HomeMy WebLinkAbout20195053.tiffRESOLUTION
RE: APPROVE CORRECTED ACCESS EASEMENT AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - VIMA PARTNERS, LLC
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 a Corrected Access Easement
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and VIMA Partners, LLC, commencing upon full execution of
signatures, with further 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 Corrected Access Easement Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and VIMA
Partners, LLC, 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 11th day of December, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifieti jC.l1D;t1
Weld County Clerk to the Board
oun y A orney
Date of signature: 12-40
aarbara Kirkmeyer,, Chair
EXCUSED
Mike Freeman, Pro -Tern
Sean . Conway
Steve Moreno
cc. Cac3a', ("co( EAICF-A)
01/23 /2o
2019-5053
CA0016
CORRECTED ACCESS EASEMENT AGREEMENT
(This Corrected Access Easement Agreement is for the purpose of correcting
references to the property descriptions in Exhibits "A" and "B.")
THIS CORRECTED ACCESS A§EMEN • GRE MENT (hereinafter referred to as
"Corrected Agreement") is made this day oft , 2019, by and between WELD
COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County,
hereinafter referred to as "Grantor," and VIMA PARTNERS, LLC, hereinafter referred to as
"Grantee."
WITNESSETH:
WHEREAS, Grantor is the owner of the property described in the attached Exhibit "B,"
being hereinafter referred to as the "County Property," and
WHEREAS, Grantee is the owner of the property described in the attached Exhibit "A,"
being hereinafter referred to as the "Vima Property," and
WHEREAS, Grantee has entered into an Access Easement Agreement, recorded at
Reception Number 4114156 in the Office of the Weld County Clerk and Recorder, wherein
Grantee was granted an access easement across property described therein and owned by Dennis
J. Robbins Living Trust ('/2 Interest) and Deborah Jean Robbins Living Trust ('/2 Interest), with
said Access Easement Agreement being hereinafter referred to as the "Robbins Access
Easement," and
WHEREAS, Grantee is now in need of obtaining from Grantor a residential access
easement across the County Property to tie into the Robbins Access Easement so as to provide
access to and from Weld County Road ("WCR") 60, and
WHEREAS, through this Corrected Agreement, Grantor agrees to provide such access
easement to Grantee ("County Access Easement"), pursuant to the terms set forth herein, and
WHEREAS, the parties hereto originally entered into the Access Easement Agreement
recorded on May 27, 2016, in the Office of the Weld County Clerk and Recorder at Reception
Number 4207112, and
WHEREAS, subsequent to May 27, 2016, the parties determined that the exhibits
containing the property descriptions in the Access Easement Agreement were mistakenly
reversed, such that the references therein to properties owned by Grantor and Grantee were
incorrect, and
WHEREAS, the parties now enter into this Corrected Access Easement Agreement to
correct such references, and
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Carly Koppes, Clerk and Recorder, Weld County, CO
iii In+tY'MBirNIO'I11N IJ ter Waif lkif II II
2019-5053
WHEREAS, the parties agree that since May 27, 2016, Grantee has properly accessed the
Vima Property utilizing the County Access Easement granted in the Access Easement
Agreement, even though the references to the property descriptions in Exhibits "A" and "B"
were mistakenly reversed.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) in
hand paid by Grantee to Grantor, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto do hereby agree and covenant
as follows:
1. Grantor does hereby grant, sell, convey, assign and set over to Grantee, its successors
or assigns, an irrevocable residential access easement appurtenant, running with the
land and binding and inuring to the benefit of the parties to this Corrected Agreement,
their successors or assigns, for the purpose of ingress and egress to the Vima
Property, for the present and future owners and the customers, employees, guests,
invitees, and suppliers of Grantee across the County Property to access the Vima
Property, such easement to tie into the Robbins Access Easement so as to provide
access to and from WCR 60. The access easement granted herein is hereinafter
referred to as the "County Access Easement."
2. Grantor shall bear full responsibility for the use and enjoyment of the County Access
Easement and shall hold Grantor Harmless from any claim of damages to person or
premises resulting from the use, occupancy, or possession thereof by Grantee and
Grantee's customers, employees, guests, invitees, and suppliers, and subsequent
owner(s) of the Vima Property.
3. Grantee, on behalf of itself and subsequent owner(s) of the Vima Property, agrees to
maintain the County Property and the County Access Easement in an adequate state
of cleanliness and repair at the cost and expense of the Grantee and subsequent
owner(s) of the Vima Property.
4. Grantee shall be solely responsible, at its cost and expense, for the following:
a. The acquisition of a residential Access Permit from Weld County to provide
access to and from WCR 60. Grantee is not by virtue of the execution of this
Corrected Agreement entitled to the issuance of such Access Permit.
b. The building of a road and street on the County Access Easement which ties into
the Robbins Access Easement and to the County permitted residential access onto
WCR 60.
