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Home My WebLink About940835.tiff RESOLUTION RE: APPROVE POSSESSION AND USE AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN - HERGERT PARTNERSHIP #1 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 Judith A. Hergert, Patricia M. Hergert, Allison L. Hergert, and Judith A. Hergert as Trustee for the Hergert Partnership #1, 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 Judith A. Hergert, Patricia M. Hergert, Allison L. Hergert, and Judith A. Hergert as Trustee for the Hergert Partnership #1, 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. (I,/PL// BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board lit-led ij A W EL bster, Chair-an r -VVV444 BY: Deputy 1 rk to the rd Dale . Hall, ro- m APPROV AS TO FORM: rt /�� , ', _„ - GGe/�orgefL. Baxter ` 9(,/�/" County Attoiney ka nce L. Harbet J. J≤t o 940835 CC. Pitt�(bu ). t/Y3cr1 1t 1>t.) AR2406871 WELD COUNTY POSSESSION AND USE AGREEMENT THIS AGREEMENT is made and entered into this /J - day of ,)t Lt . , 1994 , by and between Weld,, County, Colorado, by and thrdugh the Board of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County" , and Judith A. Hergert, Patricia M. Hergert, Allison L. Hergert, and Judith A. Hergert as Trustee for the Patricia M. Hergert and Allison L. Hergert Trust, on behalf of the Hergert Partnership #1, with address of 5030 W. 20th Street, Greeley, Colorado 80634, hereinafter collectively referred to as "Hergert Partnership #1 Beneficiaries" . WITNESSETH: WHEREAS, County finds it necessary to rebuild County Bridge 23/74A, and WHEREAS, the Hergert Partnership #1 owns property adjacent to said project as described in Book 898, Reception 1819965, 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, Hergert Partnership #1 Beneficiaries are heirs apparent of David Hergert, General Partner for the Hergert Partnership #1, 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 #1 and on their own behalf, the Hergert Partnership #1 Beneficiaries 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 $472 paid to the Hergert Partnership #1 Beneficiaries, the receipt and sufficiency whereof are hereby acknowledged, the parties hereto agree as follows : 1 . As referenced above, the Hergert Partnership #1 is the current owner of three parcels of land located adjacent to Weld County Bridge 23/74A. The parcel of land described in the attached Exhibit "A", hereinafter Page 1 of 4 Pages 940835 DOC 0.00 2406871 B-1459 P-819 09/16/94 03:37P PG 1 OF 13 REC Mary Ann Feuerstein Weld Co. , Clerk & Recorder referred to as "Parcel 1", is needed by County as additional right-of-way. Said Parcel 1 is comprised of . 207 acres . The parcel of land described in the attached Exhibit "B", hereinafter referred to as "Parcel 1-E" , is necessary for an easement to be conveyed to the Larimer- Weld Irrigation Company for the placement of a canal road. Said Parcel 1-E is comprised of . 165 acres . The parcel of land described in the attached Exhibit "C" , hereinafter referred to as "Parcel 1-CE", is necessary for a temporary construction easement. Said Parcel 1-CE is comprised of . 132 acres . 2 . David Hergert, the General Partner for Hergert Partner- ship #1 is currently unavailable. The Hergert Partner- ship #1 Beneficiaries, as heirs apparent of David Hergert and as limited partners of Hergert Partnership #1, are the only known beneficiaries of said Partnership, other than David Hergert. The Hergert Partnership #1 Benefici- aries, on their own behalf and on behalf of the Hergert Partnership #1 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 1 and the temporary construction easement described as Parcel 1-CE, all in accordance with the provisions of this Agreement for the following compensation: Parcel No. Acreage Value 1 . 207 $207 1-E . 165 165 1-CE . 132 100 Grand Total $472 Additionally, County agrees to do the following: a. To allow the placement of one new access after the date of this Agreement to WCR 23 from the parcel described as the NW4 of Section 36, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, also known as Assessor's Office Parcel Number 070536000018 . b. To move the three wire barbed wire fence which is currently in place on the southeast corner of the intersection of WCRs 23 and 76 such that it borders the newly aligned WCR 23, ties into the eastern Page 2 of 4 Pages 2406871 B-1459 P-819 09/16/94 03:37P PG 2 OF 13 94CP35 bridge railing, and extends easterly on WCR 76 for approximately 20 feet. 3 . The Hergert Partnership #1 Beneficiaries represent that Hergert Partnership #1 is currently unable to convey to County the right-of-way described as Parcel 1 and the easements described as Parcel 1-E and Parcel 1-CE, because of the unavailability of the General Partner, David Hergert. Nevertheless, the Hergert Partnership #1 Beneficiaries hereby grant the irrevocable right to County to possess and use the right-of-way described as Parcel 1 and the temporary construction easement described as Parcel 1-CE, and to the Larimer-Weld Irrigation Company to possess and use the easement described as Parcel 1-E for the purpose of rebuilding and improving Weld County Bridge 23/74A, until such time as the Hergert Partnership #1 Beneficiaries, David Hergert, or someone on behalf of David Hergert, or all of them collectively, are legally able to convey said right-of- way and easements . 4 . The Hergert Partnership #1 Beneficiaries 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 Partnership #1, or by David Hergert on his own behalf or on behalf of said Hergert Partnership #1, resulting from the possession and use of the right-of-way described as Parcel 1 or the easements described as Parcel 1-E and 1-CE, or by virtue of the Hergert Partnership #1 Beneficiaries entering into this Agreement and agreeing to convey the right-of-way and easements for the consideration set forth in paragraph 2 . 5 . The Hergert Partnership #1 Beneficiaries 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 #1, has the legal capacity to convey to County the right-of-way described as Parcel 1 and the easement described as Parcels 1-E and 1-CE. 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 easements shall be made using substantially Page 3 of 4 Pages 2406871 B-1459 P-819 09/16/94 03:37P PG 3 OF 13 94UP35 • the forms which are attached hereto as Exhibits "D" , "E", and "F" . 7 . This Agreement shall be deemed a contract and shall bind the parties and shall extend to and bind their heirs, devises, 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 in day day of „sit . , 1994 . ATTEST: ` „+ 0/v (/l/GL2j WELD COUNTY, COLORADO, BY AND THROUGH THE BOARD OF COUNTY CLERK TO THE,BOARD- COMMISSIONERS OF WELD COUNTY BY: BY: bJ( } f) J)/{ ep ty Cler to the oard William H. Webster, Chairm ON THEIR OWN BEHALF AND ON BEHALF OF HERGERT PARTNER-SHIP #1 AND DAVID HERGERT ib•AJ�uu6 .nth He Hergert Patricia M. 4iergert 4uac-fl L, 44- rit Allison L. Herge 0_, Ju ith A. ergert, as Trustee fo the Patricia M.'Hergert and Allison L. Hergert Trust ahergert.gjb Page 4 of 4 Pages 2406871 B-1459 P-819 09/16/94 03:37P PG 4 OF 13 910835 ' EXHIBIT A PROPERTY DESCRIPTION PARCEL 1 A parcel of land located in the Northwest Quarter of Section 36, 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 northwest corner of said Northwest Quarter of Section 36; THENCE N89°22'33"E along the northerly line of said Northwest Quarter of Section 36 a distance of 60.01 feet; THENCE S00"26'26"W along a line being 60.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36 a distance of 30.01 feet to the POINT OF BEGINNING; THENCE continuing alongsaid line SOO°26'26"W a distance of 300.77 feet; THENCE N89°33'34"W a distance of 30.00 feet; THENCE NOO°26'26"E along a line being 30.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36 a distance of 300.22 feet; THENCE N89°22'33"E along a line being 30.00 feet southerly of and parallel with the northerly line of said Northwest Quarter of Section 36 a distance of 30.01 feet to the POINT OF BEGINNING. Containing 9015 syare feet (0.207 Acres) , more or less. 2406871 8-1459 P-819 09/16/94 03:37P PG 5 OF 13 94.0R35 EXHIBIT "B" PROPERTY DESCRIPTION PARCEL lE TO; The Larimer—Weld Irrigation Company A parcel of land located in the Northwest Quarter of Section 36, 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 northwest corner of said Northwest Quarter of Section 36; THENCE N89°22'33"E along the northerly line of said Northwest Quarter of Section 36 a distance of 60.01 feet; THENCE S00°26'26"W along a line being 60.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36, a distance of 220. 78 feet to the POINT OF BEGINNING; THENCE S89°33'34"E a distance of 90.00 feet; THENCE SOO°26'26"W along a line being 150.00 feet easterly of and - parallel • with the westerly line of said Northwest Quarter of Section 36, a distance of 80.00 feet; THENCE N89°33 '34"W a distance of 90.00 feet; THENCE NOO°26'26"E along a line being 60.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36, a distance of 80.00 feet to the POINT OF BEGINNING. Containing 7200 square feet (0.165 Acres) , more or less. 2406871 B-1459 P-819 09/16/94 03:37P PG 6 OF 13 � _' 0 35 EXHIBIT "C" PROPERTY DESCRIPTION PARCEL 10E A parcel of land located in the Northwest Quarter of Section 36, 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 northwest corner of said Northwest Quarter of Section 36; THENCE N89°22'33"E along the northerly line of said Northwest Quarter of Section 36 a distance of 60.01 feet; THENCE SOO°26'26"W along a line being 60.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36 a distance of 30.01 feet to the POINT OF BEGINNING; THENCE N89°22 '33"E along a line being 30.00 feet southerly of and parallel with the northerly line of said Northwest Quarter of Section 36 a distance . of 30.01 feet; THENCE SO0°26'26"W along a line being 90.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36 a distance of 191.33 feet; THENCE N89°33'34"W a distance of 30.00 feet; THENCE NOO°26.26"E along a line being 60.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36 a distance of 190.77 feet to the POINT OF BEGINNING. Containing 5732 square feet (0. 