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Home My WebLink About20121122.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR CONSTRUCTION AND REALIGNMENT OF PORTION OF COUNTY ROAD 53 AND GRANT OF POSSESSION AND USE,ACCEPT DEED OF DEDICATION,AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - L.T.J. PARTNERSHIP 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 for Purchase of Right-of-Way for Construction and Realignment of Portion of County Road 53 and Grant of Possession and Use, and a Deed of Dedication 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 L.T.J. Partnership, 2515 Creekwood Drive, Fort Collins, Colorado 80525, with terms and conditions being as stated in said agreement and deed, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said deed of dedication, copies of which are 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 for Purchase of Right-of-Way for Construction and Realignment of Portion of County Road 53 and Grant of Possession and Use, and Deed of Dedication 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 L.T.J. Partnership, be, and hereby are, approved and accepted. 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 30th day of April, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: j Sean P. Conw , Chair Weld County Clerk to the Board ' E 'A% i F' Garci Pro- em • BY: . =.u� d► �. Deputy C ! k to the Boar 1861 bara Kirkmeyer ' A AP ED A M: ;cap An-' David E. Lon County Att rney c� o gla Rademache Date of signature: 5-aA 12 . Vuz-\ 2012-1122 3uk-1'3 EG0066 MEMO RE: WELD COUNTY ROAD 53 IMPROVEMENTS AND ACQUISITION OF PROPERTY This Agreement for property acquisition has to do with the safety improvements on Weld County Road 53. The property was acquired from LTJ Partnership. This matter was discussed at a work session on Monday April 23, 2012. 2012-1122 • AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR CONSTRUCTION AND REALIGNMENT OF PORTION OF WELD COUNTY ROAD 53 AND GRANT OF POSSESSION AND USE THIS AGREEMENT is made this go day of April, 2012, by and between L.T.J. Partnership, a Colorado general partnership, whose address is 2515 Creekwood Drive, Fort Collins, Colorado 80525, hereinafter collectively 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, County finds it necessary to construct and realign Weld County Road County Road 53, (hereinafter referred to as the"Project"), and WHEREAS, Owner owns certain property, which is described in the two pages of Exhibit A, through a legal description of the property and by depiction on a map, (copies of which are attached hereto and made a part hereof by this reference, hereinafter referred to as the "Property", and WHEREAS, County requires the Property in order to complete the Project, and WHEREAS, Owner wishes to sell to County and County wishes to purchase the Property, and WHEREAS, time is of the essence as County has already commenced construction of other areas of Weld County Road 53, and is currently prepared to begin work on the Project on the Property, and WHEREAS, Owner desires to cooperate with County's efforts to proceed with the Project, and is willing to enter in to an Agreement with County for the purpose of both granting County a temporary right to possession and use of the Property and to finalize all terms and conditions of the sale of the Property to County. NOW,THEREFORE, the parties herein agree as follows: 1. In consideration of this irrevocable grant of possession of the Property, and the mutual promises and covenants contained herein, County will tender to Owner the sum of Four Thousand Six Hundred Thirty and no/100 $4630.00) dollars, the total of which is allocated as follows: Page I of 3 Pages 3842571 Pages: 1 of 5 05/02/2012 01 :34 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld IOU1iin . CO liiiKirklid Q/o?