HomeMy WebLinkAbout20030395 RESOLUTION
RE: APPROVE TEMPORARY AGREEMENT COVERING ADVANCE RIGHT OF ENTRY
AND OCCUPANCY OF PROPERTY FOR WELD COUNTY ROAD 149 PROJECT AND
AUTHORIZE CHAIR TO SIGN - BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY
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 a Temporary Agreement Covering
Advance Right of Entry and Occupancy of Property for the Weld County Road 149 Project
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
Burlington Northern and Santa Fe Railway Cornpany, with terms and conditions being as stated
in said temporary agreement, and
WHEREAS, after review, the Board deems it advisable to approve said temporary
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 Temporary Agreement Covering Advance Right of Entry and
Occupancy of Property for Weld County Road 149 Project 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 Burlington Northern and Santa Fe Railway Company be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said temporary agreement.
2003-0395
EG0047
C� :�N((.), flAr ^t
TEMPORARY AGREEMENT COVERING ADVANCE RIGHT OF ENTRY AND OCCUPANCY
OF PROPERTY FOR WELD COUNTY ROAD 149 PROJECT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of February, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
� WEL7U�, ��D
ATTEST: � �j /D�[ L f,
r �,, vid E. Long, Ch '
Weld County Clerk to the 'E'ar•
1861 rh,� 1" •`
obert D. M en, Pro-Tem
BY: ,w_'[ . , .
Deputy Clerk to the Boat rJ
Sa . . Geil
APP D AS T RM: EXCUSED
William H. Jerk
oun ttor ey
3 Xnp�,tY/Jl?^J.�
3/ Glenn Vaad
Date of signature: "t
2003-0395
EG0047
rilto a
MEMORANDUM
0
TO: Clerk to the Board DATE: February 5, 2003
COLORADOte
FROM: Frank B. Hempen, Jr., \ /1
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's February 10°i, 2003, agenda:
Attached are three duplicate originals of the Temporary Agreement Covering Advance
Right of Entry and Occupancy with Burlington Northern and Santa Fe Railway
Company Property. (WCR 149 Project)
Please submit for Board's approval, Chair's signature, and return ALL three originals
to acquire Railway Company's authorized signatures.
One original will be returned to Weld County for recording purposes.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M\W P FI LES\Franc ie\AGENDA wpd
2003-0395
TEMPORARY AGREEMENT COVERING ADVANCE
RIGHT OF ENTRY AND OCCUPANCY OF
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PROPERTY
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, hereinafter called
"Railroad,"hereby grants permission to the Weld County Department of Public Works,Colorado, hereinafter
called"Permittee,"to enter upon abandoned Railroad premises located near Stoneham,Colorado,as shown in
yellow on the print attached hereto and marked Exhibit"A" for the purpose of Road 149 project.
In consideration of permission given the Permittee by Railroad,as outlined above,pending issuance of
a quitclaim deed, the Permittee hereby agrees to indemnify and hold harmless Railroad from and against and
defend Railroad from and against any and all claims, loss, costs, suits or damages arising out of injuries to or
death of any and all persons whomsoever, including, but not limited to, the parties hereto, their agents and
employees,and damages or destruction of property to whomsoever belonging,including property owned by or
in the care, custody and control of either Permittee or of Railroad, in any manner connected with or resulting
from, either directly or indirectly, the occupancy and use of Railroad's said property by the Permittee, its
employees,agents,contractors or subcontractors and their employees,regardless of whether or not such injury,
death or property damage may have been caused or contributed to by the negligence of the Railroad, its agents
or employees.
This agreement shall be and remain in full force and effect until such time as a quitclaim deed is entered
into by and between the parties hereto covering occupancy or the property of Railroad hereby permitted.
The Permittee agrees to execute such quitclaim deed,promptly upon its being presented to it by Railroad;
however, execution thereof shall not operate to absolve the Permittee of any liability assumed and incurred by
it hereunder. This Agreement shall terminate, except as to liability incurred hereunder prior thereto, on the
effective date of the quitclaim deed covering the property referred to above. It is also understood that the
payment to be agreed upon in the quitclaim deed will be considered to be effective as of the date of this
Agreement.
