HomeMy WebLinkAbout20163505.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 74 REALIGNMENT
PROJECT AND AUTHORIZE CHAIR TO SIGN - CORNISH LAND, 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 for the Purchase of Public
Road Right -of -Way and Temporary Construction Easement for County Road 74 Realignment
Project, between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works and Cornish Land,
LCC, 35954 CR 69, Briggsdale, Colorado 80611, 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 the Purchase of Public Road Right -of -Way and
Temporary Construction Easement for County Road 74 Realignment Project, between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Cornish Land, 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.
Cc . Pw C FC, ( T S/ on / TH13)
1a/ianco
2016-3505
EG0073
PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION
EASEMENT FOR CR 74 - CORNISH LAND, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST.
Weld County Clerk to the Board
BY:
APP
puty Clerk to the Board
County Attorney
Date of signature: t
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
Steve Moreno
L
2016-3505
EG0073
Lor4d ►bi-c1D8
MEMORANDUM
TO: Clerk to the Board DATE: November 4, 2016
FROM: Jacqueline Hernandez -Barrow, Public Works Dept.
SUBJECT: Agenda Item
RE: WCR 74/SH 392 REALINGMENT PROJECT
Approval of an Agreement between Weld County and the Cornish Land LLC for additional right-of-
way and temporary construction easements.
M:\DH-JHBUOB FOLDER-2014\WCR 74-H WY392\ACQUISITION DOCUMENTS\CORNISH LAND (FORMERLY
CARMICHAEL)\AGENDA MEMO.doc
2016-3505
'114
AGREEMENT FOR THE PURCHASE OF
PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT
FOR THE WELD COUNTY ROAD 74 REALIGNMENT PROJECT,
BETWEEN CORNISH LAND, LLC AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this /4" day o , 2016, by and between Cornish
Land, LLC, whose address is 35954 CR 69 Briggsdale, Colorado 80611 hereinafter referred to 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, whose address is 1150 'O' Street, Greeley, Colorado
80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A"
(hereinafter referred to as "Public Road Right -of -Way"), and
WHEREAS, Owner owns real property described in the attached Exhibit "B" (hereinafter
referred to as "Temporary Construction Easement"), and
WHEREAS, County finds it necessary to realign and improve existing Weld County Road 74
and 69, which will involve said road construction, (hereinafter referred to as "WCR 74 Realignment
Project" (the "Project"), and
WHEREAS, County requires said Public Road Right -of -Way in order to complete said
Project, and
WHEREAS, County will need said Temporary Construction Easements in order to construct
the Project which is required in conjunction with said realignment, and
WHEREAS, Owner wishes to cooperate with County in said road realignment Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right -
of -Way shown and/or described on Exhibit "A" (a copy of which is attached hereto
and made a part hereof by this reference), for the sum of One Thousand, Five
Hundred and no/100 Dollars, ($1,500.00). The parties acknowledge and agree that
said purchase price represents full, fair and valuable consideration.
2. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements shown and/or described on Exhibit "B" (a copy of which is
1 of 5
4253661 Pages: 1 of 5
11/15/2016 10:52 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII IN raNt 61104:1+41 I iiiIVADVAIAI 'i. ivh iI II
attached hereto and made a part hereof by this reference), for the sum of Three
Hundred and no/100 Dollars, ($300.00). The parties acknowledge and agree that said
purchase price represents full, fair and valuable consideration.
3. If this agreement is executed and returned to our office on or before October 24,
2016 the County shall pay the amount described in Paragraph Three "3" under
County's Rights and Responsibilities set forth below.
4. Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and the
Temporary Construction Easement and will defend title thereto against all claims.
5. Owner agrees to grant the Public Road Right -of -Way to County by Warranty Deed,
free and clear of all liens and encumbrances, except existing easements.
6. Owner agrees to grant the Temporary Construction Easement to County, free and
clear of all liens, encumbrances or other possessory claims, except existing •
easements.
7. This Temporary Construction Easement shall commence on the day of closing and
shall expire and be of no further force or effect on October 1, 2018, or upon the
completion of the Project, whichever is earlier.
8. Owner shall not, during the term of this Temporary Construction Easement, erect or
construct, or allow to be erected or constructed, any building or other structures on
the property described in Exhibit "B" which may interfere with County's full
enjoyment of the rights hereunder; this Temporary Construction Easement includes
all rights and privileges as are necessary or incidental to County's reasonable and
proper use of said easement.
9. Owner shall retain the mineral estate under the Public Road Public Road Right -of -
Way and the Temporary Construction Easement interests, and shall also retain any
water rights currently attached to or associated with the Public Right -of -Way and
Temporary Construction Easement.
10. Owner shall deliver the fully executed Warranty Deed for the Public Road Right -of- •
Way to County at the date of closing which shall be no later than thirty (30) days
following the County's execution of this Agreement.
11. Owner shall pay any encumbrance associated with the Public Road Right -of -Way and
the Temporary Construction Easement which is required to be paid, including, but
not limited to, a prorated amount of the property taxes, and any past due property
taxes, (and interest and penalties thereon), on or before the date of closing when
Owner delivers the Warranty Deed to County. Owner is solely responsible for the
payment of any amounts owed to a third party holding a security or other ownership
2 of 5
4253661 Pages: 2 of 5
11/15/2016 10:52 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
mill IYI��.�G�iG�l�'i'�4'Ik�'I' kl'�K'Y� lr1�1'I�'I�.LWvh 1I II 1
interest in the Public Road Right -of -Way and Temporary Construction Easement.
12. Owner is liable for any damage caused to any other property owner, including but not
limited to, crop damage, agricultural damage, or access issues which are caused by
the Owner's actions or failure to act pursuant to this agreement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall at closing pay for the cost of obtaining title insurance if County desires
to obtain title insurance for the Public Road Right -of -Way and/or Temporary
Easement.
2. County shall at closing pay all fees associated with recording this Agreement and the
Warranty Deed.
3. County shall pay Two Thousand, Three Hundred and Forty and no/100 Dollars,
($2,340.00) to the Owner for the Public Road Right -of -Way and the Temporary
Construction Easement by County warrant at the date of closing if Agreement is
signed and returned on or before October 24, 2016. If the Agreement is not signed
and returned on or before October 24, 2016, the County shall maintain its current
offer of Fair Market Value of One Thousand, Eight Hundred and no/100 Dollars,
($1,800.00) for the Public Road Right -of -Way and the Temporary Construction
Easement by County warrants at the date of closing.
4. County, as a condition of the granting of this Temporary Construction Easement,
covenants and agrees to restore the property described in Exhibit "B" to a level
comparable to its original condition.
5. Prior to construction commencing on the Project and right-of-way described herein,
the County shall construct a temporary fence line along the outside boundary of the
temporary construction easement. At the conclusion of construction, the County will
install a new permanent right-of-way fence along the boundary of the new right-of-
way being acquired hereunder. The Owner shall be responsible for the subsequent
maintenance of said fence.
6. County shall recognize the remainder parcel lying south of the new road alignment
as a legal lot.
3 of 5
4253661 Pages: 3 of 5
11/15/2015 10:52 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII NIFOIF'RI 't1iC4 ' IIIM'AINi+'d Ali ALIJ id 11111
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right -of -Way and Temporary •
Construction Easement made pursuant to the terms herein, shall be binding upon, all
and inure to the benefit of and be enforceable by the parties and their heirs, executors,
administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
4. The parties hereby agree that neither has made or 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.
5. 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.
6. 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.
7. This transaction shall be governed by and constructed in accordance with the laws of
the State of Colorado.
8. Owner shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against injury, loss damage, liability, suits, actions, or claims of
any type or character arising out of the Owner's activities in fulfillment of the terms
of this Agreement or on account of any act, claim or amount arising out of the failure
of the Owner to conform to any statutes, ordinances, regulation, law or court decree.
9. Neither party to this agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not
4 of 5
4253661 Pages: 4 of 5
11/15/2016 10:52 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII 103+1, III II
limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental
actions.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
Landowners: CORNISH LAND LLC
By:
orniLand LLC Representative
ATTEST: dirdieti;*
BY:
pputy C1eto the Board
4253661 Pages: 5 of 5
11/15/2016 10:52 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111riliIh NaililiV,1' 5Fil,1ignhliliri\k:Wyk BM
Title:-._./d/�I wvv�^�
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair NOV 1 4 2016
5 of 5
06/6. .55-D
RE: Doc # 2016-3505
MEMORANDUM
TO: Clerk to the Board DATE: January 25, 2017
FROM: Jackie Hernandez -Barrow, Public Works Department
SUBJECT: Consent Agenda Item
Acceptance of Warranty Deed for Public Road Right -of -Way for certain improvements to WCR 74
Realignment Project at SH 392 with Cornish Land, LLC.
Atukcio—
obl6 - 3sos
6-66X).a
WARRANTY DEED
THIS DEED made this ,e„,0-(11day of
LAND, LLC, whose address is 35954 CR
referred to as "Grantor," and COUNTY OF
State of Colorado whose legal address is 1150
County of Weld, State of Colorado, Grantee:
WITNESS, that the Grantor, for the sum of One Dollar, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the grantee, their heirs and assigns forever, all the real property
together with improvements, if any, situate, lying and being in the County of Weld and
State of Colorado, described as follows:
, 20/7, between CORNISH
Briggs • a e, Colorado 80611 hereinafter
ELD, a body corporate and politic of the
"O" Street, Greeley, Colorado 80631, of the
SEE ATTACHED EXHIBIT "A".
Also known as: 36249 Hwy. 392 Briggsdale, CO 80611
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions, reminder and
remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances.
RESERVING unto Grantor the mineral estate under said property, including oil,
gas and any and all water rights currently attached to or associated with said property,
except as required to sustain the integrity of the surface estate granted herein.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the grantees, their heirs and assigns forever. And the Grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain and agree
to and with the grantees, their heirs and assigns, that at the time of the ensealing and
delivery of these presents, he is well seized of the premises above conveyed, has good,
sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell and convey the same in
manner and form as aforesaid, and that the same are free and clear from all former and
other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature whatsoever, except for taxes for the current year, easements,
restrictions, covenants, conditions reservations and rights -of -way of record, if any.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained
premises in the quiet and peaceable possession of the grantees, their heirs and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof
The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
4274712 Pages: 1 of 7
02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
RA Ng Li till
02 0/49 - Sib
IN WITNESS THEREOF the Grantor has executed this deed on the date set forth
above.
OWNERS: CORNISH LAND, LLC
By:
Cornish Land, LLC
State of Colorado )
)ss.
County of Weld )
The foregoinjnstrument was acknowledged before me this 15 day of
20 i i , by [ )e n3arn \ , ro Jfl , Owne
JACQUEUNE HERNANDEZ-BARROW
NOTARY PUBLIC
STATE OF DORADO
MY COMMISSION EXPIID RES7
Z 2017
My commission expires: ,�,,t y / 2, 20/7
Pages: 2 of 7 0.00
02/01/2017 274712 R Fee:$0.00 D Fee:$
{{�� 10:22 And Weld County, I ,I III
Ca III IT�'e♦��lil����rly Koppes, rrtl,IrT�Ic1�T fl
Witness my hand and official seal.
y
P blic
OF HE CO
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 deeded property as Public
Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this day of
ATTEST: dirhot) G JC‘4;64.
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS OF
THE COUNTY OF WELD
BY:
puty Clerk to the Board
STATE OF COLORADO
)ss
COUNTY OF WELD
, 2017.
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
Julie A. Cozad, Chair /
BOARD OF COUNT
COMMISSIONERS
OF THE COUNTY OF WELD
JAN 3.12017
The foregoing instrument was acknowledged before me this day of
, 2017 by Julie A. Cozad, BOARD OF COUNTY COMMISSIONERS
Y OF WELD.
Witness my hand and official seal.
My commission expires:
4274712 Pages: 3 of 7
02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
BliNicirifIlliaillfankMilikitliniNhidilikill II
Notary '/ blic
C& E6 Y L L i tl V S Yii i'�
Lot„
ID 2.)1i.!.1, -
my CU i' i:; r; c r ih'
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-3
STA. 279+91.02 CL. to STA. 288+30.40 CL. (Center line of WCR 74 Realignment)
FROM
Cornish Land LLC (Formerly Carmichael)
35954 CR 69
Briggsdale, CO 80611
FOR
Project Code: 19892
Project Number: STMC 030-057
Location: CR 74 @ S.H. 392
Purpose: Safety Improvements and CR 74 realignment
4274712 Pages: 4 of 7
02/01/2017 10:22 A
Carly Koppes, Clerk anMd R order el D Fee:$0,00
IlliE'rrrllRlVIl '%hCil 1,timiiiirkiilci vY h till
1 of 4
EXHIBIT "A"
PROJECT CODE: 19892
PROJECT NUMBER: STMC 030-057
PARCEL NUMBER: RW-3
DATE: November 16, 2015
Rev. August 22, 2016
LEGAL DESCRIPTION
A parcel of land No. RW-3 of Weld County, and being part of the Department of Transportation, State of Colorado,
Project Code 19892, Project Number STMC 030-057, containing 3.47 acres, more or less, in the Southwest One -
Quarter of Section 35, Township 7 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado, said
parcel being more particularly described as follows:
COMMENCING at the West One -Quarter Corner of Section 35, Township 7 North, Range 63 West;
Thence South 00°14'42" East along the west line of the Southwest One -Quarter of Section 35 a distance of 855.71
feet to the TRUE POINT OF BEGINNING.
