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Home My WebLink About20091226.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LIND LAND COMPANY, 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 13 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 Lind Land Company, Inc., 1625 Pelican Lakes Point, Suite 201, Windsor, Colorado 80550, 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 13 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 Lind Land Company, 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 27th day of May, A.D., 2009. BO ' RD OF COUNTY COMMISSIONERS O COLORADO ATTEST: Weld County Clerk to the B BY Deputy erk to the Boar APPROVED AS TO FORM: my Attorney David E. Long Date of signature. 6/7/O'y 2�A clAn r, Pro-Tem Sean P. Conway a Kirkmeyer c 49 A-, CC /97O,g‘ 2009-1226 EG0060 1)(47/C1/0.7 COLORADO MEMORANDUM TO: Clerk to the Board DATE: May 19, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for Purchase of ROW with Lind Land Company for improvements to WCR 13. Enclosures .eon doe I'J co 1 2009-1226 083 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN LIND LAND COMPANY, INC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this &7 d y of /` 2009, by and between Lind Land Company, Inc. whose address is 1625 Pelican Lakes Poirft, Suite 201, Windsor, Colorado 80550, hereinafter referred to as "Owners," 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 13, and WHEREAS, Owners own 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, Owners wish to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owners agree 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 One Thousand Eight Hundred Eighty and no/100 ($1880.00) 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 Page 1 of 3 Pages MID 11111 VII DIE III 11111 1111111III IIIII IIII IIII 3630083 06/15/2009 02:55P Weld County, CO 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 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 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. County agrees to reconstruct the existing field entrance located approximately 450 feet north of the south property line. Owner agrees to grant to County access to an additional work area, approximately 20 feet by 30 feet, to allow County to restore the field entrance to a condition equal or better than the existing condition. This grant of access is temporary and will expire at the end of the road construction. 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 I 11111111111 III 11111 III III 3630083 06/15/2009 02:55P 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 y written. ATTEST: Weld County Clerk to By: Deputy Clerk - the Board OWNER: Lind La any, Inc. Marti BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO William F. Garcia, Chairman MAY 27 MY Page 3 of 3 Pages 111111111111111111111111 III 111111111111 III , IIII (III IIII 3630083 06/15/2009 02:55P Weld County, Co 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder O:(7;2- /&9 EXHIBIT -A NW 1/4 $6-T5N-R67W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 67 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. 2493932 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND BEARING NORTH 00'00'30" WEST A DISTANCE OF 2630.76 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 6 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'00'30" EAST ALONG THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 67 WEST A DISTANCE OF 39.50 FEET; THENCE NORTH 89'59'30" EAST A DISTANCE OF 30.00 FEET TO A POINT WHICH INTERSECTS THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 62 AND BEING THE POINT OF BEGINNING' THENCE NORTH 89'06'16" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET; THENCE SOUTH 44'32'53" WEST A DISTANCE OF 21.38 FEET; THENCE SOUTH 00'00'30" EAST A DISTANCE OF 250.00 FEET; THENCE SOUTH 89'59'30" WEST A DISTANCE OF 15.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE NORTH 00'00'30" WEST ALONG SAID RIGHT—OF—WAY LINE A DISTANCE OF 264.77 FEET MORE OR LESS TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,084.7 sf. OR 0.09 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO. ACQUIRED RIGHT-OF-WAY LIND LAND CO. INC. X1662{5�PELICAN �l1TVLAryK�E COLORADO WELD COUNTY, , COLORADO aez; WIiDc COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 @ HIGHWAY 34 PROJECT: SRP-14 SCALE DATE APR. 20, 2C09 BRAWN BY: IIIB SHEET: loft s 0 U a LO LO , O1, oI � N L T co L —C,, CO 4 1O _ co . EXHIBIT -A NW 1/4 $6-T5N-R67W P.O.C. NW CORNER $6-T5N-R67W FOUND #6 REBAR WITH 2 1/2" ALUM. CAP STAMPED TST LS31169 2000 c-Rtew,•cp Ds BLVD DOR 26 35.00' -- EXISTING R.O.W. W 1/4 COR. $6-T5N-R67W FOUND #6 REBAR WITH 2 1/2" ALUM. CAP STAMPED TST LS33193 1999 O N89'59'30"E 30.00' N89'06'16"E 30.00' IP.0.8. S00'00"30"E WO! 62 544'32'53"W 21.38' ADDITIONAL RIGHT—OF—WAY 4,084.7 sf. OR 0.09 ac. 589'59'30"W 15.00' 'f 30.00' EXISTING R.O.W. a f LIND LAND CO. INC. PARC.