HomeMy WebLinkAbout20141569.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVMENTS TO
COUNTY ROAD 49 EXTENSION PROJECT AND AUTHORIZE CHAIR TO SIGN -
CITY OF GREELEY
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 Certain Improvements to
County Road 49 Extension 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 the City of Greeley, 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 Certain Improvements to County Road 49 Extension
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 the City of
Greeley, 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 28th day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
\�/ELD COUNTY, COLORADO
dace,/ c? a�`
� � �
3
ATTEST:
C/ ;okD las Radema er, Chair
Weld County Clerk to the Board
Y Barbara Kirk eyer, o-Tem
nq
BY: 4_,(noQn .)-Eah$ie v T
De 4Ity Clerk to the Bo>a
Sean P. Conway
A. . . �91ED . : RM: �oo
Ike
C.-'ry Attorney —
�'l�l"
am F. Garcia
Date of signature: C>? 7 ' " ¶1 ) — lam.-'. FW (Lc1 e)
®D' Lehi 20EG0070
MEMORANDUM
TO: Clerk to the Board DATE: May 23, 2014
couNrY
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement
for Certain Improvements to WCR 49 Extension Project with the City of Greeley.
Enclosures
N:UnndNGENDA memodAyend 1 eon.doc
2019 —15O
E6 0ORD
COMPENSATION WORK SHEET
Date: March 7, 2013
Assessor Parcel #s: 096111000048
Owner: City of Greeley, a Municipal Corporation of the State of Colorado
Project: WCR 49 corridor project
LAND: $ 58,089.00
Based on an appraisal report prepared by Messick Bowes
Acquisition of 11.39 acres @ $5,100/ac= $58,089.00
PERMANENT EASEMENT: NA
TEMPORARY EASEMENT: S 326.00
Based on an appraisal report prepared by Messick Bowes
Acquisition of 0.32 acres @ $5,100/ac @ 10% = $163.00 x 2 yrs. = $326.00
DAMAGES/COST TO CURE: N/A
TOTAL COMPENSATION: $58,415.00
•
EXHIBIT-A SE I/4 SII-T5N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE
65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A
PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
BOOK-848/RECEPTION NO. 1769869 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST AND
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH UNE OF SAID SOUTHEAST
ONE-QUARTER AS BEARING SOUTH 88'42'33" WEST A DISTANCE OF 2639.46 FEET TO THE CENTER
ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 88'42'33" WEST ALONG THE NORTHERLY LINE OF SAID SOUTHEAST ONE-QUARTER TO THE A
DISTANCE OF 324.36 FEET;
THENCE DEPARTING SAID NORTHERLY LINE SOUTH 01'17'28" EAST TO THE EXISTING SOUTHERLY RIGHT-OF-WAY
LINE OF HOLLY AVENUE A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING
THENCE SOUTH 00'15'03" EAST ALONG THE EASTERLY LINE OF SAID PARCEL TO A POINT ON THE EXISTING
NORTHERLY RIGHT-OF-WAY LINE OF EAST 18th STREET A DISTANCE OF 1256.22 FEET; SAID POINT BEING A
POINT OF A NON-TANGENT CURVE TO THE LEFT;
THENCE ALONG SAID RIGHT-OF-WAY LINE 112.93 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS
838.11 FEEL CENTRAL ANGLE IS 7'43'13" AND WHOSE CHORD BEARS NORTH 83'44'08" WEST A DISTANCE OF
112.84 FEET;
THENCE SOUTH 88'24'24" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 232.54 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 02'02'24" WEST A DISTANCE OF 10.00 FEET;
THENCE NORTH 65'43'01" EAST A DISTANCE OF 121.45 FEEL
THENCE NORTH 43'41'04" EAST A DISTANCE OF 57.05 FEET;
THENCE NORTH 03'32'00" WEST A DISTANCE OF 52.68 FEET TO A POINT OF A NON-TANGENT CURVE TO THE
RIGHT;
THENCE 1165.40 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS
58'49'49" AND WHOSE CHORD BEARS NORTH 12'55'35" WEST TO THE EXISTING SOUTHERLY RIGHT-OF-WAY
LINE OF HOLLY AVENUE A DISTANCE OF 1114.88 FEET;
THENCE NORTH 88'42'33" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 442.12 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 495,978.58 sf. OR 11.39 ac. MORE OR LESS.
