HomeMy WebLinkAbout20071572.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING
PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY
ROADS 3 AND 1.5 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS
- DWAYNE KOCH AND DIANA GODINHO
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, among 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, Dwayne Koch, and Diana Godinho, 5665 Weld County Road 3, 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, among 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, Dwayne
Koch, and Diana Godinho, 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 4th day of June, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
-C lw,/ ./ : vw EL OUNTY, COLORADO
� � .7 T �,
ATTEST: 'z Yy' +
��{'91,41 id E. Long, Chair
�`
Weld County Clerk to the B l;;-� / _-tor illiam H.---2,/erk ro-Tem
BY: (Li LC$ i e'LZi i 1 -D ty Cle to the Board �
Willi .QQG��arcia
AP O DAST V�� N.
) ; r _ fln
ysWy, /IrlJf
Douglas rvddemacher
Date of signature: Wed()7
` /y 2007-1572
0 0 PM)/ PG, /TT�/it- EGO0v5 "U7
MEMORANDUM
IncTO: Clerk to the Board DATE: 5/30/2007
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Agreement for Conveyance of Easement with Dwayne E. Koch and Diana E. Godinho for
improvements to WCRs 3 and 1.5.
The appropriate documentation is attached.
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2007-1572
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AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS
TO WELD COUNTY ROAD 3 & 1.5 BETWEEN DWAYNE E. KOCH AND DIANA E.
GODINHO AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 1 5 day oft ttk.V ,2007,by and between
DWAYNE E. KOCH AND DIANA GODINHO whose address is 5665 Weld County Road
3,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 l0'" Street, Greeley, Colorado 80631 hereinafter
referred w as "County."
WITNESSETH:
WHEREAS,County finds it necessary to rebuild and improve Weld County Roads 3
and 1.5, and
WHEREAS, Owner owns the property described in the attached Exhibit "A",
hereinafter referred to collectively as "Easement", and
WI IEREAS, 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 Three Hundred and no/100($300.00)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
1111111111111111111111 III 1111111 III 11111 IIII IIII
J1(IIII
5351 06/22/2007 01:51P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
L'fo 2-1.51 ,7
Page 2 o1 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 Two Thousand One Hundred Sixty
Five and no/100 ($2,165.00)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 road right-of-way.
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: DWAYNE E. KOCH OWNER: DIANA E. GODINHO
Dwayne/E. Koch Diana E. Godinho
ATTEST: Mill lffR RD OF COUNTY COMMISSIONERS
Weld County Clerk to the 13 d /, 4;3' WELD COUNTY, STATE OF
J I 4 RADO
,r�
By: COI Oil ( nfr( BY: lL
Deputp, Jerk the Board David E. Long, C a' JUN 0 4 2001
L'
I IIIIi1 Ill 111111 lilt 111111 III 1111111 III III II 1111 IIII
3485351 06/22/2007 01:51P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
P:\W ELDCNTY\C404 10A\Koch\TCE Agreement Koch 4-30-07.doc
' 626}.2— /57‘-'7
EXHIBIT - A
A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION
6, TOWNSHIP 1 NORTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF
RECORDED EXEMPTION NO. 1467-06-1-RE 1516 LOT A, FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION # 2611753, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 6, ASSUMED TO BEAR
NO1'03'24"E A DISTANCE OF 1386.00 FEET, FROM A #6 REBAR WITH A
2-1/2" ALUMINUM CAP L.S.#28656 AT THE SOUTHEAST CORNER OF THE
NORTHEAST ONE-QUARTER OF SECTION 6, TO A #5 REBAR FOUND AT THE
SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST
ONE-QUARTER OF SECTION 6;
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER
OF SAID SECTION 6; THENCE N69'40'32"W A DISTANCE OF 31.77 FEET, TO A
POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3, SAID
POINT ALSO BEING ON THE SOUTH LINE OF SAID RE 1516, AND ALSO BEING
THE POINT OF BEGINNING,
THENCE N31'41'46"W ALONG SAID SOUTH LINE OF LOT A, A DISTANCE OF
55.45 FEET. THENCE NO1'03'24"E A DISTANCE OF 60.34 FEET; THENCE
588'56'41'E A DISTANCE OF 30.00 FEET, TO SAID WEST RIGHT OF WAY LINE;
THENCE SOi'03'24'W ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF
106.97 FEET, TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 2,510 SQUARE FEET OF LAND, 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 RECORDED EXEMPTION NO. 1467-06-1-RE 1516 �
FOR AND o �.I�G.IF WELD COUNTY COLORADO a0-9 a y 9 �Z18-
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WELD SC OE ROAD 3 DRAWN: ORR SHEET u,0
TEMPORARY CONS EASEMENT WHIT SIIION AREA �e 0
COLORADO OWNER: BI' N WHITE -
DATE: 1 OF 2 05 o
EXHIBIT SCALE. r-ioc
TEMP. C0NST. ESMT.
