Loading...
HomeMy WebLinkAbout20133344.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PIPELINE RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROADS 42 AND 29 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - TERRY AND JANICE WIEDEMAN 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 Concerning the Purchase of Pipeline Right -of -Way for Certain Improvements to County Roads 42 and 29 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 Terry and Janice Wiedeman, 13434 CR 42, Platteville, Colorado 80651, 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 Concerning the Purchase of Pipeline Right -of -Way for Certain Improvements to County Roads 42 and 29 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 Terry and Janice Wiedeman be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD ' ,NTY, COLORADO ATTEST:,,AQsAN.,-92�JG._ Weld County Clerk to the Board Date of signature: DEC 1 9 2013 iam F. Garcia, Chair /Barbara Kirkmeyer Cc.Pu° to -a92- \b 2013-3344 EG0068 Y MEMORANDUM TO: Clerk to the Board DATE: December 2, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Pipeline Right -of -Way for Certain Improvements to WCRs 42 & 29 with Terry L. and Janice L. Wiedeman. M:\Frencie\AGENDA memos\Agendel.eon-I.docx 2013-3344 MEMORANDUM Ent COLORADO TO: Rafaela Martinez, Clerk to the Board DATE: August 13, 2014 FROM: Francie Collins, Public Works SUBJECT: Item for Recording RE: Doc #: 2013-3344 -- Item for recording. Enclosed is one original Exhibit B for Easement and Right of Way Agreement signed by the landowners, Terry L. and Janice L. Wiedeman, for your records. cc: Leon Sievers, ROW Agent M1Francie\AGENDA memosUtemForRecording.docx AGREEMENT FOR THE PURCHASE OF PIPELINE RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 42 AND 29. BETWEEN TERRY L. AND JANICE L. WIEDEMAN AND WELD COUNTY COLORADO THIS AGREEMENT is made this el day of De en bp(, 2013, by and between Terry L. and Janice L. Wiedeman whose address is 13434 WCR 42, Platteville, Colorado 80651, 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 "Pipeline Right -of -Way", and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 42 and 29, which will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County must acquire said Pipeline Right -of -Way on behalf of a third party (Central Weld County Water District, hereinafter referred to as "District"), in order to allow said third party to relocate its facilities thereby allowing County to complete said 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 to District and County agrees to pay for the Pipeline Right -of - Way Grant, as 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 Eight Hundred and no/100 Dollars, ($800.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner warrants that she is the Owner of the area described in Exhibit A and will defend title thereto against all claims. 3. Owner agrees to grant the Pipeline Right -of -Way Grant to District by execution of a Pipeline Right -of -Way Grant (a copy of which is attached hereto and made a part hereof as Exhibit B), free and clear of all liens and encumbrances, except existing easements. Agmt for Purchase of Perm Easement-Immed Possession Before Transfer Page 1 ax3. 33 yy COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. The parties agree that County shall, on behalf of District, pay Owner for the Pipeline Right -of -Way by County warrant at the date of the transfer of title. MISCELLANEOUS: Although the date of the transfer of the Pipeline Right -of -Way 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 and/or District, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Permanent Easement for the purposes of relocating District's pipeline and constructing the Road Improvement Project, 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 Pipeline Right -of -Way as may be useful and necessary. 2. This Agreement and the transfer of the Pipeline Right -of -Way made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and District 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 District, 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 Agmt for Purchase of Perm Easement-Immed Possession Before Transfer Page 2 3-. i.9 s: 2 1 13/2'" 3 10. 2 R R -e:$'" '0 Ste.e Moren. Cle and ' ecor.er, W- • Coun ' C ���� X11 r j�;l�tlEl �,• r III • • 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Terry Wiedeman By: Title: Owner ATTEST: Weld County Clerk to the Board BY: Deputy Clerto the Board Janice Wiedeman to le: Owner BOARD OF COUNTY COMMISSIONERS WELD COUMTi COLORADO William F. Garcia, Chair DEC 0 9 2013 Agmt for Purchase of Perm Easement-Immed Possession Before Transfer Page 3 39 :69 P_c : 3 12/ 3 1 to ao/J- .53'/7 EXHIBIT -A PARCEL PE -4 NW I/4 528-T4N-R66W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2244037 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING NORTH 89'08'38" EAST A DISTANCE OF 1315.18 FEET TO THE WEST ONE -SIXTEENTH CORNER OF SECTION 28. TOWNSHIP 4 NORTH, RANGE 66 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'08'38" EAST ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER A DISTANCE OF 106.00 FEET; THENCE DEPARTING SAID LINE SOUTH 00'51'22" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'08'38" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 55.67 FEET; THENCE SOUTH 67'36'59" WEST A DISTANCE OF 122.43 FEET; THENCE NORTH 89'45'58" WEST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29 A DISTANCE OF 18.32 