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Home My WebLink About20090880.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 7 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - M AND J DAIRY, 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 7 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 M and J Dairy, LLC, 3400 Highway 60, Loveland, Colorado 80537, 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 7 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 M and J Dairy, 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 15th day of April, A.D., 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to t`he i#oatd" BY Deputy Clerk to the Boa Date of signature WELP CORADO William F. Garcia, Gha�r ougIas�Rademache Pro-Tem Sea P C onway arSara Kirkmeyer David E. Long E y cab . /DLL, PL 71// 2009-0880 EG0060 C 4'576 j COLORADO MEMORANDUM TO: Clerk to the Board DATE: April 13, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement Concerning Purchase of Right -of -Way for Certain Improvements to WCR 7 with M & J Dairy, LLC Enclosure M:\Francie\Agend-Leon doc 2009-0880 0 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 7 BETWEEN M & J DAIRY, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of *I , 2009, by and between M & J Dairy, LLC, whose address is 3400 Highway 60, Loveland, Colorado 80537, 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 7, 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. 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 1 of 3 Pages AIM 11111 111111 11111 IIII 111111111111 III 11111 IIII IIII 3619988 05/01/2009 11:03A Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 0,1C'O2-Of'8O 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. 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. 8. Owner agrees to petition the County to vacate the northerly 1500 If, more or less, of the existing WCR 7 and to grant to County a Permanent Utility and Drainage Easement for the benefit of the existing utilities located within the vacated roadway and to accommodate the existing drainage. Owner further agrees to grant a mutual Access Easement to Ron and Diane Bakel. Maintenance of the vacated roadway will be preformed by Owner. The Vacation Petition, Access Easement and Utility and Drainage Easement will be granted after the new roadway is constructed and open to the traveling public. 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. Page 2 of 3 Pages 1111111111111111111111'III 1111111 111 III 11111 11111111 3619988 05/01/2009 11:03A Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. ATTEST: Weld County Clerk to t By: Deputy Clerk . the Board OWNER: M&JD Melvin`Flaschenriem, Manager BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO BY: Page 3 of 3 Pages illiam F. Garcia, Chairman 04/15/2009 11111111111111111111111 III! 111111111111 111 11111111! 1111 3619988 05/01/2009 11 03A Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder onr G'd'8L EXHIBIT -A NW 1/4 S3-T4N-R68W LEGAL DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 3, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING A PORTION OF LOT B OF AMENDED RECORDED EXEMPTION NO. 1O61-O3-2-RE431, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2447489 BOOK -15O2, PAGE -527 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 10.00 FEET OF THE WEST 40.00 FEET OF THE SOUTH 20.00 FEET OF LOT B. SAID PARCEL CONTAINS 200.2 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED FROM AMENDED RECORDED EXEMPTION NO. 1O61-O3-2-RE431 AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2453711. AfAtr. W�`P� 1 11111111111111111IIIII IIII 1111111 IIIII 11111111 IIII IIII DRADO ig 3619988 05/01/2009 11:03A Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY ACQUISITION M&J DAIRY 2385O WCR 7 WF.1 rl Cn A'i'v rnr nn A F,n WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 7 & 48 PROJECT PROJECT. GR-1 SCALE; DATE: JAN. 5,2009 DRAWN BY; JHB SHEET: 1 of 2 111111 11111 HMI 11111 IIII IIIIIII 11111 III 11111 Illl IIII 3619988 05/01/2009 11:03A Weld County, CO 5 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT -A NW I/4 S3-T4N-R68W NW COR. S3-74N-R68W C. 1 1 1 1 1 P.O.C. W 1/4 COR. S3—T4N—R68W RIGHT-OF-WAY ACQUISITION 10' i AURORA WAN SERVICES' LLC LOT A AMEND. RE -431 ACQUIRED RIGHT—OF—WAY 200.2 sf. L3 1 1 1 1 1 At M&J DAIRY 23850 WCR 7 WELD COUNTY, COLORADO W ,ORADO ORADO LOT B AMEND. RE -431, L1 = 10.01' L2 = 20.02' L3 = 10.01' L4 = 20.02' JESSEX PARC.