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Home My WebLink About20012566.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY AND AUTHORIZE CHAIR TO SIGN -A. L. AND RUBY FRYE FAMILY LIMITED PARTNERSHIP 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 Certain 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 A. L. and Ruby Frye Family Limited Partnership, 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 Certain 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 A. L. and Ruby Frye Family Limited Partnership 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 10th day of September, A.D., 2001. BOARD OF COUNTY COMMISSIONERS ovies` WELD CO/ TY, COLORADO ATTEST: geht'� P /IJ *1 j ' AI' #000` . J. a -ile, Chai "wo Weld County Clerk to the[ I - sit �oyt niTCS /AAA BY: &Z/ %( /e,c ,744 •Glenn Vaad,'Pwitt - c��.fit 7 ( Deputy Clerk to the Boar. ,I / 414yr,r2 William H. Jerke AB V RM: EXCUSED David E. Long ounty At rney EXCUSED Robert D. Masden Date of signature: Qozo 2001-2566 EG0041 863 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 62 BETWEEN A.L. AND RUBY M. FRYE FAMILY LIMITED PARTNERSHIP AND WELD COUNTY, COLORADO THIS AGREEMENT is made this a 9 day of Avg v rye-,2001,by and between A.L.and Ruby M.Frye Family Limited Partnership,a California Limited 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 Nineteen Thousand,Nine Hundred Eighty Five and no/100 ($19,985.00) 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 111111111111 1111111 III 11111111111 111111 III 11111 Iii11II1 2886863 09/26/2001 04:13P JA Suki Tsukamoto 1 of 5 R 0.00 0 0.00 Weld County CO � ) . /K1/-c?5 6 6 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 10 feet in width and approximately 0.439 acres, more or less, and located immediately north of and adjacent to 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 Twenty One Hundred Ninety Five dollars ($2195.00) for this easement. 9. Owner agrees to execute an irrigation easement, for the benefit of Big Cut Laterial and Reservoir Company. Said easement will be 10 feet in width and approximately 0.373 acres, more or less and located immediately north of and adjacent to the easement being granted to Poudre Valley Rural Electric Association. The easement is described as A 10.0' WIDE EASEMENT, 5.0' ON EITHER SIDE OF THE CENTERLINE OF THE CONCRETE LINED IRRIGATION DITCH OR BURIED PIPE AND APPURTENANCES,AS CONSTRUCTED OVER AND ACROSS THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. The easement is for the construction and maintenance of a concrete lined irrigation ditch or buried pipe that is being moved and reconstructed to allow for road improvements. The County agrees to pay the Owner the sum of Eighteen Hundred Sixty Five dollars ($1865.00) for this easement Page 2 of 3 Pages 1111111111111111111 III Hill 111111111111 III 111111111101 2886863 09/26/2001 04:13P JA Suki Tsukamoto 2 of 5 fi 0.00 D 0.00 Weld County CO • 10. County will consider a petition to vacate the easterly 410 feet of Weld County Road 62,that lies between Weld County Road 17 and Weld County Road 15. The petition will be submitted by those land owners who currently own property adjoining the roadway to be vacated. The vacation will preserve to the adjacent landowners rights of access to existing or relocated road rights of way. The vacation will become effective when the newly constructed roadway is accepted by County and opened to the traveling public.The petition will be submitted in accordance with Weld County Statutes Section 21.0: VACATION OF COUNTY ROAD RIGHTS-OF-WAY. 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: A.L. AND RUBY M. FRYE FAMILY LIMITED PARTNERSHIP BY: .J G. 7� George A. Frye, General rtneerr $-3 4--o/ Tax ID#: 7S- '/Ao?ozz BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, ��► STATE OF COLORADO ` . ATTEST: �� ,��/, C� ir Weld County Clerk t. ,S e : - „'.1 1861 (1 6' 9._.ce By: a, , /iy ., BY: 7/h 1.442.1 Deputy Clerk to the= ?./ % M. J. Geile, Chairman (09/10/2001) Page 3 of 3 Pages 1111111 VIII IEEE 11111 111111 111111 III Milli IIII 2886863 09/26/2001 04:13P JA Suki Tsukamoto 3 of 5 R 0.00 D 0.00 Weld County CO • EXHIBIT PROPERTY DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 32 and part of the Southwest One-Quarter of Section 33, Township 6 