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HomeMy WebLinkAbout911399.tiff AR2271912 RESOLUTION RE: AUTHORIZE ACCEPTANCE OF DEED AND GRANTS OF EASEMENT - WELD COUNTY ROAD 74 PROJECT o O WHEREAS, the Board of County Commissioners of Weld County, Colorado, ri o pursuant to Colorado statute and the Weld County Home Rule Charter, is vested u with the authority of administering the affairs of Weld County, Colorado, and Ca w WHEREAS, the County Attorney's Office has presented for acceptance, a Deed o O 3 for right-of-way, and two Grants of Easement from The Windsor Reservoir and Canal o a Company, concerning the Weld County Road 74 Project, and to W a WHEREAS, after consideration, the Board deems it advisable to accept said u U Deed and Grants of Easement, copies being attached hereto and incorporated herein VD a by reference. N ° NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld rig County, Colorado, that said Deed and Grants of Easement from The Windsor wReservoir and Canal Company be, and hereby are, accepted. ria mu „ The above and foregoing Resolution was, on motion duly made and seconded, H H adopted by the following vote on the 2nd day of December, A.D. , 1991. ---- w (NI Ed HI Cil X �//� BOARD OF COUNTY COMMISSIONERS N w ATTEST / /((y� iU� WELD COUNTY OLORADO r..i W mw Weld Csiiilifty Clerk to the Board ri tI 2 Gor L airman N a' `�" // O By: • B4.4 itwa ut :Clerk to the Board Geo a K-enTedy, Pro-Tem a APPROVED AS FORM: (Al2S./��--' ..- CA 1/40 Constance L. Harbert H• NI W st 44 C. W. K�� County Attorney y W. H. ster 911399 \ °0&5 CG ' Ill I ( ,' gene-700) RESOLUTION The Board of Directors of The Windsor Reservoir and Canal Company, at its regular meeting held on Ahu 0 /99/ , 1991, hereby adopts the following resolutions. The Board has been advised by the President of the O ongoing discussions and negotiations with Weld County (,) concerning the project for straightening Weld County Road 74 which runs in an east-west direction generally on the N 0 southern boundary of Windsor Reservoir and Thompson Lake, which are 'owned by the Company. The Board has been advised a that as a part of this project, Thompson Lake will be drained 0 w and the water historically stored in it (average 400 AF per 0 3 year) will be transferred from one of the decrees on Windsor 0 Reservoir to Cobb Lake. The property under Thompson EA- al a Reservoir will no longer be used for water storage by the o Company. The President has further explained to the Board w that as a part of the negotiations with the County, new Weld v a County Road 74 will be straightened to run across the center N of the lake bed of Thompson Lake. It has been explained that i° x this will require a deeded right of way from the Company to x Weld County and the execution of an Agreement providing for a erosion control, drainage, handling of water from the outlet m O of Windsor Reservoir and related work. The engineering plans ▪ z have been reviewed by the Company's engineer and have been • w approved by the engineer for the Company and the Weld County N engineer. a N The President also reported that in connection with w finalizing the Agreement with Weld County, the Weld County surveyor had determined that due to some minor discrepancies N z in the public records and the difficulty in precisely N locating the boundary between the Company's property and the adjacent property owned by R & M Company it was necessary to w enter into a Boundary Line Agreement between the Company and x R & M whereby those parties would agree that the existing 01 r- fence line would be the legal boundary between their M01 o respective properties. HI N m w The President reported that these Agreements had been finalized with the County and with R & M and that they have been approved by counsel. After discussion, and upon motions duly made, seconded and unanimously approved, it