HomeMy WebLinkAbout20163504.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 PLAINS LIVESTOCK, LLLP
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 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 Plains
Livestock, LLLP, 1601 44th Avenue Court, Unit -1, Greeley, Colorado 80634, 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 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 Plains Livestock, LLLP, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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(311 D/IG
2016-3504
EG0073
PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION
EASEMENT FOR CR 74 - CORNISH PLAINS LIVESTOCK, LLLP
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: do/144i •. "4-11.0 o.
Weld County Clerk to the Board
ounty Attorney
Date of signature: 6 ( /301 I Co
Mike Freeman, Chair
Sean P. Conway, Pro -Tern
2016-3504
EG0073
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 Plains LLLP for additional right-
of-way and temporary construction easements.
2016-3504
M:\DH-JHB\JOB FOLDER-2014\WCR 74-HWY392\ACQUISITION DOCUMENTS\CORNISH PLAINS\AGENDA MEMO.doc
AGREEMENT FOR THE PURCHASE OF
PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT
FOR THE WELD COUNTY ROAD 74 REALIGNMENT PROJECT,
BETWEEN CORNISH PLAINS LIVESTOCK, LLLP AND WELD COUNTY,
COLORADO
-41
THIS AGREEMENT is made this Jr day of(1/4/i/- , 2016, by and between Cornish
Plains Livestock, LLLP, whose address is 1601 44th Avenue Court Unit -1 Greeley, Colorado 80634
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 Dollars and
no/100 Dollars, ($1,000.00). 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
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Carly Koppes, Clerk and Recorder, Weld County, CO
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020/l0-�`7
Construction Easements shown and/or described on Exhibit "B" (a copy of which is
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.
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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
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payment of any amounts owed to a third party holding a security or other ownership
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 One Thousand, Six Hundred and Ninety and no/100 Dollars
($1,690.00) 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, Three Hundred and no/100 Dollars
($1,300.00) 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.
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,
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Carly Koppes, Clerk and Recorder, Weld County, CO
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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
limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental
actions.
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII 1irdNI ilk 11 II
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
Landowners: CORNISH PLAINS LIVESTOCK, LLLP
By: /)7i77 £-21c-e Title: f hw
Cornish Plains Livestock, LLLP Rep.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
ATTEST:
BY:
dazifet) JCL:Ok
Deputy Cler�f,Jto the Board
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII NAP LiI hJii BIM
NOV 1 4 2016
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ao/G - o5
MEMORANDUM
TO: Clerk to the Board DATE: January 25, 2017
FROM: Jackie Hernandez -Barrow, Public Works Department
SUBJECT: Consent Agenda Item
RE: Doc # 2016-3504
Acceptance of Warranty Deed for Public Road Right -of -Way for certain improvements to WCR 74
Realignment Project at SH 392 with Cornish Plains Livestock, LLLP.
CjC/i �GI/ 6-J/16/r41/6)
/-j0 -/7
Oa -03-11
alp/lo- 350Y
WARRANTY DEED
THIS DEED made this 30�� day o , 20/7, between CORNISH
PLAINS LIVESTOCK, LLLP, whose addre is 1601 4th Avenue, Unit #1, Greeley,
Colorado 80634 hereinafter referred to as " rantor," and COUNTY OF WELD, a body
corporate and politic of the State of Colorado whose legal address is 1150 "O" Street,
Greeley, Colorado 80631, of the 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:
SEE ATTACHED EXHIBIT "A".
Also known as: VACANT LAND
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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
IMPfiYM:i'Ki+tIY AI II
020
IN WITNESS THEREOF the Grantor has executed this deed on the date set forth
above.
OWNERS: CORNISH PLAINS LIVESTOCK, LLLP
By:
Benja in D. Brown, General Partner
State of Colorado )
)ss.
County of Weld )
The foregoing _ instrument was acknowledged before me this 19 day of
20 17 , by I -p rNScxxn‘,n ) PcoYl , Gene a Partner.
I JACQUELINE HERNANDEZ-BARROW
STATE
COLORADO
O
NYCOI3 O E PIIRD DESA��BT12,2017
My commission expires:
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 114�� Yrti4 IN Mk 1 II
Witness my hand and official seal.
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 oO
Dday of
ATTEST: W.4444.1G. •-d0;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
/JAN 3 0 2D37
Julie A. Cozad, Chair C
BOARD OF COUNTY
COMMISSIONERS
OF THE COUNTY OF WELD
7f�
The foregoing instrument was acknowledged before me this �� day of
, 2017 by Julie A. Cozad, BOARD OF COUNTY COMMISSIONERS
OF WELD.
