HomeMy WebLinkAbout20071771.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT
OF PERMANENT EASEMENT FOR IMPROVEMENTS TO COUNTY BRIDGE 87/42.5
AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - DAVID YOCAM
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 Grant of Permanent Easement for improvements to County Bridge 87/42.5,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 David Yocam, 43781 County
Road 42.5, Orchard, Colorado 80649, commencing upon full execution, with further 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
accept said 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 Grant of Permanent
Easement for improvements to County Bridge 87/42.5, 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 David Yocam be, and hereby are, approved and accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement and grant of permanent easement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of June, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
airt
ATTEST: gala v" rj, . * _'CUSED
• d E. Long, Chair
Weld County Clerk to the Bo! ,
.USED
`►r &t& )'' iami price, -Tem
� • ,
De.) y Cle to the Bo: d �..r�
Will F. Garcia
APP D AS T • &� 1\ND
Robert D. Masden, Acting Chair Pro-Tem
ounty Attorney
ougla kdemac er
Date of signature: 7 k(07
2007-1771
, EG0056
Pn ( Pty, >2 ,,-2_ 6,-ow-O-7
rest ‘it-He.
MEMORANDUM
TO: Clerk to the Board DATE: 6/21/2007
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Agreement for Conveyance of Easement and Grant of Permanent Easement with David Yocam
for the improvements to Bridge 87/42.5.
The appropriate documentation is attached.
M:\Francie\Agend-Leon.doc
(]-fi.IE ,P `a
0E Z d I Z PNfl L001
Si)3N0ISSINN03
A1Nf100 013M
2007-1771
•
957
AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY
BRIDGE 87/42.5 OVER SOUTH PLATTE RIVER NEAR MASTERS CO. BETWEEN DAVID
YOCAM AND WELD COUNTY, COLORADO
THIS AGREEMENT is made and entered into this 025_day of June , 2007, by and
between David Yocam, Owner, whose address is 43781 County Road 42.5, Orchard, CO 80649,
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 Bridge
87/42.5 over the South Platte River, near Masters, CO. and
WHEREAS, Owner owns 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 Bridge improvement.
NOW, THEREFORE, the parties herein agree as follows:
I. 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 One Thousand Five Hundred and no/100
($1,500.00) 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 "A", free and clear of all
encumbrances, except existing easements.
11111111111111111111111110111111111111 I I 11111111111111
3491957 07/20/2007 02:39P Weld County, CO
1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
Page 1 oft Pages
&v7- /72/
•
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 replace any 4-strand barb wire fencing damaged during
construction along the existing right of way and will maintain enclosure during
construction.
7. Trees removed within easement area will be cut to ground level and all debris
removed.
8. County will plant ten (10) 3-inch diameter trees along / outside the east boundary
of the easement.placement locatio ,to be coordinated with the owner. L cad;oh
of trecs to be /°/.<.sP so as Ao1 to inler/iee min
0 Ott 4,^/i4C /A At ta7faee Owgl,► _y 4 ies firs.:n-104 to
tn ter ,Ora e...tr to /o /a.. 7 tit<3. reg.
IT IS MUTUALLY AGREED that the terms and conditioriS 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.
111111 IIIII Ell MILIEU IIIII 1111 X01 3491957 07/20/2007 02:39P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 2 of 2 Pages
•
OWNER:
DAVID YOCAM
• t
David Yocam, Om)ner
ATTEST: oat BOARD OF COUNTY COMMISSIONERS
a OF WELD COUNTY, STATE OF
��. COLORADO
Weld County Clerk to the B t f it's•
, tab
/di ': _ � BY:_QCIA
Dep Cler!;o the Board ert D. Masden,Acting Chairman Pro-Tem
06/25/2007
111111111111111111111111111 111111111111 111111111111 1111
3491957 07/20/2007 02:39P Weld County, CO
3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
Page 3 of 2 Pages
Goa 7-/7i
•
BRO CO30-032
PARCEL NUMBER:PE-2
EXHIBIT"A"
PROJECT NUMBER: BRO C030-032
PARCEL NUMBER: PE-2
PROJECT CODE: 14990
DATE: MARCH 30, 2007
PROPERTY DESCRIPTION
A TRACT OR PARCEL OF LAND NO. PE-2 OF WELD COUNTY, STATE OF COLORADO, PROJECT
NO. BRO C030-032, CONTAINING 3,111 SQUARE FEET(0.071 ACRES), MORE OR LESS, BEING A
PORTION OF THAT PROPERTY AS DESCRIBED IN THE DEED RECORDED AT RECEPTION NO.
