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Home My WebLink About20031071.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 3.25, ACCEPT QUIT CLAIM DEED, ACCEPT DEED OF DEDICATION, AND AUTHORIZE CHAIR TO SIGN - FARFRUMWURKIN, LLLP 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 3.25, a Quit Claim Deed, 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 Farfrumwurkin, LLLP, 11811 Upham Street#12, Broomfield, Colorado 80020, with terms and conditions being as stated in said agreement and deeds, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said deeds, 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 Purchase of Right-of-Way for Certain Improvements to Weld County Road 3.25 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 Farfrumwurkin, LLLP be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Quit Claim Deed and 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 Farfrumwurkin, LLLP, be, and hereby are, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and deeds. (� 2003-1071 ARU k rn avukK, EG0049 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 3.25, ACCEPT QUIT CLAIM DEED, ACCEPT DEED OF DEDICATION - FARFRUMWURKIN, LLLP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of April, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: gte, vid E. Long, hai Weld County Clerk to e '.0'fr ?TaL-' Robert D. sden, Pro-Tem BY: ._iii. • Deputy Clerk to the B /JK2 M. J.teile A P9Ri�ED l n n (— Date of signature: 2003-1071 EG0049 • 579 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 3.25 BETWEEN FARFRUMWURKIN, LLLP AND WELD COUNTY, COLORADO THIS AGREEMENT is made this I'! 7I1 day of .41'0/ , 2003, by and between Farfrumwurkin, LLLP, whose address is 11811 Upham Street#12, Broomfield, Colorado 80020, 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`x'Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 3.25,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 Seven Thousand Three Hundred Forty Seven and no/100 ($7347.00) 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. Page 1 of 3 Pages 11111111111111111111111111111 1111111111111M 3061579 05/12/2003 02:36P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aoo3-/O7/ 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. Weld County will remove and replace the existing fence that presently is located along the west right of way of Weld County Road 3.25.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 west right of way line of Weld County Road 3.25. 9. To document the location of the existing road,Owner agrees to execute a Quit Claim Deed, in favor of County, for the existing road right of way. Weld County will not reimburse the owner for this Quit Claim Deed. 10. Both the concrete lined irrigation ditch and the well located in the new right of way will remain in place. The concrete ditch is approximately 350 if in length and is located at or near station 17+00 and left of centerline. The well is located at the approximate station 37+00 and left of centerline. The stationing is based on the Southeast corner of the West One-Half of the Southwest One-Quarter of Section 32, Township 2 North, Range 68 West being station 0+00 and increasing to the north.If at such time County determines the well, concrete lined irrigation ditch or existing irrigation pipelines need to be removed from the right of way,County will reimburse Page 2 of 3 Pages 1111111111111111111101 111111 IM MO III VIII IIII II 3061579 05/12/2003 02:36P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder the owner for the cost of removal and the cost of replacement outside the right of way. Owner shall be allowed continuous use and enjoyment of the existing well, concrete lined irrigation ditch and irrigation pipelines over,under and across the new right of way. 