HomeMy WebLinkAbout851309.tiff RESOLUTION
RE: AUTHORIZATION FOR THE U. S. ARMY CORPS OF ENGINEERS TO ENTER
UPON THE ACQUIRED EASEMENT OF THE CACHE LA POUDRE RIVER
EMERGENCY STREAMBANK EROSION PROTECTION PROJECT FOR ITS
CONSTRUCTION
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and 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, deem the construction of emergency streambank erosion
protection necessary along the Cache La Poudre River near Weld
County Road 27 , and
WHEREAS , Mable, Wilbert W. , and M. Ruth Firestien, own
certain property, located within the Northeast Corner of Section
31 , Township 6 North, Range 66 West of the 6th Principal Meridian,
Weld County, Colorado, and
WHEREAS, said property owners have granted and conveyed an
easement to Weld County, Colorado, for the purpose of said
construction, and
WHEREAS, the Board of County Commissioners desires to grant
to the United States of America, the United States Army Corps of
Engineers, its employees, agents and contractors the right to
enter in, over, and upon said easement for said construction.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the United States of
America, the United States Army Corps of Engineers, its employees,
agents and contractors are hereby authorized to enter in, over,
and upon said easement for the purpose of said construction.
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851309
Page 2
RE: U. S. ARMY CORPS OF ENGINEERS - CACHE LA POUDRE RIVER
The above and foregoing Resolution was, upon motion duly made
and seconded, adopted by the following vote on the 4th day of
March , A.D. , 1985 . —
/� p ,v 1� �Ai% ���hh�Q ti BOARD OF COUNTY COMMISSIONERS
ATTEST: 1 WELD COUNTY, COLORADO.
Weld County Clerk and Recorder
and Clerk to the Board uts �' `
c u ine nson, Chairman
,-1 o. ceiL,C-2.) bolo r-ia7eputy ounty k Gene R.�B aY" ntner -Tem
APPR VDAST � ✓[
C. W. I 'r
County Attorney
G ac ,
Fran am u i
CERTIFICATE OF THE WELD COUNTY ATTORNEY IN SUPPORT
OF ASSURANCE OF LOCAL ACQUISITION OF THE NECESSARY
EASEMENT FOR THE CONSTRUCTION OF EMERGENCY STREAMBANK
EROSION PROTECTION ALONG THE CACHE LA POUDRE RIVER
NEAR WELD COUNTY ROAD 27
The undersigned, Thomas O. David, Weld Count
hereby certifies that he is the attorney for the Board of County
Commissioners , Y Attorney,
of Weld County, Colorado, a body corporate and
politic, which has undertaken to act as local sponsor for
construction of emergency streambank erosion protection along
Cache La Poudre the
certifies ae that based Rv upon r near Weld County Road 27, the
y
ertie of the legal descriptions on and hereby
the Clerk and Recorder, Weld County, file in the
County of Weld has acquired the necessary Colorado,t said
d
construction, said property being easement for
described as :
A tract of land located in the Northeast •
Quarter (NEa) of Section 31 , Township 6 North,
Range 66 West of the 6th Principal Meridian,
Weld County, Colorado, being more particularly
described as follows:
Beginning at the Northeast Corner (NE Cor) of
said Section 31 , and considering the East line
of said Section 31 as bearing South 00 °00 ' 00"
East, and with all other bearings contained
herein relative thereto;
Thence South 00 °00 '00" East, 1699 .47 feet;
thence North 90°00 ' 00" West, 30 . 00 feet to a
point on the West right-of-way line of Weld
County Road 27, said point being the TRUE
POINT OF BEGINNING. Thence North 84 °58 ' 34"
West, 456. 98 feet; thence North 78°07 ' 07"
West, 188. 65 feet; thence South 15°47 ' 28"
West, 88 .52 feet; thence North 86 °12 '47" East,
151 . 96 feet; thence South 43°54 '35" East,
584 . 11 feet; thence South 60 °07 ' 17" East,
123 . 63 feet; thence North 00°00 '00" West,
478 .68 fCo
ofunty along the West right-of-way line
BEGINNING. Road 27 to the TRUE POINT OF
Above said described parcel contains 3. 51
acres , more or less, and is subject to any
rights-of-way or other easements as recorded
by instruments of record or as now existing on
said described parcel of land.
DATED this day of--- /-c 4',-"d,v , 1985 .
