HomeMy WebLinkAbout851313.tiff RESOLUTION
RE: AUTHORIZATION FOR THE U. S. ARMY CORPS OF ENGINEERS TO ENTER
UPON THE ACQUIRED EASEMENT OF THE BIG THOMPSON RIVER
EMERGENCY STREAMBANK EROSION PROTECTION PROJECT NEAR
JOHNSTOWN, COLORADO, FOR ITS CONSTRUCTION
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 of County Commissioners of Weld County,
Colorado, deems the construction of emergency streambank erosion
protection necessary along the Big Thompson River near Johnstown,
Colorado, and
WHEREAS, Margaret E. Selby owns certain property, located
within the Northeast Quarter (NE4) of Section 32 , Township 5
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.
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851313
Page 2
RE: U.S. ARMY CORPS OF ENGINEERS - BIG THOMPSON RIVER
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 15th day of
April, A. D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: QA ✓ WELD COUNTY COLORADO
Weld County Clerk and Recorder \\IYI�(1RY�
and Clerk to the Boa 6Q,...r,_
a u ine nson, Chairman
eputy
County
i
eputy County Clerk Gene R. Brantner, Pro-Tem
PPR V AS •
/, 1,17„ e
e C. W. Ki pby
County Attorney C. �/ (,��
�ord5�flCLacy,
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Fr nk Yama chi
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 BIG THOMPSON RIVER
NEAR JOHNSTOWN, 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 erosion protection along the
Big Thompson River near Johnstown, 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 tract of land located in the Northeast
Quarter (NEa) of Section 32 , Township 5 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 32 , and considering the East line
of said Section 32 as bearing North 00°00 ' 00"
East, and with all other bearings contained
herein relative thereto;
Thence South 11°43 ' 22" West, 147 . 66 feet to a
point on the West right-of-way line of Weld
County Road 17, said point being the TRUE
POINT OF BEGINNING:
Thence North 90°00 ' 00" West, 135 .00 feet;
Thence South 00°00 ' 00" West, 200. 00 feet;
Thence North 90°00 ' 00" East, 135 .00 feet to a
point on the West right-of-way line of said
Weld County Road 17;
Thence North 00°00 ' 00" East, 200 . 00 feet along
said West right-of-way line of Weld County
Road 17 to the TRUE POINT OF BEGINNING.
Said described parcel contains 0 . 62 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 � ' day of 4 r' I , 1985.
THOMAS O. DAVID
Weld County Attorney
915 Tenth Street
P. O. Box 1948
Greeley, Colorado 80632
(303) 356-4000 ext. 4391
AR2nf6740
B 1066 REC 02006740 04/22/85 15 : 29 $0. 00 1/003
F 0718 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EASEMENT
KNOW ALL MEN BY THESE PRESENTS , that the undersigned,
Margaret E. Selby, 1718 Estrella Drive, Loveland, Colorado 80537,
record title owner of the following described real estate , for
good and valuable consideration, the receipt of which is hereby
acknowledged, does 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:
VAtciA13cr. CCA-1O/n«Flr5Cw e-41re is-� u: =o re)7-7 L-
A tract of land located in the Northeast
Quarter (NEQ) of Section 32 , Township 5 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 32 , and considering the East line
of said Section 32 as bearing North 00°00 ' 00"
East, and with all other bearings contained
herein relative thereto;
Thence South 11 °43 ' 22" West, 147 .66 feet to a
point on the West right-of-way line of Weld
County Road 17 , said point being the TRUE
POINT OF BEGINNING:
Thence North 90°00 ' 00" West, 135 .00 feet;
Thence South 00°00 ' 00" West, 200 .00 feet;
Thence North 90°00 ' 00" East, 135 .00 feet to a
point on the West right-of-way line of said
Weld County Road 17;
Thence North 00°00 ' 00" East, 200 .00 feet along
said West right-of-way line of Weld County
Road 17 to the TRUE POINT OF BEGINNING.
Said described parcel contains 0 . 62 acres ,
more or less, and is subject to any
rights-of-way or other easements as recorded
B 1066 REC 02006740 04/22/85 15: 29 $0 . 00 2/003
F 0719 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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 Big Thompson
River situated on or appurtenant to the aforedescribed property.
The undersigned further grants 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 undersigned' s assurance that she
will allow County and its assigns , representatives and employees
the right of ingress and egress across the aforedescribed land
without restriction.
The undersigned covenants that she is record title owner 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 be binding
upon the heirs, personal representatives , successors and assigns
of the parties hereto.
B 1066 REC 02006740 04/22/85 15: 29 $0. 00 3/003
F 0720 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the j C day of 47,f '
_ / '57 19
lia ZfuS s�Lr /
MARGARET E. SELBY
1718 Estrella Drive
Loveland, Colorado 80537
SUBSCRIBED AND SWORN to before me this , _ z.�
day of
, 19 Xt5-- .
WITNESS my hand and official seal.
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733 aly &gunission expires : .3 �e ��
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