In the event that Railroad or Permittee do not enter into a quitclaim deed arrangement as contemplated
herein within(120)days from the day hereof,then either party may terminate this agreement on thirty(30)days
written notice at the address set forth below the names of the parties hereto.
IN WITNESS WHEREOF,the parties have executed this agreement in duplicate this _day of
2003
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
Property,&Facilities Management, 2650 Lou Menk Drive,Fort Worth, Texas 76131-2830
By: • Title: Date:
Weld County Board of Colmissioners on behalf of the
WELD COUNTY DEPARTMENT OF PUBLIC WORKS,COLORADO
1111 et, eeley, Colorado 80632
By: Title: Chair Date: 02/t0/7n0M
David E. Long;
X03-039r
BNSF
Property& Facilities Management
2650 Lou Menk Drive
Fort Worth,Texas 76131-2830
PROPERTY MANAGEMENT
The Weld County,Colorado hereinafter called the Buyer, under threat of the exercise of its power of Eminent Domains
offers to acquire from the Burlington Northern and Santa Fe Railway Company (BNSF), hereinafter called the Seller,
Seller's interest in the abandoned railroad right of way located in and near Stoneham,Colorado, as shown highlighted in
and blue
Exhibit"A"attached hereto and made a part hereof.
bl
Seller will convey its interests in the parcel to Buyer for a purchase price of$13,000.00. Seller will convey its interest by
quitclaim deed. Seller makes no representations or warranties whatsoever. Buyer,expressly acknowledges that Buyer is
acquiring Seller's interest in the parcel in an "AS IS" condition and that Buyer has relied upon its own independent
investigation of the physical condition of the parcel. Buyer agrees to release and indemnify Seller and Seller's shareholders,
officers, directors,agents and employees from all responsibility and liability regarding the condition (including, but not
limited to,the physical condition or presence of hazardous materials),valuation or utility of the parcel. Any outstanding
taxes and costs for survey,abstract,title insurance,documentary stamps,and other costs,are Buyer's responsibility. Buyer
further agrees to indemnify Seller from future responsibility for the construction and maintenance of any railroad fences,
road crossings,cattle guards,gates,farm crossings,buildings,and drainage or irrigation pipes located on or adjacent to the
parcel to be conveyed.
Buyer understands the foregoing. Buyer further understands that railroad property may be subject to reversion on
abandonment of use for railroad purposes; that Seller's quitclaim deed conveys only whatever interests it may have in the
parcel,if any; and that the deed does not necessarily convey fee title or give Buyer ownership of the parcel as against the
claims of anyone other than Seller. Buyer herewith deposits as earnest money the sum of$1,300.00 to be applied against
the purchase price. Notwithstanding anything set forth herein to the contrary,the balance of the purchase price shall be
due ten(10)days from notice that Seller's deed is ready for delivery. Time is of the essence of this contract,and if Buyer
shall default or fail to perform the requirements of this contract within the time limits herein specified,the Seller may retain
the deposit as agreed liquidated damages and just compensation,and not as a penalty or forfeiture,and declare this contract
terminated. In the event of default by Seller,Buyers sole remedy shall be a return of the earnest n.:ney deposit.
Effective he date of sale,
Seller will assign to Buyer Lease No. N/A covering all or a portion of the subject parcel.
By: £ a Date: 02/10/2003
David E. Long
Title:Chair, Weld County Bo rd of Commissioners
Printed below is the name(s)and address(es) as they should appear in the deed of conveyance:
County of Weld, a political subdivison of the State of Colorado
Buyer's Phone: (970)356-4000 X4200
ACCEPTED BY: BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY
By: �Ce Date: y04//6'J
Title: MANAGER REAL ESTATE
ADDENDUM No.1
I (we) have made an offer to acquire the Seller' s interest in
a railroad right-of-way is located in $4 and s5, T7N, R5fiW, Weld
County, State of Colorado , as outlined in yellow on Exhibit "A",
attached hereto and made a part hereof.
This offer also includes the reversionary portion of the
Seller' s right of way that is adjacent to Seller' s ownership and is
outlined in "Blue" on Exhibit "A" .
