HomeMy WebLinkAbout20122234.tiff RESOLUTION
RE : APPROVE AGREEMENT CONCERNING CONVEYANCE OF EASEMENT FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 390 AND AUTHORIZE CHAIR TO
SIGN ALL NECESSARY DOCUMENTS - BARBARA DUGGAN
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 Concerning the
Conveyance of an Easement for Certain Improvements to County Road 390 , 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 Barbara Duggan , 67466 County
Road 390 , Hereford , Colorado 80732 , 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 Concerning the Conveyance of an Easement for
Certain Improvements to County Road 390, 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 Barbara Duggan be , and hereby is , approved .
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is , authorized
to sign said agreement and all necessary documents .
The above and foregoing Resolution was , on motion duly made and seconded , adopted
by the following vote on the 22nd day of August , A. D. , 2012 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. C Chair 11
Weld County Clerk to the Board
Wi is . Gara& Pro-Tem
BY: 9VL
Deputy CI a k to t Boar .�� �� ' ` �� � XCUSED
l ,` �►
AP O FORM ` usi 7Kirkmeyer
t
David E . Long
unty Attorney �����► �,. C , R 4 ip
► ou I9 ademac
Date of signature : 9 - 111 -1
CCU 2012-2234
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EG0066
��, ► ��_ MEMORANDUM
. G O u N T_Y TO: Clerk to the Board DATE: August 17, 2012
FROM: Leon Sievers, Public Works Department
SUBJECT: BOCC Agenda
Agreement For Conveyance of Easement and Grant of Permanent Easement with Barbara Jean
Duggen for Improvements to WCR 390.
Attached is one original agreement.
M:AFranucAAgendaLeon docx
2012-2234
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Agreement for easements on WCR 390 west of Hereford
DEPARTMENT: WELD COUNTY PUBLIC WORKS DEPARTMENT DATE: August 9, 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 easements, both permanent and temporary, for the construction of a roadway culvert under
WCR 390 immediately west of Hereford. Anita Johnson is the landowner on the south side of the road and
Barbara Duggan, her daughter, is the landowner on the north side of the road. We are acquiring 10,000 sq. ft. of
temporary easement and 400 sq. ft. of permanent easement from both landowners.
Since neither easement is large enough in size to produce a value more than our minimum amount, we are
offering the minimum of$300 for the temporary easements and $500 for the permanent easement.
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 each landowner is our minimum amount, the Department recommends accepting the
amounts offered.
Approve Schedule
Recommendation Work Session Comments
Sean P. Conway, Chair 44//
William F. Garcia, Pro-Tem 1,
Barbara Kirkmeyer \ /
David E. Long V
Douglas Rademacher
Attachments: Photo map
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AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY
ROAD 390 BETWEEN BARBARA JEAN DUGGAN AND WELD COUNTY, COLORADO
THIS AGREEMENT is made and entered into this it day of At",,s* , 2012, by and
between Barbara Jean Duggan, whose address is 67466 Weld County Road 190, Hereford,
Colorado 80732, 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 install and maintain a roadway culvert to Weld
County Road 390, 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
Page I of3
3868479 Pages: 1 of 7
08/24/2012 11:00 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO
"Ill d as
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determined by County.
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. Owner will remove the existing right of way fence along Circle Drive from the
detention pond to Weld County Road 390 and County will remove the existing right
of way fence along Weld County Road 390. County will install a new right of way
fence along Circle Drive and will 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 along Weld County
Road 390.
7. When construction is completed, 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 'anon 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.
