HomeMy WebLinkAbout770757 RESOLUTION
RE: RETURN OF GRAVEL EASEMENT TO THE PRESENT OWNER OF THE
SURFACE IN SECTION 21, TOWNSHIP 7 NORTH, RANGE 65 WEST,
WELD COUNTY, COLORADO.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, several years ago, Weld County acquired easements
on various parcels of land for gravel excavation purposes, and
WHEREAS, all needed gravel deposits have now been excavated,
and Weld County has no further use for this land, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado is of the opinion that it is in the best interest of
the County of Weld, to reconvey these easements to the present
owners of the surface, and thereby again placing the same on the
County tax rolls.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that said Board is authorized
to release forever and quit claim unto the present owners of the
surface thereto, the gravel easements located on a parcel of land
in Section 21, Township 7 North, Range 65 West. Said parcels
of land being more particularly described in the Quit Claim Deeds
attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED, by the Board of County Commissioners ,
that the Chairman of the Board of County Commissioners of Weld
County, Colorado, be, and hereby is authorized to execute said
Quit Claim Deeds.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 3rd day of
August, A.D. , 1977.
ATTEST: % � �J .�.. BOARD OF COUNTY COMMISSIONERS
CUA/I1. aAAA, -ci (eftta44.tr1/ D COUNTY, COLD DO
Weld County Clierk and Recorder -
and Clerk to the/Board
By._, v -,A < 1 �. j•-& /4"e" ,
G /f/a- - _ z c L
` - Deputy County Clerk -
AF32OyfD AS TO FORM:
County Attorney 4ja A
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Date Presented: August 22, 1977
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�,� No. 17 66.160
QUIT CLAIM DEED 07-/ �� � �
rl I KNOW ALL MEN BY THESE PRESENTS, that the County of Weld,
a subdivision of the State of Colorado, for good and sufficient
0•
consideration, hereby sells and quitclaims to THE pppgENT _
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OWNER OF THE SURFACE OF THE BELOW DESCRIBED REAL PROPERTY
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the present landowner, the following real property in the County
of Weld and State of Colorado, to-wit:
a
o` A tract of -
a, land situated in the Southeast Quarter (SE 1/4)
of Section 21, Township 7 North, Range es West of the
6th P.M., more particularly '�
ginning at a described as follows: be-
point on the west side of said SE 1/4 of•
-
Section 2I being the north boundary of the County
road;
west thence north along the side of said SE 1/ „f �County
Section 21 a distance of 265 fee * 4•;
with the north side of said S /thence Eons and parallel
E 1/4 of Section 21, a distance ".';
of 515 feet; thence South and parallel with the west side of
said SE 1/4 of Section 21, a distance of 265 feet; thence
west along said County road a distance of 515 feet to the �Iy;'.
point of beginning, containing 3. 13 acres, more or less. 1 ..
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with all its appurtenances. 1726•t6O
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-4-r The purpose of this instrument is to release any claim which '
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-� the County of Weld may have to remove gravel, sand and other
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road-making materials from the above-described property, those
rights having been g' anted to the County of Weld by virtue of
i an instrument recorded at Reception No. 1506151 in Book 584 ',
at Page , Weld County Records; and further to include the
property for assessment for tax purposes.
• IN WITNESS WHEREOF, said County of Weld acting by and through ` ^•
its Board of County Commissioners, has caused the corporate name '
: to be hereunto subscribed and its seal to be hereunto affixed and �•` . '
attested by the Weld County Clerk and Recorder this 3rd day of
August , A.D. , 1977.
.-
BEARD OF COUNTY COMMISSIONERS
ft WELB COUNTY, & Sn
ADO i.
If
ATTEST:�� LTa/ L_.�..K(62ztJi,,l /CO,,,, �
' Weld County lerk and Recorder / \
and Clerk to the Board / 'By: y
"Eputy ou t erk �'.-14/'• ' ise:.z al y .
c STATE CF COLORAD C LJ,/J�t GCii •
COUNTY OF WELD 1 S5' •�`• <. � •
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The foregoing instrument was acknowledged before MP this y
day oQ ,1, ,,,,{ , A.D. , 197.7, by June K. Steinmar�, Chairman of.