(11+1 g
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT S
, IN AND
FOR WELD COUNTY, COLORADO.
23520
LEON W. SIEVERS p '-i-
PLS 23520 %r,, A( LOP ''o`‘
1}
��R111110
RIGHT OF WAY WELD COUNTY DEPARTMENT
ACQUISITION >g6 s OF PUBLIC WORKS
WCR 49 EXTENSION
I, r PROJECT
GREELEY 1 � PROJECT NO: SRP-23 SCALE
WELD COUNTY,COLORADO c Q u T
DATE. 2-28-14 DRAWN BY. DILH SHEET: lof2
EXHIBIT-A SE 1/4 SII-T5N-R65W
/ i
R P.O.C.
k NYKAMP I)PG FARMS S11_/T5N-R65W
FND 2 1/2' A.C.
SNP. LS#23501
324.3fi' 41
1
_ - _BASIS OF HEARING __`___.— _—_---�-- -----
�_ HOLLY 588'42'33"W 22639.46' —Li
c1/4 COR N88 42'33"E,� 442.12'
P.O.B.
I I S11-1-5N-R65W
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• B K-848/RI:C P.# [769869 ;' '-..RI�r-gF—wAY `:' �
495,978.58 s#.* =111.39 'c,* 0
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LINE TABLE L=1165.4O' xr ar•�.,t..' U
LINE BEARING DISTANCE R=1135.00' i " •":•:!::...•,;' , 9'
Li S01'17'28"E 30.00' X58'49'49" � N ROAD[ht:R
Y I
L2 NO2-O2'24"W 10.00' C6=N12'55'35"W
C=1114.88' r;;:
L3 N43'43'O1"E Wi9,5'' ri,1' ; :•.':
L4 N43'41'O4"E>\ :� �y95 :. : -
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23520 • -•-..:::::4•74)frj t.P: --
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NOTE: THIS EXHIBIT MAP DOES NOT +;"r:;..:;v L=112.93'
REPRESENT A MONUMENTED LAND ` .'
SURVEY OR LAND SURVEY PLAT. R=838.11'
IT IS INTENDED TO ILLUSTRATE THE t` • ,. . X7'43'13"
ATTACHED PROPERTY DESCRIPTION r"` C8=N83'44'08"W
ONLY. \,3 .- C=112.84'
i L2 ~232•,54• f
60' E 18th St S88'24 24'W -' __ --
r APPROX. LOCATION/ _
T MARL Y ao.0K%rc.153 +e BARR
NOV. 16. 1872
RIGHT OF WAY �y WEI.D COUNTY DEPARTMENT
ACQUISITION
' 86 OF PUBLIC WORKS
` 1i ��! �- Ij WCR 49 EXTENSION
f L� -- PROJECT
GREELEY
COUNT Y,COLORADO G oil) N Y c PROJECT NO: SRP-23 SCALE:1"=200'
"=200'
WELD CO ic
DATE: 2-28-I4 DRAWN BY. I)RIIISHEET: 2 oft
EXHIBIT-B SE I/4 SII-T5N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE
65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A
PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
BOOK-848/RECEPTION NO. 1769869 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST AND
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID SOUTHEAST
ONE-QUARTER AS BEARING SOUTH 88'42'33" WEST A DISTANCE OF 2639.46 FEET TO THE CENTER
ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 88'42'33" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF
766.47 FEET;
