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HomeMy WebLinkAbout860180.tiff RESOLUTION RE: AUTHORIZATION FOR CHAIRMAN TO SIGN AGREEMENTS FOR PRIVATE USE OF RIGHT-OF-WAY KNOWN AS BRUNO AVENUE IN WELD COUNTY, COLORADO 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 , closed the right-of-way known as Bruno Avenue between Tate Avenue and Weld County Road 33 by Resolution dated August 28 , 1985 , and WHEREAS , said right-of-way is in Country Estates Subdivision, which is located in Section 23 , Township 1 North, Range 66 West of the 6th P .M. , Weld County, Colorado , and WHEREAS , it was agreed by said Board that if the owners of the lots adjacent to the closed Bruno Avenue wish to privately use said right-of-way, they could do so only if they signed agreements with Weld County, wherein the limitations of said use would be defined, and WHEREAS , the following owners of land adjacent to the closed Bruno Avenue have executed agreements for the private use of said right-of-way and now desire that the Chairman of said Board sign the same : NAME LEGAL DESCRIPTION Marion L. and Loraine G. Hager Lot 8 , Block 1 , Country Estates Subdivision Russell M. and Judith A. Miller Lot 8 , Block 2 , Country Estates Sudivision William B. and Gladys R. Nester Lot 1 , Block 3 , Country Estates Subdivision Wesley D. and Sabra E. Wright Lot 8 , Block 3 , Country Estates Subdivision NOW, THEREFORE , BE IT RESOLVED by the Board of County Commissioners of the County of Weld, State of Colorado , that the Chairman be , and hereby is , authorized to sign the Agreements above mentioned and which are attached hereto and incorporated herein by reference. %,' /�7 860180 Page 2 RE: BRUNO AVENUE RIGHT-OF-WAY AGREEMENTS The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 19th day of February, A.D. , 1986 . BOARD OF COUNTY COMMISSIONERS ATTEST: ,,� WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board I. 1 e so , airman By: 1 iot ikt O r1 y eputy County C_er lkkkk G. ; !"'I,�y. ar.'t, "7 - -em APPROVED S TO � ene R. Brantner 'ounty Attorney P�i rank c . w. fag���hi y r 860180 AR2D43595 AGREEMENT FOR PRIVATE USE OF RIGHT-OF-WAY KNOWN AS "BRUNO AVENUE" IN WELD COUNTY, COLORADO o THIS AGREEMENT, entered into this 19th day of February , o u 1986 , by and between the BOARD OF COUNTY COMMISSIONERS OF WELD �., p COUNTY, COLORADO, a body politic and corporate, organized and o existing by virtue of the laws of the State of Colorado, and the O Weld County Home Rule Charter, whose address is 915 Tenth Street, O W Greeley, Colorado 80631 , hereinafter referred to as "County, " and c) 3 MARION L. HAGER AND LORAINE G. HAGER, 16015 Bruno Avenue , Fort o w Lupton, Colorado 80621 , hereinafter referred to as "Private c' qr' Users. " 0 V WHEREAS, the Board of County Commissioners of Weld County, M Colorado, closed the right-of-way known as "Bruno Avenue" between o w "Tate Avenue" and Weld County Road 33 by Resolution on August 28 , 1985 , a copy of which is attached hereto and is incorporated w herein, and ko WV N Z WHEREAS, said right-of-way is in Country Estates Subdivision, ZNH which is located in Section 23 , Township 1 North, Range 66 West of w the 6th P.M. , Weld County, Colorado, and w � O rn W M w WHEREAS , Lot 8 , Block 1 , Country Estates , a subdivision of ' z Weld County, Colorado located in Section 23 , Township 1 North, c., ,c Range 66 West of the 6th P.M. , which lot Private Users own, is o directly adjacent to Bruno Avenue, and va w � M WHEREAS, Private Users wish to use part of the closed Bruno cc-NJ Avenue 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 Bruno Avenue which is directly adjacent to Lot 8 , Block 1 , Country Estates, a subdivision of Weld County, Colorado located in Section 23 , Township 1 North, Range 66 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 Bruno Avenue which is directly adjacent to the 860180 Page 1 of 3 Pages above-described lot and which extends to the centerline of said Avenue. MO o 2. Type of Use. That Private Users may use that portion of Bruno Avenue described above for any private use, except that N v Private Users may not take any dirt, gravel , sand, etc. , from said • portion of Bruno Avenue. Additionally, Private Users may not place any structures or buildings upon said portion of Bruno ,(;), S Avenue. ox tr O 3 . Indemnification of Loss Occasioned by Private Use of U Bruno Avenue. That Private Users hereby agree to indemnify County la from any and all liability, loss , or damage County may suffer as a M result of claims, demands, costs, or judgments against it arising o ' out of said personal use of Bruno Avenue by Private Users, whether the liability, loss , or damage is caused by, or arises out of, the 1/4O a negligence of County or its officers, agents, employees, or aov otherwise, except for the liability, loss, or damage arising from z the intentional torts or the gross negligence of County or its w employees while acting within the course of their employment. N O Cl) 4 . Term. This Agreement will be in effect from the date of o signing until—the earlier of the following: enu, M z N a. This Agreement will terminate upon Private Users ' O transfer of possession of Lot 8 , Block 1 , Country Estates , a ua subdivision of Weld County, Colorado located in Section 23, Wa' Township 1 North, Range 66 West of the 6th P.M. Any r- person (s) who may gain possession of said Lot from Private o N Users must enter into a new Agreement with County for the H private use of that portion of Bruno Avenue which is directly w adjacent to said Lot. b. County may terminate this Agreement and revoke its consent for the private use of Bruno Avenue 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 belongings from said portion of Bruno Avenue prior to the date of termination. 860180 Page 2 of 3 Pages IN WITNESS WHEREOF, the parties hereto have hereunder subscribed their names the day and year first above written. M O BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO en U Weld Co3Z: ! ! Er and Cler g By:• k f1)- p., PRIVATE USER: O U . en a By: ',7,07/ `;. w MARION L. HAGER 0 ,-ix a to a SUBSCRIBED AND SWO s7 to before me this 4/st� day of \� , 19 Oz W WITNESS my hand and official seal. N E-+ O CO a o"'i w •P �• ,¢ • „- Notary' Public en o Z • .rimek •sion expires: /a-a /- k 0 � a 'p4t' , , : • ci W a . e LIG O PRIVATE USER: Mc tQFC 0O`P` •H WI By: �� . . , .i,4.--- riri LORAINE G. HAGER cow SUBSCRIBED AND SWORN L to before me this S—tt day of /I,02) ,� , , 19 fS_ WITNESS my hand and official seal. tiOT t..- ....5/111%\. i'D/��at ANotary Public 7.4 Tikey` isamriAssion expires: /07-,7/-f'cr 860180 . Page 3 of 3 Pages AM2143594 AGREEMENT FOR PRIVATE USE OF RIGHT-OF-WAY KNOWN AS "BRUNO AVENUE" IN WELD COUNTY, COLORADO oU THIS AGREEMENT, entered into this 19th day of February , 19 86 , by and between the BOARD OF COUNTY COMMISSIONERS OF WELD r1O COUNTY, COLORADO, a body politic and corporate, organized and o existing by virtue of the laws of the State of Colorado, and the A Weld County Home Rule Charter, whose address is 915 Tenth Street, O 3 Greeley, Colorado 80631 , hereinafter referred to as "County, " and • RUSSEL M. MILLER AND JUDITH A. MILLER, 2510 North Mathews Avenue, o W Fort Lupton, Colorado 80621 , hereinafter referred to as "Private a Users. " 0 U m a WHEREAS, the Board of County Commissioners of Weld County, w Colorado, closed the right-of-way known as "Bruno Avenue" between x "Tate Avenue" and Weld County Road 33 by Resolution on August 28 , W 1985 , a copy of which is attached hereto and is incorporated ,a herein, and co u oz cN H WHEREAS, said right-of-way is in Country Estates Subdivision, NE' which is located in Section 23 , Township 1 North, Range 66 West of .0 co • the 6th P.M. , Weld County, Colorado, and c CFI 14 L.r) w z WHEREAS , Lot 8 , Block 2 , Country Estates, a subdivision of o z Weld County, Colorado, located in Section 23 , Township 1 North, r`14 Range 66 West of the 6th P.M. , which lot Private Users own, is a directly adjacent to Bruno Avenue, and axg m m WHEREAS , Private Users wish to use part of the closed Bruno 2 k0 Avenue directly adjacent to said lot for private use, and W W 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 Bruno Avenue which is directly adjacent to Lot 8 , Block 2 , Country Estates, a subdivision of Weld County, Colorado, located in Section 23 , Township 1 North, Range 66 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 Bruno Avenue which is directly adjacent to the 860180 Page 1 of 3 Pages above-described lot and which extends to the centerline of said Avenue. 