HomeMy WebLinkAbout20021374.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR
TO SIGN NECESSARY DOCUMENTS - DOUGLAS TIEFEL
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 Agreement Concerning the
Purchase of Right-of-Way for Certain Improvements to Weld 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 Douglas Tiefel,
P.O. Box 17130, Boulder, Colorado 80308-0130, with terms and conditions being as stated in
said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement Concerning the Purchase of Right-of-Way for
Certain Improvements to Weld 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 Douglas Tiefel, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents.
de," AV(2eem) 7.'e fe/ 2002-1374
EG0046
RE: AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 13 - DOUGLAS TIEFEL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
�/ �� �,�,�� iL eeSx
ATTEST: FLAW/��(/�',-n'v�����
, . '\ Gle Vaad, Chair
Weld County Clerk to the ar a�'' _ •
Tsai
. . 41' /I
tC avid E. g, Pro-Tern
BY: . df•:t.,gin i �*" �
Deputy Clerk to the Bo% T'>'
M. J. eile
APPROVED AS TO FORM: 444s ,)tiLs
William /�Jerrkk(e,
/ .Co unty A to H
ey l�l r 1��Vti
obert D. Masden
Date of signature: V/
2002-1374
EG0046
190 AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 13 BETWEEN DOUGLAS A. TIEFEL AND WELD COUNTY,
COLORADO
ih
THIS AGREEMENT is made this 7-,O day of WVCS , 2002 by and between
Douglas A. Tiefel, whose address is PO Box 17130, Boulder, Colorado 80308-0130, hereinafter
referred to 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 10th Street,
Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, and
WHEREAS, Owner owns the property described in the attached Exhibit "A" , hereinafter
referred to collectively as "Right-of-Way", and
WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and
improvement project, and
WHEREAS, said rebuilding and improvement project involves the construction and
realignment of said roadway, and
WHEREAS, Owner wishes to cooperate with County in said road improvement.
NOW, THEREFORE, the parties herein agree as follows:
1. Owner agrees to Grant the Right of Way and County agrees to Accept the Right-of-
Way shown and/or described on Exhibit"A",attached hereto and hereinafter referred
to herein as the "Right-of-Way". Owner has been advised that Owner could receive
just compensation for said Right of Way, but wishes to donate said Right of Way
and does not wish to receive compensation.The just compensation was being offered
in lieu of condemnation
2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and
clear of all encumbrances, except existing easements.
Page 1 of 3 Pages
Ilillll III lit " "
kL(!VL!'UJ,LJh'11:43A Weld C of 5 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
0200.2-/37i
3. County agrees to pay the costs of title insurance and recording fees, if necessary as
determined by County.
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein,
and no oral representation,promise,or consideration different from the terms herein
contained shall be binding on either party, or its agents or employees, hereto. This
Agreement embodies all agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery
of the documents of conveyance,it is expressly agreed by the parties hereto that upon
execution of this Agreement by County and Owner, County, its contractors, agents,
employees, and all others deemed necessary by County shall have the irrevocable
right to possess and use all of the Right-of-Way for the purpose of said rebuilding
and improvement project.
6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title
thereto against all claims.
7. General taxes for the year 2002 for the Right-of-Way shall be apportioned to the date
of delivery of the deed based on the most recent levy and the most recent assessment.
Owner represents and warrants that all general taxes levied prior to such year have
been paid in full by Owner.
8. Owner agrees to Grant to County, its successors and assigns, a Temporary
Construction Easement,as shown and/or described as Easement Exhibit"A"attached
hereto and herein after referred to as Easement, free and clear of all encumbrances,
except existing easements. Owner has been advised that Owner could receive just
compensation for Temporary Construction Easement but wishes to donate said
Temporary Construction Easement to County and not receive just compensation.
9. Owner to construct a temporary crossing over Saint Vrain Creek. The cost of
construction, maintenance and removal of said crossing is the responsibility of the
Owner. Owner shall obtain all necessary permits, including but not limited to Corp
of Engineers Nation Wide Permit.County will reimburse Owner Two Thousand Five
Hundred and no/100 ($2500.00) dollars for obtaining necessary permits.
