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Home My WebLink About20140677.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT FOR IMPROVEMENTS TO 'M' STREET, 'N' STREET, NORTH 25TH AVENUE COURT AND 26TH AVENUE, AND AUTHORIZE CHAIR TO SIGN - BILLY YBARRA AND RUDY YBARRA 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 or Purchase of Permanent Easement for Improvements to 'M' Street, 'N' Street, North 25th Avenue Court and 26th Avenue, 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 Works, and Billy Ybarra, 52 Reseravoir Road, Holden, Massachusets, 01520, and Rudy Ybarra, 401 Lodge Pole Drive Pagosa Springs, Colorado, 801147, commencing upon execution of signature, with terms and conditions being as stated in said easement, 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 or Purchase of Permanent Easement for Improvements to 'M' Street, 'N' Street, North 25th Avenue Court and 26th Avenue, 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 Works, and Anita and Guadalupe Ybarra be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. U POD 3.3I 2014-0677 EG0070 AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT FOR IMPROVEMENTS - BILLY YBARRA AND RUDY YBARRA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditAmi .Jdeo;‘,k • r7cl , Dougla adem c er, Chair Weld County Clerk to the Board j L arbara Kirkmeyer,T ro-Tem �e".utyClerktotheB.-? ,t /> ,��1 I( :�'. an P. Conway c___________T APPROVED 1-O FORM: � ".2r,, /i-` ` ,� \\r ike Free ounty Attorney illiam F. Garcia Date of signature: s2'c?5-14 2014-0677 EG0070 •-.:. r86r i�� MEMORANDUM TO: Clerk to the Board DATE: March 3, 2014 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Permanent Easement with Billy Ybarra and Rudy Ybarra for improvements to Weld County's M Street, N Street, North 25th Avenue Court, and 26th Avenue. Attached are two signature sheets (Page 4) with original signatures due to the fact that Billy Ybarra and Rudy Ybarra, landowners, live in different states. Please ask Chair to sign both signature sheets. One original Agreement is attached. I I , 2014-0677 J- 5 � `� AGREEMENT FOR THE PURCHASE OF PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY'S M STREET, N STREET, NORTH 25TH AVENUE COURT AND 26TH AVENUE, BETWEEN BILLY YBARRA AND RUDY YBARRA AND WELD COUNTY, COLORADO Lt THIS AGREEMENT is made this S day of/lia4Cit , 201y, by and between Billy Ybarra whose address is 52 Reservoir Road, Holden, Ma 01520 and Rudy Ybarra,whose address is 401 Lodge Pole Drive,Pagosa Springs,Co 81147 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,whose address is 1150"O" Street,Greeley,Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns real property described in the attached Exhibit"A" (hereinafter referred to as "Permanent Easement", and WHEREAS, County finds it necessary to rebuild and improve Weld County's, M Street, N Street, North 25TH Avenue Court and 26TH Avenue, which will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County requires said Permanent Easement for the City of Greeley to construct an underground sewer line manhole which is required in conjunction with the Road Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Permanent Easement,granted to the City of Greeley, shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred and no/100 Dollars,($500.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner warrants that he/she/it is the owner of the Permanent Easement and will defend title thereto against all claims. 3. Owner agrees to grant the Permanent Easement to the City of Greeley (a copy of Agmt for Purchase of Perm&Temp Const Easements-Immed Possession Before Transfer Page 1 4004607 Pages: 1 of 7 03/26/2014 01 :07 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO BOO COI rl'4 ##LW„h L•'i'kY41}, III III do/4.1-0‘o 27 which is attached (Exhibit B) hereto and made a part hereof by this reference), free and clear of all liens and encumbrances, except existing easements. 4. Owner shall not erect or construct,or allow to be erected or constructed,any building or other structures on the property described in Exhibit A which may interfere with the City of Greeley's full enjoyment of the rights hereunder;this Easement includes all rights and privileges as are necessary or incidental to City's reasonable and proper use of said easement. 5. Owner shall retain the mineral estate associated with the Permanent Easement interests, and shall also retain any water rights currently attached to or associated with said Permanent Easement. 6. Owner shall deliver the fully executed Permanent Easement (a copy of which is attached hereto (Exhibit B) and made a part hereof by this reference) for the City of Greeley's sewer line manhole to County at the date of the transfer of title which shall be no later than thirty(30)days following the County's execution of this Agreement. 7. Owner shall pay any encumbrance associated with the Permanent Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes and any past due property taxes, (and interest and penalties thereon), on or before the date of Owner's delivery of the Permanent Easement to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Permanent Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Permanent Easement. 