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Home My WebLink About20000422 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126, ACCEPTANCE OF DEED OF DEDICATION, AND AUTHORIZE CHAIR TO SIGN -ANDESITE ROCK 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 Concerning Purchase of Property for Certain Improvements to Weld County Road 126 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 Andesite Rock Company, 7321 East 88th Avenue, Henderson, Colorado 80640, with terms and conditions being as stated in said agreement, for property described in Exhibit A, a copy of which is attached hereto and incorporated herein by reference, 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, and WHEREAS, pursuant to said agreement, Andesite Rock Company has presented the Board with a Deed of Dedication for property as described in Exhibit A, and WHEREAS, after review, the Board deems it advisable to accept said deed, a copy of which is attached hereto and incorporated herein by reference, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning Purchase of Property for Certain Improvements to Weld County Road 126 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 Andesite Rock Company, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said Deed of Dedication be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said necessary documents. pc: EGA atiati&, c2 2000-0422 EG0039 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WCR 126, AND ACCEPTANCE OF DEED OF DEDICATION - ANDESITE ROCK COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2000. BOARD OF COUNTY COMMISSIONERS /� � WELD COUNTY, COLORADO EXCUSED Mh ≥' 4, ,Nv' =rbara JKirkmey- , Chair Weld County Clerk to the _ teit>,0s:p J / ' Geie, Pro-Tem BY: Deputy Clerk to the Boar:�� e E. Baxter APPROVED AS TO FOR : Dale K. all my Attorn S "..."_, Glenn Vaad 2000-0422 EG0039 I t AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126;AGREEMENT BETWEEN ANDESITE ROCK COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of?Alijay. ,2000, by and between Andesite Rock Company,whose address is 7321 East 88'h Avenue, Henderson, Colorado 80640, 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, whose address is 915 10"' Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS,County finds it necessary to rebuild and improve a bridge on WCR 126, which is known as Bridge 126/19A, Weld County Project No. 322, and WHEREAS,Owner own the Right-of-Way 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 of a new bridge for WCR 126, and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said rebuilding and improvement project. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to convey and County agrees to accept the Right-of-Way for just compensation, which compensation shall consist of the following: a) In consideration of the conveyance of a portion of Right-of-Way for a portion of the existing WCR 126 right-of-way which is no longer necessary for road purposes ("Old Right-of-Way"), County agrees to set for hearing and to consider,pursuant to the provisions of C.R.S. §43-2-301,the vacation of Old Right-of-Way. Old Right-of-Way consist of approximately 1.106 acres. b) For an additional 1.844 acres of Right-of-Way the sum of two thousand twenty-nine dollars and no/100 ($2,029.00) Sheet 1 of 3 1IlII1 IIIII 111111 III 11111111 IIII 111111 III 11111 IIII IIII 2751311 02/24/2000 02:07P JA Suki Tsukamoto 1 of 3 R 0.00 D 0.00 Weld County CO 2000-0422 EGA 39 c) Parties recognize that the vacation of Old Right-of-Way must be in accordance with provisions of C.R.S § 43-2-301. However, if after hearing, Old Right-of-Way is not vacated,parties agree that alternative compensation will be negotiated d) County agrees to provide at no cost to owners, a barb wire fence on both sides of the Right-of-Way. e) County agrees to permit Owner one new access. Access will be for entrance to property owned by Owner that is located south of the Right-of-Way, between Union Pacific Railroad and Lone Tree Creek. f) If after hearing the vacation of Right-of-Way should occur, County agrees to restore the same. Restoration consists of grad ng and reseeding,County does not represent or warranty that the reseeding will result in any particular stand of grass, or guarantee the strength or viability thereof. 