HomeMy WebLinkAbout20022732.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER
TRAIL AND AUTHORIZE CHAIR TO SIGN - BUCKLEN EQUIPMENT COMPANY
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 for Donation of Property
for Poudre River Trail between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Bucklen Equipment Company, 804
North 25th Avenue, Greeley, Colorado 80631, 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 for Donation of Property for Poudre River Trail
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Bucklen Equipment Company be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ate,�® �n Ia`` EXCUSED DATE OF SIGNING (AYE)
a '" ' GI Vaad, Chair
Weld County Clerk to t
L r David E. Lon , Pro-Tem
BY: �- i . . � ,�i
Deputy Clerk to the Bo'*�.y,:� I�
M. J. Bile
APPROVED AS TO FORM:) 1 - ' I✓�, �/
1 , _ William H. Jerke
'aunty Attorney C
EXCUSED
I0/ Robert D. Masden
Date of signature: Q
Cc. 42(ek/e/7 dig 2002-2732
PR0023
• 508
AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER TRAIL
THIS AGREEMENT is entered into this .30 day of ≤e p+e..Je .2002, by and between
the County of Weld, a political subdivision of the State of Colorado,by and through the Board of
County Commissioners of the County of Weld,whose address is 915 10th Street, Greeley,
Colorado 80631, hereinafter referred to as"COUNTY,"and Bucklen Equipment Company,
whose address is , 804 N 25th Ave Greeley, CO 80631,hereinafter referred to as"BUCKLEN ."
WITNESSETH:
WHEREAS, COUNTY desires to obtain the right to construct and maintain a pedestrian
and non-motorized vehicular right-of-way(hereinafter referred to as "Right-of-Way"), as part of
the Poudre River Trail, across land owned by BUCKLEN in Section 31, Township 6 North,
Range 66 West of the 6`s P.M., and Section 36, Township 6 North, Range 65 West of the 6th P.M.
Weld COUNTY, Colorado, and
WHEREAS,BUCKLEN desires to donate Right-of-Way to COUNTY, in fee, upon
COUNTY meeting certain terms and conditions stated herein, and
WHEREAS, COUNTY desires to accept said donation as stated herein.
NOW, THEREFORE, in consideration of the premises and the following mutual
covenants, the parties hereto have agreed as follows:
1. DONATION OF STRIP OF RIGHT-OF-WAY: BUCKLEN agrees to donate via Special
Warranty Deed(without compensation) to COUNTY and COUNTY agrees to accept the
Right-of-Way. Said Right-of-Way shall be used by the public and maintained by the
COUNTY for the purpose of conveyance by pedestrians and non-motorized vehicles.
BUCKLEN understands and agrees that said Right-of-Way may also be used by police,
emergency, and maintenance motorized vehicles, and by mounted police,when necessary.
The parties agree that the Right-of-Way shall consist of a strip of land, not less than
thirty-five(35) feet wide, extending across BUCKLEN's property generally in an east to
west direction. The path of the Right-of-Way is generally shown on the plat which is
attached hereto as Exhibit"A;"however, the exact location and width of the Right-of-
Way shall be mutually determined by the parties prior to the date of closing. BUCKLEN
agrees to grant the Right-of-Way by a Special Warranty Deed , on a form acceptable to
COUNTY, free and clear of all encumbrances, except for existing easements, and rights-
of-way of record, if any, including,without limitation, any utilities currently in place.
Said Special Warranty Deed shall be executed promptly upon completion of a survey plat
of the Right-of-Way,paid for by COUNTY,which shall show the exact location of the
Right-of-Way and provide a legal description thereof. The parties further agree that said
Special Warranty Deed may be recorded separately from this Agreement,but shall be
At-
Page 1 of5,Pages
1111111111111111111 IIII 1111111111111111 III 11111 IIII IIII 2002-2732
2998508 10/23/2002 11:51A Weld County, CO
1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
subject to and shall not merge with the terms of this Agreement.
2. NON-INTERFERENCE WITH MINING ACTIVITIES: BUCKLEN is currently
permitted to mine property located in Sections 36, Township 6 North,Range 66 West of
the 6th P.M., and Section 35, Township 6 North, Range 65 West of the 6th P.M., Weld
COUNTY, Colorado, through Site Plan Reviews 186 and 224; Special Review Permits
513 and 1001; and through Flood Hazard Development Permits 113, 171, and 201,
issued by COUNTY, and through permit(s) issued by the State of Colorado Division of
Minerals and Geology("DMG"). BUCKLEN and COUNTY agree to work together to
resolve conflicts arising from the Trail's location that may impair or impede
BUCKLEN's ability to mine said property or reclaim the same. Any costs associated
with Trail closure or repairs to the Trail arising from the resolution of said potential
conflicts will be borne by the COUNTY. BUCKLEN further agrees to revise or amend
its permit issued by DMG, if necessary, to show or acknowledge the Right-of-Way.
