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Home My WebLink About952394.tiffRESOLUTION RE: ACCEPT GRANT OF PUBLIC ROAD EASEMENT FROM U.S. FOREST SERVICE, DEPARTMENT OF AGRICULTURE, AND REFER SAME TO PUBLIC WORKS DEPARTMENT - PAWNEE NATIONAL GRASSLAND 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 Public Road Easement to the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, from the U.S. Forest Service, Department of Agriculture, and WHEREAS, said easement concerns the realignment of the intersection at Weld County Roads 98 and 129, on the Pawnee National Grassland in Section 3, Township 8 North, Range 58 West of the 6th P.M., Weld County, Colorado, being more fully described in said easement, with terms and conditions being as stated in said easement, and WHEREAS, after review, the Board deems it advisable to accept said easement, a copy of which is attached hereto and incorporated herein by reference, and refer same to the Weld County Public Works Department, for further recommendations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Grant of Public Road Easement to the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, from the U.S. Forest Service, Department of Agriculture, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that said easement be, and hereby is, referred to the Weld County Public Works Department. 952394 EG0034 ACCEPT EASEMENT AND REFER TO PUBLIC WORKS - WCR 98 AND WCR 129 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D., 1995. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 4i_Clerk to the Board a l ounty Attorne Dale K. Hall, Chairma arbar ,J. Kirkmeyer o-Tem j 'Ge�g ('.?»4..4* -.2 a �. Constance L. Harbert �� 7 r e1�. Baxter 952394 EG0034 mi,2 405139 FS -2700-9f (07/93) OMB No. 0596-0082 (Expires: 06/30/96) U. S. DEPARTMENT OF AGRICULTURE Forest Service PUBLIC ROAD EASEMENT National Forest Roads and Trails Act, October 13, 1964 (P.L.88-657) 36 CFR 251.50, et seq Holder No. I Issue Date Expir. 1 0 4 2-0 4I / / / Date / Type Site I Authority 7 4 5 1 7 2 0 Auth. Type 1 0 _ Region/Forest/District 0 2/ 1 0/ 0 6 State/County 0 8/ 1 2 3 Cong. Dist.l Latitude 0 4 14 2-3 0- i Longitude 1 0 3-5 0- ice- //11 THIS EASEMENT, dated this l3 day of kbverw% , 19yG from the UNITED STATES OF AMERICA, acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor, to WELD COUNTY, COLORADO, hereinafter called Grantee. WITNESSETH: WHEREAS, the Grantee has applied fo of October 13, 1964 (78 Stat. 1089, 16 lands or assignable easements owned by State of Colorado and administered by Agriculture. r a grant of an easement under the Act U.S.C. 532-538), for a road over certain the United States in the County of Weld, the Forest Service, Department of NOW THEREFORE, Grantor does hereby grant to Grantee an easement for a public road and highway along and across a strip of land, hereinafter defined as the right-of-way over and across the lands in the County of Weld State of Colorado, as described on exhibit A attached hereto. The word "right-of-way" when used herein means said strip of land whether or not there is an existing road or highway located thereon. Except where it is defined more specifically, the word "highway" shall mean roads or highways now existing or hereafter constructed on the right-of-way or any segment of such roads or highways. The right-of-way is shown and specifically described on the plat attached hereto and made a part hereof. This grant is made subject to the following terms, provisions, and conditions: 1. Outstanding valid claims, if any, existing on the date of this grant. 2. The easement herein granted is limited to use of the described right-of-way for the purpose of construction, operation, and maintenance of a highway in accordance with approved plans, specifications, and stipulations described in the following conditions numbered 3 and 4 and does not include the grant of any rights for nonhighway purposes or facilities; Provided, That the Forest Service 2467509 B-1522 P-467 12/14/95 01:46P PG 1 OF 9 REC DOC Weld County CO Clerk & Recorder 0.00 952394 shall not exercise its right to use or authorize the use of any portion of the right-of-way for nonhighway purposes when such use would interfere with the free flow of traffic or impair the full use and safety of the highway; and Provided further, That nothing herein shall preclude the Forest Service from locating National Forest and other Department of Agriculture information signs on the portions of the right-of-way outside of construction limits. 