HomeMy WebLinkAbout20071057 RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND AUTHORIZE CHAIR
TO SIGN ANY NECESSARY DOCUMENTS - JOHN AND PATTY WAGNER
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 for improvements to Weld County Roads 3 and 1.5, 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 John and Patty Wagner, 1018 Highway 52, Erie, Colorado
80516, commencing upon full execution, with further 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 for Conveyance of Easement for Improvements to Weld
County Roads 3 and 1.5, 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 John and Patty Wagner, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
4'\ EL UNTY COLD DO
r ('_
ATTEST: Atel
t'
It61 id E. Long, Chair
Weld County Clerk to the B rt-% _
BY: kirtt.Re9 Vail ' - � illiam H. J ke r em
k►� L
De ty Cle to the Bop.,:d �Ci77
Willia F. rcia
APP AS `4/_
Robert D. Masden'
oun y Attorney e�e
Douglas Radema er
Date of signature: 41 At 7
2007-1057
; /J FL P� EG0056
OS-/V -07
MEMORANDUM
' TO: Clerk to the Board DATE: 4/11/2007
C.
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Agreement for Conveyance of Easement Concerning Purchase of Right-of-way for Certain
Improvements to WCRs 3 and 1.5 with John D. Wagner and Patty J. Wagner.
Enclosed is one original agreement.
Enclosures
M:\Franc ie\Agend-Leon.doc
2007-1057
0
AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS
TO WELD COUNTY ROADS 3 AND 1 'A BETWEEN JOHN D.WAGNER AND PATTY
J. WAGNER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this '' day of 2 rd , ,\2007, by and between
JOHN D. WAGNER AND PATTY J. WAGNER whose add ess is 1 18 Highway 52, Erie,
Colorado 80516, hereinafter 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 Roads 3
and 1 ''A , and
WHEREAS, Owner owns the 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 shown and/or
described on Exhibit "A", attached hereto and hereinafter referred to herein as
the"Easement"for the sum of Five Hundred and no/100($500.00)dollars. This
consideration is being offered in lieu of condemnation.
2. Owner agrees to grant the 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.
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
1111111 11111 111111 11II 11111 111111 111111 III IIIII IIII IIII
3473458 05/03/2007 01:40P Weld County, CO
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Page 2 of 2
terms herein contained shall be binding on either party, or its agents 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 transfer 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 possess and use all the Easement for the purpose of said rebuilding and
improvement project.
6. County will reimburse the Owner the sum of One Hundred and no/100($100.00)
dollars for the value of fencing being removed due to the new road construction.
The fencing being removed is described as all fencing lying within the new
permanent easement area.
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.
OWNER: JOHN D. WAGNER O PATTY J. WAGNER
John D. Wagner Patty
�7���
ATTE / �(/!/GLti�i/( BOARD OF COUNTY COMMISSIONERS
WeldeohutyClerk t6 Board OF WELD COUNTY, STATE OF
' COLORADO
v` � ELe
By: BY:
,1 � L!/
Deputy Clerk to the Board David E. Long, Chair
I
PR 1 6 2007
ATTESTING TO BOARD OF COUNTY
'OMMiSSIONER S.GNATURES ONLY
1 111111 11111 111111 1111 11111 111111 111111 111 11111 IIII 101
3473458 05/03/2007 01:40P Weld County, CO
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P:\WELDCNTY\C40#I0A\Wagner\PE Agreement Wagner 3-9-07 doc
-)?er 2 -/c5/
EXHIBIT " A"
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP
1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, RECORDED EXEMPTION
NO.1467-O5-2-RE2433, FILED IN THE WELD COUNTY CLERK AND RECORDER'S
OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 5, ASSUMED TO
BEAR NO1'O2'5O"E A DISTANCE OF 1460.87 FEET FROM A NO. 5 REBAR FOUND AT
THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 5, TO A 2" ALUMINUM CAP L.S.#25937 FOUND AT THE
NORTHWEST CORNER OF SAID SECTION 5;
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF HIGHWAY 52,
SAID POINT BEARS S38'O6'O4"E A DISTANCE OF 47.66 FEET FROM SAID NORTHWEST
CORNER OF SECTION 5;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE
COURSES;
1 ) 589'35'17"E A DISTANCE OF 1 .52 FEET;
2) THENCE N44'39'39"E A DISTANCE OF 9.90 FEET;
3) THENCE S89'45'26"E A DISTANCE OF 11 .65 FEET;
THENCE SO1'O2'46"W A DISTANCE OF 25.00 FEET; THENCE N89'45'26"W A DISTANCE
OF 20.00 FEET; THENCE NO1'O2'46"E A DISTANCE OF 17.94 FEET TO THE POINT OF
BEGINNING; WHENCE SAID SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 5 BEARS SO2'15'28"W A DISTANCE OF 1424.23
FEET;
SAID PARCEL CONTAINS 465 SQUARE FEET OF LAND, MORE OR LESS.
