HomeMy WebLinkAbout20012321.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY AND AUTHORIZE CHAIR TO SIGN -
PAVISTMA PARTNERS
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 Pavistma Partners, 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 Pavistma Partners 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 • COUNTY COMMISSIONERS
WELD •AUNTY, COLORADO
ATTEST: aujeli I o ,/ 0 I tit/
.,, . �j . Geile, Chair
Weld County Clerk to the �er ( %�'�
, hit
r. 3+* 1 �G 7ia'y
,��" I�Glenn Vaad, ro-
BY:
Deputy lerk to the Board,
Willia Jer e
APPf b D AS •
A
i E. Lon
unty A r ey
Robert D. Mas en
Date of signature: a-7
2001-2321
EG0041
' 1
jOi
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 62 BETWEEN PAVISTMA PARTNERS AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this 10th day of August , 2001, by and between Pavistma
Partners, a Colorado General Partnership, 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 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 One Thousand, One Hundred Fifty-Five and no/100
($1,155.00) 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
Page 1 of 3 Pages
3940588 Pages: 1 of 9
I II Ell I II_ ■I IIIt Steve06/1 ren 11:22 AM R Fee:$0.00
Weld
Steve Moreno, Clerk and Recorder, Weld County, CO
28 10 0 e1/2 04:0 JA Suki Tsukamoto ,III ME/4� iiin$ ' kiMMµI`��4 11111
1 of 5 .00 D 0.00 Weld County CO
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 ofthe transfer ofthe Right-of-Way shall be the date of the delivery
ofthe 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 10 feet in width and approximately
0.193 acres, more or less, located immediately north of the new right of way and
described as AN UNDERGROUND UTILITY EASEMENT, 10 FEET WIDE, 5
FEET EACH SIDE OF POWER LINE AND APPURTENANCES AS
CONSTRUCTED ON WORK ORDER # 34081. The easement is for the
construction and maintenance of an underground electric line that is being moved to
allow for road improvements. The County agrees to pay the Owner the sum of Nine
Hundred Sixty-Five dollars ($965.00) for this easement.
9. Owner agrees to execute an irrigation easement, for the benefit of Big Cut Laterial
Irrigation Company. Said easement will be 10 feet in width and approximately 0.185
acres,more or less,described as A 10.0'EASEMENT, 5.0 FEET ON EITHER SIDE
OF THE CENTERLINE OF THE CONCRETE LINED IRRIGATION DITCH,AS
CONSTRUCTED OVER AND ACROSS THE SOUTHEAST ONE-QUARTER OF
THE SOUTHWEST ONE-QUARTER OF SECTION 32, TOWNSHIP 6 NORTH,
RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO. The easement is for the construction, operation
and maintenance of a concrete lined irrigation lateral ditch that is being moved to
allow for road improvements. The County agrees to pay the Owner the sum of Nine
Hundred Twenty Five dollars ($925.00) for this easement
Page 2 of 3 Pages
I 3940588 Pages: 2 of 9
06/1Steve o 11:22 an R order, .e0
Steve Moreno, Clerk and Recorder, Weld County, CO
IfllMlllnwwnluhl
8 04:05 JASukiTsukamoto IIIIMPALFECINIMi ilaP'h'IPTJIME'aiiiiEEIJI
2 of 5 R 0.00 D 0.00 Weld County CO
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:
PAVISTMA PARTNERS
BY:
Martin ind, Manager
Tax ID#:
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY,
/ STATE OF COLORADO
ATTEST:
Weld Coun l t. . p : ,
[21,1 VAJB . t 4m/�' � �BY: �/
Y'
Deputy Clerk to the Boardhr,t6i o ‘: M. J. aeile, Chairman
3940588 Pages: 3 of 9
06/17/2013 11:22 AM R Fee:$0.00
111111 VIII '_1_1 11111_1 Isukamoto Steve Moreno, Clerk and Recorder, Weld County, CO
288 01 08 001 :05P JA
■III�4�IKIJ�4a+i�iKlr4�'E'4:�� tit�4� �Y���u��lirY4�h ,IIII
3 0 5 R 0.00 D 0.00 Weld County CO
1 Page 3 of 3 Pages
117704 1�1101822/200 1111111 NihI1 ati11 11
1
•
3 of 5 D 0.00 Weld County CO
:91).0/-4)3M
PROPERTY DESCRIPTION
Pavistma Property (West Parcel)
A parcel of land being part of the Southwest Quarter(SW 1/4) of Section Thirty-two (32), Township
Six North (T.6N.), 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 South Quarter Corner of said Section 32 and assuming the South line of the
SW 1/4/4 of said Section 32 as bearing South 89°23'27" West being a Grid Bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2740.52
feet with all other bearings contained herein relative thereto:
THENCE North 06°08'01" West along the East line of said SW1/4 a distance of 30.14 feet to the
intersection with the Northerly Right-Of-Way (ROW) line of Weld County Road#62 (WCR#62).