FEET; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00'26'40" WEST A DISTANCE OF 20.53 FEET; THENCE NORTH 71'40'07" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 80.09 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,454.26 sf. OR 0.06 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 WATERLINE EASEMENT FOR NORTH WELD COUNTY WATER DISTRICT TERRY & JANICE WIEDEMAN 13434 WCR 42 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 42 AT WCR 29 INTERSECTION PROJECT PROJECT NO: BR -91 SCALE: DATE: 11-7-12 DRAWN BY: MB SHEET: 1 of3 • PARCEL TE-4 EXHIBIT -A NW 1/4 528-T4N-R66W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2244037 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING NORTH 89'08'38" EAST A DISTANCE OF 1315.18 FEET TO THE WEST ONE -SIXTEENTH CORNER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 66 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'08'38" FAST ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER A DISTANCE OF 106.00 FEET; THENCE DEPARTING SAID LINE SOUTH 00'51'22" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 30.00 FEET: THENCE NORTH 89'08'38" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 55.67 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 89'08'38" EAST A DISTANCE OF 95.38 FEET; THENCE SOUTH 67'36'59" WEST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29 A DISTANCE OF 245.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00'26'40" WEST A DISTANCE OF 45.33 FEET; THENCE SOUTH 89'45'58" EAST A DISTANCE OF 18.32 FEET; THENCE NORTH 67'36'59" EAST A TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 122.43 FEET AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,845.23 sf. OR 0.16 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. \\'.tli' Jilt/ . `OPGt?. RE 6‘1- 23520 LEON W. SIEVERS sof� t PLS 23520 8 9 . / 1 a or Wel o NI y f t LAND 5 S e ore C an f CO II 1 I+i ii I {µr �rnnulr; ` TEMPORARY EASEMENT FOR NORTH WELD COUNTY WATER DISTRICT TERRY & JANICE WIEDEMAN 13434 WCR 42 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 42 AT WCR 29 INTERSECTION PROJECT PROJECT NO: BR -91 SCALE: DATE: 11-7-12 DRAWN BY: 3HB, SHEET: 2 of 3 PARCEL PE -4 8 TE-4 EXHIBIT -A NW I/4 S28-T4N-R66W POC NW CORNER S28-T4N-R66W 2 1/2" A.C. STAMPED 1995 ALLES LS#9644 IN MON. BOX -0 0 N O O to Co L to N 60 00' WCR42 106.00' POB, PE -4 WATERLINE EASEMENT 2,454.26 sf. OR 0.06 ac. EXISTING 60' RIGHT—OF—WAY RD.BK.2/PG.259 APR. 7, 1879 E 1/4 CORNER S29 T4N R66W EXISTING 60' RIGHT-OF-WAY RD.BK.2/PG.259 APR. 7, 1879— W 1/16 CORNER S28-T4N-R66W- 3 1/4" A.C. STAMPED 2000 McRAE & SHORT LS#7242 IN MON. BOX 0 0 0 CD S00'51'22"E POB 30.00' TE-4 L1C N89'08'38"E BASIS OF BEARINGS TEMPORARY WATERLINE EASEMENT 6,845.23 sf. OR 0.16 ac. TERRY & JANICE WIEDEMAN RECP.#2244037 \\\\"PAS I LINE TABLE LINE BEARING DISTANCE LI N89'OS'38"E 55.67' L2 S67'36'59"W 122.43' L3 N89'45'58"W 18.32' L4 N00'26'40"W 20.53' L5 N71'40'07"E 80.09' L6 N89'08'38"E 95.38' L7 $67'36'59"W 245.00' L8 NO0'26'40"W 45.33' �• FA C �/ W. 23520 �• t:---P%.►I I3 tT Jipy q( LAND S� NOTE: THIS EXHIBIT MAP DOES NO] REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WATERLINE EASEMENT & TEMPORARY EASEMENT FOR NORTH WELD COUNTY WATER DISTRICT TERRY & JANICE WIEDEMAN 13434 WCR 42 9 - 869 v✓EL.li COUNTY, COL ,13 ste III we 6if WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 42 AT WCR 29 INTERSECTION PROJECT PROJECT NO, BR -91 SCALE: 1"=50' )RAWN BY: :MB SHEET: 3 of 3 EXHIBIT B EASEMENT AND RIGHT OF WAY AGREEMENT This Easement and Right of Way Agreement, made and entered into as of the Z/ day of 7-11`3"*"-- , 20 13 by and between Terry L Wiedeman and Janice L. Wiedeman whose address is 13434 WCR , Platteville, Colorado 80651 hereinafter called "Grantor" (whether grammatically singular or plural), and the CENTRAL WELD COUNTY WATER DISTRICT, a quasi -municipal corporation, 2235 2nd Avenue, Greeley, Colorado 80631, hereinafter called the "District." For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, sells, conveys and transfers to the District, its successors and assigns, the permanent right to enter, re-enter, occupy and use the hereinafter described property to construct, reconstruct, inspect, upgrade, increase line size or capacity, operate, repair, maintain, replace, remove and operate one or more lines for the transmission, distribution and service of water, and all underground and service appurtenances thereto, including metering stations, vaults, enclosures, identification signs and other fixtures, over, across, under and upon the following described land, situate in the County of Weld, State of Colorado, to -wit: A 25' feet wide permanent, non-exclusive, private utility easement on, over and across a portion of the NW '/ of Section 28, Township 4 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described more fully in the attached Exhibit A AND ALSO; A 35' feet wide temporary construction easement adjacent to and parallel with the above described permanent utility easement; said temporary construction easement being located along the boundary line of said permanent utility easement, see attached Exhibit A. Said temporary construction easement shall be null and void not later than six months after the date of this agreement. County Recorded Book Section Township Page The Easement and right of way shall be 25' feet wide, see attached Exhibit A Reception Number _ Range Grantor further grants to the District: (a) The right of ingress to and egress from the strip over and across