HomeMy WebLinkAbout880463.tiff RESOLUTION
RE: APPROVE DEDICATION AND ACCEPTANCE OF DRAINAGE EASEMENT AND
RIGHT TO USE AND MAINTAIN IRRIGATION PIPE AND STRUCTURE WITH
JOHN LEONE 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, the Board has been presented with a document
concerning the dedication and acceptance of drainage easement and
right to use and maintain irrigation pipe and structure with John
C. Leone , and
WHEREAS , said document states that Mr. Leone will dedicate
and convey to Weld County a perpetual drainage easement and
perpetual right to use and maintain all waste irrigation pipes and
structures on certain portions of his property, and
WHEREAS, the legal descriptions of the properties are as
stated in the document, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS , after study and review, the Board deems it advisable
to approve said document.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the dedication and
acceptance of drainage easement and right to use and maintain
irrigation pipe and structure with John Leone be , and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be , and
hereby is, authorized to sign said document.
f r 880463
Page 2
RE: JOHN LEONE
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 15th day of
June , A.D. , 1988 .
/
772 � BOA D OF COUNTY COMMISSIONERS
ATTEST: WE OUNTY, C LORADO
Weld County Clerk and Recorder tie
and Clerk to the Board G . Bran ner, Chairman
13Y-------)1 ,
arts nuy� c �/ C ^ a irir Y, Pr. Tem
eputy County lerk
APPROVED TO FORM: Ja que TI ,o
C---->c7 Go .►�.. , a,1 _
441/1
County Attorney �^
Frank famaguchi
880463
4N214 5.319
DEDICATION AND ACCEPTANCE OF DRAINAGE EASEMENT AND
RIGHT TO USE AND MAINTAIN IRRIGATION PIPE AND STRUCTURE m m
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THIS DEDICATION AND ACCEPTANCE, made and entered into this kb
/_..3 day of Crier-1 6 , 1988 , by and between WELD
COUNTY, COLORADO, P. 0. Box 758 , Greeley, Colorado 80632, ['i
hereinafter referred to as "County, " and JOHN C. LEONE, 2425 19th k
Avenue, Greeley, Colorado 80631 , hereinafter referred to as y N
"Owner. " z
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WITNESSETH: m w
WHEREAS, County currently owns property located in the North m
Half of the North Half of the Northwest Quarter of Section 31 , U' 0
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Township 6 North, Range 65 West of the 6th P.M. , Weld County, H N
Colorado, hereinafter referred to as "Dominant Estate, " being more z o
particularly described in Exhibit "A, " which is attached hereto, n -,
and r °J
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WHEREAS, Owner owns property located immediately to the south m rn
of County' s above-described property, being more particularly m w
described as follows and hereinafter referred to as "Servient M
Estate" : 0
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The NW* of Section 31 , Township 6 North, Range 65 West of the M
6th P.M. , excluding the North 44 .32 acres of said NW* , also m o
excluding part of the N}N}NWI lying west of the private road, also o
excluding that portion of said NW} lying south and west of the w o
north boundary of the Cache La Poudre River, and d
WHEREAS , Owner desires to dedicate and convey to County a o ,..,
drainage easement across Servient Estate and the right to use and - -,
maintain certain irrigation pipes and structures on Servient 0 w
Estate.
NOW, THEREFORE, Owner makes the following dedication:
1 . Owner hereby dedicates and conveys to County a perpetual
drainage easement across Servient Estate for the discharge of all
storm water and waste irrigation water from approximately 236
acres in Sections 19 and 30 , Township 6 North, Range 65 West of
the 6th P.M. , Weld County, Colorado, and storm water from Dominant
Estate, with the point of discharge from Dominant Estate being
described as follows: Commencing at the North Quarter (Ni ) Corner
of Section 31 , and considering the north line of said Section to
bear N 89°34 '39" W, with all bearings contained herein being
relative thereto; then S 00°05 ' 47" W, a distance of 654 . 65 feet;
thence North 89°35 '52" W, a distance of 860 feet, more or less, to
the point of discharge. Said drainage easement shall be
appurtenant to Dominant Estate.
