HomeMy WebLinkAbout871512.tiff RESOLUTION
RE: APPROVE LICENSE TO USE RIGHT-OF-WAY AND AUTHORIZE CHAIRMAN TO
SIGN
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 dated July 20 , 1977 , and recorded at
Book 821 , Reception Number 1743157 in the office of the Weld
County Clerk and Recorder, First Party vacated Weld County Road
25 , running south of Weld County Road 46 , one-half mile to the
Town of Dent, subject to "Weld County reserving its right-of-way
easement on said property, and also maintaining all setback
requirements from Weld County' s right-of-way easement on said
property, and further, subject to a perpetual right of ingress and
egress by Weld County vehicles to the Bernhardt pit which is
located in Section 18, Township 4 North, Range 66 West of the 6th
P.M. , Weld County, Colorado," and
WHEREAS, the Board has been presented with a request from
Richard W. Roper, 111 King Avenue, Johnstown, Colorado 80534; and
Gerald Jenniges, 315 South Laura Avenue, Milliken, Colorado
80543 , for use of the County' s right-of-way on said property in
order to access property owned by them, and
WHEREAS, after review, the Board deems it advisable to grant
a License to Use Right-of-Way Easement to Richard W. Roper and
Gerald Jenniges, with the terms and conditions being as stated in
said License, 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 License to Use
Right-of-Way between Weld County and Richard W. Roper and Gerald
Jenniges be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said License.
B 1180 REC 02124878 $2/15/87 15:49 $0.00 4/005
F 0111 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ►
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R D was Cc: �1- ct e Weraffti nf41 871512
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Page 2
RE: LICENSE TO USE ROW - ROPER & JENNIGES
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 9th day of
December, A.D. , 1987.
BOARD OF COUNTY COMMISSIONERS
ATTEST:' pJ WELD COU Y, L O
Weld County lerk and Recorder
and Clerk to the Board Gor o . a y, airman
BY� C. . Rirb , Pr -Tem
Deputy County erk
APPROVED A TO FORM: Gene R. Bran ner
�G i-- . _e ei-
EXCUSED
Ja el a Johnso
ounty Attorney 5074.43
Fr y chi
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F 0112 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
871512
AR212487S - �" O
LICENSE TO USE RIGHT-OF-WAY EASEMENT
THIS LICENSE, made and entered into this 9th day of
Decamher , 1987, by and between WELD COUNTY, COLORADO,
by and through the Board of County Commissioners of Weld County,
Colorado, 915 Tenth Street, Greeley, Colorado 80631 , as First
Party and RICHARD W. ROPER, 111 King Avenue, Johnstown, Colorado
80534, and GERALD JENNIGES, 315 South Laura Avenue, Milliken,
c U Colorado 80543 , as Second Parties.
WITNESSETH:
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WHEREAS, Second Parties are the owners of the following
o property:
0
o a A parcel of land lying in the East Half of the
Northeast Quarter of Section 24 , Township 4
North, Range 67 West of the 6th P.M. , Weld
v County, Colorado, more fully described as
al CC follows: Beginning at the East Quarter Corner
o of said Section 24; then clockwise around the
,n said property along the following courses:
rig
(1) Westerly along the E-W center line of
cot) Section 24 a distance of 588 .23 feet;
Le') x
eyH (2) Deflection angle right is 109°06 '27" a
N H distance of 1568 .10 feet;
w (3) Deflection angle right is 157°59 '52" a
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distance of 1483 .57 feet along the East
co w' line of said Section 24 to the point of
beginning.
WHEREAS, by Resolution dated July 20 , 1977 , and recorded at
u5 Book 821 , Reception Number 1743157 in the office of the Weld
MR County Clerk and Recorder, First Party vacated Weld County Road
o w 25 , running south of Weld County Road 46 , one-half mile to the
coo Town of Dent, subject to "Weld County reserving its right-of-way
ri c easement on said property, and also maintaining all setback
W. requirements from Weld County' s right-of-way easement on said
property, and further, subject to a perpetual right of ingress and
egress by Weld County vehicles to the Bernhardt pit which is
located in Section 18 , Township 4 North, Range 66 West of the 6th
P.M. , Weld County, Colorado, " and
WHEREAS, Second Parties currently desire to use First Party' s
said reserved right-of-way easement so as to access the real
property owned by Second Parties and described above.
NOW, THEREFORE, in consideration of the covenants contained
herein and upon the conditions herein stated, First Party does
Page 1 of 3 Pages $71512
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grant to Second Parties, their successors and assigns, a license
to use Weld County's right-of-way easement commonly referred to as
Weld County Road 25 , running south from Weld County Road 46 for
approximately one-half mile and then bearing to the West to the
town of Dent, Colorado.
Conditions by which said Second Parties may use Weld County's
c u said right-of-way easement are as follows:
0
'4%p 1 . Second Parties must use said right-of-way easement in a
u manner so as not to disturb the adjoining landowners.
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A 2 . Second Parties must close any fence on said right-of-way
C easement at its intersection with Weld County Road 46 after
o x entering upon or leaving from said right-of-way easement.
4./Y W
o It is mutually understood and agreed that this License and
o all the terms, conditions, and obligations herein stated shall
a, a extend to and be binding upon each and all of the parties hereto,
their successors and assigns.
ui
EXECUTED IN DUPLICATE the day and year first written above.
co U FIRST PARTY:
1i
WWELD COUNTY, COLORADO, by and
N E through the Board of County
Y
rum ATTEST: — Commissioners of Weld County,
I � —{ Colorado
• Weld Cou `try, 'a ecorder
• w ::dak ;
er rd
N . By:
D puty Coun Clerk Go , Chairman
i
c SECOND PARTIES:
co oFiSat°d
ri
141
m w v
ichard W. Roper
(oUBSCRIBED AND SWORN to before me this ICI- day of
Alo no Lo. , 1987.
WITNESS my hwgd,,,and official seal.
; :
` Not ry Public
My comntissiS expires:
..61
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p% ,
%sm.,- Page 2 of 3 Pages 571512
El
dadialeildJenifrane •
1JUBSCRIBED AND SWORN to before me this I day of
o.cIIi.n A.4x.. , 1987.
LESS my hand and official seal.
_ ' ^T, a fi0 Not ry Public
c0vission expires:
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I=,,,f.. �,-G� /3i /99/
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B 1180 REC 02124878 12/I5/87 15:49 $0.00 3/005
F 0110 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
871512
Page 3 of 3 Pages
I ��
_ OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT.4391
P.O BOX P.O. BOX 1948
GREELEY,COLORADO 80632
•
I COLORADO- .
December 9, 1987
Mr. Richard W. Roper
111 King Avenue
Johnstown, CO 80534
RE: Your Copy of the Signed
Original of License to Use
Right-of-way Easement
Dear Mr. Roper:
Enclosed herein please find your copy of the original License to
Use Right-of-way Easement for Weld County Road 25 , running south
of Weld County Road 46 . This license was approved by the Board of
County Commissioners of Weld County on December 9 , 1987 .
If you should have any questions or comments concerning the
license, please feel free to call me at 356-4000 , Ext. 4391.
Sincerely,
Ii Bruce T. Barker
Assistant County Attorney
BTB:rm
Encl.
871512
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