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Home My WebLink About20041909 RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT FOR IMPROVEMENTS TO WELD COUNTY ROAD 51 AND AUTHORIZE CHAIR TO SIGN - ROBERT AND DAWNA GUDKA 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 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 Robert and Dawna Gudka, 6363 Weld County Road 51, 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 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 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 Robert and Dawna Gudka, 6363 Weld County Road 51, Keenesburg, Colorado 80643 be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by =ing vote on the 12th day of July, A.D., 2004. Ell.'A,,� BOARD OF COUNTY COMMISSIONERS tit WE COUNTY, COLORADO IasiAV �/'// 44V\4) • ,! Dom(/!/iii( � * S Robert D. Masden, Chair�y j c�uAClerk to the Board zi William H , erke, Pro-Tem BY: (?(.--iputy Clerk to the Board .-V// O DA F M: M Ze, oecve Dav i E. Lon untyAttorAey Glenn Va Date of signature: x/)1/,4/ 2004-1909 EG0050 4--aag C\911:7; MEMORANDUM CTO: Clerk to the Board DATE: July 1, 2004 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement for Conveyance of Easement with Robert A. Gudka and Dawn L. Gudka for the improvements to WCR 51 The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent — Ma riancie.Aeend-Leon-doc \n 2004-1909 '155 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 51 BETWEEN ROBERT A. AND DAWNA L. GUDKA AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this .13 day of ,j c.n , 2004, by and between Robert A. and Dawna L. Gudka, whose address is 6363 Weld County Road 51, 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 install and maintain a roadway culvert as part of 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 Five Hundred and no/100 ($500.00) dollars. This consideration is being offered in lieu of condemnation. 2) Owner agrees to grant 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 respect Page 1 of 2 Pages I HID 1111 1 11111 1111111 11111 IIII 111111 IVIES '!" 3200755 07/21/2004 12:47P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ac°Cy—/9/% 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 agrees to install a livestock guard at the west end of the culvert. Owner agrees to remove debris that accumulates o,t +ke. tic 4le_1- s.'Ae_ Prcpeffy5.d-e-Ece .Le_ C...-IUr.tE ,*o - en& eke- ;✓Afr rr CwIUI�^-F o.' O4- fL C�'FI�Y , 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: r('-Eel a. ,d,,,0-14 �� ll it fradtkiRobert A. Gudka Dawna L. Gild{ TAX ID NUMBER: TAX ID NUMBER: s R)- 3 4329 5422-q2- 021.213 ATTEST: j 4/4eal ��\' 1 / libsBOARD OF COUNTY COMMISSIONERS dF WELD COUNTY, STATE OF 'IB'I .4""t• �'$•LORADO R tICS Wan Weld County Clerk to the Boa • uG• . °r. tqp 1111 per/ �e BY: /L4- ' dr . !Z- s �j" BY: � Deputy Cler to the Board Robert D. Masden, hairman JUL 1 2 2004 Page 2 of 2 Pages 1 111111 11111 11111 1111111 11111 IIII 111111 III 11111 IIII IIII 3200755 07/21/2004 12:47P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 6, Township 1 North, Range 64 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 Southeast One-Quarter of said Section 6, from whence the Southeast corner of said Section 6 bears S01°25'42"E with all bearings contained herein relative thereto; thence S07°49'57"W a distance of 183.21 feet to the west right-of-way line of Weld County road 51 and the POINT OF BEGINNING; thence S01°25'42"E along said west line a distance of 20.00 feet; thence S88°45'22"W a distance of 15.00 feet; thence N01°25'42"W a distance of 20.00 feet; thence N88°45'22"E a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.007 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 King Surveyors, Windsor, Colorado. 111111111111111111111111111111111111111 ill 11111 ��! 