HomeMy WebLinkAbout990851 RESOLUTION
RE: APPROVE ACCEPTANCE OF GRANT OF EASEMENT AND AGREEMENT FOR
PURCHASE OF PERMANENT SLOPE EASEMENT AS PART OF CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 35 AND AUTHORIZE CHAIR TO SIGN -
SPILMAN
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
from Lou Elva Spilman, 5099 Weld County Road 35, Fort Lupton, Colorado 80621, for a parcel
of real property described as a strip of land located in the SE 'A of Section 2, Township 1 North,
Range 66 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, the Board has also 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 Lou Elva Spilman, 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 from Lou Elva Spilman be, and hereby is,
accepted.
BE IT FURTHER 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 Lou Elva
Spilman 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.
990851
EG0038
de . �c , Dpi l„-,r (7A
ACCEPTANCE OF GRANT OF EASEMENT AND AGREEMENT FOR PURCHASE OF
PERMANENT SLOPE EASEMENT AS PART OF IMPROVEMENTS TO WCR 35 - SPILMAN
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
i
/ 1 i
COUNTY, COL RADO
ATTEST: „ ► �I� �, %
a% Dale K. Hall, Chair
Weld County Clerk to the r-oa •.
last 1'( 3 -) ,1) i (rli A G'A al - // 4./ . is \-.
L el , , ��� :arbara J. Kirkmeye(Pro-Tem
BY: "...LA Ste/et . 7" _,i
Deputy Clerk to the B , e'er ' /t-J`a
George axter
-
PRO AS TO FORM: /�
Aile
i /,
unty Attorney :'.,ut/ ( '',c 5—'
Glenn Vaad _ -
990851
EG0038
5S!'( AGREEMENT
CONCERNING PURCHASE OF A PERMANENT SLOPE EASEMENT AND OBTAINING
PERMISSION TO SHAPE AND RESEED PROPERTY OWNED BY LOU ELVA SPILMAN
AS PART OF CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD (WCR) 35
THIS AGREEMENT is made this (, day of fit;^< I , 1999, by and between
Lou Elva Spilman, whose address is 5099 Weld County oad 35, Ft. Lupton, Colorado 80621,
hereinafter referred to as"Owner,"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 2, Township 1 North, Range 66 West of the 6th Principle Meridian.
being 30.00 feet in width, starting 205.00 feet from the common property line that separates the
Betty P. and William J. Hake parcel and the Lou Elva Spilman parcel, continuing south
approximately 453.00 feet to the common property line that separates the Philip J. and Bonnie L.
Johnson parcel and the Lou Elva Spilman parcel and paralleling the west line of the right-of-way of
WCR 35, hereinafter referred to as "the Permanent Slope Easement." The Permanent Slope
Easement contains 0.312 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 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. and
William J.Hake parcel and the Lou Elva Spilman parcel, and continuing south approximately 205.00
feet and paralleling the west 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 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 Permanent
Slope Easement and such permission to enter the Reseed Area.
NOW, THEREFORE, the parties herein agree as follows:
1. Owner agrees to sell and County agrees to purchase the Permanent Slope Easement
for the sum of Seven Hundred Eighty Dollars and No/100 ($780.00). This sum is
calculated as $2,500.00 multiplied by 0.312 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 west 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.
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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 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.
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 firth 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.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
,2o c —L c-f -.
Lou Elva Spilmafi
BOARD OF COUNTY COMMISSIONERS
" ' ' in l ", OF WELD COUNTY, STATE OF
ATTEST: __ll`` /h�
CLERK TO THE BOARD sr . ��COLORADO
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licy
BY: , _ / " fr7(..�ABY:
Deputy Clerk to the Boar':>r_; U' '\i, Dale K. Hall, Chairman (04 19t99)
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g39 GRANT OF EASEMENT
THIS EASEMENT, granted this day of .4 7,1;/ , 1999, between Lou Elva
Spilman, whose legal address is 5099 Weld County Road 35, Ft. Lupton, Colorado 80621, 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, does 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 Southeast quarter of Section 2, Township 1 North, Range 66
West of the 6th Principle Meridian, hereinafter referred to as "Easement."
Said Easement is 30.00 feet in width, starting 205.00 feet from the common property line that
separates Betty P. and William J. Hake parcel and Lou Elva Spilman parcel, and continues south
approximately 453.00 feet to the common property line that separates the Philip J. and Bonnie L.
Johnson parcel and the Lou Elva Spilman parcel, and paralleling the west line of the right-of-way
known as "Weld County Road 35." Said Easement contains 0.312 acres, more or less.
Said Easement is for the purpose of providing a four foot shoulder and a 3 to 1 slope to the
'eas,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 Grantor.
Grantee agrees to construct and maintain the Easement granted herein at the sole cost and
expense of the Grantee. The Grantor agrees to 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 (v day of r1-O , ( , 1999.
GRANTOR:
Lou Elva Spilmdn
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
Tie foregoing instrument was acknowledged before me this _ C., day of
.1 .I , 1999 by Lou Elva Spilman, Grantor.
My Commission expires re._t) I`2. , roc, I . Witness my hand and official seal.
1)c IC c;_c z____— —
Notary Public „.....,,,,,
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Suitt Tsukamoto
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 19th day of April , 19 99 .
ATTEST: hyarilki ` /4, /4 COUNTY OF WELD, A BODY
CORPORATE CLERK TO TH B RAlE. ND POLITIC OF THE STATE OF
COUNTY COMMISSIONER E +• ?�''',> , LORADO
THE COUNTY OF WELD lust C
BY:
Deputy Clerk to the Board Dale K. Ha , Chair,
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
(04/19/99)
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 19th_ day of
April , 19 ,by Dale K. Hall,Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness "• • official seal.
• =P JEAN D.
GIWNGHAM, N y Publi
My co' •�.y.( 'b .
My Commission Expires Mardi 26,2002
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