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Home My WebLink About20042319.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - B&E RENTAL PROPERTIES, 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 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 B&E Rental Properties, LLC, 22670 Weld County Road 52, Greeley, Colorado 80631, with further terms and conditions being as stated in said agreement and easement, and WHEREAS, after review, the Board deems it advisable to approve said agreement and 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 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 B&E Rental Properties, LLC be, and hereby are, 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 9th day of August, A.D., 2004. BOARD OF COUNTY COMMISSIONERS EJLa WELD COUNTY, COLORADO n�S la Robert D. Malden, Chair C Clerk to the Board 7, William H. Jer Pro-Tem Deputy Clerk to the Board M. J. eK t APP D AS T M: Davi. E. Long my Attornei g g G enn Vaad — Date of signature: 2004-2319 CO.. ?L_� 1W1 ATipL EG0047 O1--0a-off MEMORANDUM CTO: Clerk to the Board DATE: August 4, 2004 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement for Conveyance of Easement, Temporary Construction Easement, and Grant of Permanent Easement with B & E Rental Properties for the improvements to WCR 47. The appropriate documentation is attached. Enclosures pc: Leon Sievers M:Francie\Agenda-2.doc 2004-2319 144 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 47 BETWEEN B&E RENTAL PROPERTIES, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into thisaq day of , 2004, by and between B&E Rental Properties,whose address is 22670 Weld Count o 52, Greeley, Colorado 80631, 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 47, and WHEREAS, Owner owns property described in the attached Exhibit"C",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"C", attached hereto and hereinafter referred to herein as the "Easement" for the total sum of Three Hundred Fifty and no/100($350.00) 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. Page 1 of 2 Pages 1 111111 11111 1111 IIIII 111111 11111 IIIII III 11111 IIII LIII 3213144 08/27/2004 01:17P Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Q7poz/- 3/� 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 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: B&E Rental Properties, LLC 9/ .) a Helen H. Burns TAX ID NUMBER: �� /044,01,4„ /� , /G BOARD OF COUNTY COMMISSIONERS G� %�// OF WELD COUNTY, STATE OF COLORADO is6i f 4} 4YIC� Clerk to the Board }3Y `r` a y� BY: (� ‘1%L___. . Deputy'Cler tot e Board Ro ert D. asden, Chairman AUG 0 91004 Page 2 of 2 Pages AIM IIIIIVIII HEM" IIIIIVIII III 11111lIIIIIII 3213144 08/27/2004 01:17P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aGn47-a 19 EASEMENT EXHIBIT C LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 35, Township 5 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Northeast corner of said Northeast One-Quarter, from whence the Southeast corner of said Northeast One-Quarter bears S00°13'33"E with all bearings contained herein relative thereto; thence S03°33'47"W a distance of 454.00 feet to a point on the west right-of-way line of Weld County road 47 and the POINT OF BEGINNING; thence S00°13'33"E a distance of 30.00 feet; thence S89°46'27"W a distance of 20.00 feet; thence N00°13'33"W a distance of 30.00 feet; thence N89°46'27"E a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.014 acres, 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, 6844 North Franklin Avenue, Loveland, Colorado 80538 11111111111 1111111111111111 Hill 11111 III IIIII IIII Ill 3213144 08/27/2004 01:17P Weld County, CO 3 0l 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP C NE 1/4 NE 1/16 Car Sec 35- T5N- R65W NE Sc. Car Sec 35-5-6®55 ^ See 35-5-85 � v .