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Home My WebLink About941253.tiff RESOLUTION RE: APPROVE AGREEMENT FOR GRANT OF EASEMENT,ACCEPT SAID EASEMENT, AND AUTHORIZE CHAIRMAN TO SIGN 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 Grant of Easement and an Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and William H. Peltier, 3333 East Florida Avenue, #28, Denver, Colorado 80210,with terms and conditions being as stated in said agreement and easement, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said 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 Grant of Easement and the Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and William H. Peltier, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be; and hereby is, authorized • to sign said agreement and easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of December, A.D., 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY COLORADO // �/� Weld C �� 44 �O�f/9L(�/ W. .Webster, Ch irma V BY: (7.47-4401:010/art p �s Deputyrk toard Da e . Hall, Pro- 12r,r4 APP S TO FORM: G/e/y/Kg . Baxter nty.Attomey Co stance L. Harbert 715.1/Aar arbara J. KirkmeyeI 941253 EG0033 C-6.1Pw, Pelher3CA AGREEMENT FOR GRANT OF EASEMENT Alta 111616 THIS AGREEMENT is made and entered into this 10th day December, 1994, by and between William H. Peltier, whose address is 3333 E. Florida Avenue, #28, Denver, Colorado 80210, hereinafter referred to as "Peltier," and the County of Weld, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, whose office address is 915 10th Street, Greeley, Colorado 80634, hereinafter referred to as "County." WITNESSETH: WHEREAS, County intends to purchase a certain parcel in the Northeast Quarter(NE4) of Section 1, Township 1 North, Range 68 West of the 6th Principle Meridian, County of Weld, State of Colorado, for the purpose of housing a County grader shed and a household hazardous waste deposit facility(reserving unto County the right to alter or change said purpose as it sees fit), and WHEREAS, said parcel is located to the south of and abuts Colorado State Highway 52, and WHEREAS, County desires to access said parcel from State Highway 52; however,the State of Colorado has informed the County that it cannot create a new access from State Highway 52 onto said parcel, but, rather,must access said parcel by utilizing an existing access on real property owned by Peltier, and WHEREAS,to use Peltier's existing access, County will be required to enter onto and cross said property owned by Peltier, and WHEREAS, County now desires to purchase from Peltier an easement across and over said property owned by Peltier so as to access the parcel which County intends to purchase in said Section 1, Township 1 North, Range 68 West of the 6th Principle Meridian, County of Weld, State of Colorado. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Peltier shall, on the date of the signing of this Agreement, execute and thereby convey to County an easement over and across the property described in the attached Exhibit "A". Said easement shall be for the purpose of vehicular access by employees of County and by the public (which may be limited and controlled at any time by County)to property which County intends to purchase and which is described in the attached Exhibit "B". The easement shall be for the benefit of and appurtenant to the property described in Page 1 of 2 941253 2419816 8-1472 P-557 12/21/94 02:33P PG 1 OF 4 REC DOC Weld County CO Clerk & Recorder 0.00 Exhibit B, and shall be permanent in nature. 2. In consideration of the granting of said easement by Peltier, County agrees: a. To pay to Peltier the sum of$125. b. To erect a metal gate at or about the intersection of the easement and the right-of- way line of State Highway 52. Said metal gate shall include a lock and Peltier shall be given a key or combination to open said lock. Said metal gate shall be maintained by County at its own expense. c. Maintain said easement. The term "maintenance" as used herein shall include and be limited to blading and the application of gravel so as to keep said easement in a smooth,passable condition. County may, at its option,pave said easement in lieu of the maintenance described herein. 