HomeMy WebLinkAbout20041217 RESOLUTION
RE: APPROVE CONVEYANCE OF EASEMENT, TEMPORARY CONSTRUCTION
EASEMENT,AND GRANT OF PERMANENT EASEMENT FOR WELD COUNTY ROAD
51 AND AUTHORIZE CHAIR TO SIGN - MARION AND CYNTHIA NEWNAM
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 a Conveyance of Easement, Temporary
Construction Easement,and Grant of Permanent Easement for Weld County Road 51 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 Marion and Cynthia Newnam, 25844
Weld County Road 16, Keenesburg, Colorado 80643,with terms and conditions being as stated
in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said documents,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 Conveyance of Easement, Temporary Construction Easement, and
Grant of Permanent Easement for Weld County Road 51 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 Marion and Cynthia Newnam be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign any necessary documents.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 26th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
• �� WELD COUNTY, COLORADO
ATTEST:j� E LA �1,�-k
"�'''����WW9 y +a Robert D. Masden, Chair
Weld County Clerk to th=J':o: fav3/4,319
' ( *We.
William H J rke, Pro-Tem
BY: ,L 1'1.: x. _� 'i� A
Deputy Clerk to the Board.
M. . teile
AP V S M:
Davi. . Long
ounty Att dey /till
5/5 Glenn Vaad
Date of signature:
2004-1217
EG0050
AO, re/0 e 5 -2/ o%
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AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY
ROAD 51 BETWEEN MARION A. NEWNAM AND CYNTHIA A. NEWNAM AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made and entered into this 2i si-day of Af R.l C. , 2004, by and
between Marion A. Newnam and Cynthia A. Newnam, whose address is 25844 Weld County
Road 16, 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 10th Street, Greeley, Colorado 80631,
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 51,
and
WHEREAS, Owner owns 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, as shown
and/or described on Exhibit"A", attached hereto and hereinafter referred to herein
as the"Easement" for the total sum of One Thousand Thirty and no/100
($1030.00) dollars. This consideration is being offered in lieu of condemnation.
2. Owner agrees to grant a Permanent Easement to County, 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
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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.
6. County will remove and replace the existing fence that presently exists along the
easterly side of Weld County road 51 with a 4 strand barbed wire fence with steel
and wood posts. The new fence will be installed along the Permanent Easement
line.
7. Owner agrees to grant a Temporary Construction Easement to County, free and
clear of all encumbrances, except existing easements. County agrees to reimburse
the Owner the sum of Nine Hundred Thirty Eight and no/100 ($938.00) dollars
for the execution of this Temporary Construction Easement
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.
Marion A. Ne am, Owner thia`:. Newnam, Owne
TAX ID NUMBER: TAX ID NUMBER:
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ATTEST: I���'� BOARD OF COUNTY COMMISSIONERS
IW9 ,��, OF WELD COUNTY, STATE OF
.. el* � COLORADO
Weld County Clerk to th v 1♦�
Deputy Clerk to the Board Robert D. as den, Chairman 2004
APR 26
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northwest One-Quarter of Section 32, Township 2 North,
Range 64 West of the Sixth Principal Meridian, Weld County, Colorado and more fully
described as follows:
Commencing at the Northwest corner of the Northwest One-Quarter of said Section 32,
from whence the Southwest corner of the Northwest One-Quarter of said Section 32
bears 500°05'29"W with all bearings contained herein relative thereto; thence
S45°09'04"E a distance of 42.25 feet to the South right-of-way line of Weld County road
16, the East right-of-way line of Weld County road 51 and the POINT OF BEGINNING;
thence N89°36'23"E along said South right-of-way line of Weld County road 16 a
distance of 10.00 feet; thence S00°05'29"W a distance of 1318.00 feet; thence
N89°36'23"E a distance of 10.00 feet; thence S00°05'29"W a distance of 50.00 feet;
thence S89°36'23"W a distance of 20.00 feet to the East right-of-way line of Weld
County road 51; thence N00°05'29"E along said East line a distance of 1368.00 feet to
the POINT OF BEGINNING and containing 0.332 acres, more or less.
