HomeMy WebLinkAbout990245.tiff 9 .
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RESOLUTION
RE: APPROVE AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER
TRAIL 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 for Donation of Property
for Poudre River Trail between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Dean and Susan Edmundson, 11651
Weld County Road 62, Greeley, Colorado 80631, 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 Donation of Property for Poudre River Trail
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the, and Dean and Susan Edmundson 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 8th day of February, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
��` D COUNTY CO RADO
ATTEST:
�. njr'j41 , "ale K. Hall, Chair
Weld County Clerk to the', M.9 tf i0=\ /
'I !'rQir l 1 a J \-/
La pp hi, l:arb a J. Kirkm rr, Prey
BY: Ca At1 , ��;, :fr W acf`�i'�
Deputy Clerk to the Board- 11, .
" Geo a E. er
AP D AS TO FO
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ounty A ott rney Al /
Glenn Vaad-'-------
CA Ed muiicho✓ ' 990245
}� PR0016
AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER TRAIL
THIS AGREEMENT is entered into this I2tday of January, 1999, by and between
the County of Weld, a political subdivision of the State of Colorado, by and through the Board of
County Commissioners of the County of Weld, whose address is 915 10th Street, Greeley, Colorado
80631, hereinafter referred to as"County,"and Dean P. Edmundson and Susan Edmundson, whose
address is 11651 WCR 62 Greeley, CO 80631, hereinafter referred to as "the Edmundsons."
WITNESSETH:
WHEREAS, County desires to obtain the right to construct and maintain a pedestrian and
non-motorized vehicular right-of-way (hereinafter referred to as "Right-of-Way"), as part of the
Poudre River Trail, between Weld County Road ("WCR") 25 and WCR 23, across land owned by
the Edmundsons in Section 36, Township 6 North, Range 67 West, and
WHEREAS,the Edmundsons desire to donate Right-of-Way to County,in fee, upon County
meeting certain terms and conditions, and
WHEREAS, Weld County Road 62'/ extends generally west from WCR 25 to WCR 23 and
has been closed to the public, and not maintained by Weld County, for many years, and
WHEREAS, the Edmundsons desire to have all existing rights-of-way and road easements
pertaining to said portion of WCR 62'/ vacated across their property.
NOW, THEREFORE, in consideration of the premises and the following mutual covenants,
the parties hereto have agreed as follows:
1. DONATION OF STRIP OF LAND: The Edmundsons agree to donate to County and
County agrees to accept the Right-of-Way. Said Right-of-Way shall be used by the public
and maintained by the County for the purpose of conveyance by pedestrians and non-
motorized vehicles. The Edmundsons understand and agree that said Right-of-Way may also
be used by police, emergency, and maintenance motorized vehicles, and by mounted police,
when necessary. The parties agree that the Right-of-Way shall consist of a strip of land, not
less than twenty-five(25)feet wide,extending along the north boundary of the Edmundsons'
property from Weld County Road 25 west to an existing crossing of the William R. Jones
Ditch (hereinafter referred to as the "Jones Ditch"). The path of the Right-of-Way is
generally shown on the plat which is attached hereto as Exhibit "A;" however, the exact
location and width of the Right-of-Way shall be mutually determined by the parties prior to
the date of closing. The Edmundsons agree to grant the Right-of-Way by a Deed of
Dedication, on a form acceptable to County, free and clear of all encumbrances, except for
existing easements, including, without limitation, the William R.Jones Ditch, Central
Colorado Water Conservancy District easement, City of Greeley utilities, K.N. Energy
Page 1 of 5 Pages
easement, and any other utilities currently in place. Said Deed of Dedication shall be
executed promptly upon completion of a survey plat of the Right-of-Way, paid for by
County, which shall show the exact locafion of the Right-of-Way and provide a legal
description thereof. Movement by the Edmundsons' livestock through the underpass
described in Paragraph 3.b., below, shall not be considered to be an interference with the
Right-of-Way as dedicated in said Deed of Dedication. The parties further agree that said
Deed of Dedication may be recorded separately from this Agreement,but shall be subject to
and shall not merge with the terms of this Agreement.
2. VACATION OF WCR 62'/4: County, by and through its Board of Commissioners, shall,
upon signature of this Agreement, begin proceedings to vacate all existing rights-of-way and
road easements pertaining to WCR 62'/4, from WCR 25 to WCR 23 (except for maintenance
of those existing utility easements for water and power). Such vacation proceedings shall
comply with the requirements of C.R.S., §§ 43-2-301, et. seq. The donation desribed in
Paragraph 1., above, shall be conditioned upon the successful completion of the vacation of
said portion of WCR 6214, including recordation of the Board of County Commissioner's
Resolution of vacation, as required in C.R.S., § 43-2-302.