Page 2 of 3 Pages
1111111111111111111 ll1111111111111 lull 111 lull 11111111
2959190 06/07/2002 11:43A Weld County, CO
2 of 5 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend
to and be binding upon the heirs,executors,administrators,successors,and assigns of the respective
parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
E +—
Douglas A. Tiefel, Owner
TAX ID NUMBER:
521- &6-SsS7
ATTEST: ta il �� BOARD OF COUNTY COMMISSIONERS
h �9 �//�� OF WELD COUNTY, STATE OF
E � COLORADO
Weld County Clerk to the B S d
11861 ,F/}/,'7'^{��///�//%%,n�/�r/,'.,'' �//////1J (�
By: BY:
Deputy Clerk to the Bo C/N Glenn Vaad, Chairman(A5/a9/.Z6.1)
1 111111 11111 1111111 111 1111111 11111 11111 III 1111111111111
2959190 06/07/2002 11:43A Weld County, CO
3 of 5 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
Page 3 of 3 Pages
EXHIBIT A
DESCRIPTION:
A tract of land located in the East Half of Section 36, Township 3 North, Range 68
West of the 6th Principal Meridian, County of Weld, State of Colorado, being more
particularly described as follows:
Considering the east line of the Southeast Quarter of said Section 36 as bearing
South 00°14'23" East and with all bearings contained herein relative thereto;
Commencing at the East 1/4 corner of said Section 36,a found 2-1/2" aluminum cap in a
range box (L.S. 23500); thence along said east line South 00°14'23" East 301.32 feet;
thence South 87°01'53" West 30.04 feet to a point on the west right-of-way line of Weld
County Road 13, also the POINT OF BEGINNING; thence South 87°01'53" West 54.65 feet;
thence North 00°5222" West 4.12 feet; thence North 16°56'54" West 85.91 feet; thence North
90°00'00" West, 123.36 feet; thence North 00°14'18" West, 175.44 feet; thence, North
80°51'10" East, 119.45 feet; thence North 00°14'12" West 223.33 feet; thence North
00°27'13" West 16.00 feet; thence North 43°07'51" East 72.45 feet; thence North 00°14'01"
West 226.13 feet; thence North 89°46'31" East 35.00 feet to the west right-of-way line of
Weld County Road 13; thence along said right-of-way line South 00°14'01" East 493.62 feet;
thence continuing along said line South 00°14'23" East 302.75 feet to the POINT OF
BEGINNING.
The above-described parcel contains 1.728 acres, more or less and is subject to all
existing easements or rights of way of record or in place.
May 9, 2002
Job # 114-006
B.rtf
ARP
I\IIIIIVIIIIIIIIII III IIill 11IIIVIIIIIIVIIIIIIIIIII
2959190 06107/2002
4 of 5 R 0.00 D 0.00 J.A. Suki" Tsukamoto
r REPRESENTATION OF EXHIBIT A
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 36,
TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
M.
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35.00' I
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226.13' I
SCALE 1"=200' I `
MAY 9.2002 N43'07'51"E • I IIIIII IIIII111111I III 1111111IIIII IIIII III IIIII IIII IIII
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el 223.33' I LINE WCR 13
N80'51.10" E I7; POINT OF
Ill ,. „ COMMENCEMENT
119.45' ,;_
. R 68W — —36 . . — . . — — 31— . — -R 67W— .
w EAST 1/4 CORNER
In
o a &5F' SEC. 36, TWP. 3 NORTH
NO0'14'18"W v o I RANGE 68 WEST
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a -175.44' �S0 "5�' 2 1/2 ALUM. CAP
• -�' '50 ' IN RANGE BOX
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PROPERTY LINE _ _ .4 - I 58�•OA
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vi SOUTHEAST QUARTER
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su..x-eaovm �R,PERKNS SAINT VRAIN CREEK 8 WCR 13 BRIDGE 114-006
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ssw u n�a.Kro R.PERMS (970)482-5922 TITLE K owns
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191 DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Douglas A. Tiefel, whose address is PO
Box 17130, Boulder, Colorado 80308-0130, being all of the owners of certain property in Weld
County, Colorado, which is described in the attached Exhibit "A", do hereby dedicate forever
said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a),
free and clear of all liens and encumbrances, except existing easements, and warrants title to the
same.
