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Home My WebLink About20030727.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39, AND TEMPORARY CONSTRUCTION EASEMENT, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -TED AND JIM OSTER 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 39, and a Temporary Construction Easement, 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 Ted and Jim Oster, 19463 Weld County Road 39, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement and temporary easement, and WHEREAS, after review, the Board deems it advisable to approve said agreement and temporary easement, 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 39, and the Temporary Construction Easement 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 Ted and Jim Oster be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2003-0727 EG0047 c e ; PLO) A-PPL AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39, AND TEMPORARY CONSTRUCTION EASEMENT- TED AND JIM OSTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of March, A.D., 2003. BOARD OF COUNTY COMMISSIONERS Ir W COUNTY, COLO DO ATTEST: ' E n d t �vQ '�, i E. ng C it Weld County Clerk to th �'�.r ,e " ,<' ter 1 , Robert D. asden, Pro- m BY: ._-- / A.. � Deputy Clerk to the Boa J. ei e A ED AST EXCUSED � ; William H. Jere ounty Attornet Glenn Vaad 3 Date of signature: 7 / 2003-0727 EG0047 Due to today's scanning technology, certain colored inks do not reproduce. AGREEMENT 99 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39 BETWEEN TED OSTER AND JIM OSTER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 1.1 day of 3 , 2003, by and between Ted Oster and Jim Oster, whose address is 19463 Weld County Road 39, La Salle, Colorado 80645, 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 39, 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 Eight Hundred and no/100 ($800.00) 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 without conveying the underlying oil and/or mineral interests or the water rights to the right-of-way. Initials ,r3,0 Initals¢ a r. Page 1 of 3 Pages 111111 11111111110 MIEN' 111111111111111 IIII 1111 3047969 04/01/2003 04:48P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder O23 -O77 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. 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 will Grant a Temporary Construction Easement in favor of County for County to grade and shape as necessary to redirect irrigation water from entering onto Weld County right of way. Weld County will reimburse the Owner the sum of$350.00 for this Temporary Construction 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. Initials U Initials L• k 6 Page 2 of 3 Pages MUM 11111 IIIIIII III 111111 IIII IIIIIII III VIII IIII III) 3047969 04/01/2003 04:48P Weld County, CO 2 of 5 R 0.00 D 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: Ted Oster JUAster TAX ID NUMBER: TAX ID NUMBER: ATTEST: tateia,20 BOARD OF COUNTY COMMISSIONERS ,,✓�'� } ��,, OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to t f iV i %r. By: —MYL �.I�►��// �� BY: Deputy Clerk to the Boa!��;V �t David E. Long, Chairman 3`3r3 Page 3 of 3 Pages 111111111111011111 III HMI IIII1111111III11111 MI MI 3047969 04/01/2003 04:48P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2O j-7.27 hXIIIBIT MAP A E1/4 Cor Sec 30-4-65 EXISTING 30' ROW C z cl a 3m in Oo MN ON Oa z p O O O O O N N LJ W N In �t O O N M N O o N�589'38'25"W 30.00' 30.00' 589'38'25"W • J L SECTION LINE ,qtr 589'38'25"W SE Cor I10.00' Sec 30-4-65 0Iiimmea`000 200 1111111 VIII 1111111 III 111111 11111111111 III 11111 Ern 3047969 04/01/2003 04:48P Weld County, CO NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 4 of 5 R 0.00 0.00 Steve Moreno Clerk& Recorder LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SAVE, LVS DE:FGN WELD COUNTY ROAD 39 DEED 1 of 1 °DAWN DESCRIPTION 1 EXHIBIT MAP DATE JANUARY es, 2003 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 30, Township 4 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of said Section 30, from whence the East Quarter corner of said Section 30 bears N00°31'05"W, with all bearings contained herein relative thereto; thence 589°38'25"W along the South line of the Southeast One-Quarter of said Section 30 a distance of 30.00 feet to the west right of way line of Weld County road 39 and the POINT OF BEGINNING; thence continuing S89°38'25"W along said South line a distance of 10.00 feet; thence N02°20'47"E a distance of 200.08 feet to the west right of way line of Weld County Road 39; thence S00°31'05"E along said west right of way line a distance of 200.00 feet to the POINT OF BEGINNING and containing 0.023 acres, more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Alles and Associates, 428 N. 2n° Street, La Salle, Colorado 80645 1111111 11111 HIM III Illlll llll 1111111 III VIII llll I'll 3047969 04/01/2003 04:48P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • Due to today's scanning technology, certain colored inks do not reproduce. 