HomeMy WebLinkAbout20022946.tiff RESOLUTION
RE: APPROVE RIGHT-OF-WAY GRANT AND AUTHORIZE CHAIR TO SIGN - UNITED
POWER, INC.
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 United Power, Inc., 18551 East 160th Avenue, Brighton, Colorado 80601, with terms
and conditions being as stated in said grant; said property being described as part of the W1/2
of the NE1/4 of Section 2, Township 2 North, Range 68, West of the 6th P.M., Weld County,
Colorado, and being further described in Exhibit A of said Right-of-Way Deed, which is attached
hereto and incorporated herein by reference, and
WHEREAS, 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 United
Power, Inc., 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 4th day of November, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
� � WEL
CO // COLORADO
ATTEST: � ', 4 f/f ., _ se/
J ` Gle Vaad Ch r
Weld County Clerk to th lg�. <jtU � �
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David E ng, Pro-T
BY: �oD �, o. 1i,�
Deputy Clerk to the Bo tc I
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APP5OV S TOS 57/,-•>
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-1-, William H. Jerke
uhty Aft6they EXCUSED DATE OF SIGNING (AYE)'
Robert D. Masden
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Date of signature: 1/g
`, e : /. Af l�� ��fed /Juer P 20R0023R0023
096
RIGHT-OF-WAY GRANT
The COUNTY OF WELD,apolitical subdivision of the STATE OF COLORADO,by and
through the Board of County commissioners of the County of Weld, GRANTOR (whether one or
more), whose mailing address is P.O. Box 758, 915 10i° Street, Greeley CO 80632, in consideration
of Five-Hundred Dollars ($500.00) and other valuable consideration, receipt of which is hereby
acknowledged, grant and convey unto UNITED POWER, INC., GRANTEE, whose address is
18551 East 160th Avenue, Brighton, Colorado 80601, its successors and assigns, a right-of-way and
easement to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and
remove electric facilities and appurtenances thereto, and the full right and authority to cut, remove,
trim or otherwise control all trees, brush and other growth on or overhanging said premises, as may
from time to time be useful to, or required by Grantee, on, under, and across the following-described
property in the County of Weld, State of Colorado to-wit:
See Exhibit A attached hereto and made a part hereof.
Those facilities will be above ground and/ or underground and may include, but not be limited to,
poles,cables,conduits,wire,conductors,transformers,manholes and supports of whatever materials,
including braces, guides, and other fixtures or devices used or useful in connection therewith.
The right and authority of grantee hereunder may be exercised by its successors, assigns,
licensees, contractors, and permittees.
Grantor reserves the right to occupy, use, and landscape said easement for all purposes not
inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with
the Grantee's facilities or the maintenance, repair and replacement thereof. Grantor shall install no
structures or facilities of any kind on, over, under, or across said easement without the written
approval of Grantee.
Grantee shall pay Grantor for any damages to fences, crops, landscaping and personal
property caused by the construction and maintenance of Grantee's facilities. Upon completion of
construction, Grantee shall restore the surface of Grantor's property to the same condition as
practicable that existed prior to construction.
SIGNED AND SEALED BY GRANTOR this 4th day of November, 2002.
ATTEST: :0(4; ` COUNTY OF WELD, a political subdivision
CLERK TO THE rj of the STATE OF COLORADO, by and
COUNTY COMMISSI L)! ,' ik through the Board of County Commissioners
-� of the COUNTY OF WELD
r 661tin�all
,
BY: , j _: r -`� , BY:
Deputy Clerk to the B %: Glenn Vaad, Chas an
allmusawase (11/04/2002)
STATE OF COLORADO )
County of Weld ) ss.
The foregoing instrument was acknowledged before in 1t lky ovember, 2002, by
Glenn Vaad, as Chairman of the Board of County Commis ' i! •tif the'C of Weld, State of
Colorado. '
? SHARON
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Witness my hand and official seal this 4th day of N veriber,'A'U., 2002,
My Commission Expires May 15,2006
My commission expires:
R/Wt/ W/O
Location Map County
'A Section Section , Township , Range , 6'' P.M.
1111111 IIIII 1111111 IIIII IIII IIII 1111111 III I'I'I IIII IIII
3008096 11/22/2002 11:56A Weld County, CO 2002-2946
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EXHIBIT "A"
A strip of land ten feet (10') in width south of and adjacent to the property line between
property owned by Arthur H. Neumann, described as Parcel C of SE-741, recorded January 26,
1999, at Reception Number 2669206 in the Office of the Weld County Clerk and Recorder, and
property owned by Weld County, Colorado, located in the West Half(W1/4) of the Northeast
Quarter (NE'/<) of Section 2, Township 2 North, Range 68 West of the 6"' P.M., Weld County,
Colorado, also known as the Weld County "Hokestra Gravel Pit." Said strip is located entirely
north of the Last Chance Ditch.
111111111111 1111111 11111 III' /III 1111111 III 11111 lIII IIiI
3008096 11/22/2002 11:56A Weld County, CO
2 of 2 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
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PO Box 929 � a IM.adoy N.A. Check Number
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642; Brightoo,C080601-0929
Td:007)659-0551 8-9111021 f 00042360 i
Fax:(303)659-2172 Check Date Net AB1oun
I10/31/2002 I $ ******500.00 " !
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Accounts Payable Account
PAY "•'flue Hnaalred and 00/fO,,r,„n rs***
Void After 120 Days`
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TO THE WELD COUNTY COLORADO
ORDER OF 915 TENTH STREET � �� /�
GREELEY CO 80632 / & /yD2
SIGNATURE HAS A COLORED BACKGROUND•BORDER CONTAINS MICROPRINTING
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TO: Board of County Commissioners
7214 At
WillaFROM: Bruce T. Barkerj&�ILDATE: October 14, 2002
COLORADO SUBJECT: Request from Arthur and Paula Neumann, and from
United Power, Inc.
Arthur and Paula Neumann have requested that Weld County grant them a license agreement for the
use of a strip of land on the north side of the Last Chance Ditch. The strip is owned by Weld County
as part of the Hokestra Pit property. The strip is immediately south of the Neumann's property line.
The strip is about 930.81 feet long and about 3 to 15 feet wide. It is shown in yellow on the
Assessor's map attached as Exhibit "A." The Neumann's explain how the strip has been and
continues to be a nuisance for them in their letter received August 19, 2002, which is attached as
Exhibit "B." They wish to use the property through the license agreement for the placement of a
fence to stop persons from falling in the Ditch. The letter attached as Exhibit "C" shows that United
Power, Inc., also desires to use the strip to place a utility line so as to provide power to the
Neumann's new garage being built on their property(about 150 to 200 feet away from the strip). A
copy of the license agreement is attached as Exhibit "D." Note that the license agreement does not
allow them to place any permanent structure within the strip. Additionally, the license agreement
may be revoked at any time by the Board.
Frank Hempen, Jr., has reviewed the license agreement and has no concerns. Once I receive the
license agreement back from the Neumanns, I will place it on the Board's agenda for consideration.
The question I have is whether to pursue with United Power the easement through the strip for the
power line. The company is willing to pay $500 for the easement. The power line will stay within
10 feet of the Neumann's property. The easement will not be revocable at any time by the Board.
I recommend that the Board authorize me to pursue the power line easement with United Power. The
strip is not used by Weld County by virtue of its location.
Please let me know if you have any questions or comments about this Memorandum or the attached.
77.
--Bruce T. Barker �___
Wrid County Attorney
pc: Frank Hempen, Jr.
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