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Home My WebLink About20153418.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JOEL AND GLORIA KUGLER 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 was presented with an Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 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 JOel and Gloria Kugler, P.O. Box 369, Hudson, Colorado 80642, 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 Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 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 Joel and Gloria Kugler, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2015-3418 C. � 6-5/73)l 11/, EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 — JOEL AND GLORIA KUGLER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS W D COUNTY, C L RADO ATTEST:die/L , / arbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tern BY: G _jj Cam. D'� ty Clerk to he Board _ T Sean P. Conway APPROVED AS TO FORM lie A. Cozad 1861 ,Steve Moreno Date of signature: lll`I 2015-3418 EG0072 . 1861 MEMORANDUM 1r 5-0. TO: Clerk to the Board DATE: October 21, 2015 C0uNT_Y FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with Joel D. and Gloria Kugler. RECEIVED OCT 222015 WELD COUNTY COMMISSIONERS M\Francie\AGENDA memos\Agenda-Leon-2.doc 2015-3418 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN Joel D. Kugler and Gloria Kugler and WELD COUNTY, COLORADO THIS AGREEMENT is made this gl.Ci' ay of .--e -01•'`-", 2015, by and between Joel D. Kugler and Gloria Kugler, whose address is P.O. Box 369, Hudson CO 80642-0369, hereinafter collectively 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 a parcel of real property described in the attached Exhibit "B" (hereinafter referred to as ('`Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement 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 Five Hundred and 00/100 Dollars, ($500.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Temporary Construction Easements 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 00/100, Dollars ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable 4153578 Pages: 1 of 9 0Z0/5-3 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppel Clerk and Recorder: Weld County CO ■III 101.47.P.,��I��I�,��W�w,w F1r�4�4 w14w�,4hti' II I consideration. 3. If this agreement is executed and returned to our office on or before Oct 07, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owner warrants that they are the Owner of the Public Road Rights-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 the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The Temporary Construction Easement shall commence on the day the contractor enters the property to begin construction of the Weld County Road 49 Improvement Project and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement Project, whichever is earlier. 8. Owner shall not, during the term of the 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; the 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 Right-of-Way and the Temporary Construction Easement, 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 interest in the Public Road Right-of-Way and Temporary Construction Easement. 4153578 Pages: 2 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County: CO Page 20t`5 VIII��1lR!'S�� Vier'Iliti'I40,00.!1diiUlltillePliiiii 11111 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 Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay One Thousand, Five Hundred Forty Dollars ($1,540.00) to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before October 7, 2015. If the agreement is not signed and returned on or before October 7, 2015, the County shall maintain its current offer of Fair Market Value of One Thousand, Three Hundred ($1,300.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of 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 subsequent maintenance on the permanent right of way fence, after it has been installed. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the 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 4153578 Pages: 3 of 9 10/28/2015 10:50 AM R Fee:$0.00$0.00 Page 3 of 5 Carly Koppes. Clerk and Recorder. Weld County. CO II III 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. 4153578 Pages: 4 of 9 /28/2015 10 50 AM R Fee.