HomeMy WebLinkAbout20033280 RESOLUTION
RE: ACCEPTANCE OF EASEMENT FOR RIGHT-OF-WAY ON WCR 3.25 AND AUTHORIZE
CHAIR TO SIGN - UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION
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 Easement for Right-of-Way on Weld
County Road 3.25 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 United
States Department of Commerce, National Oceanic and Atmospheric Administration, with terms
and conditions being as stated in said easement, and
WHEREAS, after review, the Board deems it advisable to approve 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 Easement for Right-of-Way on Weld County Road 3.25 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 United States Department of Commerce,
National Oceanic and Atmospheric Administration be, and hereby is, approved.
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 1st day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W7UtilTYSOLJRADO
ATTEST: atfhl NI\
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tia+ C`Weld County Clerk to the =� �l
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Robert D. asden, Pro-Tem
BY: ,
Deputy Clerk to thb,`,e r� q //4/ heed.
, M. J. Geile
A5RROV D AST (l
Willis H. Jerke
ounty Attor ey
Glenn Vaad
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Date of signature: /0 "-
2003-3280
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n UNITED STATES DEPARTMENT OF COMMERCE
v_a: • National Oceanic and Atmospheric Administration
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'r e NOAA FINANCE AND ADMINISTRATION
'Nits of MOUNTAIN ADMINISTRATIVE SUPPORT CENTER
325 Broadway
(A Boulder, Colorado B0305-3328
EASEMENT
The Director of the Mountain Administrative Support Center,United States Department of Commerce,acting for
and on behalf of the United States of America,hereinafter referred to as the Government,under and by virtue of the
authority contained in 40 U.S.C. S 319,having determined that it will not be adverse to the interests of the United
States,does hereby grant and convey, without covenant or warranty of any kind and subject to the conditions
hereinafter stated,unto 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`^ Street, Greeley,Colorado 80631,hereinafter referred
to as the County,
a right-of-way and easement in perpetuity,to rebuild and improve Weld County Road 3.25 as viewed on
drawing marked"Exhibit Map A", attached hereto and made a part hereof,which legal description is as
follows:
A parcel of land located in the Northwest One-Quarter of Section 32,Township 2 North,Range 68 West of
the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows:
Commencing at the Northeast corner of the West One-Half of the Northwest One Quarter of said Section
32,from whence the Northeast corner of the West One-Half of the Southwest One-Quarter of said Section
32 bears S00 degrees 09'37"E,with all bearings contained herein relative thereto;thence N89 degrees
56110W along the North line of the Northwest One-Quarter of said Section 32, a distance of 40.72 feet to
the west right of way line of Weld County Road 3.25 and the POINT OF BEGINNING;thence S00
degrees 08'35"W along said right of way line a distance of 227.14 feet to the north line of the Chicago,
Burlington and Quincy Railroad Company right of way,now abandoned;thence S34 degrees 41'46"W
along said right of way line a distance of 22.89 feet;thence N00 degrees 09'37"W a distance of 245.98 feet
to the North line of the Northwest One-Quarter of said Section 32;thence S89 degrees 56' 10"E along said
North line a distance of 14.28 feet to the POINT OF BEGINNING and containing 0.074 acres,more or
less.
The above description was prepared by Leon Sievers,Right of Way Agent, in and for Weld County,
Colorado and is based on survey information provided by Powers Elevation Surveying Company, Inc.,
P.O.Box 707,Frederick,Colorado 80530.
This easement is granted subject to the following conditions and provisions:
County will reconstruct Weld County road 3.25 with new asphalt and 4.0 foot paved shoulders. The elevation of the
centerline will be approximately 1.0 feet higher than the existing centerline and will be moved westerly
approximately 6.0 feet. County will remove the existing Government fencing from the old right of way line and
construct a new fence with a four strand barbed wire, steel and wood post fence with post spacing approximately
every 16 feet and a wood post set approximately every fourth post.
County will reconstruct and relocate the existing driveway with a 50'turning radius and grade the driveway to
match the new road elevation. County will replace the existing culvert with an 18" culvert and will extend the
culvert to accommodate the new driveway width.
1 IIIIII 1IIII IIII 11111111 III 1111111 11111 Digit IIII IIII
3137625 12/22/2003 10:43A Weld County, CO s o
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1 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ®
® Printed on Recycled Paper
To allow for the reconstruction of the driveway,the Government will grant a Temporary Construction Easement in
favor of Weld County, at no cost;the duration of this Temporary Construction Easement shall be from the
commencement of construction of the driveway for a period of approximately sixty(60)days.
All work done at this site will be done in a good,workmanlike manner.
In the event the County no longer has need for the parcel of land as described in the legal description, the said land
will revert to the Government.
The Government warrants that it is the owner of the parcel of land cited in the legal description.
County shall indemnify and save the Government harmless from any liability or responsibility arising from
County's negligence of the privileges herein granted.
The date of the conveyance of the above-described parcel of land shall be the date of a fully executed document by
both parties. Upon receipt of this fully executed Easement and right-of-way,County, its contractors, agents,
employees,and all others deemed necessary by County shall have the right to possess and use this parcel of land for
the purpose of said rebuilding and improvement of County Road 3.25.
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IN WITNESS WHEREOF,I have hereunto set my hand this /o day of//1 ' ef7/3 003.
Flu xu� a✓Lh.Lt,i—e(
Susan Sutherland,Director
Mountain Administrative Support Center
U.S. DOC/NOAA
A EPTED BY THE WELD COUNTY BOARD OF COMMISSIONERS by: Imo T'.; t
12 01/03
RR. �
Name David E. g Date Attest:
Clerk to the oa
Chair
Title By: ,. � . ;, • A.
Deputy Clerk to the�:•'�
State of Colorado
County of Weld )ss
The foregoing instrument was acknowledged before me this 1st day of Dec. ,2003 by
David E. Long ,whose title is Chair •
•
9 2
Signature of person taking Acknowl
Notar Public ; C'Lif'JNAJ..
Title E ER/lc?
My Commission Expires: c O• F cot.
p My Commission Expires April 10,2094
1 HID 11111 lilt III 1111111 11111 111 11111 1111 IIII
3137625 12/22/2003 10:43A Weld County, CO
2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a � it
AUG-27-03 WED 02:57 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 5
EXHIBIT MAP A
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sarse'to't 14.26'—, Sed 32-2-88
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111111 11111 1111 11111111 111 1111111 11111 III 11111 1111 IIII
3137625 12/22/2003 10:43A Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
NOTG THIS EXHIWT NAP DOES NOT REPRESENT A MONUMENTED 1
ILLUSDTRATE THERYET OR LAND
LEauLDETSC�nON ONLY. ro NE Cor W1/2 SW1/4
Sac 32-2-68
WELD COUNTY PUBLIC WORKS DEPARTMENT
w".. ws
MIN WELD COUNTY ROAD 31/4 DEED 1 N
ater wp.sti-i7. 2003 �. - EXHIBIT MAP DESCRIPTION
\ MEMORANDUM
WIID € TO: ClerktotheBoard DATE : 11/25/03
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer '
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda.
For approval of the Easement/Agreement for Right-of-Way on WCR 3.25 with United
States Department of Commerce, National Oceanic and Atmospheric Administration.
Upon acceptance, please send two original easements/agreements immediately to Leon
Sievers.
The appropriate documentation is enclosed.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M'AFrancievAgendaltem.DOC
2003-3280
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