3307082 OF THE WELD COUNTY RECORDS, LOCATED IN THE NW 1/4 OF SECTION 20,
TOWNSHIP 4 NORTH, RANGE 61 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, IN WELD COUNTY,
COLORADO, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, T. 4 N., R. 61 W., OF THE 6TH
P.M.; WHENCE THE EAST 1/4 CORNER OF SECTION 19 BEARS S 01°02'05" E, A
DISTANCE OF 2665.53 FEET; THENCE N 88°55'05" E ALONG THE NORTH LINE OF THE NW 1/4 OF
SECTION 20, A DISTANCE OF 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD NO. 87 (MARCH 2007)AND THE POINT OF BEGINNING:
1. THENCE N 88°55'05" E ALONG THE NORTH LINE OF THE NW 1/4 OF SECTION 20, A
DISTANCE OF 24.48 FEET;
2. THENCE S 02°33'01"W,A DISTANCE OF 160.08 FEET;
3. THENCE S 88°57'55"W,A DISTANCE OF 14.47 FEET TO THE EAST RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD NO. 87 (MARCH 2007);
4. THENCE N 01°02'05"W ALONG THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
NO. 87(MARCH 2007), A DISTANCE OF 159.74 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3,111 SQUARE FEET (0.071 ACRES) OF LAND,
MORE OR LESS.
BASIS OF BEARINGS:ALL BEARINGS ARE BASED ON THE LINE CONNECTING THE N.E. CORNER
OF SECTION 19, AND THE EAST 1/4 CORNER (E 1/4) OF SECTION 19, TOWNSHIP 4 NORTH,
RANGE 61 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING A GRID BEARING OF S 01°02'05" E
2665.53' AS OBTAINED FROM A GLOBAL POSITIONING SYSTEM (GPS) SURVEY BASED ON THE
COLORADO HIGH ACCURACY REFERENCE NETWORK(CHARN). SAID GRID BEARING IS NAD 83
(1992) COLORADO STATE PLANE (NORTH ZONE). SAID LINE IS MONUMENTED AT THE N.E.
CORNER OF SECTION 19 WITH A FOUND 3 1/4" DIAMETER BLM BRASS CAP, 0.6 FEET BELOW
SURFACE OF GRAVEL ROAD, STAMPED "U.S. DEPT. OF INTERIOR, S18, S17, S19, S20, T4N,
R61W, 1974, CADASTRAL SURVEY, BUREAU OF LAND MANAGEMENT", AND THE EAST 1/4
CORNER OF SECTION 19 WITH A FOUND 3 1/4" DIAMETER ALUMINUM CAP, 0.4 FEET BELOW
SURFACE OF GRAVEL ROAD, STAMPED "McRAE& SHORT, INC, 1/4 S19IS20, T4N R61W, 1998, LS
7242".
1\ I�9,0flE6/n14.
UO,4S' 4.0.4
. ...
Tcp' 'k
//o3/o7 2: -
zrz
Yid
GE-6V: F.S�ER NSON, PLS NO. 23521
FORS. T��;�YY,`g, I. (.F'OFTHELUNDPARTNERSHIP, INC.
12265 LAKEWOOD, C 80228' SUITE 130
1111111111111111IIII1111111VIIIIII1111IItIIII
3491111
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
O
GRANT OF PERMANENT EASEMENT
This Grant of Permanent Easement is made by and between David Yocam
(Owner), whose address is 43781 County Road 42.5 Orchard, CO 80649
(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 the
relocation and maintenance of utilities.
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 utilities. 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 utilities. This
conveyance shall be deemed to include sufficient land for the construction and
maintenance thereof including rights of entry upon, passage over any of material
and equipment on such area as may be necessary or useful for the construction,
maintenance, and repair of said utilities.
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.
11111111111111111111111IIII111111111111III IIIII
3491958 07/20/2007 02:39P Weld County, CO
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
&0o7-/77/
IN WITNESS WHEREOF, the parties have set their hands hereon upon the
dates of acknowledgment set forth below.
OWNER:
�.
David Yoe
STATE OF COLORADO )
)ss.
COUNTY OF )
441
The foregoing instrument was acknowledged before me this I9, day of
tv�y_ , 2007, by, David Yocam, Owner.
Witness my hand and official seal.
sere--
seta, ^'+
otal'P'Ribl.