- // ,y • Four Thousand Two Hundred Seventy and no/100 Dollars ($4270.00) is allocated to the purchase of the Property, and Three Hundred Sixty Dollars ($360.00) is allocated to the crop damage caused by County's activities on Owner's property. 2. The parties agree that the sum tendered represents the payment of One Hundred percent (100%) of County's value of just compensation owed to Owner. 3. Owner must execute IRS Form W-9, Request to Taxpayer Identification Number and Certification in order to receive County's payment described in Paragraph 1 above. 4. County will reimburse Owner for reasonable attorney's fees in an amount not to exceed One Thousand and no/100 Dollars ($1000.00) which fees are incurred in connection with the negotiations and closing of all matters associated with this transaction. Owner agrees to provide County with a copy of the invoice for such expenses prior to County's obligation to reimburse said expenses. 5. Owner represents that the title to the property is free and clear of all liens and encumbrances and will defend title thereto against all claims. 6. Owner agrees to transfer all of its interest, except the mineral estates under the Property, including oil, gas and any and all water rights, currently attached to or associated with the Property to County by execution of the Deed of Dedication provided by County for this transaction. (A copy of this Deed of Dedication is attached hereto and made a part hereof as "Exhibit B") 7. The Deed of Dedication shall be executed and Owner shall be paid concurrently at a closing, which the parties agree shall take place in approximately two weeks of the execution of this Agreement. 8. Although the Closing shall take place after the parties' execution of this Agreement, Owner agrees that upon its execution of this Agreement, County may immediately take possession of the Property and may enter upon the Property in order to proceed with its road improvements. 9. Owner agrees to pay all property taxes associated with the Property which have accrued to the date of closing. 10. The parties acknowledge that as a part of County's construction of the new segment of Weld County Road on the property acquired as a result of this Agreement, a barrow ditch along the new roadway on the southwest side of Owner's property shall be installed. %2J re New road es. aep -jibe Page 2 of 3 Pages 3842571 Pages: 2 of 5 05/02/2012 01:34 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO VIII h .6FINVl t IktilelitinlYMIril MY HI l 11111 • 11. The Property is part of a larger parcel of real property which totaled one full half section of land prior to the County's acquisition of the Property. Following County's acquisition of the Property, County agrees to continue to recognize the remaining portion of the half section as a full half section, consisting of 320 acres for the purposes of the eligibility of the Partnership Farm for division of the land as an exemption from the definition of"subdivision" or "subdivided land" pursuant to Section 24-8-10 through 24- 8-100 of the Weld County Code (Chapter 24, Article VIII). 12. This Agreement represents the full and final Agreement of the parties. This Agreement has been negotiated in good faith between Owner and County to allow County to acquire the Property, and Owner has been represented by counsel of its choosing. This Agreement embodies all of the agreements between the parties hereto, and the parties agree that there are no other promises, terms, conditions, or obligations referring to the subject matter hereof other than as contained herein. County's ownership rights in and of the Property subject to conveyance under this Agreement, are unlimited except as set forth in the Deed of Dedication; County makes no other promises as to its use of the Property. The parties understand and recognize that the effect of this Agreement is to eliminate the need for County to initiate proceedings in eminent domain. 13. This Agreement must be accepted by the Board of County Commissioner of Weld County, and will not become a final Agreement until formally executed by said Board. Upon Execution by both parties, this Agreement shall be deemed a contract and shall bind the parties and their heirs, executors, administrators, legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have subscribed their names this() day of April, 2012. O ER: ',//2O,61,2) Date .J. Partnership By Janet Blackburn, General Partner ATTEST: ≥ i WELD COUNTY, COLORADO, BY AND $\' l THROUGH THE BOARD OF COUNTY CLERK TO THE BOARD OMMISSIONERS OF WELD COUNTY, tkid TATE OF COLORADO 1%61 a n s '\� p BY Y: Deputy Clerk the Board `• ,1 ' Sean P. Conway, Chairman Page 3 of 3 Pages APR 3 0 2012 3842571 Pages: 3 of 5 05/02/2012 01:34 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO ■III<MYriG'UhG��' '4 i} IiiniqW1 MAI MI N 111111 ,,,v/a-&war EXHIBIT I q EXHIBIT-A -TIN-R6LW PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE—QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 64 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. 1776931 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 64 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID SECTION 8 AS BEARING SOUTH 89'25'41" WEST A DISTANCE OF 2647.12 FEET TO THE NORTH ONE—QUARTER CORNER OF SAID SECTION 8 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'24'06" WEST ALONG THE EAST UNE OF SAID SECTION 8 A DISTANCE OF 40.00 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SECTION LINE SOUTH 00'24'06" WEST A DISTANCE OF 441.09 FEET; THENCE LEAVING SAID EAST SECTION UNE NORTH 89'35'54" WEST TO A POINT ON THE WESTERLY RIGHT—OF—WAY LINE OF WELD COUNTY ROAD 53 A DISTANCE OF 30.00 FEET; THENCE LEAVING SAID RIGHT—OF—WAY LINE 367.70 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT WHOSE RADIUS IS 240.00 FEET, CENTRAL ANGLE IS 87'46'59" AND WHOSE CHORD BEARS NORTH 43'29'31" WEST A DISTANCE OF 332.78 FEET; THENCE NORTH 8720'11" WEST A DISTANCE OF 304.79 FEET; THENCE 211.88 FEET ALONG THE ARC A CURVE TO THE RIGHT WHOSE RADIUS IS 139.00 FEET, CENTRAL ANGLE IS 8720'11" AND WHOSE CHORD BEARS NORTH 4Y40'06" WEST A DISTANCE OF 191.95 FEET; THENCE NORTH 00'00'00' WEST A DISTANCE OF 9.45 FEET; THENCE NORTH 39'42'02" WEST A DISTANCE OF 38.67 FEET; THENCE NORTH 89'25'41" EAST ALONG THE SOUTHERLY RIGHT—OF—WAY LINE OF HIGHWAY 52 A DISTANCE OF 723.88 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 148,820.01 af. OR 3.42 oc. 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 3842571 Pages: 4 of 5 05/02/2012 01:34 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, Co to ICIiyIA/ Kitt WIN III III RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS ACQUISITION 1861 DEPARTMENT WELD COUNTY ROADS 53 L.T. J. PARTNERSHIP RE-ROUTE PROJECT WELD COUNTY ROAD 53 PROJECT: SCALE: WELD COUNTY,COLORADO G 5U N T Y RC-88 { T DATE. DRAWN BY: APRIL 13,2012 DRH SHEET. 1 of 2 EXHIBIT-A E I/2 S8-TIN-R64W • N39'42'0219 ' I 38.67' _ INORTH 1/4 CORNER S8-TIN-R64W R-139.00 I FOUND 2-1/2' L-211.88 NO0'00'001W I AS. STAMPED 4-6720'11' 9.45' I PLSj120134 1998 ChB-N{3'40'OCW ! ChL-191.95 L.T.J. I j PARTNERSHIP TOTAL AREA I i i PARC.