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Home My WebLink About20161660.tiff RESOLUTION RE: APPROVE 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 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 County Attorney's Office, and VIMA Partners, LLC, commencing upon full execution of signatures and 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 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 County Attorney's Office, 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 25th day of May, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �rwxtn, • c. ks Mike Freeman, Chair Weld County Clerk to the Board f /) ';�C� SeanP Conway Pro-Tem/. BY: /( (/C (� �/� uty Clerk to the Board - 1d fit' ( ((( Julie A. Cozad APPR0V?D AS M: EXCUSED Barbara Kirkmeyer ounty Attorney ( 4 Moreno g C& flh 1fo � IUi Date of signature: %Judi r !! I CC'. CG.CSB) 2016-1660 1 /8/ 169 CA0015 ACCESS EASEMENT AGREEMENT THIS ACCESS ;A EMENT AGREEMENT(hereinafter referred to as "Agreement") is made this 1.11 day of , 2016, by and between WELD COUNTY, COLORADO, by and through the Board of unty Commissioners of Weld County, hereinafter referred to as "Grantor," and VIMA PARTNERS, LLC, hereinafter referred to as "Grantee." WTTNESSETH: WHEREAS, Grantor is the owner of the property described in the attached Exhibit"A," being hereinafter referred to as the "County Property," and WI IEREAS, Grantee is the owner of the property described in the attached Exhibit "B," 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 (1/2 Interest) and Deborah Jean Robbins Living Trust ('/z 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 WI IEREAS, through this Agreement, Grantor agrees to provide such access easement to Grantee, pursuant to the terms set forth herein. 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 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 casement 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 4207112 Pages: 1 of 5 05/27/2016 11:51 AM R Fee:$0.00 1 n Carly Koppes, Clerk and Recorder, Weld County. CO (O l ■IIIM��1R14h'r 11��,1i} h+}:PY,ilFLi�ik1A�' R.:il ) II III 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 Agreement entitled to the issuance of such Access Permit. b. The building of a road and street on the County Access Easement which tics 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 Agreement. 6. 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 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 casements, restrictions, benefits and obligations set forth in this Agreement shall create easements, restrictions, benefits and servitudes upon the County property, running with the land, which shall be perpetual. 9. 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 County Property and the Vima Property, their successors and assigns. 10. This Agreement shall be binding upon Grantee and Grantor, their successor and assigns. 4207112 Pages: 2 of 5 05/27/2016 11:51 RM R Fee:$0.00 2 Carly Koppes. Clerk and Recorder. Weld County. CO 11111 11. Grantor shall cause, at its sole cost and expense, this Agreement to be recorded in the Office of the Weld County Clerk and Recorder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above. GRANTOR: ATTEST: d, J BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: i - �I�sii; ;� : .� li g Deputy Cle to the Bo �! t ike Freeman, Chair 1161 =hO �GRANTEE: r VIMA PARTNERS, LLC By: By. a Lind, Manager orate Secret State of Colorado ) ) ss County of Weld ) SUBSCRIBED and SWORN to before thisaDikday of_Age.A *P , by Martin Lind, Manager. WITNESS my hand and official seal. .�p oe Li) TINY . Notary Public NEWMAN My Commission Expires: T11AL) i i au(D MY COMMISSIO N EXPIRES: July 7,2016 4207112 Pages: 3 of 5 05/27/2016 11 :51 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO �IIIM��M�4R'1'�I�C'It't:f�4�N ''P'.hIL4;1��+'V 'hYl4F II III 3 02 CI)G - /GGa EXHIBIT "A" A parcel described as follows: TIIE NORTIIWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6'" 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 IIAVING 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 TIIE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 61" P.M., COUNTY OF WELD, STATE OF COLORADO. 4207112 Pages: 4 of 5 05/27/2016 11:51 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII MlFALPRa. Ikik HE, NI III 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 TIIE 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. 4207112 Pages: 5 of 5 05/27/2016 11 :51 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO IIIII FMK 11.1V9, WHOA/16,4" 11 III RE: ACCESS EASEMENT AGREEMENT -VIMA PARTNERS, LLC ATTEST: �•TC isidAAA BOARD OF COUNTY COMMISSIONERS Weld C f/nty Clerk to the Board WELD_ COUNTY, COLORADO BY: d ( n toG— Deputy Cle c to a Boa Mike Freeman, Chair MAY 2 5 2016 APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Jaid2e4yalktivs Controller Elected Official r D APPROVED AS TO FORM: Ell.." 1i IA`erector of General Services I Cou y rttorne 1 � ��;`'fir Hello