North,Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more particularly described as follows: Commencing at the Southwest corner of the Southeast One-Quarter of said Section 32 and assuming that the South line of the Southeast One-Quarter of said Section 32 bears S89°23'24"W, with all bearings contained herein relative thereto; thence N06°08'01"W along the West line of the Southeast One-Quarter of said Section 32 a distance of 30.14 feet to the POINT OF BEGINNING; thence continuing along said West line N06°08'01"W a distance of 20.95 feet; thence N89°07'23"E a distance of 1582.94 feet to a point of tangent curve to the left; thence 452.07 feet along the arc of said curve, whose radius is 1000.00 feet and central angle is 25°54'05"; thence N63°13'18"E a distance of 302.25 feet to a point of tangent curve to the right; thence 295.97 feet along the arc of said curve, whose radius is 800.00 feet and central angle is 21°11'49"; thence N84°25'07"E a distance of 139.24 feet to the Westerly line of Weld County Road 17 and a point of non-tangent curve to the right; thence 207.91 feet along said Westerly line and along the arc of said curve, whose radius is 1970.00 feet, central angle of 06°02'49" and whose chord bears S05°23'26"E a distance of 207.81 feet; thence 588°01'35"W a distance of 60.77 feet; thence N38°05'32"W a distance of 83.52 feet; thence S73°59'05"W a distance of 214.43 feet; thence S71°50'23"W a distance of 302.30 feet;thence S21°48'55"E a distance of 69.39 feet to the North line of Weld County Road 62; thence S89°23'24"W along said North line a distance of 2146.62 feet to the POINT OF BEGINNING and containing 3.997 acres, more or less. The above legal description was prepared by Leon W. Sievers, Right of Way Agent for Weld County, Colorado and is based on survey information provided by Charles B. Jones, PLS # 22098, King Surveyors, Inc., 9299 Eastman Park Drive, Windsor, Colorado 80550 (King Surveyors Project No. 99382) MOM 111111111111III11111111111111111III IIIII illl IIII 2886863 09/26/2001 04:13P JA Suki Tsukamoto 4 of 5 R 0.00 D 0.00 Weld County CO R T°. i N y1 =C= • 10 XI 7, D m N TIZIEAST LINE a y y yj co im = =o�� SEt/4 " . Eiri P rr~ c.c._ • gg C)y mph O.. ` 0 rCG �� 73 N vmN pooh y� ' I I 0'V 0 b to yc: �O N38'O5' S A= 63.52 ! I I z.yz f°wota 5T2g4 ,N sa�135'W .N A-00'38'0r f I Z 1/1 m n�' 23 L=21.83' NORTH oKz-I = y� 5�1, 30 R-1970.00' 0 1f8 Z6p C 0 n v r n-_,:-011 521'48'55'E 2•�'t ICIIES Ni'Oi'13'W LL.��I m c ina a = 126.12' f 1 f v C .• k 24 E 585.80 5E COR I ,r t7 -< ~= y -WCR 62 SECTION 32. m n 0^� 3 TON, R67W w O I- C O DETAIL 30.00' 583 83' w — z n y i { * zs S D 3 m 0 EAST UNE 13 D Ch Sri/4 C 0 lID Xi n 3 A=21'11'49'. L=295.97' J' it z n N8.125'07"E i R=800.00'\ 139.24' p=06'02'49" L=207.91' R=1970.00' WEST LNE $ 3025 5�3 Z�g5AW CHD=5 207.81' N06'08'01"W/4 p=25'54'05" ES 3.1,6$13 PPS 20.95' L=452.07' N W N38'OS'32" NO6'08'01"W R=1000.00' 399 5,1,50'23.0 83.52' S88'01'35"W 30.14' N89.07'23"E 1582.94' 302' 60.77' POB S89'73'24'W 2146.62w WCR 62 521'48'55"E ISE COR SW COR SE1/4 69.39' SECTION 32, SECTION 32, EXIST. 60' ROW 589'23'24"W 2766.44' T6N, R67W H� T6N, R67W (et • MEMORANDUM WI I DC TO: Clerk to the Board DATE: August 31, 2001 • COLORADO FROM: Frank B. Hempen, Jr. Director of Public Works/County Engin SUBJECT: Agenda Item Please submit the following item for the Board's next agenda. AGREEMENT - Purchase right-of-way for improvements to WCR 62/A.L. and Ruby Frye Family. The appropriate documentation is enclosed. Enclosures pc: Leon sievers WCR File -- 2001-2566 • - S 234 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that A.L. and Ruby M. Frye Family Limited Partnership, whose address is %George A. Frye, 1412 Lorraine Way, Santa Rosa, California 95404- 9602, being all of the owners of certain property in Weld County, Colorado,which is described in the attached Exhibit, do hereby dedicate forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances,except existing easements, and warrants title to the same. George A. e,G.? artner STATE OF CALIFORNIA ) )ss. COUNTY OF ) On S-0 /0, 20o I before me, George A. Frye, General Partner, personally appeared personally known to me(or proved to me on the basis of satisfactory evidenced)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witne tt?tt$' z, i (..,,, F" _ Commission# 1157865 c.y ,`:;. z 5 No ary Pu California COJn}y -!,:::::/ !