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RESOLUTION
RE: APPROVAL OF RIGHT-OF-WAY AGREEMENT BETWEEN THE STATE OF
COLORADO AND WELD COUNTY AND AUTHORIZATION FOR THE CHAIR-
MAN TO SIGN
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 , the Board of County Commissioners has been pre-
sented with a Right-of-Way Agreement between the State of Colo-
rado, State Board of Land Commissioners, and Weld County, and
WHEREAS, said Right-of-Way Agreement concerns land to be
used for a road maintenance site located in the NEO NWo, Section
16, Township 11 North, Range 58 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, after review, the Board deems it advisable to
approve said Right-of-Way Agreement, a copy being attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the Right-of-Way Agree-
ment between the State Board of Land Commissioners and Weld
County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 30th day of
May, A.D. , 1984.
•
BOARD OF COUNTY COMMISSIONERS
ATTEST: t �� WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Bo 1Iorman Carlson, Chairman
• EXCUSED DATE OF SIGNING-AYE
De uty County lerk Ja ��u/ e��line Johnson, Pro-Tem
APPROVE AS TO FORM: !f'r(.v�
GGene R. Brantner
County Att rney Cfiuckr Carls n
i
21171:1I--) T ''' 7-2,.4--s T. Martin
LHR 403
L.0O1LP ee , t , , • a.. scosso
I
Document Number 0758D
RIGHT OF WAY NO. 2542. Book 25
1 . THIS INDENTURE, Made this 21st day of September 1983,
between the STATE OF COLORADO, acting by and through the STATE BOARD
OF LAND COMMISSIONERS, party of the first part, and WELD COUNTY,
P.O. Box 758, 915-10th Street, Greeley, CO 80632, party of the
second part;
WITNESSETH
2. WHEREAS, Party of the second part has made application
to the said Board of Land Commissioners for a right-of-way over,
upon, under and across the surface of certain portions of school
lands as hereinafter described for the purpose of constructing,
reconstructing , operating and maintaining a county road maintenance
site, and
3. WHEREAS, Said State Board of Land Commissioners has,
in manner and form as provided by statute granted such right-of-way
for the purpose aforesaid and none other, upon the terms and
conditions set forth herein, and has duly authorized the proper
officers of said State to execute this indenture:
4. NOW, THEREFORE, THESE PRESENTS WITNESSETH, That the
said party of the first part, in consideration of the premises, and
in the further consideration of the sum of Six hundred and no/100
dollars ($600. 00) , lawful money of the United States, by second
party to first part in hand paid, the receipt whereof is hereby
confessed and acknowledged, has granted and by these presents does
grant unto the party of the second part, its successors and assigns,
a right-of-way for the purpose of constructing, reconstructing,
operating and maintaining a public road over, upon, under and across
the surface of those certain portions of school lands, described as
follows :
- 1 -
In the Northeast One-quarter
of the Northwest One-quarter
(NE 1/4 NW 1/4) of Section Sixteen
(Sec. 16) , Township Eleven North
(T. 11 N. ) , Range Fifty-eight West
(R. 58 W. ) , of the Sixth Principal
Meridian (6th P.M. ) , Weld County,
Sate of Colorado;
Being a right-of-way for a
road maintenance site , described
by metes and bounds as follows;
Beginning at a point on the
North boundary of said Sec. 16,
which point bears North
900 00' 00" East a distance of
1630 feet from the Northwest
corner of said Sec. 16 ;
Thence continuing North 900
00' 00" East along said North
boundary a distance of 300 feet to
a point;
Thence South 000 00 ' 00"
West a distance of 300 feet to a
point;
Thence South 900 00' 00"
West a distance of 300 feet to a
point
Thence North 000 00' 00"
East a distance of 300 feet to the
point of beginning .
Containing 2.07 acres, more
or less.
- 2 -
5. This grant is made with the understanding that the grantee
must construct a public highway adequate to this grant within two
years from date hereof , failing in which this grant shall be subject
to cancellation at the option of the party of the first part . If the
party of the first part agrees to extend such construction period, it
is understood by the parties hereto that the party of the first part
may fix additional consideration based on a reappraisal of said
right-of-way at the time of completion of construction of said
facilities .
6. Reserving, however, to the State of Colorado, all rights to
any and all minerals, ores, and metals of any kind and character, and
all coal , asphaltum, oil, gas, geothermal resources, or other like
substances in or under said land.
7 . This grant of right-of-way is made subject to any and all
easements and rights-of-way heretofore legally obtained and now in
full force and effect, if any there be.
8. This right-of-way does not grant permission, express or
implied, to the party of the second part , for water exploration,
drilling, or establishing water wells, without formal permission of
the party of the first part . If the party of the second part shall
establish any water right on State land, for any use on or off State
land, such right shall be, and remain, the property of the party of
the first part .
9. The party of the second part in accepting this deed,
covenants, and agrees to construct and maintain upon and adjacent to
said right-of-way hereinabove described, such fences, culverts and
subways as shall or may in the opinion of the State Board of Land
Commissioners be necessary to the proper use and enjoyment of the
lands adjacent thereto.
10. IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the
parties thereto that this grant of right-of-way is made for the sole
and only purpose of a public highway as hereinabove described and for
no other purpose whatsoever, and in the event that the party of the
- 3 -
ftr
second part, its successors and assigns, shall at any time use or
attempt to use the said described parcel of land for any other
purpose whatsoever than the hereinabove set forth, or shall abandon
or discontinue the use of the parcel of land hereinabove described,
as and for the purpose of this grant, or shall fail or refuse to
comply with any of the terms or conditions hereof, then this grant
shall become void and of no effect, and all rights hereunder granted
to the party of the second part shall immediately terminate.
11 . In the event that the facility or facilities for which this
right-of-way is granted are to be enlarged, replaced, relocated, or
added to in the future, the party of the second part shall advise the
party of the first part of such change and furnish surveys, plats and
descriptions of the change to the party of the first part .
Additional consideration, commensurate with the damage to the value
1
of the State land, may be required, as determined by the first party.
12. IN WITNESS WHEREOF, The party of the first part has caused
these presents to be executed in its name and in its behalf by the
State Board of Land Commissioners, and has caused the seal of the
State Board of Land Commissioners to be hereunto affixed by said
Register of said State Board of Land Commissioners on the day and
year first above written.
STATE OF COLORADO
BOARD OF LAND COMMISSIONERS
`` `eter- (2-4 .a
Chairman, Board of Count' Commissioners
ATTEST:? o ,assen
WELD COUNT1ly �y- President
CLERK
EE11(( AjD RECORDER
AND CL K TO THE ARp CN
Greee
Deputy County Clerk Register
Engineer
ROW Appl . No. 83/420
Proofed jh
PIAA)ED • TRACTEQ .
- 4 fir. .DATP. y
•Co.t missionsn •?A'1'1r _ ANTHONY SABATI NI
ROWENA ROGERS Administrator
WM H CLAIRE 5. - THOMAS E.BRETZ
TOMMY NEAL Minerals Director
If • ROBERT L.HAPGOOD
BOARD OF LAND COMMISSIONERS Chief Accountant
Department of Natural Resources
620 Centennial Building
1313 Sherman St.,Denver,Colorado 80203
(303)866.3454
•
May 18, 1984
Weld County
P.O. Box 758
915 - 10th Street
Greeley, CO .80632
Gentlemen:
Re: Right-of-Way No. 2542-25
We are enclosing the original and duplicate copies of Right-of-Way No.
2542-25, issued to Weld County, for a county road maintenance site per
plats and description submitted. This right-of-way does not allow the
placement of a trailer home on the site, although it may be permitted
at a later date by separate request for a lease.
Please have the individual(s) who is authorized to act for Weld County,
sign both copies, retain the original, and return the duplicate to us
for our records.
Your prompt attention to this matter will be appreciated.
Very truly yours,
STATE BO OF COMMISSIONERS
igen
William J. Ki lip II
Engineering-R/W Coordinator
WJK:jah
Enclosures
?r;,. �l✓ : %oG
`STATE OF COLORADO
BOARD OF LAND COMMISSIONERS Department of Natural Resources
620 Centennial Building OF'CO-LO
1313 Sherman St., Denver,Colorado 80203 q`4 '•; 2y
(303) 866-3454 t� ' —dm .I_
1876
Commissioners
ROWENA ROGERS
April 4, 1986 TOMMY NEAL
JOHN S.WILKES III
Weld County
P.O. Box 758
915 10th Street
Greeley, CO 80632
Gentlemen:
Re: Right-of-Way 2542, Book 25
In reviewing our records we find that Weld County has not
returned the signed duplicate copy of Right-of-Way 2542,
Book 25 for your grader shed and maintenance shop on a portion
of state land in Section 16, T. 11 N. , R. 58 W. along Weld
County Road 130. This document was forwarded to you on May
18, 1984.
We ask that you research this matter and return the signed
duplicate as soon as possible that we may close our files
on this matter.
Very truly yours,
STATE BOARD O LAND COMMISSIONERS
Wi ham . Kill p II
Engineering-R/W Coordinator
WJK:jah
ANTHONY SABATINI THOMAS E.BRETZ ROBERT HAPGOOD
Administrator Minerals Director Deputy Register
•
st/I
MARY ANN FEUERSTEIN
OFFICE OF WELD COUNTY CLERK AND RECORDER
DEPARTMENT OF CLERK TO BOARD
PHONE (303) 356-0000 EXT Z7�S
c P.O. BOX 6459
31
G REE LE Y, COLORADO 80631 �!
!II
LORADO
STATE OF COLORADO )
) ss
COUNTY OF WELD )
RE: Approval of Right-of-Way
Agreement between the State of
Colorado and Weld County and
Authorization for the Chairman
to Sign
I, Mary Ann Feuerstein, County Clerk and Ex-Officio Clerk of
the Board of County Commissioners in and for the County of Weld,
State of Colorado, do hereby certify that the above and foregoing
Resolution is truly copied from the records of the proceedings of
the Board of County Commissioners of said Weld County, now in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of said County, at Greeley, Colorado, this 11th day of
April, A.D. , 1986.
CLE 4-4
COUNTY
BY: i � il/t�� WEDeputy County
SEAL
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