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Home My WebLink About20032500.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT OF PERMANENT EASEMENT AND AUTHORIZE CHAIR TO SIGN -VARRA COMPANIES, INC. 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 a Grant of Permanent Easement for improvements to Weld County Road 26 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 Varra Companies, Inc., P.O. Box 2049, Broomfield, Colorado 80038, commencing upon full execution,with further 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 and Grant of Permanent Easement for improvements to Weld County Road 26 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 Varra Companies, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to sign said agreement and grant of eastment. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 25th day of August, A.D., 2003. BOARD OF COUNTY COMMISSIONERS MMth W COUNTY, COLOR O ATTEST: Davi E. Long, Chair I,t,� •EC) Clerk to the Board c EXCUSED a 1, Robert D. M .s• -n, Pro-Tem 1861 t Dj u k to the Board � �* % WA . J.. Ge' e / ®may � T� �i � l (�✓ Williamm H. Jerke � � y Att rn= Glenn Vaad Date of signature: 9-11"3 2003-2500 EG0047 (Y0 . /7(, 4Pisi AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 26 BETWEEN VARRA COMPANIES, INC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this f day of 1 Ftx )54- , 2003,by and between Varra Companies, Inc., whose address is PO Box 2049, Broomfield, Colorado 80038, 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 10"' Street, Greeley, Colorado 80631,hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 26, 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 convey and County agrees to acquire the perpetual non-exclusive Easement, as shown and/or described on Exhibit"A", attached hereto and hereinafter referred to herein as the"Easement" at no charge or fee to the County. This consideration is being offered in lieu of condemnation. 2) County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 3) 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. Page 1 of 2 Pages 11111113M 01111II III 11111 1111111 HIE III IIII 3106885 09/16/2003 02:17P Weld County, CO 2003-2500 1 of 3 R 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. OWNER: VA Chri op COMPAN S,l INC. her L. Varra, President STATE OF Co)oc ) )ss. COUNTY OFWeld ) AAA The foregoing instrument was acknowledged before me this /O day of I �Zv3 i— , 2003,by Christopher L. Varra, President, Varra Companies, Inc. Witness my hand and official seal. ,,,,.., „,„.,f,. Notary blic : 4' S. - ,,, My commission expires: /oh3i/p,y i';'"1:3?;:!'' ' _3*4 O2 71:4) F THE GRA TEE HE BY ACCEPTS this easement for the purposes set forth herein on this the ay of , 2003 COUNTY OF WELD, STATE OF ATTEST: )(jai COLORADO, GRANTEE 4A, w. C AUG 2 5 2003 " Deputy Cler to the : , d David E. Long, C air, Board of County .86. 4=' Commissioners o Weld County, Colorado ` &vxnsr=/I Page 2 of 2 page I 111111 11111 111111111111 III 11111 1111111 Mill It /III 3106885 09/16/2003 02:17P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A PERMANENT EASEMENT LEGAL DESCRIPTION THE South 50.00 feet of the East 130.00 feet of the Southwest One-Quarter of Section 31, Township 3 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, EXCEPTING the South 30.00 feet thereof of existing road right-of- way. Said parcel contains 2600 sq. ft., more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Banks and Gesso, LLC, 720 Kipling Street, Lakewood, Colorado 80215 1111111111111III 11111111 III 111111111111 III 111111111 IIII 3106885 09/16/2003 02:17P Weld County, CO 3 01 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder GRANT OF PERMANENT EASEMENT (Varra Companies, Inc.-Weld County) THIS GRANT of permanent easement is made by and between Varra Companies, Inc., whose address is PO Box 2049, Broomfield, Colorado 80038 (collectively referred to herein 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 ("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 culvert as part of the road improvement project to Weld County road 26. The location of the easement parcel is described as follows: The South 50.00 feet of the East 130 feet of the Southwest One-Quarter of Section 31, Township 3 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado, excepting the South 30.00 feet thereof of existing road right-of-way. Upon execution of this 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 construction and maintenance of said 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 construction, maintenance, cleaning out and repair of said 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 I of 2 page IIIIII VIII IIII IIIIIIII II003 I VIII IIIIIII III VIII IIII IIII 3106666 0911612 I of 3 R 0.00 D 0.00 Steve Moreno Clerk 4) 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: VARRA COMPANIES C L. Varra, rra, President TAX ID NUMBER: SH-075,≥:0 ATTEST: tatd, La BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to thL' 8 ! �� I ., BY: / �li -� , ,.- BY: Deputy Clerk t+ the Board David E. Long, Chai G 2 5 2003 Page 2 of 2 Pages 111111111111111111111111III 111111111111 III 11111 IN 3106886 09/16/2003 02:17P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A PERMANENT EASEMENT LEGAL DESCRIPTION THE South 50.00 feet of the East 130.00 feet of the Southwest One-Quarter of Section 31, Township 3 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, EXCEPTING the South 30.00 feet thereof of existing road right-of- way. Said parcel contains 2600 sq. ft., more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Banks and Gesso, LLC, 720 Kipling Street, Lakewood, Colorado 80215 111111111111111111111111 HON URCHIN' 1111 IIII 3106886 09/16/2003 02:17P Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ttir MEMORANDUM CTO: Carol Harding DATE: August 18, 2003 • Clerk to the Board COLORADO FROM: Frank B. Hempen,Jr. Director of Public Works/County En er SUBJECT: Agenda Items • Please submit these items for the Board's approval: Agreement and Grant of Permanent Easement with Varra Companies, Inc. AND Agreement and Grant of Permanent Easement with Pasquale Varra and Jacqueline N.Varra The appropriate documentation is attached. Enclosures pc: Leon Sievers,Right-of-Way Agent M:\WPFII.F.S\Francic\agc dakon-I.wpd . 2003-2499 Hello