HomeMy WebLinkAbout950648.tiffAGREEMENT FOR GRANT OF EASEMEN1ll
Sr
DEC 1994
THIS AGREEMENT is made and entered into this 10th day December, 1994, by and
between William H. Peltier, whose address is 3333 E. Florida Avenue, #28, Denver, Colorado
80210, hereinafter referred to as "Peltier," and the County of Weld, a body corporate and politic
of the State of Colorado, by and through the Board of County Commissioners of Weld County,
whose office address is 915 10th Street, Greeley, Colorado 80634, hereinafter referred to as
"Count
y."
WITNESSETH:
WHEREAS, County intends to purchase a certain parcel in the Northeast Quarter (NE4)
of Section 1, Township 1 North, Range 68 West of the 6th Principle Meridian, County of Weld,
State of Colorado, for the purpose of housing a County grader shed and a household hazardous
waste deposit facility (reserving unto County the right to alter or change said purpose as it sees
fit), and
WHEREAS, said parcel is located to the south of and abuts Colorado State Highway 52,
and
WHEREAS, County desires to access said parcel from State Highway 52; however, the
State of Colorado has informed the County that it cannot create a new access from State
Highway 52 onto said parcel, but, rather, must access said parcel by utilizing an existing access
on real property owned by Peltier, and
WHEREAS, to use Peltier's existing access, County will be required to enter onto and
cross said property owned by Peltier, and
WHEREAS, County now desires to purchase from Peltier an easement across and over
said property owned by Peltier so as to access the parcel which County intends to purchase in
said Section 1, Township 1 North, Range 68 West of the 6th Principle Meridian, County of
Weld, State of Colorado.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Peltier shall, on the date of the signing of this Agreement, execute and thereby convey to
County an easement over and across the property described in the attached Exhibit "A".
Said easement shall be for the purpose of vehicular access by employees of County and
by the public (which may be limited and controlled at any time by County) to property
which County intends to purchase and which is described in the attached Exhibit "B".
The easement shall be for the benefit of and appurtenant to the property described in
Page 1 of 2
950648
Exhibit B, and shall be permanent in nature.
2. In consideration of the granting of said easement by Peltier, County agrees:
a. To pay to Peltier the sum of $125.
b. To erect a metal gate at or about the intersection of the easement and the right-of-
way line of State Highway 52. Said metal gate shall include a lock and Peltier
shall be given a key or combination to open said lock. Said metal gate shall be
maintained by County at its own expense.
c. Maintain said easement. The term "maintenance" as used herein shall include
and be limited to blading and the application of gravel so as to keep said easement
in a smooth, passable condition. County may, at its option, pave said easement in
lieu of the maintenance described herein.
3. This Agreement shall not merge with said easement once it is executed and all of the
terms and conditions contained herein shall continue in full force and effect
notwithstanding the execution of said easement.
Signed this 10th day of December, 1994.
SUBSCRIBED AND SWORN to before me this
be/t-- , 19 a q.
WITNESS my hand and official seal.
My CortfNsslon Expires Oct 12, 1997
2696 So. Colorado Blvd.
Deena, Colorado 80222
My commission expires:
William H. Peltier
(0 day of
Notary P
ATTEST: COUNTY OF WELD, a body corporate
and politic of the STATE OF COLORADO
Clerk to the Board of
County Commissioners
By:
BY:
Page 2 of 2
William H. Webster, Chairman
Board of County Commissioners of
Weld County, Colorado
950639
EXHIBIT "A"
That part of the Northeast Quarter (NE4) of Section 1, Township 1 North, Range 68 West
of the 6th Principle Meridian, County of Weld, State of Colorado, being described as follows:
Commencing at the North Quarter Corner (N1/4 Cor.) of said Section 1; thence South along
the West line of theNortheast Quarter (NE4) of said Section 1 to its intersection with the
South Right -of -Way line of State Highway 52, being the TRUE POINT OF BEGINNING;
thence South 89 52' 00" East 40.00 feet; thence South 00 06' 46" West 125.00 feet; thence
North 89 52' 00" West 40.00 feet; thence North 00 06' 46" East 125.00 feet, to the TRUE
POINT OF BEGINNING.
950649
EASEMENT
THIS EASEMENT is granted this% B day of December, 1994, by William H. Peltier, whose legal address
is 3333 E. Florida Avenue, # 28, Denver, Colorado 80210 of the City and County of Denver, State of
Colorado, the Grantor, to the County of Weld, a body corporate and politic of the State of Colorado, whose
legal address is 915 Tenth Street, Greeley, Colorado 80631, the Grantee.
WITNESSETH, that the Grantor, for and in consideration of the sum of One Hundred Twenty -Five (125)
and no/100 dollars, in hand paid by the Grantor to the Grantee, and in consideration of all other consideration
described in the Agreement between the Grantor and the Grantee of even date herewith, the receipt and
sufficiency of said consideration being hereby acknowledged, does grant, bargain, sell, and convey to the
Grantee an easement, over and across the parcel of real property described in the attached Exhibit "A", for
the purpose of vehicular access by employees of the Grantee and by the public (which may be limited and
controlled at any time by the Grantee) to property described in the attached Exhibit "B".
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 in the attached Exhibit "B".
This Easement is permanent. Maintenance of said easement shall be by Grantee according to the terms
and conditions set forth in the Agreement between the Grantor and the Grantee of even date herewith.
WGelire-sr7 ✓�_G�G�'
William H. Peltier, Grantor
STATE OF COLORADO)
1 ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ID day of December, 1994, by William H. Peltier.
My Commission expires MY COrmfSSlon Dares Cavil2ejefAZ hand and officials-2596WCrorido eat
L� y
Denver, Colorado 80172 •
Notary P
ATTEST:
Clerk to the Board of County Commissioners
BY:
Deputy Clerk to the Board
COUNTY OF WELD, a body corporate and
politic of the STATE OF COLORADO, Grantee
BY:
William H. Webster, Chairman
Board of County Commissioners of Weld
County, Colorado
STATE OF COLORADO)
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of December, 1994, by William H. Webster, Chairman, Board
of County Commissioners of Weld County, Colorado.
My Commission expires , 19 . Witness my hand and official seal.
Notary Public
Name and Address at Person Creating Newly
Created Legal Description if 38-35-106.5. C.R.s.l: Bruce T. Barker, Weld County Attorney, 915 Tenth Street, Greeley, CO 80631
950819
EXHIBIT "A"
That part of the Northeast Quarter (NE4) of Section 1, Township 1 North, Range 68 West
of the 6th Principle Meridian, County of Weld, State of Colorado, being described as follows:
Commencing at the North Quarter Corner (N1/4 Cor.) of said Section 1; thence South along
the West line of theNortheast Quarter (NE4) of said Section 1 to its intersection with the
South Right -of -Way line of State Highway 52, being the TRUE POINT OF BEGINNING;
thence South 89 52' 00" East 40.00 feet; thence South 00 06' 46" West 125.00 feet; thence
North 89 52' 00" West 40.00 feet; thence North 00 06' 46" East 125.00 feet, to the TRUE
POINT OF BEGINNING.
950649
EXHIBIT "B"
A parcel of land situate in the Northeast Quarter of Section 1, Township 1 North, Range 68 West of the 6th
P.M., County of Weld, State of Colorado, known as 'Lot "A"' of Recorded Exemption # 1656 and being more
particularly described as follows:
Considering the North line of said Northeast Quarter as bearing South 89°51'00" East and with all
bearings contained herein relative thereto:
Commencing at the North Quarter Corner of said Section 1; thence along said North line of the
Northeast Quarter, South 89°51'00" East 40.00 feet; thence along a line that is 40.00 feet East,
measured at right angles, and parallel to the West line of said Northeast Quarter, South 00°06'46"
West 163.21 feet to a point on the South right-of-way of Colorado State Highway 52, said point
also being the FRUE POINT OF BEGINNING of this description; thence along said South right-
of-way of Colorado State Highway 52 the following two (2) courses and distances: (1) North
45°07'26" East 138.28 feet; (2) South 89°52'00" East 270.26 feet; thence South 00°06'46" West
368.06 feet; thence North 89°52'00" West 368.06 feet to a point on a line that is 40.00 feet East,
measured at right angles, to the West line of said Northeast Quarter; thence along a line that is
40.00 feet East, measured at right angles, and parallel to the said West line, North 00°06'46" East
270.26 feet to the FRUE POINT OF BEGINNING. The above described parcel contains 3.0 acres
and is subject to all rights -of -way, easements, and restrictions now in use or on record.
930648
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