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: STATE OF COLD�ADO / FARFRUMWURKIN, LLLP COUNTY OF ,(5rOpn.&7ie.(c� } � 3 On the lie- day of s>�nn:/ 3 P personally appeared befo me —� /John File, General P er 'O /1n 1-((c Oti Pc7ce( 47-e_ the signer(s) of the above Instrument,who duly TAX ID NUMBER: acknowledged to me that( )executed the same. My : 1s+orf'eXpires: Notary Public w r, g. 7 s o5Leten F•, 9£ Pei6. .".,,. BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF 12 % COLORADO Weld County Clerk to f :o•. �.p,.}, • 1861 _:T Cil 412 By: T Oi 4 BY: Deputy Clerk to the : .and , 7 1 1,,4;- David E. Long, Chairm `=:•72`� (04/30/2003) Page 3 of 3 Pages 1 HID VIIIVIII11IIII111111 NIB DINE IIIIIIII 3061579 05112/2003 02:36P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3 i07) I EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southwest One-Quarter and the Northwest One-Quarter of Section 32, Township 2 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Southeast corner of the West One-Half of the Southwest One-Quarter of said Section 32, from whence the Northeast corner of the West One-Half of the Southwest One- Quarter of said Section 32 bears N00°04'25"W with all bearing contained herein relative thereto; thence N36°20'21"W a distance of 101.15 feet to the west line of Weld County road 3.25 and the POINT OF BEGINNING; thence S45°40'05"W a distance of 13.99 feet; thence N00°02'25"E a distance of 2622.92 feet; thence N00°08'35"E a distance of 2213.31 feet; thence N00°51'04"W a distance of 172.01 feet to the south line of that parcel described in Book 1622 at page 622 at the office of the Clerk and Recorder of Weld County, Colorado; thence N34°41'46"E along said South line a distance of 22.89 feet; thence S00°08'35"W a distance of 2404.14 feet; thence S00°02'25"W a distance of 2614.34 feet to the POINT OF BEGINNING and containing 1.157 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 Powers Elevation Surveying Company, Inc., PO Box 707, Frederick, Colorado 80530. 111111 11111 1111111 1111 In I n 1111111111111 11111 1111 t it l 3061579 05112/2003 02:36P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder NE Cor W1/2 NW1/4 CB&0 RAILROAD Sac 32-2-68 COMPANY (ABANDONED) EXHIBIT NAP A N34'41'46"E 22.89' NO0'51'04"W 172.01' JL r 500'08'35"W 2404.14' n H N N W 0 300 600 1200 n o . 0 g b Z N W N a O b 2 NE Cor W1/2 SW1/4 Sec 32-2-68 'v PI) v e N W N N O b 0 N N 01 ID N N N W N N N O 2 500'02'25"W 2613.13' 1111111 11111 1111111 IIII 111111 IIII 111111 III VIII IIII IIII 3061579 05/12/2003 02:36P Weld County, CO 5 of 5 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 5"W N36'20 21"W 545'!0'0 ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 13.99''0 101.15' WELD COUNTY PUBLIC WORKS DEPARTMENT SE Cor WI/2 SW1/4 SEc 32-2-68 SURVEY LVS DESIGN WELD COUNTY ROAD 31/4 DEED 1 °` 1 PRAWN DESCRIPTION DATE Aril I, 2003 EXHIBIT MAP 580 QUIT CLAIM DEED THIS DEED is made this qT" day of -3 , 2003, between Farfrumwurkin, LLLP, whose address is 11811 Upham Street, #12, Broomfield, Colorado 80020, party of the first part and Weld County, Colorado, a body politic and corporate of the State of Colorado, whose address is 915 10`h Street, Greeley, Colorado 80631, party of the second part. WITNESSETH,that the said party of the first part, for sufficient consideration, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right,title, interest, claim and demand which the said party of the first part has in and to the parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit"A." TO HAVE AND TO HOLD the same, together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. OWNER: F rlgn, LLLP Jo File, General Partner STATE OF COLORADO ) ) ss. COUNTY OFCflab •� The foregoing instrument was acknowledged before me this day of �' 1 `4-�- , 2003, by John File, General Partner, Farfrumwurkin, LLLP. lO t-N__O l t r plE 1ppg t1' to Notary Public t ' y iNt 0% My commission expires: 4 r2-(`' ® 5 a; .t �./ PP: I!iU?IIII IIIJYfl' I(IIJUdffhII I IIII III Oil 11111111 OF COQ=CO Emires 10of 540 R 0.00 p 0.00 2Steve Moreno Clerk& Recorder CArme Armenia* * vet'03 -/07) � I 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 deeded property as Public Rights of Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 30th day of April , 2003. ATTEST: Late/S COUNTY OF WELD, A BODY CLERK TO THE BOA' �4P . 