HomeMy WebLinkAbout982520.tiff RESOLUTION
RE: APPROVE AGREEMENT TO PURCHASE RIGHT-OF-WAY FOR THE EXTENSION OF
AND CERTAIN IMPROVEMENTS TO THE TWO RIVERS PARKWAY AND
AUTHORIZE CHAIR TO SIGN - LUNDVALL, LLC
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 to Purchase right-of-way
for the extension of, and certain improvements to, the Two Rivers Parkway between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Public Works Department, and Lundvall, LLC, 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 to Purchase right-of-way for the extension of, and certain
improvements to, the Two Rivers Parkway between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Public Works
Department, and Lundvall, LLC, 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 30th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WVEI� COUNTY, COLORADO
ATTEST: � } ���,�• / ��/ch7 �ec�� �i� �a�
�!',J \ Constance L. Harbert, Chair
Weld County Clerk tot B• do�f
r
W. H. ebster, ro- e
BY:
Deputy Clerk to the �t � �� +
�� / George E. Baxter
PR E TO FORM: EXCUSED
Dale K. Hall
County ttorney ( a �//�t E (----
arbara J. Kirkmeyer 7/ (./
/ / / /r /l' /?/ !7' 982520
-- - EG0038
AGREEMENT TO PURCHASE OF RIGHT-OF-WAY FOR THE EXTENSION OF
AND CERTAIN IMPROVEMENTS TO THE TWO RIVERS PARKWAY
BETWEEN LUNDVALL, LLC, AND THE COUNTY OF WELD
THIS AGREEMENT is made this 30thday of December, 1998 by and between Lundvall,
LLC, whose address is, Greeley, Colorado 80634, hereinafter referred to collectively 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, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary for new construction, and for the improvement and
extension of Two Rivers Parkway, which is Weld County Project No. 97348EXH, and
WHEREAS, Owner owns the property described in the attached as Exhibit"A,"hereinafter
referred to as "the Right-of-Way," and
WHEREAS, County needs the Right-of-Way in order to complete said construction and
improvement project, and
WHEREAS, Owner,under threat of condemnation, has agreed to deed the Right-of-Way to
the County in exchange for the sum of money and promises of County stated herein.
NOW, THEREFORE, the parties herein agree as follows:
1. Owner agrees to sell and County agrees to purchase the Right-of-Way for the sum
of One-Hundred Sixty-Seven Thousand Five-Hundred and No/00 Dollars
($167,500.00). This sum is calculated as the sum of$4,000 multiplied by 9.625
acres for the property being taken ($38,500), $126,500 for damages to the residue,
and $2,500 paid in lieu of the cost of a second appraisal as required by state statute.
2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication prior to
January 20, 1999.
3. County agrees to pay the costs of title insurance and recording fees, if necessary, as
determined by County.
4. 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 to Purchase Right-of-Way is between the parties hereto, and is not
intended for the benefit of any other third party not specifically referred to herein.
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5. 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 Property 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 to possess and use all of the Right-of-Way for the purpose of realignment,
constructing, widening, and improvement of said Two Rivers Parkway.
7. General taxes for 1998 shall be paid by Seller. General taxes for 1999 shall be
apportioned to the date of delivery of the Deed of Dedication, based on the most
recent levy and the most recent assessment. Owner represents and warrants that all
general taxes levied prior to such years have been paid in full by Owner.
8. All of the conditions,promises, and covenants stated herein shall be in full force and
effect, notwithstanding the conveyance of the Right-of-Way by Deed of Dedication
as outlined herein, and shall not merge with said Deed of Dedication.
9. 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 create a duty of care with respect to any
persons not a party to this Agreement.
10. The parties agree that the Right-of-Way is being acquired by County in lieu of
condemnation.
11. Lundvall,LLC,warrants that it is the owner of the Right-of-Way and will defend title
thereto against all claims, subject to all exceptions and reservations of record in the
Weld County Clerk and Recorder's Office.
12. 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.
13. County agrees to survey and mark the Right-of-Way with steel fence posts at 200 foot
intervals in order to allow the Owner the opportunity to see the location of the Right-
of-Way and to begin grading its property for the changes in irrigation patterns
necessitated by the construction of the Two Rivers Parkway.
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14. County agrees to lay across the Right-of-Way two 12 inch diameter corrugated plastic
pipes to serve as sleeves for low pressure irrigation lines. The two plastic pipe
sleeves shall run from edge to edge of the Right-of-Way at locations and depths to
be determined in the future in consultation with Elmer E. Lundvall.
15. County agrees to permit Owner the following accesses and/or pull-outs:
a. One new agricultural access located on the east side of the Right-of-Way,
north end, near the half section line for Section 20-5-66. Such agricultural
access shall be to the property owned by Owner and located to the north and
east of the Right-of-Way. The term"agricultural access" shall mean, for the
purposes of this Agreement, ingress and egress by farm tractors, implements
of husbandry, and vehicles customarily used in farming operations.
b. One new agricultural access located on the east side of the Right-of-Way,
approximately at its center (straight portion), where the road grade is at the
same elevation as the adjacent remaining properties. The term "agricultural
access"shall mean, for the purposes of this Agreement, ingress and egress by
farm tractors, implements of husbandry, and vehicles customarily used in
farming operations.
c. One pull-out on the west side of the Right-of-Way,approximately at its center
(straight portion), where the road grade is at the same elevation as the
adjacent remaining properties. Such pull-out shall be used for the sole
purpose of providing parking on the Right-of-Way so that Owner may have
foot access to irrigation equipment located on property owned by Owner and
located south and west of the Right-of-Way.