88040)
2 . Owner hereby dedicates and conveys to County the
perpetual right to use and maintain all waste irrigation pipes and
structures located in the following areas of Servient Estate: the
west 20 . 00 feet of the Northeast Quarter (NE*) , and the east Q1-'
540 .00 feet and the South 50 feet of the Northwest Quarter (NWI ) Ln
of Section 31 , Township 5 North, Range 65 West of the 6th P.M. , pJ 1O
Weld County, Colorado. Said right to use and maintain shall be g
appurtenant to Dominant Estate. Pin
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Signed this /3 day of J-4,4 )-1/4/ & , 1988 . z r
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OWNER: C
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CY f�C^ .C / H N
J n C. Leone z
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SUBZSC- 2IBED AND SWORN to before me this /121 -"Liu day of x r
4.4_1_,,
, 1988 , by John C. Leone. O1
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WITNESS My hand and official seal. al
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0 : .O_O_O_... puBot...,O Notary Pub lid/ 0ti 0
,`••••My.••6ommission expires : 7/7/6
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COUNTY HEREBY ACCEPTS the dedication and conveyance by Owner
of the above stated drainage easement and right to use and n o
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maintain. O w
Si ed this 15th day of June , 1988 .
ATTEST: . �. I ¢ J WELD COUNTY, COLORADO
Weld County/-O�k and Recorder
and Clerk tti4 A d By:
r i t`,)-•✓ ;' Gene R. Brantner, Chairman
h . '' `•*ti � Board of County Commissioners
D pu ) Ltupy-, erk of Weld County, Colorado
2 880463
EXHIBIT "A" hi to
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AM
-The Northwest i of Section 31 , Township 6 North, Range 65 West of t° `°
the 6th P.M. , Weld County, Colorado, g
EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded 0 n
July 28 , 1903 , in Book 207 at Page 398 , being more particularly 't o
described as follows: "'
The South 120 acres of the Northwest 4 of Section 31, Township 6 z
North, Range 65 West of the 6th P.M. It W
Also, [zi ~
Excepting Therefrom a strip of land 20 feet wide over and across m °
the Northwest * of Section 31 , Township 6 North, Range 65 West of m o
the 6th P.M. , being more particularly described as follows: E3 al
COMMENCING at a point on North line of South 120 acres of NW* of i., ,,,
said Section 31 , a distance of 500 feet East from Northwest Corner z 0,
of said 120 acres, n oo
thence North in a direct route to public highway on the line m 00 common to Sections 30 and 31 , Township 6 North, Range 65 West of x
the 6th P.M. °`
Also on -
EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded 0 o
March 22 , 1927 , in Book 806 at Page 541 , being more particularly o
described as follows:
All that part of the North Half of the North Half of the Northwest 0
Quarter of Section 31 , Township 6 North, Range 65 West of the 6th 00
P.M. , lying West of the right of way for a private road, over and * o
across the strip of land 20 feet wide described above , as conveyed r O
by Deed recorded July 28 , 1903 , in Book 207 at Page 398 . 0
Also EXCEPTING THEREFROM all that part of the Northwest $ of said o \
Section 31 lying North of the North line of the South 120 acres of o
o said Northwest } , South of the South line of the North Half of the O W
North } of said Northwest } and West of the right of way for a
private road, over and across the strip of land 20 feet wide
described above, as conveyed by Deed recorded July 28 , 1903 , in
Book 207 at Page 398 .
Also
EXCEPTING THEREFROM any portion of the Northwest * of said Section
31 which may lie South of the North 44 .32 acres thereof and North
of the South 120 acres thereof.
But
INCLUDING any and all improvements located thereon and all
minerals located thereunder, with the exception of oil and gas .
B80463
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