HomeMy WebLinkAbout940836.tiff RESOLUTION
RE: APPROVE POSSESSION AND USE AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN -
HERGERT PARTNERSHIP #3
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 Possession and Use Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, and Glenn
D. Bechtholdt, Betty J. Bechtholdt, Robert D. Bechtholdt, Mark G. Bechtholdt, and
Steven L. Bechtholdt, on behalf of the Hergert Partnership #3, 5030 W. 20th
Street, Greeley, Colorado 80634, 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 Possession and Use Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Public Works Department, and Glenn D. Bechtholdt, Betty
J. Bechtholdt, Robert D. Bechtholdt, Mark G. Bechtholdt, and Steven L.
Bechtholdt, on behalf of the Hergert Partnership #3, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 7th day of September, A.D. , 1994.
Mart
' ///t BOARD OF COUNTY COMMISSIONERS
ATTEST: /�ryl"//J.(J// WELD COUNTY, COLORADO
Weld County Clerk to the Board /P% IV 11),Ar R
W. 11. Webster, C} airm n
BY: 4,...„„iiiii,, ,Deputy Co the Boar Dale/K,. Hall, Pre
APPROVED AS TO FORM: � C.-, ,x
111111 Geo E. Baxter
V .1 .Z..,c� fig�� ,(
unt(---3y Att ne AraJ. Kmer
ante L. Harbert
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940836
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WELD COUNTY POSSESSION AND USE AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 1994, by and between Weld County, Colorado, by and
through the Board of County Commissioners of Weld County, whose
address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as "County" , and Glenn D. Bechtholdt, Betty J.
Bechtholdt, Robert D. Bechtholdt, Mark G. Bechtholdt, and Steven L.
Bechtholdt, on behalf of the Hergert Partnership #3, with address
of 5030 W. 20th Street, Greeley, Colorado 80634, hereinafter
collectively referred to as "Bechtholdts" .
WITNESSETH:
WHEREAS, County finds it necessary to rebuild County Bridge
23/74A, and
WHEREAS, the Hergert Partnership #3 owns property adjacent to
said project as described in Book 898, Reception 1819967 , of the
records of the Weld County Clerk & Recorder, and
WHEREAS, County needs additional right-of-way and easements in
order to rebuild and improve said bridge, and
WHEREAS, Bechtholdts are heirs apparent of David Hergert,
General Partner for the Hergert Partnership #3, and are the only
known beneficiaries of said Partnership, other than David Hergert,
and
WHEREAS, David Hergert is unavailable to execute documents for
the transfer of ownership of said right-of-way and easements, and
WHEREAS, on behalf of the Hergert Partnership #3 and on their
own behalf, Bechtholdts wish to cooperate with County in said
rebuilding and improvement of Weld County Bridge 23/74A.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein and in consideration of the sum of $193
paid to Bechtholdts, the receipt and sufficiency whereof are hereby
acknowledged, the parties hereto agree as follows :
1 . As referenced above, the Hergert Partnership #3 is the
current owner of two parcels of land located adjacent to
Weld County Bridge 23/74A. The parcel of land described
in the attached Exhibit "A" , hereinafter referred to as
"Parcel 2" , is needed by County as additional right-of-
way. Said Parcel 2 is comprised of . 119 acres . The
parcel of land described in the attached Exhibit "B",
Page 1 of 4 Pages
940836
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Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
hereinafter referred to as "Parcel 2-E" , is necessary for
an easement to be conveyed to the Larimer/Weld Irrigation
Company for the placement of a canal road. Said Parcel
2-E is comprised of . 074 acres .
