HomeMy WebLinkAbout990056.tiff RESOLUTION
RE: ACCEPT GRANT OF EASEMENT FROM PUBLIC SERVICE COMPANY OF
COLORADO TO ACCESS PROPERTY IN SECTION 28, TOWNSHIP 2 NORTH,
RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO
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 of the Board dated October 14, 1998, the Board did approve a
contract to purchase real property from the Public Service Company of Colorado for the location
of a grader shed in Section 28, Township 2 North, Range 66 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, said real property necessitates the granting of an access easement from the
Public Service Company of Colorado to Weld County, and
WHEREAS, the Board has been presented with said grant of easement, and
WHEREAS, after review, the Board deems it advisable to accept said grant of 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 grant of easement from the Public Service Company of Colorado,
signed and dated December 18, 1998, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that said access easement be shown, and
dedicated for the use as shown, on the recorded exemption plat being created to accomplish the
transfer of the property to Weld County and approved by the Board on October 14, 1998.
" 990056
PR0016
RE: GRANT OF EASEMENT FROM PUBLIC SERVICE COMPANY- S28, T2N, R66
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of January, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST:
K.Z_))`
Dale K. Hall, Chair
Weld County Clerk to the o { A�:i er ,
`'lY" ; w _- . EXCUSED
• / i ? Barbara J. Kirkmeyer, P -Tem
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Deputy Clerk to the 1/7�a "\, / ```�-r`cei .Ga—�G�
� =' George'E. xter
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Glenn Vaad
990056
PR0016
/- > PUBLIC SERVICE
/— —/ COMPANY OF COLORADO"f"_//� A NEW GENrURY ENERGIES COMPANY
Siting and Land Rights
550 15th Street, Suite 700
Denver, Colorado 80202-4256
Telephone 303.571.7799
Facsimile 303.571.7877
December 18, 1998
Mr. Don Somer
Weld County Public Works
933 N. 11th Avenue
Greeley, CO 80631
Re: Easement for access in Section 28, Township 2 North, Range 66 West
Dear Don:
Please find enclosed (2) two original copies of a fully executed Easement Document. This
document will provide the necessary access for the road to the property that Weld County is
going to purchase from Public Service Company in the future.
Upon acceptance of this document, by Weld County, please record the document and forward
one copy of the recorded document to me along with a check in the amount of $500.00 to the
above letterhead address, attention Harry Swinhart.
If I can be of further assistance at this time, please contact me at 571-7292. Thank you.
Sincer ly,
H Swinhart, Agent
Siting and Land Rights
gga.s7O
Attach to
Document #2228
EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That, PUBLIC SERVICE COMPANY
OF COLORADO, a Colorado corporation, whose address is 1225 Seventeenth
Street, Denver, Colorado 80202 (Grantor), for the sum of Ten Dollars ($10.00)
and other good and valuable consideration in hand paid, does hereby grant, bargain,
sell and convey to Weld County, whose address is 915 10th St. Greeley, CO
80631 (Grantee), its successors and assigns, a non-exclusive easement to
construct, maintain, alter, repair, replace, reconstruct, inspect, operate and remove
a driveway and utilities, together with related appurtenances on, over, under and
across the following described premises located in the County of Weld, State of
Colorado, to wit:
A parcel of land located in Section 28, Township 2 North, Range 66 West, of
the Sixth Principal Meridian as described in Book 586, Reception Number 1 508307,
of the records of said county, as more particularly shown on Exhibit A and Exhibit B
attached hereto and made a part hereof.
This grant of easement is subject to the following conditions:
1 . The use of the premises shall be for above stated purposes only. No buildings,
structures, signs or wells shall be erected, placed or permitted to remain on the
premises.
2. The Grantor reserves the right to place utility facilities in, under, over and across
said Easement which do not interfere with the Grantee's use of the premises.
3. The Grantor shall, at all times, have the right of access to, along and upon the
premises for the operation and maintenance of its utility facilities.
4. The easement herein granted may be subject to the lien of the Grantor's
Indenture, and to its termination by the Indenture Trustee upon the occurrence
of an event of default under the Indenture.
5. Grantee agrees, to the extent permitted by law, to save, indemnify and hold
Grantor harmless from and against all claims and liability for damages, loss or
expense caused by any injury or death to any person or damage to property if
the same shall in any way be connected with or result of the exercise by the
Grantee of the rights granted herein.