11.,0 CORPORATE AND POLITIC OF THE COUNTY COMMISSISI RJi ® ` STATE OF COLORADO THE COUNTY OF W a'o t t f BY: 2 -- J<d; BY: Deputy Clerk to the Board David E. Long,Chair 0 30/2003) BOARD OF COUNTY C MISSIONER OF THE COUNTY OF W LD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 30th day of April , 2003 by David E. Lo!. ....? •ARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. 2O A... �Ue<•� ;°. Witness my hand and official se. ( (sN'\ f / ^r, ublic My commission expires: pyC mmissionilassMay 15,2006 I IIIIII I III DOH III' 111111 MI 111111 III 11111 IIII Ill 3061580 05/12/2003 02:36P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3-io7/ EXHIBIT A LEGAL DESCRIPTION QUIT CLAIM DEED A parcel of land located in the Southwest One-Quarter and the Northwest One-Quarter of Section 32, Township 2 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: BEGINNING at the Southeast corner of the West One-Half of the Southwest One-Quarter of said Section 32, from whence the Northeast corner of the West One-Half of the Southwest One- Quarter of said Section 32 bears N00°04'25"W with all bearing contained herein relative thereto; thence N00°04'25"W along the East line of said West One-Half of the Southwest One-Quarter a distance of 80.00 feet to the POINT OF BEGINNING; thence N88°34'55"W a distance of 60.00 feet; thence N00°02'25"E a distance of 2613.13 feet; thence N00°08'35"E a distance of 2404.14 feet to the South line of that parcel described in Book 1622 at page 622 at the office of the Clerk and Recorder of Weld County, Colorado; thence N34°41'46"E along said parcel a distance of 73.34 feet to the East line of the West One-Half of the Northwest One-Quarter of said Section 32; thence S00°09'37"E along said East line a distance of 2664.71 feet to the East line of the West One-Half of the Southwest One-Quarter of said Section 32; thence S00°04'25"E along said East line a distance of 2614.34 feet to the POINT OF BEGINNING and containing 6.128 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 Powers Elevation Surveying Company, Inc., PO Box 707, Frederick, Colorado 80530. I IIIIII VIII IIIIIII III' IIIIII IIII IIIIII III VIII IIII IIII 3061580 05/12/2003 02:36P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder NE Cor W1/2 NW1/4 CB&O RAILROAD Sac 32-2-68 COMPANY (ABANDONED) 166.80' EXHIBIT MAP Al N34'41'46"E 73.34' QUIT CLAIM DEED •4-60.00' ROADWAY USAGE JL N r N e N w W o T N 0 W E, 0 300 600 1200 ,7 to it m 0 z NE Cor W1/2 SW1/4 Sac 32-2-68 60.00' ROADWAY USAGE M N � W h iA Y N ,p N N O W b O b 2 N O b 0 N 1 111111 11111 1111111 IIII 1111111111 111111 III 111111111 IIII 3061580 05/12/2003 02:36P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 60.00' ROADWAY USAGE NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO N88'34'55"W NOO'O4'25"W ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 60.00' / 80.00' WELD COUNTY PUBLIC WORKS DEPARTMENT SE Cor W1/2 SW1/4 Sac 32-2-68 SURVEY LVS DESIGN WELD COUNTY ROAD 31/4 QCD DEED 1 1 DRAWN DESCRIPTION 1 1 DATE April I, 2003 EXHIBIT MAP 581 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Farfrumwurkin, LLLP, whose address is 11811 Upham Street, #12, Broomfield, Colorado 80020, 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 encumbr ces, except existing easements, and warrants title to the same. Jo File, General Partner Farfrumwurkin, LLLP