2. Owners agree to grant to Kenneth and Sharon Mosness an access across the newly created parcel, owned by Andesite Rock Company. Said parcel was created by the new alignment of WCR 126. Access will cross said parcel interring from the north side of WCR 126 and continuing north, crossing new parcel, to Mosness's existing driveway. The grant of easement will be by an easement agreement furnished by County. 3. Owners agree to grant the Right-of-Way to County by Deed of Dedication free and clear of all encumbrances. 4. County agrees to pay the costs of title insurance and recording fees if necessary as determined by County. 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 Owners, County, its contractors, agents, employees,and all others deemed necessary by County shall have the irrevocable right Sheet 2 of 3 1 Hill 11111111111III11111111 Ell 111111III11111IIII Ilil 2751311 02/24/2000 02:07P JA Suki Tsukamoto 2 of 3 R 0.00 0 0.00 Weld County CO to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. 7. Owners warrants that he/she are the owners of the Right-of-Way and will defend title thereto against all claims. 8. General taxes for the year 2000 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. Owners represent and warrants that all general taxes levied prior to such year have been paid in full by Owners. 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. O A D I RO ( CO ANY Richar nst, Vice President 640 — a--4oZ-_ Tax I.D. # ATTEST: Lie/ BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF �r � COLORADO CLERK TO THE BOA' iCOUN JO (T�Y COMMISSIOE�'4.rtItt, • :4 BY: �/� Io/�� i��: BY: I. Deputy Clerk to the Bo N 1 arbara J. Kirkmeyer, Chair ( W/ ) m:wptiles\dons\wcr I2)and Sheet 3 of 3 111111111111111111 III 11111111IIII111111 III 11111 Oil MI 2751311 02/24/2000 02:07P JA Suki Tsukamoto 3 of 3 R 0.00 D 0.00 Weld County CO tZ EASEMENT KNOW ALL MEN BY THESE PRESENTS: That, ANDESITE ROCK COMPANY, a Colorado corporation, whose address is 7321 East 88th Avenue, Henderson, Colorado 80640 (Grantor), for good and valuable consideration in hand paid, does hereby grant, bargain, sell and convey to Kenneth Mosness and Sharon Mosness, whose address is 9961 Weld County Road (WCR) 126, Carr, Colorado 80612 (Grantee), its successors and assigns, a non-exclusive easement to construct, maintain, alter, repair, replace, reconstruct, inspect, operate and remove a driveway and utilities, together with related appurtenances on, over, under and across the following described premises located in the County of Weld, State of Colorado, to wit: A parcel of land located in Section 27, Township 11 North, Range 67 West, of the Sixth Principal Meridian as described in Exhibit A attached hereto and made a part hereof. This grant of easement is subject to the following conditions: 1. The use of the premises shall be for above stated purposes only. No buildings, structures, signs or wells shall be erected, placed or permitted to remain on the premises. 2. Grantee agrees, to the extent permitted by law, to save, indemnify and hold Grantor harmless from and against all claims and liability for damages, loss or expense caused by any injury or death to any person or damage to property if the same shall in any way be connected with or result of the exercise by the Grantee or the rights granted herein. 3. The Easement is issued subject to any prior licenses, easements, or leases granted by Grantor for facilities of other parties. 4. In case of the permanent abandonment of the Easement, all right, privilege and interest herein granted shall end, cease and terminate. Sheet 1 of 2 11111 VIII 111111 III IIIIIIII 11111118 III VIII III 1 2751312 R 0.00/2000 D 0.002 gukamoto Weld County CO 5. The Grantee agrees to repair and maintain the easement granted herein at the cost and expense of the Grantee. EXECUTED thisLCJ day of /NUkn( 2000. ANDE OCK CO AN By i chard A. EveristrVice Presedent STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acko]o ledged befo e me this day))f Jce 2000 by R c �<d 4 t-c r:a0,*_,11 as LA Xr"-,'e_sed: fhrr Andesite Rock ompany. My Commission Expires Feb, 12, 2031 My Commission Expires: Witness my hand and official seal. Notary Public " '` r , 4 ;Jr.? S - m:wpti Ics\dons\wcr I26.eas Sheet 2 of 2 1 11111 11111 11111 III 11111111 liii 111111 III 11111 III 1111 2 2751312 F► 0.00/2000 0 0.002:07? JA Suki ukamoto Weld County CO • 1� _ I11111111111111111III miiiIl PIll111111111111111111liii ,� T 2751312 02/24/2000 02:07P JA Suki Tsukamoto Description—Andesite Rock Company ® t �, �� 1� ® I� 3 of 3 R 0.00 D 0.00 Weld County CO .— POINT OF COMMENCEMENT A portion of Lots 1 and 2, Block K of CARR (original town plat), lying in Section 27, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado being more NE corner of Section 27, particularly described as follows: NW corner of Section 26. T11N, R67W, 6PM and Considering the East line of the Northeast 1/4 of Section 27, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado as bearing S 01'19'13" W and Northeast corner of Block 0, CARR foundiron with all bearings contained herein relative thereto. and 2" a aluminum disc sc rod marked as shown: COMMENCE at the Northeast corner of Section 27, Township 11 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, said point also being the Northeast corner of Block 0, CARR (original town plat) as recorded in the public records of Weld County, Colorado; thence run S 01'19'13" W along the East line of said Block 0 and Block K, CARR for a distance of 506.93 feet to POINT OF BEGINNING; thence continue S 01'19'13" W along said East line for a distance of 160.94 feet; thence leaving said East line run S 70'04'36" W for a T11N R67W distance of 90.11 feet to the beginning of a tangent curve, concave to the Northwest and having a radius of 3575.00 feet; thence run Southwesterly along the arc of said curve for an S221S23 i arc distance of 186.81 feet, through a central angle of 03'01'34" to the end of said curve; thence run S 82'06'07" W for a distance of 306.83 feet to the beginning of a non—tangent S271526 z curve, concave to the North and having a radius of 3,540.00 feet and a chord bearing of S 84'02'58" W; thence run Westerly along the arc of said curve for an arc distance of 745.85 199172 a feet, through a central angle of 12'04'18" to the end of said curve; thence run N 89'54'53" W for a distance of 28.62 feet to the West line of the aforesaid, Lot 2, Block K; thence run PLS 10855 11 N 00'02'36" W along said West line for a distance of 69.62 feet to the beginning of a non—tangent curve, concave to the Northwest and having a radius of 470.00 feet and a chord = bearing of N 83'27'52" E; thence run Northeasterly along the arc of said curve for an arc distance of 95.71 feet, through a central angle of 11'40'04" to the end of said curve and the w beginning of a non—tangent curve, concave the North and having a radius of 3,460.00 feet and a chord bearing of N 83'30'07" E; thence run Easterly along the arc of said curve for a distance 662.86 feet, through a central angle of 10'58'36" to the end of said curve; thence run N 68'47'52" E for a distance of 297.05 feet to the beginning of a non—tangent curve, CAR !? concave the Northwest and having a radius of 3,425.00 feet and a chord bearing of N 71'35'22" E; thence run Northeasterly along the arc of said curve for an arc distance of 180.89 feet, through a central angle of 03'01'34" to the end of said curve; thence run N 70'04'36" E for a distance of 148.42 feet to the Point of Beginning. B / O C A' Q ''',:;,'',I-, Containing 140,733.2 square feet or 3.231 acres, more or less and being subject to any easements or rights of way of record. NE corner Block K o m Lf,^ NE 1/4 of Section 27 POINT OF BEGINNIN o ------ _ S / 62' N line Block K LocatedW'CR 126nghtofway Line Table Line # Length Bearing L1 28.6.2 N89'54'53"W_ I 1836, '$� 6 ' l0 0� I O / / o f 7 O? 0 1y0)' ° O CD tc'll a F, / o t 2 6 fight 0 i 05, right of tAa� w line Lot z d V/�R/ / C A R R ��•52 E 2 WC X26 1l a> 0 /73 / da�dte