5::;7;;,6-4::;7
THOMAS 0. DAVID
Weld County Attorney
915 Tenth Street
P. O. Box 1948
Greeley, Colorado 80632
(303) 356-4000 ext. 4391
AR27067 8
B 1066 REC 02006738 04/22/85 15:27 $0. 00 1/003
F 0712 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Mable,
Wilbert W. , and M. Ruth Firestien, 3953 Weld County Road 27 ,
Greeley, Colorado, 80631 , record title owners of the following
described real estate, for good and valuable consideration, the
receipt of which is hereby acknowledged, do hereby grant and
convey to the County of Weld, State of Colorado, (hereinafter
called "County") , its successors, representatives , employees and
assigns, the right, privilege and easement, to enter upon lands of
the undersigned, situated in County, with the following legal
description: VAGGiQI3LE C0t/31O f't.�7rip.%J.` ,C JCS .a404.1 EAPSr .Si �.ZOPE.6rY
FGvS%/. ez,vacJec'.
A tract of land located in the Northeast
Quarter (NEB) of Section 31 , Township 6 North,
Range 66 West of the 6th Principal Meridian,
Weld County, Colorado, being more particularly
described as follows:
Beginning at the Northeast Corner (NE Cor) of
said Section 31 , and considering the East line
of said Section 31 as bearing south 00°00 ' 00"
East, and with all other bearings contained
herein relative thereto;
Thence South 00°00 ' 00" East, 1699. 47 feet;
thence North 90°00 ' 00" West, 30 . 00 feet to a
point on the West right-of-way line of Weld
County Road 27, said point being the TRUE
POINT OF BEGINNING. Thence North 84 °58 ' 34"
West, 456 . 98 feet; thence North 78°07 ' 07"
West, 138 . 65 feet; thence South 15°47 ' 28"
West, 88 .52 feet; thence North 86°12 ' 47" East,
151 .96 feet; thence South 43°54 ' 35" East,
584 . 11 feet;) thence North 00°00 ' 00" West,
478 . 68 feet along the West right-of-way line
of Weld County Road 27 to the TRUE POINT OF
BEGINNING. * thend.e. South 6o°O7'/7"East, ML3.63 feet
Above said described parcel contains 3 .51
acres, more or less, and is subject to any
rights-of-way or other easements as recorded
by instruments of record or as now existing on
said described parcel of land.
To construct, operate , maintain, replace , repair, and inspect
an emergency stream bank erosion protection along the Cache La
Poudre River situated on or appurtenant to the aforedescribed
property.
B 1066 REC 02006738 04/22/85 15: 27 $0. 00 2/003
F 0713 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
The undersigned further grant to the County and its assigns ,
representatives and employees , the right of ingress and egress
across the aforedescribed land for the purpose of exercising the
rights granted herein and covenants that no structure shall be
erected or permitted upon the aforedescribed property except those
structures specifically allowed and agreed upon in writing by the
County.
County agrees that the undersigned shall have the right to
control , in conjunction with County, any access gates to the
aforedescribed property, upon the undersign ' s assurance that they
will allow County and its assigns, representatives and employees
the right of ingress and egress across the aforedescribed land
without restriction.
The undersigned covenant that they are record title owners of
the abovedescribed lands with the legal capability to freely and
voluntarily convey the easement granted herein and the undersigned
further expressly waive and relinquish any and all claims and
causes of action, whether known or unknown, against County, its
successors, assigns , representatives and employees, resulting from
acts reasonably and necessarily performed while exercising the
rights granted herein.
The undersigned agrees this easement shall run with and be
appurtenant to the aforedescribed property and shall be binding
upon the heirs, personal representatives, successors and assigns
of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the Zvi day of / :B,rcJ.4.PY 19 c 5
BLE FIRESTIEN
3953 Weld County Road 27
Greeley, Colorado 80631
"SUBSCRIBED AND SWORN to before me this ,2)76-X day of
- �?„64,,e2.4,5 , 19 I.!
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t+ ,M: FxN S my hand and official seal.
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Notary Pub is
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Ir 4137 ccs• fission expires •: ,�` �� -X5 • � efe 3s_ .2
B 1066 REC 02006738 04/22/85 15 :27 $0 .00 3/003
F 0714 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WoILBERT W. FI ESTIEN
3953 Weld County Road 27
Greeley, Colorado 80631
.SUBSCRIBED AND SWORN to before me this p-
• day of
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L-7 _1;4,2----
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,0y(/'c OOPs s i o n expires: ,_5-- -- ,z9 -,47,5-- C� c 'r,.7�
7)7. /� l 77�•a/�-�
3RUTH FIRESTIEN
,953 Weld County Road 27
Greeley, Colorado 80631
UBSCRIBED AND SWORN to before me this .�f - day of
. ,. - , 19 ,E
-27 ,-'
N�;. er
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-/:,.., - Notary Public
;moo° �3 // Qc
f. ry,. ... sSIon expires �� 0?3 . �°-y �,� �?G_3 /
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