$0 00 Page 4 of 5 Car10 lY i;PP CI u1�11 • IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Joel D. Kugler and Gloria Kugler 7 By: Title: 94: i By: Title: ATTEST: 6ds ,, p,4, BOARD OF COUNTY COMMISSIONERS Weld Co ty Clerk to the Bo rd WELD COUNTY, COLORADO BY: ii1(12-1/-tA' Deputy Cler to the Boar arbara Kirkme r, Chair 0CT 2 6 Z015 AP VED AS TO UN �� PPROVED AS TO _ 3 STANCE: 4420. Controller 1 % ed 2 ial or Department Head APPROVED AS TO FORM: A) /A 'PP dWAvta—t_ Director of General Services County Attorney Page 5 o15 4153578 Pages: 5 RM of 9 ,2-0/5-,5*/ 1 15 I 10/28/20 10:50 R FMrS@•Wel 00d County co Carly KopPes: Clerk and Recoorder ■IIII!�1l1'irl.F�I�Iil��ti'FJi�l+,tGL'��1��,Y��i�L��'�W�"' �IIII EXHIBIT-A 11-KUGLER-ROW PROPERTY DESCRIPTION A parcel of land being part of the North Half of the South Half of the Southwest Quarter (N1/2 S1/2 SW1/4) of Section Eighteen (18), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 18 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 18, being monumentalized by a #6 rebar with a 3 14- diameter aluminum cap stamped •tS27269, 2004 at the North end and by a witness monument Thirty (30) feet Easterly of the South end, said witness monument being a #6 rebar with a 2 'fi diameter aluminum cap stamped tS27269, 1998, as bearing South 00'32'12 East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2624.92 feet, with all other bearings contained herein relative thereto: THENCE North 88'56'52 East along the North line of the Southwest Quarter of said Section 18 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 18; THENCE South 00'32'12 East along said East Right—of—way line a distance of 1312.52 feet to the North line of the North Half of the South Half of the Southwest Quarter (Ni/2 S1/2 SW1/4) of said Section 18, said point being the POINT OF BEGINNING; THENCE North 89'01'37 East along the North line of the North Ha:f of the South Half of the Southwest Quarter (N1/2 51/2 SW1/4) of said Section 18 a distance of 9.39 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 607.05 feet to said East Right—of—way line, said curve having a radius of 19,630.00 feet, a central angle of 01'46'19 and a long chord bearing South 00'20'58 West a distance of 607.03 feet; THENCE North 00'32'12 West along said Eost Right—of—way line a distance of 606.88 feet to the POINT OF BEGINNING. Said parcel of land contains 1,898 sq. ft. or 0.044 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY ,A.. WELD COUNTY DEPAR I-MENI 4.1 i#OF PUBLIC WORKS ACQUISITION ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20& 22 KUGLER Ll\l l : in I \.()R:- PR0,,E;.' NO S1O-2o SCALE \ \ \VCR 49 \\HD COI NI Y.CO1()R AD() DC-E: 2-5-15 DR...WN BY CDI SHEET I 42 4153578 Pages: 6 of 9 10/28/2015 10:50 RM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. Co 111 M!�1�I,�=�I�, w�� fi P0„1010111 144 11 111 EXHIBIT-A POINT OF COMMENCEMENT L1 W 1/4 COR S18-T2N-R64W FND #6 RB W/3.25" AC STAMPED LS 27269 2004 IN MON. BOX N N r7 N '�� •"� POINT OF BEGINNING o o L2 ADDITIONAL RIGHT—OF—WAY ACQUIRED 1,898sf.± OR 0.044ac.± NOTICE U According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based JOEL D & GLORIA upon any defect in this survey be commenced more than ten years from the date of the ap certification shown hereon. (13-80-105 C.R.S. C co KIIGLER 2012) z ° PARC.#130518000004 1 8000004 NOTE: This exhibit drawing is not intended to be m REC. ?493?1 y a monumentalized land survey. It's sole purpose N is as a graphic representation to aid in the visualization of the written property description 0 04 which it accompanies. The written property '1 description supersedes the exhibit drawing. N O C O m N 40' RIGHT-OF-WAY .41 (BOOK 1055 PAGE 192) 40' RIGHT-OF-WAY 50'X80' (BOOK 1055 PAGE 192) W COMMUNICATION EASEMENT LINE TABLE N TO AMERICAN TELEPHONE C, AND TELEGRAPH LINE BEARING LENGTH COMPANY, INC. o ELECTRIC EASEMENT TO L1 S88'56'52"W 40.00' I PUBLIC SERVICE COMPANY CALCULATED POSITION OF COLORADO L2 N89"01'37"E 9.39' SW COR S18-T2N-R64W (REC. NO. 02093263) _ CURVE TABLE SW COR S18-T2N-R64W CURVE LENGTH RADIUS DELTA CHORD CH BEARING FND #6 RB w/ 2.5" AC STAMPED LS 27269 1998 Cl 607.05' 19630.00' 1'46'19" 607.03' 500'20'58"W WITNESS CORNER RIGHT OF WAY .A._ WELD COUNTY DEPARTMENT ACQUISITION 4a ea. OF PUBLIC WORKS Rw ii \to' � WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20& 22 KUGLER Klyc, Si I:v 11IIR PROJECT NO SRP-26 I"-150' WCR 49 \t[1.1)C OL'N 1 Y.C:(II )RAI ) pi, ,""A ' , ", DATE: -15 DRAAN BY: (DI SHEET 2 01.2 4153578 Pages: 7 