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Home My WebLink About981000.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF A TEMPORARY SLOPE EASEMENT AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY ROAD 27 AND HIGHWAY 34 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 Purchase of a Temporary Slope 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 Elmer Lundvall, P.O. Box 632, Greeley, Colorado 80632, 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 Purchase of a Temporary Slope 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 Elmer Lundvall be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of June, A.D., 1998, nunc pro tunc June 3, 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ► rh'!1T`'� r �!,4f Constance L. Harbert!, Chair Weld County CI-r to . - A;'.�d L '� ;861 'am 1 � '`��►� W. H. ebster, Pro-T 1 B y: gal? .. m' Deputy Clerk � `- N�' afro �� org E. Baxter APP AS ORM: talw FK Hall my tt rney EXCUSED Barbara J. Kirkmeyer 981000 EG0037 c1; ,,61/14 i; // AGREEMENT CONCERNING PURCHASE OF A TEMPORARY SLOPE EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD(WCR)27,A.K.A. 83RD AVENUE,BETWEEN ELMER LUNDVALL AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 4� of �.dayu, ... , 1998 by and between Elmer Lundvall, whose address is P.O. Box 632, Greeley, CO 80632, 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 27 (83rd Avenue.), which is Weld County Project No. , and WHEREAS, Owner own the property described in the attached Exhibit"A", and WHEREAS, County needs the Temporary Slope Easement in order to complete said rebuilding and improvement project, and WHEREAS, Owner wish to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Temporary Slope Easement shown and/or described on Exhibit"A", attached hereto and hereinafter referred to herein as the"Property" for the sum of Three hundred and eight dollars and no/100 ($308). 2. Owner agrees to grant the Property to County by Temporary Slope Easement, free and clear of all encumbrances. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 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. Page 1 of 2 1111111 "III 111111 III 11111111 11111 11111 III 11111 l I I I I"I 2620057 06/17/1998 10:06A Weld County CO ��v�a 1 of 4 R 0.00 D 0.00 JA Suki Tsukamoto 5. Although the date of the transfer of the Easement shall be the date of the delivery of the Temporary Slope Easement, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Property for the purpose of constructing,widening, and improvement of a portion of said Weld County Road 27 (83rd Avenue). This Temporary Slope Easement will expire one year from the date of execution. 6. Owner warrants that he/she is the owner of the Property and will defend title thereto against all claims. 7. County agrees to reconstruct at its original location any existing fence disturbed as a result of the construction contemplated herein and shall reseed the area disturbed for the temporary slope. 8. Other: 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. O • Elmer Lun all Tax ID #(if applicable): ATTEST: �� BOARD OF COUNTY COMMISSIONERS ' • OF WELD COUNTY, STATE OF �, J COLORADO CLERK TO 11 Ave . COUNTY ►►M ':3 � „44117 BY: .