HomeMy WebLinkAbout990632.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 - MICHAEL AND KATHRYN LITZENBERGER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute arid 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 a 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 Michael and
Kathryn Litzenberger, 14661 Weld County Road 5, Longmont, Colorado 80501, 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 Michael and
Kathryn Litzenberger, 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 Michael and Kathryn Litzenberger 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 Michael and Kathryn Litzenberger 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.
990632
EG0038
RE: ACCEPTANCE OF GRANT OF EASEMENT AND AGREEMENT CONCERNING
PURCHASE OF A PERMANENT SLOPE EASEMENT ON WCR 34.5 - LITZENBERGER
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
OUNTY, COLO AD
J
ATTEST: /0I ' .
it • Dale K. Hall, Chair
Weld County Clerk to t !IB
L 9 "' ��. aB rbara J. Kirkmeyer, Pro'Tem C.
Deputy Clerk to the 6:�1�- ' $�
eorge xter
AP 3 FORM: _
ei. 7
unty Attorney ,c/,au /e
Glenn Vaad
990632
EG0038
GRANT OF EASEMENT
77
THIS EASEMENT, granted this ZZ day of f',a rc. k. , 1999, between Michael
A. and Kathryn M. Litzenberger, whose legal address is 14661 Weld County Road (WCR) 5,
Longmont, Colorado 80501, 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.
WITNESSETH, 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 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 east right-of-way line of WCR 5 and
continues east approximately 960 feet to the common property line that separates Michael A. and
Kathryn M. Litzenberger parcel and Ldward Minch parcel,and paralleling the north line of the right-
of-way known as "Weld County Road 34.5". Said easement contains 0.22 acres more or less.
Said Easement is for the purpose of 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 WCR 34.5.
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 21 day of 4/arc -t_ , 1999.
GRANTORS:
M el A. Litzenber& r '
1), 1k 174itu
Kathryn M.titzenberger
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
Thel foregoing instrument was acknowledged before me this �'- day of
(2 tC4 c Vim- , 1999, by Michael A. and Kathryn M. Litzenberger, Grantors.
R
My Commission expires . j0 / , -zc cl . Witness my hand and official seal.
Notary T 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(l)(a).
Dated this_ 29th day of March , 19 99 .
ATTEST: j get Gi et 1 COUNTY OF WELD, A BODY
CORPORATE CLERK TO TH : . j tat{ a`•ND POLITIC OF THE STATE OF
COUNTY COMMISSIONER fy' Cr.? %BLORADO
THE COUNTY OF WELD j
M
BY: CoJi�9 ) � �rl[a__ -J 1Y. —
Deputy Clerk to the Board Dale K. Hall, Chair,
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.
.sp't t.ot P�j� 7 // n
21
; JEAN D. _P ' NoaryPu c
GILLINGHAM
My 'mission ey.O:
13..Opcorm _ .
My Commission Expires March 26 2002
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AGREEMENT
CONCERNING PURCHASE OF A PERMANENT SLOPE EASEMENT FOR CERTAIN
72yIMPROVEMENTS TO WELD COUNTY ROAD(WCR)34.5 and WCR 5,BETWEEN MICHAEL
A. AND KATHRYN M. LITZENBERGER AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this Z-Z-- day of 1'yce%,h 1999, by and between Michael
A. Litzenberger and Kathryn M. Litzenberger,whose address is 14661 WCR 5,Longmont, Colorado
80501, 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 WCR 34.5, which is Weld
County Project No. 271, and
WHEREAS, Owners own the property described as follows:
A stip of land located in the Northwest quarter of Section 9, Township 3 North, Range 68
West of the 6th Principle Meridian, being 10.0 feet in width, starting at the east right-of-way line of
WCR 5 and continuing east approximately 960 feet to the common property line that separates the
Owner's parcel and Edward Minch parcel, and paralleling the north line of the right-of-way of WCR
34.5, said property containing 0.22 acres more or less, and
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 WCR 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 WCR 34.5, and
WHEREAS, Owners wish to cooperate with the County in said road improvement project.
NOW THEREFORE, the parties herein agree as follows:
1. Owners agree to convey and County agrees to accept the permanent 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 not
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.
4. County agrees to relocate two existing farm accesses. One such existing access is
located on WCR 34.5, east of WCR 5, which access shall be relocated to another
position on WCR 34.5 to be determined on site by Owner and Weld County
Construction Supervisor. The second existing access is located on WCR 5, north of
WCR. 34.5, which access shall be relocated to another position on WCR 5 to be
determined on site by Owner and Weld County Construction Supervisor.
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5. County agrees to remove the existing concrete ditch along north side of WCR 34.5
at sole cost to the County.
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.
OWNERS:
Michael A. Litzenber er
kfifq
ty
Kathryn M. Litzenberger
ATTEST: N
UNTY OF WELD, a body corporate and
CLERK TO THE BOARD OF , f ' t +: ' tic of the STATE OF COLORADO
COUNTY COMMISSIONER rssf
Deputy Clerk to the Board S� URI, Dale K. Hal?, Chair (03/29/99)
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