2. Type of Use. That Private Users may use that portion of Bruno Avenue described above for any private use, except that en o U Private Users may not take any dirt, gravel, sand, etc. , from said o portion of Bruno Avenue. Additionally, Private Users may not c\Z o place any structures or buildings upon said portion of Bruno U Avenue. A a 0 3 3. Indemnification of Loss Occasioned by Private Use of o a Bruno Avenue. That Private Users hereby agree to indemnify County 'h N from any and all liability, loss, or damage County may suffer as a o result of claims , demands, costs , or judgments against it arising ✓ out of said personal use of Bruno Avenue by Private Users , whether M Na the liability, loss , or damage is caused by, or arises out of, the negligence of County or its officers, agents, employees, or o otherwise, except for the liability, loss, or damage arising from a the intentional torts or the gross negligence of County or its employees while acting within the course of their employment. a mu N H 4 . Term. This Agreement will be in effect from the date of iF signing until the earlier of the following: 0 V N mw a. This Agreement will terminate upon Private Users ' L w transfer of possession of Lot 8 , Block 2 , Country Estates, a z subdivision of Weld County, Colorado, located in Section 23 , o Township 1 North, Range 66 West of the 6th P.M. Any o person (s) who may gain possession of said Lot from Private v a Users must enter into a new Agreement with County for the private use of that portion of Bruno Avenue which is directly adjacent to said Lot. M N O '-1 CO - 'i rl CO b. County may terminate this Agreement and revoke its consent for the private use of Bruno Avenue 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 belongings from said portion of Bruno Avenue prior to the date of termination. 660180 Page 2 of 3 Pages IN WITNESS WHEREOF, the parties hereto have hereunder o U subscribed their names the day and year first above written. 1SSorder BOARD OF COUNTY COMMISSIONERS U ATTES Ot." joist.ro WELD COUNTY, CO ORADO o g Weld C air n � w � �4t p -eput ¢o my erk m a PRIVATE USER: m rx By- / 1/40 R L T . MILLER m oZ N W SUBSCRIBED AND SWORN to before me this day of ouu)) , 19 ] WITNESS my hand and official seal. rnW in W M z N Notary Public w My commission expires: a m In 0 N PRIVATE USER: H 1/40 PQ w By: � 7 //X/� J ITH A. MIL ER / SUBSCRIBED AND SWORN to before me this day of , 19 WITNESS my hand and official seal. Notary Public My commission expires: 860180 Page 3 of 3 Pages AR204359d AGREEMENT FOR PRIVATE USE OF RIGHT-OF-WAY KNOWN AS "BRUNO AVENUE" IN WELD COUNTY, COLORADO THIS AGREEMENT, entered into this 19th day of February , 19 86 , by and between the BOARD OF COII5NTY 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 WILLIAM B. NESTER AND GLADYS R. NESTER, 16014 Bruno Avenue, Fort Lupton, Colorado 80621 , hereinafter referred to as "Private Users. " m O o o WHEREAS, the Board of County Commissioners of Weld County, o Colorado, closed the right-of-way known as "Bruno Avenue" between • "Tate Avenue" and Weld County Road 33 by Resolution on August 28 , o 1985 , a copy of which is attached hereto and is incorporated o w herein, and o : ox WHEREAS, said right-of-way is in Country Estates Subdivision, • which is located in Section 23 , Township 1 North, Range 66 West of o the 6th P.M. , Weld County, Colorado, and N .. W o WHEREAS, Lot 1 , Block 3 , Country Estates , 2nd Filing, a '" a subdivision of Weld County, Colorado, located in Section 23 , 1/4O a Township 1 North, Range 66 West of the 6th P.M. , which lot Private U Users own, is directly adjacent to Bruno Avenue, and oz N H c\v F WHEREAS, Private Users wish to use part of the closed Bruno o a Avenue directly adjacent to said lot for private use, and m O W in w WHEREAS, the County deems