‘‘_",I ;;;4 .;�f BY Deputy Clew�rl " Constance L. Harbert, Chair (06/08/9 8) m:wpfiles\dons\lundagre.wpd 1111111 "III IIIIII III 11111111 IIIII IIIII III lllll lilt I'll 2620057 06/17/1998 10:06A Weld County CO 2 of 4 R 0.00 D 0.00 JA Suki Tsukamoto 9g/ 000 EXHIBIT "A" EASEMENT NO. 2 U.S. HWY. 34 AND 83RD AVE. DATE: MAY 6, 1998 EASEMENT DESCRIPTION AN EASEMENT LOCATED IN THE SE 1/4 AND TMERIDIAN4 OFI SWELDON COl8,UNTY,TOWNSHIP COLORADO, RTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE NE 1/4 OF SAID SECTION 18; THENCE EC559°46'26"W • A DISTANCE OF 34.46 FEET (10.504 METERS) TO A POINT AT TH TION OF THE SOUTHERLY RIGHT-OF-WAY OF U.S.' HIGHWAY 34 AS TDESCRIBED WESTERLY RECEPTION •OF 1510646 OF THE WELD COUNTY, COLORADO RECORDS AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S 0 0°4 4'3 8"E ALONG SA30.00 WESTERLYD E METERS) OF WESTERLY OFAND SAID RIGHT-OF-WAY BEING PARALLEL WITH THE EAST LINE OF SAID SE 1/4 SECTION 18, A DISTANCE OF 140.00 FEET (42.672 METERS) ; THENCE DEPARTING FROM SAID 20.59 (IDWESTERLY 6I HT METERS) ; OF 83RD AVENUE N67°40 25 W A DISTANCE OF THENCE N21°05'39"W A DISTANCE OF 169.92 FEET (51.791 METERS) ; THENCE N07°27'05"W A DISTANCE HT-OF-WAY OF U.S.FEET (38.122 HIGHWAY 3 METERS) TO A POINT ON SAID SOUTHERLY 4; THENCE S56°32'14"E ALONG SAID SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 27.93 FEET THENCE S28°3 8'56"E ALONG SAID SOUTHERLY RIGHT-OF-WAY OF U.S. IIGHWAY 34 A DISTANCE OF 127.62 FEET (38.899 METERS) ; THENCE S23°45'19"E ALONG SAID SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 25.11 FEET (7.653 METERS) TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 12,540 SQUARE FEET (1165.0 SQUARE METERS) OR 0.288 ACRE, MORE OR LESS. THE PURPOSE OF THE ABOVE DESCRIBED EASEMENT IS FOR ROAD CONSTRUCTION. BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE DEAST L NE 1/4 SECTIONOF SAID 18 S ASECTION 18 BEARING NOO°46'14"W. THE SE CORNER OF 2" ALUMINUM CAP, PLS 26298 AND THE NE CORNER OF SAID NE 1/4 SECTION 18 IS A 2-1/2" ALUMINUM CAP IN MONUMENT "*R �28656. 40;0? e 4_ A PREPARED BY: f PO DIANE M. KELLY' PI5 2 - 14 INVERNESS D � ENGLEWOOD, CO 8 % ;i7tf '"Pat LAO i oie SHEET 1 OF 2 a_ I 111111 IIIII III III III IIIIIIII 11111 IIIII III 11111 liii IIII 2620057 06/17/1998 10:06A Weld County CO /�Uv 3 of 4 R 0.00 0 0.00 JA Suki Tsukamoto 2 1/2'ALUMINUM Po� LU`r BOX CAP I'NPLS ON NNO.26656' G �7� \ Ar T------; sa,,is 0 NE1/4 N v ti NW1/4 SEC 17 SEC 18 o _ T5N R66W y cq T5N R66W FP �CA C� r C Q P� '1 cp o if o �o ��y �l POINT OF �, COMMENCEMENT ,40 �J PGA 3 1/2'AL.UMINUM �io CAP -PLS NO. 26298' L N89°07'191' 17 NORTH UNE SW 1/4 SEC 17 NORTH LINE SE 1/4 SEC 18 S23'45'19"E .' 50krf 25.11[7.653MJ k6•'� k. POINT OF BEGINNING I\ W ��NE C*Icj Li R� G eto v..3 4 \V k,A Q.,., ' v‘) o0 0 I-. cs {° 3 IA o k SWI/4 ' ,‘, T5N R66W SE1/4 • 30' 30' `�t ` a,�� SEC 18 :F� • J� T5N R66W V Ra40 4.. TRANSITION °�/ i L V' .. ,c vs AREA N67'40'25'W ' 20.59[6.276W ACT:CRmEY BYPASS EXHIBIT: EASEMENT 2 40 20 0 40 80 JOB NO: 1410 KELLY SURVEYING ASSOCIATES, INC. ' -emommommimi DATE 04/14/98 14 INVERNESS DRIVE EAST Immimil mmommoimima ,_ BLDG H SUITE 144 1"=40' � BY: cAM ..nne=— ENGLEWOOQ, COLORADO 80112 FAX (303)7901829 Illl 1 IIII IIIIII III IIIIIIII 1 II'I IIIII III IIIII IIII IIi1792_5257 2620057 