HomeMy WebLinkAbout20080987.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT, GRANT
OF PERMANENT EASEMENT,AND TEMPORARY CONSTRUCTION EASEMENT FOR
IMPROVEMENTS TO COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN ANY
NECESSARY DOCUMENTS - MOUNTAIN STATES LINE CONSTRUCTORS JACT
BUILDING CORPORATION
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
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 Mountain States Line Constructors JACT Building Corporation, 7001 South 900 East#240,
Midvale, Utah 84047, commencing upon full execution, with further terms and conditions being as
stated in said agreement and esements, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, and
accept said grant of permanent easement and said temporary construction 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, a Grant of Permanent
Easement,and a Temporary Construction Easement for 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 Mountain States Line Constructors
JACT Building Corporation, be, and hereby are, approved and accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign all necessary documents.
2008-0987
net. AGcl EG0058
/��L v S—O e
AGREEMENT FOR CONVEYANCE OF EASEMENT,GRANT OF PERMANENT EASEMENT,AND
TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 2 -MOUNTAIN
STATES LINE CONSTRUCTORS JACT BUILDING CORPORATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/J /J//////// WELD COUNTY, COLORADO
ATTEST: teri �l�l/u 11 E.17,:r:,
""� H. Jerke, Chair
Weld County Clerk to the Boar �
`1E l` " ,-EXCU ED
� , Robert D. en, Pro-Tem
BY: ��� �� e.^ /J
DeputyClerk to the Board ` /
Will F. Garcia
APP-ROV ,S-T M: skit LC
David E. Long >
torney an 7(Q G#o.(,
Dougla Radema her
Date of signature: ce
2008-0987
EG0058
•
MEMORANDUM
1C. TO: Clerk to the Board DATE: March 28, 2008
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Agenda Item
Please submit the following items for the Board's next agenda:
➢ Agreement for Conveyance of Easement
➢ Grant of Permanent Easement
➢ Temporary Construction Easement
for improvements to WCR 2 with Mountain States Line Constructors Jact Building Corporation
•
The appropriate documentation is attached.
M:\Francie\Agend-Leortdoc
2008-0987
AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY
ROAD 2 BETWEEN MOUNTAIN STATES LINE CONSTRUCTORS JACT BUILDING
CORPORATION AND WELD COUNTY, COLORADO 601
THIS AGREEMENT is made and entered into this 0 day of /yn
pr;/ , 2008, by and
between Mountain States Line Constructors JACT Building Corporation, whose address is 7001 South
900 East #240, Midvale, UT 84047 , 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 Exhibit "A" and "B",
hereinafter referred to collectively as "Basement", 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 Exhibit "A" and "B", 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 Easement Exhibit "C" and "D", free and clear
of all encumbrances, except existing easements.
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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 One Thousand Four Hundred
and no/100 ($1400.00) dollars to offset the cost for the owner to replace
approximately 560 If of the 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.
MOUNTAIN STATES LINE CONSTRUCTORS
JACT BUILDING CORPORATION
)\
By: Kent augh hal
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ATTEST: /// �TSSst BOARD OF COUNTY COMMISSIONERS
JJJbb�� , `� OF WELD COUNTY, STATE OF
" COLORADO
Weld County Clerk to the B' F .),
Vt Az;,____1_
BY: C� ,-��4 ��4r1I -�c��; BY: /
Deputy C -rk to the Board '� `` William H. Jerke, Chairman
APR 0 2 2UUb
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"EXHIBIT C"
GRANT OF PERMANENT EASEMENT
(Mountain States Line Constructors JACT Building Corporation -Weld County)
This Grant of Permanent Easement is made by and between Mountain States Line
Constructors JACT Building Corporation, A Utah Corporation, whose address is 7001 South 900 East
Ste. 240, Midvale, UT 84047 (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 of a roadway culvert and
associated appurtenances.
The location of the easement parcel is described as follows:
See Exhibit"A"Parcel Number PE-36
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 and associated appurtances. 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.
