HomeMy WebLinkAbout20072193.tiff RESOLUTION
RE: APPROVE ASSIGNMENT OF EASEMENT AND AUTHORIZE CHAIR TO SIGN -TOWN
OF WINDSOR
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 an Assignment of Easement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and the Town of Windsor, commencing upon full execution, with further terms and
conditions being as stated in said assignment of easement, and
WHEREAS, after review, the Board deems it advisable to approve said assignment of
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 Assignment of Easement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the Town of
Windsor be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said assignment of easement .
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 1st day of August, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
1E�OUN�,�LQRADO
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ATTEST: ataki
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a� E. Long,
� ' � � Chair
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Weld County Clerk to the Boar. "per -�
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BY:
Deputy CI- to the Board
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APPR AS M: •(j\�
Robert D. Masden
un Attorney �iar
Date of signature:
9�f S� Douglas ademach
2007-2193
BC0024
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226
ASSIGNMENT OF EASEMENT
FOR GOOD AND VALUABLE CONSIDERATION, in hand paid, the COUNTY OF
WELD, a political subdivision of the STATE OF COLORADO, by and through the Board of
County Commissioners of the County of Weld, whose address is P.O. Box 758, 915 10th Street,
Greeley, Colorado 80632, hereinafter referred to as "Assignor,"hereby assigns to the TOWN OF
WINDSOR, a municipal corporation of the STATE OF COLORADO, hereinafter referred to as
"Assignee," all of Assignor's right, title and interest in and to an easement to construct, operate,
maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove at trail for pedestrian
and non-motorized vehicular traffic, and for police, emergency, and motorized vehicles, on,
under, and across property described and shown in a document entitled, "Poudre River Trail
Grant of Easement,"hereinafter referred to as "the Grant,"recorded on January 11, 2006, at
Reception Number 3354268 in the office of the Weld County Clerk and Recorder. This
Assignment is made necessary by virtue of Assignee's annexation of said property into
Assignee's boundaries. The easement thus assigned shall be subject to all of the terms and
conditions set forth in the Grant, including,but not limited to, those set forth in the Donation of
Easement for Poudre River Trail, recorded July 9, 2004, at Reception Number 3197488 in the
office of the Weld County Clerk and Recorder.
Done this 1st day of August, 2007.
ATTEST: �7 Q/� '`N E L � C TY OF WELD, a political
61 1' '�.ub&vision of the State of Colorado
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Deputy Clerk to the Bo�j , �,David E. Long, Chairma , Board of County
�► Commissioners of Wel County AUG 01 2007
STATE OF COLORADO
County of Weld )ss.
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The forgoing instrument was acknowledged before me this te day of August, 2007, by
David E. Long, Chairman, Board of County Commissioners of Weld County, Colorado.
Witness my hand and official seal.
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349522 2007-2193
1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
July 27,2007
RE: Poudre Trail Easements.
Dear Mr. Barker,
The Town of Windsor has recently been contacted regarding an ADA accessibility issue on the Poudre
Trail. A double gate has been in place for several years to slow trail traffic crossing the mining
operation run by Hilltop Aquatic. The configuration of the gates is too difficult for full accessibility. The
Town of Windsor has made contact with Tom Donkle who is heavily involved with the mining operation,
he has stated that the gates can come out or be left open, however I requested something in writing
and that is when we found that the easement agreement is with Weld County. The Town of Windsor
would like to request that we receive authority to act on behalf of the county or for the easement to be
transferred to the Town of Windsor since this piece of property has been annexed into the Town of
Windsor.
Thank you for your time and consideration in resolving this issue.
Sincerely,
Wade Willis
Town of Windsor
Parks and Open Space Manager
301 Walnut Street
Windsor CO, 80550
970-674-2434
1
Bruce Barker
From: Bruce Barker
Sent: Monday, July 09, 2007 2:35 PM
To: 'Wade Willis'
Cc: Melissa Chew
Subject: RE: Trail Easement
Previous e-mail is good.
Original Message
From: Wade Willis [mailto:wwillis@windsorgov.com]
Sent: Monday, July 09, 2007 2 :12 PM
To: Bruce Barker
Cc: Melissa Chew
Subject: RE: Trail Easement
This looks great Bruce, do I need to send you a formal letter on
letterhead, or does the previous e-mail suffice?
Thanks,
Wade T. Willis
Town of Windsor
Parks and Open Space Manager
301 Walnut Street
Windsor, CO 80550
Ph: 970-674-2434
Fax: 970-674-2456
wwillis@windsorgov.com
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Friday, July 06, 2007 1:30 PM
To: Wade Willis
Subject: RE: Trail Easement
Wade:
See the attached. Please let me know if this will work.
Bruce Barker
Weld County Attorney
Original Message
From: Wade Willis [mailto:wwillis@windsorgov.com]
Sent: Tuesday, July 03, 2007 4 :17 PM
To: Bruce Barker
Subject: RE: Trail Easement
Would it be Hilltop Aquatic Investments or Raindance Aquatic
Investments? Those are the only names I know of.
Thanks,
Wade T. Willis
Town of Windsor
Parks and Open Space Manager
301 Walnut Street
Windsor, CO 80550
Ph: 970-674-2434
7/27/2007 3:39 PM
2
Fax: 970-674-2456
wwillis@windsorgov.com
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Tuesday, July 03, 2007 2 :55 PM
To: Wade Willis
Subject: RE: Trail Easement
Wade:
This property had a name associated with it, but I cannot remember what
it was. Something Aquatics? The reason is that we file according to
name. If I have a name I can start with, I can find the agreement and
conveyance, then decide how to best accomplish the transfer.
Bruce.
Original Message
From: Wade Willis [mailto:wwillis@windsorgov.com]
Sent: Tuesday, July 03, 2007 8 :26 AM
To: Bruce Barker
Subject: Trail Easement
Bruce,
This is the letter we discussed last week regarding the transfer of the
trail easement. Please let me know if you would like to see any
changes prior to sending it out on official letter head.
Thank you for your time and efforts.
Wade T. Willis
Town of Windsor
Parks and Open Space Manager
301 Walnut Street
Windsor, CO 80550
Ph: 970-674-2434
Fax: 970-674-2456
wwillis®windsorgov.com
7/27/2007 3:39 PM
Hello