I (we) do hereby request that Seller issue a quitclaim deed
for all of the property subject to this agreement including any and
all reversionary property for the purchase price set forth in this
agreement .
By acceptance of the quitclaim deed I (we) will acknowledge
that a material consideration for the conveyance, without which it
would not be made, is the agreement by me (we) and my (our) heirs
and assigns that the Seller, its predecessors; successors, and
assigns shall be in no manner responsible to me, any subsequent
owner, purchaser, adjacent landowners, or any person interested
therein for any and all claims, demands, damages, causes of action
including loss of access, or suits regarding the quiet and peaceful
possession of such premises, title, thereto, or condition thereof.
BUYS DATE: 02/10/2003
EcNc
David E. Long, Chair, W d County
Board of Commissioners
ACCEPTED: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
BY: DATE:
TITLE:
{
ADDENDUM No.2
Buyer, Weld County, Colorado does hereby acknowledge that it
is acquiring the interest of Seller under the threat of Buyer
exercising its power of eminent domain. Buyer further acknowledges
that a portion of the property subject of the agreement as outlined
in Blue on Exhibit "A" is reversionary in nature, and as such may
revert for non use as a railroad right of way.
Buyer does hereby request that Seller issue a quitclaim deed
for all of Seller' s interest in the property subject of this
agreement including any and all reversionary property for the
purchase price set forth in this agreement. All leases on subject
property shall be assigned to Buyer.
By acceptance of the quitclaim deed Buyer acknowledges that a
material consideration for the conveyance, without which it would
not be made, is the agreement by Buyer and its assigns that the
Seller, its predecessors and successors, and assigns shall be in no
manner responsible to Buyer, any subsequent owner, purchaser,
lessee, or any person interested therein or to any landowner lying
adjacent to the subject property, or any prior owners and heirs,
for any and all claims, demands, damages, causes of action
including loss of access, or suits regarding the quiet and peaceful
possession of premises, title thereto, or condition thereof.
Weld County Board of Commissioners
on behalf of the
BUYER: Weld County, Colorado
Public Works Department DATE: 02/10/2003
BY: fct----j CciN¢
J
David E. Long, Chail
ACCEPTEDD: THE BURLINGTON NORTHERN and SANTA FE RAILWAY COMPANY
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THE BURLINGTON NORTHERN AND SANTA FE RY. CO.
[ ] INDICATES SALE AREA
CONTAINING G. ]9 AC +/-
. CITY;rrMEMASI COUNTY WELQ _STATEta
SCALE Ina'200#DATE 3.3-03 Ann 03-01 /5
DIVISION SUBDN. New
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THE BURLINGTON NORTHERN AND SANTA FE RY. CO.
I I INDICATES SALE AREA
* tO CONTAINING 25,ga AC +1-
CITYSTQME/M,4 COUNTY WELD STATE CO
/ SCALE/'-igpp'DATE 3 -a-403 AFE# OS•9115
' Q DIVISION SUBDIV.
'C x.P.255 LINE SE(SEGMENTS/Wit Io Melee"
////// GRANTEE J
J \ PURPOSE
////'
DRAWING OSE NO. 131S1.396-32
R58
AIM 11111 11111 1111 1111 1111111111 Ili 11111 IIII 1111
3075958 06/24/2003 11:09A Weld County, CO
1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
QUITCLAIM DEED AND RELEASE
THIS DEED, made this /all day of "Pet , 2003,
between THE BURLINGTON NORTHERN AND S?.NTA FE RAILWAY COMPANY, a
Delaware corporation, Grantor, and the COUNTY OF WELD, a political
subdivision of the State of Colorado, of 1111 H Street, P.O. Box
758, Greeley, Colorado 80632, Grantee.
