HomeMy WebLinkAbout980698.tiff RESOLUTION
RE: APPROVE EXCLUSIVE SEWER EASEMENT AND AUTHORIZE CHAIR TO SIGN -
CITY OF GREELEY
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 Exclusive Sewer Easement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the City of Greeley, with 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 Exclusive Sewer Easement between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and the City
of Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 27th day of April, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Constance L. Harbe , Chair
Weld County CIS._nt \ 'c ` -� /1, ) l�� �
W. H. ebster, P -Tem
BY: �.,i�� i� rim, ,�:�:
Deputy Cler �.^ `• � �
orge f. Baxter
APP AS TO O
Dale K. Hall
my Attorney / 2/A2,2 c l
arbara J. Kirkmev I
111111111111111111111111111111111111111 III 1111111 lilt
2644855 10/05/1998 03:35P Weld County CO
,1 of 1 R 0.00 D 0.00 JA Suitt Tsukamoto 980698
Ci 6't Jey BC0026
8s4
EXCLUSIVE SEWER EASEMENT
THIS EXCLUSIVE SEWER EASEMENT, granted this?7'77Aday of Sti , 1998,
between the County of Weld, a political subdivision of the State of Colorado, whose legal address is
915 10th Street, Greeley, Colorado 80631, the Grantor, and the City of Greeley, a home-rule
municipality in the State of Colorado, whose legal address is 1000 10th Street, Greeley, Colorado
80631, the Grantee.
WITNESSETH, that the Grantor, for and in consideration of good and valuable
consideration, paid to the Grantor by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant, bargain, sell, and convey to the Grantee an exclusive easement
for the purposes of the location of a sanitary sewer to serve the citizens of the City of Greeley, over
and across the following described parcel of real property situate in the County of Weld and State of
Colorado to wit:
The real property described in the attached Exhibit "A," and shown on the plat attached
hereto as Exhibit"B."
This Exclusive Sewer Easement is an"easement in gross" and, therefore, is intended to be
for the benefit of and appurtenant to all of the lands, or any part thereof, situate in the City of
Greeley, State of Colorado. The Exclusive Sewer Easement shall hereby granted shall entitle the
Grantee, its successors and assigns, to install, lay, construct, relocate, change the size of, replace,
repair, inspect, maintain, remove and operate an underground utility or transmission line and all
appurtenances thereto. The Exclusive Sewer Easement shall also permit uses clearly incidental to
those specified and shall include the right of ingress and egress over and across the Grantor's
property to the extent reasonably necessary to exercise and accomplish the utility purposes.
This Exclusive Sewer Easement is permanent.
The Grantor shall have the right to make use of the surface overlying the Exclusive Sewer
Easement granted by this instrument so long as such use does not interfere with the exercise by the
Grantee of the rights granted and conveyed by this instrument. No permanent structures are to be
built within the Exclusive Sewer Easement. Grantor shall not install berms or plantings which
exceed three feet in height when mature in the Exclusive Sewer Easement. In no event shall the
Grantor make claim against the Grantee for damages to any improvements or fixtures hereafter
installed by the Grantor within the area of the Exclusive Sewer Easement.
This grant of Exclusive Sewer Easement shall be binding upon the heirs, executors,
administrators, successors and assigns of the parties hereto.
Page 1 of 2 Pages
111111111111111111111111111111111111111III 11111 IIII IIII
2644859 10/05/1998 03:35P Weld County CO
1 of 4 R 0.00 D 0.00 JA Suki Tsukamoto
IN WITNESS WHEREOF, I, Constance L. Harbert, Chair of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue
of the Order contained in the Resolution made by said Board of County Commissioners on the 27 n
day of Apr, / , 1998, have hereunto set my hand and affixed the seal of said
County this }7b day of 4pr.' I , 1998, for the uses and purposes therein set
forth.
q 1 COUNTY OF WELD, STATE OF
ATTEST: `' Lf,;!6��?�, COLORADO, GRANTOR
,.,. 1.�r
Deputy Clerk%Yi • A, / Constance L. Harbert, Chair, Board of County
Commissioners of Weld County, Colorado
(04/27/98)
STATE OF COLORADO }
COUNTY OF }SS.
The fo tig ent was acknowledged before me this,al of
••••'•*•.,ft 8, by Constance L. Harbert, Chair, Board of County
Commiss. e?g of Weld C Colorado.
�; KIMBERLEEA.:
Wei n8i(QTin4of ial seal. 11
of co�o� .�,,� A a Q C
Notary Public
Mfy temimish t4 tt 20o"
The Grantee hereby accepts said easement for the location of a sanitary sewer and agrees to
repair and maintain the easement granted herein at the cost and expense of the Grantee, and that said
Grantee will in no way hinder or prevent the proper and reasonable use and enjoyment of the
property through which the easement is granted.
