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Home My WebLink About991149.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR EXTENSION OF TWO RIVERS PARKWAY AND AUTHORIZE CHAIR TO SIGN - EDWIEN AND GARY WIEDEMAN 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 Extension of 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 Edwien and Gary Wiedeman, 5880 West 49th Street, Greeley, Colorado 80634, with terms and conditions being as stated in said agreement, for property located in the SW% and part of the SE'/ of Section 20, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, 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 Purchase of Property for Extension of 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 Edwien and Gary Wiedeman 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 June, A.D., 1999. BOARD OF COUNTY COMMISSIONERS 77OU T L DO ATTEST: Dale K. Hal , air Weld County Clerk to th :,�- 'o _ VW'1.:41. XCUSED _ �na�� Barbara J. Kirkmeyer, Pro-Tem BY: -- Deputy Clerk to the Bo-'J l_� \ �t EXCUSED DATE OF SIGNING (AYE) George . Baxter > � 0 ,.AF'PROVE,I�TO FORM: J`" JAL/ " M. . Geile — jA; //Q o.my Attorney ' Glenn Vat PC; E≤-, ell) A a 991149 � W1 ti EG0038 LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (970)353-2323 KIM R.LAWRENCE (970)356-9160 TELECOPIER JEFFREY R.BURNS (970)356-1111 P.ANDREW JONES June 24, 1999 c7 ririrr)r-r Ja 1"ii` ' 3) Bruce T. Barker r:. Weld County Attorney ` ?1 JUN 2 3 1999 ' • 915 10th Street Greeley, CO 80631 • ELDCOUNTY f." NEl"S ;.',',.d': Re: Two Rivers Parkway and Wiedeman Dear Bruce: Enclosed please find the original Agreements which have been fully executed by the Wiedemans. These documents are sent to you in trust to hold until the County officials execute the same. Please return a signed copy of the Agreement to our office at that time. Also, we have not received the original exhibit documents or deed. Please send us these original documents and we will have the Wiedeman's execute the same. After obtaining the necessary signatures, we will exchange those documents for payment owed to the Wiedemann. If you have any questions, please feel free to contact me. Very truly yours, LIND,7JNCE & OTTENHOFF LLP SA. Keri eth F. Lind KFUcg Enclosure pc: Ed Wiedernan F:\KFL\WIEDEMAN.ED\BAR KER.LTR AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR THE EXTENSION OF TWO RIVERS I 67 PARKWAY BETWEEN EDWIEN WIEDEMAN, GARY W. WIEDEMAN AND THE COUNTY OF WELD, STATE OF COLORADO THIS AGREEMENT is made this 3v° day of )r J,4L ,1999, by and between Edwien Wiedeman and Gary W.Wiedeman,as tenants in common,whose address is 5880 West 49th Street Greeley, Colorado, 80634, hereinafter referred to collectively 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 construct improvements for the extension of the Two Rivers Parkway, which is Weld County Project No. , and WHEREAS, Owners own the real property described in the attached Exhibit "A," and WHEREAS., County needs to obtain right-of-way over the described real property in order to complete said construction and improvement project, and WHEREAS, Owners wish to cooperate with County in said project. NOW, THEREFORE, the parties herein agree as follows: 1. Owners agree to sell and County agrees to purchase the right-of-way shown and/or described in the attached Exhibit"A,"hereinafter referred to as the"Right-of-Way," for the sum of sixteen thousand four hundred and seventy-two dollars and no/100 ($16,472.00). This sum is calculated as $4,000.00 multiplied by 4.118 acres. 2. Owners agree to grant the Right-of-Way to County by Deed of Dedication. 