HomeMy WebLinkAbout851314.tiff RESOLUTION
RE: AUTHORIZATION FOR THE U. S. ARMY CORPS OF ENGINEERS TO ENTER
UPON THE ACQUIRED EASEMENT OF THE SOUTH PLATTE RIVER
EMERGENCY STREAMBANK EROSION PROTECTION PROJECT ALONG WELD
COUNTY ROAD 388 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 stream bank erosion
protection necessary along the South Platte River along Weld
County Road 388 , and
WHEREAS , James and Elizabeth Marie Holman own certain
property, located within the Northwest Quarter (NWa) of Section
14 , Township 5 North, Range 64 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.
851314
Page 2
RE: U.S. ARMY CORPS OF ENGINEERS - WCR 388
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 5th day of
June, A. D. , 1985 .
nQ -J BOARD OF COUNTY COMMISSIONERS
ATTEST: ‘111 ( nn: Up/Wt4C WELD COUNTY, COLORADO
Weld County Clerk and Recorder.
and Clerk to the B rd &tine J h son, Chairman By: Deputy Qount yi Gene R. Brantner, Pro-Tem
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APPROVED S TO F `// -[�
C. w. � r /
County Attorney odt e
0.4ii l
Frank Yam guchi�
AR2012463 EASEMENT
KNOW ALL MEN BY THESE PRESENTS , that the undersigned, James
and Elizabeth Marie Holman, 10506 King Court, Westminster,
Colorado 80030 , 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:
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A tract of land located in the Northwest
Quarter (NA-) of Section 14 , Township 5 North,
Range 64 West of the 6th Principal Meridian,
Weld County, Colorado, being more particularly
described as follows:
Beginning at the Northwest Corner (NW Cor) of
said Section 14 , and considering the West line
of said Section 14 as bearing South 00°00 ' 00"
West and with all other bearings contained
herein relative thereto;
Thence South 00°00 ' 00" West, 780 . 00 feet;
Thence South 35°40 ' 40" East, 1197 .08 feet to a
point on the centerline of Weld County Road
388;
Thence South 40°54 ' 07" West, 30 . 14 feet to a
point on the South right-of-way line of Weld
County Road 388 , said point being the TRUE
POINT OF BEGINNING:
Thence along said South R.O.W. the following
three courses and distances:
South 43°40 ' 20" East, 347 .86 feet;
South 46°40 ' 34" East, 411 .31 feet;
South 55°55 ' 23" East, 98 . 00 feet;
Thence South 22°28 ' 46" West, 34 . 66 feet;
Thence North 59°56 ' 08" West, 113 .43 feet;
Thence North 47°05 ' 10" West, 965 . 26 feet;
Thence North 65°05 ' 30" West, 307 .62 feet;
Thence North 18°45 '08" East, 47 .80 feet;
Thence North 27°36 ' 26" West, 179 .92 feet;
Thence North 44°33 '02" East, 8 .79 feet to a
point on the South right-of-way line of Weld
County Road 388;
Thence along said South R.O.W. the following
three courses and distances:
B 1072 REC 02012463 06/06/85 10: 12 $0. 00 1/003
F 0386 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
South 45 °33 ' 27" East, 228 .51 feet;
South 52°37 ' 10" East, 153 .38 feet;
South 54 °31 ' 26" East, 311 .39 feet to the TRUE
POINT OF BEGINNING.
Said described parcel contains 1 .86 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.
To construct, operate , maintain, replace, repair, and inspect
an emergency stream bank erosion protection on the South Platte
River along Weld County Road 388 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 undersigned' s assurances 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 agree 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 1072 REC 02012463 06/06/85 10 : 12 $0. 00 2/003
F 0387 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the Z8 day of AlF,y , 19 85 .
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1 06 King Court
Westminster, Colorado 80030 ,
BSCRIBED AND SWORN to before me this 1d7 t3. day of
Lyyptak,�r , 19 Zs
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ITN iAy hand and official seal.
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My commission expires: J -2.3 -Y9 . a
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ELIZZAETH MARIE HOLMAN
105 King Court
Westminster, Colorado 80030 ,
BSCRIBED AND SWORN to before me this ,,21S-45' day of
y, .WITIlagOk. hand and official seal.
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My commission expires : - 2Z3 -f3 _. go g_3/
B 1072 REC 02012463 06/06/85 10: 12 $0. 00 3/003
F 0388 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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