#147508000023 148,820.01 9f. OR 3.42 act / i i RECP.#1776931 {+ i / R ! / I iii± 1/tie V i J !I N I /71D' , I 1 / I ! / ; 1 / I / j J/ .Y3` / �• i NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT // iP / Ike I A MONUMENTED LAND SURVEY OR LAND SURVEY I PLAT. IT IS INTENDED TO ILLUSTRATE THE // i ATTACHED PROPERTY DESCRIPTION ONLY. ! // / / / EXISTING 60' j / RIGHT-OF-WAY j R-240.00 / I L-367.70 I A-8746'59' / j ChB-N4329.3110, ) / ' ChL-332.78 J/ j/ EAST 1/4 CORNER / )/ P.O.C. NE CORNER S8-TIN-R849 ,I FOUND 2-1/2' !/ I SB-TIN-R64W FOUND 2-1/2' / I AC. STAMPED A.C. STAMPED ,,.'✓ f PIS/23501 1994 PLS/20134 1998 �A % I a.a 1 •_ N8C35 541W .f I 30.00'30.00' .�" 441.09' • ' 4842.2_0'----_- ,a_ 1 ��../' 500'24'06'W SOO'24'081W P.O.B. RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS ACQUISITION 1861 I DEPARTMENT WELD COUNTY ROADS 53 L.T.J.PARTNERSHIP RE-ROUTE PROJECT WELD COUNTY ROAD 53 PROJECT: SCALE: WELD COUNTY,COLORADO COUNTY i RC-88 1"=100' DATE: APRIL 13,2012 DRAWN BY: DRH SHEET: 2 of 2 3842571 Pages: 5 of 5 05/02/2012 01:34 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder: Weld County, CO ■IIIhill'i fillet 11% lOill'i lfricrivii.NOIliVAIN"1IIII DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT: L T J PARTNERSHIP, a Colorado general partnership, ("Grantor") the address of which is c/o Janet Blackburn, 2515 Creekwood Drive, Fort Collins, Colorado, for and in consideration of the sum of Four Thousand Six Hundred Thirty Dollars ($4,630) in hand paid and other good and valuable consideration the receipt and adequacy of which are hereby confessed and acknowledged does hereby grant, bargain, sell, convey, dedicate and transfer to WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado ("Grantee"), the address of which is 1150 "O" Street, Greeley, CO 80631, all of the real property legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); AND WARRANTS TITLE to the Property free and clear of all liens and encumbrances, subject to claims of parties in possession by easement, right of way or fee title whether by instrument of record or not, including, by example and not limitation, Colorado State Highway 52, Weld County Road 53, and the Henrylyn Canal also known as the Denver-Hudson Canal; EXCEPTING AND RESERVING to the Grantor, its successors and assigns, all minerals and mineral rights, including oil and gas, and all water and water rights appurtenant to or associated with the Property. Dated this ,?bay of April, 2012. L T J PARTNERSHIP, a Colorado general partnership Janet Blackburn, General Partner STATE OF COLORADO ) )ss: COUNTY OF LARIMER ) •The foregoing instrument was acknowledged before me this�O day of April, 2012, by Janet Blackburn, General Partner of L T J PARTNERSHIP, a Colorado general partnership. Witness my hand and official seal. " R I P My Commission Expires: (-9 • ' �P•.. .• 6, I BARBARA K • REED + / 4 . � « • otary Public 3842572 Pages: 1 of 4 . F CO1- 00 05/02/2012 01:34 PM R Fee:$0.00 SIN W.P7� 'nN4�Y Weld 4Y NI 1,4 IN"1 III III 7(7/ 1-//qa ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this,V-aday of April, 2012. ATTEST: -3 WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC OF THE CLERK TO THE BOA iCa TATE OF COLORADO Deput , lerk to t r Sean P. Conway, Chairman It APR 3 0 2012 STATE OF COLORADO ) )ss: COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 0-rt day of April, 2012, by Sean P. Conway, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO. Witness my hand and official seal. My Commission Expires: I C) - - 3 O I Ll yB��c'' C ( 1 f TONYA Notary Pi6lic DISNEY •A. MY C0MM FxP ") r- id 3842572 Pages: 2 of 4 05/02/20ve 12 01'34 01134 PMd Reco de$0 w00d County, CO IINIMIAIVI tit Ghfi!JD IN'1 II III 2 v7D/.12— //Zj • EXHIBIT 4 EXHIBIT-A -TIN-R64W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE—QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 64 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. 