WITNESSETH: That the said Grantor, for Ten and No/100 Dollars
($10 . 00) and other good and valuable consideration to the said
Grantor in hand paid by the said Grantee, the receipt whereof is
hereby confessed and acknowledged, hath remised, released, sold,
conveyed and quitclaimed, and by these presents doth remise,
release, sell, convey and quitclaim, without any covenants of
warranty whatsoever and without recourse to the Grantor, its
successors and assigns, unto the said Grantee, its successors and
assigns forever, all the right, title, interest, claim and demand,
if any, which the said Grantor hath in and to the following
described premises, located in Weld County, Colorado, more
particularly described as follows :
All that portion of The Burlington Northern and
Santa Fe Railway Company' s (formerly Chicago, Burlington
& Quincy Railroad Company) Station Ground property at
Stoneham, Colorado, located on the Sterling to New
Raymer, Colorado Branch Line right of way, now
discontinued, being 150 feet wide on the Northerly side
and varying in width on the Southerly side of said
Railway Company' s Main Track centerline, as originally
located and constructed upon, over and across the South
Half of the Southwest Quarter of the Northeast Quarter
and the North Half of the Northwest Quarter of the
Southeast Quarter of Section 5, Township 7 North, Range
56 West of the 6°° Principal Meridian, Weld County,
1
111111111111111111 MI MI 11111 IIO III 11111 IIII IIII
3075958 06/24/2003 11:09A Weld County, C0
2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
Colorado, described as follows:
Beginning at the point of intersection of the
Southerly extension of the centerline of 100 foot wide
Marble Avenue, as per the recorded plat thereof and the
Northerly line of said Station Ground property;
Thence Easterly along said Northerly line 378 feet,
more or less, to the West line of 80 foot wide Flint
Avenue, as per the recorded plat thereof;
Thence South along said West line of 80 foot wide
Flint Avenue 108 feet to a point 50 feet normally distant
Northerly from said Railway Company' s Main Track
centerline;
Thence South 22 degrees, 12 minutes West 100 feet to
a point 50 feet normally distant Southerly from said
Railway Company' s Main Track centerline;
Thence West 264 . 4 feet to a point on a line parallel
with and 150 feet normally distant Southerly from said
Main Track centerline;
Thence North 67 degrees, 48 minutes West along the
last said parallel line 60 feet, more or less, to the
Southerly extension of the centerline of said Marble
Avenue;
Thence Northerly along said Southerly extension of
the centerline of Marble Avenue 323 feet, more or less,
to the point of beginning; Also,
All that portion of said Railway Company' s 100 foot
wide Branch Line right of way, now discontinued, being 50
feet wide on each side of said Railway Company' s Main
Track centerline, as originally located and constructed
upon, over and across the North Half of the Southeast
Quarter of said Section 5, bounded on the East by the
East line of said Section 5 and bounded on the Westerly
side by a line drawn South 22 degrees, 12 minutes West
from the point of intersection of the West line of Flint
Avenue, at Stoneham, Weld County, Colorado, as per the
recorded plat thereof and a line parallel with and 50
feet normally distant Northerly from said Railway
Company' s Main Track centerline (said Westerly boundary
line also being the Easterly line of the hereinabove
first described property) ; Also,
All that portion of said Railway Company' s 200 foot
wide Branch Line right of way, now discontinued, being
100 feet wide on each side of said Railway Company' s Main
2
HIE 11111 11111 HI 11111 III 11111 IIII IIII
3075958 06/24/2003 11:09A Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Track centerline, as originally located and constructed
upon, over and across the South Half of Section 4 and the
Northeast Quarter of the Northeast Quarter of Section 9,
all in Township 7 North, Range 56 West of the 6th
Principal Meridian, Weld County, Colorado, bounded on the
West by the West line of said Section 4 and bounded on
the East by the East line of said Section 4 and the East
line of said Section 9.
SUBJECT, however, to all existing interests, including but not
limited to all reservations, rights-of-way and easements of record
or otherwise.
EXCEPTING AND RESERVING, however, unto said Grantor, its
successors and assigns, all of the coal, oil, gas, casinghead gas
and all ores and minerals of every kind and nature, including sand
and gravel, underlying the surface of the premises herein conveyed,
together with the full right, privilege and license at any and all
times to explore, or drill for and to protect, conserve, mine,
take, remove and market any and all such products in any manner
which will not damage structures on the surface of the premises
herein conveyed, together with the right of access at all times to
exercise said rights .
ALSO, if the premises are locally assessed, the Grantee, and
for its successors heirs and assigns, by acceptance of this deed,
agree to assume all locally assessed real estate taxes, outstanding
and otherwise, and any and all past, present, pending and future
assessments of every nature whatsoever, which have been or may be
levied against the premises .
