HomeMy WebLinkAbout990631.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF GRANT OF EASEMENT AND AGREEMENT
CONCERNING PURCHASE OF A PERMANENT SLOPE EASEMENT FOR CERTAIN
IMPROVEMENTS ON WELD COUNTY ROAD 34.5 AND AUTHORIZE CHAIR TO
SIGN - EDWARD MINCH
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 Acceptance of Grant of Easement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Edward
Minch, 17072 Weld County Road 5, Mead, Colorado 80542, with terms and conditions being as
stated in said acceptance, and
WHEREAS, the Board has also been presented with an Agreement Concerning the
Purchase of a Permanent Slope Easement for Certain Improvements on Weld County
Road 34.5 between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Edward
Minch, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to accept said grant of easement
and approve said agreement, 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 Grant of 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 Edward Minch be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the Agreement Concerning the Purchase of a Permanent Slope Easement for
Certain Improvements on Weld County Road 34.5 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 Edward Minch be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said acceptance and agreement.
990631
EG0038
RE: ACCEPTANCE OF GRANT OF EASEMENT AND AGREEMENT CONCERNING
PURCHASE OF A PERMANENT SLOPE EASEMENT ON WCR 34.5 - MINCH
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
ILILD UNTY, COL RA
ATTEST: t, k;f1/i : r \ � 1
t iu
DaledC. Hall, air
Weld County Clerk to 'e Vr '"'- ' =
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Barbar2 J. Kirkmeyer, Pro-Tem ;-
BY: 1 ice r ,,,,� I
Deputy Clerk to the :, �� N. Z ,`
! ,___, George xter
OV D O FORM: A
M. . eile
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990631
EG0038
GRANT OF EASEMENT
THIS EASEMENT, granted this f day of Gt l c� c , 1999, between Edward
Minch, whose legal address is 17072 Weld County Road 5, Mead Colorado 80542, 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, do 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 9, Township 3 North, Range 68
West of the 6th Principle Meridian, hereinafter referred to as "Easement."
Said Easement is 10.00 feet in width, starting at the common property line that separates
Michael A. and Kathryn M. Litzenberger parcel and Edward Minch parcel, and continues east
approximately 1450 feet to the west property line of the North Creek Subdivision, and paralleling
the north line of the right-of-way known as "Weld County Road 34.5". Said easement contains
0.333 acres more or less.
Said Easement is for the purpose of providing a four foot shoulder and a 3 to I slope to the
north of Weld County Road 34.5,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 34.5.
Said Easement is permanent and shall become effective upon signature of the Grantor.
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990631
Grantee agrees to repair and maintain the Easement granted herein at the sole cost and
expense of the Grantee. The Grantor 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 f, day of t/ccv'c. Ii , 1999.
GRANTOR:
Edward Minch
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this Zy day of
/Vi c. L\ , 1999 by Edward Minch, Grantor.
My Commission expires 2/ ,3-97,Oo/ . Witness my hand and official seal.
z«
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 properly as Public
Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this 29th day of march , 19 99 .
ATTEST: 1h�� ^�l > I/ COUNTY OF WELD, A BODY
CORPORATE CLERK TO A AND POLITIC OF THE STATE OF
COUNTY COMMISSION O J \ , COLORADO
Ag,
THE COUNTY OF WELD test Cis,%{
BY: .1 B : _
Deputy Clerk to the Board - - Da e K. Ha , air,
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 29th day of
March , 19 99,by Dale K. Hall, Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness my hand and official seal.
o µY -- a ^-�/V ica r . rt-i
2.' • C7 Ng Publ.
; JEAN D. ;
GILLINGHAM
isstynmission e
--
*Commission Espies March 26,2002
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2685276 04/06/3999 04:54P Wald County CO
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AGREEMENT
:-75-- CONCERNING PURCHASE OF A PERMANENT SLOPE EASEMENT FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD WCR 34.5, BETWEEN EDWARD MINCH
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this b day of g/eNit CL, 1999 by and between Edward
Minch, whose address is 17072 Weld County Road 5, Mead, Colorado 80542, 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")
34.5, which is Weld County Project No. 271, and
WHEREAS, Owners own the property described as follows:
A strip of land located in the Northwest quarter of Section 9, Township 3 North, Range 68
West of the 6th Principle Meridian, being 10.00 feet in width, starting at the common property line
that separates Michael A. and Kathryn M. Litzenberger parcel and Edward Minch parcel, and
continues east approximately 1450 feet to the west property line of the North Creek Subdivision, and
paralleling the north line of the right-of-way known as "Weld County Road 34.5". Said easement
contains 0.333 acres more of less.
WHEREAS, County needs a permanent slope easement over the property described above
in order to complete said rebuilding and improvement project by providing a four foot shoulder and
a 3 to 1 slope to the north of Weld County Road 34.5, 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 34.5, and
WHEREAS, Owners wish to cooperate with County in said road improvement project.
NOW, THEREFORE, the parties herein agree as follows:
1. Owners agree to convey and County agrees to accept a permanent slope easement
shown across the property described above.
2. 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.
3. Owners hereby warrant that they are the owners of the Property and will defend title
thereto against all claims.
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.
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Silk! Teukamoto
OWNERS:
&Lic. 'Vnol-rAde-c.
Edward Minbh
ATTEST: IG�Y /I,f COUNTY OF WELD, a body corporate and
CLERK TO THE BOARD y ,3 politic of the STATE OF COLORADO
COUNTY COMMISSIO aS sclq(�") �'
SY
BY: \\\ By.
Deputy Clerk to the Boar Iv Dale K Hall, Chairman (03/29/99)
m:wpti les\dons\wcr 34 5m
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