41' West for a distance of 344.3 feet; thence runninc, North 29°45'
West for a distance of75.0 feet; thence running North 5°28'West for
a distance of 163.0 feet to a point on the Fnst-West Quarter Section
line of said Section
6,
provided that such strips of land shall extend
to or start at the East-West Section line on the South and shall
ex-tend to or terminate at the East-West Quarter Section line of Section
6
on the North.
These strips of land are located in the Southeast Quarter (SEi-) of
Section
6,
Township
37
North, Range 15 West of the N.M.P.M. and contain
17.57 acres, more or less.
And further recIgnizing, adopting, ratifying and confirming unto
Grantee, its successors and assigns, that certain right of way for
construction, operation and maintenance of irrigation ditch, said
right of way being a strip of land twenty-five (25) feet in width
on either side of the above described traverse line and being
co-extensive in length with said traverse line, and being otherwise and
further described in plat now of record in office of Clerk and Recorder
in and for Montezuma County, Colorado
Together with an easement and right of way in gross to grantee, its
successors and assigns, over, upon and across the West side or uphill
of the 3E11 Section
6,
Township
37
North, Range 15 West, N.M.P.M. for
ingress and egress to and from the land above described and herein
conveyed, said right of way to be over and along reasonable and
strategic ways which are herein and hereby described as being along
existing fence lines, along gulleys and arroyos, andalong existing
vehicular trails and roadways.
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Warranty Deed (Statutory Form) Page #2
B. L. Hall and Lenora P. Hall, grantors
The Montezuma Valley Irrigation Company, a Colorado Corporation, grantee
Excepting and Reserving to Grantors, their heirs, executors,
personal representatives, successors and assigns, a right to construct
and maintain at their own expense a legal fence over and across that
land above described and herein conveyed along the East-West Section
line thereof on the South and along the Fast-West Section line thereof
on the North; provided, however, that this said right shall immediately
terminate and be extinguished upon the construction, either by Grantors,
their heirs, personal represenatives, executors, successors and
assigns, or by Grantee, its successors and assigns, of a legal fence
over and along the traverse boundary line of the property above
describe(
and herein conveyed and said right of way shall exist only so long
as
said lands shall remain unfenced along said traverse boundaries.
Also, excepting and reserving to Grantors, theirs heirs, executors,
personal representatives, successors and assigns, an easement and
right of way of passage over and across the la-id above described
and herein conveyed and the ditch thereon constructed at, or and across
approaches to bridges and bridges thereon constructed or to be
con-structed by Grantee, its successors and assigns.
Also, excepting and reserving to Grantors, their heirs,
(xecutors,
personal representatives, successors and assigns, a right to construct
and maintain at their own expense parallel legal fences to enclose a
passage lane or lanes, not to exceed two in number and not in excess
of
twenty (20) feet in width, to be constructed to, from, across and over
approaches to bridges and bridges constructed or to be constructed by
Grantee, its successors and assigns; provided, however, that said
right shall not arise or exist unless and until and exceptin the event
that either Grantors, their heirs, executors, personal representatives,
successors and assigns, or Grantee, its successors or assigns, shall
hereafter construct a legal fence over and along the traverse boundaries
of the land above described and herein conveyed; provided, further,
that upon the ripening Ito existence of said right by reason and virtue
of the occurrence of the above stated event and condition, said right
shall exist and continue only so long as said fences shall remain
and
be kept and maintaaned over and along the said traverse boundary
lines
of the land above described and herein conveyed.
with all its appurtenances, and warrant the title to the same, subject
to - no exceptions.
Signed and delivered this 7th day of December, ^
D. 1951.
6, 14-47)U
-(77-271-0-zet--p Aze-e
STATE OF COLORADO
COUNTY OF MONTEZUMA
(SEAL)
(SEAL)
/0.r.:1•T'40:
-.1:Oz7egoing instrument was acknowledged before me this 7th day
/,,c3T1Dcem:1;
1951 by B. L. Hall and Lenora P. Hall.
!: Q:14.-tWév-Irly hand and official seal.
.
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VT)Ccormilavafibia expires:
,.
:
. 7,7
CONTRACT FOR PURCHASE AND SALE
THIS AGREELENT IS MADE AND ENTERED into this 7th day of December, 1951 at Cortez, Montezuma County, Colorado, by and between B. L. Ball and Lenore P. Hall, hereinafter referred to as Sellers and The Montezuma Valley Irrigation Company, a Colorado Corporation, herein-after referred to as Buyer,
tiITNE3SETh THAT:
Sellers do hereby agree to sell and buyer does hereby agree to purchase the following described property situate and being in the County of Montezuma, State of Colorado, to-wit:
PROPERTY:
A strip of land 175.0 feet wide, paralleling a line 25.0 feet left or .est of the following described tralrerse line and a strin of land 100.0 feet wide and paralleling a line 25.0 feet right or East of the following described traverse line,
Beginning at a point in the center of the Morton Flume of the Montezuma Valley Irrigation Co. ditch, which is on the
South line of Section 6, Township 37 North, Range 15 West, N.M.PO4. and 1716 feet ;esterly from the SE corner of said
Section 6; thence running North 22°32' lest for a distance
of
193.5 feet; thence running North 26'141 'Act for a distance. of 166.7 feet; thence running North 12°33' :,;est for a distance of 100.0 feet; thence running North 2°13' lest for a distance of 292.3 feet; thence running North 6'39' East for a distance of 193.7 feet; thence running North 2'53' West for a distance of 442.0 feet; thence running North 10°00' East for adistance of 368.00 feet; thence running North 16°04'East for a distance of 150.6 feet; thence running North 4'40' East for a distance of 113.3 feet, thence running North 26034' West for a distance of 181.0 feet; thence running North 33°41' West for a distance of 344.3 feet; thence running North 29°45' iest for a distance of 75.0 feet; thence running North 5°28' .;est for a distance of 163.0 feet to a point on the East-est lititrter Section line of said section 6, pro-vided that such strips of land shall extend to or start at the East-best Jection line on the South and shall extend to
or terminate
at the East-':est - uarter Section line of Section 6 on the North.These strips of land are located in the Southeast 'Inarter (SE;) of Section 6, To nship 37 North, Range 15 eat of the
N.M.P.M. and contain 17.57 acres, more or less.