c,\F ' C fiP.,; ,, CITY OF GREELEY, STATE OF
Ay.• ','p, .• COLORADO, GRANTEE
c :
S lmti
1. Q;i�:= La em Nelson, Mayor
•
M:AWPFIL2gEASEMENT\SEWER.BTB
Page 2 of 2 Pages
111111111111 111111 111111 V111 111II VIII III 11111 lIII I1I1
2644856 10/05/1998 03:35P Weld County CO
2 of 4 R 0.00 D 0.00 JR Sukl Tsukamoto
PROPERTY DESCRIPTION
A strip of land being part of Block Thirty-three (33) and part of the vacated adjoining streets and
alleys, City of Greeley, County of Weld, State of Colorado and being part of the Northeast
Quarter (NEI/4) of Section Six (6), Township Five North (T.5N.), Range Sixty-five West
(R.65W.) of the Sixth Principal Meridian (6th P.M.), more particularly described as follows
BEGINNING at the Northeast Corner of said Section 6 and assuming the North line of said
NE1/4 as bearing South 79°38'59" West a distance of 2753.23 feet with all other bearings
contained herein relative thereto:
THENCE South 79°38'59" West along said North line a distance of 201.28 feet to the TRUE
POINT OF BEGINNING:
THENCE South 34°59"23" Fast a distance of 60.16 feet;
THENCE South 01°23'14" Wast a distance of220.21 feet;
THENCE South 19°35'20" West a distance of 98.45 feet;
THENCE South 00°55'36" West a distance of 7.36 feet to the center line of the vacated "C"
Street;
THENCE North 89°06'47" West along said center line a distance of 20.00 feet;
THENCE North 00°55'36" East a distance of 10.66 feet;
THENCE North 19°35'20" East a distance of 104.94 feet;
TT IENCE North 01°23'14" East a distance of 201.64 feet;
THENCE North 34°59'23" West a distance of 66.14 feet to the North line of said NE1/4;
THENCE North 79°38'59" East along said North line a distance of 22.00 feet to the to the TRUE
POINT OF BEGINNING.
Said described parcel of land contains 0.1669 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
1, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is
true and correct to the best of my knowledge, information, belief, and in my professional
opinion.
00,:! REC/S j4
ZCharles B. Jones
5 220 (�
ct
Colorado Registered Profes�l 1, '
f I • s �� 7
11 �1i ••-,:,-
Land Surveyor #22098 \n`ygt tr+tto s
KING SURVEYORS, INC.
1200 West Ash Street, Suite C
Windsor, Colorado 80550
(970) 686-5011
Project Number: 97158 (Sewer Easement - Revised) (February 10, 1998)
111110 111 31111111111111111 III 11111 IIII IIII EXHIBIT "A"
2644856 10/05/1998 03:35P Weld County CO
3 of 4 R 0.00 D 0.00 IR Suit! Tsukamoto
i _ .
EXHIBIT SEWER EASEMENT
I---...
NORTHEAST CORNER
SECTION 5-T.5N.-R.65W.
POINT OF BEGINNING
TRUE POINT OF BEGINNING 579'48 29.5
E S 79']H 59�W7-.-- --;------.:128' y,,to:r
Y
N 792'32%509. ' o n
BEARINGS N
BASIS OF 2j5},23
S 19.38.-: W 565'12'49'W
--
-------- f VACATED •C' STREET
2� pCP � E 'C' STREET
20' `ri0' ./. 13l;
>2ti3 to
F• Y
LOT 1
6 z isi
LOT 5 LOT 4 w LOT 2
re
0 - its
LU z
Iii
3
w >
w� -N Q
NO NN in 6 LOT 3 =
�� �.N _N f—
O O
z In
VACATED ALLEY !" C r- A�=
�O °.pe
0)_
as
al imm
Id IX 0 EMI
w LOT 24 amp
a w GI 0--
a (n ��
co SI
CD S
0 B
2 LOT 22 LOT 23 16—" LOT 25 nw•�
as
N9-
C mim
=sa
.k, ° a-
C OS
i� •N Y C
20' 2 'gyp LOT 26 0
Q ..r
0 ONMI
-o M
M
CO o a
N00'55'36"E 2-10.66' 500'55'36'5
7.36'
N89'06'47"W
20.00' B STREET
VACATED 'B' STREET p t
I 50'
1 SCALE: I'-50'
6 5 4
2
co
H
H
na
H
IT.
KING SURVEYORS, INC. PROJECT NO: 97158 w
1200 WEST ASH STREET, SUITE C DATE: 2-12-1998
WINDSOR, CO. 80550 PHONE: (970) 686-5011 CLIENT: WELD COUNTY
cice.40-4
TO: Weld County Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
D' DATE: April 23, 1998
C. RE: Exclusive Sewer Easement for the City of Greeley
COLORADO
The City of Greeley has asked Weld County to grant the City an Exclusive Sewer Easement
for a sewer main which goes between the Walton Building and the new Social Services
Building. This Easement is permanent and it allows the City access for maintenance. The
Easement prohibits the County from placing any permanent structures, berms, or plantings
which "exceed three feet in height when mature" above the sewer line.
I recommend that the Board approve the Exclusive Sewer Easement and authorize the chair's
signature. After it is approved and signed, I will send it to the City for approval and signature
by the mayor.
Bruce T.'Parker
Weld County Att9iney
BTB/db:Memo/BOCC/Citysewer
pc: Don Warden
Pat Persichino
Yr)_
r
Hello