The above description was prepared by Leon W. Sievers, Right of Way Agent, in and for
Weld County, Colorado and is based on survey information provided by King Surveyors
Inc., 9299 Eastman Park Drive, Windsor, Colorado 80550 (970) 686-5821, project#
2002382.
111111UJ '' 'll'!'AL!IIII IIII
CO
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EXHIBIT MAP �l
NW Cur S45•09'04% 42.25' N 1/4
Sec 32-2-64 N Sec 32-2-64
N89'36'23'E 10.00' J L
r
N 00
NW 1/4
,ler a. at
3E Sec 32— T2N— R64W
s Si
O
N Z N
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1/2
N89'38'23'E 10.00'
500'05'29'W 50.00'
589'36'23"W 20.00'
W 1/1/\•
Sec 32-2-64
0 125 250 500 HBO 111111111111111111111I11111VIII ��� 11111 ���� ����
3181400 05/19/2004 11:47A Weld County, CO
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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
meter LVS
DESIGN WELD COUNTY ROAD 51 EASEMENT 1 OF 1
1
DRAM JJJ.114DESCRIPTION
DATE September 12, 2003 EXHIBIT MAP
TEMPORARY CONSTRUCTION EASEMENT
0
THIS TEMPORARY CONSTRUCTION EASEMENT is between Marion A. and
Cynthia A. Newnam, whose address is 25844 Weld County Road 16, Keenesburg,
Colorado 80643, 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 10th Street Greeley, Colorado 80631, Grantee.
WITNESSETH:
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 the construction of a roadway ditch as part of the
improvements to Weld County Road ("WCR") 51, in and to, over, under and across the
following described land:
The East 10.00 feet of the West 40.00 feet of the North 1318 feet of the
Northwest One-Quarter of Section 32, Township 2 North, Range 64 West
of the Sixth Principal Meridian, County of Weld, State of Colorado.
Together with all rights and privileges as are necessary or incidental to the reasonable
and proper use of such easement. Said Temporary Construction Easement is subject to
the following conditions and covenants:
1. The Temporary Construction Easement shall commence on April 15, 2004, and
shall expire and be of no further force or effect on December 31, 2004 or the end
of the road reconstruction and improvements to WCR 51, whichever is earlier.
2. During the term of the Temporary Construction 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. Grantee shall reimburse the Grantor the sum of Nine Hundred Thirty Eight and
no/100 ($938.00) dollars for the Grant of this Easement.
5. All of the covenants herein contained shall be binding upon and inure to the
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benefit of the parties hereto, their respective personal representatives,
successors and assigns.
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 aIs~day of Alai , 20O
Q/lc/vt 4 .
M ion A. Newnam Cy hi A. Newnam
Tax Number Tax Number
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the
purpose set forth herein.
ATTEST: guilt ,1r�i��� COUNTY OF WELD,
'` L��� STATE OF COLORADO, GRANTEE
i
Deputy Clerk to the B,' :r,"; A Robert D. asden, Chairman APR 2 6 2004
:U •
R Board of County Commissioners
M:U.eon\wcr 51\te WCR 51 Newnam.doc
1 111111 11111 IIII! 11111 11111 11111 III 11111 IIII IIII
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GRANT OF PERMANENT EASEMENT
(Marion A. Newnam and Cynthia A. Newnam-Weld County)
THIS GRANT OF PERMANENT EASEMENT is made by and between Marion A.
Newnam and Cynthia A. Newnam,whose address is 25844 Weld County Road 16, Keenesburg,
Colorado 80643 ("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 the reconstruction of an existing roadside ditch
and reconstruction and maintenance of a box culvert.