Douglas A. Tiefel, Owner
STATE OF COLORADO )
) ss.
COUNTY OF uoc-c-p )
The foregoing instrument was acknowledged before me this Z b day of
M.Pct , 20 oz,by Douglas A. Tiefel, Owner.
Witness my hand and official seal.
$ LEON W SIEVERS o /i T�-4 `"� 6 // ms'
NOTARY PUBLIC E
STATE Of COLORADO • Notary Public
0
My commission expires: Oa -O(n'O S
1 111111 11111 111111 III 1111111 IIIII 11111 III 11111 IIII IIII
:43A Wefd County, CO
19of141 R 0.00/2 002 1D 0.00 J.A. "Suit!" Tsukam to
Page 1 of 2 pages
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado,by and through
its Board of County Commissioners, hereby accepts the above dedication of property as Public
Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Darted this /29th day of May , 20 02 .
ATTEST: ,# 1. j �s% COUNTY OF WELD, A BODY
CLERK TO THE BOA 6- ". CORPORATE AND POLITIC OF THE
COUNTY COMMISSI S 1E r ;% STATE OF COLORADO
wvp .
THE COUNTY OF W of � 1'1 d - f♦�
'ha "N ,
BY: L71, 6. 'I. '�""� BY: LASt det-da
Deputy Clerk to the Board Glenn Vaad, Chair, (05/29/2002)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 29th day of
May ,20 0g by Glenn Vaad,Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
as.
' 2r DONNA J. C
Witness my hand and official 'al.? BECHLER
��' aryPuilic
My Commission Expires Apia HIM
My commission expires:
Page 2 of 2 page
MUM 11111 1111111 III 11111111111111111 III IIII1 It IIII
2959191 06/07/2002 11:43A Weld County, CO
2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
•
EXHIBIT A
DESCRIPTION:
A tract of land located in the East Half of Section 36, Township 3 North, Range 68
West of the 6th Principal Meridian, County of Weld, State of Colorado, being more
particularly described as follows:
Considering the east line of the Southeast Quarter of said Section 36 as bearing
South 00°1423" East and with all bearings contained herein relative thereto;
Commencing at the East 1/4 corner of said Section 36,a found 2-1/2" aluminum cap in a
range box (L.S. 23500); thence along said east line South 00°14'23" East 301.32 feet;
thence South 87°01'53" West 30.04 feet to a point on the west right-of-way line of Weld
County Road 13, also the POINT OF BEGINNING; thence South 87°01'53" West 54.65 feet;
thence North 00°52'22" West 4.12 feet; thence North 16°56'54" West 85.91 feet; thence North
90°00'00" West, 123.36 feet; thence North 00°14'18" West, 175.44 feet; thence, North
80°51'10" East, 119.45 feet; thence North 00°14'12" West 223.33 feet; thence North
00°27'13" West 16.00 feet; thence North 43°07'51" East 72.45 feet; thence North 00°14'01"
West 226.13 feet; thence North 89°46'31" East 35.00 feet to the west right-of-way line of
Weld County Road 13; thence along said right-of-way line South 00°14'01" East 493.62 feet;
thence continuing along said line South 00°14'23" East 302.75 feet to the POINT OF
BEGINNING.
The above-described parcel contains 1.728 acres, more or less and is subject to all
existing easements or rights of way of record or in place.
May 9, 2002
Job # 114-006
B.rtf
ARP
M1111111 1111111 III 1111111 I111I 11111 III HI IIJJ IIII
2959191 06/07/2002 11:43A Weld County, CO
3 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
REPRESENTATION OF EXHIBIT A 1
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 36,
TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 8TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
M.