was: RESOLVED, that the BOUNDARY LINE AGREEMENT dated October 17, 1991 between Windsor Reservoir and Canal Company and R & M Company is hereby approved, ratified and adopted. RESOLVED, that the AGREEMENT dated October 21, 1991, between Windsor ri o Reservoir and Canal Company and Weld e-i U County concerning the reconstruction of � . Weld County Road 74 is hereby approved, m o ratified and adopted. a RESOLVED, that the officers are o z authorized to proceed with filing the • necessary documents with the Water o 43 w Court, Division I, for an Application a for Change of Storage Right for up to O 400 AF from Windsor Reservoir, which w water has historically been stored in N a Thompson Lake, to Cobb Lake. .. w .-° x RESOLVED, that the officers of the a Company are hereby authorized to execute a whatever additional documents, 61 C-) agreements, deeds and the like and to -I z take such other steps as may reasonably w be required or necessary to complete ri N these Agreements and to secure the a change in storage right modifying the N o Company's decrees. The Secretary is rn w directed to attach copies of these -4 Agreements to this Resolution for r-- z inclusion in the official records of the o Company. >i a 0 The above resolutions were unanimously adopted by the Board of Directors o#, The Windsor Reservoir and Canal Company c rn this g day of ovf,»t e/! , 1991. M O H N �4 ') k il��i ig G l" '/ THE WINDSOR RESERVOIR AND t Y4 J, CANAL COMPANY 4 " r,i i( -( ' - i r i i t i i By: ...M-7n cn" l�'l fua Elmer R. Gustafso,President ATTEST: ' ' 1J '/ it \ ‘ By: 0,72 rizfe r Donn Engel, Secreta \� 91.1399 Recorded at o'clockM., Reception No. Recorder. RECORDER'S STAMP THIS DEED,Made this //tit day of i dveat la 1991 ,between The Windsor Reservoir and Canal Company, a corporation organized and existing u der and by virtue of the laws of the State H O otheColorado County of Weld and State of Colo- r.) rado,of the first part, and The County o£ Weld, a body p corporate and politic of the State of Colorado V whose legal address is 915 Tenth Street, Greeley, CO 0 80691 o w of the O 3 County of Weld and State of Colorado,of the second o x part; �r w WITNESSETH,That the said part of the first part,for and in consideration of the sum 0 of good and valuable consideration w UMW( to the said part y of the first part,in hand paid by the said party of the second part,the N receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and con- 10 veyed, and by these presents does grant, bargain, sell, convey and confirm unto the said rig party of the second part, its heirs and assigns forever, all the following described a lot or parcel of land, situate,lying and being in the County of Weld Q, and State of Colorado,to wit: Z A right-of-way for public road purposes over the parcel '-IH of land described in the attached Exhibit "A. " � w N E1 N U] a Ira N W1. � cs, W r-I ✓ z N z N O c4 V c4 w ICKMC KilfailSgr O1 O- Together with all andsingular the hereditaments and appurtenances thereunto belonging, or in re: oN anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate,right,title,interest,claim and demand whatsoever, al 44 of the said art p y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said party of the second part, its heirs and assigns forever. And the said part y of the first part,for it sel f its heirs,executors and administrators,do e s covenant,grant,bargain and agree to and with the said part y of the second part, its heirs and assigns, the above bargained premises in the quiet and peaceable possession of said part y of the second part, its heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or undenlid slaic1part y of the first part to WARRANT AND FOREVER DEFEND. 4"1„ i'WITNESS,WHEREOF,The said party of the first part ha s hereunto set its I lyf aye"rid se4, on the day and year first above written. The Windsor Reservoir and r i ??, . 1.4� T . Canal Company, a corpora on y tSi ,PPPPeare nd Delivered in the presence of oL lzze;1 and LLi11 t�fie�'] /7 and by virtue oxt the Laws oz T � � _� J( the State of Colorado [SEAL] •iXoart .` Engel , Se et y wwv ►ti By:-,--,nits`?ItadWen) [SEAL] STATE OF COLORADO, Elmer R. Gustalson,Presiden ss. County of Weld The foregoing instrument was acknowledged before me this / / a. day of NO IMaalia r 1991 ,by Elmer R. Gustafson, President, The Windsor Reservoir and Canal Company My commission exyiret, t I /3 ,19 94 .Witness and and ficial seal. 4 • ,9 Notary Public. It/ \‘)• ..•c o nl#(1/4% ' No.16 SPECIAL WAREANTY DEED.—Bradford Publishing Co.,1824-46 Stout Street,Denver,Colorado(573-5011)1247 O Exhibit "A" • PROPERTY DESCRIPTION A parcel of land being part of the South Half (S1/2) of Section Thirty-three (33) , Township Seven (7) North, Range Sixty-seven (67) West of the Sixth Principal Meridian (6th P.M. ) , ALSO Being part of Lot Two (2) of the Northeast Quarter (NE1/4) and part of Lot Two ( 2) of the Northwest Quarter of Section Four (4) , Township Six (6) North, Range Sixty-seven (67) West of the 6th P.M. , all in the County of Weld, State of Colorado, and being more , C.) particularly described as follows: 0 Lc) o BEGINNING at the Quarter Corner common to Section 33-T.7N.-R.67W. and Section 4-T.6N.-R.67W. as monumented by a set 30" of Schedule a 10 - #6063-T52 aluminum tubing with a 3 1/4" Diam. aluminum cap o stamped as per BLM instructions and "JONES LS 22098" set in a cast o a iron monument box with lid marked "SURVEY" and considering the vrw South line of said S1/2 of Section 33 as bearing South 89°40'12" z West as determined by a Solar Observation on February 15, 1991 with o all other bearings contained herein relative thereto. The Section LA Corner common to Sections 32/33-T.7N.-R.67W. and Sections 4/5- N T.6N.-R.67W. as monumented by a found #4 rebar bears South o 89°40'12" West a distance of 2619. 24 feet from said Quarter Corner: Ha a r a #1: THENCE South 89°40'12" West along said South line a distance O U of 1452.27 feet to the TRUE POINT OF BEGINNING: � z H #2: THENCE North 24°48'24" East a distance of 66.28 feet to a point Hi m Sixty feet (60' ) North of as measured at right angles to the a w South line of said Section 33 ; N � � W oi44 #3 : THENCE North 89°40'12" East parallel with and 60' North of as r z measured at right angles to the South line of said Section 33 N ecC a distance of 1962.80 feet; 0 w e4 #4: THENCE North 44°40'12" East a distance of 40.15 feet; a 0+ o #5: THENCE South 76°12'45" East a distance of 239. 38 feet to a o point on the North Right-Of-Way (ROW) line of the existing Weld County Road (WCR) #74; 1444 #6: THENCE South 00°19'48" East a distance of 30.00 feet to a point on the South line of said S1/2 of Section 33 , also being the North line of Section 4 , and being the center line of the existing WCR #74 at a point of curvature. Aforesaid line being non-tangent to said curve; #7: THENCE along the arc of a curve which is concave to the Southeast and being the center line of the existing WCR #74 a distance of 178.55 feet, whose delta is 40°07'09" , whose radius is 255.00 feet, and whose long chord bears South 69°36'38" West a distance of 174.93 feet to a point 60' South of as measured at right angles to the North line of said Lot 2 of the NE1/4 of said Section 4; #8: THENCE leaving said road center line, South 89°40'12" West parallel with and 60' South of as measured at right angles to the North line of said Lot 2 of the NE1/4 and Lot 2 of the NW1/4 of said Section 4 a distance of 2055.90 feet to a point on a curve being the center line of the existing WCR #74. Aforesaid line being non-tangent to said curve; (Page 1 of 2) 911399 #9: THENCE along the arc of a curve which is concave to the Southwest and being the center line of the existing WCR #74 a distance of 175.17 feet, whose delta is 40°57'57" , whose radius is 245.00 feet, and whose long chord bears North 69°50'50" West a distance of 171.46 feet to the point of tangency of said curve and being a point on the North line of Lot 2 of the NW1/4 of Section 4, also being the South line of -40 said Section 33 ; 0 1/40 O #10: THENCE leaving said road center line, North 89°40'12" East along the North line of Lot 2 of the NW1/4 of said Section 4 a a distance of 129. 