• Abstract and Figures
• Public Full-text

MEMORANDurv. To: Board of County 9Jmmissioners J Cc: Connie HuntJ-ffi\nnah Hollenbe~. " From: Marti Whitmore, County Allorney~ 1)'l1'V Date: March 16,2016 Re: Pat Willits ~ Conservation Trust Properties Per the discussion at Call to the Public yesterday, I am enclosing the Phase I Environmental Site Assessment for the properties Pat referenced, along with the proposed Quit Claim Deed. Please let Connie or me know how/when to agenda this. To be transmitted by e-mail. Attachment 2 QUITCLAIM DEED THIS DEED, made this _____ day of ______________, 2016, between Greenfield Environmental Multistate Trust LLC, not individually but solely in its representative capacity as Trustee of the Multistate Environmental Response Trust, whose address is 1928 Eagle Crest Drive, Draper, Utah 84020, hereinafter called “Grantor”, and the County of Ouray, Colorado, hereinafter called “Grantee”. WITNESSETH, that the Grantor, for and in consideration of the sum of Thirty-Thousand, Six- Hundred and Eighty-Nine DOLLARS ($30,689.00) paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby 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 patented mining claims and related real property described below situated in the County of Ouray, State of Colorado (the “Property”). The Property is being transferred “as is, where is” and with all faults. Grantor makes no representations, warranties or guaranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, title, habitability or fitness for a particular purpose, each of which are hereby expressly disclaimed. The claims are within Township 42 North and Range 7 West, New Mexico Principal Meridian, within the Red Mountain Mining District, County of Ouray, State of Colorado. Individual Claims Little Mona, U.S.M.S 4639 Mona’s Queen, U.S.M.S 4639 The patented mining claims herein conveyed contain a total of 15.34 acres, more or less. 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 Grantor, either in law or equity, to the only proper use, and benefit of Grantee and Grantee’s successors and assigns, forever. Release. Grantee, for Grantee and Grantee’s successors and assigns, including, without limitation, each present and future fee owner, ground lessee, and tenant of all or any portion of the Property (collectively, “Grantee Parties”), to the extent permitted by law, hereby releases, remises and forever discharges Grantor, Greenfield Environmental Multistate Trust LLC (both in its individual capacity and in its representative capacity as the Trustee of the Trust), Greenfield Environmental Trust Group, Inc. (and each of their respective officers, directors, shareholders, partners, employees, members, agents and representatives), the United States of America and the State in which the Property is located (and their respective agencies and departments), and the respective officers, directors, shareholders, partners, employees, members, agents, representatives, successors, and assigns of each of them (collectively, the “Grantor Parties”) from and against, and irrevocably and unconditionally waive, all Claims (as defined below) and liability against the Grantor Parties for or attributable to any and all losses, costs, claims, liabilities, expenses, demands, fees or obligations of any kind or nature whatsoever, whether known or unknown and foreseen or unforeseen, attributable to the environmental condition of the Property, whether arising or accruing before, on or after the date hereof, and whether attributable to events or circumstances which have heretofore or may hereafter occur, including all losses, costs, claims, liabilities, expenses, demands, fees and obligations relating to the presence, discovery, release or removal of any Hazardous Substances (as defined below) in, at, under or about the Property. “Claim,” as used herein, means all demands, actions, causes of action, suits, proceedings, covenants, contracts, agreements, damages, claims, counterclaims, third-party claims, cross claims, contribution claims, indemnity claims, executions, judgments, losses, penalties, obligations and liabilities whatsoever, of every name, kind, type, nature or description, in law or in equity, arising under federal, state or local law or other statute, law, regulation or rule of any kind, whether known, unknown, direct, indirect, absolute, contingent, disclosed, undisclosed or capable or incapable of detection. “Hazardous Substances” means any hazardous waste, hazardous substance or material, as defined under any Environmental Law (as defined below) or any pollutant, contaminant, radioactive or biological material or waste, or petroleum or petroleum related products or waste. “Environmental Law” means any past, present, or future federal, state, or local laws, statutes, ordinances, regulations, judgments, and orders and the common law, including the law of strict liability and the law of abnormally dangerous activities, relating to environmental matters, including, without limitation, provisions pertaining to or regulating air pollution, water pollution, noise control, wetlands, watercourses, wildlife, Hazardous Substances, or any other activities or conditions which impact or relate to the environment or nature. Covenant Not to Sue. Grantee, for itself and for each of the other Grantee Parties, agrees that it and they will not institute any action, suit or proceeding, and will not implead, join, seek contribution or indemnification from, or otherwise involve any Grantor Party in any action, suit or proceeding which has been or could be brought by or against any of the Grantee Parties to the extent the same relates to or arises in any way out of the Property. IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has executed this deed this day of ______, 2015. GRANTOR: Greenfield Environmental Multistate Trust LLC, Trustee of the Multistate Environmental Response Trust 2 By: Greenfield Environmental Trust Group, Inc., Member By: Name: Marc Weinreich Title: Vice President ACCEPTED AND APPROVED BY GRANTEE, The County of Ouray, Colorado on this ____ day of __________, 2015, By: ____________________________________ Name: _______________________________ Title: _______________________________ ACKNOWLEDGMENT STATE OF ________________ ) ) SS: COUNTY OF______________ ) On this _____ day of ___________ 2015, before me, _____________________, a Notary Public in and for said State, personally appeared Marc Weinreich, known to me to be the person who executed the foregoing and acknowledged to me that he executed the same as Trustee for the Greenfield Environmental Multistate Trust LLC for the purposes therein stated. WITNESS my hand and official seal. Notary Public Signature My Commission expires: __________________________ ACKNOWLEDGMENT STATE OF ________________ ) ) SS: COUNTY OF______________ ) 3 On this _____ day of ___________ 2015, before me, _____________________, a Notary Public in and for said State, personally appeared ___________________________, known to me to be the person who executed the foregoing and acknowledged to me that he/she/they executed the same on behalf of Grantee for the purposes therein stated in their capacity as _______________________. WITNESS my hand and official seal. Notary Public Signature My Commission expires: __________________________ 4 To be ImllJlllifled 0' e·",ail. Attachment 2 QUITCLAIM DEED THIS DEED, made this __ day of , 201~Q, between Greenfield Environmental MuItistate Trust LLC, not individually but solely in its representative capacity as Trustee of the Multistate Environmental Response Trust, whose address is 1928 Eagle Crest Drive, Draper, Utah 84020, hereinafter called "Grantor", and lfie-Ouray County Iliiilorical Society, lAC., hereinafter called "Grantee". WITNESSETH, that the Grantor, for and in consideration of the sum of Thirty-Thousand, Six­ Hundred and Eighty-Nine DOLLARS ($30,689.00) paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby 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 patented mining claims and related real property described below situated in the County of Ouray, State of Colorado (the "Property"). The Property is being transferred "as is, where is" and with all faults. Grantor makes no representations, warranties or guaranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, title, habitability or fitness for a particular purpose, each of which are hereby expressly disclaimed. The claims are within Township 42 North and Range 7 West, New Mexico Principal Meridian, within the Red Mountain Mining District, County of Ouray, State of Colorado. Individual Claims Little Mona. U.S.M.S 4639 Mona's Oueen. U.S.M.S 4639 I The patented mining claims herein conveyed contain a total of 15.34 acres, more or less. 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 Grantor, either in law or equity, to the only proper use, and

Load more

  94

Copy Link