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HomeMy WebLinkAbout640188.tiffC 1 SIGN GRAVEL EASEMENT WITH BEN AND ESTHER BERNHARDT DISTRICT NUMBER TWO AND DISTRICT NUMBER THREE: WHEREAS, District No. Two and District No. Three have requested the Board of County Commissioners of Weld County, Colorado, to sign an easement with Ben Bernhardt and Esther Bernhardt conveying the right to remove gravel, sand and road making and building materials for and in consideration of One Thousand One Hundred Thirty Dollars ($1,130.00), which District No. Two and District No. Three shall remove from the following described lands, situate in the County of Weld, State of Colorado, to -wit: A plat of ground lying North of the original easement dated November 25, 1958, described as a part of the SWkNW4 in Section 18, Township 4 North, Range 66 West of the 6th P. M.: Beginning at the Northeast corner of the original easement marked by a power pole, East 100 feet; North 410 feet; West 320 feet; South 320 feet; East 120 feet to the point of beginning, containing 2.26 acres, more or less. WHEREAS, Mr. Bernhardt agrees to furnish a right-of-way for ingress and egress, and WHEREAS, the Board believes it to be in the best interests of the County to sign said easement. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that they shall and do hereby accept and sign the afore- mentioned easement, a copy of which is attached and made a part of this resolution. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: Z r -s-[ c Y ' 74- le DATED: MARCH 18, 1964 y,Z Ail,ie7 THE BOARD OF COUNTY CO SIONERS WELD COUNTY, COLORADO 640188 MB 32: L: 5 - -,-E- r 4.'t-41 yf' atooll 51 0 - ID, E S EM tNT"-1 THIS AGREEMENT, Made this 18th day of March by and between Ben Bernhardt and Esther Bernhardt A. D. 19 64 , of Weld County, Colorado, part iesof the first part, and Weld County, in the State of Colorado, a municipality, party of the second part: WITNESSETH: The parties of the first part, for and in consideration of One Thousand One Hundred Thirty and no/100 ($1,130.00) Dollars, to first parties in hand paid by the party of the second part, the receipt whereof is hereby confessed and acknowledged, do hereby bargain, sell and convey unto the party cf the second part, its successors and assigns, the right to remove all gravel, sand and road -making and building material which it shall be able to remove from the fol- lowing described lands, situate in the County of Weld and State of Colorado, to -wit: A plat of ground lying North of original easement dated November 25, 1958, described as a part of the SWiNW4 in Section 18, Township 4 North, Range 66 West of the 6th P. M.: Beginning at the Northeast corner of original easement marked by a power pole East 100 feet; North 410 feet; West 320 feet; South 320 feet; East 120 feet to the point of beginning, containing 2.26 acres, more or less. It is agreed that gravel will not be taken below normal water level. The parties of the first part agrees to furnish the party of the second part a right-of-way for ingress and egress. Weld County, as a further consideration for this Deed and by acceptance thereof, agrees that said tract of lend shall be excluded from further assessment for taxes; the first parties hereby granting to the party of the second part the right to enter upon said lands at any time hereafter and to excavate and remove therefrom all gravel, sand and earthen material which it shall find suitable to its needs, together with the rights and privileges incident to the proper enjoyment thereof. This instrument shall give no title to said land, and shall only give the right to remove therefrom the part of the surface thereof as hereinabove set forth. This contract shall be binding upon and inure to the benefit of the heirs, administrators, and assigns of the parties of the first part, and the successors and assigns of the party of the second part. STATE OF COLORADO County of WELD SEAL A.D. 19 64 ) ) ) Ss. Subscribed and sworn to before me this I rv/t-t.• 18th day of My Commission expires .; w 1 sl .loll..&1lRifdli December 26. 1964 (SEAL) -Notary • blib ACCEPTED: aRD ` `+ hr ° S ... ATTEST: SY COUNTY CLERK reputierosantlittAvtle _ CD W K C "i Hello