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Home My WebLink About20040534.tiff RESOLUTION RE: APPROVE QUIT CLAIM EASEMENT AND RIGHT-OF-WAY DEED FORASEWER LINE AND AUTHORIZE CHAIR TO SIGN - TOWN OF LOCHBUIE 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 Quit Claim Easement and Right-of-way Deed fora sewer line between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County,and Town of Lochbuie, commencing upon full execution of said deed, with further terms and conditions being as stated in said deed, and WHEREAS, after review, the Board deems it advisable to approve said deed, 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 Quit Claim Easement and Right-of-way Deed for a sewer line between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County, on behalf of the, and Town of Lochbuie be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said deed. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 18th day of February, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: g � ^777 /D ��• t d � 1C,.J(.• VU,} : � Robert D. Masden, Chair Weld County Clerk to th oa • a iv c +� i f �f illiam •er e, Pro-Tem BY: - Deputy Clerk to the B•: 4/ ��1 M. J. Geile RO D AS� EXCUSED David . Long unty Attorney 3�z Glenn Vaad _ Date of signature: 2004-0534 EG0050 D, B• 03-15- ) 358 QUIT CLAIM EASEMENT AND RIGHT-OF-WAY DEED This Quit Claim Easement and Right-of-Way Deed is executed on the day and year set forth below by the Board of County Commissioners of Weld County, Colorado acting for and on behalf of the COUNTY OF WELD, STATE OF COLORADO, a Colorado County, formed under and pursuant to the laws of the State of Colorado, whose address is 915 10th Street, Greeley, Colorado 80632 (hereinafter referred to as "Grantor"), and THE TOWN OF LOCHBUIE, a municipal corporation formed under and pursuant to the laws of the State of Colorado whose address is 703 Weld County Road 37, Lochbuie, Colorado 80603 (hereinafter referred to as "Grantee"). The Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and quit claimed, and by these presents does remise, release, sell and quit claim unto Grantee, its successors and assigns forever, a non-exclusive easement and right-of-way to construct, operate, maintain, replace, inspect, repair and remove underground sewage lines and related appurtenances thereto for the purpose of transporting sewage to the Lochbuie wastewater treatment plant and transportation of treated wastewater to the point of discharge in the Beebe Draw, as may from time to time be useful to, or required by Grantee, on over, under, and across certain real property located in Weld County, Colorado, which is more particularly described in Exhibit A, attached hereto and incorporated herein by reference. Any facilities installed in the easement area shall be installed underground, except for manhole covers and marker posts. Grantee shall restore the surface to its former condition in the event that it disturbs the surface as a result of the exercise of its rights hereunder. Grantee shall, as to property owned by Grantor, have the full right and authority to cut, remove, trim or otherwise control all trees, brush, or other growth on or overhanging said easement. The right and authority of Grantee hereunder may be exercised by its successors, assigns, licensees, contractors and permitees. Grantor reserves the right to occupy, use, and landscape the property which is the subject of this Quit Claim Easement and Right-of-Way Deed 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 and right-of-way without the written approval of Grantee; provided, however that Grantor shall have the right to install utility lines, landscaping, drainage and other customary development improvements without the consent of Grantee and without being deemed to be in violation of any provisions of the Quit Claim Easement and Right-of- Way Deed. Grantor shall have the right in Grantor's sole discretion, to grant additional rights-of-way, licenses and /or easements over the property described herein. 