HomeMy WebLinkAbout20042109.tiff RESOLUTION
RE: ACCEPT PERMANENT EASEMENT FOR IMPROVEMENTS TO 83RD AVENUE -
PUBLIC SERVICE COMPANY OF COLORADO
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 Permanent Easement 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 Public Service Company of Colorado,
1225 Seventeenth Street, Denver, Colorado 80202,with 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 Permanent Easement 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 Public Service Company of Colorado, 1225 Seventeenth Street, Denver,
Colorado 80202 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 26th day of July, A.D., 2004.
1 ��� /q��� BOARD OF COUNTY COMMISSIONERS
�"`e1 ha"v"e WELD COUNTY 4OALAO45-
RADO
T: 11445—
Robert Robert D. Masden, Chair
UV
sei �+ A my Clerk to the Board r
s_ € f William Jerke, Pro-Tem
'- .13Y:;
eputy Clerk t the Board
M. eile
O D AS TO F
David E. Long
unty ttorn y
EXCUSED
Glenn Vaad
Date of signature: R --C--09
2004-2109
EG0050
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•
MEMORANDUM
I TO: Board of County Commissioners DATE: July 19, 2004
C
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Permanent Easement with Public Service Company of Colorado for the 83rd Avenue Road
and Bridge Improvements.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\I-Francie\AGENDA-5.doc
2004-2109
. 778
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That, PUBLIC SERVICE COMPANY OF
COLORADO, a Colorado corporation, whose address is 1225 Seventeenth Street, Denver,
Colorado 80202 (Grantor). for the sum of Three Thousand Two Hundred and Sixty Two
dollars ($3,262.00) and other good and valuable consideration in hand paid, does hereby
grant, bargain, sell, and convey to Weld County, whose address is 915 10TH. Street,
Greeley, Colorado 80631 (Grantee), its successors and assigns, a non-exclusive
permanent easement to construct, maintain, alter, repair, replace, reconstruct, inspect, and
remove 83RD. Avenue Road and Bridge Improvements, together with related appurtenances
on, over, under, and across the following described premises located in the County of
Weld, State of Colorado, to wit:
See attached Exhibit, "A" Legal Description and Map
This grant of easement is subject to the following conditions:
1. The use of the premises shall be for above stated purposes only. No buildings, signs, or
wells shall be erected, placed, or permitted to remain on the premises.
2. Grantor reserves the right to place utility facilities in, under, over, and across said
easement that do not interfere with the Grantee's use of the premises.
3. Grantor shall, at all times, have the right of access to, along, and upon the premises for
the operation and maintenance of its utility facilities.
4. The easement herein granted may be subject to the lien of Grantor's Indenture, and to its
termination by the Indenture Trustee upon the occurrence of an event of default under the
Indenture.
5. Grantor reserves all rights and remedies pursuant to Section 38-1-114 C.R.S. By
entering into this easement, Grantor does not waive any rights to pursue any claim or
causes of action against Grantee or its agents, employees, or contractors in the event of
any injury or death to any person or damage to property if the same shall in an)' way be
connected with or result of the exercise by Grantee of the rights granted herein.
In case of the permanent abandonment of this easement, all right, privilege, and interest
herein granted shall end, cease, and terminate.
6. In case of the permanent abandonment of this easement, all right, privilege, and interest
herein granted shall end, cease, and terminate.
7. Grantee and its agents, employees, and contractors shall comply with all Federal, State,
and local hazardous materials laws including but not limited to the Comprehensive
Environmental Response, Compensation, and Liability Act, the Resource Conservation and
Recovery Act, the Solid Waste Disposal Act and Sections 25-15-101, et. Seq., 25-16-101,
et. seq., 25-07-101, et. seq., and 25-8-101, et., seq. of the Colorado Revised Statutes.
1111111101111111 I I I I 1111111 10111111111 I I I I
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Grantee shall not use, generate, store or dispose of any hazardous substance on, under or
about the premises except in full compliance with any applicable hazardous materials laws.
By entering into this easement, Grantor does not waive any rights to pursue any claim or
causes of action against Grantee or its agents, employees, or contractors in the event the
presence of hazardous substances arises as a result of Grantee's use or occupancy of the
premises.
EXECUTED this/5 day of July, 2004.
LI ��SE//RVICIE COMPANY OF COLORADO
Peter West
Managing Director, Local Affairs
Public Service Company of Colorado
STATE OF COLORADO
ss.
CITY AND COUNTY OF DENVER
The foregoing instrument was acknowledged before me this Arty of July, 2004 by Peter
West, Managing Director, Local Affairs, Public Service Company of Colorado.
My Commission Expires: S 2O — P-Gd
Witness my hand and official seal. \,�u"1=7;;;;a,•
.01\�E Y po
r. .r d
tary Publict. r.; 'o
AIM 1111111111 I I I 11111111EMIR III 11111 I I I 11111
3209778 08/16/2004 04:48P Weld County, CO
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the West Half of Section 8, Township 5 North, Range 66 West of the
Sixth Principal Meridian,County of Weld, State of Colorado and more fully described as
follows:
Commencing at the West Quarter corner of said Section 8, from whence the North West Quarter
corner of said Section 8 bears N01°02'55"W,with all bearings contained herein relative thereto;
thence S04°26'23"E a distance of 507.79 feet to a point on the existing east right of way line of
83'1 Avenue and the POINT OF BEGINNING; thence N01°03'08"W along said east right of
way line a distance of 506.91 feet; thence continuing along said east right of way line
NO1°02'55"W a distance of 1042.86 feet; thence N89°01'24"E a distance of 16.31 feet; thence
S00°58'40"E a distance of 597.97 feet; thence S21°07'01"E a distance of 168.24 feet; thence
S00°00'00"W a distance of 154.54 feet; thence S19°29'55"W a distance of 129.56 feet; thence
S01°03'08"E a distance of 517.95 feet; thence S88°58'07"W a distance of 25 feet to the POINT
OF BEGINNING, and containing 1.065 acres,more or less.
The above legal description was prepared by Leon Sievers, Right of Way Agent, in and for Weld
County, Colorado and is based on survey information provided by Sear-Brown,Ft. Collins,
Colorado.
1111111 11111 M111111 1111111 11111 111111II111111 Hill
3209778 08/16/2004 04:48P Weld County, CO
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EXHIBIT MAP A
NW Car
See 8-5-86
' it— N89'01'24% 16.31'
'—f-30' ROW
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� d m
_ E NW 1/4
W „
=d Q Sec 8— T5N— R66W
- =ca q
= Th
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_d d 521.0)01"E 168.24'
a 4.N
=00 Ol
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monVp 3r_ C
-pp C in p0 Y
-a 04 In-CI r
-C c4'�op o s
n -.I- SOO'00'00"W 154.54'
CC W V Z p 23 o=0 0 v i /
. W1/4 Car (///�
Sec 8-5-66 ` 519"29'SShV 129.58'
NO1'03'O8"W 506.91' \
:a
504'28'23"E 507.79' „ SW 1/4
JL $ Sec 8— T5N— R66W
F4 o
1r a
N
----30' ROW
S88'58'07'W 25.00'
0 125 250 500
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A NONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
em2Y LVS
DESIGN BERD AVE EASEMENT 1 ' 1
DRAINSI" DESCRIPTION
On February 3, 3004 EXHIBIT MAP
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