ALSO, the Grantee, and for its successors and assigns, by
acceptance of this deed, hereby releases and forever discharges the
Grantor, its successors and assigns, from any and all present or
future obligations of the Grantor, its successors and assigns,
including but not limited to the construction of or continued
maintenance thereto of any railroad fences, snow fences, road
crossings, cattle guards, gates, farm crossings, bridges, drainage
or irrigation pipes, if any, located and situated on the premises
herein conveyed.
ALSO, Grantee, by accepting this deed, expressly acknowledges
that Grantee is buying the above described property in an "AS IS"
condition and that Grantee has relied upon its own independent
investigation of the physical condition of said property. Grantee
3
1IIIII 11111 1111111 11111 11111 1111111111 DIED IIII IIII
3075958 06/24/2003 11:09A Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
hereby releases and indemnifies in as far as provided by Colorado
Statutes as amended Grantor and Grantor' s shareholders, officers,
directors, agents and employees from all responsibility and
liability regarding the condition (including, but not limited to,
the physical condition or presence of hazardous materials) ,
valuation or utility of the above described property.
BY ACCEPTANCE OF THIS DEED, Grantee acknowledges that a
material consideration for this conveyance, without which it would
not be made, is the agreement by the Grantee, for its successors
and assigns, that the Grantor, its predecessors, successors, and
assigns shall be in no manner responsible to the Grantee, any
subsequent owner, purchaser, or any person interested therein for
any and all claims, demands, damages, causes of action including
loss of access, or suits regarding the quiet and peaceable
possession of such premises, title thereto, or condition thereof.
IN WITNESS WHEREOF, the said Grantor has caused this deed to
be signed by its authorized officers, and has caused the seal to be
hereto affixed the day and year first above written.
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
BY OCI��G
D. A. Detjen
Manager Real Estate
AND S441%
: F '•¢°
%SSEAL ATTEST:
0, '90 7 O./O-"i
.4.AW?;.
3H1 1N „0
BY {/L,':PilvcAn zJk L.
Patricia Zb horski
Assistant Secretary
4
111111111111111111111111111111111111111 I I 111111 I I I I I I I I
3075958 06/24/2003 11:09A Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Send Tax Bills To:
County of Weld, Colorado
1111 H. Street
Greeley, CO 80632
STATE OF TEXAS )
) ss
COUNTY OF TARRANT )
\Fhe forego ng instrument was acknowledged before me this
day of Aye r , \ , 2003, by D. A. Detjen as Manager
Real Estate and Patricia Zbichorski as Assistant Secretary of The
Burlington Northern and Santa Fe Railway Company, a corporation.
WITNESS my hand and official seal.
My Commission Expires: )01 C 5 10.3
e...� TAMMY K. HUWDON Q 11/1 r rn l V� l 7\6_cM
NotATE FTE No�ry ublic
STATE OF TEXAS
Yy Camm.Ems. 10/
This instrument was drafted by:
The Burlington Northern and
Santa Fe Railway Company
Property and Facilities Management
2500 Lou Menk Drive, AOB 3
Fort Worth, Texas 76131-2830
BN3996-32/sterling to New Rayner, CO
5
L***) MEMORANDUM
WIlDC TO: Clerk to the Board DATE : May 5, 2003
•
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Item for Recording
Please record the enclosed Quit Claim Deed and Release, and the Property Management Agreement
for WCR 149, Document No. 2003-0395.
The appropriate documentation is enclosed
Enclosures
pc: WCR 149
M\FRANCIE.AGENDA-2.DOC
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THE BURLINGTON NORTHERN AND SANTA FE RY.CO.
I INDICATES SALE AREA
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an Stoneham COUNTY Weld STATE Colorado
SCALE 1"=200'+/_ DATE 1/27/03 AFD#
DIVISION SUBDIV.
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THE BURLINGTON NORTHERN AND SANTA FE RY.CO.
[ ]INDICATES SALE AREA
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1 Front s tea...Y.934- .55 To SCALE I" lo'+I- DATE 1/27103 AED n
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