THENCE DEPARTING SAID NORTH LINE SOUTH 01'17'28" EAST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF HOLLY AVENUE A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING
THENCE 1165.40 FEET ALONG THE ARC OF A NON-TANGENT CURVE WHOSE RADIUS IS 1135.00 FEET, CENTRAL
ANGLE IS 58'49'49" AND WHOSE CHORD BEARS SOUTH 12'55'35" EAST A DISTANCE OF 1114.88 FEET;
THENCE SOUTH 03'32'00" EAST A DISTANCE OF 52.68 FEET;
THENCE SOUTH 43'41'04" WEST A DISTANCE OF 57.05 FEET;
THENCE SOUTH 65'43'01" WEST A DISTANCE OF 121.45 FEEL
THENCE SOUTH 02'02'24" EAST A DISTANCE OF 10.00 FEET;
THENCE SOUTH 88'24'24" WEST A DISTANCE OF 10.00 FEET;
THENCE NORTH 02'02'24" WEST A DISTANCE OF 16.71 FEET;
THENCE NORTH 65'43'01" EAST A DISTANCE OF 126.22 FEET;
THENCE NORTH 43'41'04" EAST A DISTANCE OF 50.74 FEET;
THENCE NORTH 03'32'00" WEST TO A POINT ON A NON—TANGENT CURVE A DISTANCE OF 44.79 FEET;
THENCE 1168.93 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO A POINT ON THE SOUTHERLY
RIGHT—OF—WAY LINE OF HOLLY AVENUE WHOSE RADIUS IS 1145.00 FEET, CENTRAL ANGLE IS 58'29'36" AND
WHOSE CHORD BEARS NORTH 12'55'06" WEST A DISTANCE OF 1118.83 FEET;
THENCE ALONG SAID SOUTHERLY LINE NORTH 88'42'33" EAST A DISTANCE OF 10.50 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 14,070.98 sf. OR 0.32 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SUR YOR IN AND
FOR WELD COUNTY, COLORADO. \\\0111I:flux
vv` WO REG o
Ss`
LEON W. SIEVERS - 23520 N;
PLS 23520 - •
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i ACI IL,gNp1UN�0�"��
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION
WCR 49 EXTENSION
PROJECT
GREELEY ' PROJECT NO: SRP-23 SCALE:
WELD COUNTY,COLORADO -o U l DATE: 2-28-14 DRAWN BY DKII SHEET: 1 oft
EXHIBIT-B SE I/4 SII-T5N-R65W
1
t
NYKAMP DPG FARMS
BASIS OF BEARING L11_ S88_42'33"W 766.47' _ - __
4/ _
S88'42'33"W 2639.46' L1
1/4 COR P.O.C.
I11-T5N-R65W
P.O.B. E 1/4 COR
ND 3 1/4' A.C. S11-T5N-R65W
i R r STRAP. PLS#10855 FRO 2 1/2" A.C.
1 r 2001 STRAP. LS.23501
r Q
r
r 1
r 0
i
i
r'' �/ CITY OF GREELEY 10' TEMPORARY EASEMENT
BK-848/RECP.# 1769869 ACQUIRED 14,070.98 sf.t
OR 0.32 ac.±
LINE TABLE L=1168.93' L=1165.40'
LINE BEARING DISTANCE R=1145.00' R=1135.00'
L1 S01'17'28"E 30.00' 6=58'29'36" 6=-58'49'49"
L2 S03'32'00"E 52.68' CB=N12'55'O6"W CB=N12'55'35"W
L3 S43'41'04"W 57.05' C=1118.83' C=1114.88'
L4 $65'43'01"W 121.45'
L5 S02'02'24"E 10.00' \\\\‘,111IhIllrrr,/ ROADIFER
L6 S88'24'24"W 10.00' _ `��\\ PO,RE /�
L7 NO2'02'24"W 16,71' ,0 `F�`O� vats '�
W.
