HomeMy WebLinkAbout20010715.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 9.5 AND AUTHORIZE CHAIR
TO SIGN - REYNOLDS CATTLE 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 Agreement Concerning Purchase of
Right-of-Way for Certain Improvements to Weld County Road 9.5 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 Reynolds Cattle Company, 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 9.5 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 Reynolds Cattle Company 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 14th day of March, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C TY, COLORADO
ATTEST: J2 �f �) L a SAW
I � M. J. Geile, Chair
Nip
Weld County Clerk to 96 =" 'eiv
i i �� W A� Glenn Vaadraca
BY: _.ii� �t2.. i , . •
Deputy Clerk to the Bo 'r EXCUSED DATE OF SIGNING (AYE)H.APP Willierke ED4CS FORM: c\A "N_,
D i Lo ` ,
County Attorney
Ro ert D. asd n
2001-0715
EG0041
[0 AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 9.5 BETWEEN REYNOLDS CATTLE COMPANY AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this 13 day of #1/ac-1 ,2001 by and between Reynolds
Cattle Company, whose address is PO Box 675, Longmont, Colorado, 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, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 9.5,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 Twenty Three Thousand, One Hundred Forty Eight
and no/100 ($23,148.00) dollars.
2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and
clear of all encumbrances.
3. County agrees to pay the costs of title insurance and recording fees, if necessary as
determined by County.
4. County agrees to reimburse the Owner the sum of Seventy One Thousand, Four
Hundred Six dollars and Sixty cents ($71,406.60), for the costs of design and
construction of three new irrigation diversion structures, construction of a shared
ditch and headgate with Excel Energy,construction of approximately 1100 lf.of new
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irrigation lateral. The final design plans shall be reviewed by the County prior to
beginning of construction and the construction shall be completed prior to the start
of the irrigation season. County does not, by virtue of its entering into this
Agreement and upon its promise to reimburse the Owner for the work contemplated
herein, make warranties, either expressed or implied, for such work. Any warranty
by a contractor hired by Owner to perform such work shall run to the benefit of the
Owner.
5. 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.
6. 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.
7. Owner warrants that he/she is the owner of the Right-of-Way and will defend title
thereto against all claims.
8. 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.
9. Owner agrees to execute an irrigation easement, as shown on Exhibit "B", for the
benefit of Excel Energy, for the shared lateral and structures that are located on the
Owner's property. The easement shall be 20 feet in width and immediately adjacent
to the east right of way line of WCR 9.5, as shown on Exhibit "A". The actual
location will be shown on an Exhibit Map with an accompanying legal description
and attached to the Easement document. The easement is for the construction,
operation and maintenance of the irrigation line that is being moved to allow for road
improvements. The County agrees to pay the Owner the sum of Three Hundred
($300.00) dollars for this easement.
10. Owner agrees to execute a drainage easement, as shown on Exhibit "B", for the
benefit of Weld County,for the construction and maintenance of a drainage pipe and
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appurtenances. The easement shall be 20 feet in width, approximately 145 feet in
length and be constructed in the existing drainage swale as it extends beyond the east
right of way line of WCR 9.5, as shown on Exhibit"A". The actual location will be
shown on an Exhibit Map with an accompanying legal description and attached to
the Easement document. The easement is for the construction, operation and
maintenance of the drainage facilities that are being constructed to allow for road
improvements. The County agrees to pay the Owner the sum of Three Hundred
($300.00)dollars for this easement.
11. Weld County authorizes two access curb cuts for future development of the property.
The exact location will be determined during the development, design and review
process.
12. Weld County will grant the Owner the right to cross Weld County Road 9.5 with a
single water line to service future development of the Owners property.The crossing
will be substantially at right angles to the centerline of the road and at a location to
be determined when development plans are finalized.
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.
ATTEST: OWNER:
REYNOLDS TTL OMPANY
/Qorporate Secret BY: Tom Reynolds, Vice President
����//// Tax ID # : 8, t/— 0119 3367
ATTEST:� ) ter�/Q e / / BOARD OF COUNTY COMMISSIONERS
Sr �I'�"�►� OF WELD COUNTY, STATE OF
La COLORADO
Weld County Clerk to 9,e : • ,0+ ' a
/ ;11jI' pp,�,�,,
1861 ('t "�O�S By: �(c 1._)Y.1�-s .���I BY: �� , ,G /
Deputy Clerk to thee`,:uN \ / . J. Ge1le,hairman (03/14/2001)
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2834810 03/23/2001 04:51P JA Suki Tsukamoto
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PROPERTY DESCRIPTION
Exhibit A
A parcel of land located in the Northeast Quarter (NE1/4) of Section Twenty-three (23), Township
Three North (T.3N.), Range Sixty-eight West(R.68W.) of the Sixth Principal Meridian (6'' P.M.),
County of Weld, State of Colorado and being more particularly described as follows:
COMMENCING at the Center Quarter Corner (C1/4) of said Section 23 and assuming the West
line of said NE 1/4/4 to bear North 01°05'19" West with all bearings here in relative thereto:
THENCE North 89°26'52" East along the South line of said NE1/4 a distance of 30.00 feet to the
East Right-of-Way (ROW) of Weld County Road (WCR) 9 'h, said Point being the POINT OF
BEGINNING;
THENCE North 01°05'19" West along said East ROW a distance of 2632.30 feet to the South
ROW of WCR 32;
THENCE North 89°49'16" East along said South ROW a distance of 280.27 feet;
THENCE South 53°02'57" West a distance of 257.50 feet;
THENCE South 01°05'19" East a distance of 960.03 feet;
THENCE South 03°08'01" West a distance of 423.92 feet;
THENCE South 01°05'19" East a distance of 664.30 feet;
THENCE South 03°49'12" East a distance of 430.96 feet to the South line of said NE 1/4;
THENCE South 89°26'52" West along said South line a distance of 60.88 feet to the POINT OF
BEGINNING.
Said parcel contains 3.858 acres more or less (±), and is subject to any rights-of-way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervisio and checking, and that it is true
and correct to the best of my knowledge and belief. Poo
off . ...Ec,;
Off, PE CE •S• F
P Fo.
Lawrence S. Pepek Nn'•. • <4, January 3, 2001
Colorado Registered Pr sional /g1gC LANG S zt
Land Surveyor#33642
KING SURVEYORS, INC.
9299 Eastman Park.Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 99381
FILE 99381\99381 row a.doc
•
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2834810 03/23/2001 04:51P JA Suki Tsukamoto
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COUN ROAD RIGHT-TMOFR WA° EXHIBIT A N T.3N. R.68W.3
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I PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: WELD COUNTY
WWW.KINGSURVEYORS.COM DWG: 99381 ROW
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