Loading...
HomeMy WebLinkAbout20021373.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RIVER RUNS THROUGH IT, LLC, C/O DOUGLAS TIEFEL 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 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 River Runs Through It, LLC, do Douglas Tiefel, Manager, P.O. Box 17130, Boulder, Colorado 80308-0130, 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 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 River Runs Through It, LLC, do Douglas Tiefel, 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. 2002-1373 GEC' .' PGA gder • ' • EG0046 RE: AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WCR 13 - RIVER RUNS THROUGH IT, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of May, A.D., 2002. BOARD OF COUNTY COMMISSIONERS ���� WELD COUNTY, COLORADO ATTEST: LS �jr'�� 0-1-tA a Lit011.0 I E� � Gle ad, C air r Weld County Clerk to the :r:rd1861 t; ` f avid E. .ng, Pro-Tern Deputy Clerk to the Bo�, .0 r�A '� M. J. Celle t_T APPROVED AS TO RM: illiam H. Jerke 4ouy7 ( ��t = Robert D. IGlasden Date of signature: L"4 2002-1373 EG0046 1� AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN RIVER RUNS THROUGH IT, LLC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this Zo day of bt\oN, , 2002 by and between River Runs Through It, LLC., Douglas A. Tiefel, Manager whose address is PO Box 17130, Boulder,Colorado 80308-0130,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 13, 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 Grant the Right of Way and County agrees to Accept the Right-of- Way shown and/or described on Exhibit"A",attached hereto and hereinafter referred to herein as the "Right-of-Way". Owner has been advised that Owner could receive just compensation for said Right of Way, but wishes to donate said Right of Way and does not wish to receive compensation.The just compensation was 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. Page 1 of 3 Pages 1111111111111111111 III 11111111111111111 I I I V I I 111111111 2959193 06/07/2002 11:43A Weld County, CO 1 of 5 R 0.00 D 0.00 J.A. "Suki" 7sukamoto T0t62-/373 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 ofthe transfer ofthe Right-of-Way shall be the date ofthe delivery ofthe 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. 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 2002 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. Owner agrees to Grant to County, its successors and assigns, a Temporary ConstructionEasement,as shownand/ordescribedasEasementExhibit`B"attached hereto and herein after referred to as Easement, free and clear of all encumbrances, except existing easements. Owner has been advised that Owner could receive just compensation for Temporary Construction Easement but wishes to donate said Temporary Construction Easement to County and not receive just compensation. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding uponthe heirs,executors,administrators,successors,and assigns ofthe respective parties hereto. p�"e 2 of 3 Pages bLYLI'Ly; ; w of 5 R 0.00 D 0.00 J.4. "Suki" Tsukamoto IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: RIVER RUNS THROUGH IT, LLC 1: 10-161.-11,S A i ____ Douglas A. Tiefel, Manager TAX ID NUMBER: 8 `/-/5690/9 ATTEST: ""�„"a„/����'v" / BOARD OF COUNTY COMMISSIONERS ll / I�~� OF WELD COUNTY, STATE OF %;� 113414.