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N89'46'31"E IS' I
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226.13' I 2959191 06/07/2002 11:43A Weld County, CO
SCALE 1"=200' I 4 of 4 R 0.00 0 0.00 J.A. "Suki" Tsukamoto
MAY 9, 2002
N43'07'51"E I
72.45'
of
a N00'27'13"W s
a 16.00' 1
m N00'14'12"W =4y� WEST RIGHT—OF—WAY
^ 223.33' . a I LINE WCR 13
_
- POINT ❑F
ti N80'51.10" E �' s°°'"` COMMENCEMENT
119 45'
. R 68 W — • • —36 . . — 1—'1 . — . 81— . — . -R 67 W— - .
co
EAST 1/4 CORNER
Ln
` 'o � I ,.L'yF' SEC. 36, TWP. 3 NORTH
U NOO'14'18"W L c12 - ' -1 RANGE 68 WEST
` ' '� � S0 ti 2 1/2 " ALUM. CAP
a 175.44 c •50‘'� IN RANGE BOX
` L.S. 23500
N90'00'00"W w ='
123.36' 1
PW u,
o PROPERTY LINE_ _ �� — riti" `I S��0A
3• ,�^ N16'56'54"W ti , I
85 91' 04j1 . y' EAST LINE OF THE
,— SOUTHEAST QUARTER
Ed +01`l' \• ) v,c OF SECTION 36
x D Z$�0� (BASIS OF BEARINGS - S 00'14'23" E)
w
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LINE WCR 13— BEGINNING
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COPYRIGHT C 2Wz yYycrI flflancr PROJECT
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SAINT VRAIN CREEK 8 WCR 13 BRIDGE 114-006
""•s w.a roan M LANC SEAR•BROWN WELD COUNTY,COLORADO
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PERKINSFt.Collins,CO.80521-2603
ya"mnwn PE 970 4
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192
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Douglas A. Tiefel, whose address is PO
Box 17130, Boulder, Colorado 80308-0130, Grantor 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, Grantee. Said Temporary Construction
Easement is for use during the construction of improvements to Weld County Road #13, Saint
Vrain Creek Bridge Replacement, CDOT#13495, in and to, over, under and across the following
described land:
See Easement Exhibit"A"
Together with all rights and privileges as are necessary or incidental to the reasonable and proper
use of such easement. Said temporary easement is subject to the following conditions and
covenants:
1. Said Temporary Construction Easement shall commence on May 20, 2002, and
shall expire and be of no further force or effect upon completion of said Weld
County Road #13, Saint Vrain Creek Replacement, CDOT#13495 project.
2. During the term of this temporary easement, Grantor shall not erect or construct,
or allow to be erected or constructed, any building or other structures which may
interfere with Grantee's full enjoyment of the rights hereunder.
3. As a condition of the granting of this Temporary Construction Easement, the
Grantee covenants and agrees to restore said lands to a level comparable to their
original condition.
4. All of the covenants herein contained shall be binding upon and inure to the
benefit of the parties hereto, their respective personal representatives, successors
and assigns.
5. Owner has been advised that Owner could receive just compensation for said
Temporary Construction Easement, but wished to donate said Temporary
Construction Easement and does not wish to receive compensation.
Page 1 of 2 pages
IIIIIIIVIII IMO IIIIIIIIIIVIIIVIIIIIIVIIIIIIIIIII
2959192 06/07/2002 11:43A Weld County, CO
1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto.
Dated this 20 day of &'°M , 2002.
\
Douglas A. Tiefel, Owner
TAX ID NUMBER:
St\--(sbt S%S7
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: L `� '�;iLa COUNTY OF WELD, STATE OF
COLORADO, GRANTEE
[ dV41
, 1861 r'�� � _.'
