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Home My WebLink About20031244.tiff RESOLUTION RE: APPROVE AGREEMENT FOR TRANSFER OF RIGHT-OF-WAY FOR 11TH AVENUE SOUTH OF "H" STREET AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 for the transfer of right-of-way for 11th Avenue south of "H" Street 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 City of Greeley, 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 for the transfer of right-of-way for 11th Avenue south of "H" Street 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 City of Greeley be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of May, A.D., 2003. BOARD OF COUNTY COMMISSIONERS W ' COUNTY, CO OR DO FR E ATTEST: gay y I , V x' 4 �. Davis E. Lo ., Chair Weld County Clerk to the tsa !CC ^_ , Kt), r. 4\ d R•bert I. M)-n, Pro-Tem BY: �� !igglli Deputy Clerk to the Boar � �'L! M. J. G-ile APPR AS TC William H. Jerke William Jerke ty Attcdm�yQ/� (/ ( Aaad Date of signature: 2003-1244 EG0047 �� : Pa! ew,,,Zc11 o_ 11111 11111 HIE 11111 III 111111111111 MOM V IIE 3070077 06/06/2003 10:58A Weld County, CO 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder AGREEMENT FOR TRANSFER OF RIGHT-OF-WAY THIS AGREEMENT is made and entered into effective as of the J i ray of.ty, 2003, A.D. between the COUNTY OF WELD, a political subdivision of the STATE OF COLORADO, whose address is 915 10th Street, P. O. Box 758, Greeley, CO 80632, hereinafter referred to as "Weld County," and the CITY OF GREELEY, a municipal corporation of the STATE OF COLORADO, with its principal office located at 1000 10`h Street, Greeley, CO 80631, hereinafter referred to as "Greeley." WITNESSETH: WHEREAS, beginning in July, 2003, Greeley plans to improve a stretch of 11th Avenue, immediately south of"H" Street, which improvement necessitates the addition of right-of-way to the west side of 111h Avenue; said additional right-of-way being shown in the attached Exhibit"A," and described in the attached Exhibit "B," and hereinafter referred to as "Property," and WHEREAS, Weld County is agreeable to transferring Property to Greeley by quit claim deed, and WHEREAS, said transfer of Property to Greeley will benefit the health, safety, and welfare of the citizens of Greeley and Weld County. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TRANSFER OF PROPERTY TO GREELEY BY QUIT CLAIM DEED: For the sum of$1.00 and in consideration of the performance of the restoration activities by Greeley listed in Paragraph 3,herein,paid by Greeley to Weld County,Weld County agrees to transfer Property to Greeley by quit claim deed upon execution of this Agreement by both parties. 2. NO WARRANTY OF TITLE: Although the parties believe Weld County is the current owner of the Property, Weld County does not,by signing this Agreement or by signing a quit claim deed for the transfer of the Property, warrant title in and to the Property. 3. RESTORATION WORK TO BE PERFORMED BY GREELEY: In the course of said improvements work to 11th Avenue, Greeley agrees to perform the following restoration work: a. Repair lawn sprinkler irrigation systems and water meters that may be damaged during construction. Page 1 of 3 Pages 2003-1244 111111111111111111111111 III 111111111111 III 11111 IIII 1111 3070077 06/06/2003 10:58A Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder b. Replace or transplant back in place any trees that may be required to be moved. Greeley agrees to replace any trees that do not live through the first winter. (It is anticipated that this may be 3 to 4 conifers with a 2-inch trunk diameter.) c. Extend the existing lawn,with sprinklers as required,to the edge of the new sidewalk and repair any lawn that may be damage by construction activities. (The type of lawn replacement will be in conformance with any drought restrictions that may be in place at the time of the restoration.) d. Set new or damaged property corners related to this land acquisition following construction activities. e. Arrange for utility locates and negotiate any necessary utility relocations. 4. ENTIRE AGREEMENT: This writing constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 5. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 6. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. Page 2 of 3 Pages IRO 11111 HIE 11111 III 111111111111 III 11111 IIII IIII 3070077 06/06/2003 10:58A Weld County, Co 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Signed by the parties the jci'u`" day of A1,0_,E4 2003. TY OF WEL aELD: �/�� _ tele//��/l�G ern( COUNTY OF WELD, a political subdivision Clerk to the Board of the STATE OF COLORADO: MI t ,O, 4P lrtt tT � By: Deputy Clerk tot e Board --.4 David E. Lon , Chairma ©tcuvt 3 Board of County Commis loners of the County of Weld C'7 '',,,,;,,,•,•40T Y QF,: LEY: 4 iryj11 E ( THE CITY OF GREELEY, COLORADO ;/.% 1 F S21,,,, L 'k�$ ,� �� K --' M . 1 x t , �_ i I By: 463^11/440 ar ` '- City t e 1-',.;--. Mayor APPRO ED AS TO SUBSTA CE: APPROVED AS TO LEGAL FORM: , ) � C By: L' B : tT� City ager City Attorney AVAILABILITY OF FUNDS: \ 1 // B . RECOMMENDED /� `/'A_____ By: lirector of Fina e Director of Public Work Page 3 of 3 Pages Weld County - EXHIBIT A Southeast Quarter 11th AVENUE ROW Sec. 31, T6N, R65W a `m mm .fl • E $ m Ea t> isco11 ` EAST QUARTER CORNER is�'�V Sec. 31, T6N, R65W J/ — =— POINT OF BEGINNING ' a o o mmell = —v d MM.Z o 100' 50' 0 100' = y o O p a :% / o 0 1"=100' a L9y o m o ri S O �C„o • HSTREET — mimo � C N 7.0 O 589'12'04"W --CO 0 • C1 33.00' - - it al ar- �n c - b I TRUE POINT -Mv ~ uNi ' I OF BEGINNING N 3 .e.