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Home My WebLink About20090475.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 29 (71ST AVENUE) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LOWELL-PAUL DAIRY, INC. 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 Right -of -Way for Certain Improvements to County Road 29 (71st 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 Lowell -Paul Dairy, Inc., 1121 47th Avenue, Greeley, Colorado 80634, 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 Right -of -Way for Certain Improvements to County Road 29 (71st 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 Lowell -Paul Dairy, Inc., 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 23rd day of February, A.D., 2009. ATTEST: ''A' ��% Weld County Clerk to the BY� Deputy Cle k1 rail ( to the Board APPROVED AS TO F iunfy rrrey C Date of signature ��'� BOARD OF COUY COMMISSIONERS WELD CRUNT LORADO illiam F. Garcia, Chair D.ugla. Rademach Pro-Tem f — I. rb ra Kirkmeyer David E. Long I � : Pk),ft, /7 2009-0475 EG0060 3/,x(O7 11 WVc. COLORADO MEMORANDUM TO: Clerk to the Board DATE: February 17, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to WCR 29 (71st Avenue) with Lowell -Paul Dairy, Inc. One original of each is attached. Enclosures M VFrantic\Agend-Leon-dot 2009-0475 270 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 29 (71St AVENUE) BETWEEN LOWELL-PAUL DAIRY, INC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 23 day of rd ruing , 2009, by and between Lowell - Paul Dairy, LLC., whose address is 1121 47th Avenue, Greeley, Colorado 80634, 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 915 10th Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 29 (71st Avenue), and WHEREAS, Owner owns the property described in the attached Exhibit "A", hereinafter referred to collectively as "Right -of -Way", and WHEREAS, County needs the Right -of -Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and asphalt paving of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Right -of -Way shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right -of -Way" for the sum of Five Hundred and no/100 ($500.00) dollars. This consideration is being offered in lieu of condemnation 2. Owner agrees to grant the Right -of -Way to County by Deed of Dedication, free and clear of all encumbrances, except existing easements. Owner shall retain the mineral estate under the Right of Way, including oil and gas, and shall also retain any water rights currently attached or associated with the Right of Way. Page I of 3 Pages INV Hill 1111 111111 11111 111111 111 11111 1111 III! 3612270 03/23/2009 04:31P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder .&A92 -c yes 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than 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, hereto. 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. 5. Although the date of the transfer of the Right -of -Way shall be the date of the delivery of the documents of conveyance, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right -of -Way for the purpose of said rebuilding and improvement project. Date ofpayment of compensation is the date of delivery of the Deed of Dedication. 6. Owner warrants that he/she is the owner of the Right -of -Way and will defend title thereto against all claims. 7. Owner represents and warrants that all prior general taxes levied have been paid in full by Owner. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER. 111111111111111111111111111111111111111IIIHEM Jill 3612270 03/23/2009 04:31P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder LOW -PAUL DAIRY, INC David Paul, Presiflent Page 2 of 3 Pages ATTEST: Weld County Clerk to the Boa By:�_ /AM Pr Detiuy Cleto the Board ARID OF COUNTY COMMISSIONERS WELD COUNTY, STATE OF ORADO BY: William F. Garcia, Chairman 02/23/2009 1111111 11111 111111 1111111111 11111 111111 111 11111 11111111 3612270 03/23/2009 04:31P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 3 of 3 Pages :2ccc- C'/7` EXHIBIT -A NW 1/4 S33-T6N-R66W LEGAL DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST ONE -QUARTER SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462 AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION AS BEARING NORTH 88'39'24" EAST A DISTANCE OF 1326.77 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 33 BEING A 3 1/4" ALUMINUM CAP STAMPED FREESE ENGR. LS#4392. THENCE NORTH 88'39'24" EAST A DISTANCE OF 49.52 FEET ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33; THENCE DEPARTING SAID NORTH LINE SOUTH 01'20'36" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 64 ALSO BEING THE POINT OF BEGINNING: THENCE NORTH 88'39'24" EAST A DISTANCE OF 27.13 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE DEPARTING SAID LINE SOUTH 44'06'59" WEST A DISTANCE OF 38.67 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29; THENCE NORTH 00'25'25" WEST A DISTANCE OF 27.13 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 367.9 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON W. SIEVERS PLS 23520 0111 IIIIlt//f \\OQPD0 RE A 23520 �: . g•• �'G-0 ; ,1 °g aNq RIGHT-OF-WAY ACQUISITION LOWELL-PAUL DAIRY 14332 WELD COUNTY ROAD 64 GREELEY, COLORADO 1111111 11111 111111 1111111111 11111 111111II1111111111111 3612270 03/23/2009 04:31P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ‘&#tr, COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT: RC -40 SCALE; DATE: SEP. 4, 2008 DRAWN BY: JHB SHEET: 1 of 2 frA)f COLORADO MEMORANDUM TO: Clerk to the Board DATE: May 15, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Deed of Dedication for improvements to WCR 29/71s` Avenue with Lowell -Paul Dairy, Inc. (reference to doc #2009-0475, Agreement for Purchase of ROW) Enclosures M.