3159358 03/05/2004 11:31A Weld County, CO WP DATA2\52822\001\Easement Deeds\Board of Cnty Comm.doc 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - IN WITNESS WHEREOF, the Grantor has executed this Quit Claim Easement and Right-of-Way Deed on the /WO: day of February 2004. GRANTOR: County of Weld, State of Colorado By:��.JWi Title: Robert D. Masden, Chair 02/18/2004 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Before me, the undersigned authority, on February 18 2004, personally appeared Robert D. Masden, Chair , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. My Commission Expires: Witness my hand a - r. Et r -al. tuco,hOTAtty 7R Notary Public Nj;t,PUBLIC 9C OFco; , Ay(—.-( awSgft rMrII,TOGO 1 111111 11111 11111 111111 II11 IIII 11111111 III 11111 HIM 3159358 03/05/2004 11:31A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder K:\WP_DATA2 P_DATA2\52822V001\Easement Deeds VBoard of Cnty Comm.doc Feb 11 04 11 : 30a Jerry Richmond 3039854214 p. 2 ExHIecT A 25.00 UTILITY EASEMENT TO BE CONVEYED TO THE TOWN OF LOCHBUIE FROM WELD COUNTY • A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 1 NORTH,RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; SAID PARCEL BEING 25.00 FEET IN WIDTH AND LYING 12,5 FEET TO EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE AND THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO INTERSECT TILE WEST LINE OF A PARCEL AS DESCRIBED IN BOOK 687 PAGE 378 OF THE WELD COUNTY RECORDS. COMMENCING AT TIIE NORTH CORNER OF SAID PARCEL OF LAND AS DESCRIBED IN BOOK 687 PAGE 378 OF THE. WELD COUNTY RECORDS, BEING A POINT ON THE WEST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 39; THENCE S38°50'00"W ALONG THE WESTERLY LINE OF SAID PARCEL 249.12 FEET TOP THE TRUE POINT OF BEGINNING; THENCE 532°15'37"W 103.88 FEET; THENCE S45°38'03"W 100.42 FEET TO THE TERMINUS; SAID PARCEL CONTAINS 0.03 ACRES MORE OR LESS. PREPARED FOR AND ON BEHALF OF DIAMONDBACK ENGINEERING & SURVEYING, INC. BY JERRY W. RICHMOND, PLS 26298 DECEMBER 3, 2003 HUMID' IIIII 111111 III IIIII IIII'III 3159358 03/06/2004 11:31A Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Feb 11 04 01:35p Jerry Richmond 3038854214 p.2 WELD COUNTY PROPERTY PROPOSED 25.00' UTILITY EASEMENT NE 1/4 SECTION 30, TOWNSHIP 1 NORTH RANGE 65 WEST, OF THE 6th. P.M. WELD COUNTY STATE OF COLORADO a 32 a ____ o°C hoc — = .1 =Gi _ a0 C a9 E NE 1 /4 SECTION 30 r agti TRUE POINT OF BEGINNING .�'Y moo O' Q —N iviARCUERI I E L.LhIL PROPER I Y Cs �� Z �IL7q moo ,y� / O �ff' o CL PROPOSED 25.00' h� ¢ a�¢ UTILITY EASEMENT eAry;Mi �� CC �gv �/. �b:y a Z Div `'�i/ 0 QUO^^ 0 O TERMINUS / / hA. Ci VCANA j cis- , c I i EE / 'c? / / / / / co // I �� 150 0 �� SCALE 1' a 150 3 300 DECEMBER 3, 2003 4000 DIAMONDBACK ENGINEERING & SURVEYING, INC. 12640 W. CEDAR Dr. STE. C LAKEWOOD, CO. 80228 (303) 985-4204 I HARDING, SHULTZ eii DOWNS A LAW PARTNERSHIP OF PROFESSIONAL CORPORATIONS WELLS FARGO CENTER E-MAIL firm@hsdlegal.com 800 LINCOLN SQUARE 1700 LINCOLN STREET WEBSITE www.hsdlegalcom 121 SO. 13TH STREET SUITE 2000 P.O.B0X 82028 DENVER, CO 80203-4518 LINCOLN, NE 68501-2028 303/832-4400 FAX 303/832-6154 402/434-3000 FAX 402/434-3030 February 20, 2004 ® � r_ Mr. Bruce Barker, Esq. �� ' �+'` Weld County Attorney 915 Tenth Street FEB 2 520041 P. O. Box 758 Greeley, CO 80632 WELD COUNTY ATTORNEY'S OFFICE Re: Lochbuie Easement for Sewer Lines Dear Bruce: Pursuant to your E-mail instructions of February 17, I am enclosing herein the original of the Easement previously transmitted to you. Assuming that the Board of County Commissioners approves the request for the Easement and directs that it be executed and recorded, I would appreciate your sending to me after recording a copy of the Easement with the recording information endorsed on the first page. Also, please advise as to appropriate recording fees so that I can reimburse you for those costs. Once again, thank you very much for your cooperation in connection with this request. Very truly yours, HA//RDD�ING, SHULTZ & DOWNS italt Dictated but not read by: eit Dale R. Brockmeier DRB:jrh Enclosure Hello