The continued use of the new accesses and/or pull-outs shall be conditioned upon the
following:
1) The continued proper use of the accesses and/or pull-outs as permitted herein.
2) The safety of such access and/or pull-out (as determined by the Director of
the Weld County Public Works Department), given the arterial nature of the
Two Rivers Parkway and taking into consideration various safety factors
which shall include, but not be limited to, sight distance requirements and
traffic volume and speed.
16. The parties agree that requests for any additional accesses from Right-of-Way to the
adjacent remaining properties shall be reviewed in accordance with the requirements
of Section 3.0 of Weld County Ordinance 180, as amended.
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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.
OWNER:
LUNDVALL, LLC
i
Elmer E. Lun v R;rr;1,AL
f2
STATE OF COLORADO )
COUNTY OF WELD ) ss.
of re ih_, #i nstrument was acknowledged before me this -29`aday
I i b3LOl&4t )';i vall, Prineipal,� Lundvall, LLC.
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1 ar a�)
Witness my ha and official seal.
‘%Ft-°op CO -� Notary_Public
`
y s mission expites , 9, aocO
My Commission 'nos July 9,
ATTEST: BOARD OF COUNTY COMMISSIONERS
CLERK T THE OARQ G La OF WELD COUNTY, COLORADO
COUNTYCOMMISSIO_' R:( •
}
Ot to a
BY: /�6?>7�7d c-acs
Deputy Clerk to the jj"t Constance L. Harbert, Chair (12/20/98)
mss/
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Sent by: King Surveyors, Inc; 970 686 5821 ; Dec-29-98 11 :47Aµ; Page 2/3
PROPERTY DESCRIPTION
Lundvall Parcel
An exclusive and perpetual easement and right-of-way for road purposes over and across the
Southwest Quarter(SW 1/4) of Section Twenty(20),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 a strip of land One Hundred and Fifty feet(150')in width and being more
particularly described as follows:
BEGINNING at the South Quarter Corner of said Section 20 and assuming the South line of
said SW1/4 as bearing South 89°10'58" West a distance of 2700.26 feet with all other beatings
contained herein relative thereto:
THENCE South 89°10'58" West along said South line a distance of 75.01 feet;
THENCE North 01°38'43" West a distance of 267.14 feet to a Point of Curvature(PC);
THENCE along the Arc of a curve which is concave to the West a distance of 736.50 feet, whose
Radius is 1575.00 feet,whose Delta is 26°47'33",and whose Long Chord bears North 15°02'30"
West a distance of 729.81 feet to the center line of the existing Loveland and Greeley Canal.
Said point being the TRUE POINT OF BEGINNING:
THENCE continuing along the Arc of a curve which is concave to the Southwest a distance of
1064.72 feet, whose Radius is 1575.00 feet,whose Delta is 38°43'57",and whose Long Chord
bears North 47°48'15" West a distance of 1044.56 feet to the Point of Tangency(PT);
THENCE North 67°10'14" West a distance of 797.40 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 100.1.33 feet,
whose Radius is 1725.00 feet,whose Delta is 33°15'33",and whose Long Chord bears North
50°32'27" West a distance of 987.33 feet to the North line of said SW 1/4;
THENCE North 89°11'11" East along said North line, and being a line non-tangent to the
aforesaid curve, a distance of 182.83 feet to a Point On a Curve(POC). Said line being non-
tangent to said curve;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 814.35 feet,
whose Radius is 1575.00 feel, whose Delta is 29°37'29",and whose Long Chord bears South
52°21'29" East a distance of 805.31 feet to the P1;
THENCE South 67°10'14" East a distance of 797.40 feel to a PC;
THENCE along the Arc of a curve which is concave to the Southwest a distance of 1114.13 feet,
whose Radius is 1725.00 feet,whose Delta is 37°00'21", and whose Long Chord bears South
48°40'04" East a distance of 1094.87 feet to the center line of the aforesaid Loveland and Greeley
Canal;
THENCE South 42°21'19" West along said center line a distance of 158.01 feet to the TRUE
POINT OF BEGINNING.
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EXHIBIT "A"
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aent sy: King Surveyors, Inc; 970 686 5821 ; Dec-29-98 11 :47AM; Page 3/3
Property Description(continued)
Lundvall Property
Said described parcel ofland contains 9.625 Acres,more or less(±) and is subject to any rights-
of-way or other easements as granted or reserved by instruments of record or as now existing on
said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Charles 13. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared 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.
RBA?" `c
e.
Charles B. Jones . 4 2098 S;
Colorado Registe sional .�•r
is .j
1.00Land Surveyor #22098,' 1
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
Project Number: 97348 (May I I, 1998)
Lundvall Parcel (Revised: December 29, 1998)
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