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Home My WebLink About20121952.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 60.5 AND CR 53 AND AUTHORIZE CHAIR TO SIGN - KALLEN AND KEELY MOORE 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 for Certain Improvements to CR 60.5 and CR 53 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 Kallen and Keely Moore, 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, 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 Agreement for Conveyance of Easement for Certain Improvements to CR 60.5 and CR 53 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 Kallen and Keely Moore be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of July, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Sean P. Co ay, Chair Weld County Clerk to the Board / Will m F. Garcia, Pro- m BY: Deputy CI to the oard a Kirkme er 1861 O 14::2 APPR AST el,„" �, id E. Long unty rney j )l� 4ti! � Douglas/Rademacher Date of signature: -a-I- I a @C '• Pup 2012-1952 % -ac\-t a EG0066 •••• 3 .. �► ! MEMORANDUM 13. co_U N T TO: Clerk to the Board DATE: July 20, 2012 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement For Conveyance of Easement with Kallen R. and Keeley A. Moore for Improvements to WCR 60.5 and WCR 53. Attached is one original agreement. M:\Francie\AyendaLeon docx 2012-1952 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 601/2 and 53 BETWEEN KALLEN R. MOORE AND KEELY A. MOORE AND WELD COUNTY, COLORADO p THIS AGREEMENT is made and entered into this 10 day of J Z, 2012, by and between Kallen R. Moore and Keely A. Moore, whose address is 26409 Weld Road 60'1, Greeley, Colorado 80631, herein collectively referred 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 rebuild and improve Weld County Road 60'1 and 53, and WHEREAS, Owner owns property described in the attached Exhibit"A", hereinafter referred to collectively as "Easement", and WHEREAS, County needs said Easement in order to complete said rebuilding and improvement project, 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 Easement, as shown and/or described on Exhibit"A", attached hereto and hereinafter referred to herein as the "Easement" for the total sum of Five Hundred and no/100 ($500.00) dollars. 2. Owner agrees to grant Easement to County by using substantially the Easement Form which is attached hereto as Exhibit "B", free and clear of all encumbrances, except existing easements. 3. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the easement. County shall pay all fees associated with recording the Easement. Page 1 oft 3868477 Pages: 1 of 4 08/24/2012 11:00 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO uIlih'iriFYiPii,l414G 1#1. I t�+lcre' r1i�L��I 1 �IIII 020/07—/254 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. 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 WIT S HEREOF, the parties have set their hands on the day and year first above A• ten. V _ Ka en R. Ma e, O er Kee y A. Moor , Owner BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO ATTEST: BY:_ v , �`"�•-� � Sean P. Conway, Chair • 1861JUL 252012 Weld County Clerk t11 e Board CI 1 BY:4 t 51 v Deputy Cle to the Board Page 2 of 2 3868477 Pages: 2 of 4 08/24/2012 11:00 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO 60/02-/950?■IIII(" VIMAKII/Yl#'lrr' ', NU�RI�GiHI"11IIII • EXHIBIT-A NW I/4 S4-T5N-R64W PROPERTY DESCRIPTION PERMANENT CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF RECORDED EXEMPTION NO. 0595-09-02-RE4499 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3438016 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 5.00 FEET OF THE SOUTH 45.00 FEET OF THE WEST 415.00 FEET OF LOT A OF RECORDED EXEMPTION NO. 0595-09-02-RE4499 SAID PARCEL CONTAINS 2,078.06 sf. OR 0.05 ac. 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 alluIwnr, �/ •4 p�pJi 23520 / j ��'/ q( LAND \``\ //,rrnII , t ` • 3868477 Pages: 3 of 4 08/2Steve /2012 Moreno, ClerOk and Recorder,M R 0 Weld County, CO 1111 riVYiPiilviICL4t Si MIKE t WIC KiRini III III PERMANENT CONSTRUCTION WELD COUNTY DEPARTMENT EASEMENT 86 OF PUBLIC WORKS C WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT KALLEN&KELLY MOORE PROJECT: SCALE: WELD COUNTY,COLORADO 11211—ThaTiNTY RC-85 '-7 Y DATE: DRAWN BY: 3/26/2012 JHB SHEET: lof2 EXHIBIT-A NW I/4 S4-T5N-R64W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. NW L4 KALLEN&KELLY MOORE S4-' ' W PARC.#096304200001 RECP.