HomeMy WebLinkAbout20090373.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN
IMPROVEMENTS TO LAMB AVENUE AND AUTHORIZE CHAIR TO SIGN ANY
NECESSARY DOCUMENTS - M.K. MATHEWS
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 Lamb Avenue, 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 M.K. Mathews, 15075 Higgins Avenue, Fort Lupton, Colorado
80621, 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
Lamb Avenue, 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 M.K.
Mathews be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
Co Pte, Pt_1 M
2009-0373
EG0060
0.342-4(Qcit
AGREEMENT FOR CONVEYANCE OF EASEMENT FOR IMPROVEMENTS TO LAMB
AVENUE - M.K. MATTHEWS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of February, A.D., 2009.
We*Gounty Clerk to the B
\•
BYL _
Depaty Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature.
2Ia21N9
BOARD OF COU TY COMMISSIONERS
ELD UCOLORADO
Sea
P. Conway
bara Kirkmeyer rr
David E. Long
2009-0373
EG0060
iik
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: February 3, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Agreement for Conveyance of Easement to Lamb Avenue with M. K. Mathews.
One original of each is attached.
Enclosures
M:\Francie\Agend-l.eon.doc
.1.J
2009-0373
406
AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO LAMB AVENUE
BETWEEN M. K. MATHEWS AND WELD COUNTY, COLORADO
THIS AGREEMENT is made and entered into this at day of Oat , 2009, by and
between M. K. Mathews, whose address is 15075 Higgins Avenue, Fort Lupton, Colorado
80621, 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 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to install a storm sewer system in Lamb Avenue,
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 storm sewer project,
and
WHEREAS, Owner wishes to cooperate with County in said storm sewer project.
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 Fifteen Hundred and no/100 ($-1-500.00)
dollars. This consideration is being offered in lieu of condemnation.'; z
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
respect to the subject matter of this instrument other than expressly set forth
Page 1 of 2 Pages
111111 11111111111 II1I 1111111 IIII 111111 III 11111 II11 III!
3611406 03/18/2009 02:25P Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
)?6c,`,'_ 0373
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 Fifteen Hundred and no/100
($1500.00) dollars for the cost of producing a Recorded Exemption Plat. Said plat
will show the recording information of the Permanent Drainage Easement.
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.
M. K. Mathews, Owner
ATTEST:
Weld County Clerk to the B
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
BY: H,
Page 2 of 2 Pages
1 111111 11111 111111 IIII II1111111II 111111 III 11111 IIII IIII
3611406 03/18/2009 02:25P Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
William F. Garcia, Chairman
FEB 0C 2009
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EXHIBIT B
GRANT OF PERMANENT EASEMENT
(M. K. Mathews -Weld County)
This Grant of Permanent Easement is made by and between M. K. Mathews, whose
address is 15075 Higgins Avenue, Fort Lupton, Colorado 80621 ("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 of Fifteen Hundred and no/100 ($1500.00) dollars,
the receipt and sufficiency of which are hereby acknowledged, Owner hereby grants, sells,
assigns, conveys and quit claims to County a 20.00 foot wide non-exclusive, perpetual easement,
for the purpose of construction and maintenance of a storm sewer system.
The location of the easement parcel is described as follows:
See "Easement Exhibit A"
The Permanent Easement hereby conveyed is for the construction, operation and
maintenance of said storm sewer system. 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 storm sewer system. This conveyance shall be deemed to include a
50.00 foot wide Temporary Construction Easement, centered on the 20.00 foot wide permanent
easement for the construction thereof including rights of entry upon, passage over, deposit of
excavated earth and storage of material and equipment on said Temporary Construction
Easement as may be necessary or useful for the construction, maintenance, cleaning out and
repair of said storm sewer system. The Temporary Construction Easement shall expire and be of
no further use upon completion of the construction of said storm sewer system. All areas
disturbed shall be put back and seeded to a degree comparable to its original condition.
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
1IIIIII11111111111111111111111111111111III 1111111111111
3611406
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
M. K. Mathews, Owner
STATE OF COLORADO
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2009, by M. K. Mathews, Owner
Witness my hand and official seal.
My commission expires:
ACCEPTANCE
Notary Public
The Grantee hereby accepts this easement for the purposes set forth herein on this the
day of , 2009
COUNTY OF WELD, STATE OF
ATTEST: COLORADO, GRANTEE
Deputy Clerk to the Board
111111 11111 111111 IIII 1111111 IIII 111111 III 11111 1 1 I1ll
3611406 03/18/2009 02:25P Weld County, CO
5 of 5 R 0.00 0 0.00 Steve Moreno Clerk 8 Recorder
William F. Garcia, Chairman, Board of
County Commissioners of Weld County,
Colorado
Page 2 of 2 page
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WIDc.
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: March 13, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Consent Agenda Item
Exhibit B for Grant of Permanent Easement with M. K. Mathews in the amount of $1,500.
Enclosures
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EXHIBIT B
GRANT OF PERMANENT EASEMENT
(M. K. Mathews -Weld County)
This Grant of Permanent Easement is made by and between M. K. Mathews, whose
address is 15075 Higgins Avenue, Fort Lupton, Colorado 80621 ("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 10`h Street, Greeley, Colorado 80631 ("County").
For good and valuable consideration of Fifteen Hundred and no/100 ($1500.00) dollars,
the receipt and sufficiency of which are hereby acknowledged, Owner hereby grants, sells,
assigns, conveys and quit claims to County a 20.00 foot wide non-exclusive, perpetual easement,
for the purpose of construction and maintenance of a storm sewer system.
