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
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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
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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
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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
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BEGINNING La r•i
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54.65, f3 587'01'53"W
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PROPERTY LINE _ _ r
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NO0'52'22"W
125.00' s z
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N23'09'49"W a LINE WCR 13
82.58'
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PROJECT NO.
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SAINT VRAIN CREEK 8 WCR 13 BRIDGE 114-006
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— 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
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2959194 06/07/2002 11:43A Weld County, CO
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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
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ARP
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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
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587'01'53"W O N
54.6g' Iq 30,04' -9-
PROPERTY LINE _ _ I dY
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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
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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
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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
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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
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89.50' > o
PROPERTY LINE
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84.6 ' O I =v
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30.35 N o �¢
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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
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