L8 N65'43'01"E 126.22' Q✓ F O
L9 N43'41'04"E 50.74' v,
L10 NO3'32'00"W 44.79' i 23520
L11 N88'42'33"E 10.50' :: L.V-( -ILO&
/2 -SE 1'4 rrnlll
SII-T5.V-R65W
E
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND r- r
SURVEY OR LAND SURVEY PLAT. N
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION 4,
�
ONLY. 05 4
L7
60' E 18th St L L5
APPROX. LOCARON� - ''--
RDRW
:IK.I PG.153 BARR _ -
MARCY NOV. 18. 1872 _
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION '4...%18i1,4 # OF PUBLIC WORKS
1 1 ! WCR 49 EXTENSION
PROJECT
1. GREELEY - 1] r�. ' PROJECT NO: SRP-23 SCALE:I"=200'
WEL
D COUNTY,COLORADO CO U _
1
DATE. 2-21-I4 DRAWN BY: I)R11 SHEET: 2 of 2
AGREEMENT FOR THE PURCHASE OF
PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 EXTENSION,
BETWEEN THE CITY OF GREELEY, A MUNICIPAL CORPORATION OF THE
STATE OF COLORADO AND WELD COUNTY, COLORADO
is
THIS AGREEMENT is made this$day of /l'lA.c/ ,2014,by and between The City of
Greeley, a Municipal Corporation of the State of Colorado, whose address is 1000 10`h Street,
Greeley, Colorado 80631, 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 real property located in Section 11,Township 5 North, Range 65
West of the 6th P.M.,Weld County, Colorado,as more particularly described in the attached Exhibits
"A" and "B" (hereinafter referred to as "Public Road Right-of-Way"), and
WHEREAS, Owner owns real property located in Section 11,Township 5 North, Range 65
West of the 6`h P.M.,Weld County,Colorado, as more particularly described in the attached Exhibits
"C" and "D" (hereinafter referred to as "Temporary Construction Easement"), and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49
Extension, which will involve said road's realignment and construction, (hereinafter referred to as
"Road Improvement Project"), and
WHEREAS,County requires said Public Road Right-of-Way in order to complete said Road
Improvement Project, and
WHEREAS, County will need said Temporary Construction Easement in order to construct a
fence which is required in conjunction with the Road Improvement Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the adequacy of which is hereby
acknowledged, the parties agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell and County agrees to purchase the Public Road Right-of-Way
shown and described in Exhibits "A" and "B" (copies of which are attached hereto
Agreement for Purchase of ROW Page I
and Temporary Construction Easement
ao/s'—/.567
and incorporated herein by this reference), for the sum of Fifty-Eight Thousand,
Eighty-Nine and no/100 Dollars, ($58,089.00). The parties acknowledge and agree
that said purchase price represents full, fair and valuable consideration.
2. Owner agrees to sell and County agrees to purchase the Temporary Construction
Easement shown and described in Exhibits "C" and "D" (copies of which are
attached hereto and incorporated herein by this reference), for the sum of Three
Hundred,Twenty Six and no/100 Dollars, ($326.00). The parties acknowledge and
agree that said purchase price represents full, fair and valuable consideration.
3 Owner warrants that the City of Greeley is the owner of the Public Road Right-of-
Way and will defend title thereto against all claims asserting a contrary ownership
interest therein, subject to the limitations in Paragraph 5 and the attached Exhibits A
and B.
4. Owner warrants that the City of Greeley is the owner of the Temporary Construction
Easement and will defend title thereto against all claims asserting a contrary
ownership interest therein, subject to the limitations in Paragraph 6 and the attached
Exhibits C and D.
5. Owner agrees to grant the Public Road Right-of-Way to County by Warranty Deed of
Dedication, free and clear of liens and encumbrances except existing easements and
any other matters of public record, including but not limited to, any oil and gas
leases, surface use agreements, and existing structures on the subject property.
6. Owner agrees to grant the Temporary Construction Easement to County, free and
clear of all liens,encumbrances or other possessory claims except existing casements
and any other matters of public record, including but not limited to, oil and gas
leases, surface use agreements, and existing structures on the subject property.
7. Owner shall retain the subsurface mineral estate and any interest appurtenant thereto
associated with the Public Road Right-of-Way and the Temporary Construction
Easement interests. Owner shall also retain any water, water rights, and ditch rights
currently attached to or associated with the Public Road Right-of-Way and
Temporary Construction Easement, including,but not limited to,the three(3)shares
of capital stock in the Delta Irrigation Company and any interests appurtenant thereto.
8. Owner shall deliver the fully executed Public Road Right-of-Way Warranty Deed of
Dedication and Temporary Construction Easement to County at the date of closing,
which shall take place no later than three (3) business days following mutual
execution of this Agreement by Owner and County, and no later than May 23,2014.
