HomeMy WebLinkAbout851308.tiff RESOLUTION
RE: AUTHORIZATION FOR THE U. S . ARMY CORPS OF ENGINEERS TO ENTER
UPON THE ACQUIRED EASEMENT OF THE SOUTH PLATTE RIVER
EMERGENCY STREAM BANK EROSION PROTECTION PROJECT FOR ITS
CONSTRUCTION
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and Weld County Home Rule
Charter, is vested with the authority of administering the affairs
of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, deem the construction of emergency stream bank erosion
protection necessary along the South Platte River near
Platteville, Colorado, and
WHEREAS, James D. Kreidle and Dean H. Boedecker, General
Partners d/b/a Ferme Farms , own certain property, located within
the Southeast Quarter of Section 14 , Township 3 North, Range 67
West of the 6th Principal Meridian, Weld County, Colorado, and
WHEREAS, said property owners have granted and conveyed an
easement to Weld County, Colorado, for the purpose of said
construction, and
WHEREAS, the Board of County Commissioners desires to grant
to the United States of America, the United States Army Corps of
Engineers , its employees, agents and contractors the right to
enter in, over, and upon said easement for said construction.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the United States of
America, the United States Army Corps of Engineers, its employees ,
agents and contractors are hereby authorized to enter in, over,
and upon said easement for the purpose of said construction.
851308
Page 2
RE: U.S. ARMY CORPS OF ENGINEERS - SOUTH PLATTE RIVER
The above and foregoing Resolution was , upon motion duly made
and seconded, adopted by the following vote on the 4th day of
March, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: �� �� 7 • WELD COUNTY, COLORADO.
Weld County 'Clerk and Recorder
and Clerk to the Board u ine nsonn, Chairman
D putt' County Clerk ene R. Brantner, Pro-Tem
PRO D AS 1y.(1.--F-Z,,,
— C. W. Kir y
County Attorney (�/)
G
rank am
CERTIFICATE OF THE WELD COUNTY ATTORNEY IN SUPPORT
OF ASSURANCE OF LOCAL ACQUISITION OF THE NECESSARY
EASEMENT FOR THE CONSTRUCTION OF EMERGENCY STREAMBANK
EROSION PROTECTION ALONG THE SOUTH PLATTE RIVER
NEAR PLATTEVILLE, COLORADO
The undersigned, Thomas O. David, Weld County Attorney,
hereby certifies that he is the attorney for the Board of County
Commissioners of Weld County, Colorado, a body corporate and
politic, which has undertaken to act as local sponsor for the
construction of emergency streambank erosio -1 protection along the
South Platte River in Platteville, Colorado, and hereby certifies
that based upon the legal descriptions on file in the Office of
the Clerk and Recorder, Weld County, Colorado, the County of Weld
has acquired the necessary easement for said construction, said
property being described as:
A part of the Southeast Quarter (SE4) of
Section 14 , Township 3 North, Range 67 West of
the 6th Principal Meridian, Weld County,
Colorado, being more particularly described as
follows:
Beginning at the Northeast Corner (NE Cor) of
said Section 14 , and considering the East line
of the Northeast Quarter of Section 14 as
bearing South 03°08 ' 55" East, and with all
other bearings contained herein relative
thereto;
Thence South 02°11 ' 45" East, 2699 . 79 feet;
thence South 00°03 ' 35 " West, 30 . 00 feet to a
point on the South right-of-way line of Weld
County Road 322, also known as the TRUE POINT
OF BEGINNING; thence North 89°56 ' 25" West,
828 .00 feet along the South right-of-way line
of Weld County Road 322; thence South
00 °03 ' 35" West, 170 .30 feet; thence South
89°56 ' 25" East, 409 . 00 feet; thence North
00°03 ' 35" East, 80 . 30 feet; thence South
89 °56 ' 25" East, 419 . 00 feet; thence North
00 °03 '35" East, 90 . 00 feet to the TRUE POINT
OF BEGINNING.
The above described parcel contains 2 . 47
acres, more or less, and is subject to any
rights-of-way or other easements as recorded
by instruments of record or as now existing on
said described parcel of land.
DATED this 2'g" day of .Y� ____ / , 1985 .