3. This Agreement shall not merge with said easement once it is executed and all of the terms and conditions contained herein shall continue in full force and effect notwithstanding the execution of said easement. Signed this 10th day of December, 1994. /! William H. Peltier SUBSCRIBED AND SWORN to before me this 10 day of Deztrn6en— , 1944. y 011 WITNESS my hand and official seal. n a. �4' :" t4 Cotml uion Esptes Oct 12,1997 Celia V- ��rl • i� • . �. 2696 Se Colorado Bbd. L, Den,Colorado 80222 Notary c My commission expires: ATTEST: /Ma? COUNTY OF WELD, a body corporate and politic of the STATE OF COLORADO Clerk to and of J . County fia-1; BY: 1{104�i /—k r. William H. Webster, Chairman /a/Any By: Board of County Commissioners of Weld County, Colorado Page 2 of 2 2419816 B-1472 P-557 12/21/94 02:33P PG 2 OF 4 941253 • EXHIBIT "A" That part of the Northeast Quarter(NE4)of Section 1, Township 1 North, Range 68 West of the 6th Principle Meridian, County of Weld, State of Colorado, being described as follows: Commencing at the North Quarter Corner(N1/4 Cor.)of said Section 1; thence South along the West line of theNortheast Quarter (NE4) of said Section 1 to its intersection with the South Right-of-Way line of State Highway 52, being the TRUE POINT OF BEGINNING; thence South 89 52' 00" Fast 40.00 feet; thence South 00 06' 46" West 125.00 feet; thence North 89 52' 00" West 40.00 feet; thence North 00 06' 46" East 125.00 feet, to the TRUE POINT OF BEGINNING. 2419816 B-1472 P-557 12/21/94 02:33P PG 3 OF 4 941253 EXHIBIT "B" A parcel of land situate in the Northeast Quarter of Section 1, Township 1 North, Range 68 West of the 6th P.M.,County of Weld, State of Colorado,known as'Lot"A"'of Recorded Exemption# 1656 and being more particularly described as follows: Considering the North line of said Northeast Quarter as bearing South 89°51'00" East and with all bearings contained herein relative thereto: Commencing at the North Quarter Corner of said Section 1;thence along said North line of the Northeast Quarter, South 89°51'00" East 40.00 feet; thence along a line that is 40.00 feet East, measured at right angles,and parallel to the West line of said Northeast Quarter, South 00°06'46" West 163.21 feet to a point on the South right-of-way of Colorado State Highway 52, said point also being the TRUE POINT OF BEGINNING of this description; thence along said South right- of-way of Colorado State Highway 52 the following two (2) courses and distances: (1) North 45°07'26" East 138.28 feet; (2) South 89°52'00" East 270.26 feet; thence South 00°06'46" West 368.06 feet;thence North 89°52'00" West 368.06 feet to a point on a line that is 40.00 feet East, measured at right angles, to the West line of said Northeast Quarter; thence along a line that is 40.00 feet East,measured at right angles, and parallel to the said West line,North 00°06'46" East 270.26 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 3.0 acres and is subject to all rights-of-way, easements, and restrictions now in use or on record. 2419816 8-1472 P-557 12/21/94 02:33P PO 4 OF 4 941253 AR2Y19Ala EASEMENT rfr THIS EASEMENT is granted this/B day of December, 1994, by William H. Peltier, whose legal address is 3333 E. Florida Avenue, # 28, Denver, Colorado 80210 of the City and County of Denver, State of Colorado, the Grantor, to the County of Weld, a body corporate and politic of the State of Colorado, whose legal address is 915 Tenth Street, Greeley, Colorado 80631, the Grantee. WITNESSETH, that the Grantor, for and in consideration of the sum of One Hundred Twenty-Five (125) and no/100 dollars, in hand paid by the Grantor to the Grantee, and in consideration of all other consideration ' described in the Agreement between the Grantor and the Grantee of even date herewith, the receipt and sufficiency of said consideration being hereby acknowledged, does grant, bargain, sell, and convey to the Grantee an easement, over and across the parcel of real property described in the attached Exhibit "A", for the purpose of vehicular access by employees of the Grantee and by the public (which may be limited and controlled at any time by the Grantee) to property described in the attached Exhibit "6". 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 in the attached Exhibit "B". This Easement is permanent. Maintenance of said easement shall be by Grantee according to the terms and conditions set forth in the Agreement between the Grantor and the Grantee of even date herewith. V( G«r �Clid . William H. Peltier, Grantor STATE OF COLORADO ) 1 ss. COUNTY OF WELD I The foregoing instrument was acknowledged before me this ID day of December, 1994, by William H. Peltier. My Commission expires kV Ca so.color1 0�/i�r�se.wv/hand and official ml. r3,••i J 2b96 b0.Colorado n //�J fC0) So 80222 NotCary,� (r((OJQ • U �je/0 �Ui��'GJ7 0 b-lo;• t ATTEST: COUNTY OF WELD, a body • %es f politic of the STATE OF COt rantee Clerk to the Boated.df. Commissioners J a j f e�L/ !/�`V Ng BY: ; ' BY: Deputy Cler oard William H. Webster, Chairman /a / 9 Board of County Commissioners of WdId County, Colorado STATE OF COLORAbt)., /;Iss. COUNTY OF WELD. • }.:: . The foregoing inshrutlfent Was acknowledged before me this I4 ay of December, 1994, by William H.Webster, Chairman, Board of County Commissi erd of Weld County, Colorado. .: �1 """"�- '' My•CommigsibnNexptrep ( y7m�111/1h� 1944. Witness my hand and official seal. _ . 47. � as • A•e,, C. OF C0� S� yLhwao Notary Publi Name and Address of Person Creating Newly Created Legal Description It 38-35-106.5,C.R.S.I: Bruce T.Barker,Weld County Attorney,915 Tenth Street,Greeley,CO 80631 2419817 B-1472 P-558 12/21/94 02:34P PG 1 OF 3 REC D0C Weld County CO Clerk & Recorder 0.00 941253 EXHIBIT "A" That part of the Northeast Quarter(NE4) of Section 1, Township 1 North, Range 68 West of the 6th Principle Meridian, County of Weld, State of Colorado, being described as follows: Commencing at the North Quarter Corner(N1/4 Cor.)of said Section 1; thence South along the West line of theNortheast Quarter (NE4) of said Section 1 to its intersection with the South Right-of-Way line of State Highway 52, being the TRUE POINT OF BEGINNING; thence South 89 52' 00" Fast 40.00 feet; thence South 00 06' 46" West 125.00 feet; thence North 89 52' 00" West 40.00 feet; thence North 00 06' 46" East 125.00 feet, to the TRUE POINT OF BEGINNING. 2419817 S-1472 P-558 12/21/94 02:34P PG 2 OF 3 941253 EXHIBIT "B" A parcel of land situate in the Northeast Quarter of Section 1, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado,known as'Lot "A"'of Recorded Exemption# 1656 and being more particularly described as follows: Considering the North line of said Northeast Quarter as bearing South 89°51'00" East and with all bearings contained herein relative thereto: Commencing at the North Quarter Corner of said Section 1; thence along said North line of the Northeast Quarter, South 89°51'00" East 40.00 feet; thence along a line that is 40.00 feet East, measured at right angles, and parallel to the West line of said Northeast Quarter, South 00°06'46" West 163.21 feet to a point on the South right-of-way of Colorado State Highway 52, said point also being the TRUE POINT OF BEGINNING of this description; thence along said South right- of-way of Colorado State Highway 52 the following two (2) courses and distances: (1) North 45°07'26" East 138.28 feet; (2) South 89°52'00" East 270.26 feet; thence South 00°06'46" West 368.06 feet; thence North 89°52'00" West 368.06 feet to a point on a line that is 40.00 feet East, measured at right angles, to the West line of said Northeast Quarter; thence along a line that is 40.00 feet East,measured at right angles, and parallel to the said West line,North 00°06'46" East 270.26 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 3.0 acres and is subject to all rights-of-way, easements, and restrictions now in use or on record. 2419817 8-1472 P-558 12/21/94 02:34P PG 3 OF 3 41A4Oen Hello