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Home My WebLink About20082624.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO BRIDGE 27/66A OVER GREELEY CANAL #2, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ED ORR 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 Weld County Bridge 27/66A over the Greeley Canal #2, 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 Ed Orr, 1813 61st Avenue, Suite 200, 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 Weld County Bridge 27/66A over the Greeley Canal #2, 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 Ed Orr, 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 September, A.D., 2008. 1-- , BOARD OF COUNTY COMMISSIONERS Eh, i ,WELD COUNTY, COLORADO ATTEST: aflCL'lA " (� 1 1861 1 111770--6-3..,.--CCi. W 'ham H. Jerke, Chair Weld County Clerk to the B rea), � A 1' p6 1- ® V`�T p4 ob rt D.yy��sden -,Tem De ty CI to the Bo d 1 Wiltrnm\F. Garcia A V RM: E ori David E. Long Bounty orney m_v��c>�iw�o.�.✓ ouglas ademacltr Date of signature: 10` la 2008-2624 EG0058 ae : (A) /67/�7/05e" rs MEMORANDUM winCTO: Clerk to the Board DATE: Sept. 24, 2008 COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to Weld County Bridge 27/66A over the Greeley Canal #2 with Ed Orr Attached is the appropriate documentation. Enclosures M:AFrancieAAgend-Leon.doc 2008-2624 • 8g1 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO THE WELD COUNTY BRIDGE 27/66A OVER THE GREELEY CANAL #2 NEAR GREELEY, CO., BETWEEN ED ORR AND WELD COUNTY, COLORADO THIS AGREEMENT is made this I day of September, 2008, by and between Ed On whose address is 1813 61st Ave, Suite 200, Greeley, CO 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 10", Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Bridge 27/66A over the Greeley Canal #2 near Greeley, CO. and, WHEREAS, Owner owns the property described in the attached Exhibits "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 in Exhibits "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of FIVE HUNDRED DOLLARS and NO/100 ($500.00). This consideration is being offered in lieu of condemnation. - l - 11111111111111111111111111111 III 1111111 III 111111111 IIII 3583881 10/13/2008 12:0512 Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder W8--076 a kicva-VcEkA\VN1 LLD 2. Owner agrees to grant the Right-of-Way to County by -cirrTMTITcation, free and clear of all encumbrances, except existing easements across the property conveyed. Owner tfrfit shall retain the mineral estate under the Right of Way, including without limitation 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 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 191O Deed of-OeeliatEien and related documents. 6. General taxes for the year 2008 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents ads-that all general taxes levied prior to such year have been paid in full by Owner. - 2 - 111111111111111111 Mtn III 1111111 11111 3583881 10/13/2008 12:05P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder eir • 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. OWNS : d By: Date: k--V\ ATTEST: Aid, BOARD OF COUNTY COMMISSIONERS ""� ',le-, OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to the O tT f« "' 4.9 By4ii�� 2-1//1Zd BY: Deputy Clerk t le Board William H. Jerke Chair 09/29/2008 - 3 - MID I1II1I!lII11II11VIII' III 1111111 III 11111 III! III! 3583881 10/13/2008 12:05P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 02Oa7 d6a • EXHIBIT-A NE I/4 S19-T6N-R66W LEGAL DESCRIPTION PARCEL-4 RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, 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 CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER AS BEARING NORTH 00'42'30" WEST A DISTANCE OF 2613.65 FEET; THENCE NORTH 86'33'35" EAST ALONG THE SOUTH LINE OF THE EAST HALF OF THE OF SAID NORTHEAST QUARTER TO A POINT ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF WCR 27 A DISTANCE OF 30.03 FEET; THENCE NORTH 00'42'30" WEST ALONG THE EASTERLY RIGHT OF WAY LINE TO A POINT ON THE CENTERLINE OF GREELEY NO. 2 CANAL A DISTANCE OF 197.40 FEET TO THE POINT OF BEGINNING. THENCE NORTH 00'42'30" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 52.44 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE SOUTH 49'37'43" EAST A DISTANCE OF 26.53 FEET; THENCE SOUTH 00'42'30" EAST TO A POINT ON THE CENTERLINE OF SAID CANAL A DISTANCE OF 52.44 FEET; THENCE NORTH 49'37'43" WEST A DISTANCE OF 26.53 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1048.7 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 tip,/ •. • 23520 • c. VAAL.LAW S\'`aseo \\\ 111111111 11111111111111 111111 III IN I I I11111 I I I1 I I I1 3583881 10/13/2008 12:05P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder WELD COUNTY PUBLIC WORKS RIGHT-OF-WAY ACQUISITION Oettre , DEPARTMENT WELD COUNTY ROAD 27 ORR Wi`��. 30-00 ROJECI. WELD COUNTY ROAD 27 PROJECT: 13R0 C030-030 SCALE: GREELEY, COLORADO COLORADO DATE: DRAWN BY: SHEET: JUNE 11,2008 1 of 2 C EX IIBI 1 -A NE 1/4 S19-T6N-R66W I WITNESS COR. EAST 1/16 1 FOUND 3 1/4" ALUM. 1CAP IN RANGE BOX STAMPED LS #708551,.....)k I I REM ARD N. & lEITABETH M / \IT RECP#2316784 I 1 ACQUIRED a RIGHT-OF-WAY �� 11111111Ilr//L 1 1048.7 sf. ��\• , �RE �� I ii! _so' J21 1 ROW • = ' 23520 w •r . $$ d I = � e iii 70•'••' N I c� NgC n1`\\S�;\\ N �co» 1 I 1 POINT OF �FP �Fc�O al.,_ 1 NN : 1 BEGINNING -Pe 4:-....L„ ,0 - =V ® 'cop 40 0,0 �7 �(' I3 RECP#3554604 I 1 9'kr S8 1 o a > I ® N 1 CD a, -Ny z- '2 rnl LINE TABLE o I I N e L7 NO0'42'30"W 52.44' -o o °�:3 1 L2 S49'37'43"E 26.53' —CM Mo ® o I o A L3 SOO-42'30"E 52.44' • r o 1 - cn I iV L4 N49'37'43"W 26.53' o o CENTER FAST 1/16 COR. W -� tc FOUND 3 1/4" ALUM. CAP m o 1 L5 N86'33'35"E 30.03' —co IN RANGE BOX STAMPED =Z 07 m.- LS #10855 POINT OF COMMENCEMENT 1 I 1 =��n 1 A ,/ -„_„ e----t'---SP- / RECP#2801145 1 I 1 RECP#2403734 : 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. . ia WELD COUNTY PUBLIC WORKS RIGHT-OF-WAY ACQUISITION V R'1! DEPARTMENT WELD COUNTY ROAD 27 ORR WLIDc BRIDGE PROJECT PROJECT: SCALE: 1"=50' BRO C030-030 GREELEY, COLORADO COLORADO DATE: DRAWN BY: SHEET: JIB JUNE 11,2008 2 of 2 a MEMORANDUM DWI ' TO: Clerk to the Board DATE: October 21, 2008 C. COLORADO FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item The Quit Claim Deed attached is supporting documentation for the Agreement with Ed On,Document no. 2008-2624. One original of each is attached. Enclosures M'J'ran c i e W gen d-Le on.d oc :-J ) 2 �`>U mi ,5G GDS QUIT CLAIM DEED THIS DEED is made this 14 day of October , 2008,between Ed Orr, whose address is 1813 61$` Ave. Suite 200, Greeley, Colorado 80634,party of the first part and Weld County, Colorado, a body politic and corporate of the State of Colorado, whose address is 915 10th Street, Greeley, Colorado 80631,party of the second part. WITNESSETH, that the said party of the first part, for sufficient consideration, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed. and QUIT CLAIMED, and by these presents does rendse,release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right,title, interest, claim and demand which the said party of the first part has in and to the parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit"A." Reserving unto Grantor all Grantors oil, gas, hydrocarbons and other minerals appurtant to the subject property. TO HAVE AND TO HOLD the same,together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate,right, title,interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written_ Ed Orr STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I t-/- day of ()CUD 6-F,r , 2008,by Ed Orr. 0,4,1,yII(I�III,, £ blt' i 1�� NOTAA �'o ,o,, LIG My commission expires: (p -3a 1 I ...•• ; 'E of Coko t pp~n °Ilcaclec.