1. Thence North 89°45'18" East to a point on the existing easterly right-of-way line of Weld County Road 69
(WCR 69) a distance of 30.00 feet;
2. Thence South 22°08'02" East a distance of 129.79 feet to a non -tangent, to aforesaid line, point of curve
to the right;
3. Thence 655.58 feet along the arc of said curve whose radius is 1270.00 feet, central angle is
29°34'35" and whose chord bears South 59°44'17" East a distance of 648.32 feet;
4. Thence South 44°57'00" East a distance of 99.41 feet;
5. Thence South 89°53'44" East to a point on the westerly right-of-way line of State Highway 392 a distance
of 127.40 feet;
6. Thence South 45°05'07" West along said right-of-way line a distance of 320.00 feet;
7. Thence North 00°03'28" East a distance of 127.26 feet;
8. Thence North 44°57'00" West a distance of 99.41 feet to a point of curve to the left;
9. Thence 544.16 feet along the arc of said curve whose radius is 1130.00 feet, central angle is
27°35'28" and whose chord bears North 58°44'44" West a distance of 538.91 feet;
10. Thence South 09°48'02" West to a point on said existing easterly right-of-way line of WCR 69 a distance of
274.93 feet;
11. Thence South 89°45'18" West to the west line of said Southwest One -Quarter a distance of 30.00 feet;
12. Thence North 00°14'42" West along said west line a distance of 537.18 feet to the TRUE POINT OF
BEGINNING.
4274712 Pages: 5 of 7
02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
lIII !rare VOA In liQui. IMI'VI'I tiiiA Ili "III
2 of 4
The above described parcel contains 151,175.85 sf. (3.47 ac.), of which 16,117.20 sf. (0.37 ac.) are in existing right-
of-way of the present road leaving a net area of 135,060.45 sf. (3.10 ac.), more or less.
Basis of Bearings: All bearings are based on a grid bearing of the west line of the Southwest One -Quarter as
bearing South 00°14'42" East a distance of 2614.83 feet from the West One -Quarter corner to the Southwest
corner of Section 35, Township 7 North, Range 63 West and described as shown.
For and on behalf of Weld County
Daniel R. Holmes, PLS 38213
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
4274712 Pages: 6 of 7
0Carl0ytKoPP s,1CCler:2Zk and Recorder, Weld County, CO
0
NM IgilCilkillla VI Mlllli'llgiiiillhi6liAlvii Ill III
3 of 4
EXHIBIT -A
S35—T7N—R63W
h
00 ci
O: G
N
Z
F0
N
w
P.O.C.
W 1/4 CORNER
S35-T7N-R63W
2 )" A.C.
T.P.O.B.
N89'45'18"E
30.00'
CORNISH LAND LLC
PARC.#071335000020
RECP.#4229844
RW-3
ADDITIONAL RIGHT—OF—WAY ACQUIRED
135.060.45 sf.± OR 3.10 ac.±
CURVE TABLE
CUR
LEN
RADIUS
DELTA
CHD BRG
CHD DIST
C1
655.58'
1270.00'
29'34'35"
S59'44'17"E
648.32'
C2
544.16'
1130.00'
27'35'28"
N58'44'44"W
538.91'
LINE TABLE
LINE
BEARING
DISTANCE
L1
S22'08'02"E
129.79'
L2
S44'57'00"E
99.41'
L3
S89'53'44"E
127.40'
L4
N00'03'28"E
127.26'
L5
N44'57'00"W
99.41'
L6
S09'48'02"W
274.93'
L7
S89'45'18"W
30.00'
EXISTING 60' ROW
RECP.4562361
JUL. 14, 1928
/
SW CORNER,/
S35-T7N ,R63W
3 Y4" A.g. IN BOX
/,.
RIGHT-OF-WAY
ACQUISITION
./
/
/. !
/.• /•
/
/
/
/'
�! —60'
! EXISTING 60' ROW
FEB. 11, 1916
BK 14 -PG 563
BK 83 -PG 375
RD1OO/631
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION ONLY.
CORNISH LAND LLC 7
(Formerly Carmichael)
WCR 74
WELD COUNTY, COLORADO
4274712 Pages: 7 of 7
02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111 IrldiriiN11111
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 74 REALIGNMENT PROJECT
AT STATE HIGHWAY 392
PROJECT NO: GR-17
DATE: 11-16-15 BY: JHB
8-22-1b
SCALE: 1"--200
SHEET: 4 of 4
Hello