968 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Ted Oster and Jim Oster, whose address is 19463 Weld County Road 39, La Salle, Colorado 80645, (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 the grading and shaping necessary to redirect irrigation water from entering onto Weld County right of way. This grading and shaping is part of the construction of improvements to Weld County road intersection 39-40, and will take place in and to, over, under and across the following described land: A strip of land, 12 feet in width, 200 feet in length and located in the Southeast One- quarter of Section 30, Township 4 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado and lying immediately adjacent to the new right of way at the intersection of Weld County roads 39 and 44 and illustrated in the attached Exhibit Map 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 February 15, 2003, 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. 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 and shall run with the land. 4. Grantee will reimburse Grantor the sum of Three Hundred Fifty and no/100 ($350.00) dollars for the execution of this Temporary Construction Easement. 5. Weld County will not reseed the disturbed area. IIJ&'ft'L1AIJLIJll II IIIIII IM IIIIIII III VIII IIII IIII f 2 pages 308 04:48Pty, CO 0.00 D 0.00 Steve Moreno Clerk& Recorder 03..0'.2'7 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 Gy1ojX day of ` 0 _ , 2003. ..A4._. Ted Oster, Owner Jim1-1/1r, er, Owner 5eLt _ gol Flo( 61 -. _: / ] - I-44w Tax ID number Tax ID number GRAN I_EE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: gel / I/� i% COUNTY OF WELD, STATE OF ✓1_b COL RADO, GRANTEE Irk, ' i� Deputy Clerk to the David E. Long, Chairman, oard of County .,�'crL j;N Vii/ Commissioners. 1111111111111111111 III 111111 IIII 1111111 III IIIII IIII IIII 'ages 3047968 04/01/2003 04:48P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 0.70 03-67.27 EXHIBIT MAP A TEMPORARY CONSTRUCTION EASEMENT E1/4 Cor Sec 30-4-65 --- EXISTING 30' ROW C, z E a m to o0 MN O (n Oa Z CD p O O N02'20'47"E N 200.08'---- � La in WESTERLY LINE OF TEMPORARY EASEMENT--I "T b Fri�589'38 '25"W 30.00' 589'38'25"W • VL SECTION LINE 589'38'25"W SE Cor 10.00' Sec 30-4-65 I 0 50 100 200 1 111111 11111 11111 III 111111 liii 1IIIIII III 111111111 liii 3047968 04/01/2003 04:48P Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk 8 Recorder NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT 000IGN ws WELD COUNTY ROAD 39 EASEMENT - DaAW DESCRIPTION 1 OF DATE JANUARY 28, 2003 EXHIBIT MAP ritt;""), . MEMORANDUM , ,s , VIDcTO: Clerk to the Board DATE: March 14, 2003 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Agreement Concerning Right-of-Way for Certain Improvements to WCR 39 with Ted Oster and Jim Oster and Temporary Construction Easement The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\AGENDA-1.wpd 2003-0727 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Ted Oster and Jim Oster, whose address is 19463 Weld County Road 39, LaSalle, Colorado 80645, 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. 4tertt Oster, Owner STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 4 gay of .Sir ren Be r , 200 3, by Ted Oster and Jim Oster, Owners. Witne and official seal. Z!NOTARY'L0 � c2/ /(./S� Notary Pidblic :, PUBLIC Q. ,at. . My t-t. ::`. .!:sires: ;7.;cL' / Page I of 2 pages 1111111 11111Hilt Fla" 11111 11111 III BEM I'II 3114871 10/08/2003 02:01P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder (I n . 'W if1/242-- -Pr aoo3 O7,17 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 ca9 ✓ day of ,,,../,�---) , 20 . ATTEST: O h like"'^'"""' COUNTY OF WELD, A BODY CLERK TO THE BOARD OFA• .e, CORPORATE AND POLITIC OF THE COUNTY COMMISSIONE r ► / e‘ STATE OF COLORADO THE COUNTY OF WELDt gy N 1 Ii ;. .: � BY: / ,lab f. ,r.-6.. 'rrats, BY: cuDeputy Cler'to the Board � David E. Long, Chair, 9 7003 BOARD OF COUNTY CO SSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this cm day of c5t -mee7c , 20p,, by David E. Long, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. .01.3 PVe!•••• Witness my hand and official seal/,�..•' .a•te ,a SHARON �ir / // K 1otarygu,lic . . OFC. My commission expires: My Commission Expires May 15,2005 Page 2 of 2 page 1111111 1 IIII111111111111111111lilt III 1111111111111 3114871 10/08/2003 02:01P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder EXHIBIT MAP A E1/4 Cor Sec 30-4-65 -- EXISTING 30' ROW m z i a La m ir) TED OSTER o 970-284-6252 M y 19463 WCR 39 el 71 o a z "Co 0 0 0 N N LJ W N in s} O O N M I N O z th S89A38'25"W / 30.00' 589'38'25"W • JL SECTION LINE Pi 589'38'25"W SE Cor I10.00' Sec 30-4-65 D SD 100 200 MIDI"III" 3111111111111113 11111 III IN! IIII IIII 3114871 10/08/2003 02:01P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SLIMY LVS DESIGN WELD COUNTY ROAD 39 DEED 1 1 DRAWN DESCRIPTION DATE JANUARY 28, 2003 EXHIBIT MAP EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 30, Township 4 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of said Section 30, from whence the East Quarter corner of said Section 30 bears N00°31'05"W, with all bearings contained herein relative thereto; thence S89°38'25"W along the South line of the Southeast One-Quarter of said Section 30 a distance of 30.00 feet to the west right of way line of Weld County road 39 and the POINT OF BEGINNING; thence continuing S89°38'25"W along said South line a distance of 10.00 feet; thence N02°20'47"E a distance of 200.08 feet to the west right of way line of Weld County Road 39; thence S00°31'05"E along said west right of way line a distance of 200.00 feet to the POINT OF BEGINNING and containing 0.023 acres, more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Alles and Associates, 428 N. 2n° Street, La Salle, Colorado 80645 HBO "IIIIIIIIIIIIIIIIIIIIVIIIVIII III HIM III 3114871 10/08/2003 02:01P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello