HomeMy WebLinkAbout972357.tiffRESOLUTION
RE: APPROVE EASEMENT AGREEMENT FOR WELD COUNTY ROAD 100 AND
AUTHORIZE CHAIR TO SIGN
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 Easement Agreement for Weld
County Road 100 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and
Randolph Hediger, 10829 Rist Canyon, Bellvue, Colorado 80512, 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 Easement Agreement for Weld County Road 100 between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Public Works, and Randolph Hediger be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 3rd day of November, A.D., 1997.
ATTES
Weld
BY.
Dep
APP
ounty Attor ey
W. H. Webster
(1A.: r6)j //ezicyer
BOARD OF COUNTY COMMISSIONERS
WELDJ- AUNTY, COLORADO
2George'E. Baxter, Chair
1
nstance L. Harb
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EASEMENT
THIS EASEMENT, granted this 2 L day of S�� , 1997, between Randolph Frederick
Hediger, Owner, whose legal address is 10829 Rist Canyon, Bellvue, Colorado 80512, the Grantor, and the County
of Weld, a political subdivision of the State of Colorado, whose legal address is P.O. Box 758, 915 Tenth Street,
Greeley, Colorado 80632, the Grantee.
WITNESSETH, that the Grantor, for good and sufficient consideration paidto the Grantee, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee an
easement over and across the following described parcel of real property owned by Grantor and situated in the
County of Weld and State of Colorado, to wit: The real property described in the attached Exhibit "A". and
shown in the attached Exhibit "B".
This Easement is for the purpose of collecting surface waters and discharging said water through culverts
and maintaining said collection area, and is for the benefit of and appurtenant to that land, or any part thereof,
situated in the County of Weld and State of Colorado, described as the right-of-way known as "Weld County Road
100" which Grantee owns and has an obligation to maintain. CD VI
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This Easement is permanent and shall become effective upon signature of the Grantor. c
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The Grantee agrees to repair and maintain the easement granted herein at the sole cost and expense of the
Grantee, and that said Grantee will no way hinder or prevent the proper and reasonable use and enjoyment of the o r
property through which the easement is granted. The Grantee agrees to pay a one time payment to the Grantor, in
the sum of $700.00 per acre or a total of $2,153.00. The Grantor will not build or maintain any buildings or co
structures within the easement which will hinder or prevent the proper and reasonable use of the easement by the y °o
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COUNTY OF WELD ) m
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The foregoing instrument was acknowledged before me tIMS. r ..� of , 1997 by bo
Randolph Frederick Hediger, Owner.
My expires h / i , trc"�Gb6N Vita ij $
Commission myitd aril official seal.
Signed and delivered the � Li day ofr
OWNER
, 1997.
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EXHIBIT A
A parcel of land being a part of the Southeast Quarter (SE 1/4) of Section 25, Township Nine North
(T9N), Range Sixty-seven West (R67W) of the Sixth Principal Meridian (6th P.M.), County of
Weld, State of Colorado and being more particularly described as follows:
BEGINNING at the SE corner of said Section 25 and assuming the South line of said Section 25
to bear North 89°59'54" West a distance of 5348.25 feet with all other bearings contained herein
relative thereto:
THENCE North 89°59'54" West along said South line a distance of 961.96 feet;
THENCE North 07°33'45" East a distance of 30.65 feet to the Northerly right-of-way (ROW) line
of the existing usage of Weld County Road (WCR) 100. Said point being the TRUE POINT OF
BEGINNING.
THENCE North 89°55'55" West along said Northerly ROW line of the existing usage of WCR 100
a distance of 1893.76 feet.
THENCE North 01 °34'26" West a distance of 38.79 feet;
THENCE North 88°51'20" East a distance of 922.59 feet;
THENCE North 88°26'55" East a distance of 715.05 feet;
THENCE North 01°30'25" East a distance of 56.37 feet;
THENCE North 05°28'15" East a distance of 29.85 feet;
THENCE North 29°04'47" East a distance of 41.22 feet;
THENCE North 87°24'16" East a distance of 47.81 feet;
THENCE South 70°34'07" East a distance of 49.81 feet;
THENCE South 47°41'09" East a distance of 197.01 feet;
THENCE South 07°33'45" West a distance of 54.34 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 3.075 acres, more or less (f) 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.
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ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and through
its Board of County Commissioners, hereby accepts the above dedication of property as a public
highway pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this 3rd day of November , 19 97 .
ATTEST:
CLERK T
BY:
Deputy Clerk
STATE OF COLORADO
COUNTY OF WELD
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
BY
[Chaffs Name], Chairman, Board
of County Commissioners of the County
of Weld
George E. Baxter, Chair (11/03/97)
) ss.
The foregoing instrument was acknowledged before me this - day of
, 199'7, by ye�e6 e , Chairman, Board of County
Commissioners of the County of Weld.
Witness my hand and official seal.
—or°tary Pu§lic
UaL1
ti>.
My commission expires:
MY COMMISSION EXPIRES JUNE 8, 1998
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MEMORANDUM
TO: Dave Becker DATE: October 27, 1997
FROM: Don Somer, Utility Agent
SUBJECT: Easement Agreement
Attached is the signed easement agreement with Randy Hediger for WCR 100. If you take this to
the board for their approval, I will finalize payment to Mr. Hediger.
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MEMORANDUM
TO: Clerk to the Board DATE: October 28, 1997
FROM: Dave Becker, Operations Director
SUBJECT: Easement Agreement on WCR 100
Please place the following item on the Board's next agenda.
Easement Agreement between Randy Hediger and Weld County.
The appropriate documentation is attached.
cc: WCR 100 file
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