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Home My WebLink About20022590.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT, AND ACCEPTANCE OF GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN - PAUL NELSON DAIRY FARM, 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, a Grant of Permanent Easement, and a Temporary Construction Easement 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 Paul Nelson Dairy Farm, LLC, with terms and conditions being as stated in said agreement, grant, and temporary easement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, and accept the Grant of Permanent Easement and Temporary Construction 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, Grant of Permanent Easement, and Temporary Construction Easement 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 Paul Nelson Dairy Farm, 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, grant, and temporary easement. 2002-2590 EG0046 /0/0,ed.` /0/0, /�2/soil airy AGREEMENT FOR CONVEYANCE OF EASEMENT, AND ACCEPTANCE OF GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS ` WELD OUNTY, COI„ORADO ATTEST: atetdC/ /I E Glenn Vaad, Chair air Weld County Clerk to the par. ,1861 • • XCUSED D E OF SIGNING (AYE) �i , y,¢i•` avid E. Lo , Pro-Tem BY: Deputy Clerk to the Bo : `l M. J. eile APPROVED AST EXCUSED DATE OF SIGNING (AYE) - William H. J rke �, Qa '\Ut ounty Attorney /6! Robert D. Masden Date of signature: / 2002-2590 EG0046 L 372 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 15 BETWEEN PAUL NELSON DAIRY FARM LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this nay of 3 J- 002, by and between Paul Nelson Dairy Farm LLC, whose address is 9000 Weld County Road 52, Milliken, Colorado 80543, herein 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 I Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 15, and WHEREAS, Owner owns property described in the attached Permanent Easement 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, as shown and/or described on Permanent Easement Exhibit"A", attached hereto and hereinafter referred to herein as the "Easement" for the total sum of Five Hundred and no/100 ($500.00) dollars. This consideration is being offered in lieu of condemnation. 2. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 3. 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 Page 1 of 2 Pages 1IIN111111111111IIIIIIII11111111111IIIIIIII3ill 2993372 10/0412002 11:53A Weld County, CO c;z� _,959O 1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsu there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 4. 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. 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: PAUL NELSON DAIRY FARM, LLC ,A %ten a 2� OP Paul Ne son, Manager TAX ID NUMBER: ✓x.21 - SO- / a3a., ATTEST:1ATTEST:gaski s '� BOARD OF COUNTY COMMISSIONERS fi, OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to'e P`'� 1861 I/��yy r�O'.IY' -, Cam/ `� BY: S....-.------ /.202-e...>\c Deputy Clerk to the Bo Glenn Vaad, Chairman (4l / -� Page 2 of 2 Pages AIM 111111111111 IIII liii 1111111IIIII III IIIII IIII IIII 2993372 10/04/2002 11:53A Weld County, CO 2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto • PERMANENT EASEMENT EXHIBIT "A" (Paul Nelson Dairy Farm LLC and Weld County) DESCRIPTION A parcel of land location in the Northwest One-Quarter of Section 5, Township 4 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado and more fully described as follows: Commencing at the Northwest corner of said Section 5, from whence the Southwest corner of the Northwest One-Quarter of said Section 5 bears S00°46'41"E, with all bearings referenced herein relative thereto; thence S02°28'02"E a distance of 1017.80 feet to the east right of way line of Weld County Road 15 and the POINT OF BEGINNING; thence N90°00'00"E a distance of 30.00 feet; thence S00°46'41"E a distance of 30.00 feet; thence S90°00'00"W a distance of 30.00 feet to said east right of way line; thence N00°46'41"W along said right of way line a distance of 30.00 feet to the POINT OF BEGINNING and containing 899.92 square feet, more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County and is based on survey information provided by Frederick Land Surveying, 1528 North Lincoln Avenue, Loveland, Colorado, 80538. 