HomeMy WebLinkAbout860283.tiff B 1108 RE 02048903 04/07/86 08 : 56 $0. 00 6/006
F 1115 MAhs ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RESOLUTION
RE: GRANT LICENSE TO LOUIS BLANDA TO CONSTRUCT AN IRRIGATION
DITCH WITHIN COUNTY 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 , Louis Blanda has requested authority from the Board
of County Commissioners of Weld County , Colorado, to construct an
open ditch to be used for the carriage of water to property owned
by him, said construction to be within the right-of-way of Weld
County Road 31 , and
WHEREAS, the Board deems it appropriate to grant a license
for the purpose of constructing said ditch within the right-of-way
of Weld County Road 31 upon the terms and conditions expressed in
said license , a copy of which is attached hereto and incorporated
herein by reference.
NOW, THEREFORE, BF IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado , that Louis Blanda be, and
hereby is, granted a license to construct an irrigation ditch
within County right-of-way.
BE IT FURTHER RESOLVED that the Chairman be, and hereby is,
authorized to sign said license.
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 31st day of
March, A. D. , 1986 .
-pCUI , %, BOARD OF COUNTY COMMISSIONERS
ATTEST: // �`r WELD COUNTY, COLORADO
•
� K
Weld G y?ky Clerk and Recorder
and C rk 4 the and Ja quel Chairman
By: epnty °1omit Clerk G� •.�v:L ac , ro-Tem
APP ED AS •
Gene R. Brantner
County Attorney •
Frank Yama
860283
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ARa046903 B 1108 EC 02048903 04/07/86 08 $0. 00 1/006
F 1110 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
LICENSE TO CONSTRUCT AN IRRIGATION DITCH
WITHIN THE COUNTY RIGHT OF WAY
This license, made and entered into this i2 day of March,
1986 , by and between Weld County, Colorado, by and through the
Board of County Commissioners for the County of Weld and State of
Colorado, as First Party, and Homeward Concrete Steps of Rochester
and Louis Blanda , Second Party;
WITNESSETH:
WHEREAS, Second Party is the owner of Lot B according to the
Recorded Exemption No. 1471-10-2-RE-445 , recorded in Book 900 ,
Reception No. 1822314 , in the Office of the Clerk and Recorder of
the County of Weld, a copy of which is attached hereto and made a
part hereof by reference , and
WHEREAS , Lots A and B lie adjacent to, and to the East of
Weld County Road 31 , which is a 60 foot right of way established
by the County of Weld, by resolution dated October 12 , 1889 , and
WHEREAS , Second Party has requested authority to construct an
open ditch to be used for the carriage of water to his said
property in an open ditch along the West line of said Lot A from a
point near the Southwest corner of said Lot A and to a point near
the Northwest corner of said Lot A, and
WHEREAS , First Party has agreed to grant a license for the
purpose of constructing an open ditch upon the terms and
conditions herein expressed.
NOW, THEREFORE, for and in consideration of the covenants
herein contained, First Party does grant to the Second Party, its
successors and assigns , a license to install, lay, maintain ,
alter, repair , operate , and remove an open irrigation ditch to be
used for the carriage of water to Lot B over and across that part
of the right of way of Weld County Road No. 31 lying to the West
of Lot A upon the following terms and conditions:
Page 1 of 3 Pages
B 1108 REC 02048903 04/07/86 08 : 56 $0. 00 2/006
F 1111 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1 . Second Party shall construct the open irrigation ditch
to the far eastern edge of the 60 foot right of way of Weld County
Road No. 31 .
2 . Second Party shall construction , operate , and maintain
said ditch in a farmer-like manner at his sole expense.
3. After Second Party has completed construction of the
said ditch, he shall remove all construction materials and debris
from the right of way.
4. Second Party shall maintain and clean the sediment,
weeds and debris which may inhibit the flow of water through the
open ditch, and shall use and operate the said ditch in such a
manner as not to cause damage to the road bed or traveled portion
of Weld County Road 31. If such damage should occur as a result
of Second Party' s use and operation of said ditch, Second Party
shall pay for all repairs of said damage.
5 . Second Party agrees to save and hold First Party
harmless from and of all third party claims for damages arising
out of the use , operation , construction, maintenance, repair or
removal of the open irrigation ditch.
6 . First Party retains the right to revoke this license at
any time without reason. First Party shall give the then owner of
said Lot B written notice of its intent to revoke this license at
least ninety (90) days prior to the date of revocation . Such
notice shall be sent to the Second Party by certified mail to
Second Party' s address appearing under the signature lines hereof.
Upon such revocation , Second Party shall within ninety (90) days
fill in and level the open irrigation ditch, returning it to
substantially the same condition as it was prior to the
construction of the said irrigation lateral.
