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Home My WebLink About20093293.tiffRESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - JOHN AND JENNIFER CUMMINGS 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 13, 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 John and Jennifer Cummings, 13148 West Dumbarton Drive, Morrison, Colorado 80465, 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 13, 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 John and Jennifer Cummings 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. co Q cc), PL kit 2009-3293 EG0060 0-2/o /c) AGREEMENT FOR CONVEYANCE OF EASEMENT FOR IMPROVEMENTS TO CR 13 - JOHN AND JENNIFER CUMMINGS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December A.D., 2009. ATTEST: it Weld County Clerk to the Boar BYE iLitc i [L eiP PON_ De. y Clerk to the Board) APPROVE, AS TO FDI /may to / ev Date of signature: I a ARD OF COUNTY COMMISSIONERS TY,QQLORADO ougla Sean P. Conway EXCUSED Bar ra Kirkmeyer E c -c-\ David E. Long 2009-3293 EG0060 MEMORANDUM wuDc. COLORADO TO: Clerk to the Board DATE: December 9, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for Conveyance of Easement for Certain Improvements to WCR 13 with John L. and Jennifer Cummins dated December 4, 2009. Enclosure M Trandc'Agend-Leon doc 2009-3293 cn 063 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN JOHN L. CUMMINGS AND JENNIFER L. CUMMINGS AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this Cc / day of O266N 2009, by and between John L Cummings and Jennifer L. Cummings, whose address is 13148 W. Dumbarton Drive, Morrison, Colorado 80465, 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." WYINESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, 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 Six Thousand Eight Hundred Sixty and no/100 ($6860.00) 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. Pagc I of 3 111111111111111111/III/III lilt 11111111 III 1111111111111 3672063 01/2612010 11:01A Weld County, CO 1 of 5 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 rebuild the driveway during construction and resurface the driveway with the same material that exists at the time of construction. 7. It is understood that County will remove any fence within the easement area, if necessary as determined by County, and will replace the fence at its present location at the end of construction. A temporary fence will be installed, by County, along the easement line during construction, if so needed. 8. County will seed the easement area upon completion of construction with a native seed mix. 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. Jennife f . Cu• mings, Owner Page 2 of 3 11111111111111111111111111 11111 11111111 III IIIII IIII IIII a) ohn L. Cummings, Owner 3672063 01/26/2010 11:01A Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ATTEST: Weld County Clerk to th BY: Deputy Clerk t: the Board --.77%-rrN 11111111111111111111111111 11111 11111 III/1111111 III I 3672063 01/26/2010 11:01A Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO BY: Page 3 of 3 William F. Garcia, Chairman DEC EXHIBIT -A NW I/4 S19-T5N-R67W PROPERTY DESCRIPTION PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 0957-19-2-RE2183 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2615515 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 40.00 FEET OF THE WEST 70.00' FEET OF LOT -B LYING NORTH OF LOT -A OF SAID RECORDED EXEMPTION NO. 2183 AND LYING SOUTH OF LOT —A OF RECORDED EXEMPTION NO. 0957-19-2—RE732 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1998200. SAID PARCEL CONTAINS 29,903.4 sf. OR 0.686 ac. 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 RECORDED EXEMPTION NO. 0957-19-2—RE2183 AND THE INFORMATION SHOWN THEREON. 1111111 VIII 111111I11IIIIIV11111111111IIIVIIIIIIIIIII 3672063 01/26/2010 11:01A Weld County, CO 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder PERMANENT EASEMENT JOHN L. & JENNIFER L. CUMMINGS SITE -26700 WELD COUNTY ROAD 13 WELD COUNTY, COLORADO Wi`Dc. COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 PROJECT FROM WCR 54 TO HWY 34 PROJECT: SRP-13 SCALE: DATE: SEP. 29, 2009 DRAWN BY: JHB SHEET: 1 of 2 EXHIBIT -A NW 1/4 S19-T5N-R67W I' 60.00' EXISTING , R.O.W. AVE 1/4 S24-7SW-R6;W LIRLian..-.R COUNTY ESICVAbleit PAP.:. t/-095719D000,11 NW 1/4 529-73N R67W W'E D COUNTY ACQUIRED 40' u-) PERMANENT EASEMENT 29,903.4 sf. OR 0.686 ac.