#3705405 HET LOT A/RE-4-499 \\\ OP. Rf ( m 23520 .. . °In/111111N° 3868477 Pages: 4 of 4 08/24/2012 11:00 PM R Fee:$0.00 Steve Moreno, p Clerk and Recorder, WI WI COS W,` ri tirmli l ileitlTi�L7ri WA WI IT I YTiiJTTY m'Y ,I�i i C 1/4 CORNER S4-T5S-R64W PERMANENT FOUND 3 1/4" A.C. CONSTRUCTIONEASE ENT STAMPED PLS #28258 [2078.06 sf./0.05 ac. 2008 IN MON. BOX- �s' 415.00' iii//1/1[L /L/1/1111/JL/11111/JLLIl/1/1a.ZZ1L/1/viii/1L/11.1L/1/J��L/1/� 0 N89'18'39"E 2638.98' C . . 1 H WCRroS -W 1/4 CORNER S4-T5S-R64W WARDLAW FOUND 3 1/4" A.C. CHARLES&AGNES LOT A/RE-2736 STAMPED PLS #22098 ACHZIGER SW I/4 rgg 1989 IN MON. BOX S4-13W—RMW PERMANENT CONSTRUCTION o WELD COUNTY DEPARTMENT EASEMENT 86 OF PUBLIC WORKS 1 WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT KALLEN&KELLY MOORE PROJECT: SCALE: WELD COUNTY,COLORADO N T 1' RC-85 1"fi0' DATE: DRAWN BY: 3/26/2012 MB SHEET: 2 oft MEMORANDUM et G NJ- Y z- TO: Clerk to the Board DATE: September 17, 2012 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Consent Agenda Grant of Permanent Easement for improvements to WCR 60.5 with Kallen R. and Keely A. Moore. Reference: Agreement Doc #2012-1952 Attached is one Grant of Permanent Easement. 1I'FrancleAAsendaLeon-I docx i C - ‘C ‘ -/.17112-//)(1?. ? f'cc` -rvecrded /51O0/07 C- Exh bit L7 GRANT OF PERMANENT EASEMENT (Kallen R. Moore and Keely A. Moore-Weld County) This Grant of Permanent Easement is made by and between Kallen R. Moore and Keely A. Moore, whose address is 26409 Weld County Road 60%, Greeley, Colorado 80631 ("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-:on- exclusive, perpetual easement, for the purpose of constructing and maintaining a roadside ditch.. 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 roadside ditch. 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 and maintenance of said roadside ditch. 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. 3876598 Pages: 1 of 4 09/27/2012 02:18 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII R�i PCtkµah��4.�UFI�Ir �N��4�FliT 1WILL4 HI"111111 Page 1 oft page A/02 /9sa IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowled men et rth below. alien R. M re, weer Ke• y A. orre, Owner STATE OF COLORADO ) )ss. COUNTY OF ) e regoing instrument was acknowledged before me this f( day of �, p 2012, b Kallen R. Moore and Keel A. Moore, Owners Y Y SyHY pli Witness my hand and official seal. __ c� Arc 'I LEON W. Notary Public N`. '• SIEVERS My commission expires: pg —DC,- \ '" : 'mfr The Grantee hereby accepts this easement for the purposes set forth herein on this the .:24/-6,.. day of SC,trr�F✓ , 2012 4 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO ATTEST: , By: Th - 62. a Sean P. Conway, Chair =It SEP L 42 t• x_. Weld County Clerk to the Bo x$61 Visik BY: ti is. I ij' ? Deputy Cler to the Board Page 2 of 2 page 3876598 Pages: 2 of 4 09/27/2012 02:18 PM R Fee:$0.00 95oZ Steve Moreno, Clerk and Recorder, Weld County, CO ao,�._ l viii 1 .6PON A:1191,i#�rwi r rifftinliw fliii BIM EXHIBIT-A NW I/4 S4-T5N-R64W PROPERTY DESCRIPTION PERMANENT CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF RECORDED EXEMPTION NO. 0595-09-02-RE4499 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3438016 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 5.00 FEET OF THE SOUTH 45.00 FEET OF THE WEST 415.00 FEET OF LOT A OF RECORDED EXEMPTION NO. 0595-09-02-RE4499 SAID PARCEL CONTAINS 2,078.06 sf. OR 0.05 ac. 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 3876598 Pages: 3 of 4 09/27/2012 02:18 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO RtriPGII,P +'4ITIM I�l NIL''ILPn4t WItL4hLI4h'IN"1 "Ill PERMANENT CONSTRUCTION iy WELD COUNTY DEPARTMENT EASEMENT 1$61 OF PUBLIC WORKS WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT KALLEN&KELLY MOORE PROJECT'. SCALE: WELD COUNTY,COLORADO `� Op T Y RC-85 DATE: DRAWN BY: 3262012 J1ID SHEET: lof 2 EXHIBIT-A NW 1/4 S4-T5N-R64W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. $' 0 NW U Ti CI CI L4 KALLEN&KELLY MOORE 54-7 R64W PARC.#096304200001 S . RECP.#3705405 -3i am , fH LOT A/RE-4499 40,` 44- Gil; OWE• LLD: R a �cri joir-S! sa oil acv: No m Not 0)CO;`o to f,',ai C 1/4 CORNER MSNl S4-TSS-R64W PERMANENT FOUND 3 1/4" A.C. EASEMENT ASEME STAMPED PLS #28258 2,078.06 sf./0.05 cc. 2008 IN MON. BOX F5' 415.00' /////.C/1LLLL/L/1.G//-1/.UL/1GLL11L./ZZLZ L/1LLLL! 1//////1UL1 LL/1 /1�i� /L/1/,i 3 N89'18'39"E 2638.98' ' ± WCR (.4)5 —W 1/4 CORNER S4-T5S-R64W WARDLAW FOUND 3 1/4" A.C. CHARLES&AGNES LOT A/RE-2736 STAMPED PLS #22098 ACHZIGER '1/4 p3 1989 IN MON. BOX 84-13N-Rta PERMANENT CONSTRUCTION , WELD COUNTY DEPARTMENT EASEMENT ... ...atileee OF PUBLIC WORKS 1) �1 WELD COUNTY ROADS 53 AT 60.5 L/ INTERSECTION IMPROVEMENT PROJECT KALLEN&KELLY MOORE ��//� PROJECT: SCALE: WELD COUNTY,COLORADO V�`G O U N T v -J RC-85 Y DATE: DRAWN BY: 3/26/2012 DRAWN SHEET: 2of2 Hello