The location of the easement parcel is described as follows:
See "Easement Exhibit A"
The Permanent Easement hereby conveyed is for the construction, operation and
maintenance of said storm sewer system. 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 storm sewer system. This conveyance shall be deemed to include a
50.00 foot wide Temporary Construction Easement, centered on the 20.00 foot wide permanent
easement for the construction thereof including rights of entry upon, passage over, deposit of
excavated earth and storage of material and equipment on said Temporary Construction
Easement as may be necessary or useful for the construction, maintenance, cleaning out and
repair of said storm sewer system. The Temporary Construction Easement shall expire and be of
no further use upon completion of the construction of said storm sewer system. All areas
disturbed shall be put back and seeded to a degree comparable to its original condition.
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
111111 11111 111111 IIII 1111 1111111 111111III11111IIII IIII
3611633 03/19/2009 11:17A Weld County, CO
1 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
M. K. Mathews, Owner
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this L/" day of
AA A- wc,+& , 2009, by M. K. Mathews, Owner
Witness my hand and official seal.
Notary Public
My commission expires:
O8-O(s-Oq
ACCEPTANCE
LEON W SIEVERS °s
o NOTARY PUBLIC $
STATE OF COLORADO
ie
The Grantee hereby accepts this easement for the purposes set forth herein on this the /3 —
day of /'j1lc4J1L , 2009
ATTEST:
Deputy Cler to the B
COUNTY OF WELD, STATE OF
COLORADO, GRAJITEE
William F. Garcia, Chairman, Board of
County Commissioners of Weld County,
Colorado
Page 2 of 2 page
MAR 1 8 2009
1111111III 111111Milli 1111111 111111 III 11111 1111 1111
3611633 03/19/2009 11:17A Weld County, CO
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Q&ooI- 937
EXHIBIT - A
PERMANENT EASEMENT
A PARCEL OF LAND LOCATED IN LOT B OF RECORDED EXEMPTION No. 1309-27-3 RE -3584,
FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE ON SEPTEMBER 19, 2003, UNDER
RECEPTION #3108233, AND LOCATED IN THE SOUTHWEST ONE QUARTER OF SECTION 27,
TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 27 TOWNSHIP 2 NORTH RANGE 66 WEST
AND BEING A 2 1/2" ALUMINUM CAP IN A RANGE BOX LS13482, AND IS BASED ON A GRID
BEARING OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 27 AS
BEARING NORTH 0'47'39" WEST A DISTANCE OF 2647.71' TO THE WEST ONE QUARTER CORNER
OF SAID SECTION 27 AND BEING A 3 1/4" ALUMINUM CAP IN A RANGE BOX LS22098. WITH
ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE TO.
THENCE NORTH 0'47'39" WEST ALONG SAID WEST LINE A DISTANCE OF 1963.00 FEET; THENCE
NORTH 89'12'38" EAST TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD
31, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING.
THENCE NORTH 0'47'39" WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 29.57
FEET; THENCE SOUTH 43'21'09" EAST TO A POINT ON THE EASTERLY LINE OF LOT B OF
RECORDED EXEMPTION #3584, A DISTANCE OF 637.25 FEET; THENCE SOUTH 16'02'41" WEST
ALONG THE EASTERLY LINE OF SAID LOT B, A DISTANCE OF 19.40'; TO A HALF INCH REBAR
WITH AN ILLEGIBLE YELLOW CAP, SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT B;
THENCE SOUTH 89'15'51" WEST ALONG THE SOUTHERLY LINE OF SAID LOT B, A DISTANCE OF
4.49 FEET; THENCE NORTH 43'21'09" WEST A DISTANCE OF 622.31 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 12637 sq.ft. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND
FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM SAID RECORDED
EXEMPTION #3584 AND ACTUAL FIELD SURVEY.
FOR AND BEHALF OF WELD COUNTY COLORADO
LEON W. SIEVERS PLS 23520
1 111111 11111 111111 IIII IIII 1111111 111111 111 11111 IIII IIII
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WE�Yc.
COLORADO
WELD COUNTY
PUBLIC WORKS DEPARTMENT
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MARTY K. MATHEWS
PERMANENT CONSTRUCTION EASEMENT
OWNER: MARTY K. MATHEWS
EXHIBIT
DRAWN: DRH
DATE: 3/11/09
SCALE: 1"=200'
SHEET
1 OF 2
PERMANENT EASEMENT
SOUTHWEST QUARTER SECTION 27, - TOWNSHIP 2 NORTH - RANGE 66 WEST
WEST QUARTER CORNER
527—T2N—R66W
FOUND 3 1/4" AL. CAP
IN RANGE BOX LS22098
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POINT OF COMMENCEMENT
SOUTHWEST CORNER
S27-T2N-R66W
FOUND 2 1/2" AL CAP
IN RANGE BOX LS13482
MARTYK. MATHEWS
LOT -B OF RECORDED EXEMPTION #3584
RECEPTION #3108233
PERMANENT EASEMENT
12,637 sq.ft.±
AREA FROM THE
NORTHEASTERLY EASON:NT LINE
109.1052 35047 ACRES
LINE TABLE
L1 N89'12'38"E
L2 N00'47'39"W
L3 S16'02'41"W
L4 S89'15'51"W
30.00'
29.57'
19.40'
4.49'
L4 FOUND 1/2" REBAR
WITH ILLEGIBLE
YELLOW CAP
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL
DESCRIPTION ONLY.
WELD COUNTY
PUBLIC WORKS DEPARTMENT
200
100
0
200
SCALE: 1"=200'
MARTY K. MATHEWS
PERMANENT CONSTRUCTION EASEMENT
OWNER: MARTY K. MATHEWS
EXHIBIT MAP
DRAWN: DRH
DATE: 3/11/09
SCALE: 1"=200'
SHEET
20E2
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