HomeMy WebLinkAbout880198.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT WITH CITY OF EVANS
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 Temporary
Construction Easement with the City of Evans concerning
improvements to a road better known as Brantner Road, and
WHEREAS, the terms and conditions are as stated in said
Easement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after review, the Board deems it advisable to
approve said Temporary Construction Easement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Temporary
Construction Easement granted by the City of Evans to Weld County
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Temporary Construction
Easement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
March, A.D. , 1988 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: '� WE COUNTY, COLORADO
Weld County Clerk and Recorder _at
and Clerk to the Board ene R. Br ntn�irman
e,7
C eputy vJ C.W. Kirby, Pro em
eputy County Jerk
APPROVED AS TO FORM: Ja que 'ne ,l� j son
s.tGra
C --. 94.—County Attorney
M �% " '/ `n'
Frank Yamaguchi
RDDOSo2 ,-.de ..e7 880198 /
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT, granted this 1st day
of March , 1988 , by the City of Evans, Colorado, by and
through its City Council, hereinafter referred to "CITY, " to Weld
County, Colorado, by and through the Board of County Commissioners
of Weld County, Colorado, hereinafter referred to "COUNTY. "
WITNESSETH:
WHEREAS, by Ordinance No. 309, dated May 13 , 1975 , City
annexed Tract "A" of the Evans Industrial Park Subdivision and
thereby included said Tract within the corporate limits of the
City of Evans, Colorado, and
WHEREAS, said Tract "A" was dedicated to and accepted by City
on that date, and
WHEREAS, the plat of said Evans Industrial Park was recorded
at Book 739 , Reception Number 1660971 on May 22 , 1975 , in the
office of the Weld County Clerk and Recorder, and
WHEREAS, said Tract "A" was disconnected from the corporate
limits of the City of Evans by Ordinance No. 504-80 , recorded at
Book 940 , Reception No. 1861733 in the Office of the Weld County
Clerk and Recorder, and
WHEREAS, County now wishes to straighten a curve in "Brantner
Road, " which roadway runs across said Tract "A, " and
WHEREAS, City acknowledges that Brantner Road may be a
right-of-way by use pursuant to Section 43-2-201 (1) (c) , C.R.S. ,
and
WHEREAS, City has filed or plans to file with County an
application for the replat of Tract "A" so as to dedicate to
County the entire length of Brantner Road after the straightening
of the curves contained therein. A copy of said replat map is
attached hereto and is referred to herein as Exhibit "A. "
NOW, THEREFORE, for and in consideration of the mutual
covenants contained herein, City hereby grants a Temporary
Construction Easement across Tract "A" of the Evans Industrial
Park, as shown in the plat recorded at Book 739 , Reception No.
1660971 , in the Office of the Weld County Clerk and Recorder.
Said right-of-way is otherwise known as "Brantner Road, " and is
shown on the replat of said Tract "A" which is attached hereto as
Exhibit "A. " Said Temporary Construction Easement is subject to
the following terms and conditions:
Page 1 of 2 Pages
880198
r
.
` _l
1 . Said roadway, otherwise known as "Brantner Road, " shall
be constructed and maintained in a good and workman like manner.
2 . County may use any portion of Brantner Road or any other
portion of Tract "A" for the purpose of said construction.
3 . That this Temporary Construction Easement shall be in
effect only to and until the time that said application for replat
with County and filed by City may be approved by the Board of
County Commissioners of Weld County, Colorado.
IN WITNESS WHEREOF, the Parties hereto have signed this
Temporary Construction Easement this 14th day of
March , 1988 .
CITY OF EVANS , COLORADO, BY AND
THROUGH THE CITY COUNCIL OF
EVANS , COLORADO
By: %'f�
`
ZMAY0R
ACCEPTANCE OF TEMPORARY
CONSTRUCTION EASEMENT ,
By: WELD COUNTY, COLORADO, by and
through the Board of County
Commissioners of Weld County,
n Colorado
ATTEST: ! ('✓vVr\t
Weld County lerk and Recorder
and Clerk to the B rd By:See)
GENE R. B TNER, CHAIRMAN
•
eputy County Clerk
8801.98
Page 2 of 2 Pages
CITY OF EVANS , COLORADO
ORDINANCE NO. 696-88
AN ORDINANCE CONCERNING THE REALIGNMENT 'AND DEDICATION OF
BRANTNER ROAD LOCATED ON TRACT A OF EVANS INDUSTRIAL PARK,
WELD COUNTY, COLORADO
WHEREAS, the City of Evans is the owner of a parcel of land
described as Tract "A" , Evans Industrial Park , a part of the
Southeast Quarter of Section 3O, Township 5 North , Range 65 West
of the Sixth Principal Meridian , Weld County, Colorado , and which
lies outside the city limits of the City of Evans , and a roadway
lies on such parcel that needs to be improved in order to elim-
inate potential hazards , and
WHEREAS, the County of Weld has offered to cooperate with
the City of Evans to eliminate such hazards through a survey , a
replat and road construction with no cost to the City except what
costs may be incurred by a research of title for interest owner-
ship . ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANS, COLORADO:
Section 1 . Dedication of Brantner Road and Replat of Tract A.
1. The Mayor is authorized to execute all documentation
necessary to apply for a replat of such Tract "A" described above
including but not limited to the Certificate of Dedication and
Ownership on such replat , and any other application documents
with the County of Weld .
2 . That Brantner Road as shown on such replat be dedicated
to the County of Weld for future maintance as a public road .
3 . The City Council hereby approves the Temporary Con-
struction Easement for Weld County concerning such portion of
Brantner Road and authorizes the Mayor to execute the same .
4 . The City Council hereby approves the acceptance of the
Street Dedication of Part of Lot 1, Block 3, and Tract "B" , Evans
Industrial Park , City of Evans , Weld County, Colorado , as shown
on a map prepared by Jones-Wininger and dated December 1987 ,
identified as Project No. 1987-193 .
Section 2 . Publication and Effective Date . This Ordinance
after its passage on final reading , shall be numbered , recorded ,
published and posted as required by the City Charter and the
adoption, posting and publication shall be authenticated by the
signature of the Mayor and City Clerk , and by the Certificate of
Publication. This Ordinance shall become effective upon final
passage .
880198
1
PASSED AND APPROVED ON FIRST READING this 16th day of
February , 1988 .
CITY OF EVANS, COLORADO
B y:
ATTEST:
-MiAn J( MP,L� 111
City Clerk
PASSED, APPROVED AND ADOPTED ON SECOND READING this 1st
day of March , 1988 .
CITY OF EVANS, COLORADO
By: . e/ �iL
ATTEST: A8 �" �j Ma r
City Clerk
I, Kim Lanckriet, City Clerk of the City of Evans, hereby certify that the
above and foregoing is a true, full, and correct copy of Ordinance:,No. 696-88
adopted by the Council of the City of Evans, at a meeting held according to
law at Evans on the 1st day of March, 1988, as the same appears on file and
of record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City, this 2nd day of March, 1988.
ORAL) I IYY1 ainriAALL
City Clerk of the City of Evans
880193
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