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Home My WebLink About20092471.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 16th day of September, A.D., 2009. ATTEST: Weld County Clerk to th ouhty Attorney Date of signature BOARD OF COUNT COMMISSIONERS WELD COUNTYLORADO ademach-r, Pro-Tem Sean P. Conway Bar a Kirkmeyer David E. Long O Q '. PL, Po; 4-7°A_ 2009-2471 EG0060 00 -41 Wine COLORADO MEMORANDUM TO: Clerk to the Board DATE: September 11, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to WCR 74 with Wahlert Land and Livestock, LLC Enclosures NI Mrancie'Agend-Leon. doc I Lt A `1.- 2009-2471 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 THIS AGREEMENT is made this % ill day of sz 16449, 49, by and between Wahlert Land and Livestock, LLC., whose address is 36750 Weld Coun 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 10`h 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, 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. Owners agree 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. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as Page 1 of 3 Pages HBO 11111 111111 1111 11111 III 11111 3655770 10/23/2009 03.53P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Via' 3 025 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 525 feet of existing fence and will install approximately 490 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 4th post. Owner may salvage any part of the existing fence prior to the beginning of the County's removal. 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: WAHLERT LAND AND LIVESTOCK, LLC 3 co Scott Whalert, Managing Partner Page 2 of 3 Pages I IIIIII VIII DOH 11111 IIII IIIIIII VIII III VIII IIII IIII 3655770 10/23/2009 03:53P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder ATTEST: Weld County Clerk to the By: Deputy Cl- ." to the Board BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO 1 HI 11111 11111 IIII 111111111111 III 11111 IIII VIII 3655770 10/23/2009 03:53P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder BY: illiam F. Garcia, Chairman Page 3 of 3 Pages EXHIBIT -A S 1/2 S33-T7N-R63W PROPERTY DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER 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 33 AS BEARING NORTH 89'21'20" EAST A DISTANCE OF 2668.27 FEET TO 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 29.96 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00'38'39" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 AND ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 65 ALSO BEING THE POINT OF BEGINNING - THENCE NORTH 00'42'57" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 475.00 FEET; THENCE SOUTH 03'17'21" EAST A DISTANCE OF 445.47 FEET; THENCE SOUTH 45'40'48" EAST A DISTANCE OF 42.45 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74; THENCE SOUTH 89'21'20" WEST ALONG SAID NORTHERLY RIGHT—OF—WAY LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,500.0 sf. 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. \\\\��I111I ICI I Igll�l 11 i F % L •,9�, ID •O 23520 - .....fritlLAND l LEON W. SIEVERS PLS 23520 1111111 11111 Oil VIII IIII 1111111 11111III 11111 1111 11 3655770 10/23/2009 03:53P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorde II r RIGHT-OF-WAY ACQUISITION WAHLERT LAND & LIVESTOCK WELD COUNTY, COLORADO 44eri D�. COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 74 PROJECT FROM WCR 61 TO HWY 392 PROJECT: GR-2 SCALE: 1"=100' DATE: SEP. 8, 2009 DRAWN BY: JHB SHEET: 1 of 2 EXHIBIT -A S I/2 533-T7N-R63W W 1/4 CORNER S33—T7N—R63W FOUND #6 REB. SET 3 1/4" ALUM. CAP STAMPED WELD COUNTY LS#23520 — 2009 EXISTING RIGHT—OF—WAY KARL LS POINT OF BEGINNING 60;00 W_c�l_ 94 _ O 0 c41 in • a 101 NI 3 Pi N 1 N. IN NI o / N 01 z ADDITIONAL 0- RIGHT—OF—WAY Z I 5,500.0 sf.