HomeMy WebLinkAbout20081757.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT, ACCEPTANCE OF
GRANT OF PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 2 AND AUTHORIZE
CHAIR TO SIGN NECESSARY DOCUMENTS - TRS EQUITIES, LLC
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,a Grant of Permanent Easement,and a Temporary Construction 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 TRS Equities, LLC, 5460 South Quebec Street, Suite 110, Greenwood Village, Colorado
80111-1916, with terms and conditions being as stated in said agreement, grant, and easement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, grant,
and easement, 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, Grant of Permanent
Easement, and Temporary Construction 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 TRS Equities,
LLC, 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 23rd day of June, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
II WELD COUNTY, COLORADO
ATTEST: 144 � -
r iaei b' % —1 William H. Jerke, Chair
Weld County Clerk to th Bo r
yilIN
4 EXCUSED
Robert P.qMa en, o-Tem
BY:
Deputy Clerk o the Board
Wil a F. Garcia
`�
•ROV , AS % • a� I/
David E. Long
ounty -. orney rpq
��� ��?D 2 Douglas)Rademac r
Date of signature: _Zi7
2008-1757
EG0058
MEMORANDUM
' C. TO: Clerk to the Board DATE: June 19, 2008
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Agenda Item
Agreement for Conveyance of Easement, Exhibit B, Grant of Permanent Easement, and Exhibit C,
Temporary Construction Easement with TRS Equities, LLC for improvements to WCR 2
M:AFrancieAAgend-Leon.doc
2008-1757
089 AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY
ROAD 2 BETWEEN P8tcC L—WAND WELD COUNTY, COLORADO
r S eau ,ries
THIS AGREEMENT is made and entered into this i 3rday of J . N Z , 2008, by and
between TRS Equities, LLC, whose address is 5460 S. Quebec St, Suite 110, Greenwood
Village, Colorado 80111-1916, 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 2, and
WHEREAS, Owner owns property described in the attached five 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 Easements, as shown
and/or described on the five individual Exhibit "A", attached hereto and
hereinafter referred to herein as the "Easement" for the total sum of Eight
Hundred and no/100 ($800.00) dollars. This consideration is being offered in lieu
of condemnation.
2. Owner agrees to grant Easements to County by using substantially the Easement
Forms which is attached hereto as Permanent Easement Exhibit "B" and
Temporary Construction Easement Exhibit "C", free and clear of all
encumbrances, except existing easements.
Page 1 of 2 Pages
11111111111111111111111 IIII 11111111111 III 11111
3568089 07/23/2008 04:45P Weld County, CO 757
1 of 17 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.
6. County agrees to reimburse the Owner the sum of Two Thousand One Hundred
Forty and 50/100 ($2140.00) dollars to offset the cost for the owner to replace
approximately 680 if of four stand barbed wire fence that is being removed as part
of the roadway construction. Owner has an opportunity to salvage any or all parts
of the fence prior to the commencement of 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.
TRS EQUITIES, LLC
C::‘up4L .
By: Theodore Shipman, Agent
Page 2 of 2 Pages
1111111 11111 111111111111 I'll 11111111111 III 11111 IIII Ills
3568089 07/23/2008 04:45P Weld County, CO
2 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
ATTEST: M �� BOARD OF COUNTY COMMISSIONERS
N NRy� a WELD COUNTY, STATE OF
J ORADO
Weld County Clerk to the Board I--;
tsarw
BY: L1 £1C1
Deput Jerk the Board U F William H. Jerke, Chairman JUN 2 3 2008
111111 11111 111111 111111 IIII 111111 11111 111 11111 IIII IIII
3568089 07/23/2008 04:45P Weld County, CO
3 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Page 3 of 2 Pages
(>F-/'757
EXHIBIT"A"
PARCEL NUMBER: PE-8
DATE: JANUARY 02, 2008
DESCRIPTION
A PERMANENT EASEMENT NO. PE-8 CONTAINING 800 SQUARE FEET(0.018 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, 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 SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER NORTH 01°04'15"WEST, A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°26'19"EAST,A DISTANCE OF 1911.24 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°33'41"WEST, A DISTANCE OF 20.00 FEET;
2. THENCE NORTH 89°26'19" EAST, A DISTANCE OF 40.00 FEET;
3. THENCE SOUTH 00°33'41"EAST, A DISTANCE OF 20.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'19"WEST,A DISTANCE OF 40.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 800 SQUARE FEET(0.018 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 SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°26'19" EAST BETWEEN THE 2" DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER
CORNER OF SECTION 32 TO THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 32.
