HomeMy WebLinkAbout20091805.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 74 AND AUTHORIZE CHAIR TO SIGN ANY
NECESSARY DOCUMENTS - THE NEW CACHE LA POUDRE IRRIGATING COMPANY
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 Road 74, 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 The New Cache La Poudre Irrigating Company, P.O. Box 104,
Lucerne, Colorado 80646, commencing upon full execution, 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 Road 74, 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 The
New Cache La Poudre Irrigating Company, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any necessary documents.
2009-1805
EG0060
(I(- ' , /t/'l'L CIc c l
AGREEMENT FOR CONVEYANCE OF EASEMENT FOR IMPROVEMENTS TO CR 74 - THE
NEW CACHE LA POUDRE IRRIGATION COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of August, A.D., 2009.
ATTEST:
Weld ounty Clerk to the Boa
Dep -t Clerk
APPROVE,D AS T
my Attorney
Date of signature: '-
BOARD OFUNTY COMMISSIONERS
Y,�
b r Kirkmeyer
David E. Long
2009-1805
EG0060
MEMORANDUM
Wilk
COLORADO
TO: Clerk to the Board DATE: July 27, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Agreement for Conveyance of Easement Concerning Improvements to WCR 74 and Grant of
Permanent Easement with New Cache La Poudre Irrigating Company
Enclosures
M imncie Agend-Leon doc
2009-1805
586
AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY
ROAD 74 BETWEEN THE NEW CACHE LA POUDRE IRRIGATING COMPANY AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made and entered into this,,Vit day of cyvL , 2009, by and
between The New Cache La Poudre Irrigating Company, whose address is PO 104,
Lucerne, Colorado 80646, 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 915 10111 Street, Greeley, Colorado 80631, hereinafter referred
to as "County."
WfI'NESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 74,
and
WHEREAS, Owner owns property described in the attached Exhibit "A", hereinafter
referred to collectively as "Easement", and
WI IEREAS, 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. This
consideration is being offered in lieu of condemnation.
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 agrees to pay the costs of title insurance and recording fees, if necessary as
determined by County.
4. The parties hereby agree that neither has made or authorized any agreement with
Page I oft
11111111111111111 IIII 11111111111111111 III IIIII IIII IIII
3644586 08/24/2009 02:18P Weld County, CO
1 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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. It is understood that County will remove the existing fence in the easement area
during construction and will reinstall the fence when completed. It is further
understood that the disturbed areas will be reseeded upon completion of the
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.
OWNER:
THE NEW CACHE LA POUDRE
IRRIGATING COMPANY
burg, Presi?rnt
ATTEST:
Weld County Clerk to the B
BY: /I�G``1LJWL
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
BY:
cm,
Chairman
Clerk to 'fhe l oard ''R✓ William F. Chairman
AUG 032009
Page 2 of 2
111111 IIIII 1111111111 11111 111111 111111 111 111111111 IIII
3644586 08/24/2009 02:18P Weld County, CO
2 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
LY % -/ S CS
EXHIBIT -A
NW I/4 S4-T6N-R63W
LEON W. SIEVERS
PLS 23520
PROPERTY DESCRIPTION
PERMANENT CONSTRUCTION EASEMENT (EASE)
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP 6 NORTH,
RANGE 63 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. 3041785 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP
6 NORTH, RANGE 63 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH
LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 4 AS BEARING NORTH 89'21'20" EAST A
DISTANCE OF 2668.27 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 4 ALSO DESCRIBED AS
SHOWN;
THENCE NORTH 89'21'20" EAST ALONG THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID
SECTION 4 A DISTANCE OF 1090.95 FEET;
THENCE DEPARTING SAID NORTH LINE SOUTH 00'38'40" EAST A DISTANCE OF 30.00 FEET TO A POINT
ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 ALSO BEING THE POINT
OF BEGINNING:
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 89'21'20" EAST A DISTANCE OF 25.00 FEET;
THENCE SOUTH 00'38'40" EAST A DISTANCE OF 70.00 FEET;
THENCE SOUTH 89'21'20" WEST A DISTANCE OF 25.00 FEET;
THENCE NORTH 00'38'40" WEST A DISTANCE OF 70.00 FEET TO A POINT ON THE EXISTING SOUTHERLY
RIGHT—OF—WAY LINE OF WELD COUNTY ROAD 74 ALSO BEING THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,750.0 sf. OR 0.040 ac. MORE OR LESS.
