HomeMy WebLinkAbout920819.tiff RESOLUTION
RE: APPROVE SURFACE EASEMENT FOR STREAM BANK EROSION PROTECTION WITH FORT
VASQUEZ NURSERIES CO. , INC. , AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE
#28/23A
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 Fort Vasquez Nurseries Co. , Inc. , and Weld
County, Colorado for Emergency Streambank Protection, Bridge #28/23A, 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 Fort Vasquez Nurseries Co. , Inc. , and Weld County, Colorado for Emergency
Streambank Protection, County Bridge #28/23A, 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.
/�/,n/ BOARD OF COUNTY COMMISSIONERS
ATTEST /� A WELD COUNTY, COLORAD
Weld County Clerk to the Board
i r
o e Ke edy, Chairman -
/
BY:
i[' 1 f f Y - ,: . ,lQl41.7�.T/4J4'
Deputy Clerk to the Board Constance L. Harbert, Pro-Tem
APPROVED AS FORM: r 2�
C. W. Kir
County Attorney Gor c
W. . Webster
920819
0003 G1 r"T, v. ,ti1,t3�;1:i
ARd3u144a
SURFACE EASEMENT
STREAM BANE EROSION PROTECTION
COUNTY OF WELD
STATE OF COLORADO
KNOWN ALL MEN BY THESE PRESENTS:
m O
o U That the undersigned Fort Vasquez Nurseries Co. Inc. whose address is
:; (3 1717 Downing Street. Denver, CO 80218.
U (hereinafter called GRANTOR, whether one or more) for and in consideration of
m the sum of One-Hundred and no/100
0 W Dollars ($ 100.00 ) and other good and valuable consideration, the receipt
0 3 and sufficiency of which is hereby acknowledged, does hereby grant, sell and
o 04 convey unto the County of Weld, State of Colorado, its successors and assigns,
d'' 14 (hereinafter called COUNTY) the right and easement in and to a tract of land
0• and all appurtenances used in connection therewith together with the rights of
U ingress and egress thereto across adjacent lands owned by Grantor for the
,n a purpose of erecting and operating an emergency stream bank erosion protection
plan. Said tract of land being situated in Weld County, State of Colorado, and
rn more particularly described as follows:
o A4
Wj• See PROPERTY DESCRIPTION Emergency Streambank Protection
N
m U County Bridge #28/23A
NZ
N H The Grantor warrants to the County that no structure shall be erected upon
m E the described property except those structures specifically agreed upon in
o a writing by the County.
co D
� W The Grantor further warrants that it is the record title owners of the
`" ka above described tract of lands with the legal capability to convey the easement
ti
o Z granted herein and that easement shall run with and be appurtenant to the afore
N 4 described property and shall be binding upon the heirs, personal
o representatives, successors and assigns of the parties hereto.
✓ a
ag It is hereby understood that the party receiving this grant is without
authority to make or enter into any covenant or agreement not herein expressed.
vun
HI
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
PQ C14 2< day of A4C tit , 194t .
Page 1 of 2
920819
ATTEST: WELD COUNTY COLORADO,BY AND
eureatTHROUGH THE BOARD OF COUNTY
��� COMMISSIONERS
r
en O ` �' �.- ' By: - J ..
0 U { y ���:'` George K2'nnedy, Chairman o al
o Weld CO }z k" t� the Board
NO ,i�'t. � •
A By: t- kt� ' k i I KS(-Qh-`
0 3 Depty Clerk to the Board
o it
•
O IN WITNESS WHEREOF, The GRANTOR has hereunto set its hand and seal the day
wand year first above written.
in• . ` FORT VASQUEZ NURSERIES CO. INC.
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rn U (CORPO t 9TiA�)o 'a 4... ` I By:
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W William A. Campbell, President
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a F'"vim,. ;:.e•+.o W SUBSCRIBED AND SWORN to before me this PS" day of ,19
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o by William A. Campbell as President of Fort Vasquez Nurseri Co. Inc.
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Page 2 of 2
920919
PROPERTY DESCRIPTION
Emergency Streambank Protection
County Bridge #28/23A
A parcel of land being part of Lot Two ( 2) of the Northwest Quarter
(NW1/4) of Section Thirty-one ( 31) , Township Three ( 3 ) North, Range
Sixty-six (66) West of the Sixth Principal Meridian, AND part of
the Northeast Quarter (NE1/4) of Section Thirty-six ( 36) , Township
0 o Three ( 3 ) North, Range Sixty-seven ( 67) West of the 6th P.M. , all
in the County of Weld, State of Colorado and being more
i0 particularly described as follows:
0 w BEGINNING at the Section Corner common to Sections 30/31-T. 3N.-
R. 66W. and Sections 25/36-T. 3N.-R. 67W. as monumented by a found #4
o W rebar with yellow plastic cap ( Illegible) , with the West Sixteenth
4L" q Corner (W1/16 Cor) of Sections 30/31-T. 3N.-R. 66W. as monumented by
a found #5 rebar with red plastic cap stamped Crowe LS12330 to
wbearing South 89°02'50" East (as indicated on Recorded Exemption
n a No. : 1209-36-1-RE 1141 as recorded September 5, 1989 in Book 1243 ,
as Reception Number 02196856 of the records of the Weld County
oClerk and Recorder) a distance of 1456.85, said line defines the
a BASIS OF BEARINGS of this description. From aforesaid Section
N W Corner the Section Corner common to Sections 25/26/35/36-T. 3N.-
Mu R. 67W. as monumented by a found BLM type monument with aluminum cap
z stamped Freese LS4392 bears North 87°11'00" West a distance of
H 5307.92 feet:
co E
o
a #1 : THENCE South 61°23 '47" East a distance of 57 . 97 feet to the
TRUE POINT OF BEGINNING:
oa
<N k3
w #2 : THENCE North 86°56'41" West a distance of 270. 00 feet;
en z #3 : THENCE South 03°03'19" West a distance of 250.00 feet;
N ry' #4 : THENCE South 86°56'41" East a distance of 125.66 feet;
O #5: THENCE North 33°03 '19" East a distance of 288 .68 feet to the
w W TRUE POINT OF BEGINNING.
a
N Said described parcel of land contains 49,458 Square Feet, or 1. 135
M Ln Acres, more or less (±) , and is subject to any rights-of-way or
+ o other easements as granted or reserved by instruments of record or
w 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 to:
Weld County
1015 10th Street
Greeley, Colorado 80631
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.
0 RE6/slE4
./..%."
O
Charles D. Jones /," ����
Colorado Registered Pro $tonal
Land Surveyor #22098 •••..�••,..••
A( LADS
Project Number: 1992-3
920819
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