2 . David Hergert, the General Partner for Hergert Partner-
ship #3 is currently unavailable. The Bechtholdts, as
heirs apparent of David Hergert and as limited partners
of Hergert Partnership #3, are the only known benefici-
aries of said Partnership, other than David Hergert. The
Bechtholdts, on their own behalf and on behalf of the
Hergert Partnership #3 and David Hergert, agree to the
immediate possession and use by County and to sell and
convey to County the right-of-way described as Parcel 2
and to the immediate possession and use by the Larimer/
Weld Irrigation Company and to sell and convey to said
Company the easement described as Parcel 2-E, all in
accordance with the provisions of this Agreement for the
following compensation:
Parcel No. Acreage Value
2 . 119 $119
2-E . 074 74
Grand Total $193
3 . The Bechtholdts represent that Hergert Partnership #3 is
currently unable to convey to County the right-of-way
described as Parcel 2 and the easement described as
Parcel 2-E, because of the unavailability of the General
Partner, David Hergert. Nevertheless, the Bechtholdts
hereby grant the irrevocable right to County to possess
and use the right-of-way described as Parcel 2 and to the
Larimer/Weld Irrigation Company to possess and use the
easement described as Parcel 2-E for the purpose of
rebuilding and improving Weld County Bridge 23/74A, until
such time as the Bechtholdts, David Hergert, or someone
on behalf of David Hergert, or all of them collectively,
are legally able to convey said right-of-way and
easement.
4 . The Bechtholdts agree that they shall save, hold
harmless, and indemnify County, the Board of County
Commissioners of Weld County, the Larimer/Weld Irrigation
Company and their respective employees from any liability
or damages which may be claimed by the Hergert Partner-
Page 2 of 4 Pages
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94083c
ship #3, or by David Hergert on his own behalf or on
behalf of said Hergert Partnership #3, resulting from the
possession and use of the right-of-way described as
Parcel 2 or the easement described as Parcel 2-E, or by
virtue of the Bechtholdts entering into this Agreement
and agreeing to convey the right-of-way and easement for
the consideration set forth in paragraph 2 .
5 . The Bechtholdts agree that they shall notify County of
any change in the legal status of David Hergert such that
he, anyone on his behalf, or anyone on behalf of Hergert
Partnership #3, has the legal capacity to convey to
County the right-of-way described as Parcel 2 and the
easement described as Parcel 2-E. Such notification
shall be given no later than 30 days after the change in
legal status of David Hergert. Conveyance of said right-
of-way and easement shall take place no later than 30
days after such notice being given to County.
6 . The parties agree that the conveyances of said right-of-
way and said easement shall be made using substantially
the forms which are attached hereto as Exhibits "C" and
7 . This Agreement shall be deemed a contract and shall bind
the parties and shall extend to and bind their heirs,
divisees, executors, administrators, legal representa-
tives, successors, and assigns .
8 . This Agreement embodies all of the agreements between the
parties hereto and there are no promises, terms, condi-
tions, or obligations referring to the subject matter
whereof other than as contained herein.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names this 711 day of \Ait . , 1994 .
ATTEST:L /"itt4 % WELD COUNTY, COLORADO, BY AND
f G(G/j THROUGH THE BOARD OF COUNTY
CLERK TO THE BOARD' ' COMMISSIONERS OF WELD COUNTY
if/ <<
BY: BY: 7 7✓� [ , � r A
putt' Cler o the Wiliam H. bster, Chairman
(74;if 71
Page 3 of 4 Pages
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940835
ON THEIR OWN BEHALF AND ON
BEHALF OF HERGE T PARTNER-
SHI #3 ND D RG RT
,pr'. ✓''��1�
G1 n D. Bechthol t
Be ty
Ro ert . Be hth
Ma ec t dt
Steve, L. Bechtholdt
abechthcldt.gjb
Page 4 of 4 Pages
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94t$ac
EXHIBIT "A"
PROPERTY DESCRIPTION
PARCEL 2
A parcel of land located in the Northeast Quarter of section 35, Township 7
North, Range 67 West of the Sixth Principal Meridian, County of Weld,
Colorado, said parcel being more particularly described as follows:
COMMENCING at the northeast corner of said Northeast Quarter of Section 35;
THENCE S89°58'00"W along the northerly line of said Northeast Quarter of
Section 35 a distance of 30.00 feet to the POINT OF BEGINNING;
THENCE SOO°26'26"W along a line being 30.00 feet westerly of and parallel
with the easterly line of said Northeast Quarter of Section 35 a distance of
229. 70 feet;
THENCE N12°55'24"W a distance of 48.99 feet;
THENCE N17°30'36"W a distance of 41.51 feet;
. THENCE N21°21'05"W a distance of 15.85 feet;
THENCE NOO°26'26"E along .a line being 60.00 feet westerly of and parallel
with the easterly line of said Northeast Quarter of Section 35 a distance of
127.59 feet;
THENCE N89°58'00"E along the northerly line of said Northeast Quarter of
Section 35 a distance of 30.00 feet to the POINT OF BEGINNING.