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO kg NO:MU Bill EXHIBIT-B 11-KUGLER-TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the North Half of the South Half of the Southwest Quarter (N1/2 S1/2 SW1/4) of Section Eighteen (18), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 18 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 18, being monumentalized by a #6 rebar with a 3 14 diameter aluminum cap stamped 1527269, 2004 at the North end and by a witness monument Thirty (30) feet Easterly of the South end, said witness monument being a #6 rebar with a 2 1/6- diameter aluminum cap stamped tS27269, 1998, as bearing South 00'32'12 East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2624.92 feet, with all other bearings contained herein relative thereto: THENCE North 88'56'52 East along the North line of the Southwest Quarter of said Section 18 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 18; THENCE South 00'32'12 East along said East Right—of—way line a distance of 1312.52 feet to the North line of the North Half of the South Half of the Southwest Quarter (N1/2 S1/2 SW1/4) of said Section 18; THENCE North 89'01'37 East along the North line of the North Half of the South Half of the Southwest Quarter (N1/2 S1/2 SW1/4) of said Section 18 a distance of 9.39 feet to the POINT OF BEGINNING; THENCE continuing North 89'01'37 East along the North line of the North Half of the South Half of the Southwest Quarter (N1/2 S1/2 SW1/4) of said Section 18 a distance of 20.01 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 607.20 feet, said curve having a radius of 19,610.00 feet, a central angle of 01'46'27 and a long chord bearing South 00'21'02 West a distance of 607.18 feet; THENCE South 89'27'48 West a distance of 20.00 feet to said East Right—of—way line, said point being the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East o distance of 607.05 feet to the POINT OF BEGINNING, said curve having a radius of 19,630.00 feet, a central angle of 01'46'19 and a long chord bearing North 00'20'58 East a distance of 607.03 feet; Said strip of land contains 12,143 sq. ft. or 0.279 acres, more or less (±), and may be subject to ony rights—of—way or other easements of record or as now existing on said described strip of land. Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT ,, WELD COUNTY DEPARTMEN T ACQUIS1TlON ��o OF PUBLIC WORKS \III 6.1 WCR49 CORRIDOR PROJECT BETWEEN WCR(s)20& 22 KUGLER hlv( Si Rv Iluh PRCJECT v0 SKI'-26 SCC_E N 11CR-49 11 ELD Lot NI\.(01 ()K �, �. ATE: 2-5-15 DRA V' BY CI)t CdEE' I of? 4153578 Pages: 8 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co �IIIkiranitill till EXHIBIT-B POINT OF COMMENCEMENT Li W 1/4 COR S18-T2N-R64W FND #6 RB W/3.25" AC STAMPED LS 27269 2004 IN MON. BOX co r1 CV Ir \ N POINT OF BEGINNING cn L3 20' TEMPORARY EASEMENT ACQUIRED L2—/1ADDITIONAL RIGHT—OF—WAY 12,143sf.± OR 0.279ac.t NOTICE According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced JOEL D GLORIA more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. N KUGLER 2012) c� PARC.#1 305 1 8000004 NOTE: This exhibit drawing is not intended to be Q 7 a monumentalized land survey. It's sole purposeLe W REC.#2493219 493�1 9 is as a graphic representation to aid in the visualization of the written property description U.. 0 U which It accompanies. The written property description supersedes the exhibit drawing. to i m LINE TABLE N 40' RIGHT—OF—WAY LINE BEARING LENGTH BOOK 1055 PAGE 192) co L1 N88'56'52"E 2431.45' 40' RIGHT—OF—WAY C" 50'X80' (BOOK 1055 PAGE 192) COMMUNICATION EASEMENT L2 N89'02'01"E 9.39' 1,1 TO AMERICAN TELEPHONE AND L3 S89'02'01"W 20.01' M COMPANY, INC.TELEGRAPH CALCULATED POSITION o ELECTRIC EASEMENT TO L4 N89'27'48"E 20.00' SW COR S18-T2N-R64W - PUBLIC SERVICE COMPANY L4 OF COLORADO CURVE TABLE (REC. NO. 020.9.3263) CURVE LENGTH RADIUS DELTA CHORD CH BEARING SW COR S18-T2N-R64W C1 607.46' 19610.00' 1'46'29" 607.44' NOO'21'03"E END #6 RB W/ 2.5" AC STAMPED LS 27269 1998 C2 607.31' 19630.00' 1'46'21" 607.29' S00'20'59"W WITNESS CORNER WELD COUNTY DEPARTMENT TEMPORARY EASEMENT 4'4191;t- 44P.:.#� OF PUBLIC WORKS ACQUISITION . TE 11 \ ►�. WCR 9 CORRIDOR PROJECT BETWEEN WCR(s)20& 22 KUGLER Kl\(, Si I6 1OI0 PEO.ECT N.:_ SRI'-2f SCA, E 1" I5ll' CR-19 01 N I 1_POI ORADO DATE 2-5-15 DRAbVN BY. (DI_ EET 'ul ' 4153578 Pages: 9 of' 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO gill M«��1'�rI'1��I�?+.�il��I� ii�l�Sf'Ml4Y�1A1�1�11 VIII Hello