Said point being the TRUE POINT OF BEGINNING:
THENCE South 89°23'27" West along said Northerly ROW line a distance of 842.30 feet;
THENCE North 87°42'40" East a distance of 686.77 feet;
THENCE North 89°07'23" East a distance of 153.81 feet to the East line of said SW 1/4;
THENCE South 06°08'01" East along said East line a distance of 20.95 feet to the TRUE POINT
OF BEGINNING.
Said described parcel of land contains 0.231 Acres, more or less (f) 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.
DO REG,
Charles B. Jones Q
lit 2296 `w 7 �/
Colorado Registel 2pfessional ;E
alt
Land Surveyor 11220 494/4............ S��a
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
Project Number: 99382 (March 27, 2001)
(File: pav-a.txt)
3940588 Pages: 4 of 9
06/17/2013 11:22 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
II tIt111}IIHI 11{1}I�I1� I IIII IIII M��1N�4t+i,�fli�h'IIFA'UYi'K�i'Pf�� Cr
stuY4 III III
2877Q4 p 4:36P JA Suki Tsu
4 R 0.00 D 0.00 Weld County Co III
I i� I IIII
2 01 01 08/3 1 04:05P JA Suki Tsukamoto
4 of 5 R 0.00 D 0.00 Weld County CO
PAVISTMA PROPERTY 1, EXHIBIT IiiiSOUTHWEST QUARTER
SECTION 32, T.6N., R.67W.
w
'6 'in 'v
co rn
(0 N O
Oco
\\
W
rd
"1 ft) NN, -----
W 0
b Z
in O Z it 3
N z w N
z to
er O N_ w CG Q:
WN
Zip 00 0, CO w ..
O Z Q Z
Z
U F- F-
tr cZO z c
LAJNi
H O ? rrn
ce d d Z
Q N D Z O
M i- i=O Z DO
= OW
O VI VI
Ow
O . O
Z UI `t
N
N
O
M —
Ni
<r NM
m
O _
I-,- Z 001
N K -4".
W
DO W �Jry_
m O
L,.. 0
in m Ea
IA 05 maLSi
m ot'
w
Ill s_
it IL 0
N Cep
W 5V ME-05
o a' co.ct CO N " 0e
Z M a°No
N ��£`-
a mH at
1111111 II till Ill
o . III
• t 28801 8/31/2001 04: JA Su i Tsukamoto
5 0C:
5 R 0.00 D 0.00 Weld County CO I
' r
/C4AL IAN r- 3 III II
CO 287704 001 04:36 ' Tsukamoto
cZ 5 R 0.00 D 0.00 Weld County C
iz
z
W CD
U HI
F N
N M
W
0 100 50 0 100
D U
OW
N N
1 "-=. 100'
,, KING SURVEYOR"; INC. PROJECT NO: 99382
9299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 3/27/01
I PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: WELD COUNTY
WWW.KINGSURVEYORS.COM DWG: 99382row-a.dwg
ate/a. v
a ;
•
et •;
MEMORANDUM
® TO: 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
3940588 Pages: 6 of 9
06/17/2013 11:22 AM R Fee:$0.00 2001-2321
Steve Moreno, Clerk and Recorder, Weld County, CO
�v kiraFt!IY i.liC lliki tiUMW:IA 111111
•
•
137 GRANT OF EASEMENT
(Pavistma Partners - Big Cut Lateral and Reservoir Company Easement)
This Grant of Easement, dated , 2001, between Pavistma Partners, a
Colorado General Partnership whose address is 8200 Eastman Park Drive, Windsor, Colorado
80550 ("Pavistma Partners") and Big Cut Lateral and Reservoir Company, a Colorado company
whose address is 29470 Weld County Road 15, Windsor, Colorado 80550 ("Big Cut Lateral").
For good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged, Pavistma Partners hereby grants, sells, assigns, conveys and quit claims to Big
Cut Lateral a non-exclusive easement for the purpose of construction, operation and maintenance
of the Big Cut Lateral Ditch.