34 feet to the TRUE POINT OF BEGINNING. ow 0 3 o z A Said described parcel of land contains 6.060 acres, more or less (±) , and is subject to any rights-of-way or other easements as o v granted or reserved by instruments of record or as now existing on %.0 z said described parcel of land. N � x a a SURVEYOR'S CERTIFICATE rn U H I, Charles B. Jones, a Colorado Registered Professional Land • H Surveyor, do hereby state that this Property Description was rim prepared under my personal supervision and that it is true and w correct to the best of my knowledge, information, belief, and in -4 w my professional opinion. rn W ✓ z Nz � o L�'+7.''�00 c,‘‘‘. v a y$(1j itge � x Charles •B. Jones i J� O • �� / :t Q e• , 1 • 220' t• 4/4. 4'... • en o Colorado Registered ! -tessional .��;/ 7 14 w Land Surveyor #22098 �k�Fr�'• .' 'Nt1:4'aC LANG__ (Page 2 of 2) 911.399 GRANT OF EASEMENT -I o The undersigned fee owner of the following described parcel of � - land (the "Property" ) , as "Grantor, " hereby grants and conveys to r- 8 the County of Weld, a political subdivision of the State of Colorado, as "Grantee, " an easement on, over, across, and under the A ,.a Property, for the purpose of building and maintaining erosion 0 3 control measures . The easement shall exist from the date of signing as set forth below to and until the date upon which the � w Grantee vacates the right-of-way granted to it by way of Special Warranty Deed by the Grantor on , 1991, v2 which deed is recorded in the office of the Weld County Clerk and w Recorder at Book , Reception No. ko rx N - w 1/447 Z This grant and conveyance is made without warranties of title, w but is irrevocable and is binding upon the Grantor, its successors, ri I-1 w heirs, and assigns . This Grant does not include any rights and � interests in and to the oil, gas, and other minerals in, on, and -I H under the Property. � w � � The "Property" is described in the attached Exhibits "A" and x "B. " w rn w Dated this //I day of Mit , 1991 . c`.1 z Grantor: FC O u a The Windsor Reservoir and Canal a Company, a corporation organized and existing under and by virtue e-I0 of the laws of the State of el o r, N Colorado 1 N q� By: awl-(Ft Ju.�-gAs Elmer R. Gustafso , Prt � �� ' J �.1 SUBSCRIBED AND SWORN to before me this // ay y Qv Ant/. , 1991, by Elmer R. Gustafson, Preside•`tei.,The ..R, ' Windsor Reservoir and Canal Company. f,, , tri WITNESS my hand and official seal . ' ,4,,. , p 9----;--' n 4 •ANVd � Notary P�ublle v�� c ' —•y a * ' r ''l V _ v `' My commission expires : 1113114. ATTEST : , A . •.,,A(,A, , " -' If . � 'e 4 1 .,, ;. 1 10 UYv-.-i�t.Cri e. � tee .• ' •' ? ,s Donn E . Engel Se retar - Exhibit "A" PROPERTY DESCRIPTION Erosion Control Easement North Parcel H o A parcel of land being part of the South Half (S1/2) of Section o u Thirty-three (33) , Township Seven (7) North, Range Sixty-seven (67) o West of the Sixth Principal Meridian (6th P.M. ) , County of Weld, c) State of Colorado, and being more particularly described as O follows: a o BEGINNING at the Quarter Corner common to Section 33-T.7N.-R.67W. o x and Section 4-T. 6N.-R.67W. as monumented by a set 30" of Schedule vrQ 10 - #6063-T52 aluminum tubing with a 3 1/4" Diam. aluminum cap x stamped as per BLM instructions and "JONES LS 22098" set in a cast o O iron monument box with lid marked "SURVEY" and considering the z South line of said S1/2 of Section 33 as bearing South 89°40'12" N West as determined by a Solar Observation on February 15, 1991 with all other bearings contained herein relative thereto. The Section x Corner common to Sections 32/33-T.7N.