HomeMy WebLinkAbout20091506.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 74 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - WAHLERT LAND AND LIVESTOCK, 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 Agreement Concerning the Purchase
of Right -of -Way for Certain Improvements to County Road 74 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 Wahlert Land and Livestock, LLC, 36750 County Road 65,
Galeton, Colorado 80622, 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 74 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 Wahlert Land and Livestock, LLC, 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 29th day of June, A.D., 2009.
ATTEST: Li
Weld County Clerk to the
BY:
Depii
APPROVE
ar aara Kirkmeyer
orney
Date of signature
7
13
001
David E. Long
BOARD OF COUNTY COMMISSIONERS
WELD QOU T , COLORADO
Dougl- Rademac -r, Pro-Tem
e P. Conway /
i4
4 C los'1
0 1O1_
2009-1506
EG0060
O 1.6(
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: June 22, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Agreement Concerning Purchase of ROW for improvements to WCR 74 with Wahlert Land
and Livestock LLC.
Enclosures
2009-1506
0
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 74 BETWEEN WAHLERT LAND AND LIVESTOCK, LLC AND
WELD COUNTY, COLORADO
4
THIS AGREEMENT is made this /f " day of J L W , 2009, by and between Wahlert
Land and Livestock, LLC., whose address is 36750 Weld County Road 65, Galeton, Colorado 80622
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 10h1 Street,
Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 74, 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
realignment of said roadway, and
WHEREAS, Owner wishes to cooperate with County in said road improvement.
NOW, TIIEREFORE, 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 Two Thousand Sixty and no/100 ($2060.00) dollars.
This consideration is being offered in lieu of condemnation
2. Owners agree to grant the Right -of -Way to County by Deed of Dedication, free and
clear of all encumbrances, except existing casements. 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 1 of 3 Pages
11111 111111 111 11111111111 ���� ����
3638605 07/27/2009 02:22P Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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 of payment of compensation is the date of delivery of
the Deed of Dedication.
6. Owners warrant that they are the owner of the Right -of -Way and will defend title
thereto against all claims.
7. Owners represent and warrant that all prior general taxes levied have been paid in full
by Owners.
8. It is understood that County will remove approximately 2280 feet of existing fence
and will install approximately 2315 feet of new fence along the new right-of-way
line. The new fence will be a 4 strand barbed wire fence with metal posts and a wood
post placed at every 4`h post. Owner may salvage any part of the existing fence prior
to the beginning of the County's removal.
1nTe 5
9. County will replace the existing wire gatethat is located approximately 200 feet east
of the west line of the southeast one -quarter of Section 33, Township 7 North, Range
63 West.
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.
111111111111111111����11111111111111111III1111111111111
3638605 07/27/2009 02:22P Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
WAHLERT LAND AND LIVESTOCK, LLC
SLcgnth--*1196/ic,cjii,Y
Scott Whalert, Member 9aftigyt
ATTEST: aaa
Weld County Clerk to the
By: ('z.
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
BY:
William F. Garcia, Chairman
JUN 2 9 2009
IILO 11111 111 liii 11111111111111111 11111 IIII IIII
3638605 07/27/2009 02:22P Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Page 3 of 3 Pages
aoo2 -xsee
EXHIBIT -A
S 1/2 S33-T7N-R63W
PROPERTY DESCRIPTION
RIGHT OF WAY
A PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 63
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. 2623296 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 63 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE SOUTHWEST
ONE -QUARTER OF SAID SECTION AS BEARING SOUTH 89'21'20" WEST A DISTANCE OF 2668.27 FEET
FROM THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 33 ALSO DESCRIBED AS SHOWN;
THENCE NORTH 89'21'20" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 33 A DISTANCE OF 1613.46 FEET;
THENCE DEPARTING SAID SOUTH LINE NORTH 00'38'40" WEST A DISTANCE OF 30.00 FEET TO A POINT
ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 ALSO BEING THE POINT
OF BEGINNING
THENCE NORTH
THENCE NORTH
THENCE NORTH
44'21'20"
89'21'20"
89'21'15"
EAST A DISTANCE OF 56.57 FEET;
EAST A DISTANCE OF 1014.82 FEET;
EAST A DISTANCE OF 1185.18 FEET;
THENCE SOUTH 45'38'45" EAST A DISTANCE OF 56.57 FEET TO A POINT ON THE EXISTING NORTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74;
THENCE SOUTH 89'21'15" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 1225.18
FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 89'21'20" WEST A DISTANCE OF 1054.82
FEET MORE OR LESS TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 89,600.0 sf. OR 2.06 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 AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD
SURVEY.