1111 3200755 07/21/2004 12:47P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP A E 1/4 Cor J L Sac 6-1-64 it S7'59'47'W 183.21' N88'45'22'E 15.00' SE 1/4 : ``' N01'25'42'W 20.00' Sec 6— T1N— R64W S86'45'22'W 15' § h a Cl —' IC 01 C I MO C N o m Lal I N '1- ..,.. O IA al N �N O 6 N 30' ROW—y SE Cor Sae 6-1-64 0 50 100 200 1 111111 11111 11111 1111111 IIIII IIII 111111 III 11111 1111 1111 3200755 07/21/2004 12:47P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 arrvEY LVS DESIGN WELD COUNTY ROAD 51 EASEMENT 1 DF 1 DRAWN JJH DESCRIPTION DATE September 12, 2DD3 EXHIBIT MAP 0 MEMORANDUM CTO: Clerk to the Board DATE: October 11, 2004 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Chair's Signature Requested Grant of Permanent Easement with Robert A. Gudka and Dawna L. Gudka for Improvements to WCR 51. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc 11? C (/ /47LI 1EMIR 11111 IMO 11111 11111 HE III 11111 HIM 3233524 11/05/2004 02:48P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder j GRANT OF PERMANENT EASEMENT (Robert A. Gudka and Dawna L. Gudka- Weld County) This Grant of Permanent Easement is made by and between Robert A. Gudka and Dawna L. Gudka, whose address is 6363 Weld County Road 51, 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 construction and maintenance of a roadway culvert and other appurtenances. The location of the easement parcel is described as follows: See Easement Exhibit"A" and Easement Exhibit Map 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 and maintenance of said roadway culvert and other appurtenances. 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 and maintenance of said roadway 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 c;oDq— / o 1111111 11111 11111 NMI 11111 I I I I 111111 III 111111111 III I 3233524 11/05/2004 02:48P Weld County, CO 2 of 4 ft 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below.44C G a11/?A � 9,J Robert A. Gudka, Owner Dawna L. Gu a, Owner STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me thicQ�ay of eoOLu/11 .t, 2004, by Robert A. Gudka and Dawna L. Gudka, Owners. Witness my hand and official seal. `*"‘ &�:‘.‘O 1 �� otary Public My commission expires: %�• m I i , • G vs , L or„ ‘POFE The Grantee hereby accepts this easement or tie purposes set forth herein on this the day of , 2004 �_ COUNTY OF WELD, STATE OF ATTEST: M G..re�( COLORADO, GRANTEE / ,J eputyCle to the Bo.. ; . ��i.:, Robert D. Masden, Chairman, Board of 1 „ 1 :•-�. �lc� County Commissioners of Weld County, ftr 4, Colorado 0CT 2 0 2004 i r cvtD 017( cc!) 1111111111111111111111111111111111111H 11111 liii 1111 3233524 11/05/2004 02:48P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 6, Township 1 North, Range 64 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 Southeast One-Quarter of said Section 6, from whence the Southeast corner of said Section 6 bears S01°25'42"E with all bearings contained herein relative thereto; thence S07°49'57"W a distance of 183.21 feet to the west right-of-way line of Weld County road 51 and the POINT OF BEGINNING; thence S01°25'42"E along said west line a distance of 20.00 feet; thence S88°45'22"W a distance of 15.00 feet; thence N01°25'42"W a distance of 20.00 feet; thence N88°45'22"E a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.007 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 King Surveyors, Windsor, Colorado. EXHIBIT MAP A 111111111111 11111 1111111 11111 11111 IIIII III 11111 1111 1111 3233524 11/05/2004 02:48p Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder J L E 1/4 CorMT See 6-1-64 -Ir ST59'47'W 183.21' N88'45'22'E 15.00' 8•N • SE 1/4 " `r, N01.25'42'W 20.00' W Sec 6— T1N— R64W r La S8W45'22"W 15' 0 d N IC CD M t0 N O 0 0 W d e N "' ✓ O In 0 N 'y • O O N 30' ROW— D.- SE Cor See 6-1-64 0 50 100 200 eel— NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PUT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SWIM LWS DESIGNWELD COUNTY ROAD 51 EASEMENT 1 ' 1 CRAMS JJH DESCRIPTION EXHIBIT MAP 1 DAME September 12, 2003 Hello