3. FENCING AND UNDERPASS:
a. County agrees to establish and maintain a stock and smaller animal fence, being of
a small wire mesh at least 48 inches in height on wood posts, with three strands of
barbed wire above the mesh, as defined in the Poudre River Trail Master Plan, along
both sides of the Right-of-Way, from the bridge crossing the Poudre River, to the
existing crossing of the Jones Ditch, and along the south side of the Right-of-Way,
from that part of the Jones Ditch which is referred to in Paragraph 4., below, east to
the Edmundson's property line. County agrees to establish and maintain an identical
fence, but at least 72 inches in height, along both sides of the existing crossing of the
Jones Ditch and from the crossing north to the Poudre River,and along the south side
of the Right-of-Way, from the crossing east to that part of the Jones Ditch which is
referred to in Paragraph 4.,below. In addition, County shall install a chain link gate
on a roller(opening to at least twenty(20) feet in width) on both sides of said Right-
of-Way, at a point mutually agreed upon, adjacent to the Jones Ditch for access and
maintenance of the Jones Ditch and headgate by owners and operators of the Jones
Ditch.
b. At a point west of the Jones Ditch,at a location mutually agreed upon and tentatively
marked on Exhibit A, County shall establish an underpass (not less than seven (7)
feet in height) under the proposed trail suitable for livestock passage.
4. RELOCATION OF PORTION OF WILLIAMS R. JONES DITCH: County agrees to
relocate that portion of the Jones Ditch which currently is less than twenty-five(25)feet from
the south bank of the Cache La Poudre River; said relocation area to be mutually agreed
Page 2 of 5 Pages
99oo15
upon by the parties. The relocation shall be done at the expense of County and at a
mutuallyagreed upon time so that there will be minimal interference with normal operation
of the Ditch. Prior to commencement of the-relocation, County shall present to Ditch Board
a survey plat and design drawings, which shall show a cross-section of the Ditch at the point
of relocation, the compaction, and the placement of rip-rap. No construction on the
relocation shall commence until the Ditch Board has approved the survey plat and drawings,
which approval shall not be unreasonably withheld.
5. DONATION IN LIEU OF CONDEMNATION --APPRAISAL: The parties agree that said
Right-of-Way is being acquired by County in lieu of condemnation. County shall obtain an
appraisal of the value of the Right-of-Way donated to County by the Edmundsons promptly
upon completion of the survey referred to Paragraph 1., above, and prior to the end of
calendar year 1999.
6. VEHICLE RESTRICTIONS ON TRAIL: County agrees to restrict access at both ends of
said Right-of-Way between WCR's 25 and 23, such that motorized vehicles other than those
described in Paragraph 1., above, cannot enter upon said Right-of-Way.
7. SIGNAGE: County shall establish and maintain all appropriate signs to prohibit unleashed
pets or unauthorized use of trail by the public.
8. CONSTRUCTION OF TRAIL: County shall be solely responsible for construction of the
trail on property as defined herein, including control over and safety of all workers. County
shall inform all workers and volunteers that unauthorized trespassing on the Edmundsons'
property is prohibited.
9. ENTIRE AGREEMENT: 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.
10. RIGHT TO POSSESSION: 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 the Edmundsons, County, its
contractors, agents,employees, if any, and all others deemed necessary by County shall have
the irrevocable right to possess and use all of the Right-of-Way, if deemed necessary by
County for the purpose of construction or maintenance of said Right-of-Way,or by the public
if said Right-of-Way is ready for conveyance by pedestrians or by non-motorized vehicles.
11. WARRANTY OF TITLE: The Edmundsons warrant that are the owners of the Right-of-
Page 3 of 5 Pages
Way and will defend title thereto against all claims.
12. TAX APPORTIONMENT: General taxes for the year 1999 for the Property shall be
apportioned to the date of delivery of the deed based on the most recent levy and the most
recent assessment. The Edmundsons represent and warrant that all general taxes levied
against the Right-of-Way prior to such year have been paid in full by the Edmundsons.
13. UTILIZATION UNTIL CONSTRUCTION: The parties agree that the Edmundsons shall
have the right to utilize the Right-of-Way for pastureland grazing or other agricultural
purposes until such time that the County, its contractors, agents, and/or employees, begin(s)
construction of the improvements thereon for the Poudre River Trail system.
14. SEVERABILITY: If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall,to any extent, be held invalid or unenforceable,
the remainder of this Agreement, or the application of such terms or provisions, to a person
or circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected, and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law.
15. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute
a waiver of any immunities the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement .
16. 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 of the
undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be an incidental beneficiary only.
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.
Page 4 of 5 Pages
99d 4 —
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written. 9
10n ra�o/1,,v�tk.t
DegDedh P. Edmundson
i
Susan Edmundson
STATE OF COLORADO )
COUNTY OF WELD ) ss.
)
The foregoing instrument was acknowledged before me this yea; day of January, 1999, by
Dean P. Edmundson and Susan Edmundson.
Witness my hand and official seal.
iz
Notary Public
My commission ex ires: MY COMMISSION EXPIRES
�EMBER 6, 2002
G
ATTEST: 1 � BOARD OF COUNTYCOMMISSIONERS
CLERK TO THE BOARD, E J( A, OF WELD COUNTY, COLORADO
COUNTY COMMISSION Sago
0 4:41-
1861 t0} •
oA'U„AV1V1
BY: Zak, To- 1� •. _ Y{ BY.
Deputy Clerk to it hX «� `
p Y ! '��, Dale K. Hall, Chair ( 2/08/99)
u IN Page 5 of 5 Pages
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