3. The design and construction of the highway project situated on this right-of-way shall conform with plans, specifications, and written stipulations approved by the Forest Supervisor. 4. Any reconstruction of the highway situated on this right-of-way shall conform with plans, specifications, and written stipulations approved by the Forest Supervisor or authorized representative prior to beginning such reconstruction. 5. Consistent with highway safety standards, the Grantee shall: (a) Protect and preserve soil and vegetative cover and scenic and esthetic values on the right-of-way outside of construction limits. (b) Provide for the prevention and control of soil erosion within the right-of-way and adjacent lands that might be affected by the construction operation, or maintenance of the highway, and shall vegetate and keep vegetated with suitable species all earth cut or fill slopes feasible for revegetation or other areas on which ground cover is destroyed. The Grantee shall perform these activities where it is deemed necessary during a joint review between the authorized Forest Officer and Grantee prior to completion of the highway. The Grantee also shall maintain all terracing, water bars, leadoff ditches, or other preventive works that may be necessary to accomplish this objective. This provision also shall apply to waste disposal areas and slopes that are reshaped following slides that occur during or after construction. 6. The Grantee shall: Establish no borrow, sand, or gravel pits; stone quarry; permanent storage areas; sites for highway -operation and maintenance facilities; camps; supply depots; or disposal areas within the right-of-way, unless shown on approved construction plans, without first obtaining approval of the authorized Forest Officer. 7. The Grantee shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor has given specific written approval. Application for such approval must be in writing and must specify the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated. 2467509 B-1522 P-467 12/14/95 01:46P PG 2 OF 9 S52394 8. 1'he Grantee does by the acceptance of this document covenant and agree for itself, its assigns, and its successors in interest to the property here granted or any part thereof, that the covenant set forth below shall attach to and run with the land: (a) That the Grantee shall operate the described property and its appurtenant areas and its buildings and facilities whether or not on the land therein granted as a public road, in full compliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Agriculture and in -effect on the date of this document to the end that no person in the United States shall, on the grounds of race, sex, color, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs or activities provided thereon; and (b) That the United States shall have the right to judicial enforcement of these covenants not only as to the Grantee, its successors and assigns, but also as to lessees and licensees doing business or extending services under contractual or other arrangements on the land therein conveyed. The Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent of the -Grantee, (2) by condemnation, or (3) after a five (5) year period of nonuse, by a determination to cancel after notification and opportunity for hearing as prescribed by law. IN WITNESS WHEREOF, the Grantor, Mountain Region, Forest Service, has delegation of authority to the Chief delegation of authority by the Chief FR 34283), on the day and year first State of Colorado County of Jefferson The foregoing was TOM L. THOMPSON. by its Deputy Regional executed this easement , Forest Service, 7 CFR , Forest Service, dated above written. UNITED STATES OF AMERICA l3y -TOM L. THOMPSON -Deputy Regional Forester Rocky Mountain Region Forest Service Department of Agriculture ACKNOWLEDGEMENT SS: Forester, Rocky pursuant to the 2.60, and the August 22, 1984 (49 ackg,W.intdgedbsfore me this 13th day of November, er• P/1( ' . GO: - .;i.