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Home My WebLink About20020742.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 65, ACCEPT GRANT OF EASEMENT, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - KENNETH AND SANDRA JOHNSON 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 Concerning an Easement for Certain Improvements to Weld County Road 65 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 Kenneth and Sandra Johnson, with terms and conditions being as stated in said agreement , and WHEREAS, pursuant to said agreement the Board has been presented with a Grant of Easement from Kenneth and Sandra Johnson, whose address is 31504 Highway 52, Keenesburg, Colorado 80643, on the following described real estate, to-wit: Part of the SE1/4 of Section 8, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Grant of 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 Concerning an Easement for Certain Improvements to Weld County Road 65 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 Kenneth and Sandra Johnson be, and hereby is, approved. BE IT FURTHER RESOLVED that the Grant of Easement from Kenneth and Sandra Johnson be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2002-0742 ge /"a, J )1YIsof EG0046 AGREEMENT FOR CONVEYANCE OF EASEMENT, ACCEPTANCE OF GRANT OF EASEMENT - KENNETH AND SANDRA JOHNSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of March, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLII5RAD /ATTEST: _ I @ D A Gle Vaad, C air Weld County Clerk to the Board BY: Kg794, G David E. Lo g, Pro-Tem .�t7� Deputy Clerk to the Board M. J. Geile APPR AS TO • 2-L / �l —C illiam H. Jerke ( ty Attu'it y /(��1 1I 1 5( obert D. Nlasden Date of signature: 2002-0742 EG0046 MEMORANDUM 41-.1:1" n TO: Clerk to the Board DATE: March 22, 2002 FROM: Leon Sievers, Right-of-Way Agent WILDC SUBJECT: Agenda Item COLORADO Please place the following item on the Board's next agenda: Agreement for Conveyance of Easement with Kenneth Johnson and Sandra Johnson The appropriate documentation is attached. Enclosures • M:AWPFILES\Francie\AGENDA-4.IRC.wpd • 2002-0742 802 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 65 BETWEEN KENNETH JOHNSON AND SANDRA JOHNSON AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this pi day of /11c, rt' , 2002, by and between Kenneth Johnson and Sandra Johnson,whose address is 31504 Highway 52, Keenesburg, Colorado 80643, herein collectively 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 10`" Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 65, and WHEREAS,Owner owns propertydescribedin 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, in two parcels, as shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the"Easement" for the total sum of Six Hundred and no/100 ($600.00) dollars. This consideration is being offered in lieu of condemnation. 2. Owner agrees to grant 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 Page 1 of 2 Pages 111111111111 1111111 III 1111111 IIII 111111 III 11111 IIII IIII 2949802 05/08/2002 11:28A JA Suki Tsukamoto 1 of 6 R 0.00 D 0.00 Weld County CO 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 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 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: ,�, OWNER: / '/fi/hr>.l'< (/Cri /J'�'i'v �C�z-1C.Cc{ i�,.Q4-i— Kenneth Johnso Sandy Johnson TAX ID NUMBER: TAX ID NUMBER: /6-7,Q7-i /c S 7 / Ors ATTEST: t/ ,4f/ / t BOARD OF COUNTY COMMISSIONERS z a OF WELD COUNTY, STATE OF' ? `1g� • 5 COLORADO Weld County Clerk to t WI a Q,Div BY: ro 6 ' 1 ej/ ) BY: Deputy Clerk to the Board Glenn Vaad, C 3/27/2002) Page 2 of 2 Pages 1111111 11111 1111111 III 1111111 1111 111111 111 11111 It IIII 2949802 05/08/2002 11:28A JA Suki Tsukamoto 2 of 6 R 0.00 0 0.00 Weld County CO GRANT OF EASEMENT (Kenneth L. Johnson and Sandra K. Johnson-Weld County) This Grant of Easement, dated art] -3 U , 2002, is from Kenneth L. Johnson and Sandra K. Johnson, whose address is 31504 Highway 52, Keenesburg, Colorado 80643 ("Owners")to 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`^ Street, Greeley, Colorado 80631 ("County"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owners hereby grants, sells, assigns, conveys and quit claims to County a non- exclusive, perpetual easement, in two parcels, for the purpose of installation and maintenance of rip rap slope protection and extension of existing drainage facilities. The location of the easement parcels are described as follows: See Exhibit "A" and Exhibit Map The Easement hereby conveyed is for the construction, repair and maintenance of said slope protection and drainage facilities. 