PERMANENT CONSTRUCTION EASEMENT (WEST)
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP 6 NORTH,
RANGE 63 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. 3041785 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP
6 NORTH, RANGE 63 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH
LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 4 AS BEARING NORTH 89'21'20" EAST A
DISTANCE OF 2668.27 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 4 ALSO DESCRIBED AS
SHOWN;
THENCE NORTH 89'21'20" EAST ALONG THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID
SECTION 4 A DISTANCE OF 61.80 FEET;
THENCE DEPARTING SAID NORTH LINE SOUTH 00'38'40" EAST A DISTANCE OF 30.00 FEET TO A POINT
ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 ALSO BEING THE POINT
OF BEGINNING'
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 89'21'20" EAST A DISTANCE OF 90.00 FEET;
THENCE SOUTH 00'38'40" EAST A DISTANCE OF 60.00 FEET;
THENCE SOUTH 89'21'20" WEST A DISTANCE OF 90.00 FEET;
THENCE NORTH 00'38'40" WEST A DISTANCE OF 60.00 FEET TO A POINT ON THE EXISTING SOUTHERLY
RIGHT—OF—WAY LINE OF WELD COUNTY ROAD 74 ALSO BEING THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 5,400.0 sf. OR 0.124 ac. MORE OR LESS.
THE ABOVE DESCRIPTION(s) WERE PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND
SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BA ED ON INFORMATION OBTAINED BY AN
ACTUAL FIELD SURVEY. �))
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23520O or
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PERMANENT CONSTRUCTION
EASEMENT
NEW CACI IE LA POUDRE
IRRIGATION CO.
WELD COUNTY, COLORADO
‘ert
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
PROJE
WELD COUNTY ROAD 74 PROJECT
FROM WCR 61 TO HWY 392
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DATE: JUNE 29, 2009
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FOUND #6 REB. WITH
2 1/2" ALUM. CAP
STAMPED ALLES
LS#9644 2003
,�\U11I I III I///0
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23520 NLc Oci
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EXISTING 60.00'4 --
RIGHT—OF—WAY I
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cc; LIVESTOCK
P.O.C.
NW CORNER
S4- T6N - R63W
FOUND #6 REB. WITH
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STAMPED POWERS
LS#17500 1995
WCR 65
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LTD -
PERMANENT CONSTRUCTION
EASEMENT
NEW CACTIE LA POUDRE
IRRIGATION CO.
WELD COUNTY, COLORADO
1M7.I ER
E IRC fi 07990410X08
1
V
25' x 70'
PERMANENT
CONSTRUCTION
EASEMENT (EAST)
1,750 SQ.FT.
R
NEW CACHE IA POUDRE
IRRIGATION CO
PARC #0199 0 42 0 0 0 4
LINE TABLE
L1
300'38'40"E
60.00'
L2
N89'21'20"E
90.00'
L3
500'38'40"E
60.00'
L4
589'21'20"W
90.00'
L5
N00'38'40'W
60.00'
L6
500'38'40'E
30.00'
L7
N89'21'20"E
25.00'
LS
500'38'40"E
70.00'
L9
589'21'20"W
25.00'
L10
NO0'38'40"W
70.00'
90' x 60'
PERMANENT
CONSTRUCTION
EASEMENT (WEST)
5,400 SQ.FT.
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.
NEW CACHE LA POUDRE
IRRIGATION CO.
PARC 110799042000W
11`k.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 74 PROJECT
FROM WCR 61 TO HWY 392
PROJECT.
GR-2
SCALE
1"=100'
DATE
JUNE 29, 2009
DRAWN BY: JHB
SHEET: 2 of 2
EXHIBIT B
GRANT OF PERMANENT EASEMENT
(The New Cache La Poudre Irrigating Company - Weld County)
This Grant of Permanent Easement is made by and between The New Cache La Poudre
Irrigating Company, whose address is PO Box 104, Lucerne, Colorado 80646 (collectively
referred to herein 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 915 10th
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 construction of a roadway culvert and
associated grading for a proper drainage way for the culvert.
The location of the easement parcel is described as follows:
See Exhibit "A" Property Description and Map
The Permanent Easement hereby conveyed is for the construction, operation and
maintenance of a roadway culvert and associated drainage way. 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 and drainage
way. 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 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 WIIEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
OWNER:
TI IE NEW CACHE LA POUDRE
IRRIGATING COMPANY
M
1111111 11111 111111 111111111 111111111111111 11111 i 111
3644586 08/24/2009 02:18P Weld County, CO
5 of 8 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
dcri - / JDOS
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
TT e foregoing instrument was acknowledged before me this 211- day of
lvL� , 2009, by Mike Hungenbnrg, President of The New Cache La Poudre
Irrigating ompany.
