HomeMy WebLinkAbout20000909.tiff RESOLUTION
RE: ACCEPT CORRECTED GRANT OF EASEMENT FROM PUBLIC SERVICE COMPANY
OF COLORADO TO ACCESS PROPERTY IN SECTION 28, TOWNSHIP 2 NORTH,
RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, 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, by Resolution #990056, dated January 11, 1999, the Board did approve a
grant of easement from the Public Service Company of Colorado for the location of a grader
shed in Section 28, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado,
and
WHEREAS, said real property necessitates the granting of an access easement from
the Public Service Company of Colorado to Weld County, and
WHEREAS, the Board has been presented with a Corrected Grant of Easement, and
WHEREAS, after review, the Board deems it advisable to accept said corrected 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 Corrected Grant of Easement from the Public Service
Company of Colorado, be, and hereby is, approved.
2000-0909
PR0018
RE: GRANT OF EASEMENT FROM PUBLIC SERVICE COMPANY - S28, T2N, R66
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of April, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
LW
p/ W•-LD COUNTY, COLORADO
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ATTEST: �� . I �^ ♦ q�e'Ali/IA/ \
_{/ arbara J irkme er, Chair
Weld County Clerk to the B.1
a, .`N Van s 4//d
Geile, Pro-Tern
BY: Co�d7�C / 7
Deputy Clerk to the Boa \ / 'C1
�U/ 1�� a •e�E. Baxter
APP VED AS TO, �y
_/ Dale K. Hall
untjY �� _ /` /PatA (AA
Glenn Vaad
2000-0909
PR0018
Attach to
Document #2228
-plc CORRECTED 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 Ten Dollars ($10.00) and other good and valuable
consideration in hand paid, does hereby grant, bargain, sell and convey to Weld County, whose
address is 915 10th St. Greeley, CO 80631 (Grantee), its successors and assigns, a non-
exclusive easement to construct, maintain, alter, repair, replace, reconstruct, inspect, operate
and remove a driveway and utilities, together with related appurtenances on, over, under and
across the following described premises located in the County of Weld, State of Colorado, to
wit:
A parcel of land located in Section 28, Township 2 North, Range 66 West, of the Sixth Principal
Meridian, as more particularly described in Exhibit A and shown on Exhibit B attached hereto
and made a part hereof.
THIS CORRECTED EASEMENT IS BEING EXECUTED AND RECORDED TO CORRECT
THE DESCRIPTION SET FORTH IN EXHIBIT A AND THE PLAT SHOWN IN EXHIBIT B
ATTACHED TO THE ORIGINAL EASEMENT RECORDED AT RECEPTION NUMBER
2669683 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER.
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,
structures, signs or wells shall be erected, placed or permitted to remain on the
premises.
2. The Grantor reserves the right to place utility facilities in, under, over and across
said Easement which do not interfere with the Grantee's use of the premises.
3. The 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 the Grantor's
Indenture, and to its termination by the Indenture Trustee upon the occurrence
of an event of default under the Indenture.
5. Grantee agrees, to the extent permitted by law, to save, indemnify and hold
Grantor harmless from and against all claims and liability for damages, loss or
expense caused by any injury or death to any person or damage to property if
the same shall in any way be connected with or result of the exercise by the
Grantee of the rights granted herein.
6. This Easement is issued subject to any prior licenses, easements, or leases granted by
Grantor for facilities of other parties.
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7. In case of the permanent abandonment of this Easement, all right, privilege and
interest herein granted shall end, cease and terminate.
8. 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, at. seq., 25-
16-101, et. seq., 25-07-101, et. seq., and 25-8-101, et., seq. of the Colorado Revised
Statutes. 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. If the presence of hazardous substances arises as a result
of Grantee's use or occupancy of the premises, Grantee shall be responsible for all
actions, legal or administrative proceedings, demands, claims, judgments, damages,
penalties, fines, costs, liabilities, or expenses including, but not limited to personal
injury, property damage, diminution in property values and remediation of
contamination.
EXECUTED this day of 1-44e-14-- , 2000.