444
Deputy Clerk to the Bo.Ro A ' re � Glenn Vaad, Chairman, oard of County
♦ trek
Commissioners. C&5/a9/21302)
I HMI 1111111 III 'VIII 1111111111 III 111111111 Jill
2959192 06/07/2002 11:43A Weld County, CO
2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
Page 2 of 2 pages
•
EASEMENT EXHIBIT A
DESCRIPTION:
A tract of land located in the East Half of Section 36, Township 3 North, Range 68
West of the 6th Principal Meridian, County of Weld, State of Colorado, being more
particularly described as follows:
Considering the east line of the Southeast Quarter of said Section 36 as bearing
South 00°14'23" East and with all bearings contained herein relative thereto;
Commencing at the East 1/4 corner of said Section 36, a found 2-1/2" aluminum cap in a
range box (L.S. 23500); thence along said east line South 00°14'23" East 301.32 feet;
thence South 87°01'53" West 84.68 feet to the POINT OF BEGINNING; thence South
87°01'53", West 89.50 feet; thence,North 02°24'38" West, 7.56 feet; thence,North
83°27'49" East, 87.53 feet; thence, South 16°56'54" East, 9.17 feet; thence, South 00°52'22"
East, 4.12 feet to the POINT OF BEGINNING.
The above-described parcel contains 0.021 acres, more or less and is subject to all
existing easements or rights of way of record or in place.
May 16, 2002
Job # 114-006
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AMU!111111111111 III 1111111 1111111111I1111
111111111 IIII
2959192 06/07/2002 11:43A Weld County, CO
3 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
REPRESENTATION OF EASEMENT EXHIBIT A
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 36,
TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 8TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
I I
I fWEST RIGHT-OF-WAY
LINE WCR 13
I
-�sE ti POINT OF
COMMENCEMENT
- . R68W -36 - - :: - - _31 . - R67
-------------- SC CORNER
SEC. 36, TWP. 3 NORTH
RANGE 68 WEST
2 1/2 " ALUM. CAP
IN RANGE BOX
SCALE 1"=100' a •
L.S. 23500
•
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ti 87.53' 8a
0
2 N 02'24'38" W N
° 7.56'
PROPERTY LINE EAST LINE OF THE
- - l I SOUTHEAST QUARTER
S 8701'53" W I OF SECTION 36
y 89.50' a (BASIS OF BEARINGS - S 00'14'23" E)
S 87'01'53" W- Ir
o POINT OF 84.68' >
BEGINNING Z
D I
o
T.
WEST RIGHT-OF-WAY I U I
LINE WCR 13-_______, o
I IW
Ann IIIIII1 III MIN III'I VIII III VIII IIII IIII I
-J 2959192 06/07/2002 11:43A Weld County, CO
1 4 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
COPYRIGHT C 2 1 �„eetT IY ""ri�
SEAR BROWNR.PERKINS rnolcr "-0
w."erm.�w ,��"eve SAINT VRAIN CREEK 8 WCR 13 BRIDGE 14-006
a•a•ro�owwy. N.LONG SEAR•BROWN WELD COUNTY,COLORADO
Iw.vus rryrm a
DRUM NO.
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an um=in roe no 5"." Ft.Collins,CO.80521-2603
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HYe"•yag i�t�wu (910((970)482-6368
TITLE R SEN
is•r"Fii'roswc" r:1 may 02 Fax:(WO)a82-636e REPRESENTATION OF EASEMENT EXHIBIT A
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MEMORANDUM
(‘-'s
TO: Clerk to the Board DATE: May 20, 2001
FROM: Frank B. Hempen, Jr.
' Director of Public Works/County Engineer
CSUBJECT: Agenda Item
COLORADO
Please place the following item on the Board's next agenda:
Enclosed is the Agreement, Deed of Trust, and the Easement with Douglas A. Tiefel for
Purchase of Right-of-Way for Certain Improvements to WCR 13.
Board approval is needed for the agreement and the Chair's signature is requested for the
Deed of Trust and the Easement.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers
M:\W PFILES\Francie\AGENDA-9.IRC.wpd
2002-1374
Hello