5. Grantee shall indemnify and hold harmless Grantor from any and all liability, costs or
expenses incurred as a result of Grantee's use and maintenance of the County Access
Easement and maintenance of the County Property as allowed or required pursuant to
the terms of this Corrected Agreement.
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Carly Koppes, Clerk and Recorder, Weld County, CO
ii INctft1IMI , III 11111
6. Any breach of this Corrected Agreement shall give rise to the non -breaching party's
right to bring an action against the breaching party for injunctive or other equitable
relief and/or damages. In the event of such action, the prevailing party shall be
entitled to recover its reasonable attorney's fees from the other party.
7. Grantee, on behalf of itself and subsequent owner(s) of the Vima Property, agrees and
acknowledges that the County Property, appears to have been acquired as part of the
roadway for WCR 60. As such, it may be vacated by Grantor pursuant to the
procedures set forth in C.R.S. §§43-2-301 to 43-2-303.
8. The easements, restrictions, benefits and obligations set forth in this Corrected
Agreement shall create easements, restrictions, benefits and servitudes upon the
County property, running with the land, which shall be perpetual.
9. This Corrected Agreement shall create privity of contact and estate with and among
the parties hereto and all grantees of all or any part of the County Property and the
Vima Property, their successors and assigns.
10. This Corrected Agreement shall be binding upon Grantee and Grantor, their successor
and assigns.
11. Grantor shall cause, at its sole cost and expense, this Corrected Agreement to be
recorded in the Office of the Weld County Clerk and Recorder.
IN WITNESS WHEREOF, the parties hereto have executed this Corrected Agreement on
the date set forth above.
GRANTOR:
ATTEST: dj„aileu to;1. BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By
Deputy rk to the B Barbara Kirkmeyey, Chair
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Carly Koppes, Clerk and Recorder, Weld County, CO
Mildriarglein
04 0/9 -,553
GRANTEE:
VIMA PARTNERS, LLC
By:
Mart rl n•, Manager
B
rporate Sec
State of l olor. do )
) ss
County of Weld )
SUBSCRIBED and SWORN to before this 1-�— day of
Martin Lind, Manager.
WITNESS my hand and official seal.
My Commission Expires:
a - 0 -a2ozI
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Carly Koppes, Clerk and Recorder, Weld County, CO
Notary Public
, by
ROBIN D WEIS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19934005646
MY COMMISSION EXPIRES FEB 04, 2021
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VIII MiR'IOIWIAZI1 II1/40H0 *WA MAIN, iI II
CORRECTED ACCESS EASEMENT AGREEMENT
APPROVED AS TO SUBSTANCE:
E acted Official or Depas"'fr men -lead
APPROVED AS TO FINDING:
do
APPROVED AS TO FORM:
County Attorney
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Carly Koppes, Clerk and Recorder, Weld County, Co
11111
EXHIBIT "A"
A parcel described as follows:
THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY,
COLORADO TOGETHER WITH A STRIP OF LAND 50 FEET IN WIDTH EXTENDING
ALONG THE ENTIRE SOUTH SIDE OF SAID DESCRIBED TRACT, SAID PARCELS
HAVING BEEN HERETOFORE CONVEYED BY DEED RECORDED IN BOOK 194 AT
PAGE 377 AND IN BOOK 655 AT PAGE 283, WELD COUNTY RECORDS, SAID PARCEL
ALSO DESCRIBED AS: A TRACT OF LAND 258.71 FEET NORTH AND SOUTH BY
208.71 FEET EAST AND WEST, BEING THE NORTHWEST CORNER OF THE
NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 5 NORTH, RANGE 67 WEST OF
THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
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Carly Koppes, Clerk and Recorder, Weld County, CO
llliiir i1biat R riid��r R'M1�iIR BIM
EXHIBIT "B"
A parcel described as follows:
COMMENCING AT A POINT EIGHTY FIVE FEET NORTH OF THE SOUTH WEST
CORNER OF THE SOUTH WEST QUARTER OF SECTION FIVE (5) TOWNSHIP FIVE (5)
NORTH OF RANGE SIXTY-SEVEN (67) WEST OF THE SIXTH P.M. AND RUNNING IN A
SOUTH EASTERLY DIRECTION TO A POINT FIVE HUNDRED AND SIXTEEN FEET
(516) EAST OF THE SAID SECTION CORNER, BEING A TRIANGULAR PIECE OF
GROUND CONTAINING SIXTY-FIVE ONE HUNDREDTH OF AN ACRE, MORE OR
LESS.
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Carly Koppes, Clerk and Recorder, Weld County, CO
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