-�CJ-�B r 59 -- 1995, by Notary Public -tattAn M. eatlepttki My Commission expires Dec. 31, 1998 ` 07 Cr - 2467509 B-1522 P-467 12/14/95 01:46P PG 3 OF 9 252394 ACKNOWLEDGEMENT State of Colorado ) ss: County of Uefferson) The foregoing was acknowledged before me this day of 1995, by Signature (SEAL) Type or Print Name Beneath Signature My Commis .n Expires Public reporting burden for this collection of information if requested, is estimated -to average 1 hour per response for annual financial information; average 1 hour per response to prepare or update operation and/or maintenance plan; average 1 hour per response for inspection reports; and an average of 1 hour for each request that may include such things as reports, logs, facility and user information, sublease information, and other similar miscellaneous information requests. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of agriculture, Clearance Officer, OIRM, AG Box 7630, Washington D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB # 0596-0082), Washington, D.C. 20503. 2467509 13-1522 P-467 12/14/95 01:46P PG 4 OF 9 952394 EXHIBIT A, VICINITY MAP .� i; A 77 -11 -t — PI Y V� � U, ,) �1 f -- _ U 1 A __I r-. "�_ G- ) It I kC 6 1 1 • 113) 1 1 ,.1 ; _- �,. roe '-'_. , A {st1 A �,jr l' C - _J S 5. v 11 -'1 �I,- - f - u _ i / - , . Y i- ✓ Gl t--.'- /;, - / ; -/r ;: ✓,(7;; ,,41 — / r�_.. I'-- �j� _ „„ , .. —'211 �'� n ( 1 _ .a a Uy 2 • w r cg a w 2467509 B-1522 P-467 12/14/95 01:46P PG 5 OF 9 952394 PROPERTY DESCRIPTION Parcel "A" A parcel of land being part of of the Southwest Quarter (SW1/4) of Section Thirty-four (34), Township Nine North (T.9N.),Range Fifty-eight West (R.58W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows; BEGINNING at the Closing Section Corner common to Sections 3/4-T.8N.-R.58W. as monumented by a found 2" Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey 1917 with the Closing Section Corner common to Sections 2/3-T.8N.-R.58W. as monumented by a found 2" Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey 1917 to bear North 89°28'00"East, as reported within the GLO 1917 Dependent Resurvey, a distance of 5206.87 feet (Recorded 5208.72 feet) with all other bearings contained herein relative thereto: #1: THENCE North 89°28'00" East along the South line of said Section 34 a distance of 948.48 feet to the point of intersection with the Easterly Right -Of -Way (ROW) line of the existing Weld County Road (WCR) #129. Said point being the TRUE POINT OF BEGINNING: #2: THENCE North 45°17'01" West along said Easterly ROW line a distance of 42.24 feet to the point of intersection with the Northerly ROW line of WCR #98; #3: THENCE North 89°28'00"East along said Northerly ROW line a distance of 219.06 feet; #4: THENCE South 44°42'59"West a distance of 42.61 feet to a point on the South line of said Section 34; #5: THENCE South 89°28'00"West along said South line a distance of 159.06 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 5,672 Square Feet (±), or 0.139 Acres (±), 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 I, Charles B. Jones, a Colorado Registered Professional Land Surveyor 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 knowledge, information, belief, and in my professional opinion. Charles B. Jones Colorado Registered Professional Land Surveyor #22098 KING SURVEYORS, INC. 1200 W. Ash Street, Suite C Windsor, Colorado 80550 (303) 686-5011 Project Number: 95026 2467509 B-1522 P-467 12/14/95 01:46P PG 6 OF 9 952394 PROPERTY DESCRIPTION Parcel "B" A parcel of land being part of Lot Four (4) of Section Three (3), Township Eight North (T.8N.),Range Fifty-eight West (R.58W.) of the Sixth Principal Meridian (6th P.M.),County of Weld, State of Colorado and being more particularly described as follows; BEGINNING at the Closing Section Corner common to Sections 3/4-T.8N.-R.58W. as monumented by a found 2" Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey 1917 with the Closing Section Corner common to Sections 2/3-T.8N.