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Home My WebLink About20040198.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT OF PERMANENT EASEMENT AND AUTHORIZE CHAIR TO SIGN - RICHARD BAUMGARTNER 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 Agreement for Conveyance of Easement and Grant of Permanent Easement between the Countyof Weld,State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Richard Baumgartner, 31256 Highway 52, 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 Agreement for Conveyance of Easement and Grant of Permanent 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 Richard Baumgartner be, and hereby is, 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 12th day of January, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO ATTEST: getil;/ .I %;. f % O r a% Robert D. Masden, Chair Weld County Clerk to B ortl CV" --'2 CC Q William H. Je , Pro-Tem BY: _ l_n Deputy Clerk to the -,w. 07,k1. 1--‘ � �� ll�� M. . eile APPRO D AS TO F 11 .1, David Long - lam ounty Attorryey Glenn Vaad Date of signature: 'c/ 2004-0198 EG0050 CO 615 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 51 BETWEEN RICHARD BAUMGARTNER AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this/ 7 day of pec cenlek2003, by and between Richard Baumgartner,whose address is 31256 Highway 52, Keenesburg, Colorado 80634, herein 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. Irra E NOW, THEREFORE, the parties herein agree as follows: g o cc 1. Owner agrees to sell and County agrees to purchase the Easement, as shown and/or �"Y 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 S consideration is being offered in lieu of condemnation. -e0 �3� 2. Owner agrees to grant Easement to County by using substantially the Easement Form sd which is attached hereto as Exhibit `B", free and clear of all encumbrances, except �' existing easements. WEN o am- 3. County agrees to pay the costs of title insurance and recording fees, if necessary as CI _" determined by County. so ��s 4. The parties hereby agree that neither has made or authorized any agreement with respect Ito co to the subject matter of this instrument other than expressly set forth herein, and no oral �_o ch r Page 1 of 2 Pages 3147976 01/26/2004 04:56P Weld County, CO II 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. Eat 4.2"/Za.-1 Richard Baumgartner, Owner TAX ID NUMBER: szy _f r‘/ r ATTEST: ��) ,D BOARD OF COUNTY COMMISSIONERS 6�77K r OF WELD COUNTY, STATE OF �� i` COLORADO Weld County Clerk to t ie . to. ,;\ .� BY: lF j � � Vki-3?...,*� � .. Z BY: Deputy Clerk to the Boar. � - � Robert D. Masden, Chairman (1/12/2004) AID 111// 11111 111111 I I I 1 111111111111 III 11111 11111111 3158615 03/03/2004 11:43A Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 2 Pages I gill III1I illll iiiii Olll 1ii11 IIIIIII iii iiiii lm iiii 3147976 01/26/2004 04:56P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ;�Tl«/- C/f.? 1 GRANT OF PERMANENT EASEMENT (Richard Baumgartner-Weld County) This Grant of Permanent Easement is made by and between Richard Baumgartner, whose address is 31256 Highway 52, 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 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 construction and maintenance of a roadside ditch 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 roadside ditch 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 ditch. 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. 1 111111 11111 11111 111111 11111 111111 11111I I 1111111111 1111 3158615 03/03/2004 11:43A Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1 111111 1111111111111111111111111 1111111 111111111111 1111 3147976 01/26/2004 04:56P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 1 of 2 page La-(CC i —L'/%Ct IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. Ivo -lid Richard Baumgartner STATE OF COLORADO )ss. �®T*Ry'�p COUNTY OF ' E ) s 45\Pus 0011 " 114sr Orb.' The foregoing instrument was acknowledged before me this f I day of � c w , 2003, by Richard Baumgartner, Owner Witness my hand and official seal. C Notary Public My commission expires: \\ 3‘\ The Grantee hereby accepts this easement for the purposes set forth herein on this the 4244 day of I..w:'y , 200W COUNTY OF WELD, STATE OF ATTEST: COLORADO, GRANTEE il9+ • Deputy Clerk to the �. Robert D. Masden, Chairman, Board of County '� ? ` Commissioners of Weld County, Colorado (1/12/2004) HMO 11111 11111 11111 1111111111111111111 VIII IIII II11 3147976 01/26/2004 04:56P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 2 page MID 11111 11111 11111111111 111111 11111 III 11111 IIII IIII 3158615 03/03/2004 11:43A Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder X cc�/ e/.9d' EXHIBIT 1111P A W 1/4 • ®See29-2-84i' g / JNL o J L E = o m Ir c New sic`m N71.46'06"E 10.45' Ra e�—U a ,.. .n 1 r rp M _ e • SW 1/4 N 0 3a i Sec 29— T2N— R64W _e I. r- Q , O rj` —�m N MY —f0 N q X30 " -o =ee z \\\ 501.26'47"E 1471.71' NO1.26'47"W 1488.51' Th..,...............t 30' ROW EXIST. 10' NEW ROW 589.38'23"W 10.00' SW Co� See 29-2-64 N89.36.23"E WCR->6 0 125 250 500 i N44.05'05"E 42.05' 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 awrEY LVS CONN WELD COUNTY ROAD 51 EASEMENT 1 1 °"""" '� DESCRIPTION 1 wre December 9. 2003 EXHIBIT MAP �Et7 y- 0/99/ EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southwest One-Quarter of Section 29, Township 2 North,Range 64 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southwest corner of said Section 29, from whence the West Quarter corner of said Section 29 bears N01°26'47"W, with all bearings contained herein relative thereto; thence N44°05'05"E a distance of 42.05 feet to the north 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 N01°26'47"W along said east right of way line a distance of 1468.51 feet to the south line of the Burlington Santa Fe rail road right of way; thence N71°46'06"E along said Burlington Santa Fe rail road right of way line a distance of 10.45 feet; thence S01°26'47"E a distance of 1471.71 feet to the north right of way line of Weld County Road 16, thence S89°36'23"W a distance of 10.00 feet to the POINT OF BEGINNING, and containing 0.338 acres, more or less. The above legal description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Kings Surveyors, Inc. Windsor, Colorado. 1111111 11111 11111 111111 MI 11111 11111 III 1111111113158515 03/03/2004 11:43A Weld County, CO S of S R 0.00 D 0.00 Steve Moreno Clerk& Recorder • (it MEMORANDUM 1 CTO: Clerk to the Board DATE: January 5, 2004 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Enginee SUBJECT: Item for Agenda Please submit the enclosed items for the Board's next agenda:: Agreement for Conveyance of Easement and Grant of Permanent Easement on WCR 51 with Richard Baumgartner. The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent M\FRANC IE;AGENDA-a'.DOC - C 5'C 004-0198 tMEMORANDUM CTO: Clerk to the Board DATE: February 19, 2004 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Submit for Re-recording Subject: The attached Resolution and Agreement for Conveyance of Easement has been recorded with the attached Exhibit "A" in error. Originally, recorded as doc#2004-0198, these documents did not include a legal description. The Exhibit "A" (Reception number#3147976)should be replaced with the corrected Exhibit "A" and legal description enclosed. Please re-scan and re-record these documents. Enclosures pc: Leon Sievers M:AFrancie Agenda-I.doc Hello