1776931 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 64 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID SECTION 8 AS BEARING SOUTH 89'25'41' WEST A DISTANCE OF 2647.12 FEET TO THE NORTH ONE—QUARTER CORNER OF SAID SECTION 8 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'24'06' WEST ALONG THE EAST LINE OF SAID SECTION 8 A DISTANCE OF 40.00 FEET AND BEING THE pow OF BEGINNING. THENCE CONTINUING ALONG SAID SECTION LINE SOUTH 00'24'06' WEST A DISTANCE OF 441.09 FEET; THENCE LEAVING SAID EAST SECTION UNE NORTH 89'35'54' WEST TO A POINT ON THE WESTERLY RIGHT—OF—WAY LINE OF WELD COUNTY ROAD 53 A DISTANCE OF 30.00 FEET; THENCE LEAVING SAID RIGHT—OF—WAY LINE 367.70 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT WHOSE RADIUS IS 240.00 FEET, CENTRAL ANGLE IS 87'46'59' AND WHOSE CHORD BEARS NORTH 43'29'31' WEST A DISTANCE OF 332.78 FEET; THENCE NORTH 8720'11' WEST A DISTANCE OF 304.79 FEET; THENCE 211.88 FEET ALONG THE ARC A CURVE TO THE RIGHT WHOSE RADIUS IS 139.00 FEET, CENTRAL ANGLE IS 8720'11' AND WHOSE CHORD BEARS NORTH 43'40'06' WEST A DISTANCE OF 191.95 FEET; THENCE NORTH 00'00'00' WEST A DISTANCE OF 9.45 FEET; THENCE NORTH 39'42'02' WEST A DISTANCE OF 38.67 FEET; THENCE NORTH 89'25'41' EAST ALONG THE SOUTHERLY RIGHT—OF—WAY LINE OF HIGHWAY 52 A DISTANCE OF 723.88 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 148,820.01 at. OR 3.42 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 3805/02/20124 2572 Pages: 01 34PM R Fee:$0.el Steve Moreno, Clerk and Recorder,1 Weld County CO I1 111WilIlhil+It1'Ilia:UA.10WOWi 1�1 ■�I 111'■ �� RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS ACQUISITION ‘14 1861 DEPARTMENT WELD COUNTY ROADS 53 L.T.J. PARTNERSHIP RE-ROUTE PROJECT WELD COUNTY ROAD 53 PROJECT: SCALE. WELD COUNTY,COLORADO ,G O U N T Z RC-88 DATE APRIL 13,2012 DRAWN BY: DRH SHEET'. 1 of 2 EXHIBIT-A E 1/2 S8-TIN-R64W HN N338.67 Y38.87' NORTH 1/4 CORNER SB-T1N-R8419 R-139.00 FOUND 2-1/2' L-211.88 N00'00'001Y A.C. STAMPED A-87'20'11' 9.45' I PLS/20134 1998 ChB-N43'40'08V - ChL-191.95 I I I 1 L.T.J. PARTNERSHIP TO14TAL iOARREA9r PARC.#147508000023 OR 3.42 act I RECP.#1776931 / I ig i /i IDI ti 1 m i op: I / I i $ : f / I �= a - 1 z I 1 // 1 / CI / u I 1/ I S. � i / / 1 / / I i i , / NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT ' 1 Ii'! I I A MONUMENTED LAND SURVEY OR LAND SURVEY 1 PLAT. IT IS INTENDED TO ILLUSTRATE THE I i ATTACHED PROPERTY DESCRIPTION ONLY. i i i / i / / EXISTING 80' i j / RIGHT-OF-WAYI i R-240.00 L-387.70 / A-87'48'59' L w / I CAL-332.78B-N4Y2 / f P.O.C. NE CORNER EAST 1/4 CORNER / // I 58-TIN-R84W S8-71N-R84W `/ / FOUND 2-1/2' FWNSTAMPD m2• }../. / / I AX. STAMPED PLS/235OI 11924 PLS/20134 1988 ." et / I ! ./ N89'35'54Y1 .. 30.00' /' 441.09' ,_OJI: 1842.20' —_____ -.s•.�„ 500'24'061Y Sp024'OBY/ P.O.B. RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS ACQUISITION 1861 DEPARTMENT WELD COUNTY ROADS 53 L.T. J.PARTNERSHIP RE-ROUTE PROJECT WELD COUNTY ROAD 53 PROJECT: SCALE: WELD COUNTY,COLORADO G O U N T RC-88 1"=100' DATE: APRIL 13,2012 DRAWN BY: DRH SHEET: 2 of 2 3842572 Pages: 4 of 4 05/02/2012 01:34 PM R Fee:$0.00 Steve Moreno., Clerk and Recorder, Weld County, Co IIII P.61116,iVI�71�iK IIII 1I,Pi!RI&Il PA N II II I Hello