The URL can be used to link to this page

Browse Search

Home My WebLink About920612.tiff AR2295451 RESOLUTION RE: APPROVE GRANT OF EASEMENT FROM THE WINDSOR RESERVOIR AND CANAL COMPANY 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 Grant of Easement from The Windsor Reservoir and Canal Company, and WHEREAS, after review, the Board deems it advisable to approve said easement, 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 Grant of Easement from The Windsor Reservoir and Canal Company be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of July, A.D. , 1992. ,� kia4.4�/QJ�J BOARD OF COUNTY COMMISSIONERS ATTEST: ""� WELD COUNTY, COLORADO Weld County Clerk to t e Board /��+ y C.574_ G or e K nnedy, Chairman BY: gc,4„."--/2 1/�✓ (Can: Of-e. x%(74, eputy Clerk to the Board_ Constance L. Harbert, Pro-Tem APPROVED AS 0 FORM: G/ C. W. Kirb / County Attorney Gordon E. Lacy W. st r B 1343 REC 02295451 07/14/92 15 : 08 $0 . 00 1/003 F 0460 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920612 17r / Cr-. ' d,,(- L ", ) "F C _!?!I.. hr. ir, f) /; rig.' _ / C� 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 Colorado, as "Grantee, " an easement on, over, across, and under the Property, for the purpose of building and maintaining erosion control measures . The easement shall exist from the date of signing as set forth below to and until the date upon which the Grantee vacates the right-of-way granted to it by way of Special Warranty Deed by the Grantor on December 11, 1991, which deed is recorded in the office of the Weld County Clerk and Recorder at Book 1319 , Reception No. 02271912 . This grant and conveyance is made without warranties of title, but is irrevocable and is binding upon the Grantor, its successors, heirs, and assigns. This Grant does not include any rights and interests in and to the oil, gas, and other minerals in, on, and under the Property. The "Property" is described in the attached Exhibits "A" . ", o Dated this 22nd day of June , 1992 . o U Grantor: N O q The Windsor Reservoir and Canal o w Company, a corporation organized o 3 and existing under and by virtue o a of the laws of the State of `Pr w Colorado �� U By: C=Grra/" OT txr a Elmer R. Gustafso /, President 0 SUBSCRIBED AND SWORN to before me this cps" day of June , 1992 , by Elmer R. Gustafson, resident, The CV Windsor Reservoir and Canal Company. wWITNESS my hand and official seal . y►� pfly PUg! r E : ,C! A. i NrI4 Notary Public rx :POp m z My commission expires : ;-&-Y) �am of COt" a O w < eawindso.bap ITS cl• VD rn nn E. Eng , ar � o m 920612 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. and Section 4-T. 6N.-R.67W. as monumented by a set 30" of Schedule 10 - #6063-T52 aluminum tubing with a 3 1/4" Diam. aluminum cap stamped as per BLM instructions and "JONES LS 22098" set in a cast iron monument box with lid marked "SURVEY" and considering the South line of said S1/2 of Section 33 as bearing South 89°40'12" West as determined by a Solar Observation on February 15, 1991 with all other bearings contained herein 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 #4 rebar bears South 89°40'12" West a distance of 2619 . 24 feet from said Quarter Corner: oM oo #1 : THENCE North 89°40'12 West along the South line of said S1/2 a o distance of 170 .00 feet: ;"7, 6* #2: THENCE North 00°19'48" West a distance of 60.00 feet to a point 60' North of as measured at right angles to the South line of said a Section 33 . Said point being the TRUE POINT OF BEGINNING: o w #3 : THENCE continuing North 00°19'48" West a distance of 208 . 71 feet; oa #4: THENCE South 89°19'48" West a distance of 208.71 feet; 0 w #5: THENCE South 00°19'48" East a distance of 208 . 71 feet to a point ox 60' North of a measured at right angles to the South line of the said S1/2 of Section 33; x #6: THENCE South 89°40'12" West parallel with and 60' North of the a South line of the said S1/2 of Section 33 a distance of 208.71 feet to the TRUE POINT OF BEGINNING. z H Said described parcel of land contains 1.000 acres, more or less (±) , NE and is subject to any rights-of-way or other easements as granted or om w reserved by instruments of record or as now existing on said described c r parcel of land. � w rt. SURVEYOR'S CERTIFICATE N z (N I , Charles B. Jones, a Colorado Registered Professional Land Surveyor, u a 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 x knowledge, information, belief and in my professional opinion. en CV ei w Charles B. Jones ;�'�¢�' r<f"�'.T, y e�. 