#095706000004 RECP.#2493932 o`��,SvOIREG/ ��i J " 'C Id eb 23520 NAL LNG 7 J 1 11111‘\\�\\ NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. LIND LOT A RE -3727 ACQUIRED RIGHT-OF-WAY LIND LAND CO. INC, 1625 PELICAN LAKE POINT WELD COUNTY, COLORADO oAtr WIOC COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 HIGHWAY 34 PROJECT: SRP-14 SCALE 1"-100' DATE APR. 20,1109 DRAM BY: IHB SHEET: 2 of 2 o `c cc ot - =a — oC G 'O c m C 9. a; 115 — N —�C � c Q c oC in In C T C �apC o C col, 0 CI Ml MEMORANDUM Clerk to the Board DATE: June 15, 2009 FkOh4: ( eon Sievers, Public Works Department COLORADO SURIEC'I: Consent Agenda Item Deed of Dedication with I Land Company, Inc. --- in reference to Agreement Doe 42009- 1226 Enclosures U cn u) o('', /f'(,0, 1}l"/) `ou7-.12 2 ' (17//All E4 ot;Coo DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Lind Land Company, Inc., whose address is 1625 Pelican Lakes Point, Suite 201, Windsor, Colorado 80550, 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. STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this /Co day of s fu y, , 20M, by Martin Lind, Agent for the Lind Land Company, Inc. $'%\ERA41 _ �Qx.: "mesh r;{ ' hand and official seal. ‘4.o1ARV cI/llllllllll‘�� 01^ %mmission expires: © I k..4o C J Notary Public 11111111111111111'1111111111 IIII 111111 III 11111 IIII IIII 3638031 07/23/2009 12:00? Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page I of 2 pages 1cI 6`UJ7LL. -i9-O9 ,?cvq - haz, 6soaco 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 29th day of June , 20 09 . ATTEST: CLERK TO THE BOARD 0 COUNTY COMMISSIONE THE COUNTY OF WELD Deputy Clerk to the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD JUN 2 9 2009 The foregoing instrument was acknowledged before me this 29thday of June 20 09, by William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and My commission expiMMISSIONEXPIRES: 05192013 Page 2 of 2 pages I ILO 11111 1131 Urn "UHL III 11111 III IIII 3638031 07/23/2009 12:00P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Qa99 /d e EXHIBIT -A NW 1/4 S6-T5N-R67W PROPERTY DESCRIPTION RIGHT-OF-WAY WAY A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 67 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. 2493932 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND BEARING NORTH 00'00'30" WEST A DISTANCE OF 2630.76 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 6 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'00'30" EAST ALONG THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 67 WEST A DISTANCE OF 39.50 FEET; THENCE NORTH 89'59'30" EAST A DISTANCE OF 30.00 FEET TO A POINT WHICH INTERSECTS THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 62 AND BEING THE POINT OF BEGINNING; THENCE NORTH 89'06'16" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET; THENCE SOUTH 44'32'53" WEST A DISTANCE OF 21.38 FEET; THENCE SOUTH 00'00'30" EAST A DISTANCE OF 250.00 FEET; THENCE SOUTH 89'59'30" WEST A DISTANCE OF 15.00 FEE TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE NORTH 00'00'30" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 264.77 FEET MORE OR LESS TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,084.7 sf. OR 0.09 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO. 11111 11111111111111111111111111111111111111111111111I 11111111111111111 IIII 111111 III VIII IIII I'll 11 3638031 07/23/2009 12:OOP Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder \\\\,\U 1 1 1 1 1 1//// -Asrol w el, :•O 9: N: 23520 ?"A LAtdJ ,�.�` \ ,,,,III11111�" ACQUIRED RIGHT-OF-WAY LAUD LAND CO. INC. 1623 PELICAN LAKE POINT WELD COUNTY, COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 @ HIGHWAY 34 PROJECT: SRP-14 DATE APR. 20, 2009 DRAWN BY: ilia SHEET: 1 of 2 EXHIBIT -A NW 1/4 S6-TSN-R67W P.O.C. NW CORNER $6-T5N-R67W FOUND #6 REBAR WITH 2 1/2" ALUM. CAP STAMPED TST LS31169 2000 CR sAvYIcOADS BLVD LCR 26) I N89'59'30"E 30.00' N89'06'16"E 30.00' j•-•-! EXISTING R.O.W. I W 1/4 CDR. S6-75N-R67W FOUND #6 REBAR WITH 2 1/2" ALUM. CAP STAMPED TST L533193 1999 w O M O O O WO! \ 62 S44'32'53"W 21.38' ADDITIONAL RIGHT—OF—WAY 4,084.7 sf. OR 0.09 ac. 589'59'30"W 15.00' tf 30.00' EXISTING R.O.W. 0.011 W'' LIND LAND CO. INC. PARC.#095706000004 RECP.#2493932 vvvvPQ�IREP;� .:O 23520 Gl 20 -o' "NALLA10 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. LUVD LOT A RE -3727 ACQUIRED RIGHT-OF-WAY LIND LAND CO. INC. 1625 PELICAN LAKE POINT WELD COUNTY, COLORADO 0foqi COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 @ HIGHWAY 34 PROJECT: SRP-14 SCALE: 1.100' DATE APR. 20, 2009 DRAWN BY: nIB SHEET: 2 o12 Hello