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Home My WebLink About20032499.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT OF PERMANENT EASEMENT AND AUTHORIZE CHAIR TO SIGN - PASQUALE AND JACQUELINE VARRA 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 Pasquale and Jacqueline Varra, 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 Pasquale and Jacqueline Varra 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 W COUNTY, COL ADO Medit% ATTEST: f f C , David E. Long, Chair We my Clerk to the Board ,� EXCUSED �� ' `� %' Robert D. den, Pro-Tem • 1861 epibty,Clerk to the Board QCt� - .1 M. J. G ile William . Jerke ounty A tome Glenn Vaad a Date of signature: / -4'`x'3 2003-2499 EG0047 (*2 1 fr , 4f/'c, S� AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 26 BETWEEN PASQUALE VARRA AND JACQUELINE N. VARRA AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this a—filday of Aiy,} , 2003, by and between Pasquale Varra and Jacqueline N. Varra, whose address is PO Box049, 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`h 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 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 Page 1 of 2 Pages 111110 11111 IIII 1111101 III 11111 DIE III VIII IIII IIII 3106883 09/16/2003 02:17P Weld County, CO 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder o7OD 3 —cW 95i 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. 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. 5) County agrees to remove the existing irrigation culvert that crosses Weld County road 26 at sta. 25+00 and replace the culvert with approximately 80 If. of 18" diameter elliptical corrugated metal pipe at sta. 25+00 from 26'± RT. to 50'± LT. County agrees to install approximately 30 If of 18" diameter elliptical corrugated metal driveway crossing pipe under the existing driveway at sta. 25+05 50'LT. to sta. 25+35 50'LT. 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. • h • 7/a/lA quale rra, Owner J cqu 'ne N. Varra, Owner TAX ID NUMBER: TAX ID NUMBER: ATTEST: i -�� BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to the Board BY:A(144 - BY: 4 D uty Clerk to the Board David E. Long, Chair AUG 2 5 2003 Page 2 of 2 Pages 111111111111 till 111111II III 11111 1111111 III 11111 IIII R 3106883 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 West 50.00 feet of the Southeast 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 1000 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 11111111111111111111111 I I I I lilt 3106883 09/16/2003 02:17P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 884 GRANT OF PERMANENT EASEMENT (Pasquale Varra and Jacqueline N. Varra-Weld County) This Grant of Permanent Easement is made by and between Pasquale Varra and Jacqueline N. Varra, 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 West 50 feet of the Southeast 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 1 of 2 page 1111111 11111 IIII 11111111 III 11111 1111111 III MAUI IIII 3106884 09/16/2003 02:17P Weld County, CO 1 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 West 50.00 feet of the Southeast 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 1000 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 1111%1111 II 111 III 111111111 III IIIII 3106884 09/16/2003 02:17P 3 0l 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. h u arraa,, caner J que ne N. Varra, Owner STATE OF (.ebr0-C1O ) )ss. COUNTY OF wed ) The foregoing instrument was acknowledged before me this j day of US+ , 2003,by Pasquale Varra and Jacqueline N. Varra, Owners. Witness my hand and official seal. Ic)O1 rya" Notary ublic My commission expires: /0/3/6 THE GRA TEE HEREBY ACCEPTS this easement for the purposes set forth herein on this the �ay of `Q , 2003 � COUNTY OF WELD, STATE OF ATTEST: "14 // fI!�� ♦ COLORADO, GRANTEE AUG 2 5 2003 eputy Clerk to the Bo 1- �,� � Davi E. Long, Chair, oard of County Commissioners of We County, Colorado Page 2 of 2 page MID 11111 IIII Ina III IIIII 1111111 III I'llI IIII III) 3106884 09/16/2003 02:17P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 _ ^J M9WPFILES\FranticAagendaleon-I wpd t 2003-2499 Hello