HomeMy WebLinkAbout20172763.tiffRESOLUTION
RE: APPROVE ACCESS EASEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
HOWARD AND ROBERTA FOSTER
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 Access Easement Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Safety Communications,
and Howard and Roberta Foster, 62695 County Road 105, Grover, Colorado 80729, 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 Access Easement Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Safety Communications, and Howard and Roberta Foster 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 9th day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: itIL) v• 41 'tdk-
Weld County Clerk to the Board
BY:
APPR
ounty Attorney
Date of signature: gl231 f
cc,cn cmw,)
a/wl/(7
u ie A. Cozad, Chair
Steve Moreno, Pro-Tem
SeanT. Conway
arbara Kirkmeyer
2017-2763
CM0025
/ZY /33a.
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Fleet Replacement (Old Radios)
DEPARTMENT: Communications- Public Safety Wireless
PERSON REQUESTING: Michael R Wallace
DATE: 08/01/2017
Brief description of the problem/issue:
After numerous months working with Frank and Bruce in legal and the property sellers attached are the
purchase agreements for the Grover & Timnath tower property. Also attached is the Access Easement
agreement allowing access to the said Grover property.
Review of Purchase agreements for Grover Tower Property and the Timnath Tower Property
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Approve Purchase Agreement
Deny Purchase Agreement
Recommendation:
Approve Purchase Agreement
Julie Cozad, Chair
Mike Freeman
Sean P. Conway
Barbara Kirkmeyer
Steve Moreno
Approve
Recunendation
Schedule
W ork St. sion Other/Comments:
2017-2763
ACCESS f A:SEMME N 1 A R1'f LIENT
I IfIS ACCESS EASEMENT C \GRI :I .ill .` .1, ('�crcinafter referred to as "Agreement") is
made this �41.- day of C t 2.017. by and between HOWARD A. FOSTER and
R.OB R I \ A 1- S 1 I I . h ?:> address is ()2095 \k'C'R 105, Grilver, CO 80729, hereinafter
referred to as "Grantors,'" and \\ El 1) C'(1[ "N FY. COLORADO, by and through the Board of
Counts Commissioners of Weld County, whose address is P.O. Box 758, 1 150 O Street, Greeley.
(-.{) 80632, hereinafter referred to as "Cirar.,,ee."
W IT'N ISS CTI-{
WHEREAS, Grantors is the owner of the property described as the N\ 4 of Section 22,
Township H North, Range 60 \test of the 61h P.M., Weld County, Colorado, being hereinafter
referred to as the "Foster Property." and
W1 {IRE:AS. Grantee is the ?weer of the property described as Lot A of RE -4715 in
on 21, Township 11 North. Range 60 West at the 6' P.I., Weld County, Colorado, being
.after referred to as the "County/ I''roperty.," and
WHEREAS, Grantee plans to demolish a current communications tower and build a new
communications tower on County Property, and
\1'I IEREAS, Grantee is nou in aced of obtaining from Grantors an easement on a tu-o-
track roadextending east and west across the Foster Property, to provide access to the County
Property from Feld County Rood i"WCR"i 105, and
WHEREAS. through this agreement, Grantors agrees to provide such access easement to
Grantee, pursuant to the terms set forth herein.
Now, TETIF RI'.FC)Rl'. for and in consideration of the sum <af Ten Dollars ( S10.00). in
aid by Grantee to Grantors, and for other good and valuable consideration, the receipt and
neb of which are n. acknowledged, the parties hereto do hereby agree and covenant
it's:
ocs do hereb
-onvcy, assign and set over to Grantee an irrevocable
cement, apptirtei�ant t1? and running With the land and binding and inuring to
eat, their successors or assigns, tar ingress
my Property on a two -track road extending ;east and west across
r Property from Weld County Road (;.WCR") 105. The access easement
in is hereinafter referred to as the "County :Access Easement,"
The (totals Access
shall be used by Grantee give construction and
rf':1inl,e!1dnee Lre',vs t' eels to it communications 'over located on the (' 'utl(y
Property. Grantee intends to demolish the c1.tn'cut tower located on the Count`
Proiver£.y and build a newt 1wer n .ts { ia.e. After eonstruetiun of t;".e tt Wk r traffic or.
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Carly Koppes, Clerk and Recorder, Weld County, CO
���� RIFAXIV«L' ! I Wr 1 "III
the County Access Easement shall be limited to occasional maintenance or placement
of communications equipment on the tower.
3. Grantee agrees to maintain the County Access Easement in an adequate state of
cleanliness and repair at the cost and expense of the Grantee.
4. Any breach of this 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 beentitled to
recover its reasonable attorney's fees from the other party.
5. The easements, restrictions, benefits and obligations set forth in this Agreement shall
create easements, restrictions, benefits and servitudes upon the Foster Property,
running with the land, which shall be perpetual.
6. This Agreement shall create privity of contact and estate with and among the parties
hereto and all grantees of all or any part of the Foster Property and the County
Property, their successors and assigns.
7. This Agreement shall be binding upon Grantee and Grantors, their successor and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
set forth above.
GRANTOR:
1
Howard A. Foster
State of Colorado )
) ss
County of Weld )
ACKNOWLEDGED before me this `-"k"`' day of lU
Foster, Grantor.
WITNESS my hand and official seal.
My Commission • Expires
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arly Koppes, Clerk and Recorder, Weld County, CO
IIII MPNI G WIIII L'KIIINI MINI 11111
an
2
by Howard A.
I2
Notary Public
SARAH 1 COVEROAL
rotiN I Y
ARAMIF
MY COMMISSION eXPIR
NOi714 PUFSIIC
STATE OF
WYOMING
GRANTOR.
Roberta /') Foster
State of Colorado )
)ss
County of Weld )
ACKNOWLEDGED before me this ._tl day of
Foster, Grantor.
WITNESS my hand and official seal.
My Commission Expires:
GRANTEE:
ATTEST:
Weld Co
214 ?..Q)! !
diriteu .sch0;‘,i
Clerk to the Board
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Carly KopPes, Clerk and Recorder, Weld County, CO
1111
, by Roberta Ar
SARAH) COVERDALE NOTARY PUBLIC
COUNTY OF ki.'1 % STATE OF
LARAMIE 4 WYOMING
1YCOMMISSIONcXP!RE5]2-: LJ
M
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
3
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