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Home My WebLink About20022945.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13, ACCEPT TEMPORARY CONSTRUCTION EASEMENT AND DEED OF DEDICATION, AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS -VARRA COMPANIES, INC. 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, on October 16, 2002, the Board was presented with an Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 13, a Temporary Construction Easement, and a Deed of Dedication 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 Varra Companies, Inc., do Christopher Varra, P.O. Box 2049, Broomfield, Colorado 80038-2049, with terms and conditions being as stated in said agreement, easement, and deed, and WHEREAS, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13, the concurrence of three of the members of the Board is required to approve a Resolution, and the motion to approve said agreement, easement, and deed received only one vote and therefore failed, and WHEREAS, following a work session with staff on October 28, 2002, the Board, by unanimous consent, deemed it advisable to reconsider the matter, and WHEREAS, after review, the Board deems it advisable to approve said agreement, and accept said Temporary Construction Easement and Deed of Dedication, copies of which are 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 Varra Companies, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Temporary Construction Easement, and Deed of Dedication 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 Varra Companies, Inc., be, and hereby are, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. :%C; / ' ≤) 2002-2945 EG0046 RE: PURCHASE RIGHT-OF-WAY FOR WCR 13, TEMPORARY CONSTRUCTION EASEMENT, AND DEED OF DEDICATION - VARRA COMPANIES, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of November, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: gay I /// ' /� /,/ •, • E /AAA /441 �ne yF \ GI e aad, Chair Weld County Clerk a,to th rr - 4 �\ . . David E. ong, Pro-T7 Deputy Clerk to the Boa4 . J. Geile APPROVED-AS TO FORM: 1� L - William H. Jerke uity Forney EXCUSED DATE OF SIGNING (AYE) /1/ Robert D. Masden Date of signature: 2002-2945 EG0046 095 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN VARRA COMPANIES, INC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this I/ t day of_ Odohe c,2002,by and between Varra Companies, Inc., Christopher L. Varra, President, whose address is PO Box 2049, Broomfield, Colorado 80038-2049, 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 finds it necessary to rebuild and improve Weld County Road 13, and WHEREAS, Owner owns the property described in the attached Exhibit"B-A" and Exhibit "B-B", 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 of a new bridge and roadway approaches, 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 on Exhibit "B-A" and Exhibit "B-B", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Ten Thousand Seven Hundred and no/100($10,700.00)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. 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 Page 1 of 3 Pages 1111111111111111111111111111111111111111111111111111111 3008095 11/22/2002 11:56A Weld County, CO 1 of 7 R 0.00 0 0.00 J.A. "Suki" Tsukamoto ,200O-29ys 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. 6. Owner warrants that it 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 execute a Temporary Easement, in favor of Weld County for the grading and reconstruction of the existing driveway. Weld County will reimburse the Owner the sum of Three Hundred and no/100($300.00) dollars for this Temporary Easement. 9. Weld County will remove the existing right of way fence south of St. Vrain Creek and reinstall along the new right of way line. Owner to remove the existing berm that is presently adjacent to the existing right of way fence and return the grade to the elevation that existed prior to the construction of the berm. Said berm shall be removed prior to January 1,2003. Weld County will remove the existing white vinyl fence north of St. Vrain Creek and reinstall along the new right of way line. 10. Weld County will construct a new driveway, south of the St. Vrain Creek, that will be approximately 200 feet south of the existing driveway. Weld County will construct the driveway from the new roadway to the new right of way line. Owner is responsible for any grading necessary beyond the right of way line.Owner is allowed to cross Weld County Road 13 during construction of the bridge project and will coordinate crossing times with the Bridge Contractor during times of final grading and asphalt placement. Said crossing will be permitted from the new driveway location and allowed to cross at the most direct route as possible to minimize the impacts to the bridge construction project. Page 2 of 3 Pages 111111111111111111111111111 III 11111111111 11111 IIII IIII 3008095 11/22/2002 11:56A Weld County, CO 2 of 7 R 0.00 0 0.00 J.A. "Suki" Tsukamoto 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: VARRA COMPANIES, INC. CH TOPHER L. VARRA PRESIDENT TAX ID NUMBER: - O75 7CYao ATTEST: LIP J 1 � BOARD OF COUNTY COMMISSIONERS "��11 OF WELD COUNTY, STATE OF el COLORADO Weld County Cler tot t ti- c„c342I ITCAII By:r_,�.� z� rte- 1�, BY: Deputy Clerk to the : !.,iJ �� David E. Long, Chair o-Tem (//-y-'2C°4 Page 3 of 3 Pages 11111111111111111111IIII II11 III 11111111111 11111 1111 IIII 3008095 11/22/2002 11:56A Weld County, CO 3 of 7 R 0.00 D 0.00 J.A. "Suki" Tsukamoto au- 7/ys— EXHIBIT B-A DESCRIPTION: A tract of land located in the Southwest Quarter of Section 31, Township 3 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: Considering the west line of the Southwest Quarter of said Section 31 as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the West 1/4 corner of said Section 31, a found 2-1/2" aluminum cap in a range box (L.S. 23500); thence along the north line of said Southwest Quarter South 89°19'16" East 30.00 feet to a point on the east right-of-way line of Weld County Road 13, also the POINT OF BEGINNING; thence continuing along said north line South 89°19'16" East 89.54 feet; thence South 03°59'08" East 234.24 feet; thence South 52°00'05" West 82.00 feet; thence South 00°14'23" East 224.84 feet; thence South 89°45'37" West 20.00 feet; thence South 00°14'23" East 220.49 feet; thence South 89°45'37" West 20.00 feet to said east right-of-way line; thence along said right- of-way line North 00°14'23" West 730.72 feet to the POINT OF BEGINNING. The above described parcel contains 0.914 acres, more or less and is subject to all existing easements or rights of way of record or in place. September 18, 2002 Job # 114-006 B-A.rtf ARP/KJL 1111111111111111111111111111 III111111II III11111 Ell 1111 3008095 11/22/2002 11:56A Weld County, CO 4 of 7 R 0.00 D 0.00 J.A. "Suki" Tsukamoto /a REPRESENTATION OF EXHIBIT B-A A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO II I it 0 0 ofz ,� _ ' '//J I I • POINT OF COMMENCEMENTI / SANITARY SEWER EASEMENT I WEST 1 4 CORNER _ ST. VRAIN SANITATION DISTRICT / RECEPTION NO. 2787289 SEC. 31, TWP. 3 NORTH RANGE 67 WEST 2 1/2" ALUM. CAP I I 0S 89'19'16" E kt xi i SCALE 1"=200' IN RANGE BOX I 41 I 89 54' SEPTEMBER 18, 2002 L.S. 23500 NORTH LINE OF — — • —R 68 W• • 36— ' • • == 31• - —R 67 W—SW 1/4 SEC,31 S 03'59'08" E E S 89'19'16" E 234.24' a 30.00' I i rfOlkitler ' 2 POINT OF 1 BEGINNING ' - N N 00'14'23" W trwr4A ,' m 730.72' S 52'00'05" W 82.00' WEST ST A TER 3 SOUTHWEST QUARTER Q OF SECTION 31 (BASIS OF BEARINGS - S 00'14'23" E) S 00'14'23" E cu 4P: 224.84' 0 S 89'45'37" W m I 20.00' I n o. S 00'14'23" E 0 ofl 220.49' Y I>I I I11 MIIIII1111111IIIIIIt III III III IIIIIIIIIHI 20.04537 W 3008095 11/22/2002 11:56A Weld County, CO �I I EAST RIGHT-OF-WAY 5 of 7 R 0.00 D 0.00 J.A. "Suki" Tsukamolo LINE WCR 13 I ' I • co%RIGHT®zoo: crs, w�wwr,n PROJECT PROJECT M. sri.uaxoum f R.PERKW$ LSEAR•BROWN� WELD COUNTY, EEK&WCR 13 BRIDGE 114-006 14:4.."="`<=1:1,E. I"'aao"""'°°' COUNTY,COLORADO M.LANG .b swE.w To n oxaaxO NO. 20u�Mmawna,n,nr 1 of 1 Ft. South MelCO ,urs,aounbra a"bw Ft Collins,CO 80521-2603 vtrranaam w rxro IK.LYON Trtc[a roaaac b w CI Yu an"a (970)482-5922 onmr-urao L-rnm,wv Iin" raaw wrt Fax(970)482-6368 REPRESENTATION OF EXHIBIT B-A ',soma'>"C rro" IP200' rb9/13/02 www searbrown com • EXHIBIT B-B DESCRIPTION: A tract of land located in the Northwest Quarter of Section 31, Township 3 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: Considering the west line of the Southwest Quarter of said Section 31 as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the West 1/4 corner of said Section 31, a found 2-1/2" aluminum cap in a range box (L.S. 23500); thence along the south line of said Northwest Quarter South 89°19'16" East 30.00 feet to a point on the east right-of-way line of Weld County Road 13, also the POINT OF BEGINNING; thence along said east right-of-way line North 00°14'23" West 0.48 feet; thence continuing along said line North 00°14'01" West 578.78 feet; thence North 89°45'59" East 10.00 feet; thence South 00°14'01" East 264.01 feet; thence South 09°09'44" East 166.39 feet; thence South 48°59'40" East 61.68 feet; thence South 03°59'08" East 111.88 feet to the south line of said Northwest Quarter; thence along said south line North 89°19'16" West 89.54 feet to the POINT OF BEGINNING. The above-described parcel contains 0.421 acres, more or less and is subject to all existing easements or rights of way of record or in place. Sept.18, 2002 Job # 114-006 B-B.rtf ARP/KJL 56A Weld CountY, CO 110111111111111111111111111111111111 101111111111111IIIIIIIIIIIIIIIIIIII III 1141111 N 3008095 1112212002J Sukl Tsukamolo 6 of 7 R 0.00 0 0.00 .A. / REPRESENTATION OF EXHIBIT B-B 1 A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO IN 89'45'59" E 36 31 10.00' R 68 W Ii, N R 67 W O o ff P I , rS . r1 s . A Si •Erii A O 3 - I O I. Z I A M sea; I O J SANITARY SEWER EASEMENT O I :: ST. VRAIN SANITATION DISTRICT is RECEPTION NO. 2787289 6-I Z N- N o5 1O £ 8I � en't C 0 >, 0 0 I ; ea?. N 0 pT 0 T m m a .. h A C EAST RIGHT—OF—WAY LINE WCR 13 I o " .R�ss m z itiniVairo. I m e 03 i in ."o WEST 1/4 CORNER N 00'1 '23" W o 1 o SEC. 31, TWP. 3 NORTH a48' I LT RANGE 67 WEST sx ' � ^ o m 2 1/2" ALUM. CAP S 8919'16" E :w ' ' ° I 0o P srn:`. mmr �..1 N RANGE BOX 30.00' m I< '{ SOUTH LINE OF L.S. 2 . . ;, // I NW 1/4 SEC.. (: �� POINT OF F22.1- I' COMMENCEMENT - """� � N 89'y9' " W x 'I 444{ WEST LINE OF THE �f 89.5 w SOUTHWEST QUARTER 14 > OF SECTION 31 T o N. (BASIS OF BEARINGS - S 0014'23" E) ; O• P I (Iof I I BEGINNING �I, /��j�f4 ' COPYRIGHT Czmz rtl[CTE T•r.ann PC, NPROJECT N.SPAR BROW\ IR.PERKINS NT VRAIN CREEK&WCR 13 BRIDGE"'°"r1 SEAR•BROWN 114-006 IRS..a.mry tt.t un1 LD COUNTY,COLORADO ia Mfil Km Want N.LANG RCTbte MN=.anv. OWING NO. AMMO.POt 1�9+1'T WORMS TI YIP a°TN°'T.6°°°'v° 209 South Meldrum 1 of 1 ay..yy+myna T�"'N' 1 Ft Collins,CO.80521-2603 D SSNF SMS ZSRL.,TO fir" (9]0)462-5922 TITLE Or D$AnC 4Tee;4+•+��,,,n _ _ F F >•nnnu (I -B �a�T: I KGr .9 /G2 Fax n3m 1111111 IiiII DlIIII IIIHI IIIII I IIIIIIII III III Till IIII 3006095 11/22/2002 11:56A Weld County, CO 7 of 7 R 0.00 D 0.00 J.A. "Suki" Tsukamoto • o_ DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Varra Companies, Inc., whose address is PO Box 2049, Broomfield, Colorado 80038-2049, being all of the owners of certain property in Weld County, Colorado, which is described in the attached Exhibit "B-A" and Exhibit"B-B", does 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. s7L Varr9Companies, Inc Christopher L. Varra, President STATE OF COLORADO ) ) ss. COUNTY OF vJ e k1 ) The foregoing instrument was acknowledged before me this -/-J 'day of 00-4nAPr , 200a, by Varra Companies, Inc., Owner, Christopher L. Varra, President. Witness my hand and official seal. `s V: b \ Notary Publi ° oI G r. : r l sy cgigr¢ssion expires: io/3/joy c`, a ,^)_ Page I of 2 pages AIM VIII IIIIIII Hirt III 11111111 III 111111111111 3008094 11/22/2002 11:56A Weld County, CO 1 of 6 R 0.00 D 0.00 J.A. "Suki" Tsukamoto ,2z-,1NS 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 40- day of Ni)U'.emb,r- . 20 02 . ATTEST: Li/,� !��%�'� COUNTY OF WELD, A BODY CLERK TO THE BOA ( ,• CORPORATE AND POLITIC OF THE COUNTY COMMISS 4 STATE OF COLORADO THE COUNTY OF EIS,R ±.6 i' AT, =� BY: BY: Cb--CJ\ Deputy Clerk to the Board David E. Long, Chai ro-Tem BOARD OF COUNTY CO MISSIONERS OF THE COUNTY OF LD (11-0-2.00a) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this -Y U- day of JJmlhzmhC,- ,20 02 ,by Glenn Vaad,Chair BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. PRY PUe,. ,... O ....., ��;:. Witness my hand and official se!. ? SHARON k KAHL : i• / iccf : pF..... ...............ublic My commission expires: MYC°lmmissianExpires Mai 1St 2006 Page 2 of 2 page 1111111111111111111111111111III 11111111 111 BE IM IIII 3008094 11/22/2002 11:56A Weld County, CO 2 of 6 R 0.00 0 0.00 J.A. "Suki" Tsukamoto 2G(-1S-- EXHIBIT B-A DESCRIPTION: A tract of land located in the Southwest Quarter of Section 31, Township 3 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado,being more particularly described as follows: Considering the west line of the Southwest Quarter of said Section 31 as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the West 1/4 corner of said Section 31, a found 2-1/2" aluminum cap in a range box (L.S. 23500); thence along the north line of said Southwest Quarter South 89°19'16" East 30.00 feet to a point on the east right-of-way line of Weld County Road 13, also the POINT OF BEGINNING; thence continuing along said north line South 89°19'16" East 89.54 feet; thence South 03°59'08" East 234.24 feet; thence South 52°00'05" West 82.00 