132 Acres) , more or less. 2406871 B-1459 P-819 09/16/94 03:37P PG 7 OF 13 • 940S3S EXHIBIT "D" QTJIT CLAIM I)IEIEI3 THIS DEED, made this day of 19_, between Hergert Limited Partnership #1, 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 TWO HUNDRED SEVEN DOLLARS ($207) and other good and valuable consideration, to the said party of the first part in hand paid or promised 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 # 1 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 : 2406871 B-1459 P-819 09/16/94 03:37P PG 8 OF 13 EXHIBIT "1" PROPERTY DESCRIPTION PARCEL 1 A parcel of land located in the Northwest Quarter of Section 36, 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 northwest corner of said Northwest Quarter of S€ction 36; THENCE N89°22'33"E along the northerly line of said Northwest Quarter of Section 36 a distance of 60.01 feet; THENCE S00°26'26"W along a line being 60.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36 a distance of 30.01 feet to the POINT OF BEGINNING; THENCE continuing along said line S00°26'26"W a distance of 300.77 feet; THENCE N89°33'34"W a distance of 30.00 feet; , THENCE NOO°26'26"E along a line being 30.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36 a distance of 300.22 feet; THENCE N89°22'33"E along a line being 30.00 feet southerly of and parallel with the northerly line of said Northwest Quarter of Section 36 a distance of 30.01 feet to the POINT OF BEGINNING. Containing 9015 sJgyare feet (0.207 Acres) , more or less. 2406871 8-1459 P-819 09/16/94 03:37P PG 9 OF 13 940835 EXHIBIT "E" Recorded at o 'clock M. , Reception No. Recorder. EASEMENT THIS EASEMENT, granted this day of 19 between Hergert Limited Partnership #1, 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 One Hundred Sixty-Five Dollars ($165) , 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 being approximately ninety (90) feet in length and sixty (60) feet in width, 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 #1 BY: Grantor STATE OF COLORADO 9e. 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 Person Creating Newly Created Legal Description (S 38-35-106.5, C.R.S.) eherg165.db 2406871 8-1459 P-819 09/16/94 03:37P PG 10 OF 13 940 Plc EXHIBIT "1" PROPERTY DESCRIPTION PARCEL lE TO: The Larimer—Weld Irrigation Company A parcel of land located in the Northwest Quarter of Section 36, 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 northwest corner of said Northwest Quarter of Section 36; THENCE N89°22'33"E along the northerly line of said Northwest Quarter of Section 36 a distance of 60.01 feet; THENCE S00°26'26"W along a line being 60.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36, a distance of 220. 78 feet to the POINT OF BEGINNING; THENCE .589°33'34"E a distance of 90.00 feet; THENCE S00°26'26"W along a line being 150.00 feet easterly of and . parallel , with the westerly line of said Northwest Quarter of Section 36, a distance of 80.00 feet; THENCE N89°33 '34"W a distance of 90.00 feet; THENCE NOO°26'26"E along a line being 60.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36, a distance of 80.00 feet to the POINT OF BEGINNING. Containing 7200 square feet (0. 165 Acres) , more or less. 2406871 B-1459 P-819 09/16/94 03:37P PG 11 OF 13 • 440x' 5 EXHIBIT "F" Recorded at o'clock M. , Reception No. Recorder. EASEMENT THIS EASEMENT, granted this day of , 19 , between Hergert Limited Partnership #1, whose legal address is 36652 Weld County Road, Windsor, Colorado, of the County of Weld, State of Colorado, the Grantor, and County f olitic the legal Weld Greeley,pColoradof80631, of of the d whose a the County of Weld, State of Colorado, the Grantee. WITNESSETH, that the Grantor, for and in consideration of the sum of One Hundred Dollars ($100) , 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. ) providing temporary access for construction of Bridge 23/74A, said easement being approximately thirty (30) feet in length and one hundred ninety-one (191) feet in width, 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 #1 BY: Grantor STATE OF COLORADO ss. 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 Person Creating Newly Created Legal Description (S 38-35-106.5, C.A.S.) eherg100.db 2406871 B-1459 P-819 09/16/94 03:37P PG 12 OF 13 940839 EXHIBIT "1" PROPERTY DESCRIPTION PARCEL 10E A parcel of land located in the Northwest Quarter of Section 36, 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 northwest corner of said Northwest Quarter of Section 36; THENCE N89°22'33"E along the northerly line of said Northwest Quarter of Section 36 a distance of 60.01 feet; THENCE SOO°26'26"W along a line being 60.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36 a distance of 30.01 feet to the POINT OF BEGINNING; . THENCE N89°22 '33"E along a line being 30.00 feet southerly of and parallel with the northerly line of said Northwest Quarter of Section 36 a distance of 30.01 feet; ' THENCE S00°26'26"W along a line being 90.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36 a distance of 191.33 feet; THENCE N89°33'34"W a distance of 30.00 feet; THENCE NOO°26'26"E along a line being 60.00 feet easterly of and parallel with the westerly line of said Northwest Quarter of Section 36 a distance of 190.77 feet to the POINT OF BEGINNING. Containing 5732 square feet (0. 132 Acres) , more or less. 2406871 B-1459 P-819 09/16/94 03:37P PG 13 OF 13 • 940935 Hello