Witness my hand and official seal.
My commission expires:
/O21 / q/c /
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Carly Koppes, Clerk and Recorder, Weld County, CO
liii ��AKrti���i i���:hia��� �� � I��
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NOTARY ID 20-.14-1:3 .46044
MY CJMiJlkSION LXIHRLS u[C. 19, 2018
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED - REVISED S/2/16
Parcel Number: RW-7
STA. 226+00 CL. to STA. 237+25.51 CL. (Center line of WCR 74 Realignment)
FROM
Cornish Plains Livestock LLLP
1601 44th Ave. Ct. Unit #1
Greeley, CO 80634
FOR
Project Code: 19892
Project Number: STMC 030-057
Location: CR 74 @ S.H. 392
Purpose: Safety Improvements and CR 74 realignment
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Car1Y Koppes,
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EXHIBIT "A"
PROJECT CODE: 19892
PROJECT NUMBER: STMC 030-057
PARCEL NUMBER: RW-7
DATE: November 16, 2015
LEGAL DESCRIPTION
REVISED 5/2/16
A parcel of land No. RW-7 of Weld County, and being part of the Department of Transportation, State of Colorado,
Project Code 19892, Project Number STMC 030-057, containing 3.27acres, more or less, in the Northwest One -
Quarter of Section 3, Township 6 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado, said
parcel being more particularly described as follows:
COMMENCING at the Northwest Corner of Section 3, Township 6 North, Range 63 West;
Thence North 89'26'30" East along the north line of the Northwest One -Quarter of said Section 3 a distance of
288.86 feet and being the TRUE POINT OF BEGINNING.
1. Thence continuing North 89'26'30" East along said north line a distance of 1139.28 feet;
2. Thence South 00'33'30" East to a point on the existing northerly right-of-way line of Weld County Road 74
(WCR 74) a distance of 30.00 feet;
3. Thence continuing South 00°33'30" East a distance of 40.00 feet;
4. Thence South 89°26'30" West a distance of 1139.28 feet;
5. Thence North 00°33'30" West to a point on said existing northerly right-of-way line of WCR 74 a distance
of 40.00 feet;
6. Thence continuing North 00°33'30" West to a point on the north line of said Northwest One -Quarter of
section 3 a distance of 30.00 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 79,749.25 sf. (1.83 ac.), of which 34,178.25 sf. (0.78 ac.) are in existing right-
of-way of the present road leaving a net area of 45,571.00 sf. (1.05 ac.), more or less.
Basis of Bearings: All bearings are based on a grid bearing of the north line of the Northwest One -Quarter as
bearing South 89°26'30" West a distance of 2642.88 feet from the North One -Quarter corner to the Northwest
corner of Section 3, Township 6 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
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Carly Koppes, Clerk and Recorder, Weld County, CO
lIII IIPAr l TI I4M,I NIIIIN Ka4IP IU 6Y4 1I II
EXHIBIT -A
S3-T6N-R63W
N 1/16 CORNER
S3-T6N- R63W _SW 11::,E
1296.60
P.O.C.
NW CORNER
S3-T6N-R63W
2 h" A.C. IN BOX
4
CORNISH PLAINS LIVESTOCK LLLP
PARC.#079903200019
RECP.#2554804 & 2554805
RW-7
ADDITIONAL RIGHT—OF—WAY ACQUIRED
45,571.00 sf.± OR 1.05 ac.±
38213 fla
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
R IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
111
__-....130.130 -.a-EXISTING 60' ROW
I I RECP.#86028
I. I I JUL. 16, 1902
Igi
INI I
1 I
N
M
S89 26'30 W
L3
z
171
T.P.O.B.
LINE TABLE
LINE
BEARING
DISTANCE
L1
500'33'30"E
30.00'
L2
SOO'33'30"E
40.00'
L3
NO0'33'30'W
40.00'
L4
N00'33'30"W
30.00'
t EXISTING ROW
1 I 0.78 act
r/�
/I
I I
L2: ii N 1/4 CORNER
S3-T6N-R63W
I 3 Y4" A.C. IN BOX
N89'26'30"E 2642.88'
BASIS OF BEARINGS
RIGHT-OF-WAY
ACQUISITION
CORNISH PLAINS LVSTK.
WCR 74
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Carly Koppes, Clerk and Recorder, Weld County, CO
GO.uNT_c
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 74 REALIGNMENT PROJECT
AT STATE HIGHWAY 392
PROJECT NO: GR-17
SCALE: 1"=200
DATE: 5-2-16
BY: JHB
SHEET: 3 of 3
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