1111111111111111111111111I1111111111111 III 11111 I I I I I I H I 2993372 10/04/2002 11:53A Weld County, CO 3 of 4 R 0.00 0 0.00 J.A. "Suki" Tsukamoto EASEMENT EXHIBIT MAP NW Cor Sec 5-4-67 JL P3 lr Itn O N, N 0 15 30 60 Z Q W J 0 J In N CO CO 1D O O N liN`` J N90'E 30.00' POB 00'46'41 "W S00'46'41 "E 30.0' 30.00' S90'W 30.00' EXI TING 60' ROW W1/4 Cor Sec 5-4-67 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED HUM 11111 IIIIIII it II IIII 111111 VIII III lllll illl I'll LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 2993372 10/04/2002 11:53A Weld County, CO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 4 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto WELD COUNTY PUBLIC WORKS DEPARTMENT 9MEY LVS DESIGN WELD COUNTY ROAD 15 PERMANENT 1 1 DRAWN EASEMENT (DATE AUGUST 29, 2002 EXHIBIT MAP 313 GRANT OF PERMANENT EASEMENT (Paul Nelson Dairy Farm LLC-Weld County) This Grant of Permanent Easement is made by and between Paul Nelson Dairy Farm LLC, whose address is 9000 Weld County Road 52, Milliken, Colorado 80543 ("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 are hereby acknowledged, Owner hereby grants, sells, assigns, conveys and quit claims to County a non- exclusive, perpetual easement, for the purpose of relocation and reconstruction of a roadway crossing culvert. The location of the easement parcel is described as follows: See Permanent Easement Exhibit"A" and Easement Exhibit Map The Permanent Easement hereby conveyed is for the construction, operation and maintenance of roadway culverts. 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 roadway culverts. 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 culverts. 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. Page 1 of 2 page IIIIIII 11111111113111 IIIIII VIII III VIII IN MI CO 29933cf 02O6„2-,259O 1 of 4 R 0.00 D 0.00 J.A. Suk1 Tsukamofo IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: PAUL NELSON DAIRY FARM, LLC a+11 r' g Paulson, Manager STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I,- day of i(1I(YYIii 2.v- , 2002, by Paul Nelson Dairy Farm, LLC, Paul Nelson, Manager. t 4'4; my hand and official seal. C RY i Notary Pu is yIC 09-//-O mission expires: MY S 'flrb004IES: UARY 11.2004 The Grantee hereby accepts this easement for the purposes set forth herein on this the 6 it day of ap AA, , 2002 ' ,�a COUNTY OF WELD, STATE OF ATTEST: , `� COLORADO, GRANTEE 04,r iD- r 1861 cr .' Deputy Clerk to the Glenn Vaad, C airman, oard of County Qjl ft Commissioners of Weld County, Colorado (9/ /accn) Page 2 of 2 page 111111111111 1111111 IIII I'll 111111111111 III 11111 IIII IIII 2993373 10/0412002 11:53A Weld County, CO 2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto PERMANENT EASEMENT EXHIBIT "A" (Paul Nelson Dairy Farm LLC and Weld County) DESCRIPTION A parcel of land location in the Northwest One-Quarter of Section 5, Township 4 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado and more fully described as follows: Commencing at the Northwest corner of said Section 5, from whence the Southwest corner of the Northwest One-Quarter of said Section 5 bears S00°46'41"E, with all bearings referenced herein relative thereto; thence S02°28'02"E a distance of 1017.80 feet to the east right of way line of Weld County Road 15 and the POINT OF BEGINNING; thence N90°00'00"E a distance of 30.00 feet; thence S00°46'41"E a distance of 30.00 feet; thence S90°00'00"W a distance of 30.00 feet to said east right of way line; thence N00°46'41"W along said right of way line a distance of 30.00 feet to the POINT OF BEGINNING and containing 899.92 square feet, more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County and is based on survey information provided by Frederick Land Surveying, 1528 North Lincoln Avenue, Loveland, Colorado, 80538. 