Containing 5199 square feet (0.119 Acres) , more or less.
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EXHIBIT "B"
PROPERTY DESCRIPTION
PARCEL 2E
TO: The Larimer Weld Irrigation Company
A parcel of land located in the Northeast Quarter of Section 35, Township 7
North, Range 67 West of the Sixth Principal Meridian, County of Weld,
Colorado, said parcel being more particularly described as follows:
COMMENCING at the northeast corner of said Northeast Quarter of -Section 35;
THENCE S89°58'00"W along the northerly line of said Northeast Quarter of
Section 35 a distance of 60.00 feet to the POINT OF BEGINNING;
THENCE SOO°26'26"W along a line being . 60.00 feet westerly of and parallel
with the easterly line of said Northeast Quarter of Section 35 a distance of
127.59 feet;
THENCE N21°21'04"W a distance of 31.25 feet;
THENCE N24°05'58"W a distance of 63.96 feet;
. THENCE N25°40'46"W a distance of 4.17 feet;
THENCE NOO°26'26"E a distance of 36.32 feet;
THENCE N89°58'00"E along the northerly line of said Northeast Quarter of
Section 35 a distance of 40.00 feet to the POINT OF BEGINNING.
Containing 3222 square feet (0.074 Acres) , more or less.
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EXHIBIT "C"
QUIT CLAIM D E E D
THIS DEED, made this day of
19 , between Hergert Limited Partnership #3, 36652 WCR 23,
Windsor, Colorado 80550, of the first part, and the COUNTY OF WELD,
A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO, BY AND
THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, of
the second part.
WITNESSETH, that the said party of the first part, for and in
consideration of the sum of ONE HUNDRED NINETEEN DOLLARS ($119 ) and
other good and valuable consideration, to the said party of the
first part in hand paid by the said party of the second part, the
receipt whereof is hereby confessed and acknowledged, has remised,
released, sold, conveyed and QUIT CLAIMED, and by these presents
does remise, release, sell, convey and QUIT CLAIM unto the said
party of the second part, its heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which the
said party of the first part has in and to the following described
lots or parcels of land situate, lying and being in the County of
Weld and State of Colorado, to wit:
The right-of-way for road purposes described in the
attached Exhibit "1" .
TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances and privileges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title, interest
and claim whatsoever, of the said party of the first part, either
in law or equity, to the only proper use, benefit and behoof of the
said party of the second part, heirs and assigns forever.
IN WITNESS WHEREOF, the said party of the first part has
hereunto set its hand and seal the day and year first above
written.
HERGERT LIMITED PARTNERSHIP # 3
By:
STATE OF COLORADO )
ss .