111111111111111111 111111111111111 111111 I I 11111 1111IIII
3638605 07/27/2009 02:22p Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
RIGHT-OF-WAY ACQUISITION
WAHLERT LAND & LIVESTOCK
WELD COUNTY, COLORADO
sar.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 74 PROJECT
FROM WCR 61 TO HWY 392
PROJECT:
GR-2
SCALE.
DATE
JUNE 1, 2009
DRAWN BY: JHB
SHEET: 1 of 2
EXHIBIT -A
S I/2 S33-T7N-R63W
LINE TABLE
L5
N44'21'20"E
56.57'
L6
N89'21'20"E
1014.82'
L7
N89'21'15"E
1185.18'
L8
545'38'45"E
56.57'
L9
889'21'15"W
1225.18'
L10
589'21'20"W
1054.82'
TAI
SE CORNER //fl I CORraISIr PLAINS
533-T7N-R63W J I I PARC. #Oi3'XV1O)0L°
FOUND #6 REB.
W/2 4" ALUM. CAP
STAMPED INTERMILL I I
LS#12374 1997
--� j I-60'EXISTING
RIGHT—OF—WAT
ADDITIONAL
RIGHT-OF-WAY
89,600.0 sf.
r� LAND ��WAHLERT
L ND & LIVESTOCK
PARC #0M3000005
RECD. #26212%
111111111111111111 IIII 11111111111111111 III 111111111 IIII
3638605 07/27/2009 02:22P Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
W 1/4
S33-T7N-R63W
FOUND #6 REB.
NO CAP
------:571 -----.
..---N00-42S7 W-
40
P.0 -B
m
r
C
I
S 1/4 CORNER
S33-77N-R63W
FOUND #6 REB.
W/2 }" ALUM. CAP
STAMPED ALLES
LS#9644 2003
N00'38'40"W
30.00'
CACHE LA FOUDRE
IRRG. CV
PARC rl 0759:1O30O04
P.O.C.
SW CORNER
S33-77N-R63W
FOUND #6 REB.
W/2 4" ALUM. CAP
STAMPED POWERS
LS#17500 1995
RIGIIT-OF-WAY ACQUISITION
WAHLERT LAND & LIVESTOCK
WELD COUNTY, COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 74 PROJECT
FROM WCR 61 TO HWY 392
COLORADO
PROJECT:
GR-2
SCALE.
1"=400'
DATE. JUNE 1, 2009
DRAWN BY: JHB
SHEET: 2 of 2
MEMORANDUM
IIlige
COLORADO
TO: Clerk to the Board DATE: July 27, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Consent Agenda Item
Deed of Dedication and Acceptance to the Agreement with Wahlert Land and Livestock, LLC in
reference to Doc No. 2009-1506.
Enclosures
11. Nrm¢ie.Asend-Leon doe
etc/tji'iLt cEL
c 4it it
„2
2c _°P -/5c%
0
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Wahlert Land and Livestock, LLC,
whose address is 36750 Weld County Road 65, Galeton, Colorado, 80622, 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 ,he 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:
Wahlert Land and Livestock, LLC
Scott Wahlert, Managing Partner
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ,92, day of
/y,�(,LQ,c,///� , 20O9, by Scott Wahlert, Managing Partner for Wahlert Land and
LivebtOck, LC..
Witness my hand and official seal.
i1�' ' Lb_ [(Wu]
otary Public
My commission expires:
g9, aolo
'age I of 2 pages
111111111111111111 IIII 111111 IIII 1111111 III 11111 IIII 1111
3641926 08/11/2009 12:55P 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 3rd day of August
ATTEST:
CLERK TO THE BOARD
COUNTY COMMISSION
THE COUNTY OF WEL
BY:
Deputy Clerk t4'the Board
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
2009
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
s
BY:
William F. Garda, Chair,
BOARD OF COUNTY COMMISSIONERS
OF TILE COUNTY OF WELD
AUG 0 3 2009
The foregoing instrument was acknowledged before me this 3rd day of August
20 09 , by William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD.
