HomeMy WebLinkAbout20061383.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT
OF PERMANENT EASEMENT AND AUTHORIZE CHAIRTO SIGN ANY NECESSARY
DOCUMENTS - GARETH AND HARRIET OLSON TRUSTS
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 Weld County Roads 40.5 and 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 Gareth and Harriet Olson Trusts,
6840 South Harrison Street, Littleton,Colorado 80122,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 and Grant of Permanent
Easement for improvements to Weld County Roads 40.5 and 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 Gareth and Harriet Olson Trusts be, and hereby is, approved.
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 22nd day of May, A.D., 2006.
was BOARD OF COUNTY COMMISSIONERS
IEI7 k, WELD CO Y, COLORADO
ATTEST: I ed l '.'a ��7J� 7 Ea°
ssi t :i, . J. e' e, Char
nit
Weld County Clerk to thECIA/
.j:.
: °\ David E. Long, Pro-Tem
BY: . " @ l @ iz
De.0 Clerk othe :oard EXCUSED
William H. Jerke
APPR AS % 4R : EXCUSED
Rob rt D. Masd n
•. my Attorney
r Glenn Vaad
•
Date of signature: 113 !(Ye.
2006-1383
CO : PLO,W: PL-, EG0054
(a
•
MEMORANDUM
C.
COLORADO TO: Clerk to the Board DATE: May 17, 2006
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Agreement for Conveyance of Easement and Grant of Permanent Easement concerning
purchase of right-of-way for improvements to WCRs 40.5 and 5 with Harriet E.Olson Trust.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
2006-1383
077 AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS
TO WELD COUNTY ROADS 40 '/2 AND 5 BETWEEN THE HARRIET E. OLSON
TRUST, AS TO AN UNDIVIDED 'h INTEREST AND THE GARETH R. OLSON
TRUST, AS TO AN UNDIVIDED '' INTEREST AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this /3 day of ,2006,by and between
THE HARRIET E. OLSON TRUST AS TO AN UNDIVIDED A INTEREST AND THE
GARETH R. OLSON TRUST AS TO AN UNDIVIDED 'A INTEREST AND, whose
address is 6840 S. Harrison Street, Littleton, Colorado 80122, 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
40 '/2 & 5, 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"A",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.
111111111111111111111111111111111 1111II11111111111111
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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 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.
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: THE HARRIET E. OLSON OWNER: THE GARETH R. OLSON
TRUST AS TO AN UNDIVIDED ''/1 TRUST AS TO AN UNDIVIDED 'A
INTEREST INTEREST
ATTEST: Lili� . BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board, 75,%, WELD COUNTY, STATE OF
/49 RADO
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:mik
Depu Jerk to the Board M. J. Geile, Chair MAY 2 2 2006
1111111 11111 11111 1111111 1111 111111 11111 111 11111 IIII IIII
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P:\WELDCNTY\C4049A\Olson-Harriet\PE Agreement doc
c Alt iS.315
EXHIBIT A
EASEMENT LEGAL DESCRIPTION
A parcel of land located in the Northeast One-Quarter of Section 20,Township 4 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and
more fully described as follows:
Commencing at the Northeast corner of said Section 20, from whence the East One-
Quarter Corner of said Section 20 bears S00°08'53"E, with all bearings contained herein
relative thereto; thence S02°24'31"W a distance of 672.53 feet to a point on the west line
of that right-of-way for Weld County road 5, said point also being the POINT OF
BEGINNING; thence S00°08'53"E along said west right-of-way line for Weld County
road 5, a distance of 25.00 feet; thence S89°51'07"W a distance of 10.00 feet; thence
N00°08'53"W,parallel to the east right-of-way line for Weld County road 5, a distance
of 25.00 feet; thence N89°51'07"E a distance of 10.00 feet, to the west right-of-way line
for Weld County road 5 and the POINT OF BEGINNING and containing 0.006 acres,
more or less.
The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for
Weld County, Colorado and is based on survey information provided by Farnsworth
Group, 8055 East Tufts Avenue, Suite 850 Denver, Colorado 80237.