B/ o c k K 6S new 90•X36' W m S y0 0 U z new WCR 126 right of way 82°06'07" W 306.83 o S coo Curve Table w c �_� — Curve # Length Radius Delta Chord Chord Bearing C1 188.81 3575.00 03'01'34" 188.79 871'35'22"W Ll C2 180.89 3425.00 03'01'34" 180.87 N71'35'22"E C3 95.71 470.00 11'40'04" - 95.55 N83'27'52"E No es: # Date Revisions Field Survey Prepared for Project#:99019.001b — This is not a monumented land survey. n/a County NOTICE:According to Colorado law you must commence Party Chief Weld County — No title information provided at the time of this any legal action based upon any defect in this survey n/a survey. It is possible there are recorded and within three years after you first discover such defect. Computed by In no evert, may any action based upon defect in unrecorded documents which may affect the MBS any boundary of this property. Frederick Land Surveying this survey be commenced more than ten years from Drawn by 1528 North Lincoln Avenue — Suite 2 — No wetlands determinations were made this date. the date of the certification shown hereon. MBS — No improvements, other than those shown, were Loveland, Colorado 80538 located this date. Scale (970) 669-2100 — FAX (970) 669-3725 1"=100' ` , DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Andesite Rock Company,of 7321 East 88ih Avenue, Henderson, Colorado 80640, being all of the owners of roperty in Weld County, Colorado, which is described in the attached Exhibit"A" do h edicate forever said property as parts of a public highway,pursuant to Colorado Revised e 43-2-201(1)(a), free and clear of all liens and encumbrances and warrants title to the sa Richar . Everist, Vise President *** This Deed of Dedication was previously recorded on February 24, 2000, at Reception Number 2751310 in the Office of the Weld County Clerk and Recorder. It is being re-recorded for the purpose of attaching the correct legal. description. STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was ackno)vledged before me this 7/& day of , 2(6'6), by k.J k. .4.—.1 t Witness my hand and official seal. Notary Public 4 # My commission expires: '1/41;;7k 4t:;._ M.,C,,n,r, . }n Ex- Ls Feb. 12. 2031 y� 5 4,y x.m 11111111111111111111111 IIII 11111111111I III 11111 IIII 1111 2767945 05/12/2000 04:10P JA Suki Tsukamoto 1 of 3 R 0.00 0 0�.0000t Weld County CO2 I� I�I� 1■��■'�I�It�,�,''rtt'V�■ 75131002/24/2000 02:07P JA Suki Tsukamoto 1 of 2 R 0.00 D 0.00 Weld County CO ao0e) -0ytk 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 )1114 day of G6,-,ickri , 2000 . ATTEST: %Lyeki COUNTY OF WELD, A BODY CORPORATE CLERK TO B AND POLITIC OF TIIE STATE OF COUNTY COMMISSION OF tAc COLORADO THE COUNTY OF WELD 'sC' BY: ,,i E K/ `, !��\i�� BY- 11.4 / y Deputy Cleric to the Board arbara J. Kirkmeyer, Chai ( oc) BOARD COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this ,, day of , 20W, by Barbara J. Kirkmeyer, Chair, BOARD OF COUNTY COltiNERS OF THE COUNTY OF WELD. Witness my hand and official seal. AY• -- Or' •'•."P Not Publi JEAN 0. cd/ttiiYr �re ` OF co My Commission Expires Marcn zo,1002 I 11111 11111 Inn III' IIIII IIIIIII Ill IIIIi IIII Iii/ nr.AwpfilcsV dons\accept lbr 2767945 05/12/2000 04:10P JA Suki Tsukamoto 2 of 3 R 0.00 D 0.00 Weld County CO I I�1 11 IIII IIII 27513 /24/2000 02:07P JA Suki Tsukamoto 2 of 2 R 0.00 D 0.00 Weld County CO o2oOG' -o.-/A;z. E'itlttilfT. 1111111 IIIII I11ifI111III I I Ill IlIul II-ILN IIII HI C3 2751312 02/24/2000 02:07P JA Suki Tsukamoto Description—Andesite Rock Company a TD 'I' Description® 3 of 3 R 0.00 D 0.00 Weld County CO r POINT OF COMMENCEMENT e A portion of Lots 1 and 2, Block K of CARR (original town plat), lying in Section 27, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado being more NE corner of Section 27, o particularly described as follows: NW corner of Section 26, ...F7T11N, R67W, 6PM and Considering the East line of the Northeast 1/4 of Section 27, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado as bearing S 01'19'13" W and Northeast corner of Block Q, CARR found iron 3/4" rod and 2" =moo with all bearings contained herein relative thereto. aluminum disc marked as shown: -,U o, COMMENCE at the Northeast corner of Section 27, Township 11 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, said point also being the Northeast corner of .y g Block 0, CARR (original town plot) as recorded in the public records of Weld County, Colorado; thence run S 01'19'13" W along the East line of said Block 0 and Block K, CARR for a I, I4e distance of 506.93 feet to POINT OF BEGINNING; thence continue S 01'19'13" W along said East line for a distance of 160.94 feet; thence leaving said East line run S 70'04'36" W for a T11N R67W mom,-0 distance of 90.11 feet to the beginning of a tangent curve, concave to the Northwest and having a radius of 3575.00 feet; thence run Southwesterly along the arc of said curve for an S22IS23 �o� arc distance of 186.81 feet, through a central angle of 03'01'34" to the end of sold curve; thence run S 82'06'07" W for a distance of 306.83 feet to the beginning of a non—tangent S27IS26 z • _ curve, concave to the North and having a radius of 3,540.00 feet and a chord bearing of S 84'02'58" W; thence run Westerly along the arc of said curve for an arc distance of 745.85 1997 E, ' .00 feet, through a central angle of 12'04'18" to the end of said curve; thence run N 89'54'53" W for a distance of 28.62 feet to the West line of the aforesaid, Lot 2, Block K; thence run PLS 10855 — o moo• N 00'02'36" W along said West line for a distance of 69.62 feet to the beginning of a non—tangent curve, concave to the Northwest and having a radius of 470.00 feet and a chord - op bearing of N 83'27'52" E; thence run Northeasterly along the arc of said curve for an arc distance of 95.71 feet, through a central angle of 11'40'04" to the end of said curve and the w nom C' beginning of a non—tangent curve, concave the North and having a radius of 3,460.00 feet and a chord bearing of N 83'30'07" E; thence run Easterly along the arc of said curve for a odistance 662.86 feet, through a central angle of 10'58'36" to the end of said curve; thence run N 68'47'52" E for a distance of 297.05 feet to the beginning of a non—tangent curve, CARR 3 III �Oo concave the Northwest and having a radius of 3,425.00 feet and a chord bearing of N 71'35'22" E; thence run Northeasterly along the arc of said curve for an arc distance of 180.89 '<,';`,,,,. CC feet, through a central angle of 03'01'34" to the end of said curve; thence run N 70'04'36" E for a distance of 148.42 feet to the Point of Beginning. B / o C' k 0 —v m Containing 140,733.2 square feet or 3.231 acres, more or less and being subject to any easements or rights of way of record. NE corner Block K o 7; _o La r _—n o A✓E 1/4 of Section 27 POINT OF BEGINNIN b -_N CJ N �- 1 Line Table 6P' N line Block K vacated wCR 726 right of way Line # Length Bearing I,i, ., 9.', — L1 28.62 N89'54'53"W t.T4 '056.42„ E3 4 36 oo 6 L o t 1 " 700 a) o f �°Y � m II tit ° ,o)Ct'g O It -, 3 L o t 2 126 f19 297�� 6tigt °Iot201Ju16u126 t12 a — Curve # Length Radius Delta Chord Chord Bearing C1 188.81 3575.00 03'01'34" 188.79 871'35'22"W U. C2 180.89 3425.00 03'01'34" 180.87 N71'35'22"E C3 95.71 470.00 11'40'04" 95.55 N83'27'52"E I Notes: # Date Revisions Field Survey Prepared for: Project/). 99019.001 b — This is not a monumented land survey. n/a 7 (�NOTICE, Cccording :o Colorado law you must commence — No title information provided at the time of this Party Chief I Weld County any legal action based upon any defect in this survey survey It is possible there are recorded and n/a I .xithin three years after you first discover such defect. —�— Computed b ____ —_ _.___ - ____...__.�% - n nrecorded documents which may affect the I p by no evert, may any action based upon any defect n boundary of this property. i MBS Frederick Land Surveying this survey be commenced more than ten years from — No wetlands determinations were made this dote ! Drawn by 1528 North Lincoln Avenue — Suite 2 the cute of the certification shown hereon. — No improvements, other than those shown, were MBS Loveland, Colorado 80538 located this date. Scale (970) 669-2100 — FAX (970) 669-3725 ' 1"=100' 1 Hello