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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
11111111111111111111111 Iii 11111111111 III 11111 liii liii PE-B.doc, 16307-01,01-02-2008
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3568089 07/23/2008 04:45P Weld County, CO
4 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"A"
PARCEL NUMBER:TE-7A
DATE: JANUARY 02, 2008
DESCRIPTION
A TEMPORARY EASEMENT NO. TE-7A CONTAINING 1,500 SQUARE FEET(0.034 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID
TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER NORTH 01°04'15"WEST,A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°26'19" EAST,A DISTANCE OF 821.24 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°33'41"WEST,A DISTANCE OF 10.00 FEET;
2. THENCE NORTH 89°26'19"EAST,A DISTANCE OF 150.00 FEET;
3. THENCE SOUTH 00°33'41"EAST, A DISTANCE OF 10.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'19"WEST,A DISTANCE OF 150.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,500 SQUARE FEET(0.034 ACRES), MORE OR LESS.
FOR THE PURPOSES OF A CUT SLOPE AND TO REMOVE AND REPLACE AN EXISTING FENCE.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°26'19" EAST BETWEEN THE 2" DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER
CORNER OF SECTION 32 TO THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 32.
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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
TE-7A.doc, 16307-01,P 08
Page 1 of 1
1 Ill 11111 IRE 111111 IIIL III IIIII /III II
3568089 07/23/2008 04:45P Weld County, CO
5 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"A"
PARCEL NUMBER:TE-7B
DATE: JANUARY 02,2008
DESCRIPTION
A TEMPORARY EASEMENT NO.TE-7B CONTAINING 2,000 SQUARE FEET(0.046 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32,TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID
TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER NORTH 01°04'15"WEST,A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°26'19" EAST, A DISTANCE OF 1071.24 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°33'41"WEST,A DISTANCE OF 10.00 FEET;
2. THENCE NORTH 89°26'19"EAST,A DISTANCE OF 200.00 FEET;
3. THENCE SOUTH 00°33'41"EAST,A DISTANCE OF 10.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'19"WEST, A DISTANCE OF 200.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,000 SQUARE FEET(0.046 ACRES), MORE OR LESS.
FOR THE PURPOSES OF A FILL SLOPE AND TO REMOVE AND REPLACE AN EXISTING FENCE.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°26'19"EAST BETWEEN THE 2"DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER
CORNER OF SECTION 32 TO THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 32.
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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
TE-7B.doc, 16307-01,01-02-2008
1 11111 11111 11111 111111 1111 111111 11111 III 111111111 IIII Page 1 of 1
3568089 07/23/2008 04:45P Weld County, CO
6 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT"A"
PARCEL NUMBER:TE-7C
DATE: FEBRUARY 18, 2008
DESCRIPTION
A TEMPORARY EASEMENT NO.TE-7C CONTAINING 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID
TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER NORTH 01°04'15"WEST,A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°26'19" EAST, A DISTANCE OF 561.03 FEET
TO THE WESTERLY RIGHT OF WAY LINE OF THE EAST BURLINGTON EXTENSION DITCH AND THE POINT
OF BEGINNING;
1. THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 09°35'20" EAST, A DISTANCE OF
51.46 FEET;
2. THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE SOUTH 80°39'49" EAST, A DISTANCE
OF 20.00 FEET;
3. THENCE SOUTH 09°35'20"WEST, A DISTANCE OF 47.96 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'19"WEST,A DISTANCE OF 20.32 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS.