the Board of County Commissioners for the County of Weld and
attested by the County Clerk and Recorder. •
WITNESS my hand and official seal. it . '54;
My commission expires:L.,� , .j/97y _ •
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SIGN GRAVEL EASEMENT
ROAD DISTRICT #1
PAUL E. AND DON J. McCLURE:
WHEREAS, Road District #One has requested the Board to sign an
easement by and between Paul E. McClure and Don J. McClure, party of the
first part and Weld County, Colorado, party of the second part, conveying
the right to remove gravel, sand and road making materials for and in consid-
eration of Three Thousand One Hundred Thirty and no/100 Dollars ($3,130.00)
and
WHEREAS, the Board believes it to be in the best interests of the
County to sign said easement.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners
of Weld County, Colorado that the aforementioned easement be and the same is
hereby accepted and signed, a copy of which is attached and made a part of this
resolution.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote:
AYES //4/,•0 ;4 4f�7)/477 -{,f-�'� z:
s
HE BOARD OF COUNTY COMMISSIONERS
7
WELD COUNTY, COLORADO
DATED: JULY 12, 1967
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`S JUL 2 81967
n Zecorded aI. ��iJ'�3[Oo'c1ocR... _._.M
4 1506131 Ann 5 omen ROQQI E 9OpK Rec. No.—.-- G e 2— i /
W4DXh
EASEMENT
I THIS AGREEMENT, made this 5th day of July, A.D. 1967, by and
i1-4
n between PAUL E. McCLURE and DON J. McCLURE of Weld County, Colorado,
in
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'Co
a parties of the first part, and WELD COUNTY, in the State of Colorado, a
to
871
municipality, party of the second part:
Cap
es WITNESSETH: The parties of the first part, for and in consideration of
O Three Thousand One Hundred Thirty and no/100 Dollars ($3, 130.00), to first
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parties in hand paid by the party of the second part, the receipt whereof is
hereby confessed and acknowledged, do hereby bargain, sell and convey unto
ft
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Nthe party of the second part, its successors and assigns, the right to remove
all gravel, sand and road-making and building material which it shall be able
to remove from the following described lands, situate in the County of Weld
and State of Colorado, to-wit:
A tract of land situated in the Southeast Quarter (SE 1/4)
of Section 21 , Township 7 North, Range 65 West of the
6th P.M . , more particularly described as follows: be-
ginning at a point on the west side of said SE 1/4 of
Section 21 being the north boundary of the County road;
thence north along the west side of said SE 1/4 of
Section 21 a distance of 265 feet; thence East and parallel
with the north side of said SE 1/4 of Section 21, a distance
of 515 feet; thence South and parallel with the west side of
said SE 1/4 of Section 21 , a distance of 265 feet; thence
west along said County road a distance of 515 feet to the
point of beginning, containing 3. 13 acres, more or less.
Excavation will be limited to 18 feet deep. The right to
locate and operate materials handling and processing equip-
ment on the property is hereby granted.
The party of the second part agrees to not sell, load or
give any materials from this pit to any individual or firm.
Weld County, as a further consideration for this Deed and by acceptance
thereof, agrees that said tract of land shall be excluded from further assessment
for taxes; the first parties hereby granting to the party of the second part the
right to enter upon said lands at any time hereafter and to excavate and remove
therefrom all gravel, sand and earthen material which it shall find suitable to
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Mope P' 1506151
2-
to its needs, together with the rights and privileges incident to the proper
enjoyment thereof; also, granting to second party the right to remove any
machinery, equipment, buildings, improvements and/or group of improve-
ments erected or placed upon land by second party.
This instrument shall give no title to said land, and shall only give the
right to remove therefrom the part of the surface thereof as hereinabove
set forth . This contract shall be binding upon and inure to the benefit of the
heirs, administrators and assigns of the parties of the first part, and the
successors and assigns of the party of the second part.
:-6 %'.'2 iC:. ,E (SEAL)
Paul rE. McClure
' t72r . 7// e2[&-f-ZJ (SEA L)
Don J. cClure
STATE OF COLORADO )
) ss .
COlbM19 tbio,F WELD )
SAN ,,
, SctbsciWk and sworn to before me this 21 day of July, A.D . 1967.
'.' \\°TAR), ;�
i Kfrio-Qemmjssion expires: December 192 1970
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ACCEPTED: �y ., .o \
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WELD COUNTY, COLORADO ATTEST: nJ p,
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County Cl k
J� % /
Deputy County Clerk
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BOARD 0 COUNTY COMMISSIONERS
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- , . 17264119 MeV Mw a...a:q a.sr:.
QUIT CLAIM DEED c'/
KNOW ALL MEN BY THESE PRESENTS, that the County of Weld,
a subdivision of the State of Colorado, for good and sufficient
an
consideration, hereby sells and quitclaims to THE PRESENT
C'
UN OWNER OF THE SURFACE OF THE BELOW DESCRIBED REAL PROPERTY
the present landowner, the following real property in the County
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of Weld and State of Colorado, to-wit:
e
m A tract of land situated in the Southeast Quarter (SEA) of
Section 21 , Township 7 North, Bangs 65 West of the 6th
Principal Meridian, more particularly described as follows:
Commencing at the intersection of the East line cf slid
Section 21 and the centerline of the county road running
westerly, said point of intersection being 4,818.00 feet,
more or less, South of the northeast corner of said Section.