And further recognizing, adopting, ratifying and confirming unto Grantee, its successors and assigns, that certain right of way for construction, operation and maintenance of irrigation ditch, said right of way being a strip of land tuenty-fiv(; (25) feet in width on either side of the above described traverse line and being co-extensive in
length with said traverse line, and being otherwise and further described In plat now of record in office of Clerk and iiecorder in and for Monte-zuma County, Colorado.
-1-To other with an easement and right of way in gross to grantee, its successors and assigns, over, upon and acrons the 'ecst side or uphill slope of the SE Llection 6, Township 37 North, Range 15 ,!eet,
for ineress and egress to and from the land above described and herein conveyed, said right of way to be over and along reasonable and strategic ways wtich are herein and hereby described as being along existing fence lines,. alone galleys and arroyos, and along existing vehicular trails and roadmyas.
Excspting and Reserving to Grantors, their heirs, executors, personal representatives, successors and assigns, a right to construct and maintain at their own expense a legal fence over and across that land above described and herein conveyed along the Enst-Uest Section line thereof on the South and along the East-West section lino thereof on the North; provided, hoTever, that this setd right shall immediately terminate
and be extinguished upon the construction, either by Crentors, their heirs, executors, personal representatives, successors and assigns, or by Grantee, it successors and assieno, of a legal fence over and along the traverse boundery line oe the property above described and herein
conveyed and said right of way shall exist only so long as said lands shall renain unfenced along said traverse boundaries.
Alse excepting and reservine to Grantors, their personal re-presentatives, executors, adminintrators, successors, heirs and assigns, an easenent and right of ray of ssage over and across the land above described and herein conveyed and the ditch thereon constructed at, over and across approaches to bridges and bridges thereon constructed or to be constructed be Grantee, successors and assigns.
Also, excepting and reserving to Grantors, their heirs, executors, personal representatives, euccessors and assigns, a right to construct and maintain at their awn expense parallel legal fences to encloee a passage lane or lanes, not to exceed two in number and not in excess of twenty (20) feet in width, to be constructed to, from, across and over approaches to bridges and bridges constructed or to be constructed by Grantee, its
successors and assigns; provided, however, that said right shall not arise or exist unless and until and except in the event that either Grantors, their heirs, executors, personal representatives, successors and assigns, or Grantee, its successors and assigns, shall hereafter construct a legal fence over and along the traverse boundaries of the land above described and herein conveyed; provided, further, that upon the ripening into existence of said right by reason, and virtue of the occurrence of the above stated event and conditioe, said right shall exist and continue only so long as said fences shall remain and be kept and umietained over and along the said traverse boundary line
of the land above described and herein conveyed.
PRICE:
The sellers agree to accept and buyer agrees to pay the
sum of Eight hundred seventy-eight and 50/100 (078.50) Dollars payable
in cash, receipt of which is hereby acknowledged.
Sellers agree to Day taxes for 1950 and all prior years and buyer agrees to assure taxes for the year 1952 and ell
years thereafter.
-2-f‘
POSSESOION:
Sellers agree to deliver possession of said property above described upon the signing of this contract,
TITLE:
Sellers agree to deliver a ':arranty Deed of even date
herewith and said deed shall convey a cleur unencumbered, merchantable title to said property, sellers shall stand the cost and expense of Revenue stamps to be pl cod on said Deed.
Nothing in this said contract contained shall now or hereafter be construed as imposing upon the parties subscribing hereto or their successors or assigns any obligatio:, whatsoever to construct or maitain a fence along any of the boundaries of the property herein conveyed.
Buyer agrees to construct two bridges aver and across irrigation ditch, said bridc;es to be located as follows:
1. One bridge to be located near and adjacent to East— _:bst'Jection line on the North and (2) one bridge to be located at a site to be selected by buyer near large arroyo located near South 3ection line of 1 Section 6, Township 37 North, Range 15 'Jest, N.M.P.M.
131-2.;RFOINANCE:
This contract is specifically enforcible in a Court of competent jurisdiction by either party to this agreement.
NON 8LZGYBILITY:
This contract cannot be assigned by ,either party her to without the written permission of both parties first had and obtained.
This contract is binding upon the heirs, personal representatives, executors, successors and assigns of all parties subscribing hereto.
ATTE3T:
Executed the (IT: and yr first above written.
The
Montezuma Valley Irrigation Co.By P4/1