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,
DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY
SUPERVISION D IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
�pO RE
�S
pet•
•
CHRISTOPH . 31158 / DATE
FOR AND HA • 'oF •: •�SION SURVEY & MAPPING, INC.
*4 • ANA
1111111 1811111111111111 I I 111111111111111 I I I I I I I I 1111 1111
3473458 05103/2007 01.40P Weld Counry, CO
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SHEET 1 OF 2
EXHIBIT MAP "A"
NW COR SEC 5 7.,. `\O-
T1N,
R68W, 6TH PM •r,
FOUND 2" ALUMINUM m `\F
CAP L.S.# 25937 \ HIGHWAY 52
I
I
\\(7‘
\( L3
\<J j SLY R/W LINE s
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POINT OF
BEGINNING
(O J
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• PERMANENT
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13 R.O.W. EASEMENT
z REC NO 2364481
J w w w w
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3 OWNER:
w tr M M it JOHN & PATTY WAGNER
Z 03 CO a 00 RECEPTION NO. 2726670
J m CO Z cm
I
w I
z ,_ N M 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS
J J J J OF THE COUNTY ASSESSOR.
I 2.) ACCORDING TO COLORADO LAW, YOU MUST
I COMMENCE ANY LEGAL ACTION BASED UPON ANY
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT
MAY ANY ACTION BASED UPON ANY DEFECT IN THIS
SURVEY BE COMMENCED MORE THAN TEN YEARS
I AFTER THE DATE OF THE CERTIFICATION SHOWN
HEREON.
w1 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO
b SHOW THE LOCATION OF THE EASEMENT(S).
!n 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND
IN VOID IF IT DOES NOT BEAR THE ORIGINAL
SIGNATURE AND SEAL OF THE PROFESSIONAL LAND
SW COR NW1/4 NW1/4 z SURVEYOR OR IF ALTERED IN ANY WAY.
SEC 5, T1N, R68W,
6TH P.M. FOUND NO. 5
REBARRR-NryOry��y CAP
nn 1,MI�t' rNln EXHIBIT MAP "A"
III I !MV ,Rj, DRN. 6Y: A.R.S. FlLE: WCR 3 WELD COUNTY ROAD 3
CHKD. BY: J.F•L. SHEEP: 2 OF 2 JOHN & PATTY WAGNER
1780 S. Bellaire St., Ste. 230 PATE; 10/06/06 Jpg I.R6102 NW1/4 SEC 5, T1N, R68W, 6Th PM
--Q!,
Denver, CO 80222 1'=20' 465 SQ. Ff.
TEL•(303)753-8789 FA%.(303)753-4044 SCALE: AREA: COUNTY OF WELD, STATE OF COLORADO
L'H-)
MEMORANDUM
' TO: Clerk to the Board DATE: June 12, 2007
C.
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Consent Agenda Item
Grant of Permanent Easement with John D. Wagner and Patty J. Wagner for road improvements to
WCR 3.
The appropriate documentation is attached.
M:\Francie\AgendaChairSignature.doc
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GRANT OF PERMANENT EASEMENT
(John D. Wagner and Patty J. Wagner -Weld County)
This Grant of Permanent Easement is made by and between JOHN D. WAGNER AND
PATTY J. WAGNER whose address 1018 HWY 52 Erie, Colorado 80516 (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 installing and maintaining a culvert underneath
the roadway.
The location of the easement parcel is described as follows:
See Easement Exhibit"A" and Easement Exhibit Map
The Permanent Easement hereby conveyed is for the construction, operation and
maintenance of said culvert. 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 daily operation, access and
maintenance of said 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, cleaning out 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.
