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Home My WebLink About20062446 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 74 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - HES, 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 Weld 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 HEs, LLC, 9217 Eastman Drive#100,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 Weld 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 HEs, 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 6th da tember, A.D., 2006. E LdAN BOARD OF C NTY COMMISSIONERS 'WELD COU , COLORADO ATTEST: atell : " ��I✓ At :°9`M. J. ile, Chair Weld County Clerk to the UVIvt " C BY: cur 1 (mCL David E. Long, Pro-Tem Dep t Clerk 'the Board "1 Will' H. Jerke APPR DASTO ( . f\ v�\�_ 1� Robert D. Masd n �./ Zv U my Attorney �U Glenn Vaad Date of signature: (I/2 7(OC,. 2006-2446 ee . A ), COL "gp,) EG0054 a MEMORANDUM WI ID C TO: Clerk to the Board DATE: 8/31/2006 FROM: Frank B. Hempen, Jr., P. E. COLORADO Director of Public Works/County Engine SUBJECT: Agenda Item For Board approval, Chair's signature, and recording: Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 74 with HEs, LLC, A Limited Liability Company. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Leon Sievers, Right-of-Way Agent M:\FrancieWgendd.eon.doc 2006-2446 • 6/ AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 74 BETWEEN HEs, LLC, A LIMITED LIABILITY COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this a day of , 2006, by and between HEs, LLC whose address is 9217 Eastman Dr. # 100 Windsor, 0 0550 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 10th Street, Greeley, Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, County fmds 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 in Exhibit"A",attached hereto and hereinafter referred to herein as the"Right- of-Way" for the sum of FOUR THOUSAND TWO HUNDRED FORTY THREE and 00/100($4,243.00)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. 1 11111 11111 111111 11111 IIII1111111 III1111111111111 3425639 10/06/2006 12:52P Weld County, CO 1 of 6 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. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2006 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 and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. County agrees to compensate the Owner the sum of EIGHT HUNDRED SIXTY ONE and 00/100($861.00)dollars for restoration costs-cost to cure(replace fencing).Owner has the right to remove existing fence within the new right of way with the understanding that removal must be completed before the start of construction.If the fence has not been removed prior to the start of construction, County will remove existing fence during construction of the roadway project. 1 111111 1111111111 11111111111 till 1111111 III 11111 Ill!lilt 3425639 10/06/2006 12:52P Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2 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: HEs,LLC, a LIMITED LIABILITY COMPANY ,s, LLG By: • Date: ro.‘ Al LESTL , ,/ , G /] OARD OF COUNTY COMMISSIONERS / �(M�! WELD COUNTY, STATE OF Weld County Clerk to the Board , ltst t ` By: E A _ vBY: ✓ Dep Clerk the Board M.J. Geile, Chair P 0 6 2006 3 In lull IIII\IIIIII U IIII�lIt 3425639 10/06/2006 12:52P (e, 2yye,i 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk&Recorder DEED DESCRIPTION PARCEL 6 SHEET 1 OF 3 A PORTION OF LOT"B"AS DESCRIBED IN RECORDED EXEMPTION NO.0807-4-2 RE-3568 RECORDED NOVEMBER 14,2003 UNDER RECEPTION NO.3126892 IN THE RECORDS OF WELD COUNTY,SAID PARCEL SITUATED IN THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,STATE OF COLORADO,DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:BEARINGS ARE BASED UPON NAD 83/92,COLORADO STATE PLANE NORTH ZONE WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 67 WEST BEARING N 01°22' 16"W BETWEEN A 3.25"ALUMINUM CAPPED MONUMENT MARKED WITH PLS#34995 ON THE SOUTHERLY END AND A 3.25"ALUMINUM CAPPED MONUMENT MARKED PLS#22098 ON THE NORTHERLY END. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4, THENCE N89°16'52"E,ALONG THE NORTH LINE OF SAID SECTION 4, 1189.30 FEET TO THE NORTHEAST CORNER OF SAID LOT"B"; THENCE S 20°13'00"E,ALONG THE EAST LINE OF SAID LOT"B",63.66 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF A SPECIAL WARRANTY DEED RECORDED DECEMBER 11, 1991 IN THE RECORDS OF THE COUNTY OF WELD AT RECEPTION NO. 02271912,ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH S 20°13'00" E,ALONG SAID EAST LINE, 10.60 FEET TO A POINT 70.00 FEET AS MEASURED AT RIGHT ANGLES,SOUTHERLY FROM SAID NORTH LINE; THENCE S 89°16'52" W,PARALLEL WITH SAID NORTH LINE,418.84 FEET TO A POINT ON THE WEST LINE OF SAID LOT"B"; THENCE N 00°43'08" W,ALONG SAID WEST LINE,40.00 FEET TO A POINT 30.00 FEET AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM SAID NORTH LINE; THENCE N 89°16'52" E,PARALLEL WITH SAID NORTH LINE,359.87 FEET TO A POINT ON A NON- TANGENT CURVE WHENCE THE CENTER OF SAID CURVE BEARS S 27°55'44"W,ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID SPECIAL WARRANTY DEED; THENCE SOUTHEASTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 245.00 FEET AND A CENTRAL ANGLE OF 12°19'04", 52.67 FEET; THENCE N89°16'52"E, PARALLEL WITH SAID NORTH LINE, 12.26 FEET TO THE POINT OF BEGINNING; CONTAINING 15,664 SQUARE FEET OR 0.3596 ACRES,MORE OR LESS. 1111111 VIII VIII 111111 VIII IIII 1111111 III VIII IIII IIII 3425639 1010612006 4 of 6 R 0.00 p 0.00 Steve Moreno Clerk DEED DESCRIPTION PARCEL 6 SHEET 2 OF 3 I, STEVEN A.DYNES,A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A.DYNES,PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO.24949,FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 8055 EAST TUFTS AVENUE, SUITE 850 DENVER,COLORADO 80237 303-692-8838 THIS DEED DESCRIPTION WAS PREPARED ON JANUARY 25,2006. IIIIIIIVIIIVIIIIIIIIIVIIIIIIIIIIIIIIIIIVIIIIIIIit 34239 100 5 of56 R 0/.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT MAP PARCEL 6 W.C.R. 74 u I � �tt��t�,l ST FOE OHN R WNER OWNER 4ad�-Wc EGA4i0.1-bv3)324J7` Image\W01 tlF• P:\2O04A iatr 74 Hwy >-- 3 I = I � � I I / I OWNER I HES, LLC LOT 'B" RECORDED EXCEPTION NO. 0807-4-2 RE-3568 - REC. NO. 3126892 1 / noo I 4 c4.y�`�A' °y �o 24949 2OO O 4OO •I I SCALE: 1" = 4OO' SAL LAS VII HE VIII 111111 VIII I'll 1111111 III IIIII IIII I'II 3425639 10/06/2006 12:52P Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder r Farnsworth WELD COUNTY PUBLIC WORKS DEPARTMENT Project No:304078.01 1111 H STREET, P.O. BOX 758, GREELEY, CO ,?�by [AM SAD GROUP TUATED IN SECTION 4, TOWNSHIP 6 NORTH, Dote: 01/25/06 01/25/06 8055 EAST TUFTS AVENUE, SUITE IR- GE 67 WEST OF THE 6TH PRINCIPAL MERIDI vised: DENVER, COLORADO 80237 rOUNTY OF WELD, STATE OF COLORADO (303) 692-8838 / (303) 692-0470 Ftllc 1 OF 1 0 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that HEs, LLC, A COLORADO LIMITED LIABILITY COMPANY, being all of the owners of certain property in Weld County, Colorado which is described in the attached Exhibit "A", do hereby dedicated 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 the 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 shall also retain any and all water rights currently attached or associated with the Right of Way. Robert E. Ehrlich ager of HEs, LLC, A COLORADO LIMITED LIABILITY CO ANY State of Colorado) ) ss: County of Weld ) The foregoing instrument was acknowledged before me this day of October, 2006 by: Robert E. Ehrlich, Manager of HEs, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. SpR� P�9 �. . o ..:............:lid, .. . . . Notary Public MEUNDA DUALANDRI a My commission expires: \0.0'C .....'9 Mk r^nv,rs,u,'::�piree: 111111111111111111111111 1113111111111 11111 I I I�l l 1111 3430472 10/27/2006 01:19P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder et cc59 �c : Pw, fL , !l-PPS- DEED DESCRIPTION PARCEL 6 SHEET 1 OF 3 A PORTION OF LOT"B"AS DESCRIBED IN RECORDED EXEMPTION NO.0807-4-2 RE-3568 RECORDED NOVEMBER 14,2003 UNDER RECEPTION NO.3126892 IN THE RECORDS OF WELD COUNTY, SAID PARCEL SITUATED IN THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,STATE OF COLORADO, DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:BEARINGS ARE BASED UPON NAD 83/92,COLORADO STATE PLANE NORTH ZONE WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 67 WEST BEARING N 01°22' 16"W BETWEEN A 3.25"ALUMINUM CAPPED MONUMENT MARKED WITH PLS#34995 ON THE SOUTHERLY END AND A 3.25"ALUMINUM CAPPED MONUMENT MARKED PLS#22098 ON THE NORTHERLY END. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4, THENCE N89°16'52"E,ALONG THE NORTH LINE OF SAID SECTION 4, 1189.30 FEET TO THE NORTHEAST CORNER OF SAID LOT"B"; THENCE S 20°13'00"E,ALONG THE EAST LINE OF SAID LOT"B", 63.66 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF A SPECIAL WARRANTY DEED RECORDED DECEMBER 11, 1991 IN THE RECORDS OF THE COUNTY OF WELD AT RECEPTION NO.02271912,ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH S 20°13'00" E,ALONG SAID EAST LINE, 10.60 FEET TO A POINT 70.00 FEET AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM SAID NORTH LINE; THENCE S 89°16'52"W,PARALLEL WITH SAID NORTH LINE,418.84 FEET TO A POINT ON THE WEST LINE OF SAID LOT"B"; THENCE N 00°43'08"W,ALONG SAID WEST LINE,40.00 FEET TO A POINT 30.00 FEET AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM SAID NORTH LINE; THENCE N 89°16'52"E,PARALLEL WITH SAID NORTH LINE,359.87 FEET TO A POINT ON A NON- TANGENT CURVE WHENCE THE CENTER OF SAID CURVE BEARS S 27°55'44"W, ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID SPECIAL WARRANTY DEED; THENCE SOUTHEASTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 245.00 FEET AND A CENTRAL ANGLE OF 12°19'04", 52.67 FEET; THENCE N89°16'52"E,PARALLEL WITH SAID NORTH LINE, 12.26 FEET TO THE POINT OF BEGINNING; CONTAINING 15,664 SQUARE FEET OR 0.3596 ACRES,MORE OR LESS. 111111 VIII 11113 1111111 III 11111 III III 11111 llll I'll 3430472 10/27/2006 01:19P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DEED DESCRIPTION PARCEL 6 SHEET 2 OF 3 I, STEVEN A.DYNES,A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A.DYNES,PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO.24949,FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 8055 EAST TUFTS AVENUE, SUITE 850 DENVER,COLORADO 80237 303-692-8838 THIS DEED DESCRIPTION WAS PREPARED ON JANUARY 25,2006. 1 111111 11111 11111 1111111 III VIII 1111111 III Milli IIII 3430472 10/27/2006 01:19P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder P EXHIBIT MAP u PARCEL 6 I W.C.R. i / I I I r-. 4-�4",I STOUFFER, OHN \ OWNER ai-A . O.!-39,5 2a j57 Image\W01.- f P:\2O04\R i' 26I2.,- '"`, � I I 1 DEB I I HES, LLC LOT "B" a� I RECORDED EXCEPTION NO. 0807-4-2 RE-3568 I o I REC. NO. 3126892 co- /co vatf — I 4- =U i .Vo 2 OMNI 0J mo ) A • � 'o _O.. › cn cu • (-) .4, 't,'. '° t• N - TV] / c.'J tP 1 I •i ' 24949 : g i 200 0 400 ". I iIiiii N . I .�� j •' SCALE: 1" = 400' �o -N a, �'�. A>! LAS-" T � cc -O4 L1J i M▪ - fi t WELD COUNTY PUBLIC WORKS DEPARTMENT Project No:304078.01 j Farnsworth 1111 H STREET, P.O. BOX 758, GREELEY, CO 8 d ;AD GROUP I QS.LTUATED IN SECTION 4, TOWNSHIP 6 NORTH, Dote: 01/25/061 8055 EAST TUFTS AVENUE, SUITE GE 67 WEST OF THE 6TH PRINCIPAL MERIDIAK'"sed: DENVER, COLORADO 80237 COUNTY OF WELD, STATE OF COLORADO (303) 692-8838 / (303) 692—{0470 Fpic i OF 1 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 �/49 day of October, 2006. ATTEST: f"'" ��'v`� ,r E 11.2. ` COUNTY OF WELD, A BODY CLERK TO THE BOARD OF� s COPRORATE AND POLITIC OF COUNTY COMMISSIONE 18 61 efs ?j $,THE STATE OF COLORADO OF THE COUNTY OF WEL,e J ') � � � By: '// . S' S �e� ; sl v � By: 2?%4 i Deputy Cler the :oard M. J. Geile, Chair BOARD OF COUNTY COMMISSIONERS OF THE OF THE COUNTY OF WELD STATE OF COLORADO) )SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I C' day of C October, 2006 by M. J. Geile, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. .`�PR�,PUB��y1 VSI- :. t MELINDA • '�� Notary Public i GUALANDRI tItv'1;• gp�i My commission expires: ( t i •C ttt1 PF OF CQtck My Commission Aires: 1111111111111111111111 11111111131 11111111111 IIII 3430472 10/27/2006 01:19P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello