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Home My WebLink About20073294.tiff RESOLUTION RE: ACCEPT GRANT OF PERMANENT EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - HOWARD AND IONE HALEY 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 has been presented with a Grant of Permanent Easement for Improvements to County Road 13 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Howard and lone Haley, 11302 Ebony Street, Firestone, Colorado 80504-5745, commencing upon full execution, with further terms and conditions being as stated in said easement, and WHEREAS, after review, the Board deems it advisable to accept said easement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Grant of Permanent Easement for Improvements to County Road 13 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Howard and lone Haley be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of October, A.D., 2007. BOARD OF COUNTY COMMISSIONERS a WEL OUNTY, COLORADO 1 / � 1 ' ' -O- l� C / ATTEST: .f -'1 t,, 4d "� zv,., c r ig6i # David E. Long, Chair Weld County Clerk to th j:o. r , 5_,.� Wililiw H. e, Pro-Tem BY:S 61�i�!a � V' � D: . ty CI•rk to the B.-:rd��' Wi am F. Garcia (� APPRE3 ED AS LX- Robert D. Masden ! �C unt torney ir fl/40-1 Douglas ademache Date of signature: 2007-3294 EG0056 OP PW, PL- I \ -a7-07 MEMORANDUM TO: Clerk to the Board DATE: 10/17/2007 • FROM: Leon Sievers, Right-of-Way Agent COLORADO SUBJECT: Agenda Item Grant of Permanent Easement with Howard E. and Ione D.Haley for improvements to WCR 13. M:AFrancieAAgend-Leon.doc I -?'l e.9 ZS :3 d 81 130 LC Se Nc;JJ ! iuo AINIIOG 2007-3294 GRANT OF PERMANENT EASEMENT (Howard E. Haley and Ione D. Haley -Weld County) This Grant of Permanent Easement is made by and between Howard E. Haley and Ione D. Haley, whose address is 11302 Ebony Street, Firestone, Colorado 80504-5745 (collectively referred to herein as "Owner") and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10`h Street, Greeley, Colorado 80631 ("County"). For good and valuable consideration of Five Hundred and no/100 ($500.00) dollars, the receipt and sufficiency of which are hereby acknowledged, Owner hereby grants, sells, assigns, conveys and quit claims to County a non-exclusive, perpetual easement, for the purpose of construction and maintenance of a roadway/irrigation culvert. The location of the easement parcel is described as follows: See Easement Exhibit "B" The Permanent Easement hereby conveyed is for the construction, operation and maintenance of said roadway/irrigation culvert. Upon execution of the Permanent Easement by Owner, County, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Permanent Easement for the daily operation, access and maintenance of said roadway/irrigation culvert. This conveyance shall be deemed to include sufficient land for the construction and maintenance thereof including rights of entry upon, passage over, deposit of excavated earth and storage of material and equipment on such area as may be necessary or useful for the construction, maintenance, cleaning out and repair of roadway/irrigation culvert. County reserves the right to transfer said Permanent Easement and the rights and interests conveyed herein, at any time. This Easement shall be binding upon, all and inure to the benefit of, and be enforceable by the parties, their successors and assigns. The Easement shall be governed and constructed in accordance with the laws of the State of Colorado. 