HomeMy WebLinkAbout640193.tiffSIGN 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,
road making and building materials for and in consideration of Twenty Three Thousand
Nine Hundred Eighty Four and twenty-five hundredths Dollars ($23,984.25), 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 tract of land located in the NW4 of Section 18, Township 4 North,
Range 66 West of the 6th P. M., being more particualrly described
as follows:
Considering the W line of the NW4 of Sec 18 to bear N 00°00'OO" and W
with all bearings contained herein relative thereto:
Commencing at the NW cor of said Sec 18; thence S 00°00'OC" E along
the W line of said NW4 423.5' to a point, said point being the true
point of beginning; thence N 89°22'0(" E 1,193.23'; thence S 03°16'40"
E 266.39'; thence S 04°49'40" E 576.93'; thence S O1°02'40" E 406.35';
thence N 89°42'40" W 1,264.37' to the W line of the NW4 of said Sec 18;
thence N 00°0(''00" W along said W line 1,227.55' to the true point of
beginning.
The above described tract includes that area described in an easement
recorded in the Records of Weld County, Colorado, in Book 510 under
Reception#1432207. ( U: )
The above described tract contains 31.979 acres, excluding Public Road
rights -of -way and the easement described under Reception #1432207.
WHEREAS, Mr. Bernhardt agrees to furnish a right-of-way for ingress and
egress, and
WHEREAS, Mr. Bernhardt agrees to accept three payments in the amount of
Seven Thousand Nine Hundred Ninety Four and seventy-five hundredths Dollars ($7,994.75)
payable July 1, 1964, $7,994.75 payable July 1, 1965 and $7,994.75 payable July 1,
1966, 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-
EGWlla
640193
- 2 -
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:
DATED: June 24, 1964
MB 32:
•
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
GE 2&3: 20
8004 517
/ 4,4„
CC 49b
ifr
�,EASEME
THIS AGREEMENT, Made this 24th day of Jure A. D. 19
by and between Ben Bernhardt and Esther Bernhardt
of Weld County, Colorado, parties of the first part, and Weld County, in the State of
Colorado, a municipality, party of the second part:
WITNESSETlfr The parties of the first part, for and in consideration of
twenty Three
Thousand Nine Hundred E_ghty Four and twenty-five hundredths ($23,984.25)- - Do11a*s,
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 tract of land located in the NW- of Sec 18, T. 4 N., Rge. 66 W. of the 6th P. M. in
Weld County, Colorado, being more particularly described as follows:
Considering the West line of the NWe of said Sec 18 to bear North 00°00'CC" West and
with all bearings contained herein relative thereto: Commencing at the NW corner of said
Sec 18; thence South 00°00'00" East along the West line of said NW4 423.50 feet to a
point, said point being the True point of beginning; thence North 89°22'00" East 1,193.23
feet; thence South 03°16'40" East 266.39 feet; thence South 04°49'40" East 576.93 feet;
thence South 01°02'40" East 406.35 feet; thence North 89°42'40" West 1,264.37 feet to
the West line of the NW- of said Sec 18; thence North 00°00'00" West along said West line
1,227.55 feet to the true point of beginning. The above described tract includes that
area described in an easement recorded in the Records of Weld County in Book 510 under
reception # 1432207. This tract contains 31.979 acres, excluding Public roads rights -
of -way and the easement described under reception # 1432207.
The parties of the first part agrees to furnish the party of the second part a right-of-
way for ingressand egress. Gravel will not be taken below normal water level.
Weld County, as a further consideration for this Deed and by acceptance thereof,
agrees that said tract of land 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 hereinab ve 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
) es,
County of Weld
SEAL
A. D. 19 :1...,
(SEAL)
el:12::.11,,e- ..... izze e z,.(k. (SEAL)
Subscribed and sworn to before me this
My Commission expires '}°*:emt'er t e
cdti0 •0J 24th, day of ..... 40ne).:.;.. .;,v, J
otary=Pubi
ACCEPTED:
9ELD • y, COLORADO,
BY:
ATTEST: i_ !
COUNTY CLERK
• 1, L.
By
Deputy County Clerk
co
ITS BOARD CF CCU Y COMMISSIONERS
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