11111111111111111111111111111111111111 III 11III II111111
2669683 01/28/1999 08:51R Wald County CO WOOS-4
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6. This Easement is issued subject to any prior licenses, easements, or leases
granted by Grantor for facilities of other parties.
7. In case of the permanent abandonment of this Easement, all right, privilege and
interest herein granted shall end, cease and terminate.
8. Grantee and its agents, employees, and contractors shall comply with all
Federal, State and local hazardous materials laws including but not limited to the
Comprehensive Environmental Response, Compensation and Liability Act, the
Resource Conservation and Recovery Act, the Solid Waste Disposal Act and
Sections 25-15-101 , et. seq., 25-16-101 , et. seq., 25-07-101 , et. seq., and
25-8-101 , et., seq. of the Colorado Revised Statutes. Grantee shall not use,
generate, store or dispose of any hazardous substance on, under or about the
premises except in full compliance with any applicable hazardous materials laws.
If the presence of hazardous substances arises as a result of Grantee's use or
occupancy of the premises, Grantee shall be responsible for all actions, legal or
administrative proceedings, demands, claims, judgments, damages, penalties,
fines, costs, liabilities, or expenses including, but not limited to personal injury,
property damage, diminution in property values and remediation of
contamination.
EXECUTED this IV day of 11 t,l9,3.
PUBLIC SERVICE COMPANY OF COLORADO
By:U
Nicholas B. Faes, Manager
Siting & Land Rights, New Century Services
Agent for Public Service Company of Colorado
STATE OF COLORADO
Iss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 18 day of
Dearndkk, 1798 by Nic/laz.*S B, 1-7qFs ✓ ivoc#e as /16,Q-..) 1-
for Public Service Company of Colorado.
My Commission expires: r/.7//4/ Zen-
Witness Witness my hand and official seal. (774/
Notary ltlblic
`f,
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EXHIBIT "A"
PROPERTY DESCRIPTION
30' Access Easement
A strip of land Thirty feet(30') in width and being part of the Northeast Quarter(NE 1/4)/4) of
Section Twenty-eight (28), Township Two North (T.2N.), Range Sixty-six West (R.66W.) of the
Sixth Principal Meridian, County of Weld, State of Colorado with the center line being more
particularly described as follows:
BEGINNING at the East Quarter Corner of said Section 28 and assuming the East line of the
Southeast Quarter(SE1/4) of said Section 28 as bearing South 00°19'59" East as determined by a
GPS observation a distance of 2647.63 feet with all other bearings contained herein relative
thereto:
THENCE North 00°19'03" West along the East line of said NE1/4 a distance of 705.00 feet;
THENCE South 89°40'57" West a distance of 30.00 feet to the Westerly Right-Of-Way (ROW)
line of Weld County Road #31 (WCR#31). Said line also being the Easterly line of that parcel of
land as described in that document as recorded September 29, 1967 in Book 586 as Reception
Number 1508307 of the records of the Weld County Clerk and Recorder (WCCR). Said point
being the TRUE POINT OF BEGINNING of said center line description:
THENCE South 89°40'57" West along said center line a distance of 195.00 feet to the
TERMINUS POINT of said center line description.
Said described parcel of land contains 5,850 Square Feet, 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.
It is the intent of this description that the sidelines be prolonged or shortened to intersect the
Westerly ROW line of said WCR#31 and that the end line be at right angles to the center line of
said described easement at the Terminus Point.
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 checking, and that it is
true and correct to the best of my knowledge, information, belief, and in my professional
opinion.
•
Charles B. Jones ' ' •
• i / IC /la
Colorado Registere -`ssi•n �'•
Land Surveyor #220' i �ss� '•••.•• •' O
e4''L
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
Project Number: 98289 (December 4, 1998)
(File: lgl-esmt.txt)
HID 11111 111111 11111 IIII 11111 11111 III IIIII Iill IIII
2669683 01/28/1999 08:516 Weld County CO
3 of 4 R 0.00 D 0.00 JR Suki Tsukamoto 996105/7o'
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9299 EASTMAN PARK DRIVE DATE: DECEMBER 4, 1998
WINDSOR, CO. 80550 PHONE: (970) 686-5011 CLIENT: WELD COUNTY
ENGINEERING
996(25
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