2. County shall pay all fees associated with recording the Permanent Easement. 3. The parties agree that County shall pay Owner for the Permanent Easement by County warrants at the date of the transfer of title. MISCELLANEOUS 1. Although the date of the transfer of the Permanent Easement shall be the date of the transfer of title, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, City of Greeley, its contractors, agents. Agmt for Purchase of Perm&Temp Const Easements-Immed Possession Before Transfer Page 2 4004607 Pages: 2 of 7 03/26/2014 01 :07 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO VIIIN��1R+4�1�� 1*+:Ih h ' R4}�h4�,w'i�hi'II 'i Ili IIII employees and all others deemed necessary by County or City of Greeley shall have the irrevocable right to possess and use said Permanent Easement for the purposes of constructing the Road Improvement Project and the construction of an underground sewer line manhole, and for its daily operation, access and maintenance. This conveyance shall be deemed to include sufficient land for the construction,operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon the Permanent Easement as may be useful and necessary. 2. This Agreement and the transfers of the Permanent Easement are made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs,executors, administrators, successors, and assigns. 3. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 5. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as 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. 6. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 7. 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. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. Agmt for Purchase of Perm&Temp Const Easements-Immed Possession Before Transfer Page 3 4004607 Pages: 3 of 7 03/26/2014 01'.07 PM R Fee $0,00 Steve Moreno, Clerk and Recorder. Weld County. CO III KIM!M 1I4aTi41:i'AtuO,NIVEK+ !i?4h'1t'IiBiiii r IN WITNESS WHEREOF. the parties have set their hands on the day and year first above written. BILLY YBARRA RUDY YBARRA Kfrki orkaY BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: . , , � VG vvvc s WW JCS;; /. Doug! Rademcher, Chair Weld County Clerk to the Board MAR 0 J 2014 BY-Apeet J v-P//-L� Deputy Ch. to the Board. S 1L.a, LI illfr Agmt for Purchase of Perm&Temp Const Easements-Immed Possession Before Transfer Page 4 4004607 Pages: 4 of 7 03/26/2014 01:07 PM R Fee:$0.00 Steve Moreno Clerk and Recorder. Weld County. Co IIII PPM,eCIMIIIII1fl'Ari J lqurie I I LYikyi, II III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. BILLY YBARRA RUDY YBARRA BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglh Rademacher, Chair Sc Weld County Clerk to the Board MAR 0 5 2014 E La BY• Deputy Clerk to the Board 861 D4 j v 17i Rc. Agmt for Purchase of Perm&Temp Const Basements-Immed Possession Before Transfer Page 4 4004607 Pages: 5 of 7 03/26/2014 01:07 PM R Fee:$0.00 Steve Moreno Clerk and Recorder Weld County. CO VIII M��1F'�4aRi;M't"WIN N,'w': :Rti NM 11'Iy}, II III aD/V- Dl 7� 0 l EXHIBIT-A NE 1/4 S36-T6N-R66W PROPERTY DESCRIPTION OF PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND IS A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2461027 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL WHENCE THE NORTHEAST CORNER OF SAID SECTION 36 BEARS SOUTH 89'03'45 EAST A DISTANCE OF 1539.59 FEET; THENCE NORTH 85'25'03" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 15.10 FEET; THENCE NORTH 02'04'53" WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 87'55'07" EAST A DISTANCE OF 15.00 FEET; THENCE SOUTH 02'04'53" EAST TO A POINT ON SAID SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 16.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 238.14 sf. OR MORE OR LESS. THE ABOVE DESCRIPTIONS WERE PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 1 c L3. LEON W. SIEVERS PLS 23520 '" I '2 0t 1 x 4004607 Pages: 6 of 7 03/26/2014 01:07 PM R Fee:$0.00 Steve Morena. Clerk and Recorder. Weld County. CO 10,1i13/4'1 4i II MI PERMANENT SANITARY SEWERS CITY OF GREELEY EASEMENT 18611 -�, SEWER&WATERLINE BILLY RAY YBARRAI IT IMPROVEMENT PROJECT & RUDY YBARRAtele, 4/ PROJECT NO: GR-14 SCALE: 1" 0' 1524 N. 25th AVE. _L GO _U h T WELD COUNTY DATE: 1-13-14 DRAWN Et:JHB SHEET: 1 oft s EXHIBIT-A NE I/4 S36-T6N-R66W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED I LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. M I z- o y V - N87'55'07"E o:_ 15.00' N �36 2 o PERMANENT 0 reLy v S SAN. SEWER m No w va P In EASEMENT -4 a o v LLo 0 238.14 sf.t " rya m Fr— In 15.10' amm--. N85'25'03"K/ o �� - m ry DETAIL :y mN£� -NTS- 23520 to ,l- . I 1 , If \'_. I �` :' R m N� Y//J�.R 0 Ce eN BILLY RAY YBARRA & RUDY YBARRA NE CORNER PERMANENT RECEP.#3953311 536—T6N—R66W SAN. SEWER FND. 2-1/2" ALUM. CAP EASEMENT STAMPED POWERS ELEV. 238.14 sf.t LS#19585 — 1993 TIE TO CORNER S89'03'45"E ✓t 1539.59' F R - c> w h r„ N N z Z PERMANENT SANITARY SEWER �� CITY OF GREELEY EASEMENT , `�86� SEWER& WATERLINE IMPROVEMENT PROJECT BILLY RAY YBARRA = � & RUDY YBARRA / PROJECT NO OR-14 SCALE r'=aa 1524 N. 25th AVE. G 0-D N T Y z WELD COUNTY 1 DATE: 1-13-14 DRAWN BY: JHR SHEET: 2 of2 Hello