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HomeMy WebLinkAbout920822.tiff RESOLUTION RE: APPROVE SURFACE EASEMENT FOR STREAM BANK EROSION PROTECTION WITH PLATTE ENTERPRISES, INC. , AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE #61/54B 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, by Resolution dated December 23, 1991, the Board approved a Local Cooperation Agreement with Department of Army, Section 14 Emergency Streambank Protection Project for Bridges #28/23A, #61/54B, and #87/42.5, and WHEREAS, the Board has been presented with a Surface Easement for Stream Bank Erosion Protection between Platte Enterprises, Inc. , and Weld County, Colorado for Emergency Streambank Protection, Bridge #61/54B with the terms and conditions being as stated in said easement, 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 Surface Easement for Stream Bank Erosion Protection between Platte Enterprises, Inc. , and Weld County, Colorado for Emergency Streambank Protection, County Bridge #61/54B, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of August, A.D. , 1992. ATTEST: a461/7 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board g t[ Ge a Ke nedy, Chairman BY: /. L,/4"- f / /, , aid-ge Deputy Clerk tb the Board- Constance L. Harbert, Pro-Tem APPROVED AS 0 FORM: /4}/ rCy C. W. Kirb >C7 al County Attorney Gor fdn� c d W. H. Webster 920822 C C, ' i-; G/ VIWIT h V Aii23ay4y7 11 SURFACE EASEMENT STREAK BANK EROSION PROTECTION COUNTY OF WELD o 0 STATE OF COLORADO r KNOWN ALL MEN BY THESE PRESENTS: U o That the undersigned Platte Enterprises Inc. whose address is 1614 o w Timber Lane, Boulder, CO 80304. o (hereinafter called GRANTOR, whether one or more) for and in consideration of • oo W the sum of Four-Hundred and no/100 ▪ Dollars ($ 400.00 ) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell and oconvey unto the County of Weld, State of Colorado, its successors and assigns, m (hereinafter called COUNTY) the right and easement in and to a tract of land 'n and all appurtenances used in connection therewith together with the rights of — o rn ingress and egress thereto across adjacent lands owned by Grantor for the o a purpose of erecting and operating an emergency stream bank erosion protection N a plan. Said tract of land being situated in Weld County, State of Colorado, and rn U more particularly described as follows: r-- z W See PROPERTY DESCRIPTION Emergency Streambank Protection co F County Bridge #61/54B ocn (Yi The Grantor warrants to the County that no structure shall be erected upon V w the described property except those structures specifically agreed upon in writing by the County. o N 4 The Grantor further warrants that it is the record title owners of the >, above described tract of lands with the legal capability to convey the easement Wrah granted herein and that easement shall run with and be appurtenant to the afore rx £ described property and shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. -zr M rI ri o It is hereby understood that the party receiving this grant is without Fq G., authority to make or enter into any covenant or agreement not herein expressed. IN WITNESS WHERE the parties hereto have executed this agreement on the hv�D day of (//lO[i , 19i2CL. Page 1 of 2 9290822 ATTEST: kooky t � A WELD COUNTY COLORADO,BY AND 1i THROUGH THE BOARD OF COUNTY COMMISSIONERS o u `•L U ` •r ` t.Li George Ke edy, Chairman 0g/3//9a Weld County Cl rty- :the Board C3 41 By: <SlX � Y4Q Qf� W Deputy Cyrk to the Board O U #a########rin################################################################# U W I IN WITNESS WHEREOF, The GRANTOR has hereunto set its hand and seal the day and year first above written. ox PLATTE ENTERPRISES INC. Na rn U P(CORPORATE SEAL) By: a John P. Landwehr, President n5 "0 41 '04 N SUBSCRIBED AND SWORN to before me this '3is day of __ - ,19 o by John P. Landwehr as President of Platte Enterprises Inc,/. >1 W P4 rn m174 c- HI CD Notary/Public _19 p-z, if/ i" /-t', / W CT+ My commission expires: (5 9-5 • • Page 2 of 2 920822 PROPERTY DESCRIPTION Emergency Streambank Protection County Bridge #61/54B A parcel of land being part of the Southeast Quarter (SE1/4) of Section Twenty-four ( 24) , Township Five ( 5) North, Range Sixty- four ( 64) 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 19-T.5N.-R.63W and Section 24-T. 5N.-R. 64W. as monumented by a found #5 rebar with aluminum cap (illegible) with the South Sixteenth Corner (S1/16 Cor) of Section 19-T. 5N.-R. 63W. and Section 24-T. 5N.-R. 64W as monumented by a found #4 rebar with yellow plastic cap stamped Berlier LS10855 to bear South 00°00'00" East (Assumed) a distance of 1311 . 24 feet, said line defines the BASIS OF BEARINGS of this o u description: 0 in O o #1: THENCE South 00°00'00" East along the East line of said SE1/4 A a distance of 290.19 feet to the TRUE POINT OF BEGINNING: a o w #2 : THENCE continuing South 00°00'00" East along the East line of 0 said SE1/4 a distance of 335.02 feet; A #3: THENCE North 89°24'41" West a distance of 90. 36 feet; p #4 : THENCE North 00°35' 19" East a distance of 335.00 feet; U #5: THENCE South 89°24'41" East a distance of 86 . 92 feet to the w TRUE POINT OF BEGINNING. Said described parcel of land contains 29 ,695 Square Feet, or 0.682 Acres, more or less (±) , and is subject to any rights-of-way or N a other easements as granted or reserved by instruments of record or CA 0 as now existing on said described parcel of land. N Z N H o E ocn % N SURVEYOR'S CERTIFICATE w w I, Charles B. Jones, a Colorado Registered Professional Land Z Surveyor, do hereby state to: N Weld County >4 1015 10th Street CJ Greeley, Colorado 80631 C41 that this Property Description was prepared under my personal rn rn supervision, and that it is true and correct to the best of my M knowledge, information, belief, and in my professional opinion. -+ o CA W 4 _ "... RE6IS •• Charles B. Jones /// ••4 •mot'/ • �� ^ n7 Colorado Registered Pro al,•sSibn • & °98 a. j;, /77.// Y7 -at � . _.y Land Surveyor #22098 % ', 4L LP%) = Projpot Number: 1992-2 920522 mEmoRAnDum WilkTo Clerk to the Board Date August 25, 1992 COLORADO From Alan Miller, Eng. Dept. subjectSection 14 Erosion Easements Attached are two of the three Erosion Protection Easements needed for the Corps of Engineers to award the bid for construction. If these could be put on the agenda as an addemdum to the August 26th meeting, I could get them to the Corps this week. 920822 Hello