The URL can be used to link to this page

Browse Search

Home My WebLink About20122589.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPORVEMENTS TO COUNTY ROADS 60.5 AND 53 AND AUTHORIZE CHAIR TO SIGN - RODGER AND BETH SHORT 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 Rodger and Beth Short, with 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 Rodger and Beth Short 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 24th day of September, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEs Sean P. Con aq-$hair Weld County Clerk to the Y 1aNH �� illiam Garcia, •ro-Te BY: 6, Deputy Clerk to the Boar (.J7 , �� ,llAye /L__ Z' ra Kirkmeyer APPR D AS M: • David E. Long u y orney kIL. 7(ac. ÷9O,, ackr, lG� uglOs Radem cher Date of signature: /o cc. /a 2012-2589 EG0066 , r � � MEMORANDUM TO: Clerk to the Board DATE: September 17, 2012 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for Conveyance of Easement for improvements to WCR 60.5 and WCR 53 with Rodger L. and Beth L. Short. Attached is one original agreement. NI\Francie\AgcndaLcon-I docx 2012-2589 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Agreement for easement on WCR 60% and 53 intersection project DEPARTMENT: WELD COUNTY PUBLIC WORKS DEPARTMENT DATE: September 5, 2012 PERSON REQUESTING: Dave Bauer, Public Works Director, Wayne Howard, County Engineer, Leon Sievers, Right of Way Agent Brief description of the problem/issue: We are acquiring a permanent easement for the construction of the intersection improvements to the WCR 60'/z and 53 project. Rodger and Beth Short are the landowners. We are acquiring 0.03 acres of permanent easement from the landowners. Since the easement is not large enough in size to produce a value more than our minimum amount, we are offering the minimum of$500 for the permanent easement. We are offering to compensate the land owner the sum of $550 for damages which include the removal and replacement of 80 feet of split rail fence and 5 feet of chain link property line fence. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Accept the values listed above and have staff present this to the Board at an upcoming Board meeting or schedule a work session to discuss further. Recommendation to the Board: Since the total amount to the landowners is our minimum amount for the permanent easement and actual cost for the damages, the Department recommends accepting the amounts offered. Approve Schedule Recommendation Work Session Comments Sean P. Conway, Chair William F. Garcia, Pro-Tem IAt Barbara Kirkmeyer David E. Long Douglas Rademacher Attachments: photo map AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 60%2 and 53 BETWEEN RODGER L. SHORT AND BETH L. SHORT AND WELD COUNTY, COLORADO 1.THIS AGREEMENT is made and entered into this ay of ` , 2012, by and between Rodger L. Short and Beth L. Short, whose address is 26333 el County Road 60'/2, 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'/2 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 I of 3 3876600 Pages: 1 of 5 09/27/2012 02:18 PM R Fee:$0.00 i)O� �1 �5"�7(.�' Steve Moreno, Clerk and Recorder. Wald county, CO aO/02 oC VIII lfi'ilithil 1,1O1441 +,50,1. 1�W9��i � III III • 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 agrees to reimburse the Owner the sum of Five Hundred Fifty and no/100 ($550.00) dollars for the Owner to remove the existing split rail fence and to remove the southerly 5 feet of the west property line fence. Owner has the option to replace the split rail fence but it may not be replaced within the easement area 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. Rodger L. Short, Owner Beth,. Sho`k,, Owner 3876600 Pages: 2 of 5 09/27/2012 02:18 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO liiiMPPP 147til4KlA,NWJ KIT 111111 Page 2 of 3 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO ATTEST: BY: P co , Sean P. Conway, Chair �,c�•�,^� SEP 2 4 2012 Weld County Clerk to m e Bob a BY: Deput• 'Ira � av . 1%61 tf •'G:� �` in1NJ � A o 7P;1 - � •• •✓ �_. 3876600 Pages: 3 of 5 09/27/2012 02:18 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell M.PriMiliNACIrE MCC rtri '.lkdIN's !IIII Page 3 of 3 a0/02_625-99 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 A 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 235.18 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 1,175.88 sf. OR 0.03 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 3876600 Pages: 4 of 5 09/27/2012 02:18 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO VIII Rini PGihPuti'I h:l ;If' t J t+f�LEi�f I!tLI�t';IH�I lI III PERMANENT CONSTRUCTION WELT)COUNTY DEPARTMENT EASEMENT 1861 OF PUBLIC WORKS WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT RODGER&BETH SHORT u PROJECT: SCALE: WELD COUNTY,COLORADO IllcouNTy —/ RC-85 I( DATE:3/26/2012 DRAWN BY: JHB SHEET: 1of2 • EXHIBIT-A NW 1/4 S4-T5N-R64W NW 1/4 84— Pa 03 0 0 T FREDERICK o RODGER&BETH SHORT FRITZLER PARC.