2024-05-23_PERMIT FILE - M2024025

Home Browse Search

NO DECLARATION 56 99 711/2019 4:45 PM Debra A Green of 23 R$123.00 D$0.00 Park County Clerk QUIT CLAIM DEED Hartsel Springs Ranch of Colorado,Inc.,a Colorado corporation,whose street address is 4255 South Buckley Road,Suite 314,Aurora,Arapahoe County,Colorado 80013(hereinafter "Seller'),for the consideration of$10.00,the receipt and sufficiency of which are hereby acknowledged,hereby sells and quitclaims to the City of Aurora,a Colorado municipal corporation,acting by and through its Utility Enterprise,whose street address is 15151 East Alameda Avenue,Suite 3600,Aurora,Colorado 80012,County of Arapahoe, State of Colorado (hereinafter"Buyer"),and successors and assigns,the following real property located in Park County,State of Colorado: See Exhibit I,attached and incorporated by this reference with all appurtenances except the Seller retains the following Retained Limited Storage of Water and Retained Limited Recreational Access(collectively hereinafter"Subject Property"): A. Retained Limited Storage of Water described in that certain Land Purchase and Sale Agreement between Seller and Buyer dated June 10, 2016 and Recorded in the Park County, Colorado Clerk & Recorder's Office at Reception No. 725771 on June 13, 2016 (hereinafter "LP&SA"). That LP&SA slightly modified by that certain Amendment to Land Purchase and Sale Agreement dated October 19, 2016, recorded in the Park County, Colorado, Clerk and Recorders Office at Reception No.729639 on October 24,2016. 1. The Parties agree that Seller has retained and not conveyed to Buyer the interest to 100 acre-feet of storage space in any completed reservoir facility provided that Buyer is able to permit and construct said reservoir facility. This interest is storage space only,not water and the Parties agree use of the retained interest in storage space by Seller is subject to the reasonable operation and maintenance constraints Buyer in its sole discretion determines are necessary to apply to the reservoir facility as a whole. The Parties further agree that if Seller's total interest in storage space in the reservoir facility does not exceed 100 acre-feet, Buyer will forego the collection of any charges for operation and maintenance of that 100 acre-feet or less of the retained interest in storage space. 2. The Parties agree that Seller has retained and not conveyed to Buyer an option for a period of one-year past Buyer's notification of completion of any reservoir facility to retain an additional 400 acre-feet of storage space in the completed reservoir facility,by repaying to Buyer the pro-rata per acre-foot cost to construct this retained option storage space,provided that Buyer is able to permit and construct said reservoir facility. If Seller does purchase any of this additional retained option storage space,all such additional retained option storage space,as well as the initial 100 acre-feet of retained storage space which is the subject of Section 1 above, would then be subject to operation and maintenance costs on a pro-rata basis. This retained option interest is for storage space only, not water, and the Parties agree use of the retained option interest in storage space by Seller is subject to the reasonable operation and maintenance constraints Buyer in its sole discretion determines are necessary to apply to the reservoir facility as a whole. Additionally,the Parties agree that any space including the 100 acre-feet of retained storage space described in Section 1 above and any portion of the 400 acre-foot retained option space that is the subject of this Section could be transferred or assigned only with reasonable 1 pITIiI.E COMPANY OF THERoMs,INC. toL4 gyp