9. Owner is solely responsible for the payment of any amounts owed to a third party
Agreement for Purchase of ROW Page 2
and Temporary Construction Easement
holding a security or other ownership interest in the Public Road Right-of-Way and
Temporary Construction Easement.
10. As Owner currently leases the parcel upon which the Public Road Right-of-Way and
the Temporary Construction Easement are located to David Uhrich ("Uhrich"), for
farming purposes, and as Uhrich will incur damages in the amount of Five Thousand
Seven Hundred Thirty and no/100 Dollars ($5,730.00) as a result of the transfer of
the properties described herein, Owner is required to pay said damages to Uhrich.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1 I. County shall 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.
12. County shall pay all fees associated with recording this Agreement, the Temporary
Construction Easement, and the Warranty Deed of Dedication.
13. County shall pay Owner for the Public Road Right-of-Way and Temporary
Construction Easement by County warrants at the date of the transfer of title.
14. County, as a condition of the granting of the Temporary Construction Easement,
covenants and agrees, to the extent practicable, to restore the property described in
Exhibits C and D to its original condition.
15. County shall reimburse Owner by County warrants at the date of the transfer of title
for the damages it must pay to Uhrich, in the amount of Five Thousand Seven
I lundred Thirty and no/100 Dollars ($5,730.00).
16. County specifically acknowledges the existence of the Surface Use Agreement with
Noble Energy, Inc. dated December 19,2007,and further acknowledges and assumes
all duties and obligations imposed by said Surface Use Agreement on County as a
result of the transfer of the affected property from Owner to County.
MISCELLANEOUS:
17. Following the closing, it is expressly agreed by the parties hereto that County, its
contractors, agents, employees and all others deemed necessary by County,shall have
the right to possess and use said Public Road Right-of-Way and Temporary
Construction Easement for the purposes of constructing the Road Improvement
Project and for its daily operation, access and maintenance. This conveyance shall be
deemed to include sufficient land for the construction, operation, access, repair and
maintenance of said project, including the rights of entry upon, passage over, and
deposit of excavated earth, and storage of material and machinery upon the Public
Agreement for Purchase of ROW Page 3
and Temporary Construction Easement
Road Right-of-Way and Temporary Construction Easement as may be useful and
necessary.
18. County shall construct a four-strand barbed wire fence, to be installed along the
western boundary of the Public Road Right-of-Way, as described in Exhibit A
("Fence"). Owner shall be responsible for maintenance of the Fence.
19. 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,
inure to the benefit of, and be enforceable by, the undersigned parties and their
administrators, successors and assigns.
20. No term or condition of this Agreement shall constitute a waiver,express or implied,
of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act, C.R.S. §§24-10-101 et seq., as applicable
now or hereafter amended.
21. The undersigned parties hereby agree that ncither has made nor authorized any
agreement with respect to the subject matter of this Agreement other than as
expressly set forth herein. No oral representation, promise, or consideration different
from the terms contained in this Agreement shall be binding on either party, its
agents or employees.
22. 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 or individual other than the undersigned parties receiving services or
benefits under this Agreement shall be an incidental beneficiary only.
23. This Agreement and the incorporated Warranty Deed of Dedication and Temporary
Construction Easement(Exhibits A through D)embody all agreements between the
undersigned parties hereto, and there are no promises, terns, conditions, or
obligations regarding the subject matter other than as contained therein.
24. This transaction shall be governed by and construed in accordance with the laws of
the State of Colorado.
25. The obligations of the Owner herein arc expressly contingent upon the approval of
this Agreement by the City of Greeley City Council and Water and Sewer Board.
Agreement for Purchase of ROW Page 4
and Temporary Construction Easement
•
IN WITNESS WHEREOF, the parties have set their hands on the day and year set opposite the
signatures below.