STATE OF COLORADO ) ) ss. COUNTY OFrOtcoaCC) nth The foregoing instrument was acknowledged before me this I —day of , 20 ©3 by John File, General Partner, Farfrumwurkin, LLLP. Witness my hand and official seal. Notary Public r�GO�E LO1,4 ,++ My commission expires: 4--Z —fDcj f / ms's 4� i 1++u+�t. A a O 1%�rF\.C/g1\GOQt. ‘‘‘,..Op `CO`__ L My Coortrosion Expires AM 26,2006 Page 1 of 2 pages 1111111 (IIII 1111111 IIII 111111 IIII 111111 III IIIII IIII IIII 3061581 05/12/2003 02:36P 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 30th day of April , 20 03 . ATTEST: rnalij COUNTY OF WELD, A BODY CLERK TO THE BOARD O CORPORATE AND POLITIC OF THE COUNTY COMMISSIO 1F1 itM STATE OF COLORADO THE COUNTY OF WE sei O BY: 4 BY: Deputy Clerk to the Boar David E. Long, Chair, (04 0/2003) BOARD OF COUNTY CO SSIONERS OF THE COUNTY OF LD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 30th day of April 20 03 , by David E. Long, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official se. I , i SHARON KAHL 1• •• . t 'otc zlic .OF C • OLO..••'�/ ' My commission expires: My Commission Expires May 15.2000 Page 2 of 2 page I IIIIII IIII' IIIIII' IIIIIIIIII 'llI IIIIIIIIIIIII' IIIIIIII 3061581 05/12/2003 02:36P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 90o3--/O7/ EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southwest One-Quarter and the Northwest One-Quarter of Section 32, Township 2 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Southeast corner of the West One-Half of the Southwest One-Quarter of said Section 32, from whence the Northeast corner of the West One-Half of the Southwest One- Quarter of said Section 32 bears N00°04'25"W with all bearing contained herein relative thereto; thence N36°20'21"W a distance of 101.15 feet to the west line of Weld County road 3.25 and the POINT OF BEGINNING; thence S45°40'05"W a distance of 13.99 feet; thence N00°02'25"E a distance of 2622.92 feet; thence N00°08'35"E a distance of 2213.31 feet; thence N00°51'04"W a distance of 172.01 feet to the south line of that parcel described in Book 1622 at page 622 at the office of the Clerk and Recorder of Weld County, Colorado; thence N34°41'46"E along said South line a distance of 22.89 feet; thence S00°08'35"W a distance of 2404.14 feet; thence S00°02'25"W a distance of 2614.34 feet to the POINT OF BEGINNING and containing 1.157 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 Powers Elevation Surveying Company, Inc., PO Box 707, Frederick, Colorado 80530. HIM 111111111111IIII1111111111111111IIIIIIII1111��I 3061581 05/12/2003 02:36P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder NE Cor W1/2 NW1/4 CBMQ RAILROAD Sec 32-2-68 COMPANY (ABANDONED) EXHIBIT MAP N34'41'46"E 22.89' NOO'51'O4"W 172.01' J L r 500'08'35"W 2404.14' n N N W 0 300 600 1200 n n b m o 'o N W N 10 a O b O N NE Cor W1/2 SW1/4 Sec 32-2-68 n Y b W N N O b 0 N N 0.0 N N N W in N N O Z 500'02'25"W 2613.13' 1111111 11111 1111111 III' 111111 IIII I'llll III VIII IIII IIII 3061581 05/12/2003 02:36P Weld County, CO 4 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. 17 IS INTENDED TO N36'2O'21"W ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 545'40'05"W 101.15' 13.99' WELD COUNTY PUBLIC WORKS DEPARTMENT SE Cr32 -6 SW1/4 SEc or w1/8 SURVEY LVS DESIGN WELD COUNTY ROAD 31/4 DEED 1 1 DRAWN DESCRIPTION 1 1 DATE April I. 2003 EXHIBIT MAP MEMORANDUM IIIID : CTO: Clerk to the Board DATE : April 24, 2003 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Item for Agenda Please submit the enclosed item for the Board's approval and Chair's signature: Agreement,Acceptance,Deed of Dedication,and Quit Claim Deed Concerning Purchase of Right-of-Way for Certain Improvements to WCR 3.25 with Farfrumwurkin,LLLP The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent MIFRANCIE,AGENDA-3.DOC 2003-1071 Hello