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Home My WebLink About20121209.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT, GRANT OF PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - JAMES MILDENBERGER, DIANE MILDENBERGER, AND MARY ANN CHUMLEE 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 Agreement for Conveyance of Easement, Grant of Permanent Easement, and Temporary Construction Easement for Certain Improvements to County Road 49 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 James Mildenberger, Diane Mildenberger, and Mary Ann Chumley, 15807 County Road 49, La Salle, Colorado 80645, commencing upon full execution, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement and easements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Conveyance of Easement, Grant of Permanent Easement, and Temporary Construction Easement for Certain Improvements to County Road 49 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 James Mildenberger, Diane Mildenberger, and Mary Ann Chumley be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. Pu) 2012-1209 EG0066 AGREEMENT FOR CONVEYANCE OF EASEMENT, GRANT OF PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49-JAMES MILDENBERGER, DIANE MILDERBERGER,AND MARY ANN CHUMLEE PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 14th day of May,A.D.,2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: EXCUSED Sean P. onway,Chair Weld County Clerk to the Board . � Wi i�F. arcia,Pro-Te BY: ..�1a./ . .�� ► 4i Deputy Cl a k to the Boar. 361 r ra Kirkmeyer � � Q AP"O. DAS T-`'M �® • ro� e.n,1 David E.Lon � unty ! ey }�(0u ¢9 cn F7 44"--) Dougla Rademac r Date of signature: 619-1-e' 2012-1209 EG0066 il , ( MEMORANDUM ��J G u N T Y TO: Clerk to the Board DATE: May 9, 2012 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Please submit the attached items with James Mildenberger, Dianne P. Mildenberger, and Mary Ann Chumlee for Board approval: • Agreement for Conveyance of Easement • Grant of Permanent Easement • Temporary Construction Easement For the purpose of constructing and maintaining a roadway culvert on WCR 49. M\Francie\AgendaLeon.docx 2012-1209 • AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CER'T'AIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN JAMES MILDENBERGER AND DAINE P. MILDENBERGER AND MARY ANN CHUMLEY AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this/ 11 day of , 2012, by and between James Mildenberger, Diane P. Mildenberger and Mary Ann Chumley, se address is 15807 Weld County Road 49, La Salle, Colorado 80645, herein collectively referfed to as "Owner" and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to install and maintain a roadway culvert to Weld County Road 49, and WHEREAS, Owner owns property described in the attached Exhibit "A" and Exhibit "B", hereinafter referred to collectively as "Easements", and WHEREAS, County needs said Easements in order to complete said installation and maintenance, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Easements, as shown and/or described on Exhibit "A" and Exhibit"B", attached hereto and hereinafter referred to herein as the"Easements" for the total sum of Eight Hundred and no/100 ($800.00) dollars for both easements. 2. Owner agrees to grant Easements to County by using substantially the Easement • Forms which are attached hereto as Exhibit "C" and Exhibit "D", free and clear of all encumbrances, except existing easements. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. Page 1 of 3 3845895 Pages: 1 of 7 05/15/2012 11:01 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO 1�� illin 111614,10 POMP till 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agent or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date of the execution of the Easement shall be the date of the delivery of the documents, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to use all the Easement for the purpose of said rebuilding and improvement project. 6. County will remove the existing right of way fence and install a temporary fence along the Temporary Construction Easement boundary. When the construction is completed, county will remove the temporary fence and reinstall the right of way fence. 7. County will level and seed the disturbed area. The type of seed mix will be mutually agreed to by County and Owner. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF the parties have set their hands on the day and year first above itten. mes it e erger, Ownv Diane P. Mildenberge er • Ann Chumle Owner 3845895 Pages: 2 of 7 y, 00 Steve Moreno 11:01 AM R Fee el Steve Moreno. Clerk and Recorder, Weld County, CO MN ♦I MI Page 2 of 3 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: t Wilhelm F. Garcia :haft Pro-Tem Weld County Clerk to the Boar Lt. 412 MAY 1 4 2012 1861 a,1 BY: ,102 Deputy C1 to the Board 4C 1 r `: y% 05/1582012 11 019es AM R Fee $0 e1 Steve Moreno. Clerk and Recorder. Weld County CO Mill lfig'i141.?,1+�'+iillitit l��tie'� ?Wi C,l t�'I IN"1 VIII Page 3 of 3 070/G- /42.0 GRANT OF PERMANENT EASEMENT (James Mildenberger, Diane Mildenberger and Mary Ann Chumley-Weld County) This Grant of Permanent Easement is made by and between James Mildenberger, Diane P. Mildenberger and Mary Ann Chumley, whose address is 15807 WCR 49, LaSalle, Colorado • 80645 ("Owner") and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 ("County"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby grants, sells, assigns, conveys and quit claims to County a non- exclusive, perpetual easement, for the purpose of constructing and maintaining a roadway culvert. The location of the easement parcel is described as follows: See Easement Exhibit"A" and Easement Exhibit Map Upon execution of the Permanent Easement by Owner, County, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Permanent Easement for the daily operation, access and maintenance of said roadway culvert. This conveyance shall be deemed to include sufficient land for the construction and maintenance thereof including rights of entry upon, passage over, deposit of excavated earth and storage of material and equipment on such area as may be necessary or useful for the construction, maintenance, cleaning out and repair of said roadway culvert. This Easement shall be binding upon, all and inure to the benefit of, and be enforceable by the parties, their successors and assigns. The Easement shall be governed and constructed in accordance with the laws of the State of Colorado. IN WITNESS H RE ,'the parties have set their hands hereonupon the dates of a owledgm rt e w. a e t e , Ow er Diane P. Mildenber er, Owner 7v 3845895 Pages: 4 of 7 722// aryumley,OWner 05/15/2012 11:01 RM R Fee:$0.00 Pagclo(2 Steve Moreno. Clerk and Recorder, Weld County. CO ■IIIFi iK4?Ik'Ii��14�IL101111, RDhlr« NH 11111 v • STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this —11-41 day of , 2012, by James Mildenberger, Diane P. Mildenberger and Mary Ann Chumlee, Owners. and official seal. ,of Vic\ CHRISTINE GI Notar y ubhc :s co ni mis4 �ry pires:�iACt CUxl' 7? L? i CD 4.pN epte The GranteeX&f81iy accepts this easement for the purposes set forth herein on this the day of , 2012 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO ATTEST: By: �V ' (12� William F. Garcia Chair Pro-Tem ��'� � f % ` � MAY 142012 Weld Count Clerk to the Bo d BY: a€I eputy Cler k to the Board .k Page 2 of 2 page 3845895 Pages: 5 of 7 05/15/2012 11:01 AM R Fee-$°i00 Steve Moreno, Clerk and Recorder Weld County 60 u milli III tin IA WM (A2O/0?—/c)? ? • EXHIBIT-A S13-T3N-R65W PROPERTY DESCRIPTION PERMANENT CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2314714, LOT 18 OF THE MILTON LAKE ESTATES FIRST FILING SUBDIVISION AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 20.00 FEET OF THE SOUTHERLY 20.00 FEET OF THE NORTHERLY 675.18 FEET OF SAID LOT 18 OF MILTON LAKES ESTATES FIRST FILING SUBDIVISION. SAID PARCEL CONTAINS 400.00 sf. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 \ p00 AE. O N 23520 • ZZ l2!• AL LAPA 3845895 Pages: 6 of 7 05/15/2012 11:01 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■��flK,k 'i IIitlfU 1lMrnlei HI/ HI rt ■I III PERMANENT CONSTRUCTION / ty WELD COUNTY PUBLIC WORKS EASEMENT DEPARTMENT SITE: WELD COUNTY ROADS 49 32 TO 34 MILDENBERGER • 15807 WCR 49 PROJECT: SCALE; 49 O WELD COUNTY COLORADO DATE: DRAWN BY SHEET: FEB.7,2012 DREI 1 of 2 EXHIBIT SI3-T3N-R65W R R iR NORTHEAST CORNER S13-T3N-R65W FOUND #6 REB. WITH 3 1/4" ALUM. CAP STAMPED PLS #10855 JAMES & DIANE P. o\ I I 1998 IN MON. BOX MILDENBERGER ru I cn PARC. #121313101001 Z o I I RECP. #2314714 Co i I LONE STAR LLC. PARC. #121518000018 RECP. #3577432 I 1 R R R I i I- 100,00 W �oiim 0 o .a `��,,UO R 1 °1.2 W o o 1 I I 23520 ; _II o D • Z'7-17r I . ss� of I I "',,°NAC.LAiio �'NIIItII\' 100,00MN 1 I 1 BRYAN L. & BRANDIE K. BOND _. I PARC. #121518000020 I I• I RECP. #2894071 gA 1 I 1 .