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Home My WebLink About20080989.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT, GRANT OF PERMANENT EASEMENT,AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 74 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - STEPHEN AND JOANN CECIL 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 74 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 Stephen and Joann Cecil, 36626 County Road 59, Eaton, Colorado 80615, commencing upon full execution,with further terms and conditions being as stated in said agreement and easements, 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 74, 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 Stephen and Joann Cecil, 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. 2008-0989 lL " i /6�© fL tJ � %5O8 AGREEMENT FOR CONVEYANCE OF EASEMENT, GRANT OF PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 74 - STEPHEN AND JOANN CECIL 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 WELD COUNTY, COLORADO ilATTEST: H. Jerke, Chair Weld County Clerk to the Board fe,ca _ BY: ce-e�(r'�= ' � ?7c A. F � of s�D. Made Pro-Tem DeputfClerk to the Boar. } JIM'S -'(/ -Willi F. Garc AP" • 'EDA O : �✓` David E. Long, Acting Chi Pro-Tem ou y ~ of-hey Douglas ademach r y j�—° Date of signature: 2008-0989 EG0058 rt""t MEMORANDUM ITO: Clerk to the Board DATE: March 28, 2008 C. FROM: Leon Sievers, Public Works COLORADO 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 the improvements to WCR 74 with Stephen W. and Joann M. Cecil The appropriate documentation is attached. M:\Francie\Agenddzon.doc 2008-0989 791 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 74 BETWEEN STEPHEN W. AND JOANN M. CECIL AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this / day of cnitucL- , 2008,by and between Stephen W. and Joann M. Cecil, whose address is 36626 Weld County Road 59, Eaton, Colorado 80615, 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 10`h Street, Greeley, Colorado 80631,hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 74, and WHEREAS, Owner owns property described in the attached Easement Exhibits "A", "B", "C", and "D"hereinafter referred to collectively as "Easement", and WHEREAS, County needs said Easements to install and maintain a roadway culvert, 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 Form Exhibit "A" and Temporary Construction Easement Form 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 2 Pages 1 MID 11111 111111 11111 III 11I1111I III 11111 1111 IIII 3549791 04/24/2008 03:39P Weld County, CO 1 of 10 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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. Upon completion of the installation of the roadway culvert, County agrees to restore the area to it's original condition. 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. eOwner Jo M. Cecil, Owner ATTEST: siti; :. ARD OF COUNTY COMMISSIONERS 1861 .i 4.. WELD COUNTY, STATE OF �� LORADO Weld County Clerk to the Board BY: �("&'≤ �..rt.. BY: VL��✓ Deputy Clerk to the Board William H. Jerke, Chairman APR 0 2 2008 Page 2 of 2 Pages 1 EDI11111111111Iliii Iliii iil EMI III 111111111Ills 3549791 04/24/2008 03:39P Weld County, CO 2 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder "EXHIBIT A" GRANT OF PERMANENT EASEMENT (Stephen W. Cecil and Joann M. Cecil-Weld County) This Grant of Permanent Easement is made by and between Stephen W. Cecil and Joann M. Cecil, whose address is 36626 Weld County Road 59, Ault, Colorado 80615 (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 10`h 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 appurtenances. The location of the easement parcel is described as follows: See Easement Exhibits "A" and"B" 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 appurtenances. 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 appurtenances. 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. Page I of 2 page 111111111111 111111 1111111111111111111111 IIII IIII 3549791 04/24/2008 03:39P Weld County, CO 3 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a)32 /�� IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: OWNER: s t� e N Step e W.W. Cer Joa . Cecil, Owner STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 02 / day of `1'1(2/tG .— , 2008, by Stephen W. Cecil and Joann M. Cecil, Owners Witness my hand and official seal. tary Publ c My commission expires: 101 . /V- O9' The Grantee hereby accepts this easement for the purposes set forth herein on this the sea — day of /9yril l , 2008 /1 ATTEST: 1) C l' 4 . . - , � COUNTY OF WELD, STATE OF COLORADO, GRANTEE \ IS61 (, ;''s:2. Deputy Clerk to the Board e t\(,,,,y,'' '. 1 William H. Jerke, Chairman, Board of l County Commissioners of Weld County, ` Colorado APR 0 2 2008 Page 2 of 2 page AR IIIII IIIIII IIIII III III IIIIIIII III 11111 IIII IIII 3549791 04/24/2008 03:39P Weld County, CO 4 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT-A A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION #3510008, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 43.00 FEET OF THE WESTERLY 352.00 FEET OF THE NORTHERLY 22.00 FEET OF THE SOUTHERLY 52.00 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 36, TOWNSHIP 7 NORTH, RANGE 64 WEST. SAID PARCEL CONTAINS 946 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM DEED RECORDED OCTOBER 10, 2007 UNDER RECEPTION #3510008, - . mmi S i a g _ �. 