CITY OF GREELEY, a Municipal BOARD OF COUNTY COMMISSIONERS
Corporation of the State of Colorado WELD COUNTY, COLORADO
Gc
By: By: Yy L =2—
M yo 40- >n Douglas Rademacher, Chair
MAY 2 8 2014
ATTEST: ATTEST: , s�
By. [3 .��1Jn Yc�1h� By: ? s,! •
La
By:
City C11- "'� aid
Weld County Clerk to the Board rg6v
r ;
APPROVED AS TO LEGAL FORM: ( '
By: • By:49,gailz24
City Attorney
Deputy Clerk to the Board
APPROVE TO SUBSTANCE:
By: -
Cit a
APPROVED AS TO SUFFICIENCY
OF FUNDS:
By: r
Director of Final e th ,a an&
RECOMMENDATION FOR APPROVAL
BY CITY COU (
UNNCIIL:
By:
lUJ�f
Water and Sewer Board Chairman
Agreement for Purchase of ROW Page 5
and Temporary Construction Easement
&O/`*'--/S d
•
RIGHT-OF-WAY WARRANTY DEED OF DEDICATION
This Right-Of-Way Warranty Deed of Dedication is made this �l� day of 312Pi-F
2014,by and between the CITY OF GREELEY, a Municipal Corporation of the State of Colorado, whose
address is 1000 le Street, Greeley, Colorado 80631 ("Grantor"), 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 ("Grantee").
WITNESSETH, that the Grantor, for and in consideration of the sum of"fen Dollars ($10.00),
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm unto the Grantee, a public road right-of-way over a parcel of real property located at 1734 [Folly
Avenue. Greeley in Section 11, Township 5 North, Range 65 West of the 6"' P.M. of Weld County,
Colorado as is more particularly described in Exhibit 13 (a copy of which is attached and incorporated
herein by reference).
TO HAVE AND TO HOLD the same premises above bargained, and described more particularly
in Exhibit B, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its
successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors
and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the
premises conveyed. Grantor also wan-ants that it has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form 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. SUBJECT TO CONDITIONS CONTAINED IN U.S. PATENT
RECORDED IN 13OOK 51, PAGE 287; TO THE RESERVATION CONTAINED IN TILE DEED
RECORDED IN BOOK 12, PAGE 560; TO THE RIGHT-OF-WAY FOR IRRIGATION DITCH AS
PROVIDED FOR IN THE INSTRUMENT RECORDED IN BOOK 212, PAGE 412; "1O THE
RESERVATION OF Y OF ALI. 'I'l1E OIL, GAS. AND OTHER MINERAL RIGHTS TOGETHER
WITH THE RIGHTS OF INGRESS AND EGRESS TO PROSPECT TOR, MINE, DRILL, AND
REMOVE THE SAME AS CONTAINED IN THE DEED RECORDED IN I3OOK 1376,PAGE 439; '1'O
THE RESERVATION OF AN UNDIVIDED 1/4 OF THE OI1„ GAS, AND OTI TER MINERAL RIGHTS
CONTAINED IN TILE DEED RECORDED [N BOOK 1411, PAGE 505; TO RIGHTS-OF-WAY FOR
PUBLIC MCI[WAYS AND TO ANY AND ALL OTHER RIGHTS-OF-WAY AND EASEMENTS,
HOWEVER RECORDED OR OTI IERWISE EVIDENCED, OVER AND ACROSS SAID PREMISES;
ALSO SUBJECT TO ANY AND ALI. OTHER RESTRICTIONS OF PUBLIC RECORD,
INCLUDING RUT NOT LIMITED TO, OIL AND GAS LEASES, SURFACE USE AGREEMENTS,
AND EXISTING PI IYSICAL STRUCTURES;
RESERVING to the Grantor, all oil, gas, hydrocarbons, and minerals and mineral rights of any
kind and character whatsoever. Also reserving to the Grantor all water. water rights, and ditch rights
currently attached to or associated with the property described in Exhibit 13. including but not limited to,
the three (3) shares of capital stock in the Delta Irrigation Company and any interests appurtenant thereto.
The Grantor shall and will warrant and forever defend the above-bargained premises in the quiet
and peaceable possession of the Grantee, its successors and assigns, against all and every person or
persons lawfully claiming the whole or any part thereof, subject to the limitations and reservations made
herein. The singular number shall include the plural, the singular, and the use of any gender shall be
applicable to all genders.
