HomeMy WebLinkAbout20061598.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND AUTHORIZE
CHAIR TO SIGN ANY NECESSARY DOCUMENTS -TED STAUFFER
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 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 Ted Stauffer, 20114 Weld County Road 5, Berthoud, Colorado 80513, 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 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 Ted Stauffer,
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 14th day of June, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
EL WELD COUNTY LORADO
ATTEST: �:�!�A, , '..� = free.
_ ✓
1 : 1t. eile, Chair
Weld County Clerk to the •, miry
•
°I.,1?` David E. Long, Pro-Tem
BY:
De ty Clerk to the Board —1i'
Willi H. Jerke
AP AS TO FO
Robert D. Masde
ou o ey
Glenn Vaa
Date of signature: 211LLOL
2006-1598
(� n Pl,3, UL, ' " i-' EG0054
07-a6-b40
rest
MEMORANDUM
' C
TO: Clerk to the Board DATE: 6/12/2006
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Agreement for Conveyance of Easement with Ted Stauffer for the WCR 5 Project.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francie W gend-Leon.doc
2006-1598
•
5� AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS
TO WELD COUNTY ROAD 5 BETWEEN TED STAUFFER AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this day of , 2006,by and between
TED STAUFFER, whose address is 20114 County Road 5, Berthoud, Colorado, 80513,
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 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 SIX HUNDRED TWO and no/100 ($602.00) 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
AIM 11111 11111110111 11111 III IIIIIII III 11111 IIII I'll
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Page 2 of 2
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.
OWNS • TE TA FER
ATTEST: 041114 BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the EL ,, OF WELD COUNTY, STATE OF
LORADO
1161 t.i1/42 A
BY: f"i i ® `‘re Y:
Deputy erk tot Boar M. . Gei e, Chair JUN 14 2006
1 IIIIII "III 11111 IIIIII111111 III 1111111 III HUED
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EXHIBIT A
EASEMENT DESCRIPTION
A parcel of land located in the Southwest 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 Southwest corner of the Southwest One-Quarter of said Section 21,
from whence the South one sixteenth Corner of said Section 21 bears N00°35'23"W,
with all bearings contained herein relative thereto; thence N01°56'57"E a distance of
677.20 feet,to the POINT OF BEGINNING also being a point on the East line of that
right-of-way for Weld County road 5; thence N00°35'23"W along said East right-of-way
line for Weld County road 5, a distance of 50.00 feet; thence N89°34'21"E a distance of
10.00 feet; thence S00°35'23"E parallel to the East right-of-way line for Weld County
road 5 a distance of 50.00 feet; thence S89°34'21"W a distance of 10.00 feet, to the East
right-of-way line for Weld County road 5, and the POINT OF BEGINNING and
containing 0.012 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.
11111111111111111111111111111 III1111111III 111111111 Jill
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EXHIBIT MAP
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3403558 07/1712006 12.25P Weld County, Co
LAND SURVEYXORILANDT PSURVEY DOES NPLATE IT IS TENDED MONUMENTED 4 of 4 R 0.00 Q 0.00 Sieve Moreno Clerk& Recorder
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LWS
MIMI WELD COUNTY ROAD 5 EASEMENT
DRAWN CLH
MME DESCRIPTION
or� OCTOBER 11, 2005 EXHIBIT MAP
a
MEMORANDUM
TO: Clerk to the Board DATE: 8/14/2006
COLORADO FROM: Frank B. Hempen, Jr., P. E.
Director of Public Works/County Engineer
SUBJECT: Consent Agenda Item
For Chair's signature and recording:
C-i 71_11f- ?cr.0 n.+
for improvements to WCR 5 with Ted Stauffer
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\FrancieAgend-Leon.doc
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626
GRANT OF PERMANENT EASEMENT
This Grant of Permanent Easement is made by and between TED STAUFFER
whose address is 20114 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`x'
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 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 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 Weld County Road 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: TED STAUFFER
STATE OF COL DO )
)ss.
COUNTY OF WELD )
he foregoing instrument was acknowledged before me this day of
il___yy , 2006, by TED STAUFFER, Owner.
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3414628 08/25/2006 03:06P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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The Grantee hereby accepts this easement for the purposes set forth herein on this
the 21st day of August , 200 6 .
Idr COUNTY OF WELD, STATE OF
TEST: "si' J ,,, COLORAD , GRANTEE
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De y Cle 'to the Boar r4,•.,9 a . M. J. Geile, Chairman, Board of
t � .1 County Commissioners of Weld
old v �' County, Colorado AUG 2 1 2006
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3414628 08125/2006
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EXHIBIT A
EASEMENT DESCRIPTION
A parcel of land located in the Southwest 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 Southwest corner of the Southwest One-Quarter of said Section 21,
from whence the South one sixteenth Corner of said Section 21 bears N00°35'23"W,
with all bearings contained herein relative thereto; thence NO1°56'57"E a distance of
677.20 feet,to the POINT OF BEGINNING also being a point on the East line of that
right-of-way for Weld County road 5; thence N00°35'23"W along said East right-of-way
line for Weld County road 5, a distance of 50.00 feet; thence N89°34'21"E a distance of
10.00 feet; thence S00°35'23"E parallel to the East right-of-way line for Weld County
road 5 a distance of 50.00 feet; thence S89°34'21"W a distance of 10.00 feet, to the East
right-of-way line for Weld County road 5, and the POINT OF BEGINNING and
containing 0.012 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.
11111111111111111 11111 Ell 11ll 1111111 III 11111 llll llll
3414628 08/25/2006 03:06P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
hx/rimiry 4I'
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED HIED 111111111111111 111111 IIII 1111111 III MUCH
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LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 3414628 08/25/2006 03:06P Weld County, CO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
WELD COUNTY PUBLIC WORKS DEPARTMENT
SRyer LWS
DESIGN WELD COUNTY ROAD 5 EASEMENT 1 1
CRAM CLH DESCRIPTION
a*E OCTOBER 11, 2005 EXHIBIT MAP
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