56-TIN-R68W
/SE
SE CON NEI/4 NEl/4
C 6, TIN, R68W,
/ 6111 P.M. FOUND NO. 5
RERAR-NO CAP
2ND CORRECTED RECORDED II
EXEMPTION NO. 1467-06-1-RE1516 1
I
NE1/4 SEC. 6 I
TIN. R68W, 6TH P.M.
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DWAYNE KOCH II
RECEPTION NO. 2611753 II
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LINE TABLE I
LINE BEARING DISTANCE I — —, .:T � .Ts>
LI N69'40'32'W 31.77 —so' /w— y
L2 N31°41.46'W 55.45' `\ 9
L3 NO1'03'24'E 60.34' I G
L4 SB8'56'41'E 30.00'
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LS S01103'24'1./ 106.97' \
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\ -TEMPORARY CONSTRUCTION
I l J I EASEMENT AREA 2510 SQ.Ff. =C d
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POINT OF BEGINNING \ i #V C
9 N
- 32
-
EAST 1/4 CORNER 56-T1N-ROBW
NOTE: THIS EXHIBIT MAP DOES NOT ft IS NT A INTENDED
TO NIEO \ 61
LAND SURVEY OR LAND SURVEY PLAT. I1 IN FENDED _ FOUND #6 REAR W/2-1/2 ALUM.
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. \ LAP STAMPED CREENHORNE& OMARA -f N
LS/28656 AS PER MONUMENT RECORD _113 y
PLED 4-5-1999 r
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WELD COUNTY -04 O
WIDC PUBLIC WORKS DEPARTMENT NI 1-
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WELD COUNTY ROAD 3 DRAWN: OHM SIIGET r le
TEMPORARY (:ONSIHUCTI(lN EASEMENT 03
07
OWNER. DWAYNE KOCH DATE: 4/26/07
COLORADO EXHIBIT MAP SCALE: r=100 2 Or 2 a
a
z.
MEMORANDUM
' TO: Clerk to the Board DATE: 7/19/2007
C.
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Consent Agenda Item
Temporary Construction Easement with Dwayne E. Koch and Diana E. Godinho for the
improvements to the WCR 3 and 1.5 project.
The appropriate documentation is attached.
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TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between DWAYNE E. KOCH AND
DIANA E. GODINHO, whose address is 5665 WCR 3 Erie, Colorado 80516, 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 extra grading and shaping of the roadway ditch during the
construction of improvements to Weld County Road 3 & 1.5, in and to, over, under and
across the following described land:
SEE EASEMENT EMHBIT "A"
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:
Said Temporary Construction Easement shall expire one year after
commencement of construction.
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.
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.
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.
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.
1111111 11111 11111 11111 11111 111111II111111 IMAM
3493326 07/27/2007 04:15P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 2 of 2
OWNER: DWAYNE . KOCH OWNER: DIANA E. ODINHO
�
e /
/\
Dwayne E. Koch Diana E. Godinho
STATE OF COLORADO )
)ss
COUNTY OF U161 17 )
The foregoing Temporary Construction Easement was acknowledged before me this
G day of 5'uj,c , 200'1, by Dwayne E. Koch, Owner.
Witness my hand and official seal. ``````�tLtttitp�s`',
•gyp /' `,/-t.
otary ?�/ ao1ARf \
Et {SEAL tO c
My commission expires: Z//z/Ldo :..
" �G
,7OF CO .% ,
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: Lao'llial ' i OUNTY OF WELD, STATE OF
RADO, GRANTEE
7`--4 •ter ;vr- ���� ..
Deputy Clerk o the Board ��' > ti,� avid E. Long, Chai j}+n, Board of
County Commissioners.
