The URL can be used to link to this page

Browse Search

Home My WebLink About20081926.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT OF PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-DIAN S.TATE REVOCABLE TRUST 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 and a Grant of Permanent Easement for Certain Improvements to County Road 2 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 the Dian S. Tate Revocable Trust, 2756 Grand Forks Road, Henderson, Nevada 89052, with terms and conditions being as stated in said agreement and grant, and WHEREAS, after review, the Board deems it advisable to approve said agreement and grant, copies of which are 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 and the Grant of Permanent Easement for Certain Improvements to County Road 2 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 the Dian S.Tate Revocable Trust be, and hereby are, 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 9th day of July, A.D., 2008. BOARD OF COUNTY COMMISSIONERS <, i i /-, WELD COUNTY, COLORADO ATTEST: fitaki %?: — Wil H. Jerke, Chair Weld County Clerk tots Robe�r,'949as n, Pro-Tem BY: , ,��//7 Deputy Clerk o the Board i,/ Willi�r. rcr JVIw 0 M: David E. Long • ount Attorney Dougla Rademac er Date of signature: 4/Slyee 2008-1926 IAA), r-- EG0058 MEMORANDUM TO: Clerk to the Board DATE: July 1, 2008 C COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Agreement for Conveyance of Easement and Grant of Permanent Easement with Dian S. Tate Revocable Trust for improvements to WCR 2. M'.\Francie\Agend-Leon.doc j I 2008-1926 399 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 2 BETWEEN DIAN S. TATE REVOCABLE TRUST AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into thisil ti day of v%tkn.r-N , 2008, by and between Dian S. Tate Revocable Trust, whose address is 2756 Grand Forks Road, Henderson, Nevada 89052, 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 10t Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 2, and WHEREAS, Owner owns property described in the attached Exhibit "A", hereinafter referred to collectively as "Easement", and WHEREAS, County needs said Easement for the installation and maintenance of a roadway culvert as part of 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 Hundred 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. Page 1 of 2 Pages 111111111111 HMI III 11111111 1111111111111111 IIII IIII 3570399 08/05/2008 02:02P Weld County, CO 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 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. 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. DIAN S. TATE REVOCABLE TRUST Dian S. Tate, Trustee Page 2 of 2 Pages AEI 11111 DIN III 11111111 II EMI MCI IIII III 3570399 08/05/2008 02:02P Weld County, CO 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ATTEST: �mkpi BOARD OF COUNTY COMMISSIONERS OFCOLORADO WELD COUNTY, STATE O F EL Weld County Clerk to the Boa r9 a ,:” ts.txtt..c "g. !fir BY J�LS..� al, �:��,fR ',.1 I BY: ��- Depu1Clerk t:he Board �� William H. Jerke, Chairman JUL 0 9 2008 111111111111111111 III 11111111 11 11111111 III 11111 1111 1111 3570399 08/05/2008 02:02P Weld County, CO 3 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 3 of 2 Pages 620.0?--/2 EXHIBIT"A" PARCEL NUMBER: PE-14 DATE: JANUARY 02,2008 DESCRIPTION A PERMANENT EASEMENT NO. PE-14 CONTAINING 400 SQUARE FEET(0.009 ACRES), MORE OR LESS, BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID PERMANENT EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER NORTH 00°57'38"WEST, A DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER;THENCE ALONG SAID PARALLEL LINE NORTH 89°21'22" EAST, A DISTANCE OF 1376.60 FEET TO THE POINT OF BEGINNING; 1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°38'38"WEST, A DISTANCE OF 20.00 FEET; 2. THENCE NORTH 89°21'22" EAST,A DISTANCE OF 20.00 FEET; 3. THENCE SOUTH 00°38'38" EAST, A DISTANCE OF 20.00 FEET TO SAID PARALLEL LINE; 4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°21'22"WEST,A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 