21 ; thence North 89° 50' West 2,401 .00 feet along the
centerline of said county road running •westerly; thence
North 1103.34 feet to the Place of Beginning; thence North
225.00 feet; thence East 466.66 feet; thence North 466.66
feet; thence East 30.00 feet; thence South 820.00 feet;
thence West 95.00 feet; thence North 45° 00' West 187.40
feet; thence West 266.00 feet to the Point of Beginning.
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P O 804
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with all its appurtenances. 02_01
The purpose of this instrument is to release any claim which
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en the County of Weld may have to remove gravel, sand and other
road-making materials from the above-describes property, those
rights having been granted to the County of Weld by virtue of
an instrument recorded at Reception No. 1390118 in Book 1625
at Page 443 , Weld County Records; and further to include the -
property for assessment for tax purposes.
IN WITNESS WHEREOF, said County of Weld acting by and through
its Board of County Commissioners , has caused the corporate name
to be hereunto subscribed and its seal to be hereunto affixed and
attested by the Weld County Clerk and Recorder this 3rd day of
August , A.D. , 1977,
BOARD OF COUNTY COMMISSIONERS
I COUNTY, COLORA "t
L
ATTEST: a� ._ �% �` J e K. Sternmark, Erman
Weld County lerk and Recorder /..,a, ,
and Clerk to the Board �� "( '
BY• 1'0." ��t rnm'2n-) r11' -� 4-.01:-..‘
r'�j
epu_ aunt Clerk i �+
STATE OF COLORADO j '\'/1• J
COUNTY OF WELD 11 SS' ` %
The foregoing instrument was acknowledged before me this .,,E3,t_ "'e
day of (2.,,,,„.t , A.D. , 1927, by June K. Stoinmark, Chairman of
the BoardJof County Commissioners for the County of Weld and
attested by t:ie County Clerk and Recorder. :
WITNESS my hand and off,4cial seal. f•*f,R.t•_• '0,,kp ^
My commission expires:t /979 �' J •. O
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Notar Public ,y r •
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TO SIGN CORRECTED EASEMENT WITH
S. C. McCLURE AND JESSE McCLURE:
BE IT RESOLVED, that the Board of County Commissioners, Weld County,
Colorado, hereby sign an easement, executed to correct the legal descriptions in
previous instruments recorded in Book 1612, Pages 618 and 619 and in Book 1613,
Pages 367 and 368, with S. C. McClure and Jessie McClure of Eaton, Colorado, for surface
gravel located in a plot of land in Section 21, Township 7 North, Range 65 West of the
6th P. M., Weld County, Colorado, more particularly described on the corrected easement
attached and made a part of this resolution, for the consideration of Four Thousand
Five Hundred Dollars ($4,500.00). Reference is hereby made to the records of the
Weld County Recorder, recorded in Book 1625, Page 442.
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote: ')
AYES: - Y , /1
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AHE BOARD OF CO ISSIONE S
DATED: SEPTEMBER 19, 1962 WELD COUNTY, COLORADO
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EASEMENT
THIS AGREEMENT , made this 18th day of April, A.D. , 1962, by
and between S. C. McCLURE and JESSIE L . McCLURE of Weld County,
Colorado, parties of the first part, and WELD COUNTY, in the State
of Colorado, a municipality, party of the second part :
WITNESSETH: The parties of the first part, for and in consid-
eration of Four Thousand Five Hundred and no/100 -- ($4, 500.00) --
Dollars , to first parties in hand paid by the party of the second
part, the receipt whereof is hereby confessed and acknowledged,
do hereby bargin, sell and convey unto the party of the second part,
its successors and assigns, the right to remove all gravel, sand
and road-making and building material which it shall be able to
remove from the following described lands, situate in the County
of Weld and State of Colorado, to-wit :
A tract of land situated in the Southeast Quarter (SEj) of
Section 21 , Township 7 North, Range 65 West of the 6th
Principal Meridian, more particularly described as follows :
Commencing at the intersection of the East line of said
Section 21 and the centerline of the county road running
westerly, said point of intersection being 4,818.00 feet,
more or less, South of the northeast corner of said Section
21 ; thence North 89° 50' West 2,401 .00 feet along the
centerline of said county road running westerly; thence
North 1103.34 feet to the Place of Beginning; thence North
225.00 feet; thence East 466.66 feet; thence North 466.66
feet; thence East 30.00 feet; thence South 820.00 feet;
thence West 95.00 feet; thence North 45° 00' West 187.40
feet; thence West 266.00 feet to the Point of Beginning.