it advisable to allow said use o z according to certain conditions. N O w a NOW, THEREFORE, County agrees to allow Private Users to put the portion of Bruno Avenue which is directly adjacent to Lot 1 , ,n N Block 3 , Country Estates, 2nd Filing, a subdivision of Weld O r' County, Colorado, located in Section 23 , Township 2 North, Range 66 West of the 6th P.M. , to private use, according to the PI 44 following conditions: 1 . Limitation of Space. That Private Users may only use that portion of Bruno Avenue which is directly adjacent to the sEcilSo Page 1 of 3 Pages above-described lot and which extends to the centerline of said Avenue. 2 . Type of Use. That Private Users may use that portion of Bruno Avenue described above for any private use, except that Private Users may not take any dirt, gravel, sand, etc. , from said portion of Bruno Avenue. Additionally, Private Users may not place any structures or buildings upon said portion of Bruno Avenue. 3 . Indemnification of Loss Occasioned by Private Use of Bruno Avenue. That Private Users hereby agree to indemnify County o from any and all liability, loss, or damage County may suffer as a no result of claims, demands, costs, or judgments against it arising ; o out of said personal use of Bruno Avenue 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 o w otherwise, except for the liability, loss , or damage arising from o 3 the intentional torts or the gross negligence of County or its o a employees while acting within the course of their employment. (? W O 4 . Term. This Agreement will be in effect from the date of N z signing until the earlier of the following: O a . This Agreement will terminate upon Private Users ' transfer of possession of Lot 1 , Block 3 , Country Estates, O v 2nd Filing, a subdivision of Weld County, Colorado, located 0 2 in Section 23 , Township 2 North, Range 66 West of the 6th \ H P.M. Any person (s) who may gain possession of said Lot from Private Users must enter into a new Agreement with County for o• cn the private use of that portion of Bruno Avenue which is directly adjacent to said Lot. N Chw LO z b. County may terminate this Agreement and revoke its • < consent for the private use of Bruno Avenue by Private Users at any time. County must notify Private Users of such wx a termination, in writing, at least twenty (20) days prior to the desired date of termination. Mm oH ti c. Upon termination of this Agreement, Private Users w must remove all personal belongings from said portion of Bruno Avenue prior to the date of termination. 850180 Page 2 of 3 Pages IN WITNESS WHEREOF, the parties hereto have hereunder subscribed their names the day and year first above written. 1/41111' n �`f .}. BOARD OF COUNTY COMMISSIONERS ATTEST: annA;CAPn,aisr.. e WELD COUNTY, COLORADO r Weld Cou y erkipzad Recorder By �,.r— and Cler � d C airm W. u a. • ` = (Ikf 'c PRIVATE USER:en o o By: " WILLIAM B. N `. *r' " M o �9. a UBSCRIBED AND SWORN� _ to before me this o 3 , 19 d1� . 1 sir `o ar * to WITNESS my hand and official seal. o . o UR W V M a Nota Public r-io a My commission expires: 6/ ..../ 3 77 Al ICI co N , 0 PRIVATE USER: , 01e , t) ,r � w ip�. r rsr'H N By: 2 ' p ' � ,. a GLADYS NE • W ,r4,-..,,,,, ,f, ;ratr ch w « a 4. S' f`�1 W ,t�"r#1 iS ,4 S ar re a, z SUBSCRIBED AND SWORN to before me this ,,' e N < pAA.NN.bsJ r 19 b I°440 0_,yf�,vx , ' , U a WITNESS my hand and official seal. W ' W a M al o .� H Notar `Thtiplic Q141-4l 04 My commission expires: 9 ...(3,g 7 Page 3 of 3 Pages AI 043597 AGREEMENT FOR PRIVATE USE OF RIGHT-OF-WAY KNOWN AS "BRUNO AVENUE" IN WELD COUNTY, COLORADO THIS AGREEMENT, entered into this 19th day of February , 19 86 , by and between the BOARD OF COUNTY COMMISSIONERS OF WELD m0 COUNTY, COLORADO, a body politic and corporate, organized and o v existing by virtue of the laws of the State of Colorado, and the Weld County Home Rule Charter, whose address is 915 Tenth Street, u Greeley, Colorado 80631 , hereinafter referred to as "County, " and o WESLEY D. WRIGHT AND SABRA E. WRIGHT, 16405 Bruno Avenue, Fort aW Lupton, Colorado 80621 , hereinafter referred to as "Private o 3 