400 SQUARE FEET(0.009 ACRES), MORE OR LESS. FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING DRAINAGE STRUCTURES. BASIS OF BEARING: BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°21'22" EAST BETWEEN THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTHWEST CORNER OF SECTION 34 TO THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1998 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 34. ''�Ov.O• N E C F e9 • • 22"561 : ' t 3:�s:.2. Iiito •��;•� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111llll VP/ ., ' 3570399 08/05/2008 02:02P Weld County, CO .__• LAND,;.' 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder For and on Behalf of Weld County and Adams County, Colorado Dean E. Cates, PLS 22561 Aztec Consultants, Inc. 300 E. Mineral Ave., Suite 1 Littleton, CO 80122 PE-14.doc, 16307-01,01-02-2008 Page 1 of 1 "EXHIBIT B" GRANT OF PERMANENT EASEMENT (Dian S. Tate Revocable Trust, David J. Tate and Sandra D. Tate, Mark T. Tate and Betty A. Tate-Weld County) This Grant of Permanent Easement is made by and between Dian S. Tate Revocable Trust, Dian Tate Trustee, whose address is 2756 Grand Forks Road, Henderson, Nevada 89052 AND David J. Tate and Sandra D. Tate, whose address is 1723 Markley Drive, N.W., North Canton, Ohio 44720 AND Mark T. Tate and Betty A. Tate, whose address is 2569 Carrington Street, N.W., North Canton, Ohio 44720 (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 constructing and maintenance a roadway culvert and appurtenances. The location of the easement parcel is described as follows: See Exhibit "A"Parcel Number PE-14 Upon execution of this 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, daily operation, access and maintenance of said roadway culvert. 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 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. 111111111111111111 III 111111111111111111 III IIIII IIII IIII 3570399 08/05/2008 02:02P Weld County, CO 5 of 7 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Page I of 3 page aaaf/51.96 IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: Dian S. Tate Revocable Trust /967,-jati: 011407--Ce Dian S. Tate, Trustee OWNER: OWNER: David J.Ta Sandra D. Tate OWNER: OWNER: 1CIU•440 Mark T Tate Betty A. Tate STATE OF 11 /IOA. ) )ss. COUNTY OF 617)/e/K The foregoing instrument was acknowledged before me this 076 dday of �}�� ✓ , 2008, by Dian S. Tate, Trustee of the Dian S. Tate Revocable Truse Witness my hand and official seal. �� Notary blic My commission expires: ,... GLORIA CAMPANELLA bs....r.:• Notary Public-Stale of Nevada ` Appointment Hecorded in Clark County '� No.06-105906.1 Expires May 2,2010 Page 2 of 3 pages 1 EDI 11111 DIE III 111111111111111111 III 11111 IIII IIII 3570399 08/05/2008 02:02P Weld County, CO 6 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF Okla ) )ss. COUNTY OF Petty ) The foregoing instrument was acknowledged before me this a day of 010,1)(;) , 2008, by David J. Tate and Sandra D. Tate, Owners. Witness my hand and official seal. c otary Public My commission expires: CINDY M. WEARLEY Residence-Summit County State Wide Jurisdiction, Ohio My Commission Expires April 23,2013 STATE OF 640 ) )ss. COUNTY OF &ay ) The oregoing instrument was acknowledged before me this O29 lay of , 2008, by Mark T. Tate and Betty A. Tate, Owners Witness my hand and official seal. No ary ublic My commission expires: CINDY M. WEARLEY Residence-Summit County State Wide Jurisdiction, Ohio My Commissi The Grantee hereeby acce5t�SJ ii? dent for the purposes set forth herein on this the day of , 2008 Mid) % ,_ COUNTY OF WELD, STATE OF ATTEST: M ' ) Li L, OLORADO, GRANTEE t , out dv t -L, c%Ptt Bo r °, lliam H. Jerke, Chairman, Board of . i7 ounty Commissioners of Weld County, - toCRec Colorado JUL 0 9 7008 Page 3 of 3 pages 1111111 11111 111111 III 11111111 11 11111111 III 11111 1111 1111 3570399 08/05/2008 02:02P Weld County, CO 7 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ci'Oo 9 - /9 , Hello