79•� 7 Colorado Registered Pr eiyi• • ilU/l Land Surveyor #22098 �+ �. •. .. 414 '+� AL LM 1I1EMORAfDUM WII'Ie To Board of County Commissiosiprs June 30, 1992 COLORADO From Bruce T. Barker, Assistant County Attorney Wetlands Mitigation Area for WCR 74 Subject: In November, 1991, the Board of County Commissioners accepted an easement for a wetlands mitigation area north of WCR 74 from the Windsor Reservoir and Canal Company. The wetland mitigation area conveyed by this grant was very close to the bridge beneath the roadway. Attached as "Exhibit A" is a copy of a drawing which details the location of the original wetland mitigation area. In April, 1992, George Goodell placed material on the west side of the channel immediately north of the bridge. The material is designed to stop the flow of water to the west. The placement of this material was approved by Sandra Laney of the Army Corp of Engineers . The new wetlands mitigation area is located immediately west of the old area. Attached is a drawing which shows the new wetlands mitigation area. The drawing is designated as "Exhibit B" . In order to accomplish the grant of the new wetlands mitigation area, the Board must accept the grant of the new area and Quit Claim the easement for the old area. This is a two step process . Enclosed in your packet is the Grant of Easement which I received from the Windsor Reservoir and Canal Company on June 24, 1992 . Also enclosed is a Quit Claim Deed which will convey the old area. I recommend that the Board accept the new Grant of Easement and authorize the Chairman' s signature on the Quit Claim Deed. i r T. p i, 7)— L Bruce Ba er BTB:bp MEMO\WET74.BAP ^r�;T� ? SOMMERMEYER, WICK, DOW & CAMPBELL ATTORNEYS AT LAW MAYO SOMMERMEYER' CHEYENNE OFFICE ROBIN L.WICK 2312 CAREY AVENUE 43 CLOCK TOWER SQUARE TIMOTHY J.DOW CHEYENNE,WYOMING 82001 KENT N.CAMPBELL 323 SOUTH COLLEGE AVENUE JAMES D.BRAMER' P.O.BOX 2188 ROBERT S. IRVINGt FORT COLLINS,COLORADO 80522 'ALSO ADMITTED IN WYOMING KATHRYN S.LONOWSKI (303)482-4011 *ADMITTED IN ARKANSAS ONLY ROBERT J.PENNY' FAX(303)482-8929 ROBERT N.CLARK' G.MCCELVEY HESTER June 23, 1992 Mr. Bruce T. Barker 57 Assistant Weld County Attorney E CE 1� � 1�n Office of County Attorney `� I� P. O. Box 1948 JUN 2 �( 1992 I{ ''I Greeley, CO 80632 Re: WCR 74/Thompson Reservoir WELD COUNTY ATTORNEY'S OFFICE Dear Bruce: Enclosed please find the new original Grant of Easement dated June 22nd which has been signed by our client. If you are ready to proceed, it is fine with us for you to go ahead and record this new easement together with the Quitclaim which I previously sent to you for the signature of the commissioners vacating the original easement. When the recordings have been completed, please return the original Quit Claim Deed vacating the easement to me together with a copy of the new recorded easement. Hopefully this will be all that is required to complete this matter, however if you require anything further, please let me know. Thank you. Yours very truly, SOMMERMEYER, WICK, DOW & CAMPBELL Timothy J. Dow TJD:mi Enclosure cc: Elmer Gustafson ("^!Ilr,p ld SOMMERMEYER, WICK, DOW & CAMPBELL ATTORNEYS AT LAW MAYO SOMMERMEYER' CHEYENNE OFFICE ROBIN L.WICK 2312 CAREY AVENUE TIMOTHY J.DOW 83 CLOCK TOWER SQUARE KENT N.CAMPBELL 323 SOUTH COLLEGE AVENUE CHEYENNE,WYOMING 82001 JAMES D.BRAMER' P.O.BOX 2188 ROBERT S. IRVINGI FORT COLLINS,COLORADO 80522 'ALSO ADMITTED IN WYOMING KATHRYN S.LONOWSKI (303)482-4011 tADMITTED IN ARKANSAS ONLY ROBERT J.PENNY* FAX(303)482-8929 ROBERT N.CLARK' G.McCELVEY RESTER May 26, 1992 ) Mr. Bruce T. Barker Assistant Weld County Attorney Pl�� ,2 ; 992 Office of County Attorney P. O. Box 1948 GO Greeley, CO 80632 MELD OFFICE TTORNEY 5 Re: WCR 74/Thompson Reservoir Dear Bruce: This is in response to your letter of May 12, 1992 . I have reviewed the documents you have prepared to move the wetlands easement to the west and will be sending the signed originals to you shortly. In the interim, I am enclosing for your review and approval the proposed original Quit Claim Deed which would vacate the easement initially given by the ditch company to Weld County in this matter. Assuming this meets the approval, would you please have this duly executed and notarized so that it will be ready to be exchanged for the new easement. I expect to have the signed and notarized new easement back from the ditch company shortly and will then send it on to you to conclude this matter. Yours very truly, SOMMERMEYER, WICK, DOW & CAMPBELL / ,_ Timothy J. Dow TJD:mt Enclosure cc : Elmer. Gustafson Hello