FOR THE PURPOSES OF FIELD ACCESS.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°26'19" EAST BETWEEN THE 2"DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER
CORNER OF SECTION 32 TO THE 2"DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 32.
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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
TE-7C.dac,16307-01,02-18-2008
I IIIIII VEgoVIII III VIII IIII I'llPage 1 of 1
3568089 8 04:45P Weld County, CO
7 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
• EXHIBIT"A"
PARCEL NUMBER: TE-7D
DATE: FEBRUARY 18,2008
DESCRIPTION
A TEMPORARY EASEMENT NO.TE-7D CONTAINING 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID
TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER NORTH 01°04'15"WEST,A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°26'19"EAST, A DISTANCE OF 618.69 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 02°14'56" EAST,A DISTANCE OF 50.49 FEET;
2. THENCE SOUTH 87°45'04" EAST,A DISTANCE OF 20.00 FEET;
3. THENCE SOUTH 02°14'56"WEST, A DISTANCE OF 49.51 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'19"WEST, A DISTANCE OF 20.02 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS.
FOR THE PURPOSES OF FIELD ACCESS.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83(1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°26'19" EAST BETWEEN THE 2" DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER
CORNER OF SECTION 32 TO THE 2"DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 32.
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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
1111111 11111 111111111111 IIII 11111111111 III 1111111111111 TE-7D.doc, 16307-01,Page of 1
3568089 07/23/2008 04:45P Weld County, CO
8 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
"EXHIBIT B"
GRANT OF PERMANENT EASEMENT
(TRS Equities, LLC - Weld County)
This Grant of Permanent Easement is made by and between TRS Equities, LLC, whose
address is 5460 S. Quebec St, Suite 110, Greenwood Village, Colorado 80111-1916 (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 roadway culverts and
appurtenances and associated drainage swale
The location of the easement parcel is described as follows:
See Exhibit"A" Parcel Number PE-8
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 culverts and associated drain swale. 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 and
associated drain swale.
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.
1 111111 11111 111111 111111 I1II 111111 11111 III VII1 IIII I'll
3568089 07/23/2008 04:45P Weld County, CO
9 of 17 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
Page 1 of 2 page
0700?-1757
IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
OWNER:
TRS EQUITIES, LLC
t
11O6
By: Theodore Shipman, Age`1
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this I3, w day of
, 2008, by Theodore Shipman, Agent for TRS Equities, LLC
Cmeo
fri hand and official seal.AR r Public
ion expires:
My conpesaion Juy 8,2011
The Grantee hereby accepts this easement for the purposes set forth herein on this the :mod
day of , 2008
ryry�� COUNTY OF WELD, STATE OF
ATTEST: gam"" � �� � , Tr.'° COLORADO, GRANTEE
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D ty C k to the B and „ F # • illiam H. Jerke, Chairman, Board of
, � e` ounty Commissioners of Weld County,
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Page 2 oft page
1 MIME 111111111111IIII11111111111III111111 ��� ����
3568089 07/23/2008 04:4512 Weld County, CO
10 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 400 '-1757
EXHIBIT"A"
PARCEL NUMBER: PE-8
DATE: JANUARY 02,2008
DESCRIPTION
A PERMANENT EASEMENT NO. PE-8 CONTAINING 800 SQUARE FEET(0.018 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, 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 SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER NORTH 01°04'15"WEST,A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°26'19" EAST,A DISTANCE OF 1911.24 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°33'41"WEST, A DISTANCE OF 20.00 FEET;
2. THENCE NORTH 89°26'19"EAST, A DISTANCE OF 40.00 FEET;
3. THENCE SOUTH 00°33'41" EAST, A DISTANCE OF 20.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'19"WEST,A DISTANCE OF 40.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 800 SQUARE FEET(0.018 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 SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°26'19" EAST BETWEEN THE 2"DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER
CORNER OF SECTION 32 TO THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 32.