-2... -'� F SCY-. mmI 3 d4S I ` �'. `°� LL- Mt N °— I toirS I I I u¢m-- * EAST 1/4 CORNER a• mv- - S13-T3N-R65W -.0 FOUND #6 REB. WITH E'er 3 1/4" ALUM. CAP L STAMPED PLS #10855 NOTE: THIS EXHIBIT MAP DOES NOT mNo 1990 IN MON. BOX 1 I REPRESENT A MONUMENTED LAND 59) : I I SURVEY OR LAND SURVEY PLAT. IT IS ▪ > INTENDED TO ILLUSTRATE THE ATTACHED Mo�—� PROPERTY DESCRIPTION ONLY. PERMANENT AND TEMPORARY WELD COUNTY PUBLIC WORKS CONSTRUCTION 44.07-- DEPARTMENT EASEMENT SITE: WLI1DcWELD COUNTY ROAD 4932 to 34 MILDENBERGER13807 WCR 49 PROJECT: SCALE. 1"=50' WELD COUNTY COLORADO DATE: DRAWN BY: SHEET: FEB.7,2012 DRH 2 of 2 y TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between James Mildenberger, Diane P. Mildenberger and Mary Ann Chumlee whose address is 15807 Weld County Road 49, LaSalle, Colorado 80645, Grantor and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street Greeley, Colorado 80631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easements is for installation of a roadway culvert, in and to, over, under and across the following described land: SEE TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "B" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easements are subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on March 1, 2011, and shall expire and be of no further force or effect on December 31, 2012, or at the end of construction, whichever is earlier. 2. During the term of this Temporary construction Easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement,the Grantee covenants and agrees to restore said lands to a level comparable to its original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Grantee will remove and replace any existing fence that interferers with the installation with the roadway culvert. Grantee will construct a temporary fence along the temporary easement boundary and will remove said fence when the construction is completed. 6. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00) dollars for the execution of this Temporary Construction Easement. IT IS MUTUAL Y AG ED AND ACCEPTED that the terms and conditions of these Temporary Construc s nts shall extend to and be binding upon the heirs, executors, ad • istrators ss•j ns of the respective parties hereto. J. �es ` • ie .erger, Ow -r Diane P. Mildenberger, er Mary hn Chumlee, Owner STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1Th day of 1C.U,4 . , 2012, by James Hildenberger, Diane P. Mildenberger and Mary Ann Chumlee, Owners. Wit d official seal. I E''� C&vtt l` ZlCHRISTINE G1" felt t PETTY` i ?„ Notary Public oNB ?SOS- A S. 'ry My ',,.; .:., .�ti',.'.. es:`cp{=eSUlbsir 72.)7015 EXPIRES sE GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. COUNTY OF WELD, STATE OF COLORA , GRANTEE ATTEST: lliam F. Garcia Chair Pro—Tern 7:tt 117) • W' `}'° •9''' MAY 1 42012 Weld County Clerk to the Bo taifi' h k Deputy Cler o the Board age 2 of 2 pages o7 /& Paz EXHIBIT-B S13-T3N-R65W PROPERTY DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2314714, LOT 18 OF THE MILTON LAKE ESTATES FIRST FILING SUBDIVISION AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 100.00 FEET OF THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 725.08 FEET OF SAID LOT 18 OF MILTON LAKES ESTATES FIRST FILING SUBDIVISION. SAID PARCEL CONTAINS 10,000.00 sf. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 p 1G1 Tr J 235�O e rte"\ iii S/ONALLP.;.�� TEMPORARY CONSTRUCTION WELD COUNTY PUBLIC WORKS EASEMENT �� DEPARTMENT SITE: 1' '�t 1 MILDENBERGER wove COUNTY ROADS 49 32 TO 34 15807 WCR 49 wove PROJECT: SCALE; WELD COUNTY COLORADO DATE: FEB.7,2012 DRAWN BY:DRH SHEET: 1 of 2 EXHIBIT SI3-T3N-R65W R R lit NORTHEAST CORNER S13-T3N-R65W I I FOUND #6 REB. WITH 3 1/4" ALUM. CAP STAMPED PLS #10855 JAMES & DIANE P. aNI 1998 IN MON. BOX MILDENBERGER 10 PARC. #121313101001 I Caci I RECP. #2314714 00 I I I LONE STAR LLC. PARC. #121518000018 • RECP. #3577432 I -�� R R R 100A0 (A)C IM I - o \\uuulul ii o 9 i.R. 'ce — c'o4�o I I .O 9N o I I 123520 i E o i 2--; 'g` o GI I (�., 2.?.I o s o `ryNNAL lA� 100,00 I _� BRYAN L. & BRANDIE K. BOND �, PARC. #121518000020 RECP. #2894071 I I I EAST 1/4 CORNER S13-T3N-R65W FOUND #6 REB. WITH 3 1/4" ALUM. CAP STAMPED PLS #10855 I N1/4%, NOTE: THIS EXHIBIT MAP DOES NOT 1990 IN MON. BOX REPRESENT A MONUMENTED LAND 1 I SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT AND TEMPORARY WELD COUNTY PUBLIC WORKS CONSTRUCTION .7.- DEPARTMENT EASEMENT SITE: WELD COUNTY ROAD 49 32 to 34 MILDENBERGER Wilk15807 WCR 49 PROJECT: SCALE: 1"=50' WELD COUNTY COLORADO DATE: FEB. 2012 DRAWN BY: DRH SHEET: 2 of 2 Hello