HomeMy WebLinkAbout941302 s RESOLUTION
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RE: APPROVE AGREEMENT TO GRANT EASEMENT FOR RIGHT-OF-WAY - ROBERT E.
BACKUS
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 an Agreement to Grant Easement for Right-
of-Way between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Robert E. Backus, P.O. Box 909, LaSalle, CO 80645, with
terms and conditions being as stated in said agreement, and
WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement to Grant Easement for Right-of-Way between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and
Robert E. Backus be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of December, A.D., 1994.
A BOARD OF COUNTY COMMISSIONERS
ATTEST tr !/ WELD COUNTY, OLORADO
Cgunty t oard
. H. ester, hai an
BY.
Deputy- to the Boa Dale Ha , Pro-TeL
O D AS TO FOR • / e e• �iyl Ry",
Gvrge IC Baxter CI71STi01• Q ��r�eG
County Atto ey $ nceL. Harbey'
ra J. Kirkmeyo
2420175 B-1473 P-1 12/27/94 11:22A PG 1 OF 3 REC D0C 941302
Weld County CO Clerk & Recorder 0.00 EG0033
I -
AGREEMENT TO GRANT EASEMENT
FOR RIGHT OF WAY
This Agreement, by and between Robert E. Backus, of P.O. Box 909,
LaSalle, CO 80645 and the Board of County. Commissioners of Weld
Cry, Colorado, is entered into this
day of December, 1994 .
RECITALS
1 . The Board of County Commissioners have received a petition
from Carolyn S. Rains and Gary Gene Todd (Petitioners) , requesting the
County to vacate and abandon five feet (5' ) of the right of way on the
south side of that part of Weld County Road 48 hereinafter described,
for approximately three hundred forty eight feet (348' ) .
2 . The reason for the petition is that improvements on property
owned by Petitioners encroaches on the right of way of Weld County
Road 48 .
3 . Weld County Road 48 as described above runs along the
section line between Section 4 and Section 9, Township 4 North, Range
65 West of the 6th P.M. , and the County may at some time in the future
desire to construct a public road thereon, and therefore they wish to
retain a sixty foot (60' ) right of way.
4 . Robert E. Backus owns real property adjacent to and north of
the south line of
The South One-Half of the Southeast Quarter
(S1/2SE1/4) of Section 4, Township 4 North, Range
65 West of the 6th P.M. , said property being Lot
B of Recorded Exemption 1055-4-4-RE-1073,
Known as 23111 Weld County Road 43, LaSalle,
Colorado 80645 .
5 . Robert E. Backus is willing to grant to Weld County an
additional five foot (5' ) easement for a road right of way sufficient
to permit the county to construct a road if it should desire to do so
in the future .
6 . The County Commissioners desire to acquire such easement and
to grant to Robert E. Backus a license to use said easement unless or
until the County decides to construct a road.
THEREFORE, the parties, for good and valuable consideration, the
sufficiency of which is hereby acknowledged, agree as follows :
1 . Robert E. Backus hereby grants to Weld County an additional
easement for a road right of way which is five feet (5' ) in width
running west for approximately 348 feet along the north side of the
above described weld County Road 48, as extended.
2 . Weld County hereby grants to Robert E. Backus a license to
use said easement until such time as the County constructs a road.
941302
2420175 8-1473 P-1 12/27/94 11:22A PG 2 OF 3
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year set forth at the beginning of this
agreement.
/ l i. .
Robert E. Backus
BOARD OF COUNTY COMMISSIONERS
WELD//CCOUNTY, COLORADO
C JJ� DD
J Jrd,�,(
By: W.H. Webster, Chairman (12/28/94)
2420175 B-1473 P-1 12/27/94 11:22A PO 3 OF 3
951311
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