HomeMy WebLinkAbout20012320.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY AND AUTHORIZE CHAIR TO SIGN - LIND
LAND 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 for the Purchase of right-
of-way for Improvements to Weld County Road 62 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 Lind Land 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 for the Purchase of right-of-way for Improvements
to Weld County Road 62 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 Lind Land 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 20th day of August, A.D., 2001.
BOARD OF UNTY COMMISSIONERS
El, WELD CO TY, COLORADO
ATTEST: iitetki'�
1861 . . eile, Chair
Weld County Clerk to th =o
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®/ �~ Glenn Vaad, ro- em
BY: �. LA, 'V
Deputy Clerk to the Board
Jere
APPROVER AS tO M: ,
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Date of signature: /�-7
2001-2320
Po, Pte & EG0041
AGREEMENT
048 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 62 BETWEEN LIND LAND COMPANY AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this /0 day of , 2001, by and between Lind
Land Company, Incorporated, hereinafter referred to as"O ,"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 62, and
WHEREAS,Owner owns the property described in the attached Exhibit,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,attached hereto and hereinafter referred to herein as the"Right-
of-Way" for the sum of Four Thousand, Five Hundred Seventy Five and no/100
($4,575.00) 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
contained shall be binding on either party, or its agents or employees, hereto. This
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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. County agrees to provide compensation to the Owner in the amount of Four
Thousand, Seven Hundred Seventy Three and no/100($4,773.00)dollars for 4.773
acres,more or less,of lost irrigated acreage as a result of removing 271f. of sprinkler
pipe length on the pivot sprinkler located in the Northwest One-Quarter of Section
6, Township 5 North, Range 67 West.
9. County agrees to provide compensation to the Owner in the amount of Fourteen
Hundred, Eighty and no/100 ($1480.00) dollars for removal of 27 l.1 of pivot
irrigation sprinkler line and install an end gun on the last pipe, as provided in sales
contract number: SE of WCR 62 & WCR 13 from Valley Irrigation of Greeley,
dated August 1, 2001. The sprinkler is located in the Northwest One-Quarter of
Section 6, Township 5 North, Range 67 West.
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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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
LIND LAND COMPANY, INC.
M in ' d, President
ATTEST: iatelad BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
V.----.E La COLORADO
Weld County Clerk to B , dr
'4
cc w.
B Cv�lCJ • `J i%!
Y BY:
Deputy Clerk to the af'1 ,V\,t Nis M. J. eile, Chairman
Page 3 of 3 Pages
111111111111 IIIIIII NH 11111111111 III 11111 Jill IIII
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PROPERTY DESCRIPTION
Lind Property (West Parcel)
A parcel of land being part of Lot Two (2) of the Northwest Quarter(NW 1/4) of Section Six (6),
Township Five North (T.5N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th
P.M.), County of Weld, State of Colorado and being more particularly described as follows:
BEGINNING at the Northwest Corner of said Section 6 and assuming the North line of said NW 1/4
as bearing North 89°16'31" East, being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/92, a distance of 2609.00 feet with all other
bearings contained herein relative thereto:
THENCE North 89°16'31" East along said North line a distance of 30.00 feet to the intersection with
the Easterly Right-Of-Way (ROW) line of Weld County Road#13 (WCR#13);
THENCE South 00°09'03" West along said Easterly ROW line a distance of 30.00 feet to the
intersection with the Northerly ROW line of Weld County Road#62 (WCR#62). Said point being the
TRUE POINT OF BEGINNING:
THENCE North 89°16'31" East along said Southerly ROW line a distance of 2578.75 feet to the East
line of said NW 1/4;
THENCE South 00°36'41" West along said East line a distance of 5.28 feet;
THENCE South 89°08'58" West a distance of 909.01 feet;
THENCE South 83°37'31" West a distance of 197.97 feet;
THENCE South 89°07'42" West a distance of 803.41 feet;
THENCE North 85°09'18" West a distance of 195.40 feet;
THENCE South 89°15'51" West a distance of 474.87 feet to the Easterly ROW line of said WCR
#13;
THENCE North 00°09'03" East along said Easterly ROW line a distance of 9.96 feet to the TRUE
POINT OF BEGINNING.
Said described parcel of land contains 0.915 Acres, more or less (±) and is subject to any rights-of-
way or other easements as granted or reserved by instruments of record or as now existing on said
described parcel of land.
SURVEYOR'S CERTIFICATE
I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true and
correct to the best of my knowledge, information, belief, and in my professional opinion.
000 0/
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Charles B. Jones :tr
Audi
Colorado gthssional o;
-4LY <fr
Land Surveyor #22098t%;14N4L iAttp % '
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
Project Number: 99382 (March 27, 2001)
(File: lind-w.asc)
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2877048 08/22/2001 04:37P JA Suki Tsukamoto
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NTER
LIND PROPERTY EXHIBIT SECTION 6,
ION 67W.
\ \ NORTH QUARTER CORNER
1 l SECTION 6, T.5N., R.67W.
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2877048 08/22/2001 04:37P JA Suki Tsukamoto
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1 1YING SURVEYORS, INC. PROJECT NO: 99382
`��� 9299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 3/27/01
PHONE: (970) 686-5011 FAX: (970) 686 5821 CLIENT: WELD COUNTY
WWW.KINGSURVEYORS.COM DWG: 99382row—Q.dwg
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MEMORANDUM
CTO: Clerk to the Board DATE: August 15, 2001
•
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Work /County Engineer
SUBJECT: Agenda Item
Please submit the following items for the Board's next agenda for the Chair's signature.
Agreement- Purchase right-of-way,WCR 62, Lind Cattle Company
Agreement- Purchase right-of-way, WCR 62, Pavistma Partners
The appropriate documentation is enclosed.
Enclosures
pc: Leon Sievers
County Road file
2001-2320
1IBM 111111111111 III MEI111111Illy III 11111III In
2893140 10/18/2001 03:08P JA SukiTsukamoto
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DEED OF DEDICATION
140
KNOW ALL MEN BY THESE PRESENTS that Lind Land Company, Incorporated, whose
address is 8200 Eastman Park Drive, Windsor, Colorado 80550, being all of the owners of certain
property in Weld County, Colorado, which is described in the attached Exhibit"A", do hereb dedicate
forever said property as parts of a public highway, pursuant to Colorado Revised Statue 43 -201(1)(a),
free and clear of all liens and encumbrances, except existing easements, and warra tle o the same.
ind, resident
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
iSt i^
The foregoing instrument was acknowledged before me this day of OQ + k ' (- ,
200 1, by Martin Lind, President of Lind Land Company.
Witness my hand and official seal.
Notary Public Q�4•P•..'�CkST9,y
My commission expires: 10 3 i J, •p
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ACCEPTANCE �rrriq OF t)5\3:,)00"
nanmuwitto
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 15th day of October , 20 01 .
ATTEST: -r COUNTY OF WELD, A BODY
CLERK TO THE B A'= O, gt"- CORPORATE AND POLITIC OF THE
�
COUNTY COMMISSI w STATE OF COLORADO
THE COUNTY OF W ml 0 z ttirBY: J. ,• ��� ;� llv�i BY:. 1.2✓
Deputy Clerk to the Board M. J. Geile, Chair, (10/15/2001)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 15thday of October
20 01, by M.J.Geile,Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and off..:
2' DONNA J. " ` Notary Public
F BECHLER
My commission ex:::re...
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My Commission Expires April 10,2004
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