06/17/1998 10:06A Weld County CO l w� 4 of 4 R 0.00 D 0.00 JA Suki Tsukamoto qg (0' sb TEMPORARY SLOPE EASEMENT THIS TEMPORARY EASEMENT, granted this S day of , 1998, between Elmer Lundvall, Owner whose legal address is P.O. Box 632, Greeley, Colorado 80632, the 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, the 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 a temporary 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: The real property described in the attached Exhibit "A". This Temporary Easement is for the purpose of back sloping the hill to the west of Weld County Road 27, (83rd Ave.) so that snow will not drift and collect on the road surface and maintenance of the said area for the benefit of and appurtenant to that land, or any part thereof, situated in the County of Weld and State of Colorado, described as the right-of-way known as "Weld County Road 27, (83rd Ave..) which Grantee owns and has an obligation to maintain. This Easement is temporary and shall become effective upon signature of the Grantor and terminate one year thereafter and will allow the County to back slope the hill and reseed the area. The Grantee agrees to repair and maintain the temporary easement granted herein at the sole cost and expense of the Grantee, and that said Grantee will no way hinder or prevent the proper and reasonable use and enjoyment of the property through which the temporary easement is granted. Signed and delivered the 3 day of ;�,��,� , 1998. OWNER Elmer Lu vall STATE OF COLORADO ) ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of by Elmer Lundvall, Owner. r�' �'�; ••� © � �- `a` My Commission expires t-j / ,+9. r . Witness my hand and official se . 0 I ' . • t:\ O � . 141k: . .....'Aeti Notary Public m:\\p,PTr..., r,, o!a'3 I 111111 11111 111111 III 11111111 11111 11111 III 11111 1111 liii 2620058 06/17/1998 10:07A Weld County CO 1 of 4 R 0.00 D 0.00 JA Suki Tsukamoto ' i o O 0 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 8th day of June , 19 98 . i ATTEST: I. , r ( 44.,4,-4► COUNTY OF WELD, A BODY CORPORATE CLE' 'v 1,;i, :_ w�'` OF AND POLITIC OF THE STATE OF COUNTY COMMIS ' 0 ' ' COLORADO THE COUNTY OF' EBY: Z- /t#A. -4' I - A BY:2 Deputy Clerk to th-4'. '4 Constance L Harbert, Chair, (0 6/08/9 8) BOARD COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 19 , by Constance L. Harbert, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Public My commission expires: m:\wpfiles\dons\accept.for 1111111 11111 111111 III 11111111 11111 11111 III 11111 liii I"I 2620058 06/17/1998 10:07A Weld County CO 2 of 4 R 0.00 D 0.00 JA Suk i Tsukamoto �g./aUe) EXHIBIT "A" EASEMENT NO. 2 II.S. HWY. 34 AND 83RD AVE. DATE: MAY 6, 1998 EASEMENT DESCRIPTION AN EASEMENT LOCATED IN THE SE 1/4 AND THE NE 1/4 OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN, IN WELD COUNTY, COLORADO, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE NE 1/4 OF SAID SECTION 18; THENCE S59°46'26"W • A DISTANCE OF 34.46 FEET (10.504 METERS) TO A POINT AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF U.S; HIGHWAY 34 AS DESCRIBED IN RECEPTION NO. 1510646 OF THE WELD COUNTY, COLORADO RECORDS AND THE WESTERLY RIGHT-OF-WAY •OF 83RD " AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S00°44'38"E