HomeMy WebLinkAbout20022703.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 15, ACCEPT TEMPORARY
CONSTRUCTION EASEMENT AND DEED OF DEDICATION, AND AUTHORIZE
CHAIR TO SIGN NECESSARY DOCUMENTS - DANIEL VARRA
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 15, 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 Daniel Varra, 35412 Weld County Road 15, Windsor,
Colorado 80550, with terms and conditions being as stated in said agreement, easement, and
deed, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, and
accept the 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 15 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 Daniel Varra 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, 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.
Cr - P/t N[fl 20EG0046
RE: PURCHASE RIGHT-OF-WAY FOR WCR 15, TEMPORARY CONSTRUCTION
EASEMENT, AND DEED OF DEDICATION - DANIEL VARRA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO..ORADO
ATTEST: fat, '. )�• La
f GISVaad, Chair
Weld County Clerk to th- .o.
1861 - O- ikz? `ALh eN
J, David E. L , Pro-Tem
BY: � a
Deputy Clerk to the Bo (I ,�%// ��w
M. J. eile
APP AS TO FOR •
William H. Jerke
ounty Attorn y EXCUSED DATE OF SIGNING (AYE)
/OA Robert D. Masden
Date of signature:
2002-2703
EG0046
•
4,
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 15 BETWEEN DANIEL H. VARRA AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this 2'I a day of D"-to 6 EL,2002,by and between Daniel H.
Varra, whose address is 35412 Weld County Road 15, Windsor, Colorado 80550, 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 15, 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 on Exhibit "A", attached hereto and hereinafter referred to herein as the
"Right-of-Way"for the sum of Five Thousand Four Hundred Eighty Five and no/100
($5485.00) 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.
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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.
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. Weld County will remove approximately 1181 if of existing fence presently located
along the west property line. Weld County will replace the fence with a four strand
barbed wire,steel and wood post fence with post spacing approximately every 16 feet
and a wood post set approximately every fourth post. The new fence will be
constructed along the new east right of way line of Weld County Road 15.
9. Owner will grant a Temporary Easement as shown and/or described in Easement
Exhibit A, in favor of Weld County for access and construction of the new fence,
placement of an irrigation ditch culvert and reconstruction of a portion of the
irrigation ditch. Weld County will reimburse the Owner the sum of Three Hundred
fifty and no/100 dollars ($350.00) for this Temporary Easement.
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.
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWN
•
Daniel H. Varra
TAX ID NUMBER:
523-5Y 3 Y/ '
ATTEST: ad. /'. 1 BOARD OF COUNTY COMMISSIONERS
A\' An iL,c,
144 OF WELD COUNTY, STATE OF
E: COLORADO
Weld County Clerk tot
c / ,
BY BY: 4.,....4410-61-4__
Deputy Clerk to the Bo Glenn Vaad, Chai
(10/07/2002)
Page 3 of 3 Pages
AIM 11111 1111111 IIII IIII IIIIII IIIIII III (IIII IIII IIII
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•
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northwest One-Quarter of Section 5, Township 6 North, Range 67 West of
the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows:
BEGINNING at the Southwest corner of the Northwest One-Quarter of said Section 5, from whence the
Northwest corner of said Section 5 bears N00°00'10"E, with all bearings contained herein relative
thereto; thence N89°15'58"E along the South line of said Northwest One-Quarter a distance of 41.22 feet;
thence N00°00'10"E a distance of 918.81 feet; thence N89°58'07"E a distance of 34.21 feet to the west
Right of Way line of Weld County Road 15; thence N16°01'47"W along said Right of Way line a
distance of 273.08 feet to the West line of said Northwest One-Quarter; thence S00°00'10"W along said
West line a distance of 1181.82 feet to the POINT OF BEGINNING and containing 1.097 acres, more or
less.
The above description was prepared by Leon W. Sievers, Right of Way Agent in and for Weld County,
Colorado and is based on survey information provided by Frederick Land Surveying, 1528 North Lincoln
Avenue, Loveland, Colorado 80539.
11111 1111111111 1111 1111 111111 111111II 111111 111111
2997425
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EXHIBIT MAP A
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LAND NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTEO 1 RIMIER
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IL SURVEY
ATTACHED LEGAL PLAT. INTENDED TO
DESCRIPTION ONLY. 2997425 10/21/2002 10:58A Weld County, CO
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WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY L JS
DE SI DE, WELD COUNTY ROAD 15 DEED AND
DRAWN EASEMENT 1 OF 1
EXHIBIT MAP DATE OCTOBER 2, 2002
•
EASEMENT EXHIBIT A
LEGAL DESCRIPTION
The South 100.00 feet of the Northwest One-Quarter of Section 5, Township 6 North, Range 67 West of
the Sixth Principal Meridian, Weld County, Colorado, lying West of Weld County Road 15, as it is
presently located on October 9, 2002.
And
The East 20.00 feet of the West 61.22 feet of the South 918.81 feet of the Northwest One-Quarter of
Section 5, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado.
HBO 11111 1111111 III' 1111111111 111111 111 11111 Illl
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TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Daniel H. Varra, whose address is 35412
Weld County Road 15, Windsor, Colorado 80550, 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 improvements to Weld County Road #15, 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 October 9, 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 Fifty and no/100
($350.00) dollars for the execution of this Temporary Construction Easement.