County of
The foregoing instrument was acknowledged before me this
day of , 19 , by
Witness my hand and official seal this day of
, A.D. , 19
Notary Public
My commission expires :
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osnQ��
EXHIBIT "1"
PROPERTY DESCRIPTION
PARCEL 2
A parcel of land located in the Northeast Quarter of section 35, Township 7
North, Range 67 West of the Sixth Principal Meridian, county of Weld,
Colorado, said parcel being more particularly described as follows:
COMMENCING at the northeast corner of said Northeast Quarter of Section 35;
THENCE S89°58'00"W along the northerly line of said Northeast Quarter of
Section 35 a distance of 30.00 feet to the POINT OF BEGINNING;
THENCE SOO°26'26"W along a line being 30.00 feet westerly of and parallel
with the easterly line of said Northeast Quarter of Section 35 a distance of
229.70 feet;
THENCE N12°55'24"W a distance of 48.99 feet;
THENCE N17°30'36"W a distance of 41.51 feet;
THENCE N21°21'05"W a distance of 15.85 feet;
THENCE NOO°26'26"E along .a line being 60.00 feet westerly of and parallel
with the easterly line of said Northeast Quarter of Section 35 a distance of
127.59 feet;
THENCE N89°58'00"E along the northerly line of said Northeast Quarter of
Section 35 a distance of 30.00 feet to the POINT OF BEGINNING.
Containing 5199square feet (0. 119 Acres) , more or less.
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•
940P 3S
EXHIBIT "D"
Recorded at o'clock M. ,
Reception No. Recorder.
EASEMENT
THIS EASEMENT, granted this day of , 19 , between
Hergert Limited Partnership #3, whose legal address is 36652 Weld County Road,
Windsor, Colorado, of the County of Weld, State of Colorado, the Grantor, and
Larimer & Weld Irrigation Company, whose legal address is 106 Elm, Eaton, Colorado
80615, of the County of Weld, State of Colorado, the Grantee.
WITNESSETH, that the Grantor, for and in consideration of the sum of Seventy-
Four Dollars ($74) , paid to the Grantor by the Grantee, the receipt and sufficiency
of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to
the Grantee an easement for the purposes of (describe easement including the uses,
limitations, location and width, etc. ) access to the Larimer & Weld Irrigation
Ditch, said easement over and across the following described parcel of real
property situate in the County of Weld and State of Colorado to wit:
The real property described in the attached Exhibit "1".
This Easement is for the benefit of and appurtenant to that land, or any part
thereof, situate in the County of Weld and State of Colorado, and described as:
The Larimer & Weld Irrigation Ditch.
This Easement shall expire upon the happening of the following event, or at
the time set forth below, whichever is earlier:
This is a permanent easement for the benefit of the Grantee.
The Grantee agrees to repair and maintain the easement granted herein at the
cost and expense of the Grantee, and that said Grantee will in no way hinder or
prevent the proper and reasonable use and enjoyment of the property through which
the easement is granted.
HERGERT LIMITED PARTNERSHIP #3
BY:
Grantor
STATE OF COLORADO
BB.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of
, 19 , by
My Commission expires , 19 Witness my hand and
official seal.
Notary Public
Name and Address of Parson Creating Newly
Created Legal Description (S 38-35-106.5, C.A.S.)
ehergert.gjb
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•
EXHIBIT "1"
PROPERTY DESCRIPTION
PARCEL 2E
TO: The Larimer Weld Irrigation Company
A parcel of land located in the Northeast Quarter of Section 35, Township 7
North, Range 67 West of the Sixth Principal Meridian, County of Weld,
Colorado, said parcel being more particularly described as follows:
COMMENCING at the northeast corner of said Northeast Quarter of Section 35;
THENCE S89°58'00"W along the northerly line of said Northeast Quarter of
Section 35 a distance of 60.00 feet to the POINT OF BEGINNING;
THENCE SOO°26'26"W along a line being 60.00 feet westerly of and parallel
with the easterly line of said Northeast Quarter of Section 35 a distance of
127.59 feet;
THENCE N21°21'04"W a distance of 31.25 feet;
THENCE N24°05'58"W a distance of 63.96 feet;
• THENCE N25°40'46"W a distance of 4.17 feet;
THENCE NOO°26'26"E a distance of 36.32 feet;
THENCE N89°58'00"E along the northerly line of said Northeast Quarter of
Section 35 a distance of 40.00 feet to the POINT OF BEGINNING.
Containing 3222 square feet (0.074 Acres) , more or less.
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