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Home My WebLink About20182677.tiffRESOLUTION RE: APPROVE TERMINATION OF EASEMENT BY RELEASE AND AUTHORIZE CHAIR TO SIGN 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 Termination of Easement by Release for the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, commencing upon full execution of signatures, with further terms and conditions being as stated in said Termination of Easement by Release, and WHEREAS, after review, the Board deems it advisable to approve said Termination of Easement by Release, 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 Termination of Easement by Release for the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said request. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of August, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: die/WO X •el Ste Moreno, Chair Weld County Clerk to the Board arbara Kirkmeyer, ro-Tem BY: Deputy' Clerk to the Boar APPROVED AS TO FORM: ie A� Cozad Asst. County Attorney cc:CaC6CN, Pw( ER) OS./ 3O / t 8' Mike Freeman Date of signature: l 2018-2677 CA0016 EG0075 TO: Board of County Commissioners FROM: Bob Choate, Assistant County Attorney DATE: August 14, 2018 SUBJECT: Request to Release Gravel Mining Easement Commissioners, In 1942, the County acquired a one -acre easement for the right to remove gravel and other road building materials from a parcel located in the far northeast corner of Evans, on the southwest side of the intersection of 1s` Ave. and 315` St. The property owner is under contract to sell the parcel for development, but the purchaser requires the easement to be released before closing. Public Works has no use for this easement and has no objection to releasing it. I recommend you authorize the chair to sign an appropriate release of this unneeded easement, which will assist the property owner with development. If you agree, I will place this request on your regular business agenda. A copy of the 1942 easement is attached. Please let me know if you have any questions or concerns. Approve Staff Recommendation Work Session Requested Comments Steve Moreno �— 1 Barbara Kirkmeyer ( Sean( Conway �`/ 'c/ Julie Cozad Qi i` Mike Freeman Yf\ C 2018-2677 Bob Choate Subject: RE: Fwd: From: jamesagus@aol.com <jamesagus@aol.com> Sent: Thursday, August 9, 2018 9:59 AM To: Frank Haug <fhaug@weldgov.com> Cc: jbirts@cox.net; mlienk@aot.com Subject: Fwd: Assistant Weld County Attorney Frank Haug, I am sending to you herewith an Easement that was granted by my client's predecessor in interest for the right to remove gravel, sand and road -making materials that my client would like Weld County to release and terminate by either a Quit Claim Deed or a Release and Termination of Easement Agreement. My client is currently under contract to sell a portion of his property that is affected by this Easement and the buyer is requiring that the Easement be terminated before it will proceed with the sale. It is to Weld County's benefit because the development that is going to be put on this property will provide Weld County with developed property which will increase its' tax base. Please confirm that you received this memo and advise me the time period to accomplish this task. I need to advise buyer's attorney in the very near future if Weld County is willing to release and terminate this Easement and the time period to accomplish it. Thanks, Jim Gustafson Original Message From: mlienk <mlienk(a?aol.com> To: jamesagus <jamesaqusaol.com> Sent: Thu, Aug 9, 2018 9:46 am Attorney -Client Privilege Statement: This message and any attachments may be protected by the attorney -client privilege. If you believe that it has been sent to you in error, do not copy or distribute it. Please reply to the sender that you have received the message in error and then delete it. Confidentiality Notice: This e-mail contains confidential and/or privileged information and is intended to be read only by the person or authorized representative of the organization to whom it is addressed. If you are neither of these persons, you have received this e-mail in error. Please do not print, copy, re -transmit, disseminate or otherwise use the information, all of which are prohibited. Please immediately notify the sender by return e-mail or by telephone that you have received this communication in error and delete this e-mail from you system. Thank you. 1 TERMINATION OF EASEMENT BY RELEASE On April 4, 1942, an Easement was granted by Angeline A. McCollum to The County of Weld, in the State of Colorado, for the right to remove all gravel, sand and road -making and building material which it shall be able to remove from the following described lands, situate in the County of Weld, and State of Colorado, to -wit: A Tract of Land located in the SE 1/4 of Section 20, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, more particularly described as follows: Commencing at the East one -quarter corner of said Section 20, thence South 55 ft., thence West 160 ft. to the place of beginning, said point of beginning being 10 ft. south of the east and west County road as now fenced, running thence from said point of beginning, West 380 feet parallel with the south side of said County road, thence South 229 feet, thence Northeasterly 443.6 feet, more or less, to the place of beginning. Containing 1.0 acres, more or less. This Easement is no longer being used by The County of Weld, in the State of Colorado, so the Board of Commissioners, acting by its Chair, on behalf of The County of Weld, does hereby terminate said Easement by signing this Termination of Easement by Release. The Easement being terminated by release was recorded on June 23, 1942, in Book 1095, at Page 537, under Reception No. 900538, of the Weld County Records. In Consideration of Ten Dollars and other valuation consideration, receipt of which is acknowledged, The County of Weld, in the State of Colorado, hereby releases to the current owner of the above -described property, James R. Birts, the Easement described above, it being the intention of the parties to terminate said Easement. IN WITNESS WHEREOF, the Chair of the Board of Commissioners for the County of Weld, in the State of Colorado, has executed this Termination of Easement by Release this 22nd day of August , 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddrif4A) x114:4. Weld County Clerk to the Board BY: Deputy Clerk to the Board 4425265 Pages: 1 of 1 08/23/2018 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO tr0 iI II Steve Moreno, Chair AUG 2 2? 731E E ,Qo i5- Q(O.'17 "JO '13 Iu1z tf. ©OCk3.O95 PAGE5i.7 EASEM ENT 0.4i5 AL Ur1itCttf, Made this 4th day of April A. D. 1542 , by and between Angeline A. Mc Coliwe of Weld County, Colorado, party of the first part, and The County of Weld, in the State of Colorado, a municipality. party of the second part: WITNESSETII: The part' of the first part, for and in consideration. of ----One . Hundred and NO/100 ---•-- Dollars, to first part y in hand paid by the party of the second part, the receipt whereof is hereby confessed and acknowledged, does hereby hargain, sell and convey unto the party of the second part. Its succes- ,rs and assigns, the right to remove all gravel, sand and road -making and building material which it ,hail be able remove from the following described lands, situate in the County of Weld and State of Culurulo, to -wit: A Trc;^r of Land locaied in the SC:1 of Section 20, Town- ship 5 !'or th, Range 65 West of the 6th P. ?i. , VVleld County, Colorado, more particulrtrl'y desn.ri`cad as follows; r:oimP ri..lug at the East one -carter worrier of Safi''' se?J1;1"Ii 20, t.he11we South rr ft,, thenet. West 160 ft. to the plane of beginning, nr x1 Uol t; of beginning being 10 ft. south of the east and ru's I County 1•(:),••1• ag. crew! pnnor..,,', ruicsl.ng, to.. n,,,_. f -on ca1Cj point of beginning W t ( rrn n 1al .r:I •,;l th Iles. south Sid-: of said County rood, then'n hoc a!1 22 North,"..stvrly :143.6 feat more or less to the of beginning. Containing 1.0 Acres more or less. The County of Weld, as a further consideration for this Deed and b}% acceptance thereof,. agrees that said tract of lucid shall be excluded from further assessment for taxes; the first party hereby - granting to the part• of the second part the right to enter upon said bouts at any time hereafter and to excavate and remove therefrom nil gravel, sand and earthen material which it shell 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 hereivabove set forth. This contract shall be binding upon and inure to the benefit of the heirs, administrators, and assigns of the port y of the first part, and -the succes- sors and assigns of the party of the second part. ,(SEAL)' ACCEPTED: THE COUNTY-OFIWELD, COLOR. DO; --'-T;• As the BOARD OF COUNTY COMMISSIONERS. State of.Co)prado, 1 I'S' County''of'W6.111 r 3 b'lie,fo1fefoing nstrument wa cicnowledged bef me this.. �� .day of.....7.r WITNESS any hand and Official Seal. ALICE A. CH 1tSTMAN, Notory Public My Commission Expired.Cauncy..Colotada........ My rcdMrs;4:L9nb Notary Public. 4,656.3 0 2,328.16 WGS_1984_Web_ Mercator._Auxiliary_Sphere c Weld County Colorado 4,656.3 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels Weld County Maintained Road Paved Road Gravel Road Jointly Maintained Roads Border Roads State of Colorado Adams County Boulder County Larimer County Morgan County Planned Road Closures Current Road Closures Road Centerlines Other Highway ..._-- Paved ,. _ Gravel Municipal, Paved _ _ Municipal, Gravel City Limits - Extended Ault Berthoud Brighton Dacono Eaton Notes Book 1095 Page 537 Reception # 900534 Hello