The URL can be used to link to this page

Browse Search

Home My WebLink About20030685.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - SPAYD HAY 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 an Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 39 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 Spayd Hay Company, do Marvin Spayd, President, 2640 1-76 Frontage Road, Hudson, Colorado 80642, 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 Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 39 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 Spayd Hay Company, 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 17th day of March, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WEL OUNTY, COLO DO ATTEST: iiti ,.i m I�/ . -' vid E. Lo g, Chair Weld County Clerk to t O/ id a r?� `�°) Y 4 Robert D. Malden, Pro-Tem BY: �:/ Deputy Clerk to the Boa:`ws V EXCUSED M. J. Geile AS TO F • EXCUSED DATE OF SIGNING (AYE) William H. Jerke unty Attorne ��, G enn Vaad da-11 Date of signature: '�G 2003-0685 co; a/ fig �p . EG0047 067 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39 BETWEEN SPAYD HAY COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 4 G day of Stti , 2003, by and between Spayd Hay Company,Marvin Spayd,President,whose address is 2640 I-76 Frontage Road,Hudson, Colorado 80642,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 the Weld County Road 39 and 40 intersection, 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 One Thousand and no/100 ($1000.00) 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 y7 underlying oil and/or mineral interests or the water rights to the right-of-way. Initial )4 3 Page 1 of 3 Pages 1111111111111111111 11 111111111111 111111III11111 It 1111 3046067 03/27/2003 02:33P Weld County, CO 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ,??003-042g-5 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. County will extend the existing irrigation siphon pipe that is presently located immediately north of the intersection of Weld County Road 39 and 40. County will remove and reconstruct that portion of the existing concrete lined irrigation ditch and headgate that is attached to the siphon and located within the right of way described in Exhibit A. 9. County will remove approximately 370 lf. of existing fence located along the east side of Weld County Road 39 and will replace with a new fence on the new east right of way line. The fence will be a 4 strand barbed wire fence with steel posts set approximately every 16 feet with a wood post placed every 4th steel post. Initial Page 2 of 3 Pages HBO 11111 HMI 1111111111 �� 111111 �� 111111111 �� 3046067 03/27/2003 02:33P Weld County, CO 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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: SPAYD HAY COMPANY Marvin Spay , Pr ident TAX ID NUMBER: ATTEST: � .° "" BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF • _ ® COLORADO Weld County Clerk to B. 1861 hi By: /i . 4_: BY: Deputy Clerk to the BO'atd ` - David E. Long, h i an (3//7/ 3) Page 3 of 3 Pages 1111111111111111111111111111111111111111111111111111111 3046067 03/27/2003 02:33P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder . v 3 O(4'3 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southwest One-quarter of Section 29, 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 Southwest corner of said Section 29, from whence the West Quarter corner of Section 29 bears N00°31'05"W, with all bearings contained herein relative thereto; thence N44°38'36"E a distance of 42.31 feet to the East right of way line of Weld County Road 39 and the North right of way line of Weld County Road 40 and the POINT OF BEGINNING; thence N00°31'05"W along said East right of way line a distance of 370.10 feet; thence S90°00'00"E a distance of 10.00 feet; thence S00°31'05"E a distance of 295.05 feet; thence S45°20'57"E a distance of 106.38 feet to the North right of way line of Weld County Road 40; thence S89°48'16"W along said North line a distance of 85.00 feet to the POINT OF BEGINNING and containing 0.150 acres, more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and was based on survey information provided by Alles and Associates, 28 N. 2nd Street, LaSalle, Colorado 80645 111111111N II MIMI 3046067 03/27/2003 02:33P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP �1 W1/4 Cor Sec 29-4-65 EXISTING - -- 30' ROW c0 S90'00'00"E ix- 1 10.00' 1'' m in oa MN OV1 O < N zm O IA m N O Li O U7 n O M 3 M O In 0 o M O O Z 545'20'57"E 106.38' N44'38'36"E , 589'48'16"W 85.00' S89'48'1 6"W J L 42.31 ' ! SECTION LINE r SW Cor EXISTING Sec 29-4-65 30' ROW O`000 200 1111111 VIII 111111 I111111111 IIII 111111 III HUM 1111 mmaS 3046067 03/27/2003 02:33P Weld County, CO NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 5 of 5 R 0.00 D 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 SURVEY LWS pcsiGN WELD COUNTY ROAD 39 DEED DRAWN RAVE JANUARYDESCRIPTION ATF JAARY 28, 2003 EXHIBIT MAP • a rAt IZANDL M21 1 ' MEMO CTO: Clerk to the Board DATE: March 7, 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 Purchase of Right-of-Way For Certain Improvements to WCR 39 with Spayd Hay Company. The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent M:\W PFILES\Francie\AGENDA.wpd 2003-0685 927 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Spayd Hay Company, whose address is 2640 I-76 Frontage Road, Hudson, Colorado 80642, 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. OWNER: SPAYD HAY COMPANY )91€ a4 Marvin Spayd, P esi t STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this5 day of 2 `R- , 20©3, by Marvin Spayd, President, Spayd Hay Company, Owner. IVY Witness my hand and official seal. Notary Fubl'c � r My co., ission expires: ictr aQ07 U 4' ' OF CCAP Page I of 2 pages 1 111111 11111 11111 11111 111111 111 11111 III 11111 3074927 06/20/2003 10:56A Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder (:0 ft, Rw, 4-PPL aoas-o6 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 16th day of June , 2003 . ATTEST: gi %24 COUNTY OF WELD, A BODY CLERK TO THE BOARD OF InlimarN, CORPORATE AND POLITIC OF THE COUNTY COMMISSION r i ; - I . �_ , STATE OF COLORADO THE COUNTY OF WELTS Allgrep�:• t 18.1 e i BY: Ga%G/lti I ( BY: Deputy Clerk to the Board 444Fam David E. Long, Chair, ( /16/2003) BOARD OF COUNTY C SSIONERS OF THE COUNTY OF ELD (Approved 03/17/2003) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 16th day of June , 20 03, by David , Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY O 11PUk Witness my hand and official se SHARON KAHL 9 • �Op" ublic • My Commission ExpiresMay 15,2006 My commission expires: Page 2 of 2 page 1 111111 11111 1111111 11111 11111 1111 111111 111 11111 1111 1111 3074927 06/20/2003 10:56A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aOO3�(o-g5 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southwest One-quarter of Section 29, 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 Southwest corner of said Section 29, from whence the West Quarter corner of Section 29 bears N00°3 1'05"W, with all bearings contained herein relative thereto; thence N44°38'36"E a distance of 42.31 feet to the East right of way line of Weld County Road 39 and the North right of way line of Weld County Road 40 and the POINT OF BEGINNING;thence N00°31'05"W along said East right of way line a distance of 370.10 feet; thence S90°00'00"E a distance of 10.00 feet; thence S00°31'05"E a distance of 295.05 feet; thence S45°20'57"E a distance of 106.38 feet to the North right of way line of Weld County Road 40; thence S89°48'16"W along said North line a distance of 85.00 feet to the POINT OF BEGINNING and containing 0.150 acres, more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and was based on survey information provided by Alles and Associates, 28 N. 2"d Street, LaSalle, Colorado 80645 1111111 Hill VIII 11111 IIII 111111 III 11111 IIII IIII 3074927 06/20/2003 10:56A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 02O0,3—OG IES • EXHIBIT MAP W1/4 Cor Sec 29-4-65 EXISTING 30' ROW 0 590'00'00"E 10.00' m L- O 0 M (/1 O Q M Z m O U-, T cV O in O 3 b in O O M O O Z 545'20'57"E 106.38' N44'38'36"E y S89'48'16"W 85.00' 589'48'16"W 42.31 ' ♦♦♦ 1 SECTION LINE JL SW Cor EXISTING Sec 29-4-65 30' ROW O 50 100 200 1111111111111111111111111111111111111111111111111111 3074927 06/20/2003 10:56A Weld County, CO NOTE: THIS EXHIBIT NAP DOES NOT REPRESENT A NONUMENTED 4 of 4 R 0.00 0 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 SURVEY LVS oes,G„ WELD COUNTY ROAD 39 DEED 1 1 DF GYM DESCRIPTION 1 DATE JANUARY 22, 2003 EXHIBIT MAP riv---10 ,. MEMORANDUM- , , ;,:j ) C TO: Clerk to the Board DATE: June 10 , 2003 • COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Item for Chair's Signature Please submit the enclosed item for the Chair's signature. Deed of Dedication and Acceptance as a follow-up to the Agreement with Spayd Hay Company for WCR 39 right-of-way, Document No. 2003-0685. The appropriate documentation is enclosed Enclosures WCR 39 project file M:AFRANCIE\SIGNATURE.W PD (9OO3-66?S Hello