-R.67W. and Sections 4/5- w T.6N.-R.67W. as monumented by a found #4 rebar bears South rn 0 89°40'12" West a distance of 2619.24 feet from said Quarter Corner: � z H H N Ew. #1: THENCE North 79°15'32" East a distance of 332 .02 feet to a -+ a point Sixty feet (60' ) North of as measured at right angles w to the South line of the said S1/2 of Section 33 . Said point .H being the TRUE POINT OF BEGINNING: rnw H r- z N #2: THENCE North 44°40'12" East a distance of 190.15 feet; 0 U2 #3 : THENCE South 45°19'48" East a distance of 150.00 feet; w x #4: THENCE South 44°40'12" West a distance of 40.15 feet to a point • M Hi 0 60' North of as measured at right angles to the South line of H N the said S1/2 of Section 33; al a #5: THENCE South 89°40'12" West parallel with and 60' North of the South line of the said S1/2 of Section 33 a distance of 212.13 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 0. 397 acres, more or less (±) , and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor, do hereby state that this Property Description was prepared under my personal supervision and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. Cieejli Charles B. Jones %� :'� • �' . Colorado Registered Pr f.¢"3iAR / V11 • • 1 viii Land Surveyor #22098 �' •., •. ,.� • '�.tl 'fit L,NA 01.1399 Exhibit "B" PROPERTY DESCRIPTION Erosion Control Easement South Parcel A parcel of land being part of Lot Two (2) of the Northeast Quarter '., o (NE1/4) of Section Four (4) , Township Six (6) North, Range Sixty- -I u seven (67) West of the 6th P.M. , County of Weld, State of Colorado, and being more particularly described as follows: N o v A BEGINNING at the Quarter Corner common to Section 33-T.7N.-R.67W. a and Section 4-T.6N.-R.67W. as monumented by a set 30" of Schedule 0 w 10 - #6063-T52 aluminum tubing with a 3 1/4" Diam. aluminum cap • x stamped as per BLM instructions and "JONES LS 22098" set in a cast yr Q iron monument box with lid marked "SURVEY" and considering the x North line of the Northwest Quarter (NW1/4) of said Section 4 as o bearing South 89°40'12" West as determined by a Solar Observation w on February 15, 1991 with all other bearings contained herein N x relative thereto. The Section Corner common to Sections 32/33- ” T.7N.-R.67W. and Sections 4/5-T.6N.-R.67W. as monumented by a found x #4 rebar bears South 89°40'12" West a distance of 2619. 24 feet from w said Quarter Corner: (a, a #1: THENCE South 74°07'57" East a distance of 215.09 feet to a r H point Sixty feet (60' ) South of as measured at right angles N H to the North line of said Lot 2 of the NE1/4. Said point H m being the TRUE POINT OF BEGINNING: x N 4 #2: THENCE North 89°40'12" East parallel with and 60' South of as rn w measured at right angle to the North line of said Lot 2 of the Z NE1/4 a distance of 212.13 feet; (N 2 `" � #3: THENCE South 44°40'12" West a distance of 190.15 feet; N >+ a #4: THENCE North 45°19'48" West a distance of 150.00 feet; • o #5: THENCE North 44°40'12" East a distance of 40.15 feet to the TRUE POINT OF BEGINNING. N Pe w Said described parcel of land contains 0.397 acres, more or less (±) , and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor, do hereby state that this Property Description was prepared under my personal supervision and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. • ✓O Charles B. Jones % �_ z7i6R) . fig, (9Q/ Colorado Registered Pr• - •i• . �o yft •• ti Land Surveyor #22098 t"� •�'••....