Pp,a. Pea,„'"/*, /c
Witness my hand and e'{tlal
My commission expires- L. • '�9/1
FG_,O•or
Notary Public
The Grantee hereby accepts this easement for the purposes set forth herein on this the
day of fiuga5t , 2009
ATTEST:
-e F
COUNTY OF WELD, STATE OF
COLORADO, GRANTEE
William F. Garcia, Chairman, Board of
County Commissioners of Weld County,
Colorado
Page 2 of 2 page
111111111111111111Mint FIR 111111III111111111IIII
:18P Weld Cunty, CO
66of58 R 0.00/2010.00 9 2Steve MorenooClerk & Recorder
AUG 0 3 [009
7cc2-/(f)O5
EXHIBIT -A
NW 1/4 S4-T6N-R63W
PROPERTY DESCRIPTION
PERMANENT CONSTRUCTION EASEMENT (EAST)
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP 6 NORTH,
RANGE 63 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. 3041785 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP
6 NORTH, RANGE 63 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH
LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 4 AS BEARING NORTH 89'21'20" EAST A
DISTANCE OF 2668.27 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 4 ALSO DESCRIBED AS
SHOWN;
THENCE NORTH 89'21'20" EAST ALONG THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID
SECTION 4 A DISTANCE OF 1090.95 FEET;
THENCE DEPARTING SAID NORTH LINE SOUTH 00'38'40" EAST A DISTANCE OF 30.00 FEET TO A POINT
ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 ALSO BEING THE POINT
OF BEGINNING;
THENCE
THENCE
THENCE
ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 89'21'20" EAST A DISTANCE OF 25.00 FEET;
SOUTH 00'38'40" EAST A DISTANCE OF 70.00 FEET;
SOUTH 89'21'20" WEST A DISTANCE OF 25.00 FEET;
THENCE NORTH 00'38'40" WEST A DISTANCE OF 70.00 FEET TO A POINT ON THE EXISTING SOUTHERLY
RIGHT—OF—WAY LINE OF WELD COUNTY ROAD 74 ALSO BEING THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,750.0 sf. OR 0.040 ac. MORE OR LESS.
PERMANENT CONSTRUCTION EASEMENT (WEST)
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP 6 NORTH,
RANGE 63 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. 3041785 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP
6 NORTH, RANGE 63 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH
LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 4 AS BEARING NORTH 89'21'20" EAST A
DISTANCE OF 2668.27 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 4 ALSO DESCRIBED AS
SHOWN;
THENCE NORTH 89'21'20" EAST ALONG THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID
SECTION 4 A DISTANCE OF 61.80 FEET;
THENCE DEPARTING SAID NORTH LINE SOUTH 00'38'40" EAST A DISTANCE OF 30.00 FEET TO A POINT
ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 ALSO BEING THE POINT
OF BEGINNING'
THENCE
THENCE
THENCE
ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 89'21'20" EAST A DISTANCE OF 90.00 FEET;
SOUTH 00'38'40" EAST A DISTANCE OF 60.00 FEET;
SOUTH 89'21'20" WEST A DISTANCE OF 90.00 FEET;
THENCE NORTH 00'38'40" WEST A DISTANCE OF 60.00 FEET TO A POINT ON THE EXISTING SOUTHERLY
RIGHT—OF—WAY LINE OF WELD COUNTY ROAD 74 ALSO BEING THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 5,400.0 sf. OR 0.124 cc. MORE OR LESS
THE ABOVE DESCRIPTION(s) WERE PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND
SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BA ED ON INFORMATION OBTAINED BY AN
ACTUAL FIELD SURVEY. ����AIllllli lllry�
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LEON W. SIEVERS
PLS 23520
PERMANENT CONSTRUCTION
EASEMENT
NEW CACHE LA POUDRE
IRRIGATION CO.
WELD COUNTY, COLORADO
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DEPARTMENT
WELD COUNTY ROAD 74 PROJECT
FROM WCR 61 TO HWY 392
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DATE. JUNE 29, 2009
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25' x 70'
PERMANENT
CONSTRUCTION
EASEMENT (EAST)
1,750 SQ.FT.
NEW CACHE LA POUDRE
IRRIGATION CO.
PARC #079904200004
LINE TABLE
L1
500'38'40"E
60.00'
L2
N89'21'20"E
90.00'
L3
500'38'40"E
60.00'
L4
589'21'20"W
90.00'
L5
NO0'38'40"W
60.00'
L6
SO0'38'40"E
30.00'
L7
N89'21'20"E
25.00'
L8
SO0'38'40"E
70.00'
L9
589'21'20"W
25.00'
L10
NO0'38'40"W
70.00'
A
90' x 60'
PERMANENT
CONSTRUCTION
EASEMENT (WEST)
5,400 SQ.FT.
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.
NEW CACHE IA POUDRE
IRRIGATION CO.
PARC #079944200704
PERMANENT CONSTRUCTION
EASEMENT
NEW CACHE LA POUDRE
IRRIGATION CO.
WELD COUNTY, COLORADO
WI`Dc.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 74 PROJECT
FROM WCR 61 TO HWY 392
PROJECT'.
G R-2
SCALE:
1"=100'
DATE JUNE 29, 2009
DRAWN BY: JHB
SHEET: 2 of 2
Hello