HomeMy WebLinkAbout950532.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DEDICATION OF VACANT LAND FOR
RIGHTS-OF-WAY, FOR REMOVAL OF EARTH MATERIAL FOR BORROW IN
CONSTRUCTION OF WELD COUNTY ROAD 392, AND FOR LEASE OF REAL
PROPERTY WITH STAN CASS, DBA CASS FARMS COMPANY, AND AUTHORIZE
CHAIRMAN 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 Dedication of Vacant
Land for Rights-of-Way, for Removal of Earth Material for Borrow in Construction of Weld County
Road 392, and for Lease of Real Property 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 Stan Cass, dba Cass Farms Company, 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 Dedication of Vacant Land for Rights-of-Way, for
Removal of Earth Material for Borrow in Construction of Weld County Road 392, and for Lease of
Real Property 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 Stan
Cass, dba Cass Farms Company, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
950532
EG0034
geed c?R ; Ix; Ca6S
AGREEMENT FOR ROW- CASS FARMS COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of March, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
tWELD COUNTY, COLORADO
ie
ATTEST:
/ k� flint sFn
Dale K. Hall, Chairman
Weld County Clerk to the Board
� " �/� In arbara J. Kirkme r, o em
Deputy Clem to the Board
George E. Baxter
APPRO AS TO FOR � � 60 /��
Constance L.14arbert
y � 7 9
unt Attorne tb /� i/l �> J 71�J
W. I`I. Webster
950532
EG0034
.HIS DOCLME.C'.:
RERECORDED WITH
CORRECTED EXHIBIT "K"
AR2 431t126
AGREEMENT FOR DEDICATION OF VACANT LAND
FOR RIGHTS-OF-WAY. FOR REMOVAL OF EARTH
Ait2433018 MATERIAL FOR BORROW IN THE CONSTRUCTION
OF WELD COUNTY ROAD 392. AND FOR LEASE OF REAL PROPERTY
THIS AGREEMENT is made and entered into this day of lit cVLtk J , 1995
by and between Weld County, Colorado,by and through the Board of County Commissioners of the
County of Weld, Colorado, hereinafter referred to as "County," and Stan Cass, d/b/a Cass Farms
Company, hereinafter referred to as "Owner."
WITNESSETH:
WHEREAS, County is in need of nine parcels of vacant land, as illustrated in Exhibits A
through I, which are attached hereto and incorporated in this Agreement by reference, in order to
provide County sufficient rights-of-way for the purpose of constructing Weld County Road 392, and
WHEREAS, County is also in need of earth material to be removed from the abandoned
railroad right-of-way in Section 28, Township 8 North, Range 62 West of the 6th P.M., Weld
County, Colorado, for the purpose of constructing WCR 392, and
WHEREAS, Owner desires to obtain, through the process of vacation by County in
accordance with the provisions of Sections 43-2-301, et. seq., C.R.S.,the abandoned railroad right-
of-way which County currently possesses in Section 32, Township 8 North, Range 62 West of the
6th P.M., Weld County, Colorado, and
WHEREAS, Owner desires to lease from County that portion of the abandoned railroad
right-of-way which County currently possesses in Section 8, Township 7 North, Range 62 West of
the 6th P.M., Weld County, Colorado,to and until such time as Owner purchases all of the property
surrounding said abandoned railroad right-of-way, at which time County shall vacate and quit claim
deed the same to Owner, and
WHEREAS, Owner now wishes to deed to County the rights-of-way shown in Exhibits A
through I and transfer ownership of the earth material described above in exchange for the vacation
and quit claim deed by County to Owner of the abandoned railroad right-of-way located in said
Section 8-7-62, and for the lease and later vacation and quit claim deed by County to Owner of the
abandoned railroad right-of-way located in said Section 32-8-62.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
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950532
1. Owner shall furnish to County quit claim deeds conveying the rights-of-way shown
on the attached Exhibits A through I, hereinafter collectively referred to as "Parcels",
for Weld County Road 392. County will provide all required documents. Title
insurance need not be provided by Owner. The delivery of the quit claim deeds by
Owner to County shall be in exchange for no monetary consideration by County, but
rather, for the promise to vacate and for the lease of the real property described
herein.
2. Possession of the properties shown in Exhibits A through I shall be delivered to
County upon its receipt of the quit claim deeds executed by Owner and shall not be
subject to any leases or tenancies.
3. All property taxes on the parcels shown in Exhibits A though I for the years prior to
1995 shall be paid prior to delivery of the quit claim deeds. Property taxes for the
year 1995 on said parcels shall be apportioned to the date of delivery of the deeds
based on the most recent levy and most recent assessments.
