HomeMy WebLinkAbout20030322.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT OF
PERMANENT EASEMENT FOR IMPROVEMENTS TO WELD COUNTY ROAD 15 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - IVAR AND DONNA
LARSON
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 15
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 Ivar and
Donna Larson, 925 North County Line Road, Route 1, Berthoud, Colorado 80513, with further
terms and conditions being as stated in said Agreement and Grant of Easement, and
WHEREAS, after review, the Board deems it advisable to approve said Agreement and
Grant of 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 Grant of
Permanent Easement for improvements to Weld County Road 15 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 Ivar and Donna Larson 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 3rd day of February, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
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ATTEST: ,fintd,� ��. 3 E t
r 4% vid E. Lo g, ?lair
Weld County Clerk t.` `J x (� Q
/ , ' \k: ' ;K i7 Robed D. asden, Pro-Tem
BY: �. :Ji - _. • �-.G'. r"`0 :n/
Deputy Clerk to the Board'
M. J. Geile
O AS TO F ` t, /5/In/1/4
William H.
. ( r
L aunty Att ey _ aJAzig
a Glenn Vad
Date of signature:
7 2003-0322
a; RA)QA i flti-1 EO0047
359
AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY
ROAD 15 BETWEEN IVAR W. LARSON, DONNA M. LARSON AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made and entered into this//, day of f RA/vAni , 200tby and
between Ivar W. Larson and Donna M. Larson, whose address is 925 North County Line Road-
route 1, Berthoud, Colorado 80513, 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 15,
and
WHEREAS, Owner owns property described in the attached Easement Exhibit "A",
hereinafter referred to collectively as "Easement", and
WHEREAS, County needs said Easement as part of the 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 Easement 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. 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
Page 1 of 2 Pages
111111111111111111111111III 11111 1111111 III11111NIB
3036359 02/26/2003 04:49P Weld County, CO
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•
there are no promises, terms, conditions, or obligations referring to the subject
matter whereof other than as contained herein.
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
abo written.
Ivar W. L n Donna M. Larson
TAX ID NUMBER: TAX ID NUMBER:
52i-5E fI7 5 S 1- 4„,7 LC
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
La COLORADO
Weld County Clerk t e
Le BY: 4 Y BY:
�t
Deputy Clerk to the B David E. Long, Chair /03/2003)
Page 2 of 2 Pages
111111111111111111111111 III 111111111n111 11111 IIII IIII
3036359 02/26/2003 04:49P Weld County, CO
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,2063 -03-2Q,
EASEMENT EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northeast One-quarter of Section 6, Township 4 North, Range 67
West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully
described as follows:
Commencing at the Southeast corner of the Northeast One-Quarter of said Section 6, from
whence the Northeast corner of the Northeast One-Quarter of said Section 6 bears
N00°46'41"W, with all bearings contained herein relative thereto; thence N86°41'25"W a
distance of 30.07 feet to the West right of way line of Weld County road 15 and the South line of
Lot B, Recorded Exemption#2515 and#2616 and the POINT OF BEGINNING; thence
N86°41'25"W along the South line of said Lot B a distance of 15.04 feet; thence N00°46'41"W
a distance of 1441.48 feet; thence N86°41'26"W a distance of 14.96 feet; thence N00°46'41"W
a distance of 75.00 feet to the North line of said Lot B; thence S86°41'26"E along said North
line a distance of 30.00 feet to the West right of way line of Weld County road 15' thence
S00°46'41"E along said West right of way line a distance of 1516.48 feet to the POINT OF
BEGINNING and containing 0.547 acres, 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 Frederick Land Surveying,
1528 North Lincoln Avenue, Loveland, Colorado 80538.
111111111111111111111111 III 111111111111
3036359 02/26/2003 04:49P Weld County, CO
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NE
or
EAI TS / i 1 �' T Sec C6-4-67
EXHIBIT l 586'41'26"E
30.00'
NORTH LINE OF LOT B N00'46'41"W�
RE 2515 75.00'
I z
N86'41'26"W" a
14.96' m
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3036359
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SOUTH LINE OF LOT B
RE 2575
'41125"W E1 /4 Cor
15.04
Sec 6-4-67
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED N86'41'25"W
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 30.07'
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SwVEr LVS
p_m„ WELD COUNTY ROAD 15 PERMANENT 1 o- 1
DRADATE
EASEMENT
ocre DECEMBER 9, 2002 EXHIBIT MAP
358
GRANT OF PERMANENT EASEMENT
(Ivar W. Larson and Donna M. Larson-Weld County)
This Grant of Permanent Easement is made by and between Ivar W. Larson and Donna
M. Larson, whose address is 925 North County Road—Route 1, Berthoud, Colorado 80513
("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 excavation and grading for drainage structures
and roadway ditches.