THO S O. DAVID
Weld County Attorney
915 Tenth Street
P. O. Box 1948
Greeley, Colorado 80632
(303) 356-4000 ext. 4391
'AR2006739
B 1066 REC 02006739 04/22/85 15: 27 $0. 00 1/003
F 0715 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, James
D. Kreidle and Dean H. Boedelker, General Partners d/b/a Ferme
Farms II , P. O. Box 368 , Platteville, Colorado, 80651 , record
title owners of the following described real estate, for good and
valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant and convey to the County of Weld,
State of Colorado, (hereinafter called "County" ) , its successors ,
. representatives, employees and assigns, the right, privilege and
easement, to enter upon lands of the undersigned, situated in
County, with the following legal description:
A part of the Southeast Quarter (SE;) of
Section 14 , Township 3 North, Range 67 West of
the 6th Principal Meridian, Weld County,
Colorado, being more particularly described as
follows:
Beginning at the Northeast Corner (NE Cor) of
said Section 14 , and considering the East line
of the Northeast Quarter of said Section 14 as
bearing South 03 °08 '55" East, and with all
other bearings contained ' herein relative
thereto;
Thence South 02°11 '45" East, 2699 . 79 feet;
thence South 00°03 ' 35" West, 30 . 00 feet to a
point on the South right-of-way line of Weld
County Road 322, also known as the TRUE POINT
OF BEGINNING; thence North 89°56 ' 25" West,
828 . 00 feet along the South right--of-way line
of Weld County Road 322; thence South
00 °03 ' 35" West, 170 . 30 feet; thence South
89°56 ' 25" East, 409 .00 feet; thence North
00 °03 ' 35" East, 80 . 30 feet; thence South
89°56 ' 25" East, 419.00 feet; thence North
00 °03 ' 35" East, 90 . 00 feet to the TRUE POINT
OF BEGINNING.
Above said described parcel contains 2 . 47
acres , more or less , and is subject to any
B 1066 REC 02006739 04/22/85 15: 27 $0.00 2/003
F 0716 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
rights-of-way or other easements as recorded
by instruments of record or as now existing on
said described parcel of land.
To construct, operate, maintain, replace, repair, and inspect
an emergency stream bank erosion protection along the South Platte
River situated on or appurtenant to the aforedescribed property.
The undersigned further grant to the County and its assigns,
representatives and employees , the right of ingress and egress
across the aforedescribed land for the purpose of exercising the
rights granted herein and covenants that no structure shall be
erected or permitted upon the aforedescribed property except those
structures specifically allowed and agreed upon in writing by the
County.
County agrees that the undersigned shall have the right to
control, in conjunction with County, any access gates to the
aforedescribed property, upon the undersigns assurance that they
will allow County and its assigns , representatives and employees
the right of ingress and egress across the aforedescribed land
without restriction.
•
The undersigned covenant that they are record title owners of
the abovedescribed lands with the legal capability to freely and
voluntarily convey the easement granted herein and the undersigned
further expressly waive and relinquish any and all claims and
causes of action, whether known or unknown, against County, its
successors, assigns, representatives and employees, resulting from
acts reasonably and necessarily performed while exercising the
rights granted herein.
The undersigned agrees this easement shall run with and be
appurtenant to the aforedescribed property and shall he binding
upon the heirs , personal representatives, successors and assigns
of the parties hereto.
B 1066 REC 02006739 04/22/85 15: 27 $0. 00 3/003
F 0717 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
IN WITNESS WHEREOF, the parties jreretp have executed this
agreement on the /,� day of u. , 19X5— .
%
/ & ,-,...C
JAMES D. KREIDLE (3 e,'�. c
L/eneral Partner d/b/a
Ferme Farms II
P. O. Box 368
Platteville, Colorado 80651
SU SCR; ED AND SWORN to to before me this 7.0,,e- day of
c___ . , 19 -s .
WITNESS my hand and official seal.
,......."..,
::a3c a('.1 A R r Notary Public ;--7_3.-q " // c'e uci
t4 'ce31�Yssioii expires : - f-17,S
t�r ';r.
/t . / 72.A.,,,_,--7 ,z, z.4_,,..../
DEAN H. BOEDE KER ci 76 c 402
General Partner d/b/a
Ferme Farms II
P. O. Box 368
Platteville, Colorado 80651
SUpSCP.I ED AND SWORN to before me this /,a day of
-7. --K/ 19 ,F-__6— .
f� ; to ` � r 1t" s �o ----;.-7-1. �.
f* , Notary Public g�3 //—
s ' A' p1.1C ` —
2 .
My corrgWsiion expires: ..,_5"--- ,,„L-7._.--3'-_,I7,..5— . ry e. Xo�
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