HomeMy WebLinkAbout940970.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY
AND/OR EASEMENTS AND LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY WITH ROUTE
32 1/2 PARTNERS AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE 32.5/21A
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 Sale and
Purchase of Vacant Land for Rights-of-Way and/or Easements and a License
Agreement for Use of Right-of-Way, for Bridge No. 32.5/21A, between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Public Works Department, and Route
32 1/2 Partners, with terms and conditions being as stated in said agreements,
and
WHEREAS, after review, the Board deems it advisable to approve said
agreements, copies of which are 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 Sale and Purchase of Vacant Land for
Rights-of-Way and/or Easements and a License Agreement for Use of Right-of-Way,
for Bridge No. 32.5/21A, between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld
County Public Works Department, and Route 32 1/2 Partners be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 3rd day of October, A.D. , 1994.
4.444/Muel?
BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY,/ COLORADO
Weld County Clerk to the Board /(/ / a 2 ,'�1- 4 �)
—'��/� In Webster, -hai n
BY: `_.1'�-Y 1 I. MCI' ) .
Deputy glerk to the Board Da e C Hall, ro-T m
APPROV AS TO FORM: C X
dg
e �. Baxter /
ountAy A�ttokney Constance L. Harbert
I
i Barbara J. Kirk yer I
de ; 4t1 ) 31 V2PiberhtIS
940970
•
Aft24(39805
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS THIS� AGREEMENT, made and entered this 26, day of ,g-C lf/f'y .
19 C7'`/ by and between Weld County, Colorado, by and through a Board of
County Commissioners of the County of Weld, Colorado, hereinafter referred to
as "County, " and ROUTE 32 1/2 PARTNERS, A COLORADO GENERAL PARTNERSHIP
hereinafter referred to as "Owner. "
WHEREAS, "County" wishes to purchase from "Owner" those certain rights-
of-way and/or easements as are described herein (any rights-of-way described
in this Agreement will be referred to as "rights-of-way" and any easement will
be referred to as "temporary or permanent easement") , and
WHEREAS, "Owner" wishes to sell said rights-of-way and/or easement (s)
for the consideration mentioned below.
WITNESSETH:
That in consideration of the payment by "County" to "Owner" of the sum of
FIVE THOUSAND FOUR HUNDRED FOUR DOLLARS ($5,404.00) , in cash, and other
valuable consideration, "Owner" agrees to sell to "County" and "County" agrees
to purchase from "Owner" the rights-of-way and/or easement(s) described as
follows:
The rights-of-way and easements described in the attached Exhibits "A, "
"B, " and "C" .
This Agreement is subject to the following conditions:
1. "Owner" shall furnish to "County" a Quit Claim Deed conveying the
rights-of-way described in the attached Exhibits "A" and "B" . Title
insurance need not be provided by "Owner" .
2 . "Owner" shall furnish to "County" the Permanent Easment described
in the attached Exhibit "C" .
3 . "Owner" shall furnish to "County" a temporary construction easement
being approximately 45 feet by 50 feet and located immediately south of
Parcels numbers 1 and 3 as described in the attached Exhibits "A" and "B" to
be void after construction.
4 . The date of the exchange of the properties described in this
Agreement shall be the date of the delivery of the Deeds. Possession of the
properties shall be delivered to the "County" upon closing and shall not be
subject to any leases or tenancies. The hour and place of the closing shall
be set by mutual agreement of the parties
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Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
5. General taxes for the year 1994 shall be apportioned to the date of
delivery of the Deed based on the most recent levy and the most recent
assessments.
6. 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.
7. This Agreement shall be deemed a contract extending to and binding
upon the parties hereto, and upon their representative heirs, devisees,
executors, administrators, legal representatives, successors and assign, only
when the same has been approved by the Board of County Commissioners of the
County of Weld, on behalf of Weld County, Colorado.
