HomeMy WebLinkAbout860924.tiff RESOLUTION
RE: APPROVE CLOSURE OF EMILY ROAD AND AGREEMENT FOR PRIVATE USE
OF RIGHT-OF-WAY AND AUTHORIZE CHAIRMAN TO SIGN SAID AGREEMENT
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, pursuant to a Resolution dated September 8 , 1986 ,
the Board has been presented with an Agreement concerning the
closure of the right-of-way known as "Emily Road," running east of
Elmore Road for approximately 330 feet and adjacent to Lot 7,
Block 1 , of the Seemore Heights Subdivision , as shown on the
recorded plat, File 791 , Envelope 248 , Reception No. 1401156 , in
the office of the Weld County Clerk and Recorder, and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement, with the terms and conditions being as
stated in the Agreement, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS, the Board deems it appropriate that said portion of
Elmore Road be closed, and the right-of-way be subject to the
provisions of the above mentioned Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the right-of-way
known as "Emily Road, " running east of Elmore Road for
approximately 330 feet and adjacent to Lot 7 , Block 1 , of the
Seemore Heights Subdivision , as shown on the recorded plat , File
791 , Envelope 248 , Reception No. 1401156 , in the office of the
Weld County Clerk and Recorder be, and hereby is, closed.
BE IT FURTHER RESOLVED by the Board that the Agreement for
private use of said right-of-way be , and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
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F 1987 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
860924
Page 2
RE: RIGHT-OF-WAY - EMILY ROAD
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 29th day of
September , A.D. , 1986.
�"� BOARD OF COUNTY COMMISSIONERS
ATTEST: '771 {' . .. s « / WELD COUNTY, COLORADO
(aZ r. Ewa. i n f ,
Weld C 4y4trk and Recorder
apd 2 ' rke Board J:cq elfin Jo nso Acc + iman
r, 3, 1' $ ;\V4 v 4 WEXCUSED
B 4f i71, Gor on E. Lacy, Pro-Tem
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APPRE� $'T6 FORM: Gene R. Brantner
7
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County Attorney
Frank Yamag 1
B 1129 REC 02071414 09/30/86 10: 00 $0.00 5/005
F 1988 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
860924
A Hk07L414
AGREEMENT FOR PRIVATE USE OF RIGHT-OF-WAY
KNOWN AS "EMILY ROAD" IN THE SEEMORE HEIGHTS SUBDIVISION,
WELD COUNTY, COLORADO
THIS AGREEMENT, entered into this 29th day of September ,
1986, by and between the BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO, a body politic and corporate, organized and
existing by virtue of the laws of the State of Colorado, and the
Weld County Home Rule Charter , whose address is 915 Tenth Street,
Greeley, Colorado 80631 , hereinafter referred to as "County, " and
ROBERT C. AND PATRICIA S . NEWMAN, 13524 Elmore Road, Longmont,
Colorado 80501 , hereinafter referred to as "Private Users. "
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, plans to close the right-of-way known as "Emily Road ,"
running east of Elmore Road for approximately 330 feet and
adjacent to Lot 7 , Block 1 , of the Seemore Heights Subdivision , as
shown on the recorded plat , File 791 , Envelope 248 , Reception No.
1401156 , in the Office of the Weld County Clerk and Recorder, and
WHEREAS , Seemore Heights Subdivision is located in Section
30 , Township 3 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, Private Users own said Lot 7 , Block 1 , in the
Seemore Heights Subdivision , and
WHEREAS, Private Users wish to use the closed Emily Road
directly adjacent to said lot for private use, and
WHEREAS, the County deems it advisable to allow said use
according to certain conditions.
NOW, THEREFORE, County agrees to allow Private Users to put
the portion of Emily Road which is directly adjacent to Lot 7 ,
Block 1 , Seemore Heights, a subdivision of Weld County, Colorado,
located in Section 30 , Township 3 North, Range 68 West of the
6th P.M. , to private use, according to the following conditions:
1 . Limitation of Space. That Private Users may only use
that portion of Emily Road which is directly adjacent to the
above-described lot.
2 . Type of Use. That Private Users may use that portion of
Emily Road described above for any private use , except that
Private Users may not take any dirt, gravel , sand, etc. , from said
B 1129 REC 02071414 09/30/86 10: 00 $0. 00 1/005
F 1984 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 1 of 3 Pages
860924
portion of Emily Road. Private Users may not place any structures
or buildings upon said portion. of Emily Road; however, Private
Users may fence said portion.
3 . Indemnification of Loss Occassioned by Private Use of
Emily Road. That Private Users hereby agree to indemnify County
from any and all liability, loss, or damage County may suffer as a
result of claims , demands, costs , or judgments against it arising
out of said personal use of Emily Road by Private Users, whether
the liability, loss, or damage is caused by, or arises out of, the
negligence of County or its officers, agents, employees, or
otherwise, except for the liability, loss, or damage arising from
the intentional torts or the gross negligence of County or its
employees while acting within the course of their employment.
4 . Term. This Agreement will be in effect from the date of
signing until the earlier of the following:
a. This Agreement will terminate upon Private Users'
transfer of possession of Lot 7 , Block 1 , Seemore Heights , a
subdivision of Weld County, Colorado, located in Section 30,
Township 3 North , Range 68 West of the 6th P.M. Any
person (s) who may gain possession of said Lot from Private
Users must enter into a new Agreement with County for the
private use of that portion of Emily Road which is directly
adjacent to said Lot.
b. County may terminate this Agreement and revoke its
consent for the private use of Emily Road by Private Users at
any time. County must notify Private Users of such
termination , in writing, at least twenty (20) days prior to
the desired date of termination.
c. Upon termination of this Agreement, Private Users
must remove all personal property, fences, and all other
items from said portion of Emily Road prior to the date of
termination.
5. Maintenance. Private Users must reasonably clean and
maintain said portion of Emily Road during said use.
B 1129 REC 02071414 09/30/86 10: 00 $0.00 2/005
F 1985 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties hereto have hereunder
subscribed their names the day and year first above written .
BOARD OF COUNTY COMMISSIONERS
ATTEST: , -�_ ,-,� WELD COUNTY, COLORADO
Weld County Ci'erk and Recorder
and cila the Board B .
•
*t'., J cqu ine J son , C airman
By: ••
3s erk
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° }w PRIVATE USER:
l A Robert C.
_2/ SUBSCRIBED AND SWORN to before me this "oi/ day of
19 €571
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WITNESS my hand and official sea a.:: ~'. /
otary Pub c y; 4(4ln
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My commission expires: ey �•"•��•' 7. a�
PRIVATE USER:
1=By: G t,Htu-o Q•
Patricia S. Newman
dSUBSC IBED AND SWORN o before me thisp d' day of
A
ivnl/Llt) , 19r
WITNESS my hand and official seal.
may/gum �4
otary PublA�c t)\l RN, ':~4n
My commission expires: 74t4w_t t /,rK/?;72 y,. -( d l53\\
B 1129 REC 02071414 09/30/86 10: 00 $0. 00 3/005 unity°"'
F 1986 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 3 of 3 Pages
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