4. Owner shall allow County or its contractor to enter the abandoned railroad right-of-
way owned by Owner and located in Section 28, Township 8, Range 62 to remove
approximately 25,000 cubic yards of earth material for the construction of Weld
County Road 392. Ownership to said earth material is hereby transferred to County
by Owner. All areas in the abandoned railroad where earth material is removed will
be smoothed over and reseeded by County.
5. Owner represents that it presently owns all of the property located within the east half
(E2)of Section 32,Township 8 North,Range 62 West of the 6th P.M.,Weld County,
Colorado, except the abandoned railroad right-of-way located therein and which is
described in the attached Exhibit "J". County shall vacate, in accordance with the
provisions of Sections 43-2-301, et. seq., C.R.S., and quit claim to Owner said
abandoned railroad right-of-way as described in Exhibit J.
6. Owner represents that it does not presently own the property located on both sides
of the abandoned railroad right-of-way located within the west half(W2) of Section
8,Township 7 North,Range 62 West of the 6th P.M.,Weld County,Colorado,which
is described in the attached Exhibit"K". County agrees to and hereby does lease to
Owner said abandoned railroad right-of-way (as described in Exhibit K) to and until
such time as Owner acquires the land on either side thereof, when County shall
vacate, in accordance with the provisions of Sections 43-2-301, et. seq., C.R.S., and
quit claim deed the same to Owner. Owner agrees to notify County of its acquiring
the property on both sides of said abandoned railroad right-of-way.
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950532
7. County shall reset existing fences or construct new fences totaling approximately
19,200' as shown in the construction plans and as reviewed on site with Owner on
January 19, 1995. All new fencing will be four-wire and constructed in accordance
with the Colorado Department of Transportation Standards,except that the posts will
alternate with one being wood and two being steel.
8. Owner represents that it owns certain fence located at various places along the entire
stretch of WCR 392 where the construction work is scheduled to take place. Said
fence will need to be torn down and will be replaced as agreed to in paragraph 7.
above. Owner shall,by April 15, 1995, salvage and remove any fence which it owns
and which is torn down in the construction process.
9. The final grades of the borrow area located between stations 435+00 and 450+00 as
shown on the construction plansshall be left at an elevation three feet(3') above the
final WCR 392 road grade.
10. The main access to the farm buildings located at station 446 +20 shall be relocated
and the grades adjusted at the time of construction. Said main access shall be
constructed in accordance with the requirements of the roadway construction and
topped with three inches of aggregate base course. Owner shall determine the final
location and grades of said main access at the time of the roadway construction, but
in no event shall it be located outside of the area between stations 435+00 and
450+00.
11. A flared end section will be placed on the 36" diameter corrugated metal pipe located
at Station 440 + 50.
12. 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.
13. This Agreement shall be deemed a contract extending to and binding upon the parties
hereto and upon their representative errors, devises, executors, administrators, legal
representatives, successors, and assigns only when the same has been approved by
the Board of County Commissioners of the County of Weld on behalf of Weld
County, Colorado.
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950532
IN WITNESS WHEREOF,the parties hereto have subscribed their names this 20th day of
M t:1995.
ATTEST: 47,4, /! WELD COUNTY, COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
CLERK TO THE BOARD~' COMMISSIONERS
BY:A Q k 4Ugk� BY
Deputy Clerk the Board Barbara J. Kir ever, airman Pro-Tem
CASS FARMS COMPANY
BY: - t
Stan Cass
SUBSCRIBED AND SWORN to before me this /7 day of fiff4 'L N
19'35.
WITNESS my hand and official seal.
l
l
Notary Public
—"sir(
...... 81`� 1` 915 10th St., Greeley, CO 80631
My;onfimigiugK,xpirVs: '/e /_ y
BECKMAN i
" OF`CO�0:
My Comm.Expires Oct.7,1996
M:\W PFILES\AGREE\CASS.G]B
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aft3532
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11.79 POINT OF BEGINNING
COUNT(ROAD I94 —NORTHEAST CORNER
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STATE OF COLORADO I
RECEPTION NO - 02246379 (PARCEL2)
COOK PROJECT
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THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED
LAND SURVEY, AND IS ONLY INTENDED TO DEPICT THE �,.esoo_-Sn�A�vw
ACCOMPANYING DESCRIPTION FOR ILLUSTRATION PURPOSES. '," �';)1F
2431026 B-1484 P-197 03/21/95 04:42P PG 6 OF 15
2433018 B-1486 P-201 04/06/95 02:06P PG 6 OF 15
- EXHIBIT "B"
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COUNT'ROM 186 21 51'
60 R-O-W PER BOON 86 PAGE 273 I
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2433018 B-1486 P-201 04/06/95 02:06P PG 7 OF 15
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: II POINT OF BEGINNING
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ACCOMPANYING DESCRIPTION FOR ILLUSTRATION PURPOSES. g,','=1Jy"O°C0`.,,°"a;`mar-
2431026 B-1484 P-197 03/21/95 04:42P PC, 8 OF 15
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2433018 B-1486 P-201 04/06/95 02:06P PG 8 OF 15
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LAND SURVEY, AND IS ONLY INTENDED TO DEPICT THE
ACCOMPANYING DESCRIPTION FOR ILLUSTRATION PURPOSES. w1m`)uw.u,m'"a0"`
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2433018 B-1486 P-201 04/06/95 02:06P PG 9 OF 15
EXHIBIT "EI'
5O 32
/ _. _. .
