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HomeMy WebLinkAbout20000815.tiff RESOLUTION RE: APPROVE GRANT AND EASEMENT AND ACCEPTANCE AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 Grant of Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley, 1000 10th Street, Greeley, Colorado 80631, with terms and conditions being as stated in said Grant of Easement, for property as described in Exhibit A, attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Grant of 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 Grant of Easement between the County of Weld, Slate of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the, and the City of Greeley be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said grant of easement and acceptance. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 2000. BOARD OF COUNTY COMMISSIONERS 74 WELD COUNTY, COLORADO ATTEST: i /frtzj≥b .� (ll� 1� t F�arbara J. Kirkmeyer, Chair Weld County Clerk to the .' O A\ � — 3 CUSED — i . J. G ile, Pro-Tem P y e �4- '— De Deputy Clerk to the Board `� l - Georg . Baxter • APPROVE AS TO FORM: 1 TC Hall / County Attorney — Glenn Vaac 2000-0815 PR0018 GRANT OF EASEMENT THIS EASEMENT, granted this 10 day of April , 2000, between the County of Weld, a body corporate and politic of the State of Colorado, whose legal address is 915 10th Street. Cireeley, Colorado 80631 of the County of Weld , and State of Colorado, the Grantor., and the City of Greeley, a home-rule municipality of the State of Colorado, whose address is 1000 10' street, Greeley, CO 80631, the Grantee. WITNESSETH, that the Grantor, for and in consideration of the sum of$1.00 dollar and other good and valuable consideration, paid to the Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee an easement for the purposes of the placement of a permanent bus stop bench and shelter, to be used by and open to the public, on the following described parcel of real property situate in the County of Weld, and State of Colorado, to wit: All of the real property described in the attached Exhibit"A,"which shall hereinafter be referred to as "the Premises." The Easement granted herein shall entitle the Grantee, its successors and assigns, to construct, relocate, change the size of, replace, repair, inspect, maintain, remove and operate a bench and shelter for a bus stop upon the Premises. This Easement is considered to be an"easement in gross" for the benefit of the public and is permanent. The Grantee agrees to construct and maintain the bus stop bench and shelter upon the Premises at the sole cost and expense of the Grantee. The Grantee also agrees to hold harmless and indemnify the Grantor, its employees and officers, from any and all claims and liability, past, present or future, for any injury or damage resulting from the negligence of the Grantee, its employees and officers, in the design, construction, and/or maintenance of the bus stop bench and shelter to be built upon the Premises. The terms of this Grant of Easement shall be binding upon the heirs, executors, administrator successors and assigns of the parties hereto. ATTEST: O,,/9 / ,fl E go COUNTY OF WELD, a body corporate arid B ,,, _ .olitic of the STATE OF COLORADO, err Grantor 144Deputy Clerk to the Bo ! Sf`'iI :.i Byt���iZ h -- B Oki a Barbara J. Kirk Bmeyer, Chair, and of IN r'= County Commissioners of the County of Weld (04/10/2000) Page 1 of 2 Pages Initial 2000-0815 STATE OF COLORADO COUNTY OF WELD }ss. The foregoing instrument was acknowledged before me this 10th day of April 2000. by Barbara J. Kirkmeyer, Chair, Boar 4 mmissioners of the County of Weld, Grantor. Witness my hand and official seatiBFPLEEAP 1 SCHUETT • �` '•, /49 Notary Public My commission expires: '.,43F My Commission ERdns OrRtbs 1,2001 ACCEPTANCE OF GRANT OF EASEMENT tee,the City of Greeley, a home-rule municipality of the State of Colorado ithin granted easement and agrees to the terms of such grant as stated herein. CsN.