HomeMy WebLinkAbout20001632.tiff AGREEMENT FOR REPLACEMENT OF
WELD COUNTY BRIDGE 47-68B
AND THE REALIGNMENT OF THE NORTH SIDE LATERAL
THIS AGREEMENT is made and entered into this 5th day of July b000, by
and between the North Side Lateral Company, hereinafter referred to as the "Company; whose
mailing address is P.O. Box 104, Lucerne, Colorado 80646, and the County of Weld, State of
Colorado, by and through the Board of County Commissioners of the County of Weld, hereinafter
referred to as the "County," with offices located at 915 Tenth Street, Greeley, Colorado 80631
WITNESSETH:
WHEREAS, Bridge 47-68B is structurally deficient and in need of replacement, and Weld
County Road (WCR) 47 over said bridge is poorly aligned, creating an unsafe condition for the
traveling public, and
WHEREAS,the realignment of WCR 47 will require the relocation of a portion of the North
Side Lateral, and
WHEREAS,the County has obtained a grant ofFederal funds to replace Bridge 47-68B w tth
a concrete box culvert, realign WCR 47, and realign a portion of the North Side Lateral, and
WHEREAS, designs, plans, and specifications, herein after referred to collectively as the
"Plans," have been prepared by Loris and Associates, consulting engineers, for the construction of
a new concrete box culvert,realignment of WCR 47,and realignment of the North Side Lateral.said
Plans being attached hereto and being made a part hereof as Exhibit "A."
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. COMPANY AGREES
Company agrees to allow County, its agents, and contractors to enter the easement
and/or right-of-way owned by Company to construct a concrete box culvert, realign
WCR 47, and realign a portion of the North Side Lateral in accordance with the
Plans. Company and its consulting engineer, Drexel, Barrell & Company, have
reviewed the Plans and have approved the same. Company agrees to continue to
maintain the North Side Lateral, including the removal of silt and sediment, upon
completion of said construction and realignment work. Company shall allow County
to periodically enter the easements and/or rights-of-way owned by the Company in
order to maintain the concrete box culvert and the canal concrete lining in accordance
with the provisions of Section 2, below.
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2000-1632
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2. COUNTY AGREES
County agrees to construct the concrete box culvert, realign WCR 47, and realign a
portion of the North Side Lateral in accordance with the Plans at no cost to the
Company. County shall acquire the easement and/or right-of-way designated PE-l A,
as shown on Sheet 30 of the Plans, and deed the same to the Company upon
completion of the construction and realignment work. County shall maintain, at its
cost, the concrete box culvert and the canal concrete paving. County shall
periodically clean silt and debris within the concrete box culvert and the canal
concrete paving . Such periodic silt cleaning shall be expressly limited to the area
from one end of the canal concrete paving to the other end and include the concrete
box culvert. Such periodic silt cleaning shall occur on an "as needed basis
estimated to be every three years and will occur when the Company cleans the Nod h
Side Lateral adjacent to the concrete box culvert. County shall reimburse Company
in the amount of$1,745.00 for the cost of review of the Plans by Drexel, B,arrell &
Company, and in the amount of$400.00 for Company's direct expenses.
3. SEVERABILITY.
If any term or condition of this Agreement shall be held invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
4. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention ofthe undersigned parties that
any entity other than the undersigned parties receiving services or benefits under Ibis
Agreement shall be an incidental beneficiary only.
5. MODIFICATION AND BREACH.
This Agreement contains the entire agreement and understanding between the pan ics
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction,whether oral or written. No modification,amendment, novation,
renewal, or other alteration of or to this Agreement shall be deemed valid or of any
force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned parties. No breach of any term, provision, or clause of this Agreement
shall he deemed waived or excused,unless such waiver or consent shall be in writ.ng
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and signed by the party claimed to have waived or consented. Any consent by any
party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
IN WITNESS WHEREOF the parties hereto have signed this Agreement
this _ 51'1\ day of July , '1000.
ATTEST: The North Side Lateral Company'
P. O.
LucerneBox, CO104 80646
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By _ _ By:By: �G�� ==
,Secretary ,President
ATTEST: 444/0/
el ♦ . COUNTY OF WELD, STATE OF
114aCOLORADO, by and through the Board of
��!! v' \ County Commissioners of Weld County
MCI ,QOO
1 r- v% ' °` q / By. > .'-,' "tf f /{_- , /1/i
Clerk to the Board U N` 4 Barbara J. Kirkmeyer, Chair
' (07/05/2000)
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MEMORANDUM
CTO: Clerk to the Board DATE: June 22, 2 )00
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed original Agreement for the Chair's signature. The Agreement is between North Side
Lateral Company and Weld County for the realignment of the North Side Lateral.
The appropriate documentation is attached.
Enclosures
pc: Drew Scheltinga, Engineering Division Manager
(11ri,ar^t ark-
0 7-0.5-..,<Y17>
998 QUIT CLAIM DEED
THIS DEED is made this 3j 5i day of 9itL,, , 2001, between Weld County, Colorado, a
body politic and corporate of the State of Colorado of the first part, and North Side Lateral
Company, whose address is P.O. box 104, Lucerne, Colorado 80646, of the second part.
WITNESSETH, that the said party of the first part, for sufficient consideration, the
receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed
and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT
CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the
right, title, interest, claim and demand which the said party of the first part has in and to the
parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit:
All of the real property described in the attached Exhibit"A."
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to
the only proper use, benefit and behoof of the said party of the second part, heirs and assigns
forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
IN WITNESS WHEREOF, I, M. J. Geile, Chair of the Board of County Commissioners
of said County of Weld, State of Colorado, on behalf of said County and by Agreement between
North Side Lateral Company and Weld County, approved by the Board of County
Commissioners on July 5, 2000 and signed on July 5, 2000, have hereunto set my hand and
affixed the seal of said County this •iis# day of 60AL , , 2001, for the uses and purposes
therein set forth.
ATTEST: # � COUNTY OF WELD, STATE OF
'I\ l4 % COLORADO, A BODY POLITIC AND
CLERK TO THE BOA' I/• �, CORPORATE OF THE STATE OF
COUNTY COMMISSIO ,.>' . y" • w� COLORADO
Thr
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BY: __. . /. . Etas( I •t \ 1� BY: S lies,
Deputy Clerk to the Board —111 ✓ M. J. etle, Chairman
/pi euezl en 07/05)00)
STATE OF COLORADO ) lScina an tol5ito,
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this =5 day of fit L.
2001, by M. J. Geile, as Chairman of the Board of County Commissioners of the County of Weld,
State of Colorado.
Witness my hand and o i .: this 3/'1.day of plTti(L , , A.D., 2001.
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ZI DONNA J. ,BECHLER A C;zl l� Z fig/(A /
My commission e .. : / 4611
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My Commission Expires April 1Q 2004
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LEGAL DESCRIPTION
EXHIBIT A
A tract or parcel of land located in the Northeast One-quarter of the Northeast One-Quarter of
Section 14, Township 6 North, Range 65 West of the Sixth Principal Meridian, County of Weld,
State of Colorado, being more particularly described as follows:
BEGINNING at a point from whence the Northeast corner of said Section 14 bears 504°20'11"W
a distance of 595.15 feet;
1) Thence S00°00'00"W a distance of 196.45 feet to the westerly right of way line for the
Owl Creek Canal;
2) Thence S09°56'53"W along the westerly right of way for the Owl Creek Canal a distance
of 36.67 feet;
3) Thence S06°37'36"W along the westerly right of way for the Owl Creek Canal a distance
of 158.98 feet;
4) Thence S04°38'48"W along the westerly right of way for the Owl Creek Canal a distance
of 104.18 feet;
5) Thence S 12°54'22"W along the westerly right of way for the Owl Creek Canal a distance
of 97.80 feet;
6) Thence S04°44'37"W along the westerly right of way for the Owl Creek Canal a distance
of 179.97 feet to the South line of the Northeast One-Quarter of the Northeast One-
Quarter of said Section 14;
7) Thence N90°00'00"W along the South line of the Northeast One-Quarter of the Northeast
One-Quarter of said Section 14 a distance of 0.38 feet;
8) Thence N01°53'20"W a distance of 575.21 feet;
9) Thence N24°40'37"E a distance of 213.61 feet to the POINT OF BEGINNING and
containing 33,522 square feet (0.77 acres), more or less
Basis of Bearing: All bearings are based upon a line connecting the Northeast corner of Section
14, Township 6 North, Range 65 West of the Sixth Principal Meridian, being monumented by a 3
%" aluminum cap properly stamped and marked "LS 4392", and the East Quarter corner of said
Section 14, being monumented by a 3 1/4" aluminum cap, properly stamped and marked
"LS4392", as bearing S00°00'00"W
The above description was based on a legal description furnished by Steven J. Sellars, PLS
27615, Flagstaff Surveying, Inc. 637 South Broadway, Suite C, Boulder, Colorado 80303,
document number 13735B.LEG
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