± �I -Ej. S45'40"48"E j 42.45' P.O.C. SW CORNER S33-T7N-R63W FOUND #6 REB. w/2 r ALUM. CAP I STAMPED POWERS LS#17500 - 1995 NEW CACHE L4 POUTER RTRG. co. WAHLERT LAND & LIVESTOCK PARC # 0723 RBCP #20295- S 1/4 CORNER S33-T7N-R63wW� FOUND #6 REB. W/2 }" ALUM. CAP STAMPED ALLES LS#9644 - 2003 50.00' " N89'21'20"E 2668.27' N00'38'39'W (BASIS OF BEARINGS) r 29.96' 30.00' `OQ pD0 Rfg %i New CACHE LA HAMM IRRG. CO. .G N 23520 % •.9-9-05 A(LAND •\p\ /IIN11111ONOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT-OF-WAY ACQUISITION WAHLERT LAND & LIVESTOCK WELD COUNTY, COLORADO istr WL`Dc. COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 74 PROJECT FROM WCR 61 TO HWY 392 PROJECT: GR-2 SCALE: 1"=100' DATE SEP. 8, 2009 DRAWN BY: JHB SHEET 2of2 1nIooionno nn•5nn IMAM (triunity 11 u u c COLORADO MEMORANDUM TO: Clerk to the Board DATE: October 6, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Deed of Dedication and Acceptance in accordance with Agreement with Wahlert Land and Livestock, LLC (Doc #2009-2471) for improvements to WCR 74 Project between WCR 61 and State Highway 392. Enclosures M' Fran ci e W Be nd-Lean. doc e: 6' 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 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: Wahlert Land and Livestock, LLC V ( W GU/NE-- Ma It Uy Scott Wahlert, Managing Partner PQ rrti STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this (.91 ' day of O cko h c r , 20 O9, by Scott Wahlert, Managing Partner for Wahlert Land and Livestock, LLC. Witness my hand and official seal. Notary Public My commission expires: O2, O6" 13. Page I of 2 pages 1 111111 11111 111111 IIII 1111 1111111 VIII III 1111 1II1 IIII 3655771 10/23/20(19 03:53P 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 10th day of October , 2009 ATTEST: 41441411414 �� COUNTY OF WELD, A BODY CLERK TO THE BOARD OF COUNTY COMMISSIONER ,'f� ] F��1 CORPORATE POLITIC OF THE TATE OF COLORADO THE COUNTY OF WELD Deputy Clerk o the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) BY: William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD OCT 2 2009 The foregoing instrument was acknowledged before me this 12 tlday of October 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: i 140 I'' Rt)arx s,; . PUBLIC /O OF COlC) RJ 1 mgr t gtgeves May 15, 2010 1111111111111111111111IIII111111111111III1111111111111 3655771 10/23/2009 03:53P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder O7C)a2 -; '7/ EXHIBIT -A S 1/2 S33-T7N-R63W PROPERTY DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER 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 33 AS BEARING NORTH 89'21'20" EAST A DISTANCE OF 2668.27 FEET TO 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 29.96 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00'38'39" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 AND ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 65 ALSO BEING THE POINT OF BEGINNING. THENCE NORTH 00'42'57" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 475.00 FEET; THENCE SOUTH 03'17'21" EAST A DISTANCE OF 445.47 FEET; THENCE SOUTH 45'40'48" EAST A DISTANCE OF 42.45 FEET TO A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF WELD COUNTY ROAD 74; THENCE SOUTH 89'21'20" WEST ALONG SAID NORTHERLY RIGHT—OF—WAY LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,500.0 sf. 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. 0\111111100/ \\ ..P Pr LEON W. SIEVERS PLS 23520 Sc 6�'Q 23520 „ ILi , 1111111 IIIII 111111 IIIII IIII 1111111 IIIII III IIIII IIII IHI 3655771 10/23/20(19 03:53P 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 WiiVc. COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 74 PROJECT FROM WCR 61 TO HWY 392 PROJECT. GR-2 SCALE. r=100' DATE: SEP. 8, 2009 DRAWN BY: JHB SHEET: 1 of 2 EXHIBIT -A S 1/2 S33-T7N-R63W W 1/4 CORNER 533-T7N-R63W FOUND #6 REB. SET 3 1/4" ALUM. CAP STAMPED WELD COUNTY LS#23520 - 2009 EXISTING RIGHT-OF-WAY POINT OF BEGINNING 60:00' NI N' a M I NI 1 r: NI OI O' zI I INI s WCR 74 6 P.O.C. SW CORNER S33-77N—R63W FOUND #6 REB. W/2 4" ALUM. CAP I STAMPED POWERS LS#17500 — 1995 NEW CACIB L4 WLVRE IRRG. CO 0 0 N N O z ADDITIONAL RIGHT—OF—WAY 5,500.0 sf.± 545'40'48"E 42.45' WAHLERT �]j'� L4ND & LIVE57OCK PARC #07LLtt5 RECD. # S 1/4 CORNER S33-T7N-R63W FOUND #6 REB. W/2 }" ALUM. CAP STAMPED ALLES LS#9644 - 2003 50.00' N89'21'20"E 2668.27' ._f N00'36'39'W (BASIS OF BEARINGS) 29.96'_30.00' `fl •.....1. 5" //v//�•"I /IL II110\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. ,✓ NEW CACHE LA ICUDRE IRRG. W 0 1 O i I = 0 C.) '0 AP a 1O PJ O / Oil Nl O C T ` N' II In C. RIGHT-OF-WAY ACQUISITION WAHLERT LAND & LIVESTOCK WELD COUNTY, COLORADO WLIDC. COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 74 PROJECT FROM WCR 61 TO HWY 392 PROJECT: GR-2 SCALE: 1"=100' DATE'. SEP. 8, 2009 DRAWN BY: JHB SHEET: 2 of 2 Hello