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 nor authorized any agreement with respect to the subject matter of this instrument other than as 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 is between Owners and the County and is not intended for the benefit of any other third party. Page 1 of 4 Pages 1111111 11111 11111 11111 11111 III 1111111 �� 11111 �� 2708198 07/20/1999 04:55P Weld County CO 1 of 7 R 0.00 D 0.00 JA Sukl Tsukamoto 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 cocuments of conveyance(Deed of Dedication described in Paragraph 2.,above), 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 a portion of said Two Rivers Parkway. 7. General taxes for the year 1999 for the Property 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 year have been paid in full by Owner. 8. County agrees to pay Owners the total sum of five thousand dollars and no/100 ($5,000.00) for the loss of a set of corrals that will be of no use to owners due to the new location of the Right-of-Way. 9. Owners agree to accept and County agrees to pay for one year only, loss of crop damages to the remaining 5.8 acres that will be unable to be farmed due to the Countys 1999 construction schedule for the sum of five thousand eight hundred dollars and no/100($5,800.00). This sum is calculated as $1,000.00 multiplied by 5.8 acres. 10. County agrees to install, at no cost to Owners, one access from WCR 54 to the three acre parcel created by the new right-of-way alignment. 11. County agrees to install and perpetually maintain in operable condition, at no cost to Owners, two 24" culverts that will cross under the new road alignment, which Owners will identify locations on site, for the pupose of irrigation. 12. County agrees to arrange for the relocation of the power line that services the house to the northeast of the new road alignment at no cost to Owners. Owners agree to sign and return to Poudre Valley REA the document entitled: "Consent to Realignment of Power Line," a copy of which is attached hereto as Exhibit "B," which shows the proposed alignment of said power line upon completion of its realignment. 13. Cot.nty agrees to purchase and deliver, at the sole cost of the County, not less than 580 lineal feet of.120 gauge of PSI 10 inch gated PVC irrigation pipe, 1,020 lineal feet of 8 inch .120 gauge PSI gated pvc irrigation pipe and two 10 inch by 8 inch reducers. Page 2 of 4 Pages MIN 1111111111111111111111 III 1111111 III 111111111 IIII 2708198 07/20/1999 04:55P Weld County CO 2 of 7 R 0.00 D 0.00 JA Suki Tsukemoto 14. The parties agree that the right-of-way is being acquired by County in lieu of concemnation. 15. County agrees to relocate and install, at no cost to Owners, the existing access from the Two Rivers Parkway to the existing house northeast of the new road alignment. 16. The Deed of Dedication to County executed by Owners pursuant to the terms of this Agreement creates a parcel of land of approximately 15 acres which is located north of Weld County Road 54, south and east of the Greeley & Loveland Irrigation Company Ditch and west of the Two Rivers Parkway. Said parcel of land is specifically recognized by County as a legal, valid, marketable and buildable parcel of land. Furthermore, the creation of this parcel due to the Deed of Dedication shall not disqualify or prohibit Owners from applying for, now or in the future, any type of approval for the subdivision of lands in this parcel or on Owner's remaining properties located east of the Two Rivers Parkway in said Section 20, including a recorded exemption or subdivision exemption under the Weld County Subdivision Ordinance. 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. OWNERS: Edwien Wiedeman (A-) et4-Q49444A Gary W. STATE OF COLORADO County of Weld ) ss. The foregoing instrument was acknowledged before me this,2)^`I day of J,{re _, 1999, by Edwien Wiedeman and Gary W. Weideman, Owners. /Notary Pub /�, / My commission expires: J � I 2u, l99 '1 �0Wg, Page 3 of 4 Pages y • r •.Ggt_‘°••OO 11111111111111111111111 MIEN 1111111 III HMIIIII IIII �4e 00030. 