HomeMy WebLinkAbout20011714.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126 AND AUTHORIZE CHAIR
TO SIGN -TERRY GRAZING ASSOCIATION
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 Purchase of
Right-of-Way for Certain Improvements to Weld County Road 126 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 Terry Grazing Association, P.O. Box 3170,
Cheyenne, Wyoming 82003, 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 Purchase of Right-of-Way for Certain
Improvements to Weld County Road 126 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 Terry Grazing Association 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 25th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
oo-_im.,, WELD CO , COLORADO
• / ��
ATTEST:
Weld County Clerk to the r 13N .(( ';iQ5 e 1�
idea V. Glenn Vaad, em
BY: g -�i�, !/ I \ 7�
Deputy Clerk to the Board - A-t-"
William H. Jerke
APPRO ' AS • . •RM:
EXCUSED DATE OF SIGNING (AYE)
vi E. Long
. nt for ey
Robert D. Masden
2001-1714
EG0041
2 AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 126 BETWEEN TERRY GRAZING ASSOCIATION AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this /L day of-Jct7.ii. , 2001, by and between Terry
Grazing Association, whose address is P.O. Box 3170, Cheyenne, Wyoming 82003 , 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 126,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 Six Hundred Ninety Eight and no/100 ($698.00)
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.
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
Theta 1 Pages
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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 2001 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 agrees to execute a utility easement, for the benefit of Poudre Valley Rural
Electric Association, Inc. Said easement will be 20 feet in width and located
immediately north of and adjacent to the new right of way, and described as A
UTILITY EASEMENT,20 FEET WIDE, 10 FEET EACH SIDE OF POWER LINE
CENTER,GUY WIRES AND OTHER APPURTENANCES AS CONSTRUCTED
ON WORK ORDER#34590.The easement is for the construction and maintenance
of an overhead electric line that is being moved to allow for road improvements.The
County agrees to pay the Owner the sum of Three Hundred dollars($300.00)for this
easement.
9. County agrees to reimburse Owner the sum of Two Thousand Seventeen and 23/100
($2017.23) dollars, for the removal of the existing fence and installation of
approximately 1784 feet of fence along the new right of way, as shown and/or
described on Exhibit "A". Owner will maintain new fence. County will furnish
construction stakes at right of way corners to aid in alignment of new fence. New
fence will be constructed and old fence will be removed prior to August 15, 2001
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.
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22 8 of 5 2 R 0 00,20 0.00 2We Weld County NCO Tsukamoto
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
TERR GRAZING ASSOCIATION
i0717 / L/2
Ron Thiel, Member and Manager
Tax ID # S"{ — Cis'/—/ & 7 (f
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY,
La STATE OF COLORADO
ATTEST: 4
M �►�/,r:
Weld County Clerk to B T •�ri++,p
1661 1 �: 41/42
;*^r. 1/
Deputy Clerk to the B: 9114/t
M. J Geile, Chairman (Olo/a5b2Cu 0
Page 3 of 3 Pages
1 Ill 111111111111 III! IIII Iilil UIIIII III 111111111 Ill
2861152 06/27/2001 02:471' JA Suki Tsukamoto
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land, located in the South One-Half of Section 21, Township 11 North, Range 67
West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as
follows:
Commencing at the Southwest corner of said Section 21, from whence the Southeast corner of
said Section 21 bears S89°55'21"E a distance of 5279.22 feet, with all bearings contained herein
relative thereto; thence S89°55'21"E along the South line of said Section 21 a distance of
1550.62 feet; thence N00°00'00"E a distance of 30.00 feet to the North line of Weld County
Road #126 and the POINT OF BEGINNING; thence N87°12'34"E a distance of 312.11 feet;
thence N75°32'28"E a distance of 101.12 feet; thence N89°44'32"E a distance of 431.50 feet;
thence S85°20'51"E a distance of 373.97 feet; thence 588°32'09"E a distance of 565.61 feet to
the North line of Weld County Road#126; thence N89°55'21"W along said North line a distance
of 1779.32 feet to the POINT OF BEGINNING and containing 0.872 acres, more or less.
SURVEYOR'S CERTIFICATION
I, Leon W. Sievers, a duly Registered Land Surveyor in the State of Colorado, do hereby certify
that this Property Description was prepared by me or under my personal supervision and that it is
true and correct to the best of my professional knowledge, information and belief and is not a
guaranty or warranty, either expressed or implied.
For and on behalf of Weld County
Leon W. Sievers
PLS #23520
June 6, 2001 at
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2861152 06/27/2001 02:47P JA Suki Tsukamoto
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¢ THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND ' i�i�OVAC LA1'A -1`���`�`\
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MEMORANDUM - ,1111 D
C TO: Clerk to the Board DATE: June 18, 2001
•
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 to purchase right-of-way for improvements to WCR 126, between Terry Grazing Association
and Weld County, Colorado.
The appropriate documentation is attached.
Enclosures
2001-1711
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