PUBLIC SERVICE
CEC/OMPANY OF COLORADO
By: 6i��G��7tiC,EC
Nicholas B. Faes, Manager
Siting & Land Rights, New Century Services
Agent for Public Service Company of
Colorado
STATE OF COLORADO
)ss.
CITY AND COUNTY OF DENVER )
•
The foregoing instrument was acknowledged before me this 217'S ay of /71Z�,e6// ,
2000 by Nicholas B. Faes, Manager, as Agent for Public Service Company of Colorado.
My Commission expires: -`-" &" 2002
Witness my hand and official seal. • /
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EXHIBIT "A"
PROPERTY DESCRIPTION
30' Access Easement
A strip of land Thirty feet(30') in width and being part of the Northeast Quarter (NE1/4) of Section
Twenty-eight (28), Township Two North (T.2N.), Range Sixty-six West (R.66W.) of the Sixth
Principal Meridian, County of Weld, State of Colorado with the center line being more particularly
described as follows:
BEGINNING at the East Quarter Corner of said Section 28 and assuming the East line of the
Southeast Quarter (SE1/4) of said Section 28 as bearing South 00°19'59" East as determined by a
GPS observation a distance of 2647.63 feet with all other bearings contained herein relative thereto:
THENCE North 00°19'03" West along the East line of said NE 1/4 a distance of 745.00 feet;
THENCE South 89°40'57" West a distance of 30.00 feet to the Westerly Right-Of-Way (ROW) line
of Weld County Road #31 (WCR#31). Said line also being the Easterly line of that parcel of land as
described in that document as recorded September 29, 1967 in Book 586 as Reception Number
1508307 of the records of the Weld County Clerk and Recorder (WCCR). Said point being the
TRUE POINT OF BEGINNING of said center line description:
THENCE South 89°40'57" West along said center line a distance of 195.00 feet to the TERMINUS
POINT of said center line description.
Said described parcel of land contains 5,850 Square Feet, more or less (±) and is subject to any rights-
of-way or other casements as granted or reserved by instruments of record or as now existing on said
described parcel of land.
It is the intent of this description that the sidelines be prolonged or shortened to intersect the Westerly
ROW line of said WCR#31 and that the end line be at right angles to the center line of said described
easement at the Terminus Point.
SURVEYOR'S CERTIFICATE
I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true and
correct to the best of my knowledge, information, belief, and in my professional opinion.
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Charles B. Jon:i :Q / Z;
i2098 v`�,j S' 0 /// -7.616%.,0
Colorado Regis h .Professional ta
Land Surveyor #2 't .,:�4L LANp 7=*
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
Project Number: 98289 (December 4, 1998)
(File: Igl-esmt.txt) (Revised: February 11, 2000)
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30' ACCESS EASEMENT EXHIBIT " B "
NORTH SIXTEENTH CORNER
SECTION 27/28-T.2N.-R.66W.
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PROJECT NO: 98289
CKING SURVEYORS, INC. PROJECT NO: 98289EXH
9299 EASTMAN PARK DRIVE DATE: MARCH 16, 2000
WINDSOR, CO. 80550 PHONE: (970) 686-5011 CLIENT: WELD COUNTY ENGINEERING
PUBLIC SERVICE
■/`'// COMPANY OF COLORADO'"
NEW CENTURY ENERGIES COMPANY
Siting and Land Rights
550 15th Street, Suite 700
Denver, Colorado 80202-4256
Telephone 303.571.7799
Facsimile 303.571 7877
March 24, 2000
Mr. Don Somer
Weld County Public Works
933 N. 11th Avenue
Greeley, CO 80631
Re: Easement for access in Section 28, Township 2 North, Range 66 West
Dear Don:
Please find enclosed (1) one revised original copy of the fully executed Easement Document.
This document will provide the necessary access for the road to the property that Weld County
has purchased from Public Service Company.
Upon acceptance of this document, by Weld County, please record the document and forward
one copy of the recorded document to the above letterhead address, attention Harry Swinhart.
If I can be of further assistance at this time, please contact me at 571-7292. Thank you.
Sincere y,
/1
/ it
Han)Swinhart, Agent
Siting and Land Rights
C2( P-G`7CA,"
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