{. COLORADO Weld County Clerk to the .ar t 1861 „o By: I BY: 4a11-4 Deputy Clerk to the Bo t4j9 Ht- Glenn Vaal,ttialrman (O5/29A164 1111111111131111U1111111111111111111 11111 1111 III I 2959193 06/07/2002 11:43A Weld County, CO 3 of 5 R 0.00 D 0.00 J.A. "Suki" Tsukamoto Page 3 of 3 Pages EXHIBIT A DESCRIPTION: A tract of land located in the Southeast Quarter of Section 36, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: Considering the east line of said Southeast Quarter as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the East 1/4 corner of said Section 36, a found 2-1/2" aluminum cap in a range box (L.S. 23500); thence along said east line South 00°1423" East 301.32 feet; thence South 87°01'53" West 30.04 feet to a point on the west right-of-way line of Weld County Road 13, also the POINT OF BEGINNING; thence along said right-of- way line South 00°14'23" East 428.10 feet; thence South 89°45'37" West 13.85 feet; thence North 02°04'23" West 224.56 feet; thence North 23°09'49" West 82.58 feet; thence North 00°52'22" West 125.00 feet; thence North 87°01'53" East 54.65 feet to the POINT OF BEGINNING. The above-described parcel contains 0.311 acres, more or less and is subject to all existing easements or rights of way of record or in place. May 9, 2002 Job # 114-006 A.rtf ARP I IIIIII VIII IIIIIII III IIIIIII VIII VIII III VIII IIII IIII 49ot15 R 0.00 0.001 J.A. "Sukii"" Tsuka oto • • r REPRESENTATION OF EXHIBIT A 1 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO — . . — . . — . . -R 68 W- -36 ; n —31 — R67W • — - POINT OF EAST 1/4 CORNER COMMENCEMENT SEC. 36, TWP. 3 NORTH, RANGE 68 WEST 2 1/2 " ALUM. CAP 1 o IN RANGE BOX POINT OF O I BEGINNING La r•i I La N L.S. 23500 N La N870/5 " 54.65, f3 587'01'53"W r7 30.04' PROPERTY LINE _ _ r ! a NO0'52'22"W 125.00' s z s 1 U i " aY —I d v m "' l . m I WEST RIGHT—OF—WAY N23'09'49"W a LINE WCR 13 82.58' ru ✓ `..u I o I a(x4al EAST LINE OF THE N I SOUTHEAST QUARTER OF SEC. 36 a 11 / a (BASIS OF BEARINGS - S 00'14'23" E) L 7 N '}G a o N O 0 Z in SCALE 1"=100' • I x MAY 9, 2002 ' I W w 589'45'37"W 13.85' . .- J `COPYRIGHT 0 2002 MOST EICICEP/IIIVOTICT SEAR BROWN R.PERKWS ‘SAINT PROJECT NO. a,=7:1x, Limn... SAINT VRAIN CREEK 8 WCR 13 BRIDGE 114-006 " ..x••a ar.r ra w• IA.LONG SEARSBROWN WELD COUNTY,COLORADO Oa CND,WPM tC10 LION.rCI.C 1"'"�,3,rK1. YOCL,R•"e'CO3 10 ORATING 140. raa,Mn.&a...row ar 1 of 1 " 209 South Meldrum Nomac ON MPS Pa a•�o• Ft Collins,CO.80521-2603 rm ax' aCut0 R.PERMS raxr xx.oa (970)482-5922 TITLE SEE PROJECdo, v�,uiT ICS. xrr mrux wx Fax(970)482-6368 REPRESENTATION OF EXHIBIT A wuam•a'r rm"•xa r1'=100' 3/14/0 www.searbrown.com I. 1 111111 VI111111111 III III 1111111111 III BE liti it — 2959193 06/07/2002 11:43A Weld County, CO DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that River Runs Through It, LLC., whose address is PO Box 17130, Boulder, Colorado 80308-0130, 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. Douglas A. Tiefel, Manager STATE OF COLORADO ) ) ss. COUNTY OF ui&- -O ) The foregoing instrument was acknowledged before me this Z 0 day of nnNi , 20 o1-7by Douglas A. Tiefel, Manager. Witness my hand and official seal. 0NI/NN' 'NNb'N 4N//a'/'b LEON n $ W SIEVERS S NOTARY PUBLIC s STATE OF COLORADO ir//irom//// r,,, H yown//OH, Notary Public My commission expires: o&-O,-a 5 11111111111 III III Mil 1111111111 111 11111 It IIII 2959194 06/07/2002 11:43A Weld County, CO 1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto Page 1 of 2 pages 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 May , 20 02 • ATTEST: Lille / COUNTY OF WELD, A BODY ; ire CLERK TO THE BOA' q, IE t�, CORPORATE AND POLITIC OF THE COUNTY COMMISS IS1E•Ja is STATE OF COLORADO THE COUNTY OF W! D 1861 0.,kr�1 I /J c p i � , ` a Deputy Clerk to the Boar. Glenn Vaad, Chair, (05/29/2002) BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 29th day of May ,20 02 ,by Glenn Vaad,Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official s-::10/PRV p N all DONNA J."O I 7 s BECHLER) , 7J1L/r' J tFpF Cp''''': My commission expires: Y1 Commission— frisks AX!l 14 IOOf Page 2 of 