IIIIIII
UNE BEARING DISTANCE
L1 20.58'43`E 106.75'
L2 21.17'20' 42.13'
L3 20149'55 53.71'
L4 20'56'24' 93.69'
L5 20°41'34' 95.11'
L6 21°O6'3Y 98.48' `
L7 20°17'01' 100.59' I .
LB 21°11'31' 97.62'
L9 21'07'30' 99.78'
L10 20'57'25 100.46'
Ut 21°04'50' 101.98' ' I`m
Lit 20'21'20' 101.54'
, L13 21'02'00' 100.79' I`"'
L14 20'36'11' 99.16'
L15 20.58'22' 103.05' 1 a
L16 20'54'34' 98.68' / , 0.
L17 18°59'03" 100.423'
L18 17'25'2r 101.78' n�
L19 17'53'10° 100.97'
L20 13°03'24 101.36' /nq 1i
L21 13°10'45' 102.57'
L23 0 140'14° 107.92' I/�rh I�
1.22 11'50'14° 110.26'
L24 07°00'SEf 103.43' 3 'mA ^
L25 06'50'27" 107.16' o
L26 OS54'15 14,84' /I.
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BOOK 66 PAGE 273
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ESUBUSHEO FROM FENCE
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THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED
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ACCOMPANYING DESCRIPTION FOR ILLUSTRATION PURPOSES. ,,,,"°"„, a),"y,O,),i,; "'�°OYA
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_ EXHIBIT "F"
950532
/ I ..
UNE BEARING DISTANCE
Li 5 00'59'56' W 52.14'
L2 S 00'12'45 W 99.80'
l3 S OCP35'01' W 104.83'
L4 S 00'23'19' W 200.69'
LS 5 00'36'36 W 119.24' 1 1
1
COUNTY ROAD 166 _ gppNpX N0=1N LINE SEC JJ
60' R-0-W PER BOOK 66 PAGE 273 r N 69'44'S1 W - 6.65'
POINT OF BEGINNING
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WEST USH SEC. 03
ESTIBDSHED FROM FENCES
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THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED
LAND SURVEY, AND IS ONLY INTENDED TO DEPICT THE _ M o.o.
ACCOMPANYING DESCRIPTION FOR ILLUSTRATION PURPOSES. P « 'rt '\EIP
2431026 B-1484 P-197 03/21/95 04:42P PG 11 OF 15
•
2433018 B-1486 P-201 04/06/95 02:06P PG 11 OF 15 EXHIBIT "G"
Pc, Oases
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NORTHWEST CORNER.—�• I U O
HALF HA SEC. 28 U Z
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C1 0209'O2 1944.66' 73.00' 73.00' S 00.04'48' W Z<
w
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LINE BEARING DISTANCE e J tO
L1 01.30'19' 90.11' T` O
L2 01'16'46' 101.98' o
L3 O1'10'34' 99.14' ''J� O
L4 01'11'04' 100.48' 'M Z
L5 01.18'55' 99.68'L6 01.18 ^'29' 100.31' 1 I Z
L7 01.32'19" 95.37' 1
L8 01.11'22' 132.10' r"1 O
L9 O1'19'0Y 98.49' "'E 2 d
L10 01'0B'28" 95.26' Q'� ,
L11 01'09'22 100.55' L. M 1 r W
L12 01°14'54' 99.64' , . _
2.58'
L14 01'09 4Y 1016.76' d"1 L ' ' « CC
J e .!'j.
L15 01.21'24' 79.74' 111 0, ..
L16 01'15'59" 101.08' �' �"I r o �j.
L17 01.18'26" 98.94' 4; n , I n_+ !n
L18 01.27'29" 38.86' 111 /, I s
; Q
L19 01'20'40' 62.82'
L20 0I'19'S8' 103.23' r 0
.�;'� B
L21 01.15'41' 101.58' P `L o �$
L22 01'28'24" 98.59' ^^I
L23 01.07'07 104.55' o _I;
L24 01.14'50' 101.17' A r '1'" Q
L25 01'19'05' 103.72' !� II)
L26 01.14'2Y 50.58' 1� `y '•'/ o_ -1
1 T
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.a� :c%Tim Anx"— POINT OF BEGINNING I I'
THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED _tOLIKW°O`0.m "
'CC
_'`- .V""G-61
LAND SURVEY, AND IS ONLY INTENDED TO DEPICT THE °' °-°- - - P :LK x
ACCOMPANYING DESCRIPTION FOR ILLUSTRATION PURPOSES. I 1 7
•
•
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EXHIBIT "H"
9J0 73
1,,•
NORTNW61 CORNEA.—•
WEST HVI SEC. 28
a
CURVE DELTA RADIUS ARC CHORD BEARING w IN:.
