HomeMy WebLinkAbout991094.tiff RESOLUTION
RE: APPROVE AGREEMENT AND ACCEPTANCE OF GRANT OF EASEMENT
CONCERNING PURCHASE OF PERMANENT SLOPE EASEMENT AND AUTHORIZE
CHAIR TO SIGN -TRUNKENBOLZ
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 the Purchase of a Permanent Slope Easement 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 F.A., Elsie, Jay and Jerry
Trunkenbolz, 609 South 1st Avenue, Brighton, Colorado 80601, 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 Agreement and Acceptance of a Grant of Easement
Concerning the Purchase of a Permanent Slope Easement 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 F.A., Elsie, Jay and Jerry Trunkenbolz, 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, C LORADO
ATTEST: Jar,'
` Da K. Hall, Chair
Weld County Clerk to (- B :�. �.'
l Kirkmeyer,frroz-Temar
/ arbar,J. Kirkmeye
BY: Deputy Clerk to the Bb4 • i /A t
• George E. B ter
APP S TO FORM: 1/ 21-6-2
M. J. ei e
?/9
ounty At orne ,4,.%"& 7
Glenn Vaad
991094
C' : E`?, CA, -r-eunk.enboIz- EG0038
AGREEMENT
j
CONCERNING PURCHASE OF A PERMANENT SLOPE EASEMENT AND OBTAINING
PERMISSION TO SHAPE AND RESEED PROPERTY OWNED BY F. A. TRUNKENBOLZ,
ELSIE R. TRUNKENBOLZ., JAY E. TRUNKENBOLZ, AND JERRY L. TRUNKENBOLZ
THIS AGREEMENT is made this '7 day of ;7 n , 1999, by and between
F.A. Trunkenbolz., Elsie R Trunkenbolz., Jay E. Trunkenbol , and Jerry L. Trunkenbolz, whose
address is 609 South 1st Avenue, Brighton, Colorado 80601, hereinafter referred to as "Owners,"
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 Weld County Road (WCR)
35, which is Weld County Project No. 283, and
WHEREAS, Owner owns the property described as follows: A strip of land located in the
Southeast quarter of Section 1, Township 1 North, Range 66 West of the 6th Principle Meridian,
being 10.00 feet in width, starting 207.00 feet from the north line of the southwest quarter of the
southwest quarter of Section 1, Township 1 North, Range 66 West, and continuing south
approximately 451.00 feet and paralleling the east line of the right-of-way of WCR 35, hereinafter
referred to as "the Permanent Slope Easement." The Permanent Slope Easement contains 0.126
acres, more or less; and
WHEREAS, County needs the Permanent Slope Easement in order to complete said
rebuilding and improvement project; and
WHEREAS, Owner also owns the property described as follows: A strip of land located in
the Southeast quarter of Section 1, Township 1 North, Range 66 West of the 6th Principle Meridian,
being 30.00 feet in width, starting at the north line of the southwest quarter of the southwest quarter
of Section 1 Township 1 North, Range 66 West, and continuing south approximately 207.00 feet,
and paralleling the east right-of-way line of WCR 35, hereinafter referred to as "the Reseed Area."
The Reseed Area contains 0.165 acres, more or less; and
WHEREAS, County is in need of permission from Owners to enter, for a period of up to one
year from the date of this Agreement, the Reseed Areas for the purpose of shaping and reseeding the
hill to the east of WCR 35, for the purpose of providing a slight snow break for WCR 35; and
WHEREAS, Owner wish to cooperate with County by agreeing to grant such Permanent
Slope Easement and such permission to enter the Reseed Arca.
NOW, THEREFORE, the parties herein agree as follows:
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1. Owner agrees to sell and County agrees to purchase the Permanent Easement the sum
of Three Hundred Fifteen dollars and no/100 ($315.00). This sum is calculated as
$2,500.00 multiplied by 0.126 acres. Said Permanent Slope Easement shall be
conveyed by Grant of Easement prepared by County.
2. County agrees to construct and maintain the Permanent Slope Easement at its sole
cost and expense. Said Permanent Slope Easement is for the purpose of providing
a four foot shoulder and a 3 to 1 slope to the east of WCR 35. to allow for erosion
control, seeding, and maintenance of said area for the benefit of and appurtenant to
the right-of-way of WCR 35.
3. Owner agrees not build or maintain any buildings or structures within the Permanent
Slope Easement, or to construct or allow any obstructions therein, which will hinder
or prevent the proper and reasonable use of the Permanent Slope Easement by the
County.