Page 1 of 2 pages
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XOO:2-°TM 3
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 /0 -z-et day of , 2002.
pd/licernVe7-6W2--
Daniel H. Varra, Owner
TAX ID NUMBER:
923 5V-3`//8
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 2" day of
�Gr lyer. , 20oz, by Daniel H. Varra, Owner.
Witness my hand and official seal.
S'.I.o'A•.Iraaaa
f LEON W SIEVERSEVERS ° //��.—r�- ./ /✓f_JJ
ep NOTARY PUBLIC o Notary Public
STATE OF COLORADO
,A'ewnewol.v ljf.YNNNNN.YB
My commission expires: a e, -0(O-o S
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: ,t2 4/`� �Y�'' F COUNTY OF WELD, STATE OF
'' ` COLORADO, GRANTEE
1 1861 / kzy afeje:d1 e4.168 Cri
s �JJ 40, sett(/
Deputy Clerk to the Boar. � �°� e Glenn Vaad, C a= and of County
Commissioners. (10/07/2002)
Page 2 of 2 pages
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EASEMENT EXHIBIT A
LEGAL DESCRIPTION
The South 100.00 feet of the Northwest One-Quarter of Section 5, Township 6 North, Range 67 West of
the Sixth Principal Meridian, Weld County, Colorado, lying West of Weld County Road 15, as it is
presently located on October 9, 2002.
And
The East 20.00 feet of the West 61.22 feet of the South 918.81 feet of the Northwest One-Quarter of
Section 5, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado.
111111111111 111111 III1 IIII 111111 111111 III 11111 IIII IIII
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427
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Daniel H. Varra, whose address is
35412 Weld County Road 15, Windsor, Colorado 80550, 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. gl/Adr
Daniel H. Varra, Owner
STATE OF COLORADO )
) ss.
COUNTY OF idue.c-O )
The foregoing instrument was acknowledged before me this 2"lday of
cx-o , 20 02—; by Daniel H. Varra, Owner
Witness my hand and official seal.
�'O.I.Yd04.Ydf//NONN4NAp.o'#4y
LEON W SIEVERS o 6 o�i Lc� one
NOTARY PUBLIC o �J
$ STATE Of COLORADO 4L.Notary Public
My commission expires: S3-06-OS
Page 1 of 2 pages
1 111111 11111 1111111 IIII II11 111111 111111 III 11111 1111 IIII
2997427 10/21/2002 10:58A Weld County, CO
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0200;2- -70-3
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 7th day of October , 2002
ATTEST: 7aivar, COUNTY OF WELD, A BODY
,`CLERK TO THE OA' 4 ��• l L CORPORATE AND POLITIC OF THE
{COUNTY COMMISSIO R ' � STATE OF COLORADO
THE COUNTY OF WE. al 11861tasat
X1 tS 11 mow
cc°BY: �; moo- �I�;�,� I BY: ..a.,,,dtei-e52
Deputy Clerk to the Board Glenn Vaad, Chair`
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
(10/07/2002)
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 7th day of
October ,20 02,by Glenn Vaad,Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Kit:P/
�• Do•" •'••"
Witness my hand and official se' . ''' A
SHARON
KAHL
\1/4 4$:**.. Not.+''! •lic
r Op Cot-
My commission expires: My Commission Expires May 15,2006
^--- ^ `2 page
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2C0
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northwest One-Quarter of Section 5, Township 6 North, Range 67 West of
the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows:
BEGINNING at the Southwest corner of the Northwest One-Quarter of said Section 5, from whence the
Northwest corner of said Section 5 bears N00°00'10"E, with all bearings contained herein relative
thereto; thence N89°15'58"E along the South line of said Northwest One-Quarter a distance of 41.22 feet;
thence N00°00'10"E a distance of 918.81 feet; thence N89°58'07"E a distance of 34.21 feet to the west
Right of Way line of Weld County Road 15; thence N16°01'47"W along said Right of Way line a
distance of 273.08 feet to the West line of said Northwest One-Quarter; thence S00°00'10"W along said
West line a distance of 1181.82 feet to the POINT OF BEGINNING and containing 1.097 acres, more or
less.
The above description was prepared by Leon W. Sievers, Right of Way Agent in and for Weld County,
Colorado and is based on survey information provided by Frederick Land Surveying, 1528 North Lincoln
Avenue, Loveland, Colorado 80539.
IIIIII VIII IIIIIII IIII IIII IIIIII IIIIII III VIII IIII IIII
2997427 10/21/2002 10:58A Weld County, CO
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• EXHIBIT NAP A
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 1111111111111111111 IIII IIII 111111111111 III 11111 IIII IIII
ILAND LLUSTRATE E U P D TO
THE ATTACHED LEGAL DESCRIPTI0N ONLY 2997427 10/21/2002 10:58A Weld County, CO
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WELD COUNTY PUBLIC WORKS DEPARTMENT
SUNSET LVS
DESIGN WELD COUNTY ROAD 15 DEED AND 1
DRAWN EASEMENT 1 1
DATE OCTOBER 2, 2002 EXHIBIT MAP
MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE'Oct_3, 2Q92_
FROM: Frank B. Hempen, Jr. PE/
1 Director of Public Works/County Engineer -
DC SUBJECT: Agenda Item and Chair's Signature Requ t
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 15 with Daniel H. Varna
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
2002-2703
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