7 . This license is appurtenant to the irrigation of Second
Party' s lands herein described, and the ownership, use and
operation of the open ditch shall follow the title to said Lot B.
Page 2 of 3 Pages
B 1108 REC u2048903 04/07/86 08: 56 $0. 00 3/006
F 1112 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
It is mutually understood and agreed that this license and
the terms and conditions hereof shall extend to and be binding
upon the parties hereto, and their successors in interest.
EXECUTED in duplicate the day and year first above written.
_• ��� FIRST PARTY:
ATTEST: \Il /tie WELD COUNTY, COLORADO, by and
� - through the Board of County
Weld C y
1prk and. Recorder Commissioners of the County of
and Cle 6!. `B. Boa Weld, State of Colorado
By:\ a \ ... \• \\\�..•
epu , C ni y 'C -rk Ja.que e Joh s .n , ' - i n
/
SECONb�PARTY c_
Y -
L IS B A
4600 Weld County Road 31
`— Fort Lupton, CO 80621
SUBSCRIBED AND SWORN to before me this )9f-r day of
()n0.112�'h , 1986 , by Louis Blanda.
WITNESS my hand and official seal.
tit
,uv Notary Public
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' My cbi1th "scion expires: .c /yf9
air OAR), ..
fcs9c3
Page 3 of 3 Pages
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s.,1:4- •;< r B 1108 REC 2048903 04/07/86 08: 56 $0. 00 4/006 '+ ' =' ..;f'
F 1113 MAR) ANN FEUERSTEIN CLERK & REC.,ADER WELD CO, CO '4+;
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APR 16 19140
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RECORDED EXEMPTION f4Q 147.1-IO-2-RE•445
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1 . D•nolu 540540pn LOT `A' Contains 5.436 Apes 4 k' "cov
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SCALE: I " : 500' LOT '8' Contains 76.809 Acres 1
' TOTAL 82.245 Acres :y
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OWNERS: '
DORSEY L. 9 NELLIE A.GLENN ,+ ,
r i 45O2 WELD COUNTY ROAD 3I : t1•,
I N FORT LUPTON COLORADO .
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Till,Mit ALPHA ENGINEERING
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e u"'•' "' FORT"L•UPTON, COLORADO • 1
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FEBRUARY 6, 198O • .ti.:;,'
v' Location Map ri..t i ./: -
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B 1108 REC 02. 3903 04/07/86 08: 56 . 00 5/006 ••;:7,:i,k.:',ht i+
F 1114 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • `: 1'..i �
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RECORDED EXEMPTION NO. I47I-I0-2-RE•445 l :
Legal Description: ' �� -- L.CF yi%The South one-half of the Northwest one-quarter of Section 10, Town-1 North, Range 66 West of the 6th P.M., Weld County, Colorado, { ..; :::
more particularly described as: Beginning at the Southwest corner of
said South one-half; r ! F
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Thence ROO.00'00"E on an assumed bearing along the west line of r4. said South one-half a distance of ,342.95 feet to the Northwest cor-ner of said South one-half:
Thence N89.37'30"E along the North line of said South one-half a o ' f1+`
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distance of 2663.59 feet to the Northeast corner of said South one- lhi '
half:
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t Thence SO0.08'00"W along the East line of said South one-half a • a
Saz r distance of 1348.78 feet to the Southeast corner of said South one- 1,
half; is
Thence 589.45'00'W along the South line of said South one-half a , •k• `
distance of 2660.42 feet to the point of beginning. Kb; '
Contains 82.245 Acres more or less. f '
.tyy. SURVEYOR'S CERTIFICATE
: y I hereby certify that this plat was prepared • „ =.
.! * 10A� by me , g
44,;• T and under my supervision and that the same �•., f } "
�. is correct to the best of my knowledge and belief. • � •
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.t4 a Cecil R. Crowe + '•4%
"IC Colorado P.E. & L.S. 12330
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.,� .We, Dorsey L. Glenn and Nellie A. Glenn, being the sole owners in fee 7 �
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of the above described property do hereby subdivide the same as shown
on the attached sup. .�
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-, Cti ad 4be ,deff.etnn.- nilduct avid
Dorsey Z. lenn Nellie A. Glenn ,t 4
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The foregoing certification was acknowledged before me this a pit".
7 • �,� * ,fi
day of Air-brans-1 A.D., 198 CL_. es_- . 'n
My commission expires: 7- 23-33 •,o{. ` ,-.'� I : ">:
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•.j Notary Public 'mr4,te guns.) �AIt:.1J �_ • �'°"- {
Witness my hand and foal `4i ,-,k,
at
The accompanying plat is accepted and approved for filing
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` CfAIRSAN OF THE BOARD OF COUNTY COMMISSIONERS )? P','•
A'1TEGZY t.r..• County Clerk b{AwcT G+"sM Cosa:r ':Me �4e
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