Excavation will be limited to 18 feet deep. The right to
locate and operate materials handling and processing equipment
on the property is hereby granted.
The party of the second part agrees to not sell, load, or `F'
give any material from this pit to any individual or firm.
Weld County, as a further consideration for. this Deed and
by acceptance thereof, agrees that said tract of land shall be 0
excluded from further assessment for taxes; the first parties
t�.
hereby granting to the party of the second part the right to enter
upon said lands at any time hereafter and to excavate and remove
OD
therefrom all gravel, sand and earthen material which it shall
BOOK1625 PAGE443
•
find suitable to its needs , together with the rights and privileges
incident to the proper enjoyment thereof; also, granting to second
party the right to remove any machinery, equipment, buildings ,
improvements and/or group of improvements erected or placed upon
land by second party, and also upon that plot of land conveyed
by Easement recorded 7/23/57, Book 1482, Page 158, Weld County
Records.
This instrument shall give no title to said land, and shall
only give the right to remove therefrom the part of the surface
thereof as hereinabove set forth. This contract shall be binding
upon and inure to the benefit of the heirs, administrators , and
assigns of the parties of the first part, and the successors and
assigns of the party of the second part.
)/( 0 giii_e.2-9 (SEAL)
S. C. McClure
� �� ✓ � �� �� (SEAL)
Jessie L. McClure
STATE OF COLORADO )
) ss .
COUNTY OF WELD )
SEAL Subscribed and sworn to before me this -- day of
September, A. D. 1962.
Notary �yYY�
Public
My Commission expires
AN c iss oo expires Dtce�r+ver 2c. 1904
ACCEPTED:
WELD COUNTY, COLORADO ATTEST : -)t4cv &»Re-4,
County(6lerk
f � %/(i. 4_, f ///! : . -_:` X4144,/, `r
� BY: // � � ka
f Deputy County Clerk "*
i
S BOARD OF C COMMySIONERS all
�l
THIS INSTRUMENT EXECUTED TO CORRECT LEGAL DESCRIPTIONS IN PREVIOUS
INSTRUMENTS RECORDED IN BOOK 1612, PAGES 618 AND 619, AND IN
BOOK 1613, PAGES 367 AND 368.
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NELSON, HALEY, PATTERSON, and QUIRK
Engineering Consultants
TELEPHONE 2021 Clubhouse Drive
XXXXXICIXECNICERRECC
E Leis 2-BOJJ GREELEY. COLORADO
August 28, 1962
Mr. Sam Telep, Attorney
First National Bank Building
Greeley, Colorado
Dear Sam:
In response to your request we have made a survey of the property which the
County has as an easement for securing gravel located northeast of Eaton.
The legal description of the property owned by Sam C. and Jessie L. McClure
is accurate. This legal description is as follows.
Beginning 4,818.00 feet South; and North 89° 50' West 798.00
feet of the northeast corner of said Section 21; thence North
89° 50' West 1,603.00 feet; thence North 0° 12' East 1,820.00
feet; thence South 89° 00' East 1,402.00 feet; thence South
6° 11' East 1,810.60 feet to the Point of Beginning.
The legal description of the property which was secured by the County as an
easement and recorded in Book 1613 at page 367 should be as follows.
A tract of land situated in the Southeast Quarter (SE's) of
Section 21, Township 7 North, Range 65 West of the 6th
Principal Meridian, more particularly described as follows:
Commencing at the intersection of the East line of said
Section 21 and the centerline of the county road running
westerly, said point of intersection being 4,818.00 feet, more
or less, South of the northeast corner of said Section 21;
thence North 89° 50' West 2,401.00 feet along the centerline
of said county road running westerly; thence North 1103.34 feet
to the Place of Beginning; thence North 225.00 feet; thence
East 466.66 feet; thence North 466.66 feet; thence East 30.00
feet; thence South 820.00 feet; thence West 95.00 feet; thence
North 45° 00' West 187.40 feet; thence West 266.00 feet to the
Point of Beginning,
The tract of land shown on the enclosed plat which measures 466.66 feet by
466.66 feet (a square) is recorded in Book 1482 at page 158.
MUNICIPAL . HIGHWAYS . STRUCTURES . CIVIL
Mr. Sam Telep, Attorney - 2 - August 28, 1962
We are returning the easement agreement, plat, and other miscellaneous
information furnished us by}aur office. If you should have further
questions in regard to this legal description, do not hesitate to contact
me.
