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Home My WebLink About20091128.tiffRESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - MARTIN AND VIKI LIND 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 Martin and Viki Lind, 29486 County Road 13, Windsor, Colorado 80550, 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 Martin and Viki Lind, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. o ; Pcd, 2009-1128 EG0060 1)&2(Gal Cc( AGREEMENT FOR CONVEYANCE OF EASEMENT FOR IMPROVEMENTS TO CR 13 - MARTIN AND VIKI LIND PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May, A.D., 2009. ATTEST: Mid Weld County Clerk to the Boa BY: AP Deputy County Attorney Date of signature. BOARD OF COUNTY COMMISSIONERS LD OLORADO am F. Garcia, Chair SED las Rademacher, Pro-Tem Sean P. Conway r/Z7/a7 2009-1128 EG0060 46trii IUk. COLORADO MEMORANDUM TO: Clerk to the Board DATE: May 8, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for Conveyance of Easement for improvements to WCR 13 with Martin and Viki Lind Enclosures M 'Francte\ngend-Leon doc 2009-1128 195 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN MARTIN LIND AND VIM LIND AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this j " day of m a , 2009, by and between Martin Lind and Viki Lind whose address is 29486 Weld County Rba'd 13, Windsor, Colorado 80550, 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 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 One Thousand Eight Hundred Eighty and no/100 ($1880.00) 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 3 1 111111 11111 111111 111111 III 111111 111111 111 11111 IIII IIII 3626195 05/29/2009 10:49A Weld County, CO 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ,jx9 -//4'? 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 Owner will construct an earthen berm on top of the roadway fill slope in this Easement area. The berm is being constructed to mitigate roadway noise. Owner is responsible to maintain proper roadway drainage in the berm area and is responsible for maintenance of the berm. Berm is not to extend into the road right of way. County reserves the right to review the plans and location of the berm and its drainage. 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 WHE • the parties have set their hands on the day and year first above written. Ma in md, Owne Viki Lind, 9 1111111 111111 III 111111 111111III 11111 IIII IIII 3626195 05/29/2009 10:49A Weld County, CO 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 2 of 3 ATTEST: Weld County Clerk to the BY• Deputy Clerk t e Board BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO BY: li L Cyj William F. Gar a, Chairman 05/13/2009 I IIIIII 11111 111111 111111 III VIIII 111111 III 111111111 1111 3626195 05/29/2009 10:49A Weld County, CO 3 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 3 of 3 LOO `/ -//aW EXHIBIT B GRANT OF PERMANENT EASEMENT (Martin Lind and Viki Lind -Weld County) This Grant of Permanent Easement is made by and between Martin Lind and Viki Lind, whose address is 29486 Weld County Road 13, Windsor, Colorado 80550 (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 fill slope, culvert installation and maintenance, drainage and access for the reconstruction of Weld County Road 13. The location of the easement parcel is described as follows: See Permanent Easement Exhibit "A" The Permanent Easement hereby conveyed is for the placement of a fill slope during the reconstruction of Weld County Road 13, installation and maintenance of a roadway culvert, access and drainage. 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 construction of said fill slope, construction and maintenance of a roadway culvert, for access and for drainage. 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. 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 WHE acknowledgment set forth nd. •wner F, the parties have set their hands hereon upon the dates of Page I of 2 pages 1111111 11111 11111 IIIIII III 111111 111111 III 11111 IIII IIII 3626195 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Viki STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 0,410 CW % , 2009, by Martin Lind and Viki Lind, Owners iitn4s my hand and official seal. -sP;'„OMRy . `•. •PUBS\G mission expires: o 40. 4i,FOF11C —"mission Excio# �pVf The Grantee hereby accepts this ease day of May , 2009 I day of for the purposes set forth herein on this the 13th OUNTY OF WELD, STATE OF ATTEST: ' ti �` :7 �� JCOLORADO, GRANTEE Deputy Ci ioo theBoard William F. Garcia, Chairman, Board of County Commissioners of Weld County, Colorado Page 2 of 2 pages 1 111111 11111 111111 111111 111 111111 111111 111 11111 llll I'll 3626195 05/29/2009 10:49A Weld County, CO 5 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 05/13/2009 020'9-//2cp EXHIBIT -A SW I/4 $6-T5N-R67W PROPERTY DESCRIPTION PERMANENT SLOPE AND DRAINAGE EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 6, 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. 0957-6-3 RE -3727 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3157917 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/16 CORNER OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND BEARING SOUTH 00'26'59" EAST A DISTANCE OF 1315.28 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 6 ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'03'22" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND BEING THE POINT OF BEGINNING. THENCE NORTH 00'26'59" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 435.00 FEET; THENCE SOUTH 08'18'42" EAST A DISTANCE OF 146.20 FEET; THENCE SOUTH 00'26'59" EAST A DISTANCE OF 100.00 FEET; THENCE NORTH 89'33'01" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 00'26'59" EAST A DISTANCE OF 40.00 FEET; THENCE SOUTH 89'33'01" WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH 00'26'59" EAST TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 6; A DISTANCE OF 150.00 FEET; THENCE SOUTH 89'03'22" WEST ALONG SAID LINE A DISTANCE OF 20.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,4649.3 sf. OR 0.18 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO. 111111111111�11111111111�� 111111111111III111111111X111 3626195 05/29/2009 10:49A Weld County, CO 6 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder PERMANENT SLOPE AND DRAINAGE EASEMENT MARTIN & VICKI LIND 29486 WCR 13 WELD COUNTY, COLORADO ofogi 111k COLORADO WELD COUNTY PUBIC WORKS DEPARTMENT WELD COUNTY ROAD 13 @ HIGHWAY 34 PROJECT: SRP-14 DATE APR. 2D, 2009 DRAWN BY: lHB SHEET: 10[2 EXHIBIT -A SW 1/4 56-T5N-R67W W 1/4 COR. $6—T5N—R67W FOUND #/6 REBAR WITH 2 1/2" ALUM. CAP STAMPED TST LS33193 1999 i II I Lew— 30.00' '- EXISTING 35.00 ' — EXISTING R.O.W. ! 0. NI MIz a W i 3m mlo I NI6 aig z: ' I P.O.C. S 1/16 COR. $6—T5N—R67W FOUND #6 REBAR WITH 2 1/2" ALUM. CAP STAMPED TST L533193 1999 I 0 0 IL) -L1 !L7 L5 LIND LOT A RE— 3727 0 ?ski V MARTIN & VICKI LIND PARC.#09570600038 LOT B RE -3727 PERMANENT SLOPE & DRAINAGE EASEMENT 7,649.3 sf. OR 0.18 ac. LINE TABLE L1 N89'03'22"E 30.00' L2 500'26'59"E 100.00' L3 N89'33'01"E 10.00' L4 SO0'26'59"E 40.00' L5 589'33'01"W 10.00' L6 SO0'26'59"E 150.00' L7 589'03'22"W 20.00' 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. FRANK -o 8 N O � co ad CN = U O O V 'o a) m 2 a) Q d 4y 0 T O 0 0 0 N O N roe i CC n .rn �N O C.,n PERMANENT SLOPE AND DRAINAGE EASEMENT MARTIN & VICKI LIND 29486 WCR 13 WELD COUNTY, COLORADO otr. WI`Pc COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 @ HIGHWAY 34 PROJECT: SRP-14 1•_100' DATE APR. 20, 2009 DRAWN BY: RIB SHE` 2of2 Hello