HomeMy WebLinkAbout20033368 RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 27 (83RD AVENUE) AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - STEPHENS FAMILY
PARTNERSHIP, LP
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 Purchase of
Right-of-Way for Certain Improvements to Weld County Road 27(83rd Avenue)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 the Stephens Family Partnership, LP,4050 West
20th Street,Greeley,Colorado 80634,commencing upon full execution,and ending upon completion
of construction, with further 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 Purchase of Right-of-Way for Certain
Improvements to Weld County Road 27 (83rd Avenue) 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 the Stephens Family Partnership, LP, 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 15th day of December, A.D., 2003.
/���� BOARD OF COUNTY COMMISSIONERS
L4 WN? cc,
(((111
D vid E. Long, Chair
zoso y L Jerk to the Board M
11861 I, t��� - t IU
Robert D. asden, Pro-Tern
- n cbe 4 . ' Clerk to the Board - .41,
M. J. Geile
APPROVED AS TO FOM:
William H. Jerke
-County At orney .,a4d/
Glenn Vad
Date of signature: /1"-0"9-03
2003-3368
EG0047
Co'. PLO i ", Art 10.247/0_5
AGREEMENT
06 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 27 (83`d Avenue)BETWEEN STEPHENS FAMILY PARTNERSHIP.
L.P., A COLORADO LIMITED PARTNERSHIP AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this e day of i2-4t ,2003,by and between Stephens
Family Partnership, LP, whose address is 4050 West 20th Street, Greeley, Colorado 80634,
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 27, 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 Three Thousand, Five Hundred Twenty Four and
no/100 ($3524.00) 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.Owner shall retain the mineral
estate under the Right of Way, including oil, gas, and shall also retain any water
rights currently attached or associated with the right of way.
Page 1 of 3 Pages
AMU]VIII IIII VIIIII"II 11111 Mil III 11111 IIII IIII
3139816 12/30/2003 11:30A Weld County, CO
1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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 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.Date of payment of compensation is the date of delivery of
the Deed of Dedication.
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 2003 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 a Temporary Construction Easement for the
reconstruction of the existing ditches and other related construction.Owner agrees to
Grant said Temporary Construction Easement by using substantially the easement
form attached herein.County agrees to reimburse the Owner the sum of One Hundred
Eight and no/100 ($108.00) dollars for the execution of said 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.
Page 2 of 3 Pages
I IBM 11111 ���� 11111111III11111 Wit III 11111IIIIIIII
3139816 12/30/2003 11:30A Weld County, CO
2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: OWNER:
STEPHENS FAMILY PARTNERSHIP, LP STEPHENS FAMILY PARTNERSHIP, LP
.
David S ephen s, Partner M. Sue Stephens, er
TAX ID NUMBER: TAX ID NUMBER:
5)3 - LID - tlool
ATTEST: getill0 BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
Weld County Clerk to
Fe
By:
Deputy Clerk to the Bo David E. Long, Chat DEC 1 5 20f't
Page 3 of 3 Pages
1 11111111111III111111111 I I 11111 1111111 III 111111111 'III
3139816 12/30/2003 11:30A Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 071
Exhibit A
DESCRIPTION:
A tract of land located in the East Half of Section 7, Township 5 North, Range 66 West
of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly
described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing
North 01°02'55" West and with all bearings contained herein relative thereto:
Commencing at the east quarter corner of said Section 7; thence along the east line of said
section North 01°02'55" West 467.52 feet; thence North 89°37'48" West 30.01 feet to a
point on the existing west right-of-way line of 83rd Avenue and the POINT OF
BEGINNING; thence North 89°37'48" West 30.98 feet;
thence North 08°17'09" East 71.82 feet; thence North 00°58'36" West 503.07 feet;
thence North 89°00'56" East 18.69 feet to a point on said existing west right-of-way line;
thence along said existing west right-of-way line South 01°02'55" East 574.68 feet to the
POINT OF BEGINNING.
The above described tract contains 0.261 acres,more or less, and is subject to all
easements and rights of way now on record or existing.
January 10, 2003
114-005ehD-rwdoc
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3139816 12/30/2003 11:30A Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
r REPRESENTATION OF EXHIBIT A 1
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 7,
TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
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.( 61• 11 MEMORANDUM
CTO: Esther Geisick, Clerk to the Board DATE : 12/10/2003
•
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda.
Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 27
(83rd Avenue) with Stephens Family Partnership L.P.
Only one original is enclosed.
The appropriate documentation is enclosed.
Enclosures
pc: Leon Sievers
M:\Francie\Signatureltem.DOC
2003-3368
144
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Stephens Family Partnership, LP, whose
address is 4050 West 20`h Street, Greeley, Colorado 80634, 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 construction of ditches during the construction of improvements to Weld
County Road#27 (83'a Avenue), 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 January 1, 2004, and
shall expire and be of no further force or effect on December 31, 2004.
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 One Hundred Eight and no/100
($108.00) dollars for the execution of this Temporary Construction Easement.
Page 1 of 2 page
111111 NOM 111111111111111HEM 11111 IIII IIII
3158144 03/02/2004 11:27A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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. pppppp
David teph ns, Partner M. Sue Stephens, P er
TAX ID NUMBER: TAX ID NUMBER:
STATE OF COLORADO )
)ss
COUNTY OF WELD )
I The foregoing instrument was acknowledged before me this Z I day of
Fbv v A n. , 200 by David Stephens and M. Sue Stephens, Partners.