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 access to, construction and maintenance of roadway
ditches and drainage structures. 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 and repair of said ditches and drainage structures.
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
1 IRO 11111111111111111 III 111111111111 III 111111111 IIII
3036358 02/26/2003 04:49P Weld County, CO
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.;00 3-O
IN WITNESS WHEREOF,the parties have set their hands hereon upon the dates of
ac wledgment et forth below.
ref t'il�(, . 2 ���
_er________
Ivar W. Lai's n, Owner Do a M. Larson, wn r
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /it day of
JAN uAP-h , 200g, by Ivar W. Larson and Donna M. Larson, Owners.
Witness my hand and official seal.
Notary Public
My commission expires:08-06-05 0,aa ,4,floravvsaarvaoao
f LEON W SIEVERS ?
1 NOTARY PUBLIC e'
STATE OAF..a p 4 b
The Grantee hereby accepts this easement for the purposes set forth herein on this the 3rd
day of February, 2003.
COUNTY OF WELD, STATE OF
ATTEST: fit, /Q' '"� COLORADO GRANTEE
(42 ' 'cam Cn , _ •�
Deputy Clerk to th:It o. . .{ David E. Long, Chairman, :o.rd of County
O r Commissioners of Weld unty, Colorado
�� rA (02/03/2003)
PI N
Page 2 of 2 page
1 111111 11111 1111111 11111 III 11111 1111111 III 11111 llll IIII
3036358 02/26/2003 04:49P Weld County, CO
2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
EASEMENT EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northeast One-quarter of Section 6, Township 4 North, Range 67
West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully
described as follows:
Commencing at the Southeast corner of the Northeast One-Quarter of said Section 6, from
whence the Northeast corner of the Northeast One-Quarter of said Section 6 bears
N00°46'41"W, with all bearings contained herein relative thereto; thence N86°41'25"W a
distance of 30.07 feet to the West right of way line of Weld County road 15 and the South line of
Lot B, Recorded Exemption#2515 and#2616 and the POINT OF BEGINNING; thence
N86°41'25"W along the South line of said Lot B a distance of 15.04 feet; thence N00°46'41"W
a distance of 1441.48 feet; thence N86°41'26"W a distance of 14.96 feet; thence N00°46'41"W
a distance of 75.00 feet to the North line of said Lot B; thence S86°41'26"E along said North
line a distance of 30.00 feet to the West right of way line of Weld County road 15' thence
S00°46'41"E along said West right of way line a distance of 1516.48 feet to the POINT OF
BEGINNING and containing 0.547 acres, 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 Frederick Land Surveying,
1528 North Lincoln Avenue, Loveland. Colorado 80538.
11111111111111111111111 III 11111 1111111II11111111111111
3036358 02/2612003 04:49P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
.I NE k4sEiwEwrEXHIBIT
j' Sec C6 r 4-67
I B X 1 T l lJ l T MAP S86.41'26"E
30.00'
NORTH LINE OF LOT 8 N00'46'41"W,�
RE 2515 75.00' z
a
N814.96'6"W '
14.96' 0
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IIIIIII1111111111\1VIIIIIIVIII1111111IIIIIII\IIII1111
3036358 02126/2003 •
4 of 4 R 0.00 D 0.00 Steve M SOUTH LINE OF LOTBeF
RE 2515
•41 25 W
15.04 E1/4 Cor
Sec 6-4-67
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED N86'41'25"W
LAND SURVEY OR LAND SURVEY PUT. IT IS INTENDED TO 30.07'
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SLAVE" LVS
nesiGN WELD COUNTY ROAD 15 PERMANENT 1 OF
mTE DECEMBER 9. 2002 EXHIBIT MAP EASEMENT
(fit 14DPH-H5 MEMORANDUM
IIDCTO: Clerk to the Board DATE: January 28, 2002
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda:
Agreement for Conveyance of Easement and Grant of Permanent Easement for the Board's approval
and Chair's signature. The Agreement and Easement are both with Ivar W. Larson and Donna M.
Larson for improvements to Weld County 15.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\WPFILES\Francle\AGENDA-I•wpd
2003-0322
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