ALONG SAID WESTERLY RIGHT-OF-WAY OF 83RD AVENUE, SAID RIGHT-OF-WAY BEING 30.00 FEET (9.144 METERS) WESTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID SE 1/4 SECTION 18, A DISTANCE OF 140.00 FEET (42.672 METERS) ; THENCE DEPARTING FROM SAID WESTERLY RIGHT-OF-WAY OF 83RD AVENUE N67°40'25"W A DISTANCE OF 20.59 FEET (6.276 METERS) ; THENCE N21°05'39"W A DISTANCE OF 169.92 FEET (51.791 METERS) ; THENCE N07°27'05"W A DISTANCE OF 125.07 FEET (38.122 METERS) TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34; THENCE S56°32'14"E ALONG SAID SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 27.93 FEET (8.513 METERS) ; THENCE S28°38'56"E ALONG SAID SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 127.62 FEET (38.899 ME'1'I(S) ; THENCE S23°45'19"E ALONG SAID SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 25.11 FEET (7.653 METERS) TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 12,540 SQUARE FEET (1165.0 SQUARE METERS) OR 0.288 ACRE, MORE OR LESS. THE PURPOSE OF THE ABOVE DESCRIBED EASEMENT IS FOR ROAD CONSTRUCTION. BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE EAST LINE OF SAID NE 1/4 SECTION 18 BEARING NO0°46'14"W. THE SE CORNER OF SAID NE 1/4 SECTION 18 IS A 3-1/2" ALUMINUM CAP, PLS 26298 AND THE NE CORNER OF SAID NE 1/4 SECTION 18 IS A 2-1/2" ALUMINUM CAP IN MONUMENT "'P . 28656. ie.IA M• ){' fi *::\ PREPARED BY: I ;0 .5`e"7 ".. DIANE M. KELLY PIS 2 � • 14 INVERNESS D �' it. 1,0 ENGLEWOOD, CO 8 r•` +s,/yli '4 • / ter . briotonsiO' SHEET 1 OF 2 11111111111111111111111111111111111111111111111 liii liii 2620058 06/17/1998 10:07A Weld County CO � 1 a�� 3 of 4 R 0.00 D 0.00 JA Suki Tsukamoto L#.L J.Li•L•LL•v R(---"‘ ::* cOG 04 Li 0-P� O N W n tr ei?' � 0 SW1/4 .c SEC 17 SEI/4 _ •h T5N R66W ,P' SEC 18 ,-30' — — 3O' -' J�0 T5N R66W 'af% �. i a ROAD • (1,-' /TiON t AREA E`�j 2 1/2'ALUMINUM ��G ti0 BOX IN MONUMENT 656" \�� 'fir s � s 19%. 3?� NI% f,.'-i �`�� W ai 0 NEI/4 SA NW1/4 SEC 18 v o al SEC 17 T5N R66W N N-4 N al T5N R66W v N cA FPS` N 94C COaz c 4 1 t tO V CO co #0 V s�� 16 POINT OF v _60 G� co COMMENCEMENT P 3 1/2'ALUMINUM V �ait CAP "PLS NO. 26298' V N89.07'19' ' 18 17 NORTH LINE SW 1/4 SEC 17 ��NORTH LINE SE 1/4 SEC 18 S23'45'19'E 'SO��' 25.11'[Z653MJ �`1G' A:46 POINT OF BEGINNING N vLu ENCT CO J og cs oo SHr1/4 4'� R; SEC 17 SE1/4 ,�o. _ 30. _ �:,� - T5N R66W #04 T5N R66W ads. �• 4 ROAD 4`-: IS5 SEC 18 TRANSITION °� 1. t AREA 1 i ' rr r rr r' .:r _ frr N67'40'25"W ' rr 20.59'[6.276MJ r PROJECT:car BYPASSEXHIBIT: EASEMENT 2 40 20 0 40 80 Jos NO: 1410 KELLY SURVEYING ASSOCIATES, INC. DATE 04/14/98 0/X- 14 INVERNESS DRIVE EAST BLDG H SUITE 144 PRFPARFT1 ram" 1"=40' —. - -WOOD, COLORADO 80112 111111 Ilill IIIIII III IIII IIII IIIII IIIII III HIII IIII IIII )2-5257 FAX (303)790-1829 2620058 06/17/1998 10:07A Weld County CO qgi000 4 of 4 R 0.00 D 0.00 JA Suki Tsukamoto Pitt# 1417:11' lunge, MEMORANDUM COLORADO TO: Clerk to the Board DATE: June 3, 1998 FROM: Don Somer, Utility/Right-of-Way Agent SUBJECT: Agenda Item , 1-1-; - (...) • Please place the following item on the Board's next agenda: 83rd Avenue and U.S. 34 Bypass Temporary Slope Easement Agreement The appropriate documentation is attached. m:wpfiles\engineer\agendal / 00() Hello