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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
I
IIII VIII IIIIII IIIIII III'IIIII 'l' I'I I"I PE-B.doc, 1630701,8089 07/23/2008 04:45P Weld Coon Page 1 of 1
11 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between TRS Equities, LLC, whose address is
5460 S. Quebec St, Suite 110, Greenwood Village, Colorado 80111-1916 Grantor 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, Grantee.
Grantor hereby grants to the Grantee, its contractors, agents and all others deemed
necessary by Grantee, Temporary Construction Easements. Said Temporary Construction
Easements are for grading and shaping of existing roadway ditches and existing driveways
during the construction of improvements to Weld County Road#2, in and to, over, under and
across the following described land:
SEE EXHIBIT "A, Parcel # TE-7A, TE-7B, TE-7C and TE-7D
Together with all rights and privileges as are necessary or incidental to the reasonable and proper
use of such easements. Said temporary easements are subject to the following conditions and
covenants:
1. Said Temporary Construction Easements shall commence on June 15, 2008, and
shall expire and be of no further force or effect on December 31, 2008, or at the
end of road construction, which ever is earlier.
2. During the term of this temporary easement, Grantor shall not erect or construct,
or allow to be erected or constructed, any building or other structures which may
interfere with Grantee's full enjoyment of the rights hereunder.
3. As a condition of the granting of these Temporary Construction Easements, the
Grantee covenants and agrees to restore said lands to a level comparable to their
original condition.
4. All of the covenants herein contained shall be binding upon and inure to the
benefit of the parties hereto, their respective personal representatives, successors
and assigns
Page 1 of 2
1 111111 11111 111111 111111 1111 111111 11111 III 111111 III 1111
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v?00E—/ 757
5. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00)
dollars for the execution of these Temporary Construction Easements.
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto.
TRS EQUITIES, LLC
1 .,1.1 1 ..,2 � ./,--irv^- C*------
it Bore Shipman, Agent l
STATE OF COLORADO )
)ss
COUNTY OF t �faSc )
The foregoing instrument was acknowledged before me this Rik- day of
,, , 2008, by Theodore Shipman, Agent for TRS Equities, LLC
-ir my hand and official seal. \
NOTARY 'i t1 �LQ[cIM r—+�- 2 \ otar ubli
. PUBLIC .,
•4141 • fission expires: -1\020v
nnv Con nisaon Expires JIIf 8,1011
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: TTY
OF WELD STATE OF
•\ L�: RADO, GRANTEE
va f,t D ty Cl to the Bo r � m H. Jerke Chairman, Board of
Commissioners. JUN 2 3 2008
Page 2 of 2 pages
1111111 11111 111111111111111111111111111II11111111111111
3568089 07/23/2008 04:45P Weld County, CO
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0 -/757
EXHIBIT"A"
PARCEL NUMBER: TE-7A
DATE: JANUARY 02, 2008
DESCRIPTION
A TEMPORARY EASEMENT NO.TE-7A CONTAINING 1,500 SQUARE FEET(0.034 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID
TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER NORTH 01°04'15"WEST,A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°26'19" EAST,A DISTANCE OF 821.24 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°33'41"WEST,A DISTANCE OF 10.00 FEET;
2. THENCE NORTH 89°26'19" EAST,A DISTANCE OF 150.00 FEET;
3. THENCE SOUTH 00°33'41" EAST, A DISTANCE OF 10.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'19"WEST,A DISTANCE OF 150.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,500 SQUARE FEET(0.034 ACRES), MORE OR LESS.
FOR THE PURPOSES OF A CUT SLOPE AND TO REMOVE AND REPLACE AN EXISTING FENCE.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°26'19" EAST BETWEEN THE 2" DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER
CORNER OF SECTION 32 TO THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 32.