the land by means of roads and lanes thereon, if such exists, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor, provided that such right of ingress and egress shall not extend to any portion of the land which is isolated from the strip by any public road or highway now crossing or hereafter crossing the land; provided, further, that if any portion of the land is or shall be subdivided and dedicated roads or highways on such portion shall extend to the strip, the right of ingress and egress on the portion shall be confined to such dedicated roads and highways; (b) The right of using such roads on and across the lands as the District may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; (c) The right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; (d) The right to mark the location of the strip by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip; (e) All other rights necessary and incident to the full and complete use and enjoyment of the right-of-way and easement for the purpose herein granted. GRANTOR HEREBY COVENANTS AND AGREES: (a) That Grantor shall not erect or place any permanent building, structure, improvement, fence or tree on the described easement, and the District shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. (b) Grantor shall not diminish the ground cover over the water lines and shall not substantially add to the ground cover over the water lines or their appurtenances. Page 1 of 2 4039091 Pages: 7 of 8 08/18/2014 03:59 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO friar i+ a w 11111 2013 - 33'44 EG mug EASEMENT AND RIGHT OF WAY AGREEMENT By and Between the District and: Terry and Janice Wiedeman (c) Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over said property without the written consent of the District. (d) Grantor warrants that Grantor is the owner in fee of the above -described lands and will defend the title thereto against all claims, and that said lands are free and clear and clear of encumbrances and liens of whatsoever character, except the following: THE DISTRICT HEREBY COVENANTS AND AGREES: (a) The District shall not fence or otherwise enclose the strip, except during periods of construction and repair. (b) That all trenches and excavations made in the laying or repairing of such pipeline shall be properly backfilled and as much of the original surface soil as possible shall be placed on top. All large gravel, stones and clods will be removed from the finished backfill. The District will finish the backfill after normal settling of the soil so that the use and enjoyment of said land by Grantor shall be suitable for the purpose now used. The District will maintain the trench area and buried water pipeline during installation, reinstallation and maintenance of said water line; (c) In the event that the above -described lands are being used for grazing purposes, the District agrees that during the period of construction of the pipeline hereunder, or any subsequent altering, removing or replacing of said pipeline, it will leave or arrange for reasonable crossing over said right-of-way strip for the cattle and livestock of Grantor and his tenants and lessee. Further whenever it becomes necessary for the District ,its agents or contractors to cut a fence on the above -described lands, the District agrees, at its option, either to keep the gap closed or guard it in such a manner so as to prevent the entrance and exit of cattle or other livestock through such gap or to construct at such place or places substantial gates with dual locks and to furnish Grantor with one set of keys thereto. Before any such fence is cut by the District, the same shall be braced in order to prevent slackening of the wires along with fence in each direction from the District's temporary gap. (d) In the event the above -described lands are being used for the growing of a crop which requires irrigation at the time the pipeline is constructed hereunder, the District agrees, unless otherwise provided for, to install and operate flumes or appropriate crossing devices across the right-of-way at all times during such construction operations. The District &tiler agrees, unless otherwise provided for not to block dam or obstruct in any manner in a irrigation canal, drainage ditches, creeks located on said land, and also agrees to replace or repair any levees or banks disturbed or damaged by the District's operations on said lands. (e) The District shall be liable to the extent allowed by law for loss and damage which shall be caused by any wrongful exercise of the rights of ingress and egress or by wrongful or negligent act or omission of or of its agents or employees in the course of their employees in the course of their employment. IT IS MUTUALLY AGREED BY THE PARTIES: (a) Grantor reserves all oil, gas and other minerals in, on and under the above -described lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the District. (b) Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor this dartday of tJo en,bjr—, 2013 STATE OF COLORADO ) ss. COUNTY OF W ) The foregoing instrument was acknowledged before me this 2. ( day of kate 4/4444101 9 r„4.14- att.e-gicLetrwl by My Commission expires: f) maven -i1 Notary Pu lic STATE of COLORADO NOTARY ID 19924008827 �ISSI0PN EXPIRES 8 Page 2 of 2 4039091 Pages: 8 of 8 08/18/2014 03:59 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO VIII POrritiC M%'1i' kl1/4k"AMU&Yb'�FL��YI �I III as Grantor. 0 l3 zol3- 334} Hello