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IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
OWNER:
Western States Line Constructors
J CT Building Corporation
by: Kent Maughan, i
STATE OF
)ss.
COUNTY OF sitcr cracks)
The foregoing instrument was acknowledged before me this ZS day of
M IA+e-e i1 , 2008,by Kent Maughan, Chairman ... • • -tors
IMBLE
JACT Building Corporation NOTARY PUBLIC•STATE OF UTAH
,0 'e� - 7001 SOUTH 900 EAST,#150
MIDVALE,UT 84047
Witness my hand and official seal. COMM. EXP.08-29-2009
Notary Public
My commission expires: _" 11.
� �
( a9 (zOo9.
The Grantee hereby accepts this easement for the purposes set forth herein on this the
day of , 2008
1 .ice,
D,� 72
UNTY OF WELD, STATE OF
ATTEST: M ' 1 /te g6I ORADO, GRANTEE
Deputy/Clerk to the Board William H. Jerke, Chairman, Board of
County Commissioners of Weld County,
Colorado APR 0 2 2008
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EXHIBIT"A"
PARCEL NUMBER: PE-36
DATE: FEBRUARY 18,2008
DESCRIPTION
A PERMANENT EASEMENT NO. PE-36 CONTAINING 500 SQUARE FEET(0.011 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 1.24 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 50.00 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 50.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 500 SQUARE FEET(0.011 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.
1/4‘0,0 R F
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"-s..I. LAN`)S,.'
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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
PE-36.doc,16307-01,02-18-2008
Page 1 of 1
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EXHIBIT D
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Mountain States Line Constructors JATC
Building Corporation,whose address is 7001 S. 900 E. #240, Mi.dval e UT 84047 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 10th Street Greeley, Colorado 80631,
Grantee.
Grantor hereby grants to the Grantee, its contractors, agents and all others deemed
necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction
Easement is for grading and shaping of the existing roadway ditch, during the construction of
improvements to Weld County Road#2, in and to, over, under and across the following
described land:
SEE EXHIBIT "B", Parcel #TE-36
Together with all rights and privileges as are necessary or incidental to the reasonable and proper
use of such easement. Said temporary easement is subject to the following conditions and
covenants:
1. Said Temporary Construction Easement shall commence on June 1, 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 this Temporary Construction Easement, the
Grantee covenants and agrees to restore said lands to a level comparable to their
original condition. The new driveway will be constructed of an asphalt surface
similar to the existing driveway.
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
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(910- 0967 %
5. Grantee will reimburse the Grantor the sum of Fourteen Hundred and no/100
($1400.00) dollars for the value of the existing roadway fence that will be
removed as part of the road construction project.
6. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00)
dollars for the execution of this Temporary Construction Easement.
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.
MOUNTAIN STATES LINE CONSTRUCTORS
JACT BUILDING CORPORATION
by: Mr. Kent Maug , Chai
STATE OF (2.1-4\1:k )
)ss
COUNTY OF s C-( cm cc.--)
The foregoing instrument was acknowledged before me this ?S day of
444\-re-c-i , 2008, by Kent Maughan, Chairman of Mountain States Line Comstructors
JACT Building Corporation.
DANICE TRIMBLE
fl NOTARY PUBLIC.BTATE Of Uim
Witness my hand and official seal. :00 7001ZUATHL yo%E AST,1N
COMM.IXP.08-29-2008
Notary Public
C L,
My commission expires:
73(z. 9 izan9
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
I .
ATTEST: iV V ' COUNTY OF WELD, STATE OF
; , COLORADO, GRANTEE
Deputy C erk to the Board U NI ham H. Jerke, Chairman, Board of
County Commissioners.
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EXHIBIT"4E"
PARCEL NUMBER: TE-36
DATE: FEBRUARY 18,2008
DESCRIPTION
A TEMPORARY EASEMENT NO.TE-36 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 171.23 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 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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J•.. ...•• cO`�
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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-36.doc,16307-01,02-18-2008
Page 1 of 1
1 11111111111 111111 11111 1111 11111 till I I I I I I I 1111 1111
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