=naa1� 11111111111111111111111111111 I I 11111111111111111111 1111 3587874 11/03/2008 04:22P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder c9e DS'-•cd q 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 27th day of October , 20 08 . ATTEST: �"' ��""" ji,* I. .- . COUNTY OF WELD, A BODY CLERK TO THE BOARD OF' , CORPORATE AND POLITIC OF THE COUNTY COMMISSIONE'fl1 f, , ��,TATE OF COLORADO / THE COUNTY OF WELD 1i� ,,140r2, s,'-. t BY: 'le - , Q.( 41'6►i BY: t--z- , 1---/-wDeputy Cler ' o the Board William H. Jerke, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 10/27/2008 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 27th day of October 20 pg, by William H.Jerke,Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official s ;'+kEF`..pNFe"•., iut O1- AR ' 1 lai/PthA, —.1e0-- s'•.•PUBLIC ?I a Pub •11 .:My commission expires: o��otoef wen,- si rxD.res6,ia.192005 Page 2 of 2 page 1 11111111111 11111111111 1111 III 1111111 III 11111 IIII IIII 3587874 11/03/2008 04:22P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 0'oS'.-0766 •: I • XT-A • Ej NE 1/4 S19-T6N-R66W LEGAL DESCRIPTION PARCEL-4 RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, 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 CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER AS BEARING NORTH 00'42'30" WEST A DISTANCE OF 2613.65 FEET; THENCE NORTH 86'33'35" EAST ALONG THE SOUTH LINE OF THE EAST HALF OF THE OF SAID NORTHEAST QUARTER TO A POINT ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF WCR 27 A DISTANCE OF 30.03 FEET; THENCE NORTH 00'42'30" WEST ALONG THE EASTERLY RIGHT OF WAY LINE TO A POINT ON THE CENTERLINE OF GREELEY NO. 2 CANAL A DISTANCE OF 197.40 FEET TO THE POINT OF BEGINNING. THENCE NORTH 00'42'30" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 52.44 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE SOUTH 49'37'43" EAST A DISTANCE OF 26.53 FEET; THENCE SOUTH 00'42'30" EAST TO A POINT ON THE CENTERLINE OF SAID CANAL A DISTANCE OF 52.44 FEET; THENCE NORTH 49'37'43" WEST A DISTANCE OF 26.53 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1048.7 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 ��1L 111111/// PLS 23520 \\`` Qp RE .per 23520 i 111111 11111 111111 11111 111111 111 1111111 III 111111111 III 3587874 11/03/2008 04:22P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder \\ WELD COUNTY PUBLIC WORKS RIGHT-OF-WAY ACQUISITION di ° DEPARTMENT ( rr�11 = WELD COUNTY ROAD 27 "liD�. BRIDGE PR07EC1 ORR PROJECT: SCALE: WELD COUNTY ROAD 27 BRO C030-030 GREELEY, COLORADO COLORADO DATE JUNE 11,2008 DRAWN BY: SHEET: 1 of 2 •EIIJII�T-A NE 1/4 519-T6N R66W . 1 1 I WITNESS COP EAST 1/16 g FOUND 3 1/4" ALUM. 6 CAP IN RANGE BOXis I- }gypj, RD by &STAMPED LS #10855 W 9 RECP#2316784 - U ii" .c a°'c ® I ACQUIRED a It° i )` RIGHT—OF—WAY \\\\\\UIIIHII11I/J�� 1048.7 sf. N.`�,\ RE ii - o ti WIZ- 73 L 60' J�/ 1 _ . CO a� ROW J = 23520 CD' - 3 A �� CO . a O4 ID <,57 ::::.,; :". /-0:"§- ♦ e mull - o ..,—,aoo ` VJ ' , — o A I II POINT OF . '9t y =o o LN E BEGINNING cP A�Cq 0 s o ® = o-Poo X79 v te rr D BURG & SONS DAIRY I --.'elsJ 8 Q c e RECP#3554604 I N�ti SS a� O 9 ',0� 9 F =chv I N � � o Z 1 rul i CD I LINE TABLE I IT I N A H L1 NOO'42'30"W 52.44' coI . 3 L2 549'37'43"E 26.53' ® o I o C L3 500'42'30"E 52.44' I �^ I`t i L4 N49'37'43"W 26.53' CENTER EAST 1/16 COR. Ln -� FOUND 3 1/4" ALUM. CAP m10 9 L5 N86'33'35"E 30.03' IN RANGE BOX STAMPED -z LS #10855. I 71 I POINT OF COMMENCEMENT @ I 1 B % E----------1—4C----- / 0 fismfL 41 L MUCOUS- RECF#2801145 71 / RI V'TL4a SUE' 9 I A RECP#2403734 9 : 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. / WELD COUNTY PUBLIC WORKS RIGHT-OF-WAY ACQUISITION / a DEPARTMENT (4 ,1'4 WELD COUNTY ROAD 27 ORR wilgc BRIDGE PROJEC1 WELD COUNTY ROAD 27 PROJECT: SCALE; 1"=50' RRO C030-030 GREELEY, COLORADO COLORADO DATE: DRAWN BY: THB SHEET: 2of2 NNE 11,2008 Hello