Page I of 2 page
HID 11111 VIIII 11111 111111 III DOB III VIII IIII III
3485347 06/22/2007 01:51P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
case /CS/
IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
OWNER: JOHN D. WAGNER O R: PATTY J WAGNER
.0 261° \
J n D. Wagner atty J. Wagn
I
STATE OF COLORADO ) ►►►►uunE� ,
)ss. ��%%0 ..—AN • 0
COUNTY OF WELD ) �r f$0T11 1_
9 l
The foregoing instrument was acknowledged before me this q day of t3 .o�"< i
Jan/E , 2007, by John D. and Patty J. Wagner. 9�'�+. Al/
!p`4
Witness my hand and official seal. '���i°"RCOLo%%%%% 1
Notary Public
My commission expires: Z/7/?e/o
The Grantee hereby accepts this easement for the purposes set forth herein on this the 18th
day of June , 2007
COUNTY OF WELD, STATE OF
ATTEST: tah ;_, COLORADO, GRANTEE
7
/ Vim/
De ty Cl '< to the Bo d ` sit David E. Long, Chairman, oard of County
,�{'��� Commissioners of Weld unty, Colorado
L s' 06/18/2007
1111111111111111111111111111 I I 11111111 MOM 111111 I I I I J it l
3485347 06/22/2007 01:51? Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 2 of 2 page
„look ion
EXHIBIT "A"
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP
1 NORTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, RECORDED EXEMPTION
NO.1467-05-2-RE2433, FILED IN THE WELD COUNTY CLERK AND RECORDER'S
OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 5, ASSUMED TO
BEAR NO1'02.50"E A DISTANCE OF 1460.87 FEET FROM A NO. 5 REBAR FOUND AT
THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 5, TO A 2" ALUMINUM CAP L.S.f25937 FOUND AT THE
NORTHWEST CORNER OF SAID SECTION 5;
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF HIGHWAY 52,
SAID POINT BEARS 538'06'04"E A DISTANCE OF 47.66 FEET FROM SAID NORTHWEST
CORNER OF SECTION 5;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE
COURSES;
1) S89'35.17"E A DISTANCE OF 1.52 FEET;
2) THENCE N44'39.39"E A DISTANCE OF 9.90 FEET;
3) THENCE 589'45'26"E A DISTANCE OF 11.65 FEET;
THENCE S01'02'46"W A DISTANCE OF 25.00 FEET; THENCE N89'45'26"W A DISTANCE
OF 20.00 FEET; THENCE NO1'02.46"E A DISTANCE OF 17.94 FEET TO THE POINT OF
BEGINNING; WHENCE SAID SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 5 BEARS 502'15.28"W A DISTANCE OF 1424.23
FEET;
SAID PARCEL CONTAINS 465 SQUARE FEET OF LAND, MORE OR LESS.
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,
DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY
SUPERVISION D IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
loll` P 7111. �.:1 /0
CHRISTOPH ;" �Y '• 31158 DATE
FOR AND ••: jf A •r,�F "','SION SURVEY & MAPPING, INC.
!QrY••.**.c,
'4 PO
111111 11111 111111 11111 111111 111 1111111 111 11111 11111111
3485347 06/22/2007 01:51P Weld County, CO
3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
SHEET 1 OF 2
EXHIBIT MAP "A"
eS:
NW COR SEC 5 m D,
TIN, RUM, 6TH PM ci FOUND 2" ALUMINUM
CAP L.S.# 25937 _ N HIGHWAY 52
9o,,_ L3
�F �� SLY R/W LINE
3\L11
POINT OF
BEGINNING
LO
PERMANENT
I EASEMENT
L5
465 SQ. FT. *
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Q O O :
F O O 0)
N Ili ^ LOT B
E N N
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Tu 3 3 w z
co 0 To To To la
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RECORDED EXEMPTION
N 'T) E" NO. 1467-05-2—RE2433
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w
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a _ m —� f UNITED POWER O
I3 R.O.W. EASEMENT a Ca
REC NO 2364481
W W W W �G CC
m � � � 0 z _�VW
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DJ or LID » v JOHN & PATTY WAGNER =
Z 90 Cl a an RECEPTION NO. 2726670 ma
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(n Z (n 9 i
O O
a
_--
Z r- N n LA I 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS d j
7 -_ -I _I OF THE COUNTY ASSESSOR. arm.,mod„
2.) ACCORDING TO COLORADO LAW, YOU MUST la LO GO
COMMENCE ANY LEGAL ACTION BASED UPON ANY
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER O a
IYOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT
MAY ANY ACTION BASED UPON ANY DEFECT IN THIS O
SURVEY BE COMMENCED MORE THAN TEN YEARS O
I AFTER THE DATE OF THE CERTIFICATION SHOWN a N
HEREON. CM O
wl 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO InaN O
o I SHOW THE LOCATION OF THE EASEMENT(S). a G O
!N 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND aCC
o VOID IF IT DOES NOT BEAR THE ORIGINAL a
SIGNATURE AND SEAL OF THE PROFESSIONAL LAND et
SW COR NW1/4 NW1/4 z SURVEYOR OR IF ALTERED IN ANY WAY. arm L'2`
SEC 5, TIN, R68W, a 03 0
6TH P.M. FOUND NO. 5 —M
REBARR-NO CAP
ryyrypry��R EXHIBIT MAP "A"
111LNNN1 JUIIILI 1 X01 NC.
ORN. BI: AR.5. FILL WCR 3 WELD COUNTY ROPD 3
CRR Hi: .R.S. sHo 2 OF 2 �IOHN h PATtt WAGNFR
1780 5. Bellaire 6L. 6b. 230 M1L 10/08/06 Mpg �;R6102 NW1/4 SEC 5, TIN, R68W, 6TH PM
41,
Denver. CO 80222 ( ) I'�20' 465 SO. FT.
TEL(303)753-9799 FAX:(303)753-4044 753-4044 SCALE: MU COUNTY OF WELD, STATE OF COLORADO
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