My commission expires: J, Pots
My Commission Expires ' �,,- O;;;of ao�``,•
The Grantee hereby accepts this easement for the purposes set forth herein on this
the 95 zZ day of Sun e , 2007
COUNTY OF WELD, STATE OF
ATTEST: E / S\COLORADO, GRANTEE
1161 tril:
D h .uty C rrk to the : \ar
``� .� •,; �".enActing Chair Pro-Tem , Board of
County Commissioners of Weld
County, Colorado
06/25/2007
1 11111111111111111 11111 1111 1111111 11111 111 Hilt 1111
3491958 07/20/2007 02:39P Weld County, CO
2 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
°WC -/77/
BRO C030-032
PARCEL NUMBER:PE-2
EXHIBIT"A"
PROJECT NUMBER: BRO C030-032
PARCEL NUMBER: PE-2
PROJECT CODE: 14990
DATE: MARCH 30, 2007
PROPERTY DESCRIPTION
A TRACT OR PARCEL OF LAND NO. PE-2 OF WELD COUNTY, STATE OF COLORADO, PROJECT
NO. BRO C030-032, CONTAINING 3,111 SQUARE FEET(0.071 ACRES), MORE OR LESS, BEING A
PORTION OF THAT PROPERTY AS DESCRIBED IN THE DEED RECORDED AT RECEPTION NO.
3307082 OF THE WELD COUNTY RECORDS, LOCATED IN THE NW 1/4 OF SECTION 20,
TOWNSHIP 4 NORTH, RANGE 61 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, IN WELD COUNTY,
COLORADO, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, T. 4 N., R. 61 W., OF THE 6TH
P.M.; WHENCE THE EAST 1/4 CORNER OF SECTION 19 BEARS S 01°02'05" E, A
DISTANCE OF 2665.53 FEET; THENCE N 88°55'05" E ALONG THE NORTH LINE OF THE NW 1/4 OF
SECTION 20, A DISTANCE OF 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD NO. 87 (MARCH 2007)AND THE POINT OF BEGINNING:
1. THENCE N 88°55'05" E ALONG THE NORTH LINE OF THE NW 1/4 OF SECTION 20, A
DISTANCE OF 24.48 FEET;
2. THENCE S 02°33'01"W,A DISTANCE OF 160.08 FEET;
3. THENCE S 88°57'55"W,A DISTANCE OF 14.47 FEET TO THE EAST RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD NO. 87 (MARCH 2007);
4. THENCE N 01°02'05'1W ALONG THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
NO. 87 (MARCH 2007), A DISTANCE OF 159.74 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3,111 SQUARE FEET (0.071 ACRES) OF LAND,
MORE OR LESS.
BASIS OF BEARINGS:ALL BEARINGS ARE BASED ON THE LINE CONNECTING THE N.E. CORNER
OF SECTION 19, AND THE EAST 1/4 CORNER (E 1/4) OF SECTION 19, TOWNSHIP 4 NORTH,
RANGE 61 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING A GRID BEARING OF S 01°02'05" E
2665.53' AS OBTAINED FROM A GLOBAL POSITIONING SYSTEM (GPS) SURVEY BASED ON THE
COLORADO HIGH ACCURACY REFERENCE NETWORK(CHARN). SAID GRID BEARING IS NAD 83
(1992) COLORADO STATE PLANE (NORTH ZONE). SAID LINE IS MONUMENTED AT THE N.E.
CORNER OF SECTION 19 WITH A FOUND 3 1/4" DIAMETER BLM BRASS CAP, 0.6 FEET BELOW
SURFACE OF GRAVEL ROAD, STAMPED "U.S. DEPT. OF INTERIOR, S18, S17, S19, S20, T4N,
R61W, 1974, CADASTRAL SURVEY, BUREAU OF LAND MANAGEMENT", AND THE EAST 1/4
CORNER OF SECTION 19 WITH A FOUND 3 1/4" DIAMETER ALUMINUM CAP, 0.4 FEET BELOW
SURFACE OF GRAVEL ROAD, STAMPED "McRAE& SHORT, INC, 1/4 S19IS20, T4N R61W, 1998, LS
7242".
V�S,p1UUUNAI1/q/�/f
k
aO;, F•S.E.d....
V.
:e4 o4/03/072:_
GEOG.. F.S E 1JSON, PLS NO. 23521
FORA k�` (;F'OF THE LUND PARTNERSHIP, INC.
12265 lfy .p' VE., SUITE 130
LAKEWOOD, 80228
HRH 0111 11111111 Ell 111111111111111 11111 /iii IIII
3491958 07/20/2007 02:39P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
I
Hello