181 1111 OM 1111 IIII 1111111 11 11 IIII1 IIII MI 23 9 of 43 R�0.00/20 0.00 1 J.A. "Suki"" Tsukamoto IDL4 SA 'AIENT EXHIBIT HAP NW Cor Sec 5-4-67 JL tI n 00. I N O N Z 0 15 30 60 O w rn m LL 0 O O J N W N 00 m w •11- l0 O O N ` J ` N90'E 30.00' POB 00'46'41 "W S00'46'41 "E 30.0' 30.00' 590'W 30.00' EXI TING 60' ROW 1111111 11111 1111111 lul 1111111111111111 III 11111 IIII IIII Sec 5-4-67 Cr 2993373 10/04/2002 11:53A Weld County, CO 4 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto 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 SUFVEv LVS WELD COUNTY ROAD 15 PERMANENT 1 ut 1 DRAWN EASEMENT DATE AuGusr 29, 2002 EXHIBIT MAP 374 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Paul Nelson Dairy Farm, LLC, whose address is 9000 Weld County Road 52, Milliken, Colorado 80543, 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 10`h Street Greeley, Colorado 80631, Grantee. Said Temporary Construction Easement is for use during the construction of improvements to Weld County Road #15, in and to, over, under and across the following described land: See Temporary Easement Exhibit A and Easement Exhibit Map 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: 1. Said Temporary Construction Easement shall commence on September 15, 2002, and shall expire and be of no further force or effect on December 31, 2003. 2. 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. 3. 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. 4. 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. 5. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00) dollars for the execution of this Temporary Construction Easement. Page 1 of 2 pages 11111111111111111111111fill 111111II III 111111111 IIII 2993374 10/04/2002 11:53A Weld County, CO 1 of 4 R 0.00 0 0.00 J.A. "Suki" Tsukamoto 02OD.2 - a tip° 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. Dated this /e`141 day of,dmay, .. ./, 2002. OWNER: PAUL NELSON DAIRY FARM, LLC elel- b jWtn it St Paul Nelson, Manager TAX ID NUMBER: 1,2f — SP - I &3z GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: itAx, ij+ �,./ COUNTY OF WELD, STATE OF fi / H ' COLORADO, GRANTEE _, n ` 1861 `°�` }• `aT Deputy Clerk to the U►� Glenn Vaad, Chairman'Boar of County Commissioners. (9/Q31 a) Page 2 of 2 pages X11111111111111111 /III /III /IIIX1111111 III 11111/III /III 2993374 10/04/2002 11:53A Weld County, CO 2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto TEMPORARY EASEMENT EXHIBIT "A" (Paul Nelson Dairy Farm LLC and Weld County) DESCRIPTION A parcel of land location in the Northwest One-Quarter of Section 5, Township 4 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado and more fully described as follows: Commencing at the Southwest corner of the Northwest One-Quarter of said Section 5, from whence the Northwest corner of said Section 5 bears N00°46'41"W, with all bearings referenced herein relative thereto; thence N08°23'42"E a distance of 188.18 feet to the east right of way line of Weld County Road 15 and the POINT OF BEGINNING; thence N00°46'41"W along said right of way line a distance of 30.00 feet; thence N90°00'00"E a distance of 15.00 feet; thence S00°46'41"E a distance of 30.00 feet; thence S90°00'00"W a distance of 15.00 feet to the POINT OF BEGINNING and containing 450 square feet, more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County and is based on survey information provided by Frederick Land Surveying, 1528 North Lincoln Avenue, Loveland, Colorado, 80538. 1 1111111111111111111M 111111111111 III MI 1111 1111 2993374 10/04/2002 11:53A 3 of 4 R 0.00 D 0.00 J.A. Suki Tsukamoto EASEMENT EXHIBIT 11I4P NW Cor Sec 5-4-67 JL r 0 I5 30 60 Z Q CO m L- O N VI 03 m LJ a CD 4 O O N90'E 15.00' 00'46'41 "W 500'46'41 "E 30.0' 30.00' POB EXIS ING 590'W 15.00' 60' ROW ti aco v Octs^ 2 11111111111 1111111 IIII IIII 'lll IIIIIi11 III VIII IIII IIII Sec 5-4-67 C r 2993374 10/04/2002 11:53A Weld County, CO 4 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto 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 SURVEY LVS DESIGN WELD COUNTY ROAD 15 TEMPORARY 1 1 DRAWN EASEMENT 1 1 SATE AUGUST 29, 2002 EXHIBIT MAP jot MEMORANDUM SE , I 3 , RED-LT:ED TO: Clerk to the Board DATE: Sept. 16, 2002 CFROM: Frank B. Hempen, Jr., • Director of Public Works/County Engineer COLORADO SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Agreement for Conveyance of Easement for Improvements to WCR 15 with Paul Nelson Dairy Farm LLC and approval for Chair to sign the subsequent documents. Grant of Permanent Easement with Paul Nelson Dairy Farm LLC and Temporary Construction Easement with Paul Nelson Dairy Farm LLC The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M9 W PFIL ES\Francie\AGENDA.MEM 2002-2590 Hello