COUNTY agrees that BUCKLEN shall have access over and across the Right-of-Way
for the purpose of conducting said mining operations and reclamations activities with
vehicles other than those specified in Paragraph 1., above. COUNTY further agrees that
BUCKLEN may construct and maintain future drainage structures across the Right-of-
Way, if necessary for discharge to the Cache la Poudre River, as long as such structures
do not impair or impede the ability of the public to use the Right-of-Way for conveyance
by pedestrians and non-motorized vehicles. Any such drainage structures shall be
constructed at the sole expense of BUCKLEN; however, damage to the improvements
along the Right-of-Way caused the crossing of such drainage structures shall be sole
expense of COUNTY.
3. REFERRAL TO WELD COUNTY ASSESSOR'S OFFICE: COUNTY agrees that upon
closing, the Weld COUNTY Assessor's Office shall be notified of the completed
transaction and that the Right-of-Way is no longer owned or controlled by BUCKLEN .
4. TRANSFER OF RIGHT-OF-WAY NOT CONSIDERED LAND-SPLIT: and COUNTY
acknowledge that the transfer of ownership of the Right-of-Way shall not be considered
as a split of the property owned by BUCKLEN , such that it neither violates the
subdivision regulations of the Weld COUNTY Code, nor does it create a separate
remaining parcel.
5. DONATION IN LIEU OF CONDEMNATION--APPRAISAL: The parties agree that
said Right-of-Way is being acquired by COUNTY in lieu of condemnation. COUNTY
shall obtain an appraisal of the value of the Right-of-Way donated to COUNTY by
BUCKLEN promptly upon completion of the survey referred to Paragraph 1., above, and
prior to the end of calendar year 2002.
6. VEHICLE RESTRICTIONS ON RIGHT-OF-WAY: COUNTY agrees to restrict access
on the Right-of-Way such that motorized vehicles other than those described in Paragraph
H-
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2998508 10/23/2002 11:51A Weld County, CO
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1., above, cannot enter upon said Right-of-Way.
7. FENCING: COUNTY shall, at COUNTY's sole expense, construct and maintain fencing
between ROW and BUCICLEN's property. Fencing shall be a chain link fence per
Exhibit B.
8. SIGNAGE: COUNTY shall establish and maintain all appropriate signs to prohibit
unleashed pets on the Right-of-Way or unauthorized use of the Right-of-Way by the
public. COUNTY agrees to post signage at both ends of BUCICLEN's property
acknowledging the property donation by BUCICLEN; such signage and the language
therein shall be approved, in writing, prior to placement,by BUCKLEN.
9. CONSTRUCTION OF TRAIL ON RIGHT-OF-WAY: COUNTY shall be solely
responsible for construction of the trail on the Right-of-Way, including control over and
safety of all workers. COUNTY shall inform all workers and volunteers that
unauthorized trespassing on BUCKLEN's property is prohibited.
10. ENTIRE AGREEMENT: 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.
11. RIGHT TO POSSESSION: 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 BUCKLEN,
COUNTY, its contractors, agents, employees, if any, and all others deemed necessary by
COUNTY shall have the irrevocable right to possess and use all of the Right-of-Way, if
deemed necessary by COUNTY for the purpose of construction or maintenance of said
Right-of-Way, or by the public if said Right-of-Way is ready for conveyance by
pedestrians or by non-motorized vehicles.
12. WARRANTY OF TITLE: BUCKLEN warrants that it is the owner of the Right-of-Way
and will defend title thereto against all claims.
13. TAX APPORTIONMENT: BUCKLEN represents and warrants that all general taxes
levied against the Right-of-Way prior to such year have been paid in full by BUCKLEN
14. SEVERABILITY: If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent,be held invalid or
unenforceable, the remainder of this Agreement, or the application of such terms or
Page 3 of'5LPages
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2998508 10/23/2002 11:51A Weld County, CO
3 of 4 R 0.00 D 0.00 J.A. "8ukl" Tsukamoto
provisions, to a person or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
15. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this Agreement .
16. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all rights
of action relating to such enforcement, shall be strictly reserved to the undersigned parties
and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be an incidental beneficiary only.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall
extend to and be binding upon the heirs, executors, administrators, successors, successor by
merger, and assigns of the respective parties hereto.
IN WITNESS WHEREOF,the parties have set their hands on the day and year first above
written.
ATTEST: BUCKLEN EQUIPMENT COMPANY
By:
rate Secretary Title:
Pme_stde 4-
ATTEST: COUNTY OF WELD, a political subdivision
CLERK TO THE BO A r, O`er<< of the STATE OF COLORADO
COUNTY COMMIS•
,
By: By:_Aikw
Deputy Clerk to the `ii7 tV 1 Glenn Vaad,Chairman,Board of County
Commissioners of Weld County,
Colorado (10/09/2002)
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2998508 10/23/2002 11:51A Weld County, CO
4 of 4 R 0.00 0 0.00 J.A. "Suki" Tsukamoto
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