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Home My WebLink About20121988.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROADS 60.5 AND 53 AND AUTHORIZE CHAIR TO SIGN - FREDERICK FRITZLER 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 County Roads 60.5 and 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 Frederick Fritzler, 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 County Roads 60.5 and 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 Frederick Fritzler 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 30th day of July, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean P. nway, Chair Weld County Clerk to the Board �J�J , 4 Yl William F. rcia, Pr Tem BY iDeputy Cler othe Board r i L /1 �i o!i/L rbara Kirkmeyg'r I \` � . / 4 � AP r e' ED RM.� ^ •v ; XCUSED '� l&sV avid E. Lon. County Attorney �, _`� _ , �_ � V M-Cr �ougl. Radema. er Date of signature: a P W a E 2012-1988 g- �� MEMORANDUM VW �' G O u N T Y TO: Clerk to the Board DATE: July 24, 2012 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement For Conveyance of Easement with Frederick Fritzler for Improvements to WCR 60.5 and WCR 53. Attached is one original agreement. M''FrancieAAgendaLeon docx AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 6012 and 53 BETWEEN FREDERICK FRITZLER AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this,, lay of_ , 2012, by and between Frederick Fritzler, whose address is 26347 Weld County Road 60'1, Gyeeley, 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 "Basement", 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 "Basement" 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. 4. The parties hereby agree that neither has made or authorized any agreement with Page1of3 3864738 Pages: 1 of 5 08/08/2012 11:37 RBI R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■III h? i PV',GsMIlili lit WI,riq 0,7e49 _/9/d' 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 agrees to reimburse the Owner the sum of Six Hundred and no/100 ($600.00) dollars for three mature bushes that will be removed during construction. 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 written. Frederick Frit er, ner 08/e8712e72 Pae : 2 of g Steve Moreno,11'37 AM Re F 1I III Page 2 of 3 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO ATTEST: BY: Sean P. Conway, Chair Weld County Clerk to the Bo. � /La JUL 3 0 BY: ✓ ••�y Deputy Clerk to the Bo.�i Aj 3864738 Pages: 3 of 5 08/08/2012 11:37 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO lIII PAY ',c i i#I�If�:I NCI II III Page 3 of 3 EXHIBIT-A NW 1/4 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 B OF RECORDED EXEMPTION NO. 0963-04-2-RE568 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 979 RECEPTION NO. 1905901 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 5.00 FEET IN WIDTH AND 194.97 FEET MORE OR LESS IN LENGTH AND WHOSE NORTH LINE IS 45.00 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER. SAID PARCEL CONTAINS 974.84 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 \\0011111 if/O �9cn t 23520 g S 23-1 NAL LAS ///lmullnl�r 3864738 Pages: 4 of 5 08/08/2012 11:37 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IIIII I3/411. WELD COUNTY DEPARTMENT PERMANENT CONSTRUCTION �'� 1 ,,,86�F OF PUBLIC WORKS EASEMENT WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT FREDERICK FRITZLER �r PROJECT: SCALE: WELD COUNTY,COLORADO 1y ,G OU N T Y RC-85 DATE: DRAWN BY: 3/26/2012 IHB SHEET: loft EXHIBIT-A NW II4 S4-T5N-R64W 7W 1/4 54--7 864W rR3 r93 KALLEN &KELLY MOORE LOT A/RE-4499 FREDERICK FRITZLER PARC.#096304000070 RECP.#3544306 LOT B/RE-568 RODGER&BETH SHORT LOT A/RE-568 \\\�\00 RfG/ ��/v‘skiL� t PERMANENT p; CONSTRUCTION U : _ EASEMENT • 23520 : = 974.84 sf. 41/2(41.14 rfra\,\\\`\ �MitHl 111111A'\. 