-_,_ N69'4S 20'W \ 503'33'47.W 454.00' N89'48'27'E 20.00'\ 500'13$3'W NOO'13'33'W / 30.00' _ 30.00' - wra Ei, a 0 ==Or a--a-Vid 0/ a Y V — = O OI C C3 589'46'27,01d U o 20.00' N. N O =a m o wag,eO �, 3 �m aa. '�I n '0 a 0 M O a^� M q ^y ^ O M4 O 2 ____.c.at Ov O Z a Q O ��oo _N No aOO E Q JL aka N a'ii 0 -Ir I 0 100 200 400 ^ N89'47'44'W 1289.93' 777"- / ialm 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. E 1/4 Car Sao 35-5-65 WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LYS DENIM WELD COUNTY ROAD 47 EASEMENT 1 ' 1 DRAWN JULY 20, 2004 EXHIBIT MAP DESCRIPTION 143 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between B&E Rental Properties, LLC, whose address is 2267O Weld County road 52, Greeley, Colorado 8O631, 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 1Oth Street Greeley, Colorado 8O631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for extra grading and shaping of the roadway ditch during the construction of improvements to Weld County Road#47, in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT"A" 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 August 1, 2OO4, and shall expire and be of no further force or effect on August 1, 2OO5 or the completion of the project, whichever is earlier. 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. Grantor shall grant Grantee access onto the property to regrade, reshape and rebuild the existing driveway(s) as necessary and to the satisfaction of the Grantor. 6. Grantee will remove the existing fence, if necessary for construction. If the existing fence is removed, Grantee will install a new fence along the right-of-way line at the end of construction. - 1 - IIIIIIIIIIIIIII' VIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIII'll 3213143 08/27/2004 01:17P Weld County, CO 1 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a7CiO� 7. Grantee will reimburse Grantor the sum of Three Hundred Fifty and no/100 ($350.00)dollars for the execution of this Temporary Construction Easement. IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. c-ppY `, OWNER: B&E/fRRRENTAL PROPERTIES, LLC / • NO RMA I. i Helen H. Burns a , BARRANDEY toS om •. !o, O t1t C .O�ls TAX ID NUMBER: ‘‘‘‘‘OF My Commission Expires:01"20.2008 8'l/--A5-25-71 0 STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2017, by B&E Rental Properties, LLC, by Helen H. Burns, Owner. Witness my hand and official seal. N ary Public My commission expires: Or- Z0-200$ GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. COUNTY OF WELD, STATE OF ' iebt COLORADO, iecDO, GRA�N�TREnE ri C /k to the Board Robert D. Masden, Chairman, Board of ®!will' County Commissioners. AUG O 9 2004 2 1 IIIIII 1111111111 11111111111111111111 11111 NMI 3213143 08/27/2004 01:17P Weld County, CO 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Apo!/ g3/� EASEMENT EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 35, Township 5 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Northeast corner of said Northeast One-Quarter, from whence the Southeast corner of said Northeast One-Quarter bears S00°13'33"E with all bearings contained herein relative thereto; thence S05°29'05"W a distance of 301.50 feet to a point on the west right-of-way line of Weld County road 47 and the POINT OF BEGINNING; thence S89°46'17"W a distance of 10.00 feet; thence S00°13'33"E a distance of 1024.43 feet; thence N89°47'44"E a distance of 10.00 feet to the west right- of-way line of Weld County road 47; thence N00°13'33"W along said west right-of-way line a distance of 1024.43 feet to the POINT OF BEGINNING and containing 0.235 acres, 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, 6844 North Franklin Avenue, Loveland, Colorado 80538 11111111111111111111111111111111111111 III IIIII IIII IIII 3213143 08/27/2004 01:17P Weld County, CO 3 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP A NE 1/4 Sec 35— T5N— R65W NE 1116 Cor NE See Cor Sec 5-5-65 See 35-5-65 505'29'05'W 301.50' 589'46'17'W 10.00' r m rn SOO'13'33'E 1024.43' Oj w � " W C� VeN No la I 0 _Ee304 �� `o rV O M — =MERE O o M N O —3m O v arm 6 Z am T. .y ell aril at NOO'13'33'W 1024.43' J ewe<o �Nc J L Smo o mom IIC �4m ISIr O 86 v N69'47'44'E 10.00' 0 100 200 400 N89.47'44"W 1289.93' / ImIS 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. E 1/4 Cor See 35-5-65 WELD COUNTY PUBLIC WORKS DEPARTMENT oft" LVS DESIGN WELD COUNTY ROAD 47 EASEMENT 1 OF 1 `� '�" DESCRIPTION 1 DATE May 27, 2004 EXHIBIT MAP • EXHIBIT B GRANT OF PERMANENT EASEMENT (B&E Rental Properties, LLC-Weld County) This Grant of Permanent Easement is made by and between B&E Rental Properties, LLC, %Helen H. Bums whose address is 22670 Weld County road 52, Greeley, Colorado 80631 ("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 ("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 a roadway culvert. The location of the easement parcel is described as follows: See Easement Exhibit"C"and Easement Exhibit Map "C" The Permanent Easement hereby conveyed is for the installation and maintenance of a roadway culvert. 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 installation and maintenance of the 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 on such area as may be necessary or useful for the installation and maintenance of the culvert. 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 111111111111 11111 111111111111 11111 11111 III IIIII IIII IIII 3213143 08/27/2004 01:17P Weld County, CO 5 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowled u,. - sforth below. Ai ^��C+it OWNER: jx NOflMA I. 1 B&E RENTAL PROPERTIES, LLC li lt'-..... •• Qt Helen H. Bums 'la r?b\----- '4O4.•. ,,e- My Commission Expires:01.20 2008 STATE OF COLORADO ) )ss. COUNTY OF \ ltd ) The foregoing instrument was acknowledged before me this a,gl'I'day of 3'Aj , 2004,by B&E Rental Properties, LLC, Owner by Helen H. Bums Witness my hand and official seal. � yll Notary Public My commission expires: 0I- 2D-2006 The Grantee hereby accepts this easement for the purposes set forth herein on this the Et-el-- day of/L,itt,, —, 2004 COUNTY OF WELD, STATE OF ATTEST: LS COLORADO, GRANTEE (21)-----..., eputy Clerk to the Board i ..Ateszp ert D. Masden, Chairman, Board of ; N, my Commissioners of Weld County, O Olorado 62/O11 OP,--a 13213143 111111111111111111111111111 Ell NEE VI111111III!08/27/2004 1County, CO 6 of 8 R 0.00 D 0.00 Steve Moreno Clerk 6 Recorder EASEMENT EXHIBIT C LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 35, Township 5 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Northeast corner of said Northeast One-Quarter, from whence the Southeast corner of said Northeast One-Quarter bears S00°13'33"E with all bearings contained herein relative thereto; thence S03°33'47"W a distance of 454.00 feet to a point on the west right-of-way line of Weld County road 47 and the POINT OF BEGINNING; thence S00°13'33"E a distance of 30.00 feet; thence S89°46'27"W a distance of 20.00 feet; thence N00°13'33"W a distance of 30.00 feet; thence N89°46'27"E a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.014 acres,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, 6844 North Franklin Avenue, Loveland, Colorado 80538 11111111111111111111111111111 11111 NEM 11111 I I I I III I 3213143 08/27/2004 01:17P Weld County, CO 7 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP C NE 1/4 Sec 35— T5N— R65W NE 1/16 Cor NE Sec Cor Sec 35-5-85 Sic 35-5-65 -- $934.20"W 503'33'47'W 454.00' N89'48'27'E 20.00'\ \\\ 500'13'33"W NOO'13'33'W / 30.00' 30.00' - ..._./ — O v T -01 of 589'46'27'W `% V 0) C Or. r0 20.00' N OW ��m 3 D � 0O T`\ M O fa0 C N rem O N -go O p O O v O Z =t 0 -;- =OO O =0O No J L I a rocc —gym —r --` a _gioc I 0 100 200 400 N89'47'44'W 1289.93' �Isi / 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. E 1/4 Cor Sec 35-5-65 WELD COUNTY PUBLIC WORKS SLIWET LVS DESIGN WELD COUNTY ROAD 47 EASEMENT 1 a 1 1 DATE JAY 20, 2004 EXHIBIT MAP DESCRIPTION Hello