The location of the easement parcel is described as follows:
See Easement Exhibit"A"and Easement Exhibit Map
The Permanent Easement hereby conveyed is for the reconstruction of said roadside ditch
and reconstruction and maintenance of a box 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. This
conveyance shall be deemed to include sufficient land for the construction 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 of said roadside ditch
and box 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.
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IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
•
anon A. Newnam, Owner C *a A. Newnam, caner
STATE OF COLORADO ) �)
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 11r day of
, 2004,by Marion A. Newnam and Cynthia A.Newnam, Owners
Witness my hand and official seal.
_ems, (4-1 4-ci
Notary Public
,Fir W HNMMaM�
My commission expires: 08 o t, g A'M#LEON SIEVERSMMq'pgp
o NOTARY PUBLIC
STATE OF COLORADO /$
THE GRANTEE�HE^REBY ACCEPTS this easement for the purposes set forth herein on
this the 2h,tZ day of�L2..L,e , 2004
,�t��,` COUNTY OF WELD, STATE OF
ATTEST: faudei !�f�C ` COLORADO, GRANTEE
pIIMP
Deputy Clerk to the�: (pip ♦ Robert D. Masden, Chai an,-Board of
County Commissioners of Weld County,
'1��°4�I Colorado APR 2 6 2004
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northwest One-Quarter of Section 32, Township 2 North,
Range 64 West of the Sixth Principal Meridian, Weld County, Colorado and more fully
described as follows:
Commencing at the Northwest corner of the Northwest One-Quarter of said Section 32,
from whence the Southwest corner of the Northwest One-Quarter of said Section 32
bears S00°05'29"W with all bearings contained herein relative thereto; thence
S45°09'04"E a distance of 42.25 feet to the South right-of-way line of Weld County road
16, the East right-of-way line of Weld County road 51 and the POINT OF BEGINNING;
thence N89°36'23"E along said South right-of-way line of Weld County road 16 a
distance of 10.00 feet; thence S00°05'29"W a distance of 1318.00 feet; thence
N89°36'23"E a distance of 10.00 feet; thence S00°05'29"W a distance of 50.00 feet;
thence S89°36'23"W a distance of 20.00 feet to the East right-of-way line of Weld
County road 51; thence N00°05'29"E along said East line a distance of 1368.00 feet to
the POINT OF BEGINNING and containing 0.332 acres, more or less.
The above description was prepared by Leon W. Sievers, Right of Way Agent, in and for
Weld County, Colorado and is based on survey information provided by King Surveyors
Inc., 9299 Eastman Park Drive, Windsor, Colorado 80550 (970) 686-5821, project#
2002382.
111111111111 11111 111111111111 11111 MHO IIII IIII
3181402 05/19/2004 11:47A Weld County, CO
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EXHIBIT MAP A
NW Cor 545'09'04"E 42.25' N 1/4
Sec 32-2-64 N 9' Sec 32-2-64
N69'36'23"E 10.00' J L
� n
-CV Lo
CX NW 1 /4
eV o Sec 32— T2N— R64W
o>c Z
N
U7
Oa
OV
O 1
N ^,
^a' N89'38'23"E 10.00'
500'05'29"W 50.00'
\`589.36'23"W 20.00'
W 1/\
Sec 32-2-64
0 125 250 500 1 111111 11111 11111 11111 1111111 VIII 11111 III 11111 EIRE
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 3181402 05/19/2004 11:47A Weld County, CO
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 4 0� 4 R 0.00 0.00 Steve Moreno Clerk& Recorder
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
min, LYS
C WELD COUNTY ROAD 51 EASEJIENT 1 1
mom JJH DESCRIPTION
EXHIBIT MAP Dm September 12, 2003
Kit0
MEMORANDUM
IngeTO: Board of County Commissioners DATE: April 21, 2004
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Agreement for Conveyance of Easement, Temporary Construction Easement, and Grant of
Permanent Easement with Marion A. Newnam and Cynthia A. Newnam.
Enclosures
pc: Leon Sievers
M:\Francie W Benda-l.doc
2004-1217
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