The URL can be used to link to this page

Browse Search

Home My WebLink About20021093.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 65 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - PROSPECT VALLEY FARMS, LTD. 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 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 Prospect Valley Farms, Ltd., with 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 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 Prospect Valley Farms, Ltd., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of April, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELDCOUNTY, COLORADO ATTEST: �/ �{ �"� �'� X zi �� t E Lai G -n Vaad, Chair rWeld County Clerk to the •ar. - cr,t, .861 -.io - ( 'ZLI)ii David E. ng, Pro-Tem BY: _ • , Deputy Clerk to the Ba ' M. J. Geile AP ED A$- 7 .7 t RM: 4% ^� l ' liam H. Jerke County ornef--7„.._ S/ Robert D. Ma den Date of signature: � 2002-1093 &J.' e‘-,' ,ruayDeC/ l d//e / ir/vs- EG0046 MEMORANDUM rest1140 , TO: Clerk to the Board DATE: April 23, 2002 FROM: Frank B. Hempen, Jr. Director of Public Works/County Engine C SUBJECT: Agenda Item • COLORADO Please place the following item on the Board's next agenda: Agreement for Conveyance of Easement for Certain Improvements to WCR 65 with Prospect Valley Farms, LTD. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\WPFILESTrancle\AGENDA-3.1RC.wpd 2002-1093 276 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 65 BETWEEN PROSPECT VALLEY FARMS, LTD AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this22-41ay of 2002, by and between Prospect Valley Farms, LTD, whose address is 1942 Broadway #5 6, Boulder, Colorado 80302, 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 10th 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 property describedinthe attachedExhibit"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 Exhibit "A", attached hereto and hereinafter referred to herein as the "Easement" for the total sum of Three Hundred and no/100 ($300.00)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 I of 2 Pages 111111 11111 1111111 III 11111 11111 1111111 III 111112 IIII IIII 19of R 0.00 D 0.00 Weld County 25 05/09/2002 03:58P �COsukamolo 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. O ER: PR SPECT VALLEY FARMS, LTD. Walrave etellapper, General Partner TAX ID NUMBER: ATTEST: // , ,ja.., BOARD OF COUNTY COMMISSIONERS a OF WELD COUNTY, STATE OF' COLORADO Weld County Clerk to t p BY: !s�✓j/�/ 8'V / r `_4 BY: _,Addjha_ Deputy Clerk to the Board Glenn Vaad, Chairman (04/29/2002) Page 2 of 2 Pages I111111VIII1111111 III VIII1I1ll NIB IIIVIIIIIII IIII 2950276 05/09/2002 03:58P JA Suki Tsukamolo 2 of 5 R 0.00 D 0.00 Weld County CO EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Northwest One-Quarter of Section 9, Township 1 North, Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Northwest corner of the Northwest One-Quarter of said Section 9, from whence the Southwest corner of the Northwest One-Quarter of said Section 9 bears S00°50'36"E, with all bearing contained herein relative thereto; thence S01°51'51"E a distance of 1684.04 feet to a point on the East line of Weld County Road 65 and the POINT OF BEGINNING; thence N87°50'00"E a distance of 67.26 feet; thence S03°39'19"E a distance of 30.68 feet; thence S32°13'01"W a distance of 126.02 feet to the East line of said Weld County Road 65; thence N00°50'36"W along said West line of Weld County Road 65 a distance of 134.71 feet to the POINT OF BEGINNING and containing 0.130 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: 1477-09- 2-RE1514 as found under Reception No. 2355469 in the Office of the Clerk and Recorder of Weld County, Colorado. 1111111 11111 3111 III 11111111111111111 I I 1111111111 O 2950276 05/09/2002 03:58P JA Suki Tsukamoto 3 of 5 R 0.00 13 0.00 Weld County CO EXHIBIT B GRANT OF EASEMENT (Prospect Valley Farms, Ltd-Weld County) This Grant of Easement, dated , 2002, is from Prospect Valley Farms, Ltd, whose address is 1942 Broadway#506, Boulder, Colorado 80302 ("Owner") 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 10th 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 installation and maintenance of rip rap slope protection and extension of existing drainage facilities. The location of the easement parcel is 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 1111 11111 1111111 III 11111 11111 ENE III 11111 IIII IIII 2950276 05/09/2002 03:58P JA Suki Tsukamoto 4 of 5 R 0.00 D 0.00 Weld County