2708198 07/20/1999 04:55P Weld County CO 3 of 7 R 0.00 D 0.00 JR Suitt Tsukamoto ATTEST: ,aI_I ,!��-t COUNTY OF WELD, a body politic and 000YYYuuuorrtftada%corporate of the STATE OF COLORADO CLERK TO THE BOARD COUNTY COMMISSION ,SI .`, � VA 44. BY: L fl4E _ _: i. �:Y: _ Deputy Clerk to the Boarr J'\ # Dale K. Hall, Chai , Board of County ♦ Commissioners of the County of Weld (cC/Tc/gq) llt 2708198 of R 0.00 D 0.00 JR Sukt Taukamolo Page 4 of 4 Pages EXHIBIT "A" PROPERTY DESCRIPTION Weideman Parcel A parcel of land being part of the Southwest Quarter(S W1/4)1/4) and part of the Southeast Quarter (SE1/4) 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 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 bearings contained herein relative thereto: THENCE North 01°.38'43" West along the Fast line of said SW1/4 a distance of 30.00 feet to the Northerly Right-Of-Way (ROW) line of Weld County Road#54 (WCR#54). Said point being the TRUE POINT OF BEGINNING: THENCE South 89°10'58" West along said Northerly ROW line a distance of 749.57 feet; THENCE North 00°49'02" West a distance of 15.00 feet; THENCE North 89°10'58" East a distance of 674.34 feet; THENCE North 01°38'43" West a distance of 222.13 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; THENCE North 42`21'19" East along said center line and being a line non-tangent to the aforesaid curve a distance of 158.01 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 West a distance of 858.63 feet, whose Radius is 1725.00 feet, whose Delta is 28°31'10", and whose Long Chord bears South 15°54'18" East a distance of 849.80 feet to the Point of Tangency (PT); THENCE South 01"38'43" Fast a distance of 224.84 feet; THENCE North 89'36'05" Fast a distance of 925.96 feet; THENCE South 00'23'55" East a distance of 15.00 feet to the Northerly ROW line of said WCR#54; THENCE South 89°36'05" West along said Northerly ROW line a distance of 1000.65 feet to the TRUE POINT OF BEGINNING. 111111111111 111111 111111 1111 III 1111111 III 11111 M IIII 2708198 07/20/1999 04:55P Weld County CO 5 of 7 R 0.00 D 0.00 JA Sukl Tsukamoto Page 1 of 2 Property Description(continued) Weideman Parcel Said described parcel of land contains 4.118 Acres, more or less (f) 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 B. 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. Charles B. Jones i ; 23 ec 2209: . Colorado Registerei Profe ij aJ • c Land Surveyor #22098 %NAL LAND KING SURVEYORS, INC. 9299 Fastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 97348 (June 2, 1998) Page 2 of 2 l IIIIII!III'III'I Illlll lll'l Ill IlM III 'llll llll IIII _e e 0 00 0 0.00 JA Suitt Tsukamolo • EEIDEMANPARCEL EXHIBIT I . 3 NlYON w ce re I r II z 2 z12 GRAPHIC SCALE t$Ft N NO \\ I a r r Or O QO �u� Or 41 F.I to V) I- w ( IM IIIR ) 7V) I Ina . IIW M1 N ® cn O ID uir� V �'� F c) m v, o ct- 4,4 aco w to °' Q c., s- OO z on , 0 45- t€) )n .- :n 1 . et 3 C1� `tip, to N co 11�� d' o a w, ct u) N V1 00 g o ' 6 a � d o_4° CO 2 6 v e' 01'38'43,.E 0 n o d s 224.84' Q m O U �0t'38'43'W 2645.35' -08,===fr--- ..., /-- N0138'43"W, re 3 w to 222.'13' o co i uz2 eel- a <�2' °4 o m 7.7.3. 4> . '42 -.‘t 3 4, G 4 tutI- z , i '41 O 1� ro (O o vI a / / O rocs .4.- -0 r O c �pp / M � NZN. ijgN _ 0a U tO 2 O r l,. z O (1) .C O) 7' O acai < W OO Z in lo zdw mg- CFI W ww co O0 3 i cam' N I ce&a zz oO O' N z N 11111111111111111111111111111 III 1111111 III IIIII IIII IIII z I N 2708198 07/20/1999 04:55P Weld County CO 7 of 7 R 0.00 D 0.00 JA Suitt Tsukamoto KIN ` SURVEYORS, INC. PROJECT NO: 97348EXH3 9299 EASTMAN PARK DRIVE DATE: JUNE 2, 1998 WINDS'3R, CO. 80550 PHONE: (970) 686-5011 CLIENT: WELD COUNTY Hello