•
Barbara Jean Duggan, Owner
Page 2 of 3
3868479 Pages: 2 of 7
0 .00
Steve /2012 Moreno,11:00 Clerk R 0k atnd Recorder, Weld County, CO
I'LVICItT? ''Cli4 Hill III III
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
ATTEST: P
Sean P. Conway, ChairTh
'ate`
I� Es La � AUG 222012
Weld County Clerk to the Board
1 R kia
BY: /i./I
D-puty Cler the Board 'c1;lij'J 1
3868479 Pages: 3 of 7
08/24/2012 11:00 RM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III h'��av9i r{igj jp K IAN WI NrJ,reirt ie.IN III III
Page 3 of
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EXHIBIT-A S27-T12N-R62W
PROPERTY DESCRIPTION
PERMANENT CONSTRUCTION EASEMENT
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 12 NORTH,
RANGE 62 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. 3569339 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 27, TOWNSHIP 12 NORTH, RANGE 62 WEST A
3 1/4" ALUMINUM CAP STAMPED LS 22098 2000 IN A RANGE BOX AND IS BASED ON A GRID BEARING
OF THE SOUTH LINE OF SAID SECTION 27 AS BEARING SOUTH 88'56'30" WEST A DISTANCE OF 2630.13
FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 27 A 3 1/4" ALUMINUM CAP STAMPED
PLS11399 2004 IN A RANGE BOX;
THENCE SOUTH 88'56'30" WEST ALONG SAID SOUTH LINE A DISTANCE OF 2185.04 FEET TO THE WESTERLY
RIGHT-OF-WAY OF WELD COUNTY ROAD 390;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY NORTH 52'30'49" WEST A DISTANCE OF 1527.23 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY NORTH 37'29'11" EAST TO A POINT ON THE EXISTING EASTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 390 A DISTANCE OF 64.87 FEET AND BEING THE POINT OF
BEGINNING.
THENCE NORTH 52'49'59" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 20.00 FEET;
THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 3727'40" EAST A DISTANCE OF 20.00
FEET;
THENCE SOUTH 52'49'59" EAST A DISTANCE OF 20.00 FEET;
THENCE SOUTH 37'27'40" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 400.0 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.
Uvin uu;
LEON W. SIEVERS c�W S/ � '
PLS 23520 may:'
- 23520 i
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/i ;it LAND`'' 3868479 Pages: 4 of 7
/��,NIIIIIIN�t�� 08/24/2012 11:00 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County. CO
VIIIRi��P'Yr�F�'rli'Ii:I }LMint C?.IIIY1H11IIII
PERMANENT CONSTRUCTION a WELD COUN'CY PUBLIC WORKS
EASEMENT DEPARTMENT
SITE: �F♦jY� WELD COUNTY ROAD 390 AT HERFORD
DUGGAN
67466 WCR 390 link
PROJECT: SCALE;
WELD COUNTY COLORADO DATE: DRAWN BY: SHEET:
DEC.27,2011 DRH lof 2
•
EXHIBIT-A S27-T12N-R62W
a1j, BARBARA JEAN LINE TABLE
�y.,,,- DUGGAN U N52'49'59'10/ 20.00'
\ y �•�"yi'1 L2 N3T27'40"E 20.00'
\ PARC. #4127000019
\ RECP. #3569339 L3 S52'49'59"W 20.00'
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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.
PERMANENT CONSTRUCTION \ WELD COUNTY PUBLIC WORKS
EASEMENT # /tt¶f \1 DEPARTMENT
SITE:
lulls
c. WELD COUNTY ROAD 390 AT HERFORD
DUGGAN
67466 WCR 390 PROJECT: SCALE;
1"=50'
WELD COUNTY
I COLORADO DATE: DRAWN BY: SHEET:
DEC.27,2011 DRH 2 of 2
EXI-IIBIT-B S27-T12N-R62W
PROPERTY DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 12 NORTH,
RANGE 62 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. 3569339 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 27, TOWNSHIP 12 NORTH, RANGE 62 WEST A
3 1/4" ALUMINUM CAP STAMPED LS 22098 2000 IN A RANGE BOX AND IS BASED ON A GRID BEARING
OF THE SOUTH LINE OF SAID SECTION 27 AS BEARING SOUTH 88'56'30" WEST A DISTANCE OF 2630.13
FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 27 A 3 1/4" ALUMINUM CAP STAMPED
PLS11399 2004 IN A RANGE BOX;
THENCE SOUTH 88'56'30" WEST ALONG SAID SOUTH LINE A DISTANCE OF 2185.04 FEET TO THE WESTERLY
RIGHT-OF-WAY OF WELD COUNTY ROAD 390;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY NORTH 52'30'49" WEST A DISTANCE OF 1514.23 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY NORTH 37'29.11" EAST TO A POINT ON THE EXISTING EASTERLY
• RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 390 AND THE NORTH WESTERLY CORNER OF HEREFORD
-~ FIRST ADDITION A DISTANCE OF 64.94 FEET AND BEING THE POINT OF BEGINNING.
_w THENCE NORTH 52'49'59" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND LEAVING SAID FIRST
_ar ADDITION A DISTANCE OF 100.00 FEET;
awTHENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 37'27'40" EAST A DISTANCE OF 100.00
FEET;
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THENCE SOUTH 52'49'59" EAST TO A POINT ON THE NORTHWESTERLY LINE OF SAID FIRST ADDITION A
r p ' DISTANCE OF 100.00 FEET;
ov°
ioLL0 THENCE SOUTH 37'27'40" WEST ALONG SAID FIRST ADDITION A DISTANCE OF 100.00 FEET TO THE POINT
Et° OF BEGINNING.
NrF5
Amx SAID PARCEL CONTAINS 10,000.0 sf. MORE OR LESS.
-3 THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN
AND FOR WELD COUNTYnvEls , COLORADO.
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mv.� LEON W. SIEVERS —'N ��
PLS 23520 = 23520 N•
. LANDS
TEMPORARY CONSTRUCTION a ` WELD COUNTY PUBLIC WORKS
EASEMENT DEPARTMENT
SITE: WELD COUNTY ROAD 390 AT HERPORD
DUGGAN
67466 WCR 390 PROJECT: SCALE;
WELD COUNTY COLORADO DATE: DRAWN BY: SHEET:
DEC.27,2011 DRH lof 2
. iEXHIBIT-B S27-T12N-R62W
BARBARA JEAN
DUGGAN
PARC. #4127000019
RECP. #3569339
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HERFORD
ANITA RUTH FIRST ADD.
JOHNSON i P.O.B.
PARC. #4,1.27000011 /N. j
RECP.#2485530 NJ a
,°,I/nrn n,,,.
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.
TEMPORARY CONSTRUCTION - WELD COUNTY PUBLIC WORKS
EASEMENT I// DEPARTMENT
SITE:
WELD COUNTY ROAD 390 AT HERFORD
DUGGAN win�•
67466 WCR 390 O PROJECT: SCALE;
1"=50'
WELD COUNTY COLORADO DATE: DRAWN BY: SHEET:
DEC.27,2011 DRH 2 of 2
EXHIBIT C
GRANT OF PERMANENT EASEMENT
(Barbara Jean Duggan-Weld County)
This Grant of Permanent Easement is made by and between Barbara Jean Duggan, whose
address is 67466 WCR 390, Hereford, Colorado 80732 ("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.
Page I of 2 page
IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
Barbara Jean Duggan, Owner
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 2012, by Barbara Jean Duggan, Owner.
Witness my hand and official seal.
Notary Public
My commission expires:
The Grantee hereby 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:
Sean P. Conway, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
EXHIBIT D
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Barbara Jean Duggan whose address is
67466 Weld County Road 390, Hereford, Colorado 80732, 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 May 15, 2012, 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.
Page 1 of 2 page
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of these
Temporary Construction Easements shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto.
Barbara Jean Duggan, Owner
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 2012, by Barbara Jean Duggan, Owner.
Witness my hand and official seal.
Notary Public
My commission expires:
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
COUNTY OF WELD, STATE OF
COLORADO, GRANTEE
ATTEST: Sean P. Conway, Chair
Weld County Clerk to the Board
By:
Deputy Clerk to the Board
Page 2 of 2 pages
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