•••' , 911399 GRANT OF EASEMENT The undersigned fee owner of the following described parcel of land (the "Property" ) , as "Grantor, " hereby grants and conveys to the County of Weld, a political subdivision of the State of rA p Colorado, as "Grantee, " an easement on, over, across, and under the -Jo Property, for the purpose of building and maintaining wetlands . The - easement shall exist from the date of signing as set forth below to o o and until the date upon which the Grantee vacates the right-of-way al granted to it by way of Special Warranty Deed by the Grantor on a , 1991, which deed is recorded in the o0 3 office of the Weld County Clerk and Recorder at Book x , Reception No. o fan z This grant and conveyance is made without warranties of title, O but is irrevocable and is binding upon the Grantor, its successors, w heirs, and assigns . This Grant does not include any rights and N x interests in and to the oil, gas, and other minerals in, on, and •• 0 under the Property. w w The "Property" is described in the attached Exhibit "A. " aN u Dated this //li day of Nor. , 1991 . �+ z H Grantor: N E � a w The Windsor Reservoir and Canal w Company, a corporation organized o u., and existing under and by virtue r of the laws of the State of N Z orn Colorado BY: lima" Ace w Elmer R. Gustafso , Pre rldgntoi,, rn Ln . ••••., H o M SUBSCRIBED AND SWORN to before me this I/11 d al- • � - r N Nov. , 1991, by Elmer R. Gustafson, Pres'3plent-- 4 - °� w Windsor Reservoir and Canal Company. . 'A;'•- WITNESS my hand and official seal . m / . � Notary Pu 1 / 1414114 My commission expires: 11131S`k. .c�', r�y 4 cs ye ATTEST : i Ca t J !nt a 1 4YYt-S c,` • Donn E . Engel , e4xetart'6. . UJSPI vO -' 911 :399 • Exhibit "A" PROPERTY DESCRIPTION Wetlands Mitigation Area A parcel of land being part of the South Half (S1/2) of Section Thirty-three (33) , Township Seven (7) North, Range Sixty-seven (67) West of the Sixth Principal Meridian (6th P.M. ) , County of Weld, State of Colorado, and being more particularly described as follows: BEGINNING at the Quarter Corner common to Section 33-T.7N.-R.67W. o and Section 4-T.6N.-R.67W. as monumented by a set 30" of Schedule 0 10 - #6063-T52 aluminum tubing with a 3 1/4" Diam. aluminum cap • o stamped as per BLM instructions and "JONES LS 22098" set in a cast -4 U iron monument box with lid marked "SURVEY" and considering the Q South line of said S1/2 of Section 33 as bearing South 89°40'12" ow• West as determined by a Solar Observation on February 15, 1991 with 0 3 all other bearings contained herein relative thereto. The Section 0 x Corner common to Sections 32/33-T.7N.-R.67W. and Sections 4/5- E* (.0 T.6N.-R.67W. as monumented by a found #4 rebar bears South z 89°40'12" West a distance of 2619. 24 feet from said Quarter Corner: 0 U a #1: THENCE North 28°31'06" West a distance of 68.07 feet to a point Sixty feet (60' ) North of as measured at right angles to the South line of the said S1/2 of Section 33 . Said point being w the TRUE POINT OF BEGINNING: ria rn U H 2 � H #2: THENCE North 00°19'48" West a distance of 208.71 feet; � w N [� H #3 : THENCE North 89°40'12" East a distance of 208 .71 feet; a w w #4: THENCE South 00°19'48" East a distance of 208.71 feet to a m w point 60' North of as measured at right angles to the South r- z line of the said S1/2 of Section 33; N / N 0 #5: THENCE South 89°40'12" West parallel with and 60' North of the u z South line of the said S1/2 of Section 33 a distance of 208.71 w feet to the TRUE POINT OF BEGINNING. a 0 Said described parcel of land contains 1.000 acres, more or less Cr) N (±) , and is subject to any rights-of-way or other easements as X1 w granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATR I, Charles B. Jones, a Colorado Registered Professional Land Surveyor, do hereby state that this Property Description was prepared under my personal supervision and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. a REg t Charles B. Jones ; •er Colorado Registered Pry Saiona � Land Surveyor #22098 .� 4 LAO 91_1399 Hello