2 page 1 111111 11111 'till III 1111111 111111111111111331 'III 2959194 06/07/2002 11:43A Weld County, CO 2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto EXHIBIT A DESCRIPTION: - A tract of land located in the Southeast Quarter of Section 36, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: Considering the east line of said Southeast Quarter as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the East 1/4 corner of said Section 36, a found 2-1/2" aluminum cap in a range box (L.S. 23500); thence along said east line South 00°14'23" East 301.32 feet; thence South 87°01'53" West 30.04 feet to a point on the west right-of-way line of Weld County Road 13, also the POINT OF BEGINNING; thence along said right-of- way line South 00°14'23" East 428.10 feet; thence South 89°45'37" West 13.85 feet; thence North 02°04'23" West 224.56 feet; thence North 23°09'49" West 82.58 feet; thence North 00°52'22" West 125.00 feet; thence North 87°0153" East 54.65 feet to the POINT OF BEGINNING. The above-described parcel contains 0.311 acres,more or less and is subject to all existing easements or rights of way of record or in place. May 9, 2002 Job # 114-006 A.rtf ARP 111111111111111111111111111 11111 IIIII III (IIII IIII IIII 2959194 06/07/2002 11:43A Weld County, CO 3 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto I - REPRESENTATION OF EXHIBIT A 1 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 38, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO - . . - . . - . . -R68W- -36 . . 'I 4, i . . -31 — R67W — - POINT OF � EAST 1/4 CORNER COMMENCEMENT SEC. 36, TWP. 3 NORTH, RANGE 68 WEST 2 1/2 " ALUM. CAP I o I IN RANGE BOX POINT OF I o o I L.S. 23500 mmm BEGINNING I ' a I =00 N (N MIIMM—I'm NBTOt.53 f m = _-x 587'01'53"W O N 54.6g' Iq 30,04' -9- PROPERTY LINE _ _ I dY N00'52'22"W mmEr 0 125.00' I § 0 mim Di O .00 C i --N o I 00 =S O o g ci m , , A,d 0 WEST RIGHT-OF-WAY ri' LC N23'09'49"W a'41 a LINE WCR 13 g a 82.58' ' ( '; ern,.. ni _ace I N a, EAST LINE OF THE N ( SOUTHEAST QUARTER OF SEC. 36 a co °i� - a r., (BASIS OF BEARINGS — 5 00'14'23" E) atN 1 O i a o i M; vto ea P. o N v O 7-- in m SCALE 1"=100' I I x MAY 9, 2002 I I Li w 589'45'37"W > 13.85' z . N J cOPY"2cHr 02992 1 mum Io@/YPT[. N PROJECT PROJECT HO. SEAR BROWN. R.PERMS w.9"�. "gy""""m SEAR•BROWN SAINTVRAINCREEK&WCR 13 BRIDGE 114-006 ▪°.m•'.a , M,LONG WELD COUNTY,COLORADO [,. MOM"9. • too rm:ta rant 1 of 1 wv 209 Soule M91Erum FL 0)482,CO 92280521-2603 ` rt �2 m R.PERMS (9]0 462-5922 REPRESENTATION W"[29 m.•rn. .awmv u"[ .a.«"[art Fax(970)482-6368 OF EXHIBIT A Mg mole .�9[n[ WN"N.9981[)IOVT.CCIII[Ts.a2r.�rrtur C'-100' 3/14/0 195 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between River Runs Through It, LLC., whose address is PO Box 17130, Boulder, Colorado 80308-0130, Grantor 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, Grantee. Said Temporary Construction Easement is for use during the construction of improvements to Weld County Road #13, Saint Vrain Creek Bridge Replacement, CDOT#13495, in and to, over, under and across the following described land: See Easement Exhibit"A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on May 20, 2002, and shall expire and be of no further force or effect upon completion of said Weld County Road #13, Saint Vrain Creek Replacement, CDOT#13495 project. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Owner has been advised that Owner could receive just compensation for said Temporary Construction Easement, but wished to donate said Temporary Construction Easement and does not wish to receive compensation. 