0 S 0 =9 —3 a a —2 —o S = —N V N 6 S V C 6:41 , WELD COUNTY mw g ' PUBLIC WORKS DEPARTMENT V�`P WELD COUNTY ROAD 74 SHEET PERMANENT EASEMENT OWNER. STEPHEN W. & JOANN M. CECIL DATE: 3/17/08 COLORADO EXHIBIT 1 OF 1 • EXHIBIT-B A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 1 , TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION #2464100, LOT-B OF RECORDED EXEMPTION #0801 -01 -2-RE-1793, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 64 WEST, THENCE NORTH 89'00'22" EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1 , 317.32 FEET; THENCE SOUTH 00'59'38" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 74 AND THE POINT OF BEGINNING; THENCE SOUTH 00'42'38" EAST A DISTANCE OF 41 .73 FEET; THENCE NORTH 89'00'22" EAST A DISTANCE OF 40.33 FEET; THENCE NORTH 02'38'13" EAST A DISTANCE OF 41 .81 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 74; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89'00'22" WEST A DISTANCE OF 42.78 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1 ,734 SQUARE FEET MORE OR LESS. a ma. S THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY — a AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION — a et OBTAINED FROM RECORDED EXEMPTION #0801-01 -2-RE-1793, FILED UNDER an RECEPTION #2464100 ON NOVEMBER 16, 1995. mmi el =c 0 — = �� 9 `c —3 c —a --•FP,v =o_ o— = C —oo —o -v a aNQ (it: 6;.....;::, —ooc .—O WELD COUNTY 0,co ' PUBLIC WORKS DEPARTMENT W�` WELD COUNTY ROAD 74 SHEET PERMANENT EASEMENT COLORADO OWNER: STEPHEN W. & JOANN M CECIL DATE: 3/17/08 1 1 EXHIBIT OF "EXHIBIT B" TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Stephen W. Cecil and Joann M. Cecil, whose address is 36626 Weld County Road 59, Ault, Colorado 80615 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`" 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 installation of a roadway culvert, during the construction of improvements to Weld County Road #74, in and to, over, under and across the following described land: SEE EASEMENT EXHIBITS "C" and "D" 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 March 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 this Temporary Construction Easement, 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 5. Grantee will reimburse the Grantor the sum of One Hundred Twelve and 50/100 ($112.50) dollars for the value of the existing roadway fence that will be removed as part of the road construction project. Page 1 of 2 page 111111111111111111 IIIII 11111 III 11111111 III 11111 i1111111 3549791 04/24/2008 03:39P Weld County, CO 7 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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, adminis rators successors and assigns of the respective parties hereto. Stephe . Cecil, Owner Joa M. Cecil, Owner STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this a ) day of , 2008, by Stephen W. Cecil and Joann M. Cecil, Owners Witness my hand and official seal. ?; ?� `; i NotaryPu c o- e^, F(t J 11,CM'y„commission expires: �F C GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. 4 ^ " lid}ppqq /A ATTEST: f !/x/11 OUNTY OF WELD, STATE OF 'f s(1, ( LORADO, GRANTEE 0 ,Zr�r(11 Y /I ' ' t ..-- Deputy erk to the Board ilham H. Jerke, Chairman, Board of County Commissioners. APR 0 2 2008 Page 2 of 2 pages 1 Inn! 111111 11111 11111 III 111111II III 11111 I11I IIII 3549791 04/24/2008 03:39P Weld County, CO 8 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder n2a-O%499 EXHIBIT-C A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION #3510008, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 63.00 FEET OF THE WESTERLY 362.00 FEET OF THE NORTHERLY 32.00 FEET OF THE SOUTHERLY 62.00 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 36, TOWNSHIP 7 NORTH, RANGE 64 WEST. SAID PARCEL CONTAINS 2,015 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM DEED RECORDED OCTOBER 10, 2007 UNDER RECEPTION #3510008, — o, = =i = - C -C 9 N. —O_ -F.3I - I _co —C —N, N, ra cf.0 O milOI wow —mr WELD COUNTY =m IC WORKS DEPARTMENT W `PC PUBLIC WELD COUNTY ROAD 74 SHEET TEMPORARY CONSTRUCTION EASEMENT OWNER: STEPHEN W. & JOANN M. CECIL DATE: 3/17/08 COLORADO EXHIBIT 1 OF 1 EXHIBIT-D A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 1 , TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION #2464100, LOT-B OF RECORDED EXEMPTION #0801-01-2-RE-1793, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1 , TOWNSHIP 6 NORTH, RANGE 64 WEST, NORTH 89'00'22" EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1 , 307.45 FEET; THENCE SOUTH 00'59'38" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 74 AND THE POINT OF BEGINNING; THENCE SOUTH 00'42'38" EAST A DISTANCE OF 51.32 FEET; THENCE NORTH 89'00'22" EAST A DISTANCE OF 61 .00 FEET; THENCE NORTH 00'42'38" WEST A DISTANCE OF 51 .32 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 74; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89'00'22" WEST A DISTANCE OF 61 .00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,131 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM DEED RECORDED OCTOBER 10, 2007 UNDER RECEPTION n• #3510008, o -U - d 11 0y o co -O O il N -cv N jft a WELD COUNTY =WI ' PUBLIC WORKS DEPARTMENT W�`P� WELD COUNTY ROAD 74 SHEET TEMPORARY CONSTRUCTION EASEMENT DATE: 3/17/08 • OWNER: STEPHEN W. & JOANN M. CECIL COLORADO EXHIBIT OF Hello