-R.58W. as monumented by a found 2" Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey 1917 to bear North 89°28'00"East, as reported within the GLO 1917 Dependent Resurvey, a distance of 5206.87 feet (Recorded 5208.72 feet) with all other bearings contained herein relative thereto: #1: THENCE North 89°28'00"East along the North line of said Section 3 a distance of -948.48 feet to the point of intersection with the Easterly Right -Of -Way (ROW) line of the existing Weld County Road (WCR) #129. Said point being the TRUE POINT OF BEGINNING: 42: THENCE continuing North 89°28'00"East along said North line a distance of 159.06 feet; -#3: THENCE South 44°42'59"West a distance of 42.61 feet to a point on the Southerly ROW line of WCR #98; -#4: THENCE South 89°28'00"West along said Southerly ROW line a distance of 99.06 feet to a point on the existing Easterly ROW line of said WCR #129; -#5: THENCE North 45°17'01" West along said Easterly ROW line a distance of 42.24 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 3,872 Square Feet (±), or 0.089 Acres (±), 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 I, Charles B. Jones, a Colorado Registered Professional Land Surveyor 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 knowledge, information, belief, and in my professional opinion. Charles B. Jones Colorado Registered Professional Land Surveyor #22098 -KING SURVEYORS, INC. 1200 W. Ash Street, Suite C Windsor, Colorado 80550 (303) 686-5011 Project Number: 93026 2467509 B-1522 P-467 12/9.4/95 01:46P PG 7 OF 9 952394 PROPERTY DESCRIPTION Parcel "C" A parcel of land being part of Lot Four (4) of Section Three (3), Township Eight North (T.8N.),Range Fifty-eight West (R.58W.) of the Sixth Principal Meridian (6th P.M.),County of Weld, State of Colorado and being more particularly described as follows; -BEGINNING at the Closing Section Corner common to Sections 3/4-T.8N.-R.58W. as monumented by a found 2" Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey 1917 with the Closing Section Corner common to Sections 2/3-T.8N.-R.58W. as monumented by a found 2" Diam. _pipe with a 2 1/2" Diam. brass cap stamped GLO Survey 1917 to bear North 89°28'00" East, as reported within the GLO 1917 Dependent Resurvey, a distance of 5206.87 feet (Recorded 5208.72 feet) with all other bearings contained herein relative thereto: #1: THENCE North 89°28'00"East along the North line of said Section 3 a distance of 948.48 feet to the point of intersection with the Easterly Right -Of -Way (ROW) line of the existing Weld County Road (WCR) #129; #2: THENCE South 45°17'01" East along said Easterly ROW line a distance of 42.24 Teet to the point of intersection with the Southerly ROW line of WCR #98. Said point being the TRUE POINT OF BEGINNING: 713: THENCE North 89°28'00"East along the Southerly ROW line of said WCR #98 a distance of 207.30 feet; 714: THENCE South 30°02'25" West a distance of 152.19 feet to a point on the Easterly ROW line of said WCR #129; #5: THENCE North 45°17'01"West along said Easterly ROW line a distance of 184.50 Teet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 13,582 Square Feet (±), or 0.312 Acres (±), 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 I, Charles B. Jones, a Colorado Registered Professional Land Surveyor 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 knowledge, information, belief, and in my professional opinion. Charles B. Jones Colorado Registered Profession Land Surveyor #22098 I{ING SURVEYORS, INC. 1200 W. Ash Street, Suite C Windsor, Colorado 80550 (303) 686-5011 Project Number: 95026 2467509 B-1522 P-467 12/14/95 01:46P PG 8 OF 9 95239k oo QC 41 CitC N U Q0 O Existing Fence Lind / Existing Fence Lind / VI D7 I 33 0 O S 1p r U w- vro a) �0 / 4 A a( Oad,L, too Kati / I k 2467509 B-1522 P-467 N m C J a, 0 C N Li 0) 1.7 N X LiJ 0 U V N — 7 0 Phone Ped / i / N I A0 /0 0 S da0 a!/S O 12/14/95 01:46P PG 9 OF P 952324 United States Forest Pawnee Department of Service National Agriculture Grassland 660 "0" Street Greeley, CO 80631 (303) 153-5004 BRUCE BARKER WELD COUNTY ATTORNEY PO BOX 1948 GREEL-EY CO 80632 Dear Mr. Barker: Reply to: 2730 Date: November 28, 1995 777'7 -7- ' NOV 2 9 1995 ELD COUNTY ATTORNEY'S C_','-17K:E The approved public road easement on the Pawnee National Grassland in the NW 1/4 of Section 3, T8N R58W; 6th P.M. is Enclosed. The Weld County Commissioners may vacate the existing ROW replaced by this easement. Please forward this vacation to this office. Also, the Forest Service Regional Office suggests that it be recorded in the County records for your protection. Regarding your concern with weed control -chemicals used by the County in road IROWs and easements, please have Ron Broda _contact Bud -Phillips at this office about the materials used. If you have other questions or comments _regarding this easement, please call Bud. Sincerely, 21, JEFFREY M. LOSCHE District Ranger Encs. Caring for the Land and Serving People Sy 2354 952394Printed on Recycled Paper S -6200-28b (12/93) Hello