Very truly yours,
NELSON, HALEY, PATTERSON, and QUIRK
% 2da40,24_
Willard R. Quirk
WRQ/njd
Enclosures: Easement Agreement
Plat
Miscellaneous Information
g ,y cc- 8001(1613 GE307
8011d612 M x618
EASEMENT
THIS AGREEMENT , Made this 18th day of April, A.D. 1962 , by and
between S . C . McCLURE and JESSIE L . McCLURE of Weld County, Colorado,
parties of the first part , and WELD COUNTY, in the State of Colorado ,
a municipality, party of the second part :
WITNESSETH: The parties of the first part, for and in consid-
aeration of Four Thousand Five Hundred and no/1OO - -($4,500.00) - - -Dollars ,
Lt: to first parties in hand paid by the party of the second part, the
receipt whereof is hereby confessed and acknowledged, do hereby bar-
gin, sell and convey unto the party of the second part, its successors
and assigns , the right to remove all gravel, sand and road-making and
building material which it shall be able to remove from the following
described lands , situate in the County of Weld and State of Colorado ,
to-wit : f1`�(
A tract of land situated in the SE4 Sec. T7N, R65W, de-
scribed as follows : Beginning at a point 1103 .34 Ft. North
of the SW Corner of said SE4; thence North 225 ft; thence
East 466. 66 ft ; thence North 466 .66 ft; thence East 30 ft;
thence South 820 ft; thence N 45°W 187.4 ft ; thence West 266
ft . to the point of beginning . Said tract contains 3 . 5 acres ,
more or less.
Excavation will be limited to 18 ft . deep . The right to lo-
cate and operate materials handling and processing equipment
on the property is hereby granted.
The party of the second part agrees to not sell, load, or give
any material from this pit to any individual or firm.
Weld County, as a further consideration for this Deed and by ac-
ceptance thereof , agrees that said tract of land shall be excluded
m
from further assessment for taxes ; the first parties hereby granting cNr
a-
to the party of the second part the right to enter upon said lands at �'
any time hereafter and to excavate and remove therefrom all gravel, 0
U
sand and earthen material which it shall find suitable to its needs , ro
together with the rights and privileges incident to the proper enjoy-
ment thereof; also, granting to second party the right to remove any
ao
machinery, equipment, buildings , improvements and/or group of improve-
ments erected or placed upon land by second party, and also upon that L
A.,J u. 8 9 11 0 0 Z9iZ-AV$
a,0uK1613 PA6E368 8004612 PAGE619
-2-
plot of land conveyed by Easement recorded 7/23/57, Book 11+82 ,
Page 188, Weld County Records .
This instrument shall give no title to said land, and shall
only give the right to remove therefrom the part of the surface
thereof as hereinabove set forth. This contract shall be binding
upon and inure to the benefit of the heirs , administrators , and
assigns of the parties of the first part, and the successors and
assigns of the party of the second part .
. cz)V ` gL-c c-2 'Lc (SEAL)
S. C. McClure
e2� (SEAL)
Jessie L. McClure
STAPE. OF COLORADO)
) ss .
GOTi7N,rY OF WELD )
,SEAL Subscribed and sworn to before me this 44 day of
April, A.D. 1962.
Lt142 '7-01-ALL,
Notary Public
My Commission expires My Commission expires May 19, 1963
ACCEPTED:
WELD COUNTY, COLORADO) ATTEST :
County Clerk
-may
/ / � , - i
/ Deputy County C�ler.K
, % �j fG a r
TES BOARD OF COT NTY COMMISONERS
( ,k ,j,
This instrument re-recorded to correct legal description to read,
SE4 of Section 21 and not SE4 of Section 7
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TO SIGN EASEMENT WITH S. C. MCCLURE AND JESSIE MCCLURE:
BE IT RESOLVED by the Board of County Commissioners,
Weld County, Colorado, that they hereby sign an easement with
S. C. McClure and Jessie McClure of Eaton, Colorado, for
surface gravel located in a plot of land in Section X Township
7 North, Range 65 West of the 6th P. M. , Weld County, Colorado,
copy of which is attached and made a part of this resolution
for the consideration of Four Thousand Five Hundred Dollars
($4,500.00) . Reference is hereby made to the records of the
Weld County Recorder, recorded in Book , Page . •
The above and foregoing resolution was, on motion
duly made and seconded, adopted by the following vote:
AYES: a- �y��d . Ci k /4'fH' E BOARD OF COUNT' it COMMISSIONERS
:----/::•A . •(-..1.'_../6 ;1 - Z,,,,,- --4'. 2 •
)
DATED: April 25, 1962
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