#096304000069 LOT B/RE-568 ma RECP.#3553806 O RONALD LOT A/RE-568 in w- & PENNY ° ow RAMSEY �"v LOT B/RE-4075 ¢� v a�`o PERMANENT O CONSTRUCTION ^�" EASEMENT o 1,175.88 sf./0.03 cc. N o om" @No to�c ION0 r�> CO012 CO O In 5' 235.18'± r a I N89'18'39"E 2638.98' WCR (r4 5 LL i W 1/4 CORNER C 1/4 CORNER S4-T5S-R64W S4-T55-R64W FOUND 3 1/4" A.C. FOUND 3 1/4" A.C. STAMPED PLS #22098 STAMPED PLS #28258 1989 IN MON. BOX CI-IARLES&AGNES 2008 IN MON. BOX ACHZIGER SW 1/4 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT ? 1/4 A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT CONSTRUCTION WELD COUNTY DEPARTMENT ''EASEMENT N 1$61 OF PUBLIC WORKS WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT RODGER&BETH SHORT PROJECT: SCALE: WELD COUNTY,COLORADO GOUNT r RC-85 1'1=-50' DATE: DRAWN BY: 3/26/2012 MB SHEET: 2of 2 • • it • 41 • • F' RODGER & BETH SHORT ■ 0 .. ■ ~ '' LOT A/RE- 568 -=`' .., ... 147. -.l 03 3 ..r , a „! Di I tic.z fill ille h. iii LOT B/RE-568 k ; . P. 0411 4 • CS) & . •+ f .lig 14 = • • 4.1% '. -a= - - RAMSEY - • It I LOT B/RE-4075 4 I r a r mill . e ; PERMANENT .i s !. ,t EASEMENT t..DiliD 1"" .ML' v w a 1 , 175. 88 at /ti ' . '.* Ai , A OM MI NommnalltINS MO II= : fa I all Oaf c aka . 4 I '� a r `4 L ,/-a am=i Illief Irailaibrei&Noir . . __ . .{hri . • a t . . ' � . .� _ .. - - • - 4 I=el '2a .fin a' t- ••s r+ z ale tilhee ACHZIGER t►r� � MEMORANDUM r , kin G p_u N T TO: Clerk to the Board DATE: November 28, 2012 -�_a FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Consent Agenda RE: Doc #2012-2589 (original agreement) Grant of Permanent Easement with Rodger L. and Beth L. Short on WCR 60.5. M:\Fvancie\A6endal.eon.docx C .J ,)- Egc0(o4o . r GRANT OF' PERMANENT EASEMENT (Rodger L. and Beth L. Short-Weld County) This Grant of Permanent Easement is made by and between Rodger L. Short and Beth L. Short, whose address is 26333 Weld County Road 601/4, 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 1 of 2 page 3893544 Pages: 1 of 4 Stte oe More no.1 Cler1:2k and Recorrder$0 We d County. CO 2* 1Z.-249 ■III INr�P�1 P�,�l�4,l�lM,I +I.Gt D�,I 141,111.1114 Bill IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. 4ctSt Short, Owner e7 L. Short, Owner STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this o fi`day of ,,, j, ,,28'1T by Rodger L. Short and Beth L. Short, Owners .904.23 ..Witn:es my hand and official seal. r , i/Cotdry P 1'c Xosy.3 My commission expires: _25 -�Ois Ml.ct , , , The,Grantee hereby accepts this easement for the purposes set forth herein on this the day of , 2011 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO ATTEST: By: 0 C Sean P. Conway, ChairCS 'Nays y A:nao / �= "' \ DEC 0 3 2012 Weld County Clerk to the Board e,,,, „�+ BY: rr �d kg = Deputy Clerko the Board r 7-:O:‘,",14.... Page 2 oft page 3893544 Pages: 2 of 4 12/05/2012 11:24 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Illi 14 OI ic90/. `,7 EXI-11113IT-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 A 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 235.18 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 1,175.88 sf. OR 0.03 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 � PpG REG/S ;$1k;• •J : _ 23520 •� 'e e—ls— a S4i4NC(�l:' A\ 3893544 Pages: 3 of 4 12/05/2012 11:24 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO 1111 F.6Pr,PilII 'IlN1%A SII litE',Ilia IN`1Bill PERMANENT CONSTRUCTION WELD COUNTY DEPARTMENT EASEMENT X861 OF PUBLIC WORKS ii WELD COUNTY ROADS 53 AT 60.5 f �' INTERSECTION IMPROVEMENT PROTECT RODGER&BETH SHORT ✓��(J PROJECT: SCALE:WELD COUNTY,COLORADO ) G O U N T 1' RC-85 �-Y DATE: DRAWN BY: 3/26/2012 JHB SHEET: loft EYCI-IIBIT-A NW 1/4 S4-T5N-R64W NIVL4 5h7WR64W IREDERICK Q RODGER&BETH SHORT ERI'ILL.LR PARC.#096304000069 LOT B/RE-568 RECP.#3553806 8 RONALD LOT A/RE-568 maw &PENNY ��\\\IOI0IIIIE / RAMSEY �` Q.P. p'`1 G/S LOT 8/RE-4075 \�\\ • ••?,W.l S/ L F//�_/ p (Jill IL 0 �2•m �: 72 PERMANENT a a 23520 CONSTRUCTION o a m S -IS-1-SSE EASEMENT maxi - 2' • ;• 1,175.88 sf./0.03 cc, aNm kf5 tiUZ- 4S��HA( \ 't//lllllllll l\� N 2n p vi �rvr n In w 235.18'± Q N89.18'39"E 2638.98' L` -W 1/4 CORNER C 1/4 CORNER S4-T5S-R64W S4-T5S-R64W FOUND 3 1/4" A.C. FOUND 3 1/4" A.C. STAMPED PLS #22098 STAMPED PLS #28258 1989 IN MON. BOX CHARLES&AGNES 2008 IN MON. BOX ACI[LAGF,R ,4'66'1/4 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT _7J-R6401Y A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIP110N ONLY. PERMANENT CONSTRUCTION WELD COUNTY DEPARTMENT EASEMENT 1861 OF PUBLIC WORKS WELD COUNTY ROADS 53 AT 60.5 q INTERSECTION IMPROVEMENT PROJECT RODGER&BETH SHORT J; PROJECT: SCALE: WELD COUNTY,COLORADO 1•J) 1'—G O U � T y RC-85 `-� DATE: DRAWN BY: 3/26/2012 JHB SHEET: 2of 2 Hello