\Frande\Agend-Leon doc CCY1Witt I4cy'i re4 C I3G(3O(-U �+ 6 06. O( o7 dun- cif -15 5j DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Lowell -Paul Dairy, Inc., whose address is 1121 47th Avenue, Greeley, Colorado, 80634, being all of the owners of certain property in Weld County, Colorado, which is described in the attached exhibit "A", do hereby dedicate forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2- 201(1)(a), free and clear of all liens and encumbrances, except existing easements, and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil, gas and any and all water rights currently attached or associated with the Right of Way. OWNER: Lo ell -Paul Dairy, Inc. David Paul, President STATE OF COLORADO ) ) ss. COUNTY OF ttiJG0 12 ) The foregoing instrument was acknowledged before me this GSA' day of fu.# , 2001, by Lowell -Paul Dairy, Inc, by David Paul, President. Witness my hand and official seal. fi Notary Public My commission expires: c.) s-ip 6 -0 7 f LEON W SIEVERS 0 NOTARY PUBLIC $ STA' OF C0L0RA04 ri graOtYA'SC ..,::',7,9,1".•,,, 400.4041004 Page 1 of 2 pages 11111 111111 111111 Ell 11111111111III 11111 IIII IIII 3625564 05/27/2009 01:15P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 20th day of May ATTEST: /' )'''" CLERK TO THE BOARD COUNTY COMMISSION THE COUNTY OF WEL BY: Deputy Cler o the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) ,20 09 COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: William F. Garcia, hair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD MAY 2 0 2009 The foregoing instrument was acknowledged before me this 20th day of May 20 09 , by William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: Notary Public Page 2 of 2 page My Commission Ezpxes 11 2009 111111 11111 111111 111111 IIII 111111 11111 III 11111 IIII IIII 3625564 05/27/2009 01:15P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT -A NW 1/4 S33-T6N-R66W LEGAL DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST ONE -QUARTER SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462 AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION AS BEARING NORTH 88'39'24" EAST A DISTANCE OF 1326.77 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 33 BEING A 3 1/4" ALUMINUM CAP STAMPED FREESE ENGR. LS#4392. THENCE NORTH 88'39'24" EAST A DISTANCE OF 49.52 FEET ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33; THENCE DEPARTING SAID NORTH LINE SOUTH 01'20'36" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 64 ALSO BEING THE POINT OF BEGINNING. THENCE NORTH 88'39'24" EAST A DISTANCE OF 27.13 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE DEPARTING SAID LINE SOUTH 44'06'59" WEST A DISTANCE OF 38.67 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29; THENCE NORTH 00'25'25" WEST A DISTANCE OF 27.13 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 367.9 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON W. SIEVERS PLS 23520 RIGHT-OF-WAY ACQUISITION LOWELL-PAUL DAIRY 14332 WELD COUNTY ROAD 64 GREELEY, COLORADO Motari WUDc I HID 11111 111111 111111 Ell 111111 11111 111 11111 DIM 3625564 05/27/20(19 01:15P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ^^T ORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT: RC -40 SCALE; DATE: SEP. 4, 2008 DRAWN BY; JHB SHEET: 1 of 2 EXHIBIT -A NW 1/4 S33-T6N-R66W NW COR SEC 33 FOUND #6 REBAR W/2-1/2" ALUM. CAP STAMPED POWERS ELEVATIONS LS#23501 IN A MONUMENT BOX. W 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS#30462 2007 IN A MONUMENT BOX. N88 39'04"E _ 1326.83'_ Fiffir 10' FUTURE ROAD RESERVATION J 23520 /Qll l 1111\\\\o • NW 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS#30462 2007 IN A MONUMENT BOX. °WAS COLORADO INC DIR/A AGGREaCE INDURROB-WEST EXISTING ROW & SECTION LINE RICHARD, MARY ANN & JUS1P M GGEIZEL IRED HT -OF -WAY RIGHT-OF-WAY ACQUISITION O.C. _N88'39'24"E P.O.B L2 I I I 1 ACQUIRED RIGHT—OF—WAY 367.9 sf. N 1/4 COR SEC 33 - FOUND 3-1/4" ALUM. CAP STAMPED FREESE ENGR. LS#4392 IN A MONUMENT BOX. SI NM LOWELL-PAUL DAIRY RECP# 50'-A- EXISTING RIGHT OF WAY B212/P416 5-17-1906 LINE TABLE L1 501'20'36"E 30.00' L2 N88'39'24"E 27.13' L3 S44'06'59"W 38.67' L4 NO0'25'25"W 27.13' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. 7-- IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. S. ACQUIRED 15' LS4`� & 1J L I- 50' RIGHT-OF-WAY BU?MW I LOWELL-PAUL DAIRY 14332 WELD COUNTY ROAD 64 GREELEY. COLORADO ')RADO 111111111111 111111 111111 1II1 111111 VIII III 111111111 IIII WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT: RC -40 SCALE; 1"=50' DATE: SEP. 4, 2008 DRAWN BY: JIIB SHEET: 2 of 2 3625564 05/27/2009 01:15P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Hello