1111111111111111111111111111111111111111111111111111111
3398077 06/22/2006 01:39P Weld County, CO
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EXHir/"IrT
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENT ED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
survey LVS
DESIGN WELD COUNTY ROAD 5 EASEMENT
DRAvoi
`L" DESCRIPTION
DATE nrT narD In 2n0S EXHIBIT MAP
078
GRANT OF PERMANENT EASEMENT
This Grant of Permanent Easement is made by and between THE HARRIET E.
OLSON TRUST AS TO AN UNDIVIDED 'A INTEREST AND THE GARETH R.
OLSON TRUST AS TO AN UNDIVIDED '/2 INTEREST, whose address is 6840 S.
Harrison Street, Littleton, Colorado 80122 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 is
hereby acknowledged, Owner hereby grants, sells, assigns, conveys and quit claims to
County a non-exclusive, perpetual easement, for extra grading and shaping of the
roadway ditch during the construction of roadway improvements to Weld County Road
40 '/2 & 5, in and to, over, under and across the following described land:
See Easement Exhibit "A"
The Permanent Easement hereby conveyed is for the construction, operation and
maintenance of said Weld County Roads 40 %z & 5. 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 Weld County Road 40
/2 & 5. 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 roadway
improvements.
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.
IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates
of acknowledgment set forth below.
OWNER: THE HARRIET E. OLSON OWNER: THE GARETH R. OLSON
TRUST AS TO AN UNDIVIDED 'A TRUST AS TO AN UNDIVIDED 'A
INTEREST INTEREST
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111111111111111111111111111 Unit IIII
3398078 06/22/2006 01:39P Weld County, CO
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QGI� -/.383
STATE OF COLORADO )
)ss.
COUNTY OF LLUEL1' )
The foregoing instrument was acknowledged before me this /.3 day of
144 Ay , 200 , by THE HARRIET E. OLSON TRUST AS TO AN
UNDIVIDED '/2 INTEREST AND THE GARETH R. OLSON TRUST AS TO AN
UNDIVIDED IA INTEREST, Owner.
itne'. r y hand 'al seal.
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My . mission expires: i/ 710 / 0 1:3
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to... OF„ ,,`�4111,1 The Grantee hereby accepts this easement for the purposes set forth herein on this
the 2-�ncl day of MC+-5 , 200ip^
J •c , '"u COUNTY OF WELD, STATE OF
TTEST: , ,- . OLORA , GRANTEE
D p ty CI to the Board . . Geile, Chairman, Board of
ounty Commissioners of Weld
���°tge� County, Colorado
MAY 2 2 2006
111111111111111111111111 IIII 111111II III 11111
3398078 06/22/2006 01:39P Weld County, CO
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EXHIBIT A
EASEMENT LEGAL DESCRIPTION
A parcel of land located in the Northeast One-Quarter of Section 20,Township 4 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and
more fully described as follows:
Commencing at the Northeast corner of said Section 20, from whence the East One-
Quarter Corner of said Section 20 bears S00°08'53"E, with all bearings contained herein
relative thereto; thence S02°24'31"W a distance of 672.53 feet to a point on the west line
of that right-of-way for Weld County road 5, said point also being the POINT OF
BEGINNING; thence S00°O8'53"E along said west right-of-way line for Weld County
road 5, a distance of 25.00 feet; thence S89°51'07"W a distance of 10.00 feet; thence
N00°08'53"W,parallel to the east right-of-way line for Weld County road 5, a distance
of 25.00 feet; thence N89°51'07"E a distance of 10.00 feet, to the west right-of-way line
for Weld County road 5 and the POINT OF BEGINNING and containing 0.006 acres,
more or less.
The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for
Weld County, Colorado and is based on survey information provided by Farnsworth
Group, 8055 East Tufts Avenue, Suite 850 Denver, Colorado 80237.
I IIIIII VIII VIII IIIIIII IIII III IIIIIIII III VIII IIII IIII
3398078 06/22/2006 01:39P Weld County, CO
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A
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