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Home My WebLink About20091862.tiffRESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 74 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - CORNISH PLAINS LIVESTOCK, LLLP 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 Cornish Plains Livestock, LLLP, 16317 Highway 52, 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 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 Cornish Plains Livestock, LLLP, 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. 2009-1862 EG0060 OP Pte, ft, 4%°G- AGREEMENT FOR CONVEYANCE OF EASEMENT FOR IMPROVEMENTS TO CR 74 - CORNISH PLAINS LIVESTOCK, LLLP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D., 2009. ATTEST: Weld County Clerk to the B BY. De A lXJ the Board Date of signature et I7I6:i BOARD OF COUNTY COMMISSIONERS WE(D COUNTY, COLORADO liam F. Garcia, Chair ouglat Radem her, Pro -Tern EXCUSED Sean P. Conway Zara Kirkmeyer David E. Long 2009-1862 EG0060 tar, COLORADO MEMORANDUM TO: Clerk to the Board DATE: August 3, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item For improvements to WCR 74 with Cornish Plains Livestock LLLP ➢ Agreement for Conveyance of Easement ➢ Grant of Permanent Easement Enclosures M \FrancieAAgend-Leon doc 2009-1862 901 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 74 BETWEEN CORNISH PLAINS LIVESTOCK LLLP AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this j3t"day of cccK, 2009, by and between Cornish Plains Livestock LLLP, whose address is 16317 Highway #52, 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 10`h Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: 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 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 Ilundred 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. Page 1 of 2 1111111111111111111111111111 111111 11111III 1111111111111 3643901 08/20/2009 11 44A Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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. 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 WIIEREOF, the parties have set their hands on the day and year first above written. OWNER: CORNISH PLAINS LIVESTOCK LLLP ATTEST: boa) Weld County Clerk to the B BY: Deputy Clerk t tthe I oard HID 111111111111111Ell DIE 11111III11111IIIIIIII 3643901 08/20/2009 11:44A Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Gordon DBrown,, Agent BOARD OF COUNTY COMMISSIONERS F WELD COUNTY, STATE OF OLORADO ;./ BY: Page 2 of 2 William F. Garcia, Chairman AUG 0 5 2009 EXHIBIT B GRANT OF PERMANENT EASEMENT (Cornish Plains Livestock LLLP - Weld County) This Grant of Permanent Easement is made by and between Cornish Plains Livestock LLLP, whose address is 16317 Highway #52, 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, 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 WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: CORNISH PLANS LIVESTOCK LLLP Cr--1,12-4O-1 Gordon D. Brown, Agent Page I oft page 11111111111111111 IIII 111111 1111III 11111 IIII IIII 3643901 08/20/2009 11:44A Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) )ss. COUNTY OF WELD ) T The foregoing instrument was acknowledged before me this oC 7fh day of .J ht /N , 2009, by Gordon D. Brown, Agent for Cornish Plains Livestock, L J Witness my hand and official seal. My commission expires: 3/; //c20 li (JooC3�D Notary Public The Grantee hereby accepts this easement for the purposes set forth herein on this the 5th day of August , 2009 ATTEST: Deputy Cler o the Boar d y 11111 11111 DUI 1111111111 DIM IIIII III11111IIII IIII 3643901 08/20/2009 11:44A Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder COUNTY OF WELD, STATE OF COLORADO, GRANTEE William F. Garcia, Chairman, Board of County Commissioners of Weld County, Colorado Page 2 of 2 page AUG 0 5 2009 ,;1Cr 2 -/P6 EXHIBIT -A NE I/4 53-TON-R63W PERMANENT CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 3, 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. 2554804 & 2554805 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE -QUARTER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 63 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 3 AS BEARING SOUTH 89'26'34" WEST A DISTANCE OF 2642.94 FEET FROM THE NORTHEAST CORNER OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 3 ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'26'34" EAST ALONG THE NORTH LINE OF SAID NORTHEAST ONE -QUARTER A DISTANCE OF 121.51 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 00'33'26" 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 NORTH THENCE SOUTH THENCE SOUTH 89'26'34" EAST A DISTANCE OF 45.00 FEET; 00'33'26" EAST A DISTANCE OF 35.00 FEET; 89'26'34" WEST A DISTANCE OF 45.00 FEET; THENCE NORTH 00'33'26" WEST A DISTANCE OF 35.00 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 1,575.0 sf. OR 0.036 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 AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON W. SIEVERS PLS 23520 , p,o0 RE.G.!ST ��\ : tJ W S• F 23520 PERMANENT CONSTRUCTION EASEMENT CORNISH PLAINS LIVESTOCK WELD COUNTY, COLORADO 11111111111111111IIII111111111111�LIII III 111111111VIII 3643901 08/20/2009 11:44A Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 74 PROJECT FROM WCR 61 TO HWY 392 PROJECT: C R-2 SCALE 1"=100' DATE JUNE 29, 2009 DRAWN BY: JHB SHEET. Oft EXHIBIT -A NE I/4 53-T6N-R63W EXISTING 60.00' RIGHT-OF-WAY P.O.C. S 1/4 CORNER S34-T7N-R63W FOUND #6 REB. w/3 1/4" ALUM. CAP STAMPED KING SURV. JONES LS#22098 2006 121.51 P.O.B. 45' x 35' PERMANENT CONSTRUCTION EASEMENT 1,575 SQ.FT. N89°26'34"E 2642.94 (BASIS OF BEARINGS) L2 WCR 74 L4 LINE TABLE L1 S00'33'26"E 30.00' L2 N89'26'34"E 45.00' L3 500'33'26"E 35.00' L4 S89'26'34"W 45.00' L5 N00'33'26"W 35.00' CORNISH PLAINS LIVESTOCK PARC #079973X0019 1 11111111111 111111 I1II 111111 111111 11111 III 11111 IIII IIII 3643901 08/20/2009 11:44A Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 EASEMENT CORNISH PLAINS LIVESTOCK WELD COUNTY, COLORADO SE CORNER S34-T7N-R63W FOUND #6 REB. V1/4//3 1/4" ALUM. CAP STAMPED LS#10855 1995 WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 74 PROJECT FROM WCR 61 TO HWY 392 PROJECT GR-2 SCALE: 1"=100' COLORADO DATE JUNE 29, 2009 DRAWN BY: JIIB SHEET. 2 of 2 Hello