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 such slope protection and drainage facilities. This Easement shall be binding upon all and inure to the benefit of and be enforceable by the parties, their successors and permitted assigns. The Easement shall be governed and constructed in accordance with the laws of the State of Colorado. Page 1 of 2 page 1 111111 11111 1111111 III 1111111 I'll IIIIII III 11111 IIII I'll 2949802 05/08/2002 11:28A JA Suki Tsukamoto 3 of 6 R 0.00 D 0.00 Weld County CO Executed as of the date first set forth above. By: /'f/vii ' 421— Kenneth L. ohnson By: S d'za Sandra K. Johnson STATE OF COLORADO ) goui.I 'L )ss. COUNTY OF WEL-t3 ) The foregoing instrument was acknowledged before me this 3 O day of F1 tt l .- , 2002, by Kenneth L. Johnson and Sandr . Johnson, O Witness my hand and official seal. otary blic .�pRY PV My commission expires: 11 loll OS O•••.9 PHILIP A, GOIRAN 143/4. . OFCOc The Grantee hereby accepts this easement for the purposes set forth herein. COUNTY OF WELD, STATE OF ATTEST: janall /j!. /� COLORADO, GRANTEE Yt. A1 Deputy Clerk to the B and `; Glenn Vaad, C , oard of County city Commissioners of Weld County, Colorado (03/27/200) Page 2 of 2 pages IIIIII IIIII 1111111 III 1111111 IIII 111111 III IIIII IIII III\ 2949802 0510812 4 of 6 R 0.00 D 0.00 Weld County CO EXHIBIT A LEGAL DESCRIPTION PARCEL 1 A parcel of land located in the Southeast One-Quarter of Section 8, Township 1 North, Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Southeast corner of the Southeast One-Quarter of said Section 8, from whence the Northeast corner of the Southeast One-Quarter of said Section 8 bears N00°50'49"W, with all bearing contained herein relative thereto;thence N01°56'27"W a distance of 1571.27 feet to a point on the West line of Weld County Road 65 and the POINT OF BEGINNING; thence N38°59'44"W a distance of 60.34 feet; thence N00°59'56"W a distance of 216.07 feet; thence N29°45'55"E a distance of 74.31 feet to the West line of said Weld County Road 65; thence S00°50'49"E along said West line of Weld County Road 65 a distance of 327.47 feet to the POINT OF BEGINNING and containing 0.234 acres, more or less. PARCEL 2 A parcel of land located in the Northeast One-Quarter of Section 8, Township 1 North, Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Northeast corner of the Northeast One-Quarter of said Section 8, from whence the Southeast corner of the Northeast One-Quarter of said Section 8 bears S00°50'36"E, with all bearing contained herein relative thereto; thence S00°11'37"W a distance of 1657.36 feet to a point on the West line of Weld County Road 65 and the POINT OF BEGINNING; thence S24°49'50"W a distance of 46.56 feet; thence S00°45'52"W a distance of 105.90 feet; thence S21°10'48"E a distance of 66.56 feet to the West line of said Weld County Road 65; thence N00°50'36"W along said West line of Weld County Road 65 a distance of 210.23 feet to the POINT OF BEGINNING and containing 0.079 acres, more or less. Note: The above Legal Description was prepared by Leon W. Sievers, PLS #23520 and is based survey information obtained by Weld County Personnel and Recorded Exemption No: 1477-08- 4-RE2597 as found under Reception No. 2355469 in the Office of the Clerk and Recorder of Weld County, Colorado. 000.11 AVM% N• 23520 = 1111111111111111111 III 1111111 Ili/ 111111 III 11111 IIII 1111 �l. "° \ ' 2949802 05/08/2002 11:28A JA Suki Tsukamoto 5 of 6 R 0.00 D 0.00 Weld County CO KXIII HI T MAP PARCEL 1 i PARCEL 2 JL N it E1/4 C0R I io NE COR - Il SEC 8-1 -63 SEC 8-1 -63 30' ROW M N. U) •,4A CO ._ 4O CO 40�4M C4 k S 0 3].B' O S24'49'50"W 0 POB 0 46.56' a M N N N 3 20.1 O 3 M NLr)O N O W IE) i • CO) . . O1 O '- l0 L() b O M O LT) N 22.7 O o 'o U) Z o O 37.3' / Z CPA 6T, Lt S21'10'48"E A 66.56' T+ )7'. FOB ry Z O 30' ROW J _.4... V vJ CO \\\\WI! i�,-i7, �ry 1111\\\\OP•0• ./ ' /'�/.itis- 23520 - 3-w ,oz SE C0R SEC 8-1 -63 ////' %%, • A/' p •\� \ E1/4 COR TfYnnnIII10 SEC 8-1 -63 0 50 100 200 ini SCALE 1.100' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUNENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LWS °EEa» WELD COUNTY ROAD 65 / DRawN 1 DF DATE FEBRUARY 27, 2002 EXHIBIT MAP A 1 1111111 III 1111111 III 1111111 IIII 111111 III III IIII IIII 2949802 05/08/2002 11:28A JA Suki Tsukamoto 6 of 6 R 0.00 D 0.00 Weld County CO Hello