Witness my hand and o
My commission expires
myutimmission Expires May 15, 2010
11111111111111111IIII11111111111111111III111111111111
3641926 06/11/2009 12:55P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
/
Notary Public
Page 2 of 2 page
cxbO9- /Sue,
EXHIBIT -A
S 1/2 S33-T7N-R63W
PROPERTY DESCRIPTION
RIGHT OF WAY
A PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 63
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. 2623296 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 63 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE SOUTHWEST
ONE -QUARTER OF SAID SECTION AS BEARING SOUTH 89'21'20" WEST A DISTANCE OF 2668.27 FEET
FROM THE SOUTH QUARTER CORNER OF SAID SECTION 33 ALSO DESCRIBED AS SHOWN;
THENCE NORTH 89'21'20" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 33 A DISTANCE OF 1613.46 FEET;
THENCE DEPARTING SAID SOUTH LINE NORTH 00'38'40" WEST A DISTANCE OF 30.00 FEET TO A POINT
ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 ALSO BEING THE POINT
OF BEGINNING
THENCE NORTH 44'21'20" EAST A DISTANCE OF 56.57 FEET;
THENCE NORTH 89'21'20" EAST A DISTANCE OF 1014.82 FEET;
THENCE NORTH 89'21'15" EAST A DISTANCE OF 1185.18 FEET;
THENCE SOUTH 45'38'45" EAST A DISTANCE OF 56.57 FEET TO A POINT ON THE EXISTING NORTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74;
THENCE SOUTH 89'21'15" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 1225.18
FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 89'21'20" WEST A DISTANCE OF 1054.82
FEET MORE OR LESS TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 89,600.0 sf. OR 2.06 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 AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD
SURVEY.
LEON W. SIEVERS
PLS 23520
P00iREGMil
/Sr �%,
N23520
„avAL LAt�'1\\ �\
909616
111111111111111111 IIII 111111 IIII 1111111 III 11111 1111 IIII
3641926 08/11/2009 12:55P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
RIGHT-OF-WAY ACQUISITION
WAHLERT LAND & LIVESTOCK
WELD COUNTY, COLORADO
*r
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 74 PROJECT
FROM WCR 61 TO HWY 392
PROJECT:
GR-2
SCALE.
DATE: JUNE I, 2009
DRAWN BY: JHB
SHEET: I of 2
EXHIBIT -A
S 1/2 533-T7N-R63W
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LINE TABLE
L5
N44'21'20"E
56.57'
L6
N89'21'20"E
1014.82'
L7
N89'21'15"E
1185.18'
L8
545'38'45"E
56.57'
L9
589'21'15"W
1225.18'
L10
S89'21'20"W
1054.82'
SE CORNER
533—T7N—R63W
FOUND #6 REB.
W/2 }" ALUM. CAP
STAMPED INTERMILL
LS#12374 1997
ADDITIONAL
RIGHT-OF-WAY
39,600.0 sf.
LAND
�'D Lt7l & LIVESTOCK
C
PARC #071 5
RECD. #2621296
NOTF; THIS F .HIAff MAP DES MOT PFPPFSEpIT !,
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
W 1/4
533--T7N—R63W
FOUND #6 REB.
NO CAP
---.—hero.--Throe.—".7"'.—.26342 -.
_-----'r-------rJ001.2 S7W---2634:22'----
Ake .r 07A4:5Y.C1'1
E
---� I-- 60' EXISTING
RIGHT—OF—WAT
MILLER
r*tRC :r Orw+,'ii!(X?;'#S'
S 1/4 CORNER
533—T7N--R63W
FOUND #6 REB.
W/2 4" ALUM. CAP
STAMPED ALLES
LS#9644 2003
P.O.C.
SW CORNER
S33-T7N-R63W
FOUND #6 REB.
W/2 4" ALUM. CAP
STAMPED POWERS
LS#17500 1995
RIGHT-OF-WAY ACQUISITION
WAHLERT LAND & LIVESTOCK
WELD COUNTY, COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 74 PROJECT
FROM WCR 61 TO HWY 392
COLORADO
PROJECT:
GR-2
SCALE:
1"=400'
DATE: JUNE 1, 2009
DRAWN BY: JHB
SHEET: 2 of 2
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