11111111111111111111111111111IIII IN 111 111111111 IIII 3517133 11/13/2007 04:55P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page I of 2 page doo2-sa9y IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: OWNER: HOWARD E. HALEY, Owner IONE D. HALEY, Owner STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this t34-km day of OO0 r , 2007,- and Ione D. Haley, Owners xenCfsRiRfur tea« lev,enkt VVontjt mutt. -..,, . ., Witness my hand and official seal. Notary ublic V a r r y j �Ary My My Rithl��I fstione� z ' 09/19/2009 ;• ' . , aT ACCEPTANCE The Grantee hereby accepts this easement for the purposes set forth herein on this the &•� ad day of ©SOAPY , 2007 COUNTY OF WELD, STATE OF ATTEST: j.. ,c,a / /144 U f l '1, COLORADO, GRANTEE De ty Cl to the Bo � w` David E. Long, Chairm Board of County • •M"'c ?`t`, Commissioners of Wel ounty, Colorado OCT 2 2 2007 Page 2 of 2 page 111111111111 11111111111111 IIII 111111 3517133 11/13/2007 04:55P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder O2OO7—SR9'/ EXHIBIT B PROPERTY DESCRIPTION (1 of 2) A parcel of land, for easement purposes, being a part of that parcel of land described in that Quit Claim Deed (QCD) recorded July 9, 1975 in Book 743 as Reception No. 1664651 of the records of the Weld County Clerk and Recorder (WCCR), located in the Northeast Quarter (NE1/4) of Section Thirteen (13), Township One North (T.1N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6t P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The South Twenty-four and Fifty - Hundredths (24.50) feet of the North Fifty-four and Fifty - Hundredths (54.50) feet of the East Eighteen and Fifty - Hundredths (18.50) feet of said parcel of land described in said Reception No. 1664651. Said parcel contains 453 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. �� i�''''u 34• 5tW " 1 Steven A. : .,,; -. e'iehalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 11111111111111111111111111111 IIII 111111III 111111111IIII 3517133 11/13/2007 04:55P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\ESMT-I3-PROP-DESC.doc Last printed 2/19/2007 2:50 PM EASEMENT NEY4 SEC. 13, T.1 N., R.68W. (2 of 2) I_ _ I • - - - - H - •- - ` / / _ -- - / / NOTE: This exhibit drawing is not intended to be / / I / / a monumented land survey. It's sole purpose is / / as a graphic representation to aid in the / / visualization of the written property description / / I which it accompanies. The written property / �' description supersedes the exhibit drawing. I . J II II _ NORTH QUARTER CORNER II I --- SEC. 13, TAN", Rif!. - - — JI - - - - - - WELD COUNT YROAD NO.10 • NORTHEAST CORNER SEC. 13, T.1N., R.68W. - - - 30' R.O.W. PER WELD COUNTY 18.50' RESOLUTION OF 1889 453 sq.ft. .2450' I HOWARD H FL9LEY m iONS 12 1sL4LHV OI B743 NBC NCI 166462 C I I - - - - - - 30' RIGHT—OF—WAY I Q i PER ACCEPTED ROAD VIEWER'S REPORT �. I DATED 4-17-1884 100 50 0 100 RECORDED 4-18-1884 648 P109 150'PUBLIC SERVICE COMPANY or COLORADO �G� I —ELECTRIC EASEMENT.(11, 8572 IV 1"= 100' REC. NOS. 1494216 & 1494217) I , THERE IS AN EASEMENT TO AMOCO PRODUCTION I (� COMPANY FOR TRANSPORTATION OF O/L, ETC. /N I 'y THE M/2 or THE M/2 OF THE NEr/4 or SECTION 14 I is T.1N., P..88* LOCATION CANNOT BE DETERM/NED I FROM DEED.(8743 REC. NO. 1554541) 44L— THERE ARE EASEMENTS TO PANHANDLE EASTERN PIPE '`'J ; ° LINE COMPANY FOR TRANSPORTATION OF 0/4 GAS ] 1y,"* �.•----,_�6'r ETC. /N THE M/2 OF THE M/2 or THE M/2 OF I I �;' *.Nt1v k: SECTION 14 T1N., R.68*. LYING EAST OF UPRR ROY. a;'ti� �G •IC LOCATION CANNOT BE OETERM/NED FROM DEED.(8872 I Q REC. NO 1793622 & 8890 REC. NO. 181166.3) 4 crl EAST QUARTER CORNER_�� ;_ �� SEC. 13, T.1 N., R.68W. I �S ',Z.., Steven A. alf of King Surveyors, Inc. Colorado Regi rofessional Land Surveyor #34995 KING SURVEYORS, INC. PROJECT TE: T/NOO: 2007295 D650 Garden Drive I Windsor,Colorado 80550 CLIENT:EHU phone: (970) 686-5011 I fax: (970) 686-5821 DWG:ESMT—13—HALEY www.kingsurveyors.com DRAWN: MCD CHECKED: SAL 111111111111111111111111111111111111111 I I 1111111 l I l l I I l 3517133 11/13/2007 04:55P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello