HomeMy WebLinkAbout990852 RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF PERMANENT SLOPE EASEMENT AS
PART OF CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 35 AND
AUTHORIZE CHAIR TO SIGN - HAKE
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 for the Purchase of
Permanent Slope Easement and Obtaining Permission to Shape and Reseed Property as Part
of Certain Improvements to Weld County Road 35 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 William and Betty Hake, 5119 Weld County Road 35, Fort
Lupton Colorado, 80621, for property described as a strip of land located in the SWY of
Section 2, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, 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 for the Purchase of a Permanent Slope Easement
and Obtaining Permission to Shape and Reseed Property as Part of Certain Improvements to
Weld County Road 35 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 William and Betty Hake, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
990852
CO �' f l /1-k. EG0038
ACCEPTANCE OF GRANT OF EASEMENT AND AGREEMENT FOR PURCHASE OF
PERMANENT SLOPE EASEMENT AS PART OF IMPROVEMENTS TO WCR 35 - HAKE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of April, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COO ADO
ATTEST:
Dale K. Hall, Chair /
Weld County Clerk to the :+ r�� i
9 '� _ ` arbara J. Kirkmeyer ro-Tem (/
BY:
,y
Deputy Clerk to the Bo t �'� x
eor axter
SOFORM
ey `'7' [
L /g 4,
Glenn Vaad
990852
EG0038
AGREEMENT
g, 10 CONCERNING OBTAINING PERMISSION TO SHAPE AND RESEED PROPERTY
t OWNED BY BETTY P. HAKE AND WILLIAM J. HAKE AS PART OF CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD (WCR) 35
THIS AGREEMENT is made this c j day of , 1999, by and between
Betty P. Hake and William J. Hake, whose address is 51119 Weld County Road 35, Ft. Lupton,
Colorado 80621, 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 35, which
is Weld County Project No. 283; and
WHEREAS, Owners own the property described as follows: A strip of land located in the
Southwest Quarter of Section 2, Township 1 North, Range 66 West of the 6th Principle Meridian,
being 35.00 feet in width, starting at the common property line that separates the Betty P. Hake and
William J. Hake parcel and the Lou Elva Spilman parcel, and continues north approximately 195.00
feet,paralleling the west right-of-way of WCR 35, hereinafter referred to as"the Reseed Area." The
Reseed Area contains 0.157 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 Area for the purpose of shaping and reseeding the
hill to the west 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 permission to
enter.
NOW, THEREFORE, the parties herein agree as follows:
1. Owners hereby permit County to enter, for a period of up to one year from the date
of this Agreement, the above described property for the purpose of shaping and
reseeding with native grasses the hill to the west of WCR 35 for the purpose of
providing a slight snow break for WCR 35.
2. 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.
3. 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.
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
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2690840 04/30/1999 04:28P Wald County CO 990852
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parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
O1,12S:
Betty P. Ha e
/��e.1"
William J. Hake
BOARD OF COUNTY COMMISSIONERS
ATTEST: r��/. � OF WELD COUNTY, STATE OF
CLERK TO THE BOARD $ COLORADO
1891 �4 r�i '+�J
BY: � . e ,', ktnr� BY;7---)79
Deputy Clerk to the 1r:ITP,, Dale K. Hall, Chairm.n @I//9/990
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2690840 04/30/1999 04:28P Weld County CO
2 of 2 R 0.00 D 0.00 JA Sukl Tsukamoto
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