5' 194.97'± — — — } Q • o N89_18'39"E 2638.98'WCR (01.5 U F- m maw 9 _ _ _ _ mss, co W 1/4 CORNER _ C 1/4 CORNER oLL o S4—T5S—R64W S4-T5S-R64W FOUND 3 1/4" A.C. FOUND 3 1/4" A.C. STAMPED PLS #22098 STAMPED PLS #28258 daq 1989 IN MON. BOX 2008 IN MON. BOX mnI! CIIARLES&AGNES 0-"I a'- ACIIZIGER SIV 1/4 CO O NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT S4-7 -RaW a w a A MONUMENTED LAND SURVEY OR LAND SURVEY lOm'a-_ PLAT. IT IS INTENDED TO ILLUSTRATE THE Mm�� ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT CONSTRUCTION V� WELD COUNTY DEPARTMENT EASEMENT X861 OF PUBLIC WORKS 1 WELD COUNTY ROADS 53 AT 60.5 "- INTERSECTION IMPROVEMENT PROJECT FREDERICK FRITZLER / I PROJECT: SCALE: WELD COUNTY,COLOaADO V RC-85 U �I T Y DATE: DRAWN BY: II 3/26/2012 JHB SHEET: 2 of 2 MEMORANDUM pu N T Y 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 Frederick Fritzler. Reference: Agreement Doc #2012-1988 Attached is one Grant of Permanent Easement. M:Nrande\AyendaLenn-1 dccx a0vV tk d4 CI Pup app 198s) g —au im pa)-ree zed '/MM 667,06104 Fxh%b;f S GRANT OF PERMANENT EASEMENT (Frederick Fritzler-Weld County) This Grant of Permanent Easement is made by and between Frederick Fritzler, whose address is 26347 Weld County Road 60%3, 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 non- 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. Page I of 2 page 3876596 Pages: 1 of 4 09/27/2012 02:18 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO ■IIInPP4Alr4'II ii Waft, FRIO+:IH l 11111 ,,?oia-t 88 IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. ederick Fritzler, O er STATE OF COLORADO ) )ss. COUNTY OF (f)J2/10 ) The for going instrument was acknowledged before me this aday of rind S , r' F ter Owner Witness my h d and offtkgraticS State of Colorado Notary Public My commission expires: My Commission Expires May 5, 2015 The Grantee hereby accepts this easement for the purposes set forth herein on this the dytk day of Zytp,,nbr,— , 2012 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO ATTEST: By: 611) Sean P. Conway, Chair 1,0e"a7.4'-0' 1Ld a SEP 2 4 2012 Weld County Clerk to the Bo BY:S/d ° 1 Deputy Clerk% the Board Al Page 2 of 2 page 3876596 Pages: 2 of 4 09/27/2012 02:18 PM R Fee:$0.00 go/.2- 19 ST Steve Moreno. Clerk and Recorder, Weld County, CO nth iPGthW,�I�Y��1 ��h�6�� Y4r�4�LI�JitIN' IIti • EXI-IIBIT-A NW 1/4 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 B OF RECORDED EXEMPTION NO. 0963-04-2-RE568 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 979 RECEPTION NO. 1905901 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 5.00 FEET IN WIDTH AND 194.97 FEET MORE OR LESS IN LENGTH AND WHOSE NORTH LINE IS 45.00 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST ONE—QUARTER. SAID PARCEL CONTAINS 974.84 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 \\\ 001111. N 23520 • ,,,/1 A LP P• II1t 3876596 Pages: 3 of 4 09/27/2012 02:18 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder., Weld County, CO olliWELD COUNTY DEPARTMENT PERMANENT CONSTRUCTION OF PUBLIC WORKS EASEMENT WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT FREDERICK FRITZLER PROJECT: SCALE: WELD COUNTY,COLORADO N T Y RC-85 G �U DATE: DRAWN BY: • 3/26/2012 JHB SHEET: 1of 2 EXHIBIT-A NW 1/4 S4-T5N-R64W F1W 1/4 54-7W-R64W MI s3 ffi KALLEN&KELLY MOORE nt LOT A/RE-4499 0 FREDERICK o— FRITZLER r PARC.#096304000070 ec- RECP.#3544306 LOT B/RE-568 m9 V mm 3 r RODGER&BETI I � � SHORT m O v�� LOT A/RE-568 �P\\\\\��I ICI I IGI///// /` v u-ce p_ #... . \ tie l (�,F�= PERMANENT 10. �74 _ CONSTRUCTION m ); EASEMENT 23520 974.84 sf.fil S' NU} i Noa i �.. \C' a)m a a O> pVgL LPTA ,,\``� co r 5 Hilt'' mm 5' rlmn■ 194.97'± >- Q I N8918'39"E 2638.98' Li_ Wcl' (I11005 O E ---W CORNER C 1/4 CORNER -T5 4W 54-T5S-R64W SOS 1 PLS A.C. FOUND 3 1/4" A.C. FOUND 3 D STAMPED PLS #28258 STAMPED PLS #22098 2008 IN MON. BOX 1989 IN MON. BOX CI LARLES&AGNES ACI IZIGER SW 1/4 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT 54-7 -R64W A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT CONSTRUCTION WELD COUNTY DEPARTMENT . 1861 OF PUBLIC WORKS EASEMENT I s----�� — \ 1 i ti tin r ,� \ WELD COUNTY ROADS 53 AT 60.5 1 "�= --`I INTERSECTION IMPROVEMENT PROJECT FREDERICK FRITZLER h' U 4; ; / PROJECT: SCALE: WELD COUNTY,COLORADO -� RC-85 C O O N T Y DATE: DRAWN BY: 3/26/2012 JHB SHEET: 2 of 2 Hello