HomeMy WebLinkAbout20061542.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT
OF PERMANENT EASEMENT AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY
DOCUMENTS - JOC, LLC
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 a Grant of Permanent Easement for improvements to Weld County Road 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 JOC, LLC,
20510 Weld County Road 5, Berthoud, Colorado 80513, commencing upon full execution, with
further terms and conditions being as stated in said agreement and grant of permanent easement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
grant of permanent 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 and Grant of Permanent
Easement for improvements to Weld County Road 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 JOC, LLC, 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 12th day of June, A.D., 2006.
IE7's BOARD OF �� NTY COMMISSIONERS
�� �► 1* /a\WELD COY, COLORADO
ATTEST: a 1 . .eile, Chair
Weld County Clerk to the r
C
David E. Long, Pro-Tem
BY:
Dep Clerk , the Board 71--
Wi ' Jerke
APPRO AS T �� "C
�E9Robert D. Masden
n Attorney �i, i
Glenn aad
Date of signature: -11SI ow
2006-1542
EG0054
•
' a
MEMORANDUM
e
COLORADO TO: Clerk to the Board DATE: 6/2/2006
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 with JOC, LLC
for improvements to WCR 5.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francle\Agend-Leon.doc
2006-1542
AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 5 BETWEEN JOC, LLC AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this ,3/4 4day of 2006, by and between
JOC,LLC,whose address is 20510 County Road 5,Berthoud,C orado,80513,hereinafter
referred to as "Owner", and the COUNTY OF WELD, a bod 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 Road 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 ONE THOUSAND and no/100 ($1,000.00) 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.
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.
Page 2 oft
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. The parties acknowledge that the Owner has irrigation facilities consisting of
an underground aqueduct system running the length of the easement in proximity to the
roadway construction project contemplated herein. The County agrees not to disturb said
irrigation facilities. In the event said irrigation facilities are disrupted or damaged by the
roadway construction, the County shall repair and/or replace said facilities to a condition
substantially the same as the existing condition and to the Owner's reasonable satisfaction.
7. As a condition of the granting of this Permanent Temporary Easement,upon
completion of the Work,the County agrees,at the County's sole cost and expense,to remove
any of its remaining equipment and materials and to repair,replace,and restore the Easement
Property to a level substantially comparable to its original condition. The repair,
replacement and restoration work includes,without limitation,the repair or replacement of
any structures, driveways, fences, landscaping, utility lines, or other improvements on the
Easement Property that were damaged, removed or destroyed by the County.
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: JOC, LLC
By: -. L`//��lG --
Titl • �r-�v-.
ATTEST: I L4 k BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the '.t!. E Lam', WELD COUNTY, STATE OF
ORADO
1861 `C. t
B ' id . e g t i '4 ' ' Y.
Deput) Clerk t. the Board M. . Geile, Chair JUN 1 2 2006
P:\W ELDCNTY\C40#9A\JOC,LLC\PE_Agreement_05-25-06.doc
6,1e,e6 -/s9a
EXHIBIT A
EASEMENT DESCRIPTION
A parcel of land located in the Northwest One-Quarter of Section 21, 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 Northwest corner of said Section 21, from whence the West One-
Quarter Corner of said Section 21 bears S00°08'53"E, with all bearings contained herein
relative thereto; thence S02°41'38"E a distance of 675.38 feet, to a point on the east line
of that right-of-way for Weld County road 5, said point also being the POINT OF
BEGINNING; thence N89°51'07"E a distance of 15.00 feet; thence S00°08'53"E parallel
to the east right-of-way line for Weld County road 5, a distance of 25.00 feet; thence
S89°51'07"W a distance of 15.00 feet, to the east right-of-way line for Weld County road
5; thence N00°08'53"W along said east right-of-way line for Weld County road 5, a
distance of 25.00 feet to the POINT OF BEGINNING and containing 0.009 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.
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
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DESIGN WELD COUNTY ROAD 5 DEED
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DRAWN DESCRIPTION
DATA nr,nocc in 'nnc EXHIBIT MAP
GRANT OF PERMANENT EASEMENT
This Grant of Permanent Easement is made by and between JOC, LLC, whose
address is 20510 County Road 5, Berthoud, Colorado, 80513 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 is
hereby acknowledged, Owner hereby grants, sells, assigns, conveys and quit claims to
County a non-exclusive, perpetual easement, for the installation and maintenance of an
irrigation culvert, in and to, over, under and across the following described land:
See Easement Exhibit"A"
The Permanent Easement hereby conveyed is for the construction, and
maintenance of an irrigation culvert beneath said Weld County Road 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
irrigation 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 as may be necessary or
useful for the construction, maintenance, cleaning out and repair of said irrigation culvert.
This conveyance shall specifically exclude all of the Owners land adjacent to said
Permanent Easement, the use of which will require a separate easement agreement.
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: JOC, LLC
By: [ 4
Title: � 4i -/f/�,!-Gci/
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this - ( day of
hi fay 204, by S}fili!O GLL` as
mEst 864 _ of JOC, LLC, Owner.
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The Grantee hereby accepts this easement for the purposes set forth herein on this
the I 2-hl day of Jtut-C, , 200(0
Jai
COUNTY OF WELD, STATE OF
ATTEST: COLORA , GRANTEE
De ty Cle to the Board _. ; 8 M. J. Geile, Chairman, Board of
t County Commissioners of Weld
N; r, FarCounty, Colorado JUN 1 2 2006
EXHIBIT A
EASEMENT DESCRIPTION
A parcel of land located in the Northwest One-Quarter of Section 21, 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 Northwest corner of said Section 21, from whence the West One-
Quarter Corner of said Section 21 bears S00°08'53"E, with all hearings contained herein
relative thereto; thence S02°41'38"E a distance of 675.38 feet, to a point on the east line
of that right-of-way for Weld County road 5, said point also being the POINT OF
BEGINNING; thence N89°51'07"E a distance of 15.00 feet; thence S00°08'53"E parallel
to the east right-of-way line for Weld County road 5, a distance of 25.00 feet; thence
S89°5I'07"W a distance of 15.00 feet, to the east right-of-way line for Weld County road
5; thence N00°08'53"W along said east right-of-way line for Weld County road 5, a
distance of 25.00 feet to the POINT OF BEGINNING and containing 0.009 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.
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
wrvEv LWS
DESIGN WELD COUNTY ROAD 5 DEED
GRAYN CLH DESCRIPTION
Dm nrTnoC o tn oonc EXHIBIT MAP
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