4021505 Pages: 1 of 3
06/05/2014 03:19 PM R Fee:$0.00 Itxhibit A to Agreement for Purchase of ROW
Stevep Moreno, Clerk and Recorder. Weld County. CO
����Ri��1���t��' ■1��V1L�f'LI������lIIiA11�11'ti'�!����4�V�, Ill v And Temporary Construction Easement (Dill Farm)
IN WITNESS WHEREOF, the Grantor has executed this Right-Of-Way Deed on the date
set forth above.
CITY OF GREELEY, COLORADO
By:
M.yor /kr _lnh
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
he foregoin instrument was executed before me thi c ay of`-}�qy�� 2014, by
in his official capacity, for and on behal of the City of
eley, a M 'ci�rporation of the State of Colorado.
Witness my official hand and seal.
Notary Public
L STEPHENS _
Notary My commission expires: — 3 t-I C
State of Colorado
Notary ID 20074004520
M Commission E .ires Jen 31,2015
4021505 Pages: 2 of 3
06/05/2014 03:19 P11 R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
VIII PAC Wa4TGir,r'h+'i1fii,,E1:1 7 ,;JOi{Yl,1 tIII
Exhibit A to Agreement for Purchase of ROW
And Temporary Construction Easement(Dill Farm)
EXHIBIT B
PROPERTY DESCRIPTION FOR PUBLIC ROAD RIGHT-OF-WAY
Commencing at the East one-quarter corner of Section 11, Township 5 North, Range 65 West and
described as shown and is based on a grid bearing of the North Line of said Southeast one-quarter as
bearing South 88"42'33" West a distance of 2639.46 feet to the center one-quarter comer of Section 11,
Township 5 North, Range 65 West also described as shown;
Thence South 88"42'33" West along the Northerly Line of said Southeast one-quarter to a distance of
324.36 feet;
Thence departing said Northerly Line South 01°17'287 East to the existing Southerly Right-Of-Way line
of Holly Avenue a distance of 30.00 feet and being the Point of Beginning.
Thence South 00"15'03" East along the Easterly Line of said Parcel to a point on the existing Northerly
Right-Of-Way line of East 181 Street a distance of 1256.22 feet; said point being a point of a non-tangent
curve to the left;
Thence along said Right-Of-Way line 112.93 feet along the arc of said curve whose radius is 838.11 feet,
central angle is 7'43'13" and whose chord bears North 83"44'08" West a distance of 112.84 feet;
Thence South 88°24'24"West along said Right-Of-Way line a distance of 232.54 feet;
Thence departing said Right-Of-Way line North 02°02'24" West a distance of 10.00 feet;
Thence North 65"43'01" East a distance of 121.45 feet;
Thence North 43"41'04" East a distance of 57.05 feet;
Thence North 03"32'00" West a distance of 52.68 feet to a point of a non-tangent curve to the right;
Thence 1165.40 feet along the arc of said curve whose radius is 1135.00 feet, central angle is 58"4949"
and whose chord hears North 12"55'35" West to the existing Southerly Right-Of-Way line of Holly
Avenue a distance of 1114.88 feet;
Thence North 88°42'33 ' East along said Southerly Right-Of-Way line a distance of 442.12 feet to the
Point of Beginning.
Said Parcel contains 495,978.58 square feet, or 11.39 acres more or less.
4021505 Pages: 3 of 3
06/05/2014 03: 19 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder. Weld County. CO
■���Prare Per,I1CO harLtM t'l 'MIsk:4I?.' II III
Exhibit B to Agreement for Purchase of ROW
And Temporary Construction Easement(Dill Farm)
TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 EXTENSION
This Temporary Construction Easement is made this VW'day of C5Ur4e
2014, by and between, the City of Greeley, a Municipal Corporation of the State of Colorado,
whose address is 1000 10`1i Street, Greeley, Colorado, 80631 ("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 ("County").
