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Home My WebLink About20142775 RESOLUTION RE: APPROVE ACCEPTANCE OF EASEMENT DEED OF DEDICATION AND AUTHORIZE CHAIR TO SIGN - JOSEPH HAWKINS 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 an Easement Deed of Dedication between 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, and Joseph Hawkins, 22411 Dunreathe Avenue, Orchard, Colorado 80649, with terms and conditions being as stated in said easement deed of dedication; said property being further described in Exhibit A, and WHEREAS, after review, the Board deems it advisable to approve and accept said Easement Deed of Dedication, 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 Easement Deed of Dedication between 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, and Joseph Hawkins be, and hereby is, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all related documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of September, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:dardewo r� P(QatkiL) G: ' Dougla Rademacher, Chair Weld County Clerk to the Bo-*:C� E La k - r rbara Kirkmeyer, P o-Tem BY: l fill I L11l..�,161 II '., ==• D-4 ty Clerk • the B T• '•%%.:�` Jean P. Conway ®`APP DAS19-F► : I ' 0 ! A-t'2-4 ',J�vo MiikkeFrpe n dun£ -ttorney William F. Garcia Date of signature: Ill, CC' e) 2014-2775 PW(F EG0070 9/2S =86= MEMORANDUM TO: Clerk to the Board DATE: September 5, 2014 -_G d 4i' FROM: Mike Livengood and Leon Sievers, Public Works Department SUBJECT: Agenda Item Easement Deed of Dedication with Joseph Hawkins for WCR 104. Enclosures RECEIVED sEPoa2014 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Ayenda-Leon-I doc 201 4-2775 e-6OO1-O q ' 10 - I� EASEMENT DEED OF DEDICATION THIS DEED,made this 4th day of August 2014,between Joseph Hawkins,"Grantor"whose legal address is 22411 Dunreathe Ave, Orchard, Colorado 80649, and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 1150 "O" Street, Greeley, Colorado 80631. "Grantor, for and in consideration of the sufficient sum of $ 1.00 of which Grantor acknowledges was received from Grantee", does hereby dedicate and convey forever unto Grantee and Grantees' heirs, successors, assigns, and personal representatives, free and clear of all liens and encumbrances and warrants title to a perpetual access, grading, slope, and snow stockpile area, and roadway purposes easement, (hereinafter referred to as the"Easement"), over and across Grantor's real property in Weld County, Colorado, known as North half, Section 22, T9N, R60W, 6`h P.M., Weld County, Colorado. The exact location of the Easement is more particularly described on Exhibit A, (legal description) and Exhibit B (map), both of which are attached hereto and by this reference incorporated herein and made a part hereof Grantees, at Grantees' expense, have constructed, and shall have the right to operate, use, maintain,and repair the grading, slope,and snow stockpile area within the Easement and shall have reasonable access thereto. The Easement shall be an easement appurtenant to Grantees'Public Road Right-of-Way,and shall inure to the benefit of Grantees' heirs,successors,assigns,and personal representatives,subject to the conditions set forth herein. All costs associated with the Easement, including surveying, construction, repair, maintenance, and snow removal, shall be borne by Grantees. Grantees' use of the Easement shall be exclusive, except that Grantor and Grantor's heirs, successors,assigns,personal representatives, guests,and invitees shall have an equal right to the use of the surface area of the Easement,without interference with Grantees' use thereof, and subject to the provision that any increased costs of repair and maintenance caused by such use shall be borne by the party using the Easement. The mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with the Easement are hereby specifically reserved unto Grantors, except as required to sustain the integrity of the Easement. 4047271 Pages: 1 of 5 09/19/2014 02:46 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO ■III FAIlir'4l6'«;1i,4S54IK' II III Easement Deed of Dedication Page 1 4045 e • of \\ *�\ 0 \ fie.. d� W\ cc. 0, The mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with the Easement are hereby specifically reserved unto Grantors, except as required to sustain the integrity of the Easement. IN WITNESS WHEREOF, Grantor and Grantees have executed this Easement Deed and Agreement this i day of /� �.,� , 20(x. ame wn r Name, Owner Date Date STATE OF COLORADO ) nu�,r0,) ) ss. COUNTY OF ) 06 The foregoing instrument was acknowledged before me this fl}-'' day of (A5,4,6.1 201j, by(Name)Jcstph 1-low c •s Owner. lllll Witness my hand and official seal. �( ftA O, Notary Public .1 J OcN•OT R tt4 My commission expires: CL C(c c i(p TN'. PUBLIC F�L . STATE OF COLORADO ) """""'".t.. ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of 201 , by(Name) , Owner. Witness my hand and official seal. Notary Public My commission expires: Easement Deed of Dedication Page 2 4045'80 Pa• 4047271 Pages: 2 of 5 0 14 :46 A - :$ '.� 09/19/2014 02:46 PM R Fee:$0.00 St .r ,o h.rk a R o •ev .elout y, Steve Moreno, Clerk and Recorder. Weld County, CO �� IVIIIkr.411h4G1+1'I1h'k 11111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right-of-Way), pursuant to Colorado Revised Statute 43-2-201(1)(a). i I, Dated this /o day of( h r , 2014 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: LA GE �� Chair , nJ J6140 ,��oug R demacher, Chair S ILa%, SEP 1 0 2014 Weld County Clerk to the Board lM� BY. `^.a tlb6l fla Ddputy Clerk to the Board \so. kals4 $ STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1(`) day of 201 2-[ , by Doug Rademacher, Chair, Board of County Commissioners of the Counfy of Weld. Witness my hand and official seal. tary P .lic My commission expires: SUSAN BROWN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134010751 MY COMMISSION EXPIRES FEBRUARY 12,2017 4047271 Pages: 3 of 5 090 Easement Deed of Dedication Steve Moreo.4 0Cler6k and Recorder PM R $0Weld county, co1 II1 MUM ;Ida'Ai: ?liK,ia,IOU M i!144W QIWI1411111 age 3 4"4598 age- . 3 3 0 �y 5/ i°4 0.�... PMV' Fe '�(�� ..rd r 0 �M o en•� � er �and.Re- d , '. -l. C., nt CO I■ I EXHIBIT A PARCEL DESCRIPTION A 30.00 FOOT WIDE EASEMENT ADJOINING THE SOUTHERLY SIDE OF THE SOUTH RIGHT OF WAY OF COUNTY ROAD 104 BEING LOCATED IN THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 9 NORTH, RANGE 60 WEST OF THE 6114 PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, THE PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 30.00 FEET OF THE NORTH 60.00 FEET OF THE EAST 350.00 FEET OF THE WEST 2193.00 FEET OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 9 NORTH, RANGE 60 WEST OF THE 6TH PRINCIPAL MERIDIAN. SAID DESCRIBED PARCEL OF LAND CONTAINS 10,500 SQ. FT. OR 0.241 ACRES, MORE OR LESS. SURVEYOR'S STATEMENT I, AARON A. DEMO, 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 s""r••,R GE, INFORMATION, BELIEF, AND IN MY PROFESSIONAL OPINION. .a DO U 1N. F • s • o !!: 38285 :o= o•. �17.31N • •:•&Li LF.J Q �, sN"AL LANOS,�'' AARON A. DEMO - ON BEHALF OF !LINE ENGINEERING CORP. COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR #38285 BASELINE ENGINEERING CORP. 710 I ITH AVENUE, SUITE 105 GREELEY, COLORADO 80631 (970) 353-7600 4047271 Pages: 4 of 5 09/19/2014 02:46 PM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld County. 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