4. Owner hereby permits County to enter, for a period of up to one year from the date
of this Agreement, the above described property for the purpose ot shaping and
reseeding with native grasses the hill to the east of WCR 35 for the purpose of
providing a slight snow break for WCR 35.
5. Owners agree to refrain from performing any work or constructing any structure
within the Reseed Area which is inconsistent with the shaping and reseeding work
to be performed by County during the term of the permission granted herein.
6. County does not represent or warranty that the reseeding will result in any particular
stand of grass, or guarantee the strength or viability thereof Owners understand and
acknowledge that the shaping and reseeding are intended to benefit County in its
maintenance of WCR 35. Any benefit by Owners, their heirs and assigns, from the
shaping and reseeding is considered secondary.
7. 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.
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2897851 06/02/1999 04:16P Weld County CO
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNERS:
A. Trunkenbolz
Elsie R. Trunkenbolz t'
Ja E. TrunkenHloh de , — .'¢—
/ry L. runkenbolz�t�j� &
BOARD OF COUNTY COMMISSIONERS
I
ATTEST: OF WELD COUNTY, STATE OF
CLERK TO THE BOARD E La COLORADO
BY: ;•,• r Y `-.: B •
Deputy Clerk to the L�- A, Dale K. Ha , Chairman (05//7/960
/ri ,
lli
in.wpfiles dons\wcr35.tra
Page 3 of 3 Pages
111111 11111111111111111111111111111111 III 11111 IIII I'll
2897851 06/02/1999 04:16P Wald County CO
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GRANT OF EASEMENT
THIS EASEMENT, granted this I day of i�'C'' , 1999, between F. A.
Trunkenbolz, Elsie R.Trunkenbolz, Jay E.Trunkenbolz, and Jeriy L. Trunkenbolz, whose legal
address is 609 South 1st Avenue, Brighton, Colorado 80601, Grantors, 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.
WTTNESSETH,that the Grantors, for good and sufficient consideration paid to the Grantee,
the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, and
convey to the Grantee an easement over and across the following described parcel of real property
owned by Grantors and situated in the County of Weld and State of Colorado, to wit:
A strip of land located in the Southeast quarter of Section 1, Township 1 North, Range 66
West of the 6th Principle Meridian, hereinafter referred to as "Easement."
Said Easement is 10.00 feet in width, starting 207.00 feet from the north line of the southwest
quarter of the southwest quarter of Section 1, Township 1 North. Range 66 West, and continues
south approximately 451.00 feet, and paralleling the east line of the right-of-way known as "Weld
County Road 35." Said easement contains 0.126 acres more or less.
Said Easement is for the purpose of providing a four foot shoulder and a 3 to 1 slope to the
east of Weld County Road 35, to allow for erosion control, seeding, and maintenance of said area
for the benefit of and appurtenant to the right-of-way of said Weld County Road 35.
Said Easement is permanent and shall become effective upon signature of the Grantors.
Grantee agrees to repair and maintain the Easement granted herein at the sole cost and
expense of the Grantee. The Grantors will 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 ri day of tritest 1 , 1999.
GRANTORS:
L. runkenbolz
Elsie R. Trunkenbolz
STATE OF jA4, -9131
) ss.
COUNTY OF te r,i )
The foregoing instrument was acknowledged before me this rr day of
L2� , 1999, by F. A. Trunkenbolz, Elsie R.Trunkenbolz, Grantors.
Witness my hand and official seal.
Notary Public
My Commission expires i a r. �t
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J , E. Trunkenbolz 6/4,e_ %(7
STATE OF (,�-,/,-,,I
)ss.
COUNTY OF Li J )
The foregoing instrument was acknowledged before me this 1,7_ day of
elin-7 , 1999, by Jay E. Trunkenbolz, Grantor.
n
Witness my hand and official seal. iiv-.- ..-4 IL, Cam,
Notary Public ,.,
My Commission expires Fib, 17 , 7 j . "
--E/4.C ` e-
Jer Trunkenbo W . .
STATE OF C.e&2..c.) /
)1 )ss.
C>u COUNTY OF c:a )
The foregoing instrument was acknowledged before me this '7 day of
j/ rt.A.,! , 1999, by Jerry L. Trunkenbolz, Grantor.
Witness my hand and official seal. 0 R_ t-_
Notary Public
My Commission expires e �c j Z.. , Zoe-( k %s\ `� s'
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Taukamoto
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 tk. day of of , 19 q9 .
ATTEST: /a /'C ' COUNTY OF WELD, A BODY
CORPORATE CLERK TO TH 6.d r'f\AND POLITIC OF THE STATE OF
COUNTY COMMISSIONER - ` 47 "i3OLORADO
THE COUNTY OF WELD ri �t'
i� C.
BY: <ee ��ts. : (o- S1ve�� 1/4 U a{4 t ate Y.; �G
Deputy Clerk to the Board —a
�� �� Dale K. Hall, Chair, (05//7/99
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
i ) )61 <, _, 19 7 ,by Dale K.Hall,Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness my hand and official seal.
�PaY..PU0 J
• i JEAN D. Not Publi�
I�ILIJN(i uu ; (i
:
My coin 4 , tuir .te,;
My cc -1n Expires March 2B2002
m:AwpfllesV dons\accept tor
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2697852 06/02/1999 04:16P Weld County CO
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POWER OF ATTORNEY
The undersigned being a Trustee named in the Revocable
Living Trust of F. A. Trunkenbolz , a/k/a F. Albert Trunkenbolz,
a/k/a Fredrick Albert Trunkenbolz , a/k/a Albert F. Trunkenbolz ,
does hereby make, constitute and appoint F. A. TRUNKENBOLZ my
attorney in fact and agent in my name, place and stead to:
Sell, encumber, pledge, transfer, convey, mortgage, grant
security interests in, and deal with the property in the
Revocable Living Trust dated the 19th day of October
1987 wherein F. A. Trunkenbolz is Grantor and the undersigned is
Trustee, all without limitation and restriction.
This Power of Attorney shall apply to all property now in
said Trust and any property hereafter placed in such Trust and to
all property held by Grantor and undersigned in Joint Tenancy.
Schedule A annexed list the property presently in said Trust
and is made a part hereof.
This Power of Attorney is limited and restricted to selling,
encumbering, pledging, transferring, conveying, mortgaging,
granting security interests in and dealing with the property in
said Trust and shall not apply to the separate property of the
undersigned.
This Power of Attorney shall not be restricted by disability
of the undersigned.
DATED this 19th day of October _, 1987 .
Trunkenbolz
STATE OF COLORADO )
ss.
COUNTY OF ADAMS )
The foregoing instrument was subscribed and sworn to before
me this 19th day of October , 1987 by Jay E. Trunkenbolz.
Witness my hand and official seal .
.��.� -.My commission expires: 11/22/88
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Notary Public
0; Coto'''
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248of852R 0.00/ 99 D 0.00 4 JABP Weld County CO
Suki Tsukamete
POWER OF ATTORNEY
The undersigned being a Trustee named in the Revocable
Living Trust of F. A. Trunkenbolz , a/k/a F. Albert Trunkenbolz ,
a/k/a Fredrick Albert Trunkenbolz , a/k/a Albert F. Trunkenbolz,
does hereby make, constitute and appoint F. A. TRUNKENBOLZ my
attorney in fact and agent in my name, place and stead to:
Sell , encumber, pledge, transfer, convey, mortgage , grant
security interests in, and deal with the property in the
Revocable Living Trust dated the 19th day of October
1987 wherein F. A. Trunkenbolz is Grantor and the undersigned is
Trustee, all without limitation and restriction.
This Power of Attorney shall apply to all property now in
said Trust and any property hereafter placed in such Trust and to
all property held by Grantor and undersigned in Joint Tenancy.
Schedule A annexed list the property presently in said Trust
and is made a part hereof.
This Power of Attorney is limited and restricted to selling,
encumbering, pledging, transferring, conveying, mortgaging,
granting security interests in and dealing with the property in
said Trust and shall not apply to the separate property of the
undersigned.
This Power of Attorney shall not be restricted by disability
of the undersigned. /
DATED this ',?4 day of _('2G.4 , 1987 .
rry L. Trunkenbolz
"
STATE OF Przo,6v7bn)
�/ ) ss.
COUNTY OF 42049,2e_4
The forggoing instryAent was subscribed and sworn to before
me this _,9/)Y'7 day of C , 1987 by Jerry L.
Trunkenbolz.
Witness my hand and official seal.
My commission expires: /4-A(9
,.{/,:..:..2.,,,,,'-.
4
t • _ - Notary Public
s .
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JA Sukl Tsukmmoto
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