CO Executed as of the date first set forth above. By: Walraven Ketellapper, General Partner for Prospect Valley Farms, Ltd. STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2002, by Walraven Ketellapper, General Partner. Witness my hand and official seal. Notary Public My commission expires: The Grantee hereby accepts this easement for the purposes set forth herein. COUNTY OF WELD, STATE OF ATTEST: COLORADO, GRANTEE Deputy Clerk to the Board Glenn Vaad, Chairman, Board of County Commissioners of Weld County, Colorado Page 2 of 2 pages 1 111111 VIII 1111111 III 11111 11111 1111111 III VIII IIII IIII 2950276 05/09/2002 03:58P JA Suki Tsukamoto 5 of 5 R 0.00 D 0.00 Weld County CO GRANT OF EASEMENT 534 (Prospect Valley Farms, Ltd-Weld County) This Grant of Easement, dated 2-3 , 2002, is from Prospect Valley Farms, Ltd, whose address is 1942 Broadway#506, btoulder, Colorado 80302 ("Owner") 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`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 installation and maintenance of rip rap slope protection and extension of existing drainage facilities. The location of the easement parcel is 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 ILO 111111111111 �� 111111 liii 1111111 III IR HIM 2990534 09/26/2002 11:37A Weld County, CO 1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto �cvoz_/o93 Executed as of the date first set forth above. By: alraven Ketellapper, General Partner for Prospect Valley Farms, Ltd. STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 2 day of , 2002, by Walraven Ketellapper, General Partner. Witness my hand and official seal. Notary Public r 0-NOscl i0 My commission expires: *in \c, ^=°o/ P` Li �¢ . '. .' i The Grantee hereby accepts this easement for the purposes set forth herein. �4�' a., � ,�,,,,,,,,,;, °'` ►� 1 COUNTY OF WELD, STATE OF ATTEST: � �l�i! :. `', LORADO, GRANTEE 861 t0 92 Deputy Clerk to the I . q J F? 4 / David E. Long, C it Pro-Tem U/N 11 jf Weld County Boar of Commissioners -�. (signed 09/09/2 2; approved 04/29/2002) Page 2 of 2 pages 11111111111 1111111111 111111III11111111 I I 111111 11111111 2990534 09/26/2002 11:37A Weld County, CO 2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Northwest One-Quarter of Section 9, Township 1 North, Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Northwest corner of the Northwest One-Quarter of said Section 9, from whence the Southwest corner of the Northwest One-Quarter of said Section 9 bears S00°50'36"E, with all bearing contained herein relative thereto; thence S01°51'51"E a distance of 1684.04 feet to a point on the East line of Weld County Road 65 and the POINT OF BEGINNING; thence N87°50'00"E a distance of 67.26 feet; thence S03°39'19"E a distance of 30.68 feet; thence S32°13'01"W a distance of 126.02 feet to the East line of said Weld County Road 65; thence N00°50'36"W along said West line of Weld County Road 65 a distance of 134.71 feet to the POINT OF BEGINNING and containing 0.130 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: 1477-09- 2-RE1514 as found under Reception No. 2355469 in the Office of the Clerk and Recorder of Weld County, Colorado. 23520 • 111111111111111111113111 1111111 I I 111111 I I I I I I I I 2990534 09/26/2002 11:37A Weld County, CO 3 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto fi,XIIIJ3I T MAP NW COR SEC 9-1 -63 0 I N J IT RI ' r I � N67'50'00"E 67.26' 0 50 100 200 POD IR_a SCALE 1'100' vt M ry W 0 ' ^ryO. O o -CD up 0 M !3 M 0 N 'O \� zc 30' ROW t(J 0011 Ili/ Co ;$4. '`'`9Fo%, 'o -9 _ W1/4 C0R z _ SEC 9-1 -63 23520 mss'-.I S' // o� \\\\\\�: 11111"\\\� NOTE: THIS EXHIBIT YAP DOES NOT REPRESENT A NONUNENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SLAVEY LIdS DEsmN WELD COUNTY ROAD 65 DRAWN 1 ° 1 DATE FEBRUARY 27, 2002 EXHIBIT MAP A 1 111111 11111 1111111 III 111111 I 1111111 111 11111 11111111 2990534 09/26/2002 11:37A Weld County, CO 4 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto MEMORANDUM pf a ',(,, laipeRH TO: Clerk to the Board DATE: August 26, 2002 FROM: Frank B. Hempen, Jr., P.E. 11 C Director of Public Works/County Engineer COLORADO • SUBJECT: Item for Chair's Signature Please submit the enclosed documents for the Chair's signature. Grant of Easement with Prospect Valley Farms,Ltd.for the Agreement for Conveyance of Easement on WCR 65(2002-1093)approved by the Board of Weld County Commissioner on April 29, 2002. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\WPFILESTrancie\SIGNATUREI.wpd Ga2_ /073 Hello