•�p.PQ/.4%). f: A u -o CITY OF GREELEY, a home-rule t�* SE a+ t �° municipality of the STATE OF 4�1 •o'y COLORADO, Grantee jolp By: 43 Jerry Wones, Mayor, City of Greeley STATE OF COLORADO COUNTY OF WELD }SS. The foregoing instrument was acknowledged before me this)! day of.Mh1 11, 2000, by Jerry Wones, Mayor, City of Greeley, Grantee. Witness my hand and official seal. ` l ar blic My commission expires: M C t /.r Name and Address of Person Creating Newly Created Legal Description (§ 38-35-106.5, C.R.S): M\W PFILES\EASE MENTBuss1op wpd Page 2 of 2 Pages Initial S 89°34'39" E 40.36' -- _- NORTH QUARTER CORNER /' SEC. 31, T6N, R65W I 11011 STREET III o Nth I � / 3 I y_1 _ EXISTING 10' EASEMENT III 0 North > i TRACT B WELD COUNTY BUSINESS PARK P C SCALE: 1 =50' • I IS 89°54'11" E 140.00' R=420' L=50.21' CEN. ANG.=6°51'0 i CHORD=50.18' S 03°19'41" F N 82°05'14" TRUE POINT OF BEGINNING I I 6.00 I II II I I S 07°54'46" E 17.00' R=420' L=17.00' CEN. ANG.=2°19'09" CHORD=17.00' S 07°54'46"\I\ EI` • S 82°05114° 1 \ \ 1 6.00 I 11 1 1 \ \ \ EASEMENT DESCRIPTION: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF GREELEY, WELD COUNTY COLORADO; THENCE SOUTH 89°34'39" EAST, 40.36 FEET ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 31 TO THE CENTERLINE OF 17TH AVENUE AS SHOWN ON THE PLAT OF WELD COUNTY BUSINESS PARK P.U.D.; THENCE SOUTH 00°05'49" WEST, 179.06 FEET; THENCE SOUTH 89°54'11' EAST, 40.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID 17TH AVENUE; THENCE 50.21 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS IS 420', CENTRAL ANGLE IS 06°51'00" AND WHOSE CHORD BEARS SOUTH 03°19'41" EAST, 50.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 82°05'14" EAST, 6.00 FEET; THENCE SOUTH 07°54'46" EAST, 17.00 FEET; THENCE SOUTH 82°05'14" WEST. 6.00 FEET TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE; THENCE 17.00 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE RADIUS IS 420 FEET, CENTRAL ANGLE IS 02°19'09" AND WHOSE CHORD BEARS NORTH 07°54'46" WEST, 17.00 FEET TO THE TRUE POINT OF BEGINNING. Prepored by the City of Greeley. Public Works Department, Division of Engineers', 3/?. Jr. WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 356-4000, EXT. 4391 T PHONE (970) 336-7235 ai FAX: (970) 352-0242 915 TENTH STREET P.O. BOX 1948 luBeGREELEY, COLORADO 80632 LOLORADO March 20, 2000 Mr. Gary Taylor City of Greeley 1000 10th Street Greeley, CO 80631 Re: Proposed Grant of Easement for Bus Stop Bench and Shelter Dear Mr. Taylor: Enclosed is an original of a proposed Grant of Easement for the bus stop bench and shelter to be located on 17th Avenue, close to the Weld County administrative buildings. I do not have a description or plat for the location of the easement to be granted and,therefore, ask that you provide the same. Please review the proposed Grant of Easement and let me know if it meets with your approval. I will also send a copy of this letter and the enclosed to Mr. Rick Brady. Greeley City Attorney, for his review. I may be reached at(970) 356-4000, ext. 4390. Mr. Pat Persichino, Director, Weld County Buildings and Grounds Department, asks that you contact Mr. Steve Boeck of that department to coordinate the location of the easement. He may be reached at (970) 356-4000, ext. 4831. Sincerely,. / Brace T. Barker Weld County-Attorney pc: Rick Brady Pat Persichino Don Warden Glenn Vaad Voice mail received by Bruce March 15, 2000: Bruce, this is Gary Taylor, City of Greeley, 350-9751. I would like to put a bus passenger shelter up on 17th Avenue,just east, on the east side of the road, east of the Planning Department. It is a new bus stop that we have that would serve that area really well. We need an easement and the right-of-way I believe is 40 feet from the center of the road. We need 4 feet for a future sidewalk and about 11 feet for a pad. Tell me how that should work. Thanks. M:\WPFILES\D[ANE\V OICEMAIL\TAYLOR.WPD Hello