11111111111111111111111111 1111111111 III 11111 I11I IIII 2959195 06/07/2002 11:43A Weld County, CO 1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto Page 1 of 2 pages IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. Dated this 20 day of isAat , 2002. Douglas A. Tiefel, Manager River Runs Through It, LLC. TAX ID NUMBER: 3t/ - /509011 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. • ATTEST: auf, / COUNTY OF WELD, STATE OF COLORADO, GRANTEE i ♦ .n.. lea Deputy Clerk to the Bo'`Qp�q •;d Glenn Vaad, Chairman, oard of County Commissioners. (05/a9f?O3a) 1 11111 11111 1111111 III 1111111 IIIII 11111 III 111111111 IIII 2959195 4 /2002 IJ A"Sole Tsuka :43A Weki County, CO 2 of R 0.00 0 0.00 moto Page 2 of 2 pages EASEMENT EXHIBIT A DESCRIPTION: A tract of land located in the Southeast Quarter of Section 36, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: Considering the east line of said Southeast Quarter as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the East 1/4 corner of said Section 36, a found 2-1/2" aluminum cap in a range box (L.S. 23500); thence along said east line South 00°14'23" East 301.32 feet; thence South 87°01'53" West 84.68 feet to the POINT OF BEGINNING; thence South 00°52'22" East 125.00 feet; thence North 90°00'00" West, 10.00 feet; thence,North 00°52'28" West, 77.88 feet; thence,North 81°14'01" West, 79.75 feet; thence,North 02°24'38" West, 30.35 feet; thence,North 87°01'53"East, 89.50 feet to the POINT OF BEGINNING. The above-described parcel contains 0.098 acres, more or less and is subject to all existing easements or rights of way of record or in place. May 16, 2002 Job # 114-006 teA.rtf mpm HUM 11111 IIIIII1 Inn 11111 II'll III 11111 IIII III 2959195 06/07/2002 11:43A Weld County, CO 3 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto ' I REPRESENTATION OF EASEMENT EXHIBIT A 1 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 8TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO I I 1 I - . . - . . - . -R 68 W- • • -36 . -31 • - R 67 W • - � • - POINT OF 'C EAST 1/4 CORNER COMMENCEMENT ' SEC. 36, TWP. 3 NORTH, RANGE 68 WEST 2 1/2 " ALUM. CAP in o ' IN RANGE BOX — POINT OF ' L.S. 23500 = BEGINNING I A La Ki N w �V O N 87'01'53" E r^ aaaaa� m 89.50' > o PROPERTY LINE 87'01'53" W ��F 84.6 ' O I =v °a a �_ = N 02'24'38" W-" " w I O I a 30.35 N o �¢ N 8 I- —'e N 81'14'01" W ; L•oin Z =T� 79.75' 0 ' I o N 005228" W in • 9w I o 0 F... ' . '88' I 3 I moo 77 a \ I N-' I n o m WEST RIGHT-OF-WAY —oo NCO 0 N N 90'00'00" W LINE WCR 13 �:� 10.00' G in ov a M en in° 0 Cu _N"Cr N PROPOSED /EAST LINE OF THE RIGHT-OF-WAY SOUTHEAST QUARTER OF SEC. 36 I (BASIS OF BEARINGS - S 00'14'23" E) a. a. Q L W O G P up o r N • SCALE 1"=100' W MAY 9, 2002 r L> . s rn ` C0PYRIGHTO1W1 groan pnapr.rV"nr if I�q[tr SEAR-BRoxr p,pERKN5 mast*NO..mrmwor """" as SAINT VRAIN CREEK&WCR 13 BRIDGE 114-006 u,a.rwo-y wrn 11 LANG SEAR•BROWN WELD COUNTY,COLORADO R.tlC IAM CM1O M aeaaaYr NO. "OP—.FIN r"a"r Duos, 1 of 1 209 South Meldrum w..marrw r,r nr Assn. Ft.Collins.C080521-2603 maRrur arwra Rer.,u,`r,'�' "Puaamn R.PERKINS (9]0)482-5922 tau OF ESEN ,rr,a,q, WOK an,t .ro,ara,.n Fax:(970)482-6368 REPRESENTATION OF EASEMENT EXHIBIT A `xrarra or rid aura xMAIO ' 5/16/0 www.sear5rown.con MEMORANDUM Kit TO: Clerk to the Board DATE: May 20, 2001 FROM: Frank B. Hempen, Jr. 1 Director of Public Works/County Engineer CSUBJECT: Agenda Item COLORADO Please place the following item on the Board's next agenda: Enclosed is the Agreement, Deed of Trust, and the Easement with River Runs Through It, LLC for Purchase of Right-of-Way for Certain Improvements to WCR 13. Board approval is needed for the agreement and the Chair's signature is requested for the Deed of Trust and the Easement. The appropriate documentation is attached. Enclosures pc: Leon Sievers M:\W PFILES\Francie\AGENDA-7.1RC.wpd 2002-1373 Hello