HomeMy WebLinkAbout961380.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING IMPROVEMENTS TO WELD COUNTY
ROAD 27.5 WITH WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO,
INC., AND AUTHORIZE CHAIR TO SIGN
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
Improvements to Weld County Road 27.5 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 Waste Management Disposal Services of Colorado, Inc., 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 Concerning Improvements to Weld County
Road 27.5 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
Waste Management Disposal Services of Colorado, Inc., 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 14th day of August, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
,1�i W D COUNTY, /COLD O
t.
A / ESif',, .. . J 4,,,-,6,4,,,,„„).
Barbar J. Kirkmeyer, C eit
Veld County Clerk ta oard � Y
George E".-Baxter, Pro-Tem
BY:
Deputy erk tote Board FXCtJSFn
Dale K. Hall
/PT ED AST C �.. .s' c-
Sn�7. v 5
Constance L. HHaarbbeer l
ty Attorne — le i�b��/ 1,O,,is
W. H. Webster
961380
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55-2_
AGREEMENT
CONCERNING IMPROVEMENTS TO COUNTY ROAD 127 1/2 BETWEEN WASTE
MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. , AND WELD COUNTY,
COLORADO )
THIS AGREEMENT is made this /� day of kt,1996 by
and between Waste Management Disposal Services of Colo ado, Inc. ,
whose address is C/O North Weld Sanitary Landfill, 40000 WCR 25,
Ault, Colorado 80610, Attn: Bill Hedberg, hereinafter referred to
as "Owners, " 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
County Road 27 1/2, which is Weld County Project No. 9141 , and
WHEREAS, Owners own the following described property:
(See attached Exhibit A) , and
WHEREAS, County needs additional right-of-way in order to
complete the said project, and
WHEREAS, Owners wish 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 A,
attached hereto and hereinafter referred to herein as the
"Right-of-Way" for the sum of TWENTY-ONE THOUSAND SEVEN
HUNDRED FIVE AND 00/100's DOLLARS ($21,705.00) .
2. Owner agrees to grant the Right-of-Way to County by Deed
of Dedication, in the form attached hereto as Exhibit B,
free and clear of all encumbrances, except utility
easements and any other encumbrances of record.
3 . County agrees to pay the costs of title insurance and
recording fees, if necessary as determined by County.
4. A four-strand barbed wire fence shall be placed along
both sides of the new Weld County Road 27 1/2 right-of-
way at the sole cost and expense of Weld County.
5. The improvements to Weld County Road 27 1/2 will include
all appropriate drainage structures to accommodate the
designed and historical runoff from the WMDSC property.
Such drainage structures lying within the proposed right-
of-way of Weld County Road 27 1/2 shall be maintained by
Weld County in such a manner as to remain functional at
2507552 B-1562 P-869 08/22/96 01:03P PG 1 OF 10 REC D0C
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
all times in the future.
6. Weld County, at its sole cost and expense, shall
construct an access road from the new alignment of Weld
County Road 27 1/2 as described in Exhibit A, running
west to the existing north gate of the WMDSC permitted
property. As this will replace the access to the property
which was paved by the property owner, the minimum
specifications for this access road are specified as
follows:
Width - The access road shall not be less than 24 feet
wide.
Composition - The base and topping of the access road shall
conform to the Weld County Road/CDOT
specifications for new gravel road
construction.
Entryway - The entryway shall be paved for a distance of
80 feet past the west right-of-way line of the
new Weld County Road 27 1/2 improvements.
Design - The road shall be crowned pursuant to Weld County
and CDOT specifications to provide proper drainage.
Standard borrow ditches will be constructed along
both sides of the access road.
Gate area - A steel gate shall be placed at the entrance
to the WMDSC property. Exact location and
proximity of said gate shall be determined by
Weld County staff and WMDSC staff at the time
of construction in order to properly place
said gate. Said gate shall be a double-width
gate adequate to facilitate the entry of large
commercial vehicles such as would haul heavy
equipment.
Tie in - The tie in of the west access road to Weld County
Road 27 1/2 improvements shall be flared and the
width of the gates shall be adequate to accommodate
heavy equipment/semi-truck access to the property.
East Entrance - A single gated entrance shall be
constructed from the east right-of-way
line of the new Weld County Road 27 1/2
providing access to WMDSC property. This
entrance shall be paved 30 feet past the
east right-of-way line of the new Weld
County Road 27 1/2 improvements. The
exact location of this east entrance
shall be determined in the field by Weld
County and WMDSC staff at the time of
2507552 B-1562 P-869 08/22/96 01:03P PG 2 OF 10
construction in order to properly locate
this entrance.
7. Weld County shall abandon the existing right-of-way of
the present Weld County Road 27 1/2 adjacent to the WMDSC
property subject to the existing utility easements.
8 . All abandoned right-of-way shall be restored by Weld
County to match existing topography on each side for such
areas as may be designated by WMDSC. If pavement is not
removed, at least two feet of suitable fill materials
shall be placed above payment. In any case, an
additional minimum 8" of topsoil shall be placed above
the sub-soil base. All fill material and topsoil shall
be obtained from adjacent WMDSC property with no cost to
Weld County for materials.
9 . All disturbed and constructed areas shall be revegetated
by Weld County at Weld County's sole expense, in
accordance with the Central Weld Sanitary Landfill
Closure Plan, as amended, and revised U.S.R.-1012, as
they relate to reclamation and revegation.
10. All irrigation structures and pipelines existing on the
property shall be restored to proper functioning
conditions in the event that such structures/lines are
damaged by Weld County in the construction of the Weld
County Road 27 1/2 improvements.
11. Weld County will indemnify WMDSC for any and all physical
damage to monitoring wells (located at Station 2+19, 190
feet right and Station 10+33 , 124 feet right as shown on
Weld County's Road 27 1/2 Construction Plans) , which is
directly caused by the construction activities of Weld
County.
12 . Signage on the new alignment shall be adequate to provide
for safe ingress and egress of traffic onto the new
alignment.
13 . The parties acknowledge that WMDSC will grant an easement
to the Telep family for access to what is commonly known
as the Telep property (located north of the closed
landfill) . The easement access road shall be built by the
County in the location described in Exhibit C attached
hereto. The road shall be constructed by the County in
accordance with all the construction specifications as
set forth above for the WMDSC access roads including
composition, fencing requirements, and the inclusion of
a steel gate. WMDSC agrees to provide maintenance to the
common access road only in accordance with the
operational and use requirements by WMDSC of the closed
2507552 B-1562 P-869 08/22/96 01:03P PG 3 OF 10
Central Weld Sanitary Landfill. Maintenance for the Telep
access road shall be the responsibility of the Telep
family, not that of WMDSC or Weld County.
14. 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 form 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.
15. Although the date of the transfer of the Right-of-Way
shall be the date of the delivery of the deed, 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 to
possess and use all of the Right-of-Way for the purpose
of construction, widening, and improvement of a portion
of said County Road 27 1/2 .
16. Owner warrants that it is the owner of the Right-of-Way,
except utility easements and other encumbrances of
record, and will defend title thereto against all claims.
17. General taxes for the year 1996 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.
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.
2507552 B-1562 P-869 08/22/96 01:03P PG 4 OF 10
OWNER:
TAX ID# (if a icable) :
D,ris,Q9 ✓_P. - a/tkane>/r
WASTE MANAGEMENT DISPOSAL
SERVICES OF COLORADO,
�^ , Q ��� INC.
ATTEST, " J�
• .t► OF COUNTY COMMIS ---ONE-RS OF WE D COUNTY, STATE OF COLORADO
Qily1.
1851 tk �� �'� TO THE BOARD OF
1, 'oq o C. ! � ,COMMISSIONERS 4447‘. ®`� To / rk tothe Board Barbara S. K k eye CiY*
2507552 B-1562 P-869 08/22/96 01:03P PG 5 OF 10
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2507552 8-1562 P-869 08/22/96 01:03P PG 7 OF 10 -
EXHIBIT B
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Waste Management Disposal
Services of Colorado, Inc. , being all of the owners of the
following described property in Weld County, Colorado, to-wit:
(See attached Exhibit A)
do hereby dedicate forever said property as a public highway,
pursuant to Colorado Revised Statute 43-2-201(1) , free and clear of
all liens and encumbrances, except utility easements and other
encumbrances of record, and warrants to title to the same.
WASTE MANAGEMENT DISPOSAL
SERVICES OF COLORADO, INC.
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 1996, by as of
Waste Management Disposal Services of Colorado, Inc.
Witness my hand and official seal .
Notary Public
My commission expires:
2507552 B-1562 P-869 08/22/96 01:03P PG 8 OF 10
EXHIBIT C
PROPERTY DESCRIPTION
30 Access Easement
A strip of land being Thirty feet(30)in width and being part of the Southwest Quarter of the
Southeast Quarter(SWIM SEl/4)and part of the Southeast Quarter of the Southwest Quarter
(5El/4 SW I/4)of Section Thirty-two(32)Township Five North(t.5N.) Range Sixty-six West
(R.66W.)of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado and
being more particularly described as follows:
BEGINNING at the Northwest Corner(NW Cor)of said SWI/4 I/4 SE I/4/4 and considering the
West line of said SW 1/4 Sit-I/4 to bear South 00°04'28"East a distance or 1301.26 feet with all
other bearings contained herein relative thereto:
THENCE North 88°52'30"East along the North line of said SW I/4 SE1/4 a distance of 3.06 feet;
THENCE South 02°32'17" East a distance of 287.85 feet;
THENCE South 56°42'55'East a distance of 430.20 feet to the Westerly Right-Of-Way(ROW)
of a proposed county road
THENCE South 18°I2'16t'West along said proposed ROW lint a distance of 31.07 feet;
THENCE North 56°42'55°West a distance of 453.63 feet:
THENCE North 02°32'17"West a distance of 303.95 feet to a point on the North line of said
SEI/4 SWI/4;
THENCE North 88°54'50°East along said North line a distance of 26.95Iteet to the POINT OF
BEGINNING.
Said described parcel of land contains 0.508 Acres,more or less(*).
SURVEYOR'S CERTIFICATE
I,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was j'repared 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. C/n
/EL
Charles B.Jones % Q• .S 'r
Colorado Registered Profession a/
Land Surveyor k22098 Au ..-,: p�
'41 1O0
RING SURVEYORS, INF.
1200 West Ash Street, Suite C
Windsor,Colorado 8055,+
(970)686-5011
Project Number: 94113
2507552 2-1562 P-869 08/22/96 01:03P PG 9 OF 10
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 a public highway
pursuant to Colorado Revised Statut 43-2-201(1) (a) .
Dated this /4t day of AL( 00 , 1996.
! COUNTY OF WELD, A BODY
at
CORPORATE AND POLITIC OF THE
1867flQ2$1
STATE OF COLORADO
ctlL O THE BOARD
u.{ f ' �t.. ,� BY:��(.ritl. �`/ % it-/%(4[>� Lt '
Deputy jerk to the Board Barba a J. Kirkmeyer ,Chair, ffioard
of County Commissioners of
the County of Weld
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
AiThe foregoing instrume wDas acknowledged before me this
_1 __ day of ____ Le 1996 by
Barbara Kirkmayer , Chalk, Board of" County: Commissioners
of the County of Weld.
Witness my hand and official seal '
is
N ry Pu l'i
i. c *-
My ,commission expires: �� °�-� �-
MY C0tIM!SSi0N EXPIRES WELDCNTY\wmd#3 .agt
JANUARY 10, 1999
2507552 B-1562 P-869 08/22/96 01:03P PG 10 OF 10
mEmoRAnDum
WilkTo Clerk to the Board Date August'��1996
COLORADO
1 r ;
From Drew Scheltinga, County Engineer 1it,,7_
Subject: Agenda Item
Please place the following item on the Boards next agenda:
Right-of-way Purchase Agreement with Waste Management Disposal
Services of Colorado, Inc. and Weld County, Colorado, adjacent to WCR 27.5.
The appropriate documentation is attached
cc: WCR 27.5 road file
beard.mem
961380
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