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HomeMy WebLinkAbout20061668.tiff RESOLUTION RE: APPROVE RIGHT-OF-WAY GRANT AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 Right-of-Way Grant from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,to the City of Greeley, with terms and conditions being as stated in said grant; said property being described as part of the NE1/4 of Section 6, Township 5 North, Range 65 West of the 6th P.M., Weld County,Colorado,and being further described in ExhibitAof said Right-of-Way Grant,which is attached hereto and incorporated herein by reference, and WHEREAS,after EREAS,after review,the Board deems it advisable to approve said Right-of-Way Grant, 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 Right-of-Way Grant from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,to the City of Greeley,be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Right-of-Way Grant and all related documents. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 21st da of June, A.D., 2006. ,I`+, I . I. /�J BOARD OF C UNTY COMMISSIONERS *;, N. WELD COU Y, COLORADO ATTEST: ELI,ii , s(;:yn. — y':Y I & 'eile, r Weld County Clerk to th_ Ain,,..: ' f S` 7 F• eCC David E. Long, Pro-Tem BY: ' �1",&1 ( C C4GL De ty Cle to the Board EXCUSED Will. m H. Jerke APPR AS T Robert D. as n C orney GI nn Vaa Date of signature: �I 3k(e 2006-1668 PR0028 cc : eA- (se) Gee tLty D7-.16-O.e. DEPARTMENT OF PUBLIC WORKS "An APWA Accredited Public Works Department" ENGINEERING DIVISION � r 1001 9'h AVENUE,GREELEY, COLORADO 80631 ' (970)350-9881 FAX: (970)3364142 "WE CARE" May 23, 2006 In Mr. Bruce Barker MAY 2 6 Weld County Attorney ---- 915 10th Street WELD ATTORNEY'S+0FFICE Greeley, CO 80632 Dear Mr. Barker: This letter is a follow-up to the March 8, 2006, Intergovernmental Agreement between Weld County and the City of Greeley for Construction, Maintenance, and use of Parking Lot Facility. The parking lot improvements are for the County's Social Services facilities on North 11 Ave. As part of this agreement,the County agreed to dedicate to the City the necessary right-of-way for North 11th Ave. improvements. Enclosed are the following documents related to the dedication: • Right-of-Way Grant (prepared by Stacey Aurzada, Assistant City Attorney) • The Legal Description(two pages) • A sketch showing distances to the Social Services facilities (for reference only) Please review the information provided. Call me at 970-336-4156 with any questions you may have regarding the City's acquisition of the needed additional right-of-way. Sinceyly, J Briggs` Project Manager City of Greeley Public Works Department fbjp c: Division Correspondence File Stacey Aurzada, Assistant City Attorney SERVING OUR COMMUNITY • IT'S A TRADITION We promise to preserve and improve the quality of life for Greeley through timely, courteous and cost effective service. 2006-1668 1� RIGHT-OF-WAY GRANT KNOW ALL MEN BY THESE PRESENTS that the COUNTY OF WELD, a political subdivision of the STATE OF COLORADO,whose address is 915 10th Street,P. O.Box 758, Greeley, CO 80632, hereinafter referred to as AGrantor,@ hereby grants and conveys to the City of Greeley, Colorado, a municipal corporation(hereinafter referred to as AGrantee@), a permanent easement for street Right-Of-Way for the purposes hereinafter set forth. The Right-Of-Way is legally described as follows: See Exhibit AA@ attached hereto (legal description prepared for the City of Greeley Public Works Department). The Grantor does hereby grant and convey to the Grantee said permanent easement for the construction and installation of street improvements, including but not limited to,pavement,curb and gutter, sidewalk, and all attendant improvements. The permanent Right-Of-Way hereby granted shall entitle the Grantee, its successors and assigns to install, lay, construct and maintain the aforementioned improvements, including all appurtenances thereto. The permanent Right-Of-Way shall also permit uses clearly incidental to the granted use for street purposes. The Grantee shall fill in all trenches and restore the property not used for street improvements to the original ground surface cover, and will haul away from the Grantor=s premises all rock and debris resulting from the exercise of the rights hereunder. Additionally, Grantor does hereby grant to Grantee a temporary construction easement and Right-Of-Entry for the construction and installation of the improvements named herein, and shall include the right to ingress and egress over and across Grantor=s property to the extent reasonably necessary to exercise and accomplish the above purposes. This Right-Of-Way Grant shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals on this 21st day of June, 2006. 