8. Other conditions, terms or obligations:
a. The permanent easement to be conveyed to the Central Weld
Water Conservancy District ("Parcel E-A") is for the use of the Water
Conservancy District in relocating their water line sometime in the future, if
necessary.
b. "County" will furnish a field approach at Station 12+50 with a
metal driveway gate south of said Station 12+50.
c. Fencing along the rights-of-way purchased through this
Agreement shall be standard Colorado Department of Transportation fencing, 4-
wire barbed wire, to be joined to the bridge abutments. Said fencing will be
one of the first items to be constructed in order to protect property outside
of said rights-of-way. Furthermore, said fencing shall not be placed along
the shoulder or adjacent to the guard rails.
d. The electric fencing presently in place across the South
Platte River will be reset at the right-of-way line. (No breakaway fencing
shall be provided across the South Platte River. )
e. All signing for the project shall be in accordance with the
provisions and requirements of the Manual of Uniform Traffice Control
Devices. No additional signing shall be provided.
f. During the course of the project, there will be no
temporary river crossings; all public traffic will be on the designated
detours.
g. No environmental mitigation shall take place outside of the
rights-of-way. All environmental mitigation within the rights-of-way shall be
limited to the tree replacement described in paragraph 7.h. below and grass
seeding. Said grass seeding shall include wetland mixture and dryland
mixture.
h. Trees to be removed as a result of the project are
located within the catch slopes. Said removal shall be kept to a minimum.
Replacement trees shall be limited to: twenty (20) 5-Gallon Plains Cottonwood,
twenty (20) 3-gallon Peach Leaf Willow, and twenty (20) 3-gallon Sand Bar
2409805 B-1462 P-226 10/06/94 02:48P PG 2 OF 6 940970
Willow. Such replacement trees shall be placed according to the direction of
the Project Engineer; however, no replacement trees shall be placed within the
temporary easement.
i. The cattleguard located at the driveway to the oil well south
of the right-of-way shall be reset upon relocation of the right-of-way fence.
If in resetting said cattleguard, it should sustain damages, repairs shall be
made. Said cattleguard shall arr be pa'nte
j . The West Bridge 's t e replaced with an eight by eight
concrete box culvert. The primary u of said culvert is for natural
drainage. Fencing to said culvert shall be tied into the wing walls of the
box. No gate covering the entrance and/or exit of said culvert shall be
permitted to be located within the right-of-way.
k. Weed control along the rights-of-way shall be
limited to "County's" normal practices.
TH?EREOF, the p ties hereto have subscribed their names this
.5-TI' day of fg1j.ULJ , 19,19 .
ATTEST:
WELD COUNTY COLORADO, BY AND
^J o/ THROUGH THE BOARD OF COUNTY
_ y COMMISSIONERS ®9yy ,
17
i .-'y ", Chairman ef
/o ds/u
Clerk toy//the Board (:7:By: !�%.V L(X.l , 1 At,n�
Depu . Clerk
THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" //'"
"Ow9 accepts the abpve proposal this .20 day of ... Cff/rr�/((�� 6
19 ;( ;
By: / . //i��
WITNESS
Civil Engineer II
Weld County
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EXHIBIT "A"
A right-of-way designated in the construction drawings for Bridge 32.5/21A as
"Parcel No. 1" to be conveyed by 32.5 partners to the County of Weled, a body
politic and corporte of the State of Colorado; said right-of-way being described
beign described as follows:
A parcel of land situated in the NE 1/4 of Section 14, T3N, R67W of the 6th P.M.
Weld County, Colorado, and being more particularly described as follows:
Considering the South line of the NE 1/4 of said Section 14 as bearing N
90°00' 00" E and with all bearing contained herein relative thereto.
Beginning at the Southwest corner of that parcel described as Tract B at Film
1551 Reception No. 02339894 and recorded on 7/6/93 in the office of the Weld
County Clerk and Recorder, whence the E 1/4 corner of said Section 14 bears N
90°00' 00" E 46.00 feet;
Thence along the South line of the said NE 1/4 of said Section 14, S 90°00' 00"
W 1175.41 feet;
Thence N 00°05'47" E 44.54 feet; Thence S 89°54 '13" E 100. 00 feet
Thence N 00°05'47" E 15. 00 feet; Thence S 89°54 '13" E 980.18 feet to a point on
a curve concave to the NW and having a radius of 50.00 feet;
Thence along said curve through a central angle of 94°38 '34" an arc length of
82.59 feet and having a chord of N 42°46'30" E 73.52 feet; Thence N 04°32 '47" W
137.35 feet;
Thence N 85°27' 13" E 22.75 feet to a point on the West line of said Tract B;
Thence, along the West line of said Tract B, S 07°36 '12" E 252 .62 feet to the
POINT OF BEGINNING.