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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
111III 11111 1111 lil$1 TE-7A.doc,16307-01,01-02-2008 InlI II�!J1 III�II� TE-7A doc,,6307.0,,0,.02-2008
Page t of t
3568089 07/23/2008 04:45P Weld County, rk
14 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"A"
PARCEL NUMBER:TE-7B
DATE: JANUARY 02,2008
DESCRIPTION
A TEMPORARY EASEMENT NO. TE-7B CONTAINING 2,000 SQUARE FEET(0.046 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID
TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER NORTH 01°04'15"WEST, A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER;THENCE ALONG SAID PARALLEL LINE NORTH 89°26'19" EAST,A DISTANCE OF 1071.24 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°33'41"WEST,A DISTANCE OF 10.00 FEET;
2. THENCE NORTH 89°26'19" EAST,A DISTANCE OF 200.00 FEET;
3. THENCE SOUTH 00°33'41" EAST, A DISTANCE OF 10.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'19"WEST,A DISTANCE OF 200.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,000 SQUARE FEET(0.046 ACRES), MORE OR LESS.
FOR THE PURPOSES OF A FILL SLOPE AND TO REMOVE AND REPLACE AN EXISTING FENCE.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°26'19" EAST BETWEEN THE 2" DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER
CORNER OF SECTION 32 TO THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 32.
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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
111111111111111111111111 liii 11111111111 III 111111 III ���� TE-78.doc, 16307-01,01-02-2008
3568089 07/23/2008 04:45P Weld County, CO Page 1 of i
15 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT"A"
PARCEL NUMBER:TE-7C
DATE: FEBRUARY 18,2008
DESCRIPTION
A TEMPORARY EASEMENT NO. TE-7C CONTAINING 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID
TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER NORTH 01°04'15"WEST,A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°26'19"EAST, A DISTANCE OF 561.03 FEET
TO THE WESTERLY RIGHT OF WAY LINE OF THE EAST BURLINGTON EXTENSION DITCH AND THE POINT
OF BEGINNING;
1. THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 09°3520" EAST,A DISTANCE OF
51.46 FEET;
2. THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE SOUTH 80°39'49" EAST,A DISTANCE
OF 20.00 FEET;
3. THENCE SOUTH 09°35'20"WEST,A DISTANCE OF 47.96 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'19"WEST, A DISTANCE OF 20.32 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS.
FOR THE PURPOSES OF FIELD ACCESS.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83(1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32,TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°26'19"EAST BETWEEN THE 2" DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER
CORNER OF SECTION 32 TO THE 2"DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 32.
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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
TE-7C.doc, 16307-01,02-18-2008
Page 1 of 1
1 1111 11111 111111 111111 1111 111111 11111 III 111111 Hill
3568089 07/23/2008 04:45P Weld County, CO
16 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"A"
PARCEL NUMBER:TE-7D
DATE: FEBRUARY 18,2008
DESCRIPTION
A TEMPORARY EASEMENT NO. TE-7D CONTAINING 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID
TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32;THENCE ALONG THE
WESTERLY LINE OF SAID SOUTHEAST QUARTER NORTH 01°04'15"WEST,A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER;THENCE ALONG SAID PARALLEL LINE NORTH 89°26'19" EAST,A DISTANCE OF 618.69 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 02°14'56" EAST,A DISTANCE OF 50.49 FEET;
2. THENCE SOUTH 87°45'04" EAST, A DISTANCE OF 20.00 FEET;
3. THENCE SOUTH 02°14'56"WEST, A DISTANCE OF 49.51 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'19"WEST, A DISTANCE OF 20.02 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS.
FOR THE PURPOSES OF FIELD ACCESS.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83(1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°26'19" EAST BET/VEEN THE 2" DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER
CORNER OF SECTION 32 TO THE 2"DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 32.
L2&61
ss%nJ�L LAND`�
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
11111111111111111111111 IIII 11111111111 III 111111 TE-7D.doc, 16307-01•Page 10f 1
08
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17 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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