1 GRANTOR: ATTEST: Litiitia' COUNTY OF WELD, a political subdivision County Clerk to the Board the STATE OF C ORADO: By '•iLi ( /, uty Cl k to t ie B d MTh . J. eile, Chairman fiCe. =A irBoard of County Commissioners of the County of Weld 06/21/2006 111111111111 1111 1111111 1111 11111 111111 III 11111 1111 JIII 3404114 07/19/2006 02:30P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 42310 East Prospect Fort Collins, CO 80525 ph: 970.484.7477 fa: 970.484.7 488 LEGAL DESCRIPTION www.tec-engrs.com CITY OF GREELEY- 11TH AVENUE A PART OF THOSE PARCELS OF LAND DESCRIBED AT RECEPTION NUMBER 3312109 AND RECEPTION NUMBER 1964454, WELD COUNTY RECORDS, AND A PART OF THE VACATED ALLEY LYING SOUTH OF LOT 3, BLOCK 25, ACCORDING TO THE RECORDED PLAT OF CLAYTON PARK SUBDIVISION, WELD COUNTY RECORDS, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF GREELEY, COUNTY OF WELD, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF LOTS 1, 2,AND 3, BLOCK 25, ACCORDING TO THE RECORDED PLAT OF CLAYTON PARK SUBDIVISION,WELD COUNTY RECORDS, IS ASSUMED TO BEAR S00°00'58"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 5.00 FEET OF LOT 25, BLOCK 25 OF SAID SUBDIVISION; THENCE S89°59'02"W ON THE SOUTH LINE OF SAID NORTH 5.00 FEET A DISTANCE OF 25.00 FEET; THENCE N00°00'58"W A DISTANCE OF 574.94 FEET TO THE NORTH LINE OF SAID RECEPTION NUMBER 1964454; THENCE N45°00'00"W A DISTANCE OF 28.29 FEET; THENCE N00°00'58"W A DISTANCE OF 30.05 FEET TO THE NORTH LINE OF SAID RECEPTION NUMBER 1964454; THENCE N89°59'02"E ON SAID NORTH LINE A DISTANCE OF 45.00 FEET TO THE NORTHERLY PROJECTION OF SAID EAST LINE; THENCE S00°00'58"E A DISTANCE OF 625.00 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 0.377 ACRES (16,426 SQUARE FEET, MORE OR LESS). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. LEGAL DESCRIPTION STATEMENT: I, RICHARD W. PALS, A REGIS „,,,I LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOV J.. `�u gig .PTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RE-"01 ISLE, 'r•E, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION 7 ELIEF, IS 'o eicr PQ W OALtF9'.;2 'f, c.) pl i ---k-...--c,3,..._ d' 31938 v,; c a /L'>_f Lb(-, 1. RICHARD W. PALS, R ? RED LA,f)4O$ fVEYOR COLORADO NO. 31938 d:51/0 , SJQ_ FOR AND ON BEHALF OF' te OM* cr."ING COMPANY ti M' 11111111111 VIII 1111111 IIII 11111 LIII VIM 111 IIII I /1 3404114 07/19/2006 02:30P Weld County, CO 04073ex11.doi 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder _,.nalosi —........-44/404--; , r THE ENGINEERING COMPANY File: I:\2004 Survey\0407310 NAVDBB\dwg\Exhibit\04073ex11.dwg Layout = E%11 Acad Rel 16.0 Last Plotted on: May 22 2006 01:43:40 PM BLOCK 180 LOT 17 N89'59'02"E 45.00' CITY OF GREELEY ORIGINAL LOT LINE SHOWN FOR CITY OF _— DEED DESCRIPTION GREELEY REFERENCE ONLY N00'00'58"W 30.05' C STREET T 1 1 — N45'00'OO"W 28.29' I LOT 1 I BLOCK 33 I I CLAYTON PARK LOT 5 LOT 4 I LOT 2 I LOT 3 1 J L __— T 1 F I LOT 24 I WELD COUNTY ___ RECEPTION NO. 1964454 LOT 22 LOT 23 I LOT 25 I BLOCK 33 I— __ . I CLAYTON PARK I LOT 26 1 J L ___ N00.00'58"W 574.94'-// PROPERTY LINE—""if B STREET 1 F __ I LOT 1 00 p I BLOCK 25 11 N CITY OF ICLAYTON PARK W GREELEY ILOT 2 m w I Q I WELD COUNTY O in M 'RECEPTION NO. 3312109 m o - I (N O or 3 < o X J I 0]N 1 1 ___ N I LOT 24 I- AIMLOT 25 CITY OF CITY OF GREELEY _ BEGINNING Cr GREELEY RECEPTION NO. 2576035 LOT 26 S89'59'02"W BLOCK 25 25.00' CLAYTON PARK A STREET THE ENGINEERING COMPANY AND SURVEYOR OF RECORD DO NOT EXPRESS NOR IMPLY ANY WARRANTY WITH THIS DRAWING. THIS DRAWING - DOES NOT REPRESENT A MINN MONUMENTED SURVEY AND IS ONLY 0 50 100 150 200 INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. Scale: 1 "=100' T' " • ' WELD COUNTY R. 111111 VIII VIII 1111111 'III I'I'I 111111 III VIII 'III 'III PROPOSED OF G EELLEY WAY 3404114 07/19/2006 02:30P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder VBI tt 1 ) u I yl. WgkP co. y.y .� ��P U Q,)lt,Si^61 i 33.0' 01-) P tta� e Stow i vas- j 3 VB eitriC Q Uri-) G rr 4G�u" @apse c.o.^ gaffer 111111111111111111111111 IIII 11111111111 III 11111 IIII IIII 3404114 07/19/2006 02:30P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello