HomeMy WebLinkAbout891161.tiff RESOLUTION
RE: APPROVE ASSIGNMENT OF RIGHT OF IMMEDIATE POSSESSION 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 the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, on October 2, 1989, the Board of County
Commissioners by Resolution authorized the Weld County Attorney to
proceed with an action to condemn certain property for the purpose
of constructing Weld County Bridge 58/47B, and
WHEREAS, on October 27, 1989, Weld County District Court
Judge Jonathan Hays signed an Order granting immediate possession
to the Board of County Commissioners of said properties, and
WHEREAS, the right of immediate possession of one of the
properties, an easement for power line, must be assigned to the
Poudre Valley Rural Electric Association so that said company may
remove certain power poles and reconstruct
as rth power
line
so that
Weld County s contractor may conclude its
connection with the construction of Bridge 58/47B, and
WHEREAS, the Board of County Commissioners deems that said
assignment is necessary forhealth, safety, and welfare of the
people of Weld County,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Chairman be, and
hereby is, authorized to sign the attached Assignment of Right of
Immediate Possession.
89116]-
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RE: ASSIGNMENT OF RIGHT OF IMMEDIATE POSSESSION
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 1st day of
November, A.D. , 1989 .
L" . BOARD OF COUNTY COMMISSIONERS
ttd G� WELD COUNTY, COLORADO
ATTEST:
Weld County C erk and Recorder EXCUSED Chairman
and Clerk to the Board C.W1�n'_iirrbby,
Gen R. arntner,/ ..
eputy County C rk � 444/
APP RO ED AS TO FORM: nstanHarbert
George nn CPIouAttorney -
G d • ✓�
891161
ASSIGNMENT OF RIGHT OF IMMEDIATE POSSESSION
o KNOW ALL MEN BY THESE PRESENTS that the County of Weld, by
o and through the Board of County Commissioners of the County of
p Weld, Colorado, whose address is 915 Tenth Street, Greeley,
o Colorado, hereinafter referred to as "Assignor" hereby assigns to
o the Poudre Valley Rural Electric Association, whose address is
o w P. O. Box 1727, Fort Collins, Colorado 80522-1727, hereinafter
c 3 referred to as "Assignee" , all of the Board of County
o a Commissioners of the County of Weld' s rights and interests in the
q immediate possession of the below-described property, pursuant to
% the "Order for Immediate Possession" in the case of Board of
o County Commissioners of the County of Weld, Colorado v. Colorado
a, ;y, Industrial Bank of Loveland; and Francis M. Loustalet, Weld
nqs
County Treasurer; Case No. 89-CV-912 , a copy of which is attached
o x hereto. The Assignor acknowledges the receipt of good and
a valuable consideration for this assignment. The property in
a, 5'1 interest is described as follows:
CO U
0 2 EASEMENT FOR POWERLINE
H
is7
0o EA A permanent utility easement in Weld County,
Project No. 58/47B, in the South Half of
�o p Section 12 , Township 5 North, Range 65 West of
Ln m the 6th P.M. , in Weld County, Colorado, said
z permanent utility easement being more
N Z particularly described as follows:
Beginning at a utility pole from which the
South Quarter Corner of Section 12 , Township 5
North, Range 65 West of the 6th P.M. bears
N O S 61°01 '44" East a distance of 679 feet;
Nln thence N 65°03 '00" East a distance of 262 feet
e" '" to a utility pole, 10 feet on either side of
0o w the straight line between the two utility
poles .'
Basis of Bearings : Assuming the south line of
said South Half as bearing S 89°44 ' 34" E from
the Southwest corner of Section 12 , Township 5
North, Range 65 West of the 6th P.M.
ASSIGNED this 27th day of October, 1989 .
ATTEST: COUNTY OF WELD, BY AND THROUGH
Mt p�yd� � THE BOARD OF COUNTY COMMIS-
/ SIGNERS OF THE COUNTY OF WELD,
COLON vlt0
Weld County Clerk and Recorder
and Clerk to the Bo d By;
.,� Gene Brantner, Pro-Tem
.16"-jr f . t 2 7, 6>
Deputy Clerk
891161
. aD COPY
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DISTRICT COURT, COUNTY OF WELD, COLORADO
Case No. 89-CV-912 Division II
ORDER FOR IMMEDIATE POSSESSION
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO,
Petitioner
v.
COLORADO INDUSTRIAL BANK OF LOVELAND; and FRANCIS M. LOUSTALET,
Weld County Treasurer,
Respondents .
THIS COURT, having considered the parties ' Motion and
Stipulation for Immediate Possession, and having considered all
other evidence as presented in the premises , hereby grants the
parties ' Motion for Immediate Possession, and sets the amount of
money to be temporarily deposited into the Registry of the Court
during the pendency of this action at the sum of $400 . 00 . The
Petitioner, its agents and assigns , are now authorized to
immediately possess the properties as described in the attached
"Exhibit A. "
BY THE COURT:
JONATHAN HAYS
District Court Judge
B31161.
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EXHIBIT A
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RIGHT-OF-WAY
A tract or parcel of land No . 4 of Weld County, Colorado, Project
_ No . 58/47B containing 0 . 388 acres , more or less , in the SE 1/4 of
the SW 1/4 of Section 12 , T. 5N. , R. 65W. , of the 6th P .M. , in Weld
County, Colorado , said tract er parcel being more particularly
described as follows :
Beginning at a point from which the S 1/4 •
corner of Section 12 , T. 5N. , R. 65W. , 6th P .M. ,
bears S . 54 °15 ' 59 " E. a distance of 730 . 81
feet;
•
1 . Thence S . 41 °03 ' 00 " E. a distance of
169 . 73 feet;
2 . Thence N. 48 °57 ' 00 " E. a distance of
100 . 00 feet;
3 . Thence N. 41 °03 ' 00 " W. a distance of
168 . 53 feet to the west line of the
property;
4 . Thence S . 49 °37 ' 55 " W. along the west
line of the property a distance of 100 . 01
feet, more or less , to the point of
beginning.
The above described parcel contains 0 . 388 acres , more or less , of
which 0 . 155 acres are in the right-of-way of the present road .
Basis of Bearings : Assuming the south line of said SW: 1 /4 as
bearing N . 89 ° 44 ' 34 " W. from the S . 1/4 corner of Section. 12 ,
T. 5N. , R. 65W. , 6th P .M.
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. TEMPORARY EASEMENTS
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• Temporary Easement No . TE-4
A strip of land lying adjacent to the project ' s existing southerly
right-of-way line and proposed southerly right-of-way line , being
. 17 ' wide from right of station 20+20 . 9 , and extending ' .
southeasterly to right of station 22+00 . 9 , being 40 ' wide thereat,
as part of Weld County Project No . 58/47B .
Temporary Easement No . TE-4-A
A strip of land 50 ' wide lying parallel to and adjacent to the
• project ' s proposed northerly right-of-way line from left of
station 20+70 . 9 , and extending southeasterly to left of station
21+30 . 9 , as part of Weld County Project No . 58 /47B .
Temporary Easement No . TE-4A
A strip of land 55 ' wide lying parallel to and adjacent to the
project ' s proposed southerly right-of-way line from right of
station 11+50 , and extending southeasterly to right of station
12+15 , as part of Weld County Project No . 58/47.
EASEMENT FOR POWER LINE
A permanent utility ' easement in Weld County, Prcject No . 58/478 ,
in the S 1 /2 of Section 12 , T. 5N. , R. 65W . of the 6th P .M. , in Weld
County, Colorado , said permanent utility easement being more
particularly described as follows :
Beginning at a utility pole from which the
S 1/4 corner of Section 12 , T. SN. , R . 65W. of
the 6th P .M. bears S . 61 °01 ' 44 " E. a distance
of 679 feet; thence N. 65 °03 ' 00 " E. a distance
cf 262 feet to a utility pole , 10 ' on either
side cf the straight line between the two
utility poles .
Basis of Bearings : Assuming the south line cf said S 1/2 as
bearing S . 89° 44 ' 34 " E . from the SW corner of Section 12 , T.SN . ,
R. 65 W. , 6th P .M.
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