JUL 2 5 2007
1111111 11111 1111111 11111 11111 111111 III 11111 IIM Jill
3493326 07/27/2007 04:15P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
P:\WELDCNTY\C40#I0A\Koch\temporary easement Koch 3-9-07.doc
EXHIBIT - A
A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION
6, TOWNSHIP 1 NORTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF
RECORDED EXEMPTION NO. 1467-06-1-RE 1516 LOT A, FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION # 2611753, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 6, ASSUMED TO BEAR
NO1'03'24"E A DISTANCE OF 1386.00 FEET, FROM A #6 REBAR WITH A
2-1/2" ALUMINUM CAP L.S.#28656 AT THE SOUTHEAST CORNER OF THE
NORTHEAST ONE-QUARTER OF SECTION 6, TO A #5 REBAR FOUND AT THE
SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST
ONE-QUARTER OF SECTION 6;
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER
OF SAID SECTION 6; THENCE N69'40'32"W A DISTANCE OF 31.77 FEET, TO A
POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3, SAID
POINT ALSO BEING ON THE SOUTH LINE OF SAID RE 1516, AND ALSO BEING
THE POINT OF BEGINNING,
THENCE N31'41'46"W ALONG SAID SOUTH LINE OF LOT A, A DISTANCE OF
55.45 FEET, THENCE NO1'03'24"E A DISTANCE OF 60.34 FEET; THENCE
588'56'41'E A DISTANCE OF 30.00 FEET, TO SAID WEST RIGHT OF WAY LINE;
THENCE SO1'03'24'W ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF
106.97 FEET, TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 2,510 SQUARE FEET OF LAND, 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 RECORDED EXEMPTION NO. 1467-06-1-RE 1516 lam
P
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teCD
FOR AND � I\ .` GIIPi„WELD COUNTY COLORADO laCC3 ea
C .• Y
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WELD COUNTY ISS "PR\ EMMIN r`•a
PUBLIC WORKS DEPARTMENTfrai
WELD COUNTY ROAD 3 DRAWN. oRH SHf Ef
TEMPORARY CONS. EASEMENT OAT()
AREACt
'� (� OWNER CARROLYN WII'TE DATE: i/2]/0? q OF
COLORADO EXHIBIT SCALE: I 1"•100'
TEMP. CONST. ESMT.
$6-TIN-R68W
SE COR NEI/4 NE1/4
SEC 6. TIN. R69W.
6171 P.M. FOUND NO. 5
REBAR-NO CAP
2ND CORRECTED RECORDED
EXEMPTION NO. 1467-06-1—RE1516
I I
NE1/4 SEC. 6
\ TIN. R68W, 6TH P.M.
I I
\ .^
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\\\ \ OWNER:
DWAYNE KOCH
\\ \ RECEPTION NO. 2611753
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LINE TABLE I O S
LINE BEARING DISTANCE I �,&',^��.IA.o..-», aCI co
LI N69'40'32'W 31.77' I ...'r, i
L2 N31.41'46'W 55.45' I \
L3 N01.03'24'E 60.34' `\ I I a V o
�L4 SBB•56'41'E 30.00' \ I ��
5 S01'03'24'W 106.97' \ a 3
\ TEMPORARY CONSTRUCTION
I\ -J I EASEMENT AREA 2510 SQ.FT. —� S.
wry
POINT OF BEGINNING \ 'I ESp
O
awe.n0
NOTE: THIS EXHIBIT MAP DOES NO1 REPRESENT A MgNMENTED EAST 1/4 CORNER $6-TIN-ROBW .- -O
LAND SURVEY OR LAND SURVEY PLAT. Il IS INTENDED TO FOUND i6 REAR W/2-1/2' ALUM. Co
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. CAP STAMPED GREENHCRNE &OMARA a n O
LS#28656 AS PER MONUMENT RECORD _
FILED 4-5-1994 CM O
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WIOc PUBLIC WORKS DEPARTMENT
WELD COUNTY ROAD 3 DRAWN: DRH SHEET
TEMPORARY CONSTRUCTION EASEMENT
OWNER: DWAYNE KOCH DATE: 4/26/0)
COLORADO EXHIBIT MAP SCALE: ,--100 2 OF 2
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