�7 a OI t:11 g N zI O I ? n id s9oroo'oo•E t 8.61' I N a P n m 5 N w "' I 1. a Fn.-9 w co n l t I 15Li • O N N n f9 m f1 I e re CI U in o 0 ROW Exhibit to w t "M 19,858 Sq. Ft. o m O 4r . rc J t- N ut Im W m la m O cc4 b N I 64 pi 4.1,3 mJ 5J a 589'35'27"W I 38.31' II I Charles ' J. :1" On Behr Surveyors, Inc. I Colorado l'aelyt- ed P • ession-o s i i II I Land Surve hi ' gtB 1.110 /\ KING' SURVEYORS; INC. PROJECT NO:2003120 !�� 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: April 21, 2003 � / PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: City of Greeley WWW.KINGSURVEYORS.COM DWG: 2000406 ROW • EXHIBIT "B" PROPERTY DESCRIPTION Weld County A parcel of land being part of Lot One(1)of the Northeast Quarter of the Southeast Quarter(NE1/4 SEI/4)of Section Thirty-one(31),Township Six North(T.6N.),Range Sixty-five West(R.65W.)of the Sixth principal Meridian,City of Greeley,county of Weld,State of Colorado and being more a v particularly described as follows; a it cCC BEGINNING at the East Quarter Corner of said Section 31 and assuming the East line of the IM=a(3 C Southeast Quarter(SE1/4)of said Section 31 as bearing South 00'47'56"East being a Grid Bearing rr of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2765.42 feet with all other bearings contained herein relative thereto: arm O -- 2 THENCE South 00'4756"East along said line a distance of 305.00 feet; 3 to THENCE South 89'12'04"West a distance of 33.00 feet to the Westerly Right-Of-Way(ROW)line m of North 11th Avenue and being a point Thirty-three feet(33')Westerly of as measured at right a 2. angles to the East line of said SE1/4. Said point being the TRUE POINT OF BEGINNING: ., • a o THENCE South 00'47'56"East along said Westerly ROW line and being a line 33'Westerly of as • op o measured at right angles to the East line of said SEI/4 a distance of 576.40 feet; o o THENCE South 89'35'27"West a distance of 38.31 feet; r o THENCE North 00'47'56"West a distance of 345.69 feet; —4=' THENCE South 90'00'00"East a distance of 8.61 feet; o THENCE North 00'00'00"West a distance of 252.19 feet to the Southerly ROW line of"H"Street ir a n as platted within the Weld County Business Park P.U.D.as recorded October 12, 1988 in Book — LO 1212 as Reception Number 2158271 of the records of the Weld County Clerk and Recorder c (WCCRO and being the beginning point of a curve. The aforesaid line being non-tangent to said '—CO LO curve;THENCE along said Southerly ROW line and being along the Arc of a curve which is concave to the Southwest a distance of 24.11 feet,whose Radius is 30.00 feet,whose Delta is 46'02'37",and whose Long Chord bears South 23'49'15"East a distance of 23.47 feet to the end point of said curve; THENCE North 89'12'04"East along a line radial to the aforesaid curve a distance of 17.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 19,858 Square Feet,more or less(f)and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing • on said described parcel of land. SURVEYOR'S STATEMENT I,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion. too te Charles B.Jones-_.J be$.. of. m gCrSirve .rs,Inc. `•j 2i %.r,. `o' M93 Colorado Registere`�,'::. -ssional ' Land Surveyor #2209i" . •4t Lett` KING SURVEYORS,INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-5011 Project Number: 2000406 (April 18,2003) (File:G:\LDDproj\2000406\ROW's\weld county\04-18-03\wc-row-al.txt) CITY OF GREELEY, COLORADO RESOLUTION NO. 37 , 2003 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR ACQUISITION OF 11Th AVENUE RIGHT-OF- WAY FROM WELD COUNTY. WHEREAS, the City of Greeley has reviewed and is in concurrence with an Intergovernmental Agreement between it and the County of Weld; and WHEREAS,both parties are authorized by the provisions to Article XIV, § 18(2)(a), of the Colorado Constitution, and §§29-1-201,et seq., C.R.S.,to enter into contracts with each other for performance of functions they are authorized by law to perform on their own; and WHEREAS, § 3-5 of the Greeley City Charter authorizes the City Council to enter into agreements with other public agencies; and WHEREAS, City of Greeley plans to improve a stretch of 11"'Avenue between"D" Street and"H" Street in order to improve said roadway to four lanes; and WHEREAS, said improvement necessitates an additional right-of-way immediately south of "H" Street; and WHEREAS,widening of the roadway is necessary to maintain efficient, smooth traffic flow, and to reduce the potential for traffic accidents, thereby protecting the public health, safety and welfare; and WHEREAS, the Agencies desire to enter into an agreement whereby Weld County will transfer property to the City of Greeley in order to provide right-of-way access: NOW THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUNCIL: Section 1. The City Council hereby authorizes the Mayor to enter into the referenced Intergovernmental Agreement, a copy of which is attached hereto and incorporated herein by this reference. Section 2. This resolution shall become effective immediately upon its passage, as provided by the Greeley City Charter. PASSED AND ADOPTED, SIGNED AND APPROVED this 6th day of May , 2003. ATTEST: THE CITY OF GREELEY, COLORADO iitti A. °^BEd By: City Clc Mayor -2- 1e� Hello