feet; thence South 00°14'23" East 224.84 feet; thence South 89°45'37" West 20.00 feet; thence South 00°14'23" East 220.49 feet; thence South 89°45'37" West 20.00 feet to said east right-of-way line; thence along said right- of-way line North 00°1423" West 730.72 feet to the POINT OF BEGINNING. The above described parcel contains 0.914 acres, more or less and is subject to all existing easements or rights of way of record or in place. September 18, 2002 Job # 114-006 B-A.rtf ARP/KJL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII1II112002 11.56A"Saki" Tsukamolo 3 of 6 R 0.00 D 0.00 J.A• REPRESENTATION OF EXHIBIT B-A 1 A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 87 WEST OF THE 8TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO i I . i 3I 6 o' 0 O z o I • Cl�/J I • I POINT OF COMMENCEMENT I SANITARY SEWER EASEMENT WEST 1/4 CORNER 3 ST. VRAIN SANITATION DISTRICT SEC. 31, TW E 3 NORTH RECEPTION AN 2787289 I RANGE 67 WEST 1 .'t 2 1/2" ALUM. CAP :I �= I S 89'19'16" E SCALE 1"=200' IN RANGE BOX I '„ I 89,54' SEPTEMBER 18, 2002 L.S. 23500 i NORTH LINE OF • - - -R 68 W• • 36- • • ) L, 31. • -R 67 W—sw 1/4 SEC.31 •i. c S0 9 19'16" E ,' )� 2304.249 08" E In POINT OF >� ... � 1 /J/j�' /� P BEGINNING ,; J / ' ��< ��/y : CU N 00'14'23" W I �� a 730.72' I // S 52'00'05" W 82.00' rn s WEST LINE OF THE a SOUTHWEST QUARTER a OF SECTION 31 • (BASIS OF BEARINGS - S 00'14'23" E) S 00'14'23" E a. \I 224.84' a • S 89'45'37" W qD 20.00' M S 00'14'23" E 0 220.49' ;Er x ��11 zI l=€ I 111111 VIII IIIIII'VIII IIII III 11111111 III VIII IIII 20.001 45'37" W 3008094 11/22/2002 11:56A Weld County, CO oI "AST RIGHT-OF-WAY 4 of 6 R 0.00 0 0.00 J.A. "SUM" Tsukemofo ,�A ( LINE WCR 13 I t COPYRIGHT 02002 rMf[•,Yyp/MWr,(r SEAR-RRR R-PERKINSRROJFc• ,m2[r M6 w.crlan°. �„Ipa, , SAINT VRAIN CREEK&WCR 13 BRIDGE 114-006 'alai...Ana•L na.4 Wa M.LANG SEAR•BROWN WELD COUNTY,COLORADO Sai M 1wPIgO,fne:etgi r,Y01[N DIMING NO. Er N'•�•PIIr•�f OW/'�'{V•� 209 8oulh Meld rum 1 of 1 anemias wer,m SU K. Fl Collins,CO92 80521-2603 View+ r•a K.LYON (970)482-5922 REPRESS c '�•••�'-•• ^ :w .a•a^ar, Fax wwwsearbro-6368 REPRESENTATION OF EXHIBIT B-A Nicety' ''� C'=200' 9/18/0 www.sealbmwn.com ( ) -y EXHIBIT B-B DESCRIPTION: A tract of land located in the Northwest Quarter of Section 31, Township 3 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: Considering the west line of the Southwest Quarter of said Section 31 as bearing South 00°1423" East and with all bearings contained herein relative thereto; Commencing at the West 1/4 corner of said Section 31, a found 2-1/2" aluminum cap in a range box (L.S. 23500); thence along the south line of said Northwest Quarter South 89°19'16" East 30.00 feet to a point on the east right-of-way line of Weld County Road 13, also the POINT OF BEGINNING; thence along said east right-of-way line North 00°14'23" West 0.48 feet; thence continuing along said line North 00°14'01" West 578.78 feet; thence North 89°45'59" East 10.00 feet; thence South 00°14'01" East 264.01 feet; thence South 09°09'44" East 166.39 feet; thence South 48°59'40" East 61.68 feet; thence South 03°59'08" East 111.88 feet to the south line of said Northwest Quarter; thence along said south line North 89°19'16" West 89.54 feet to the POINT OF BEGINNING. The above-described parcel contains 0.421 acres, more or less and is subject to all existing easements or rights of way of record or in place. Sept.18, 2002 Job # 114-006 B-B.rtf ARP/KJL 1111111 11111 III HEM]III 11111111111 11111 IIII IIII 3008094 11/22/2002 11:56A Weld County, CO 5 of 6 R 0.00 D 0.00 J.A. "Suki" Tsukamoto / REPRESENTATION OF EXHIBIT B-B A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO N 89'45'59" E 36 ;31 7 10.00' R 68 W I '( R 67 W 0 I 4 A 5 9N ,Ot o •o ,O O� �• J n a I J/ SANITARY SEWER EASEMENTDISTRICT o I ST. PTI N SANITATION DISTRICT RECEPTION NO. 2787289 a I- V I Z . m 0. O In U I a O e O rn J A 0 W a 3 . (•1 o ; 0 I , 31 a' EAST RIGHT—OF—WAY r LINE WCR 13 o ? *0S //F//JJ • i 9 Z * • O 0 ,es2 N I O WEST 1/4 CORNER N 00'14'23"'W LI LI A SEC. 31, TWP, 3 NORTH 0.48' - RANGE 67 WEST I 1O 2 1/2" ALUM. CAP S 89'19'16" E m t o IN RANGE BOX 30.00' r1 mt L.S. 23500 SWUTi SEC.LINE OF 2 — I. 11 -� ..�.a�i N 1/4 31 POINT OF I B' COMMENCEMENT x W L., WEST LINE OF THE I 89.5 W SOUTHWEST QUARTER OF SECTION 31 (BASIS OF BEARINGS — S 00'14'23" E) : I POINT OF 1 1 //f'/J 1 I BEGINNING / /',�////70 COPYRIGHT 02002 /PROJECT OppvxYnn PROJECT senor BROWN I R.PERKNS PROJECT C. ...e avnprx. � SAINT VRAIN CREEK&WCR 13 BRIDGE j 114-006 �••"•'�E•C6T MO �SEAR•BROWN WELD COUNTY,COLORADO '��**< M.LANG -::14.1.1%."'°e.n wnw to. L c1e ""%p•••. "�m" 209 South Meldrum 1 of 1 mmaw rm ra 'p Ft.Collins,CO 80521-2603 an prtl ro K.LYON r 6368 I REPRESENTATION OF EXHIBIT B-B r �^p f[au ..ar�prt Fax�1902482� nruapuGpc 9,IB,G2 wwwsaalrbmwnwm Al III III HIE 1111 III 11111111 III II I I I I I I I I Ill 3008094 11/22/2002 11:56A Weld County, CO 6 of 6 R 0.00 D 0.00 J.A. "Suki" Tsukamoto • o93 TEMPORARY CONSTRUCTION EASEMENT, A Temporary Construction Easement between Varra Companies, Inc., whose address is PO Box 2049, Broomfield, Colorado 80038-2049, 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. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for the reconstruction and grading of the existing driveway during the construction of improvements to Weld County Road#13, 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 September 30, 2002, and shall expire and be of no further force or effect on December 31, 2003. 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. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00) dollars for the execution of this Temporary Construction Easement. Page 1 of 2 pages linIII I III 1111 VIII 3008093 11/22/2002 11:56A Weld County, CO 1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto ,,200:2- ;2q(1 j 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 h day of 8c+oI , 2002. - Varra ompa �Lc.,� nies, Inc., Owner Christopher L. Varra, President TAX ID NUMBER: Sal-O75.2CcCc STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of +ra(Def , 211M, by Varra Companies, Inc, Owner, Christopher L. Varra, President 1". "••Witness my hand and official seal. rev CD cli ,,, ; z =_ Notary Publi K ..•I �Eommission expires: /0 -//ay GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: Liu it.4 COUNTY OF WELD, STATE OF " �f� C LORADO, GRANTEE 1861 O et,- CANA Deputy Clerk to the Boa j C f\V ' / David E. Long Chair Pro—Tem I I I-4-QQo.) Page? nf7 pages 1 111111IIIII1111111IIIIIIIII111111 IIIII 111 11111 1111 111 20off04 R 0.00/Z 1D 0.00 J.A. "Suki"" Tsukamoto EASEMENT EXHIBIT A DESCRIPTION: A tract of land located in the Northwest Quarter of Section 31, Township 3 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: Considering the west line of the Southwest Quarter of said Section 31 as bearing South 00°14'23" East and with all bearings contained herein relative thereto; Commencing at the West 1/4 corner of said Section 31, a found 2-1/2" aluminum cap in a range box (L.S. 23500); thence along the south line of said Northwest Quarter South 89°19'16" East 30.00 feet to a point on the east right-of-way line of Weld County Road 13; thence along said east right-of-way line North 00°14'01" West, 284.74 feet; thence, North 89°45'59" East, 14.72 feet to the POINT OF BEGINNING; thence, North 09°09'44" West, 30.40 feet; thence, North 00°14'01 West, 42.11 feet; thence, South 82°28'20" East, 64.51 feet; thence, South 04°57'58" East, 21.09 feet; thence, South 02°06'08" East, 18.18 feet; thence, South 68°16'06" West, 66.13 feet to the POINT OF BEGINNING. The above-described parcel contains 0.083 acres, more or less and is subject to all existing easements or rights of way of record or in place. September 18, 2002 Job# 114-006 A-te.rtf kjl 111111111111111111111111 IIII 111111 11111 III 11111 IIII IIII 3008093 11/22/2002 11:56A 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 NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO I I 36: 31 R68W I R67W I I L 4 I ' I / /1 I --• PROPOSED aI ji;4/,‘, RIGHT OF WAY A S 82'28'20" E 4 Cl z. i 6x,57' N 00'14'01" W '1 S 04'57'58" E 42.11' 'I 21.09' • N 09'09'44" W J ' / SCALE 1"=100' 30.40' I '/'/' 5r,02'06'08" E SEPTEMBER 18, 2002 N 89'45'59" E ,','//'/ I 18.18' - 14.72' I `y`�cy. / / ,'//I 0 / / /) I a POINT OF ,sa - / /'/'/ /�',','/ // • 4 BEGINNING / ,',' ',/,'/../L',/ '.,) SANITARY SEWER EASEMENT m. n I ,'; ;','/ 8 �W ST. VRAIN SANITATION DISTRICT o . ','t/ / / / / , ,▪/ 4 RECEPTION NO. 2787289 cu N P. d' *g: ,,,,,c,/,,,,/,/,;,'/'// / / // /�/,/ / /I OD I v /////////////////// o Z ' 1 ll cn �<4'/',','/'/'/'/,h EAST RIGHT—OF—WAY : LINE WCR 13 <</ / , T-' ".n WEST 1/4 CORNER (i'/A q SEC. 31, TWP. 3 NORTH Z 1/////41RANGE 67 WEST I i'/ /,I O 2 1/2" ALUM. CAP IN RANGE BOX • (;','�I e L.S. 23500 I ✓/'/'n SOUTH LINE OF N - . . - . . - . fi . - SEC. . i- POINT OF I (/// 2� `m COMMENCEMENT x • S 89'19'16" Er,/,',AA W WEST LINE OF THE 30.00' 1 '/'/j SOUTHWEST QUARTER I (,'/'%1 re OF SECTION 31 ✓/'/'A (BASIS OF BEARINGS - S 00'14'23" E)��.• ,'/'/j J I I I /,// I //7,-,-,_,_, x ` COPYRIGHT C1W? ' Cr[4P/YOrrltr serR Bitg I R.PERKNS 1No.en nIOACT Na I ,a„m, SAINT VRAIN CREEK&WCR 13 BRIDGE 114-006 "no4.,===....%ate vmree `M.LANG SEAR•BROWN WELD COUNTY,COLORADO wppe[r�Cays�i er. •OTr. PCYOWM CORING N6 m.n mN a"..o,ar 1 of 1 209 South Meldrum mNv� ron ra R.PERKINSFt Collins,CO.80521-2603 °.care aartk'W 0 [R.PE (970)4825922 TITLE a 68 i REPRESENTATION EW vuNr'c'sis�w iur°1c tad 1'x100' rw9 B/0, FwwwsearDrownrtcom I IIIIII VIII III IIIIII IIII EASEMENT Eli 11111 III 11111 1111 1111 3008093 11/22/2002 11:56A Weld County, CO 4 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto MEMORANDUM filltrugH6 TO: Esther Gesick, Clerk to the Board DATE: Oct. 14, 2002 VII FROM: Frank B. Hempen, Jr. C Director of Public Works/County Engineer SUBJECT: Agenda Item and Chair's Signature Request COLORADO Please submit this item for the Chair's signature: Board approval for the Agreement Concerning Purchase of Right-of-way for Certain Improvements to WCR 13 with Varra Companies, Inc. and Chair's signature on the Temporary Construction Easement and Deed of Dedication for the same. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\WPFILES\Francie\agendaleon.wpd 2002-2945 Hello