-.{amec'c. � E Notary Public t nv ^m z,.,ve_c C1ci 5,2001 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 24th day of September , 2001 . ATTEST: !��^t�+~Dp�` COUNTY OF WELD,A BODY CLERK TO THE B ARD .f '%:i. lc"a+a N, CORPORATE AND POLITIC OF THE COUNTY COMMISSION:: OF 0, _saSTATE OF COLORADO au THE COUNTY OF W EL e ta51 .`,.....,,,02"--, i BY: (6Q-Celt C`•c e�i� �;. �a`d BY: .�/4/ Deputy Clerk to the Boar. % A_,.�`- Chair Pro-item, t,ienn Vaad BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this26th day of September , 2001 ,by Glenn Vaad, Chair 4• ..-r.3": 149. Commissioners.d County Board of . Witness my hand and of:c , eal. •.•h �i `. ? 2i DONNA J n BECHLER unit_ 4 Notary Public 7 FOF vr.-- My commission expires: _,C -.. Mr Comadssiss ExpiresAOItZOOS FG-oc y/ 1111111111111111111 III 111111 Ills 1111111 III 111111111 IIII 2887234 09/27/2001 04:05P JA Suki Tsukamoto 1 of 3 R 0.00 D 0.00 Weld County CO EXHIBIT PROPERTY DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 32 and part of the Southwest One-Quarter of Section 33, Township 6 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more particularly described as follows: Commencing at the Southwest corner of the Southeast One-Quarter of said Section 32 and assuming that the South line of the Southeast One-Quarter of said Section 32 bears S89°23'24"W,with all bearings contained herein relative thereto; thence N06°08'01"W along the West line of the Southeast One-Quarter of said Section 32 a distance of 30.14 feet to the POINT OF BEGINNING; thence continuing along said West line N06°08'01"W a distance of 20.95 feet; thence N89°07'23"E a distance of 1582.94 feet to a point of tangent curve to the left;thence 452.07 feet along the arc of said curve, whose radius is 1000.00 feet and central angle is 25°54'05"; thence N63°13'18"E a distance of 302.25 feet to a point of tangent curve to the right; thence 295.97 feet along the arc of said curve, whose radius is 800.00 feet and central angle is 21°11'49"; thence N84°25'07"E a distance of 139.24 feet to the Westerly line of Weld County Road 17 and a point of non-tangent curve to the right; thence 207.91 feet along said Westerly line and along the arc of said curve, whose radius is 1970.00 feet, central angle of 06°02'49" and whose chord bears S05°23'26"E a distance of 207.81 feet; thence S88°01'35"W a distance of 60.77 feet; thence N38°05'32"W a distance of 83.52 feet; thence S73°59'05"W a distance of 214.43 feet; thence S7l°50'23"W a distance of 302.30 feet; thence S21°48'55"E a distance of 69.39 feet to the North line of Weld County Road 62; thence 589°23'24"W along said North line a distance of 2146.62 feet to the POINT OF BEGINNING and containing 3.997 acres, more or less. The above legal description was prepared by Leon W. Sievers, Right of Way Agent for Weld County, Colorado and is based on survey information provided by Charles B. Jones,PLS # 22098, King Surveyors, Inc., 9299 Eastman Park Drive, Windsor, Colorado 80550 (King Surveyors Project No. 99382) 1111111111111111111 III 111111 IIII 1111111 III 11111 IIII 1111 2887234 09/27/2001 04:05P JA Suki Tsukamoto 2 of 3 R 0.00 0 0.00 Weld County CO m i 2 K -41n-I taro— m 71<N oco r x r r r D m m -....4 N EAST LINE 2. y y H 4',x NCO SEI/4 DOS as =A_m �o� o9 0 6;4 r_ss ONa 4 a mO-v �� N� V O �m-O 0— mim mn vi o �_ En<z a s z N383 523 iyA oaa 512,40 \ 588'01'3,5"Wo. I�� 2,74 m H .,8 / I1 A-00'38'07' E- r i=ce �F� �IV�So Ris�o 00 NORTHiii O m> O 4t pCREs 0 115 250 Nt'01'131Y f£'1 0 m;0 d I 52169.39 J 2 126.12' — oycz o ` 9' 324 E 582.88 SE COR J r _iX ('7 C O= o -WCR 62 . . T6N, 32, w "' z m C o DETAIL 30.00' S89'23'2 'W 1--, VI -‹ DZ x ;o XI In -I EAST LINE D y SE1/4 Id v m ill t C) 73 m �,I ' 3 D=21'11'49" z L=295.97' N84'25'07"E H R=800.00'\ 1345.24' D=06'02'49" L=207.91' R=1970.00' WEST LINE 3029 51D 592A CHD=S05'23'26"E SE1/4 .F, 51 •214,43' 207.81' N06 08'01"W A=25'54'05" '5el PC .. 20.95' L=452.07' �6 RE N N38'05'32"W/ N030.184'1"W N89'O7'23"E 1582.94' R=1000.00' y99l 5�1 31023 83.52' 586O.778'O1'35"W POB--., _. cn0 9a'24"W 2146.62' WCR 62 ISE COR SW COR SE1/4 S21'48'55"E SECTION 32, SECTION 32, EXIST. 60' ROW 589'23'24"W 2766.44' 69.39' T6N, R67W i_� T6N, R67W Hello