The easement extends through property located in the Southwest One-Quarter of Section
32, Township 6 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of
Colorado. The Deed of said property is Recorded at Reception No. 02234876 at the Office of the
Clerk and Recorder of Weld County, Colorado.
The course of the easement is more particularly described as follows:
A 10.0' wide easement, 5.0' on either side of the centerline of the concrete lined irrigation
ditch, as constructed over and across the Southeast One-Quarter of Section 32, Township 6
North,Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado
The Easement hereby conveyed is for the sole purpose of carrying irrigation water over
and across the above-described land and for the construction, repairing and maintaining of such
structures and facilities as may be necessary to convey said water. This conveyance shall be
deemed to also include sufficient land for the construction and maintenance thereof including
rights of entry upon, passage over, deposit of excavated earth and storage of material and
equipment on such area as may be necessary or useful for the construction, maintenance,
cleaning out and repair of such ditch.
This Easement shall be binding upon all and inure to the benefit of and be enforceable by
the parties, their successors and permitted assigns.
3940588 Pages: 7 of 9
06/17/2013 11:22 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
illl NraFIllfi OD'IkLitalWilliltat:/iiiAliver ii III
Page 1 of 2
U!!UkSt94:28pJAsuEJjjo
I
1 of 2 R 0.00 D 0.00 Weld County CO -2001_ 3az/
, • •
The Easement shall be governed and constructed in accordance with the laws of the State of
Colorado.
Executed as of the date first set forth above.
PAVISTMA PARTNERS
`'
B :
in Lind, Manager
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
StThe foregoing instrument was acknowledged before me this( day of
OCko{2 2Q( , 2001, by Martin Lind, Manager.
,egi4\""'''il 3frti/ yff
t
ti
Witness my hand and +tt�i4'J.sea:;:. =r r
2, .
Ari w�"C Iti_� c `'�
Notary Public
q.??
My My commission expires: I
3940588 Pages: 8 of 9
06/17/2013 11:22 AM R Fee:$0.00
Steve Morena, Clerk and Recorder, Weld County, CO
gill 11�11�+r ILKLPIII*Aii III
Page 2 of 2
28 1II1 10/10/2001 04:28P JA Suki Tsukamoto
2 of 2 R 0.00 D 0.00 Weld County CO
II 1111111 III VIII 411
289 4 10/18/2001 03:0 JA Suki Ts amob
1 of 1 R 0.00 0 0.00 Weld
DEED OF DEDICATION
141
KNOW ALL MEN BY THESE PRESENTS that Pavistma Partners, a Colorado General
Partnership whose address is 8200 Eastman Park Drive, Windsor, Colorado 80550, being all of the
owners of certain property in Weld County, Colorado, which is described in the attached; d ibit"A", do
hereby dedicate forever said roe asparts of apublic highway, pursuant to Coloradn R vised Statute
property B7' g Y�
43-2-201(1)(a), free and clear of all liens and encumbrances, except existing ease p ent,:,: ;d warrants
P
title to the same. '
� >f�lllll�,
r
STATE OF COLORADO )
)ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this l day of 00-43 ,
20O 1, by Martin Lind,Manager of Pavistma Partners.
Witness my hand and official seal.
Notary Public ,ssyln°un'lUO„,c,nfiC ,
My commission expires: 10_3 ? „• r�,,.
OTAR ), ;t1
u =,PUBLIC
ACCEPTANCE
The County of Weld,a body corporate and politic of the State of Colorado f
i )$ri'd 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 , 2001 .
�I/fistr
ATTEST: - T/ 1'. �, COUNTY OF WELD, A BODY
CLERK TO THE BOARD CORPORATE AND POLITIC OF THE
COUNTY COMMISSIO ' • r _t STATE OF COLORADO
THE COUNTY OF WEL ii7 1861 r=� Val '
SBY: G>• �o� "�I .► �' BY: awl/ diei>
Deputy Clerk to the Boarder M. J. eile, Chair, (10/15/2001)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
3940588 Pages: 9 of 9
STATE OF COLORADO ) 06/17/2013 11:22 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
ss. ■III Pal PKidi1e44R+1? iAL Ilivi, 11111
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 15th day of October
2001 , by M.J. Geile,Chair, BOA'w,,!_COUNTY COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand an. affra1 seat.
Zit DONNA RECHLERa • • '(. 'e 1�/l. ? Zia./
Notary Public
'•My commission expire .'OFCOt.()
.
My Commission Expires April 10,2004
IG - is-,2cv,
EGG'l-0?3l
Hello