Users. " oa v1 w z WHEREAS, the Board of County Commissioners of Weld County, o• Colorado, closed the right-of-way known as "Bruno Avenue" between • "Tate Avenue" and Weld County Road 33 by Resolution on August 28 , N m 1985 , a copy of which is attached hereto and is incorporated c ta herein, and r+ x a 1/40 w WHEREAS, said right-of-way is in Country Estates Subdivision, co which is located in Section 23 , Township 1 North, Range 66 West of N H the 6th P.M. , Weld County, Colorado, and Nw N [� O U1 WHEREAS, Lot 8 , Block 3 , Country Estates, 3rd Filing, a w subdivision of Weld County, Colorado, located in Section 23 , to w Township 1 North, Range 66 West of the 6th P.M. , which lot Private mr z Users own, is directly adjacent to Bruno Avenue, and Oz N R,' O WHEREAS , Private Users wish to use part of the closed Bruno a Avenue directly adjacent to said lot for private use, and mo O N "~ 1° WHEREAS, the County deems it advisable to allow said use according to certain conditions. aaw NOW, THEREFORE, County agrees to allow Private Users to put the portion of Bruno Avenue which is directly adjacent to Lot 8 , Block 3 , Country Estates, 3rd Filing, a subdivision of Weld County, Colorado, located in Section 23 , Township 1 North, Range 66 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 Bruno Avenue which is directly adjacent to the Page 1 of 3 Pages Sbti180 above-described lot and which extends to the centerline of said Avenue. o 2 . Type of Use. That Private Users may use that portion of o Ci Bruno Avenue described above for any private use, except that Private Users may not take any dirt, gravel, sand, etc. , from said o portion of Bruno Avenue. Additionally, Private Users may not place any structures or buildings upon said portion of Bruno o ▪ Avenue. o • to-c43 . Indemnification of Loss Occasioned by Private Use of a Bruno Avenue. That Private Users hereby agree to indemnify County o from any and all liability, loss, or damage County may suffer as a N a result of claims, demands, costs , or judgments against it arising out of said personal use of Bruno Avenue by Private Users, whether .. w the liability, loss , or damage is caused by, or arises out of, the - a negligence of County or its officers, agents, employees, or w otherwise, except for the liability, loss, or damage arising from o u the intentional torts or the gross negligence of County or its employees while acting within the course of their employment. oz N H orfl 4 . Term. This Agreement will be in effect from the date of w signing until the earlier of the following: m L7 rnW if c7.1 c z a. This Agreement will terminate upon Private Users' N Z transfer of possession of Lot 8 , Block 3 , Country Estates, o 3rd Filing, a subdivision of Weld County, Colorado, located u a in Section 23 , Township 1 North, Range 66 West of the 6th a P.M. Any person (s) who may gain possession of said Lot from Private Users must enter into a new Agreement with County for o N the private use of that portion of Bruno Avenue which is m kr, directly adjacent to said Lot. ww b. County may terminate this Agreement and revoke its consent for the private use of Bruno Avenue 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 belongings from said portion of Bruno Avenue prior to the date of termination. Page 2 of 3 Pages 8661B0 IN WITNESS WHEREOF, the parties hereto have hereunder subscribed their names the day and year first above written. BOARD OF COUNTY COMMISSIONERS o 0 ATTEST: eid lr WELD COUNTY, COLORADO M Weld Cou M�' corder B \ C5c-r � �� and Cler C al n o W 0 3 D put rk a `"' Q PRIVATE USER: a O ral U /12 p M WESLE . WRIGHT w 0 W SUBSCRIBED AND SWORN to before me this �"/ a3ay..•• . coo / ` "J , 19 S25-: • ��)� oz � ` �w WITNESS my hand and official seal. �y�: rri ' .« (NIom l F 1400� }# , W en w tary Public to w fi 0 2 My commission expires: /— 2 9 r7 N ,.c a U 0 PRIVATE USER: a MN ��j// / O N By: I !4'/ � r BRA E. WRIGHT A ww pie., J1)va } SUBSCRIBED AND SWORN to before me this 2/, , 1 r --722i1 , 19 �'�_ `icit� WITNESS my hand and official seal. Y3f , ' ary Public My commission expires: `---- ' 2 -' O / Page 3 of 3 Pages Hello