± N IN NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A I ' MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.' , IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. I I ' I 40.00' -H N co N- JOHN L & JE \NNIFER L. CUMMINGS P#095719000057 R#2699251 RE -2183 LOT -B 1 i I PERMANENT EASEMENT JOHN L. & JENNIFER L. CUMMINGS SITE - 26700 WELD COUNTY ROAD 13 WELD COUNTY, COLORADO p‘totr 11`k. COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 PROJECT FROM WCR 54 TO HWY 34 PROJECT: SRP-13 SCALE: DATE: SEP. 29, 2009 DRAWN BY: JHB 1"=200' SHEET 2 of 2 C C 2 c c -c Q c 3672063 01/26/2010 adr. COLORADO c. MEMORANDUM TO: Clerk to the Board DATE: January 15, 2010 FROM: Leon Sievers, Public Works SUBJECT: Consent Agenda Item In association with Agreement with John L. and Jennifer L. Cummings, Doc #2009-3293, please submit the attached Grant of Permanent Slope and Utility Easement for the Chair's signature. M\PrancieAAgendaChairSignature-doc Q ett,u4-fa-, ate /-_- /G' i;;i E c &L't =49(K27 -3;e93 062 GRANT OF PERMANENT SLOPE AND UTILITY EASEMENT (John L. Cumming and Jennifer L. Cummings -Weld County) This Grant of Permanent Slope and Utility Easement is made by and between John L. Cummings and Jennifer L. Cummings, whose address is 12148 W. Dumbarton Drive, Morrison, Colorado 80465 (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 10`h 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 slope, including grading, shaping, maintaining and associated tasks to include the installation and maintenance of utilities, both underground and overhead as necessary for the construction and maintenance of Weld County Road 13. The location of the easement parcel is described as follows: See Easement Exhibit "A" and Easement Exhibit Map The Permanent Easement hereby conveyed is for the construction, operation and maintenance of said Weld County Road 13 side slopes and ditches. Additionally, included is the installation and maintenance of overhead and underground utilities. 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 slope and utility lines within the easement. 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 slope and utilities. 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. Jennifef/L. Cummings, Owner 11111111111111111111111111 11111111111II III 1111111111111 John L. Cummings, Owner Page I of 2 page 3672062 01/26/2010 11:01A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) )ss. COUNTY OF 'AA LlztlN ) The foregoing instrument was acknowledged before me this 1 day of JAN uA(z y , 2010, by Jennifer L. Cummings and John L. Cummings, Owners. Witness my hand and official seal. ht\ CA 0(1 m'u yiT N ublic My commission expires: 1 2f( 1V-Pv1IChE li{�,t' TI V Z NOTARY PUBLIC 4 STATE OF COLORADO ®®4+4. 0.06 -.W -a,. A._.....-..«' My Commission Exprces C9'2772012 The Grantee hereby accepts this easement for the purposes set forth herein on this the (.2,5".' day of „jp„ ,KA,o,,/ , 20Wi 0 COUNTY OF WELD, STATE OF ATTEST: COLORADO, GRANTEE Deputy/Clerk to the Board VIII 11111111111 11111 3672062 01/26/2010 11:01A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 11 ouglat Radema her, Chairman, Board of County Commi- ioners of Weld County, Colorado Page 2 of 2 page JAN 252010 aoo9- 3-'9 EXHIBIT -A NW I/1+ SI9-T5N-R67W PROPERTY DESCRIPTION PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 0957-19-2-RE2183 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2615515 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 40.00 FEET OF THE WEST 70.00' FEET OF LOT -B LYING NORTH OF LOT -A OF SAID RECORDED EXEMPTION NO. 2183 AND LYING SOUTH OF LOT -A OF RECORDED EXEMPTION NO. 0957-19-2-RE732 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1998200. SAID PARCEL CONTAINS 29,903.4 sf. OR 0.686 ac. 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 RECORDED EXEMPTION NO. 0957-19-2—RE2183 AND THE INFORMATION SHOWN THEREON. 111111111111111111 Ilfl IIII 1111111111111 III 11111 IIll VIII 3672062 01/26/2010 11:01A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder PERMANENT EASEMENT JOHN L. & JENNIFER L. CUMMINGS SITE -76700 WELD COUNTY ROAD 13 WELD COUNTY, COLORADO 4614 WliDc COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 PROJECT FROM WCR 54 TO HWY 34 PROJECT. SRP-13 SCALE: DATE: SEP. 29, 2009 DRAWN BY: JHB SHEET: 1 012 NW I/4 S19-T5N-R67W EXHIBIT -A I II 60.00' I •►-- EXISTING , R.O.W. 4,9i ACQUIRED 40' •I-0 i PERMANENT EASEMENT In 4 29,903.4 sf. OR 0.686 sc.+ In NW //4 $Y-15N-R67W WELD JVP7 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. N 40.0° JOHN L. & JENNIFER L. PERMANENT EASEMENT JOHN L. & JENNIFER L. CUMMINGS SITE - 76700 WELD COUNTY ROAD 13 WELD COUNTY, COLORADO tril WIVDc. COLORADO CUMMINGS P#0957 19000057 R#2699251 RE -2183 LOT -8 I - `6 i ISM C. U — 1 � U N o — r r ass C WELD COUNTY PUBLIC WORKS DEPARTMENT �; WELD COUNTY ROAD 13 PROJECT as FROM WCR 54 TO HWY 34 PROJECT: SRP-13 SCALE: 1"=200' DATE: SEP. 29, 2009 DRAWN BY: JHB MINN SEE SHEET: 2 of 2 I Hello