HomeMy WebLinkAbout991093.tiff RESOLUTION
RE: APPROVE AGREEMENT AND ACCEPTANCE OF GRANT OF EASEMENT
CONCERNING IMPROVEMENTS TO INTERSECTION OF WELD COUNTY
ROADS 17 AND 50 AND AUTHORIZE CHAIR TO SIGN - HARRIET D. WILLIAMS
COMPANY
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 and Acceptance of a
Grant of Easement Concerning Certain Improvements to the Intersection of Weld County
Roads 17 and 50 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 Harriet
D. Williams Company, 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, THEFtEFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement and Acceptance of a Grant of Easement
Concerning Certain Improvements to the Intersection of Weld County Roads 17 and 50
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 Harriet D.
Williams Company 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 acceptance.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
OUNTY, COL RAD
ATTEST: LL4/��/ ji . �"- //))
1� 4' D K. Hall, Chair
Weld County Clerk to y L".
'r v Barbara J. Kirkmeyer, P o-Tern 74
BY: � ;;/fLz- , •
Deputy Clerk to the : /Et
Georg xter
APP TO FORM:
M. J. Geile
ty Attorney as
Glenn Vaad
EG, n n ����4) 991093
W+ EG0038
AGREEMENT
CONCERNING CERTAIN IMPROVEMENTS TO INTERSECTION OF
WELD COUNTY ROADS (WCR) 17 AND 50
THIS AGREEMENT is made this .2i 9 day of C�,cci-1' , 1999, by and
between Harriet D. Williams Company, whose address is 8499 Weld County Road 48 1/2,
Johnstown, Colorado 80534, hereinafter 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, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld
County Roads ("WCR") 17 and 50, which is Weld County Project No. 323; and
WHEREAS, Owner owns the property described as follows: A strip of land located in
the Northwest Quarter of Section 4, Township 4 North, Range 67 West of the 6th Principle
Meridian, being 20.00 feet in width, starting at the common property line of the Great Western
Railway of Colorado, L.L.C. and the Harriat D. Williams Company parcel, paralleling the south
side of the north section line of Section 4 and continuing east to the Big Thompson River where
said easement terminates and hereinafter referred to as "the Permanent Easement." The
Permanent Easement contains 0.882 acres, more or less; and
WHEREAS, County needs to obtain the Permanent Easement in order to construct a 36
inch storm sewer drainage system for the purpose of draining storm water from the intersection
of WCR 17 and WCR 50 to the Big Thompson River and thereby to complete said rebuilding
and improvement project; and
WHEREAS, Owner also owns the property described as follows: A strip of land located
in the Northwest Quarter of Section 4, Township 4 North, Range 67 West of the 6th Principle
Meridian, being 50.00 feet in width, starting at the common property line of the Great Western
Railway of Colorado, L.L.C. and the Harriat D. Williams Company parcel and paralleling the
south side of the previous described Permanent Easement and continuing east to the Big
Thompson River where said easement terminates and being hereinafter referred to as "Temporary
Construction Easement." The Temporary Construction Easement contains 2.20 acres, more or
less; and
WHEREAS, County is in need of obtaining the Temporary Construction Easement for a
period of(90) days; and
WHEREAS, Owner wish to cooperate with County by agreeing to grant such Permanent
Easement and Temporary Construction Easement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Owner agrees to grant Permanent Easement to County by separate instrument.
Owner hereby understands and acknowledges that the Permanent Easement if for
the purpose of draining standing water from the intersection of WCR's 17 and 50..
2. Owner hereby grants to County Temporary Construction Easement for a period of
ninety (90) days.
3. Owner agrees not to build or maintain any buildings or structures within the
Permanent Easement, or to construct or allow any obstructions therein, which
will hinder or prevent the proper and reasonable use of the Permanent Easement
by the County.
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4. 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 agents or
employees, hereto. This Agreement embodies 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.
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.
OWNER:
•
Harriat D. Williams
t BOARD OF COUNTY COMMISSIONERS
ATTEST: -LA ) \> OF WELD COUNTY, STATE OF
CLERK TO THE BOAR COLORADO
BY: CGL/Le v B :
Deputy Clerk to the Boar Dale K. Hall, Chairm n 05/17/94)
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GRANT OF EASEMENT
is-6o
THIS EASEMENT, granted this 2 day of , 1999, between Harriat
D. Williams Company,whose legal address is 8499 Weld oC� unty Road 48 1/2, Johnstown, Colorado
80534, Grantor, and the County of Weld, a political subdivision of the State of Colorado, whose
legal address is P.O. Box 758, 915 Tenth Street, Greeley, Colorado 80632, Grantee.
WITNESSETH, that the Grantor, for good and sufficient consideration paid to the Grantee,
the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and
convey to the Grantee an easement over and across the following described parcel of real property
owned by Grantor and situated in the County of Weld and State of Colorado, to wit:
A strip of land located in the Northwest quarter of Section 4, Township 4 North, Range 67
West of the 6th Principle Meridian, hereinafter referred to as "Easement."
Said Easement is 20.00 feet in width, starting at the common property line of the Great
Western Railway of Colorado L.L.C. and the Harriat D. Williams Company parcel, paralleling the
south side of the north section line of Section 4 and continuing east to the Big Thompson River
where said easement terminates. Said Easement contains 0.882 acres, more or less.
Said Easeme t is th purpose of providing the installation and maintenance of a 36 inch
5 s Va i
storm sewer drai�i �fe fo ram the intersection of WCR 17 and WCR 50 to the Big Thompson
River for the benefit of and appurtenant to the right-of-way of said intersection of Weld County
Road 17 and WCR 50.
Said Easement is permanent and shall become effective upon signature of the Grantor.
Grantee agrees to construct and maintain the Easement granted herein at the sole cost and
expense of the Grantee. The Grantor agrees to not build or maintain any buildings or structures
within the Easement, or construct or allow any obstructions therein,which will hinder or prevent the
proper and reasonable use of the Easement by the Grantee.
Signed and delivered the A 7 day of A , 1999.
GRANTOR:
Harriat D. Williams
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 'Z'`Z_ day of
4Gt2,i L- , 1999 by Harriat D. Williams, Grantor.
My Commission expires , Zc'C/. Witness my hand and official seal.
Notary Public ,
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ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and through
its Board of County Commissioners, hereby accepts the above dedication of property as Public
Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this i 7 tit day
f IN" , 19 9r) .
ATTEST:4441
"G" ' ' �� COUNTY OF WELD, A BODY
CORPORATE CLERK TO TH gib,QF?:' AND POLITIC OF THE STATE OF
COUNTY COMM]SSIONE ` ,J ';• COLORADO
THE COUNTY OF WELD
iota ''il
BY: 6....}t14,--, i LatP`1'r r A,. BY&
Deputy Clerk to the Board ` `L' i1\I �\\ Dale K. Hall, Chair, 605/17/6I9)
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this j'`"1 day of
J 1 ),;i ,/ _, 197'1 ,by Dale K. Hall,Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness my hand and official seal.
.01',11- t9 1
uti�!
2t JEAN D. � Notar Public / ,
GILLINGHAM i 'l
My • fission expiFe
My Commission Expires March 26,2002
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