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Home My WebLink About20091227.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - THOMAS AND SHERRI FRANK 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 Concerning 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 Thomas and Sherri Frank, 6333 County Road 60, Windsor, Colorado 80550, 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 Concerning 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 Thomas and Sherri Frank 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of May, A.D., 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: gski Weld County Clerk to the BY' C:LTa/W7'/1 Deputy erk to the Board APPROVED AS TO FORM: g— ( l� l Cp n iCUrneey. Date of signature cy WEE !/ `N Y LORADO Iliam F. Garcia, Chair C ougla• Rademach r Pro-Tem Sea P.[;onway arbaclirkmeye David E. Long 2009-1227 EG0060 16/2/07 COLORADO MEMORANDUM TO: Clerk to the Board DATE: May 19, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for Purchase of ROW and Grant of Permanent Easement with Thomas L. Frank and Sherri Linn Frank for improvements to WCR 13. Enclosures M:AFrnncteAAgend-Leon doc J O y CJ rJ Cil 2009-1227 084 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN THOMAS L. FRANK, SHERRI LINN FRANK AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into thisrt day of , 2OO9, by and between Thomas L. Frank and Sherri Linn Frank, whose address is 6333 Weld County Road 60, 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 Seven Hundred and no/100 ($1700.00) 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 11111 11111 VII 111111 III 111111111111 III 11111 liii till 3630084 06/15/2009 02:55P Weld County, CO 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder X'C69-/&:27 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. 7. County will reimburse Owner the sum of One Thousand One Hundred Ten and no/100 ($1110.00) dollars for the cost of Owner to replace approximately 370 feet of fence that is being removed as part of the roadway 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. A211724 ner 1s" Thomas L. Erai Sherri Linn Frank, Owner 1111111 11111 131 1111III 11111 1111111 III 11111 IIII IIII 3630084 06/15/2009 02:55P 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 1111111 111 111111 1111II1111111111111111 11111 /III 1I I I 3630084 06/15/2009 02:55P Weld County, CO 3 of 7 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 MAY 2 7 2009 ;2on9-/oZ? 7 EXHIBIT -A SW 1/4 S6-T5N-R67W PROPERTY DESCRIPTION PERMANENT CONSTRUCTION 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 THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2862646 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 NORTH 00'26'59" WEST A DISTANCE OF 1315.36 FEET FROM THE SOUTHWEST 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 ALSO BEING THE POINT OF BEGINNING THENCE CONTINUING NORTH 89'03'22" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'26'59" EAST A DISTANCE OF 200.00 FEET; THENCE SOUTH 02'51'00" WEST A DISTANCE OF 347.48 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE NORTH 00'26'59" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 546.73 FEET MORE OR LESS TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,467.6 sf. OR 0.17 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO. UIIIIIIIo OO�•;W 9 23520 • = 9 � `� � 111111111111111111111111111 Bill HI lii 11111 liii Pill 7J� �y..... p \\ 3630084 06/15/2009 02:55P Weld County, CO nnimw 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder PERMANENT CONSTRUCTION EASEMENT THOMAS L. & SHERRI LINN FRANK 6333 WCR 60 WELD COUNTY, COLORADO Wi�Dc. COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 @ HIGHWAY 34 PROJECT. SRP-14 SCALE; DATE. APR. 20, 2009 DRAWN BY lHB SHEET'. 1oi2 EXHIBIT -A SW 1/4 S6-T5N-R67W I P.O.C. S 1/16 COR. 56-T5N-R67W FOUND #6 REBAR WITH 2 1/2" ALUM. CAP STAMPED TST LS33193 1999 35.00' - EXISTING R.O.W. SW CORNER S6-T5N-R67W FOUND #6 REBAR WITH 3 1/4" ALUM. CAP STAMPED KING SURVEYORS LS22098 1995 N00'26'59"W N89'03'22"E 22"E 20.00' PERMANENT CONSTRUCTION EASEMENT 7,467.6 sf. OR 0.17 ac. -•— 30.00' EXISTING R.O.W. WELD COUNTY PUBLIC WORKS DEPARTMENT THOMAS L. FRANK & SHERRI LINN FRANK FARC.#095706000033 ?.(.3.11%�P.#2862646 J (P 23520 llllll III\''' 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. `- mmas c a CD°C C.3 at = 3 =C 0 [A 2 a 4 X32 -�ti t — N C � C C)C hoc c = N T C �mc o �COCO r O Co) i Mu PERMANENT CONSTRUCTION EASEMENT THOMAS L. & SHERRI LINN FRANK 6333 WCR 60 WELD COUNTY, COLORADO WRDc COLORADO WELD COUNTY ROAD 13 @ HIGHWAY 34 PRa ECT. SRP-14 SCALE: 1"=100' DATE APR. 20, 2009 DRAWN BY'. 1HB SHEET: 2 of 2 EXHIBIT B GRANT OF PERMANENT EASEMENT (Thomas L. Frank and Sherri Linn Frank -Weld County) This Grant of Permanent Easement is made by and between Thomas L. Frank and Sherri Linn Frank, whose address is 6333 Weld County Road 60, 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 during 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. 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 and maintenance of said fill slope. 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 reconstruction of said roadway. 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. Thomas L. Frank, O*ner Page I of 2 pages I 111111 11111 111111 1111 III 11111 1111111 III 11111 IIII 1111 3630084 06/15/2009 02:55P Weld County, CO 6 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Sherri Linn Frank, •wner L oo9-4G7O7 7 • t�Ky STATE OF COLORADO )ss. COUNTY OF The foregoing instrument was acknowledged before me this /r'— day of , 2009, by Thomas L. Frank and Sherri Linn Frank, Owners Witness my hand and official seal. My commission expires: Notary Public ,rrrrrrvaararaarory 1e? -6. LEON W SIEVERS 1 NOTARY PUBLIC STATE OF COLORADO fI flr 000000#0.74 rAV•W/I-Mg The Grantee hereby accepts this easement for the purposes set forth herein on this the 27th day of May , 2009 ATTEST: Deputy Cler o the Board 11111111111111111111111 M �� 1111111111111111111 �� 3630084 06/15/2009 02:55P Weld County, CO 7 of 7 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 MAY Z 7 2009 Page 2 of 2 pages 02c (- /&( Hello