C1 05°08'40" 1874.86 168.34 168.28 N 01°25'01' W t-
h \UNE BEARING DISTANCE x
LI S 05°20'25" E 55.67' /
L2 5 01°46'36 E 94.05' POINT OF BEGINNING J J
L3 5 01°05'18' W 101.04'
L4 S 01.O27Y W 101.14' 5 7
L5 5 01•01.5r W 101.25'
L6 5 01.04'2r23. W 101.39'
L7 5 01°11'2Cf W 102.84'
L8 S 01.14'16 W 101.25'
L9 S01°22'1Y W 102.23'
LI 0 S O1°10'59" W 97.64' ��'
$ NO
L11 S 01.41'38' W 16.61'
LI2 5 01°20'47• W 454.64' \1 tO j'
L13 S 01°15'32' W 29.50' in
L14 5 01°30'45" W 100.66' /"1 Q1 I
LI5 5 01°36'13' W 94.69' 0
LI6 5 01°46'58" W 41 55' 71 r� 0
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THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED
LAND SURVEY, AND IS ONLY INTENDED TO DEPICT THE
ACCOMPANYING DESCRIPTION FOR ILLUSTRATION PURPOSES.
2431026 8-1484 P-197 03/21/95 04:42P PG 13 OF 15
2433018 8-1486 P-201 04/06/95 02:06P PG 13 OF 15
EXHIBIT "I"
950532
A strip, parcel, or piece of land situate in the SE4SE4 of Section 32, Township 8 North, Range 62
West of the 6th P.M., County of Weld, State of Colorado,to wit:
A strip of land 200 feet in width being 100 feet in width on each side of the center line of the
former main track of the Union Pacific Railroad Company's Greeley Branch as the same was
previously surveyed, located, and staked out through, upon, over, and across said SE4SE4
of said Section 32.
Containing an area of 5.25 acres, more or less.
Said center line crosses the south line of said SE4SE4 at a point 310.3 feet west of the
southeast corner thereof; Thence, northeasterly 1,143.4 feet, more or less, to a point on the
east line of said Section 32 that is 1,074.4 feet,more or less,north from the southeast corner
thereof.
2431026 13-1484 P-197 03/21/95 04:42P PG 14 OF 15
EXHIBIT "J"
2433018 B-1486 P-201 04/06/95 02:06P PG 14 OF 15
950532
A strip or parcel of land situate in the W2 of Section 8, Township 7 North,Range 62 West of the 6th
P.M., County of Weld, State of Colorado, to wit:
A strip of land 150 feet in width, being 75 feet in width on each side of the center line of the
former main track of Union Pacific Railroad Company's Greeley Branch, as was previously
surveyed, staked out, and located upon and across the SW4 of said Section 8;
Containing an area of 9.85 acres, more or less.
Also, a strip of land 200 feet in width being 100 feet in width on each side of the center line of
the former main track of Union Pacific Railroad Company's Greeley Branch, as was previously
surveyed, located, and staked out through, upon, over, and across the E2NW4 of said Section 8;
Containing an area of 7.8 acres, more or less;
Said center line crosses the south line of said Section 8 at a point 1,126 feet east of the southwest
corner of said section,thence on a tangent N 20°52' E, a distance of 5,720 feet to a point in the
north line of said section, 3,056 feet east of the northwest corner of said section.
2433018 B-1486 P-201 04/06/95 02:06P PG 15 OF 15
CORRECTED
EXHIBIT "K"
950532
Cass Farms Company
Stan Cass 43251 Weld County Road 77 • Briggsdale, Colorado 80611 (303) 834-1231
March 6, 1995
Mr. Bruce Barker
County Attorney
Dear Bruce,
Having reviewed my conversation with the representative of the owners of the property
containing the RR right of way, I conclude that we won't get the deal finalized very quickly. So, I
agree that we go to the alternative plan, i.e. give Cass Farms a lease on that piece of right of way.
I suggest a 10 year lease, at some token amount up to the cost of annual taxes. I have learned
from past experience that ventures of this nature should not be commenced without a signed
agreement that specifies the responsibility of each party. Since fence work is about to start, I'd
like to get the contact agreed to and signed.
Let me know if you have further questions.
Sincerely,
Stan Cass <
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950532
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