Owner, for and in consideration of the sum of Three Hundred, Twenty-Six and no/100
dollars ($326.00) paid by the County to the Owner, the receipt and sufficiency of which is hereby
acknowledged, has sold and conveyed, and by this Temporary Construction Easement does sell,
convey and confirm to the County, its successors and assigns forever, a Temporary Construction
Easement over the property described in Exhibit D attached hereto and incorporated herein by
reference, located in Section 11, Township 5 North, Range 65 West of the 6th P.M., Weld
County, Colorado ("Property"); for the purposes of:
1. Rebuilding and improving the Weld County Road 49 Extension, which will
involve said road's realignment and construction ("Road Improvement Project"),
2. Constructing the Road Improvement Project, and for the daily operation, access,
repair and maintenance thereof, to include the deposit of excavated earth and
storage of material and machinery as maybe useful and necessary,
3. Constructing a four-strand barbed wire fence, to be installed along the western
boundary of the Public Road Right-of-Way, as is more particularly described in
Exhibits A and B.
This Temporary Construction Easement shall commence on May 23, 2014, and shall
expire and be of no further force or effect upon the completion of the Road Improvement Project,
or on May 23, 2016, whichever is earlier.
Owner shall not, during the term of this Temporary Construction Easement, erect or
construct, or allow to he erected or constructed, any building or other structures on the Property
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.
County shall, to the extent practicable, restore the Property to its original condition.
Owner wan-ants and will defend title against all claims asserting a contrary ownership
interest in the Property, except existing easements and any other matters or restrictions of public
record, including but not limited to, oil and gas leases and surface use agreements.
Exhibit C to Agreement for Purchase of ROW
and Temporary Construction Easement(Dill Farm)
a rig-A5,6,57
. r.
CITY OF GREELEY, a Municipal
Corporation of the State of Colorado
By NC—
Mayer PAID"
STATE OF COLORADO )
) ss.
COUNTY OF WELD
��`�The foregoing Temporary Construction Easement was acknowledged before me thi2 day of
2014, by
Witness my hand and official seal.
elababalasSaine
L STEPHENS Notary Public
• ( Notary Public
( State of Colorado
Notary ID 20074004520
( My Commission Expires Jan 31, 2015 My Commission Expires:Exhibit C to Agreement for Purchase of ROW
and Temporary Construction Easement(Dill Farm)
ti
--s
EXHIBIT D
PROPERTY DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
Commencing at the East one-quarter corner of Section 1l, Township 5 North, Range 65 West and
described as shown and is based on a grid bearing of the North Line of said Southeast one-quarter as
bearing South 88°42'33" West a distance of 2639.46 feet to the center one-quarter corner of Section 11,
Township 5 North, Range 65 West also described as shown;
Thence South 88°42'33" West along the Northerly Tine of said Southeast one-quarter to a distance of
766.47 feet;
Thence departing said Northerly Line South 01"17'28" East to the existing Southerly Right-Of-Way line
of Holly Avenue a distance of 30.00 feet and being the Point of Beginning.
Thence 1165.40 feet along the arc of a non-tangent curve whose radius is 1135.00 feet, central angle is
58°49'49"and whose chord bears South 12°55'35" East a distance of 1114.88 feet;
Thence South 03°32'00" East a distance of 52.68 feet;
Thence South 43°41'04"West a distance of 57.05 feet;
Thence South 65°43'01"West a distance of 121.45 feet;
Thence South 02°02'24" East a distance of 10.00 feet;
Thence South 88°24'24" West a distance of 10.00 feet;
Thence North 02°02'24" West a distance of 16.71 feet;
Thence North 65"43'01" East a distance of 126.22 feet;
Thence North 43°41'04" East a distance of 50.74 feet;
Thence North 03"32'00" West to a point on a non-tangent curve a distance of 44.79 feet;
Thence 1168.93 feet along the arc of a non-tangent curve to a point on the Southerly Right-of-Way line of
Holly Avenue whose radius is 1145.00 feet, central angle is 58°29'36" and whose chord bears North
12°55'06"West a distance of 1118.83 feet;
Thence along said Southerly line North 88°42'33" East a distance of 10.50 feet to the Point of Beginnine.
Said Parcel contains 14,070.98 square feet, or 0.32 acres more or less.
Exhibit I)to Agreement for Purchase of ROW
And Temporary Construction Easement(Dill Farm)
Hello