Witness my hand and official seal.
Notary Public
My commission expires: /anuoys.v.viv H
LEON W SILVERS
NOTARY PUBL1C
d STATE OF COLORAD(,
raaaaaaaarad .4,47d„we..,y .o
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: at, .4f 1;/� � COUNTY OF WELD, STATE OF
COLORADO,('/J\GRANTEE
Deputy Clerk to the Robert D. Masden, Chair, Board of County
Commissioners. (Signed 02/02/2004)
4 N‘\\.\ (Approved 12/15/2003)
Page 2 of 2 pages
HBO 11111 11111 IM OD 11111 VIIIII III (IIII IIII IIII
3158144 03/02/2004 11:27A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EASEMENT EXHIBIT A
DESCRIPTION:
A tract of land located in the East Half of Section 7, Township 5 North, Range 66 West
of the 6`" Principal Meridian, County of Weld, State of Colorado, being more particularly
described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing
North 01°02'55" West and with all bearings contained herein relative thereto:
Commencing at the east quarter corner of said Section 7; thence along the east line of said
section North 01°02'55" West 467.52 feet; thence North 89°37'48" West 60.99 feet to the
POINT OF BEGINNING; thence North 89°37'48" West 10.10 feet; thence
North 08°17'09" East 72.40 feet; thence North 00°58'36" West 103.54 feet;
thence North 89°01'24 East 10.00 feet; thence South 00°58'36" East 104.35 feet;
thence South 08°17'09" West 71.82 to the POINT OF BEGINNING.
The above described tract contains 0.040 acres,more or less, and is subject to all
easements and rights of way now on record or existing.
January 10, 2003
114-005ehD-te.doc
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3158144 03/02/2004 11:27A Weld County, CO
3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
t REPRESENTATION OF EXHIBIT A
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 7,
TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN.
COUNTY OF WELD, STATE OF COLORADO
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DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Stephens Family Partnership, LP,
whose address is 4050 West 20th Street, Greeley, Colorado 80634, 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.
David St ens, Owner M. Sue Stephens wner
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 2 ( day of
Jan,,, al , 20 0% by David Stephens and M. Sue Stephens, Owners.
Witness my hand and official seal. Q
Notary Public
My commission expires:
LEON W SIEVERS
NOTARY PUBLIC '
! STATE OF COLORADO s
'.1wNowww4 A'A'NN.I9INN.va9NH
Page I of 2 pages
1 111111 1111 11111DIEM 11111 1111111 III VIII IIII IIII
3158145 03/02/2004 11:27A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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 2nd day of February , 2004
ATTEST: COUNTY OF WELD, A BODY
CLERK T THE BCit/i)aer CORPORATE AND POLITIC OF THE
COUNTY
COUNTY MII SI 'c„EL, STATE OF COLORADO
C
i 8 GI r
BY: ,..," c ,, • ' -1,'' ‘ ' '-''. BY: \4Q- - Nk\V -------___
Deputy Clerk to the B� • `s Robert D. Masden, Chair,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
(Approved 12/15/2003)
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 2nd day of February ,
20 04, by Robert D. Masden, Chair, BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD.
'(P'RY•PV6
Witness my hand and official se . kl ...O\
° SHARON
KAHL ��
dj;•., NataryPnblic
My commission expires: t CF CC
My Cen;,,scion '.y....,
Page 2 of 2 page
1111111 11111 VIII IIIIII IIII 11111 1111111 III 11111 IIII IIII
3158145 03/02/2004 11:27A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
3,^e 3- 3344'
Exhibit A
DESCRIPTION:
A tract of land located in the East Half of Section 7, Township 5 North, Range 66 West
of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly
described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing
North 01°02'55" West and with all bearings contained herein relative thereto:
Commencing at the east quarter corner of said Section 7; thence along the east line of said
section North 01°02'55" West 467.52 feet; thence North 89°37'48" West 30.01 feet to a
point on the existing west right-of-way line of 83rd Avenue and the POINT OF
BEGINNING; thence North 89°37'48" West 30.98 feet;
thence North 08°17'09" East 71.82 feet; thence North 00°58'36" West 503.07 feet;
thence North 89°00'56" East 18.69 feet to a point on said existing west right-of-way line;
thence along said existing west right-of-way line South 01°02'55" East 574.68 feet to the
POINT OF BEGINNING.
The above described tract contains 0.261 acres, more or less, and is subject to all
easements and rights of way now on record or existing.
January 10, 2003
114-005ehD-rwdoc
mpm
11111111111111111111111101111111111111 III 1111111111111
3158145 03/02/2004 11:27A Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
/- REPRESENTATION OF EXHIBIT A
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 7,
TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
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KitMEMORANDUM
CTO: Esther, CTB DATE: January 22, 2004
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit these items for the Board's approval:
Temporary Construction Easement and Deed of Dedication with Stephen Family
Partnership, L.P. on 83rd Avenue aka WCR 27 (Agreement is Doc #2003-3368)
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M\W I'FILES\Francie\agendaleon-Lwpd
Qao3-_330
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