#106103000023 RECP.#3322147 1 I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE I ATTACHED LEGAL DESCRIPTION ONLY. P WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 7 & 48 PROJECT PROJECT: GR-I SCALE. I"=50' DATE: JAN. 5, 2009 JHB 2 SHEET: of 2 falt4vIR 1111k. COLORADO MEMORANDUM TO: Clerk to the Board DATE: June I, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Deed of Dedication and Acceptance in reference to the Agreement for Purchase of ROW with M & J Dairy for improvements to WCR 7 (Doc #2009-0880) Enclosures M 1Francie Ageed-I.mn dnc : i: Pe 4J,; 2_ • _, C!71 JJ N W (rc,O -, C' ,(i (1 - l -1)- Cq DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that M&J Dairy, LLC., whose address is 3400 East State Highway 60, Loveland, Colorado 80537, 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: M&J Dairy, LLC. Melvin Flaschenriem, Manager STATE OF COLORADO COUNTY OF Lai -144-1". The foregoing instrument was acknowledged before me this /,9/Z day of , 20 6,, by Melvin Flaschenriem, Manager. Witness my hand and official seal. My commission expires: /n/Z TM/ Pag I oft pagrs 111111 111111 IIII IIIII 111111 III 11111 IIII IIII 3628367 06/09/2009 11:14A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 1 ota Public PAUL D RICHTER Notary Public State of Colorado 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 8th day of June ATTEST: CLERK TO THE BOA COUNTY COMMISSIO THE COUNTY OF WE BY: zl Deputy Clerk t<the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) 2009 COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: illiam F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD JUN - 8 2009 The foregoing instrument was acknowledged before me this 8th day of June 20 09 , by William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF TILE COUNTY OF WELD. Witness my hand and official My commission expires: MY COMMISSION EI(PIRES:051 - 013 Poet: 2 of 2 pages AEI 11111111111111111 BIM HUMID! IID! 1111 IIII 3628367 06/09/2009 11:14A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 5i0c -c4-we EXHIBIT -A NW 1/4 S3-T4N-R68W LEGAL DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 3, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING A PORTION OF LOT B OF AMENDED RECORDED EXEMPTION NO. 1061-03-2-RE431, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2447489 BOOK -1502, PAGE -527 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 10.00 FEET OF THE WEST 40.00 FEET OF THE SOUTH 20.00 FEET OF LOT B. SAID PARCEL CONTAINS 200.2 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED FROM AMENDED RECORDED EXEMPTION NO. 1061-03-2-RE431 AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2453711. HIV 11111 111111 1111 HAM 111111III HI 11111111 3628367 06/09/2009 11:14A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY ACQUISITION M&J DAIRY 23850 WCR 7 WELD COUNTY, COLORADO esa COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 7 & 48 PROJECT PROJECT: GR-1 SCALE: DATE: JAN. 5, 2009 DRAWN BY: JHB SHEET: 1 oft EXHIBIT -A NW 1/4 83-T4N-R68W NW COR. S3—T4N—R68W W}.IOIJT & MACH P.O.C. W 1/4 COR. 33-T4N-R68W � o 0 CC NM= CI ag ,) = _0U V 2 �v a) X32 m — . aa, Immo �To d RIGHT-OF-WAY ACQUISITION 0 ENO moo • M&J DAIRY ac'cc cc 23850WCR7 WELD COUNTY, COLORADO a Cco M o 1 1 1 IE EXISTING 60' ROW 1 N a -o 1 1 i .� 1 _L3 1 1 1 1 WLiDc COLORADO 10' AURORA a .iii SS CWC 'T C LOT A AMEND. RE -431 ACQUIRED RIGHT-OF-WAY 200.2 sf. M&J DAIRY LOT B AMEND. RE -431. L1 = 10.01' L2 = 20.02' L3 = 10.01' L4 = 20.02' PARC.#106103000023 RECP.#3322147 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT I A MONUMENTED LAND SURVEY OR LAND SURVEY - PLAT. IT IS INTENDED TO ILLUSTRATE THE I ATTACHED LEGAL DESCRIPTION ONLY. e WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 7 & 48 PROJEC I PROJECT: GR-1 SCALE: 1"=50' DATE: JAN. 5, 2009 JHB SHEET: 2 oft Co (7 R Hello