Containing 1.68 acres, more or less, EXCEPTING 0.54 acres in the existing right-
of-way of Weld County Road 32.5.
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0970
EXHIBIT "B"
A right-of-way designated in the construction drawings for Bridge 32.5/21A as
"Parcel No. 3" to be conveyed by 32.5 Partners to the County of Weld, a body
corporate and politic of the State of Colorado; said right-of-way being
described as follows:
A parcel of land situated in the SE 1/4 of Section 14, T3N, R67W of the 6th P.M. ,
Weld County, Colorado, and being more particularly described as follows:
Considering the North line of the SE 1/4 of said section 14 as bearing N
90°00' 00" E and with all bearings contained herein relative thereto,
Beginning at the Northeast corner of the SE 1/4 of said Section 14; thence S
90°00 '00" W 1221.41 feet along the North line of the said SE 1/4; Thence S
00°05 '47: W 35.46 feet;
Thence S 89°54 '13" E 100.00 feet; Thence S 00°05'47" W 15.00 feet;
Thence S 89°54 '13" E 1124.05 feet to a point on the East line of the said SE 1/4;
Thence N 02°46 '57" W 52.59 feet to the POINT OF BEGINNING.
Containing 1.41 acres, more or less EXCEPTING 0.56 acres in the existing right-
of-way of Weld County Road 32.5.
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940
EXHIBIT "C"
A thirty foot (30' ) wide permanent easement designated on the construction
drawings for Bridge 32.5/21A as "Parcel E-A" to be conveyed by 32.5 Parners to
the Central Weld County Water District; said permanent easement being described
as follows:
Central Weld County Water District right-of-way description over and across
portions of the NE 1/4 of Section 14 and NW 1/4 of Section 13, T3N, R67W of the
6th P.M. in Weld County, Colorado, said right-of-way consists of a 30' wide
permanent easement, the sidelines of which lie 15 feet each side of the following
described centerline, the sidelines of which to be prolonged or foreshortened so
as to result in a continuous easement through the angle points hereinafter
described and also prolonged or foreshortened so as to terminate on the right-
of-way lines of Weld County Road No. 23 .
Considering the South line of the NE 1/4 of Section 14 as bearing N 90°00 '00" W
and with all bearings contained herein relative thereto;
Commencing at the Southeast corner of the NE 1/4 of said Section 14; thence N
90°00 '00" W 1321.36 feet along the South line of said NE 1/4;
Thence N 00°00 '00" E 45.16 feet to the POINT OF BEGINNING;
Thence N 81°43 '42" E 98.87 feet; Thence N 81°33 ' 56" E 102.22 feet;
Thence S 89°54'13" E 1017.00 feet to the POINT OF TERMINUS, said point also being
on westerly right-of-way line of Weld County Road No. 23.
This easement is for the purpose of relocating the water line at a future time.
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94 p
AR24U96116
LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY
ICENSE, made and entered into this a‘' day of
2 , A.D. , /9 j� , by and between WELD COUNTY,
COLO DO, by and through the Boa d of County Commissioners of the
County of Weld, State of Colorado, 915 Tenth Street, Greeley,
Colorado 80631, as First Party, and ROUTE 32 1/2 PARTNERS, A
COLORADO GENERAL PARTNERSHIP, 1451 S. Parker Road, Denver, Colorado
80231, as Second Party.
WITNESSETH:
WHEREAS, Second Party is the owner of part of the E2 of
Section 14 , T3N, R67W, of the Sixth Principal Meridian in Weld
County, Colorado, as transferred by Deed recorded in Book 139 ,
Reception No. 2339899 , in the office of the Weld County Clerk and
Recorder, and which is referred to hereinafter as "Property, " and
WHEREAS, Property lies immediately to the north and south of
Weld County Road 32 . 5, a 100 foot right-of-way, and
WHEREAS, Second Party desires to use structure No. Wel032 . 5-
021 . OA for access under WCR 32 .5, and
WHEREAS, upon Second Party' s request to privately use said
portion of Weld County Road 32 . 5, First Party agrees to authorize
said use in accordance with the terms and conditions as set forth
in this License Agreement.
NOW, THEREFORE, in consideration of the covenants contained
herein and of the agreements of Second Party to be performed
hereunder and upon the conditions herein stated, First Party does
grant to Second Party, his successors and assigns, a License to use
that portion of Weld County Road 32 .5 adjacent to Property.
The conditions by which Second Party may use said portion of
Weld County Road 32 . 5 are as follows :
1 . Second Party must maintain said portion of Weld County
Road 32 .5 by keeping it clear of weeds and trash.
2 . Second Party is prohibited from using said portion of
Weld County Road 32 . 5 in any manner which shall damage
the right-of-way. Second Party is also prohibited from
erecting any structures within this portion of the Weld
County Road 32 . 5 right-of-way.
3 . First Party retains the right to revoke this License at
any time for any reason. First Party shall give Second
Party written notice of its intent to revoke this License
Page 1 of 3 Pages
2409806 B-1462 P-227 10/06/94 02:51P PG 1 OF 3 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.940970
lOI
at least • . days prior to the date of revocation. Such
notice shall be sent to the Second Party by certified
mail to his address written above, or served upon Second
Party in accordance with the Colorado Rules of Civil
Procedure. Second Party shall have the duty of informing
First Party of Second Party' s change in address from the
address written above. Upon any such revocation, Second
Party must remove any personal property which may be
within the right-of-way of Weld County Road 32 . 5 .
4 . Second Party agrees to indemnify and save harmless First
Party, its successors, assigns, employees, and agents, on
account of any damage or loss sustained by him or any
third person, arising by reason of Second Par y' s use of
said portion of Weld County Rood 32 . 5 .
�.�:
5 . Second Party agrees lg.-protect First Part nd save and
hold it harm�,e from any and all third party claims and
it hold
that use4of said portion of Weld County Road
32 . 5 may directly or indirectly cause; and Second Party
hereby releases First Party, its successors, assigns,
employees, and agents from any and all claims and damages
of whatsoever character to any personal property arising
out of the actions of any of the parties to this License
Agreement or of the actions of any third party.
6 . Second Party shall not assign any or all of his rights
under this License Agreement without first obtaining
written consent to the assignment from First Party.
It is mutually understood and agreed that this License
Agreement and all of the terms and conditions hereof shall extend
to and be binding upon the parties hereto, and their assigns .
EXEC , D 1n duplicate the day and year first written above.
: / . FIRST PARTY:
ATTEST: / L4
WELD COUNTY, COLORADO, BY AND
WELD COUNTY CLERK'TO THE BOARD THROUGH THE BOARD OF COUNTY
C.: COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO
By 5Legj i\\killi leat.c--- if M 1 /
Deputy ( Clerk W. H. Webster, Chairman Xicek4
Page 2 of 3 Pages
2409806 B-1462 P-227 10/06/94 02:51P PG 2 OF 3
940970
SECOND PARTY:
ROUTE 32 1/2 PARTNERS, A
COL DO GENERA PARTNERSHIP
cSUBS9RIB9D AND SWORN to before me this day of
WITNESS my hand and official seal .
No ry ublic
My commission expires : 0007
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2409806 B-1462 P-227 10/06/94 02:51P PG 3 OF 3
Page 3 of 3 Pages
940970
mEmoRAnDum
WIlD 0 To Clerk to the Board Date
September 29, 1994
COLORADO From Denny M. Graham if
Agenda Item - Bridge 32 1/2 / 21B R.O.W. Acquisition
Subject:
Please add the following to the Boards Agenda.
1. Agreement for sale and purchase of vacant land for rights of way and or easements, from
Route 32 1/2 Partners, a Colorado General Partnership.
This agreement is to purchase right of way for Bridge 32 1/2 /21 B and easement for
future replacement of the Central Weld Co. Water District line.
2. Agreement for sale and purchase of vacant land for rights of way from
Gunzner Investment Co. This agreement is to purchase a small piece of property for
approach to Bridge 32 1/2 /21 B.
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940970
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