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Home My WebLink About20130760.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 1 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - TESTAMENTARY FAMILY TRUST OF OLNA MARET BOYD AND JAMES BOYD, JR. 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, on March 20, 2013, the Board was presented with an Agreement Concerning the Purchase of Right -of -Way for Certain Improvements to County Road 1 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 Testamentary Family Trust of Olna Maret Boyd and James Boyd, Jr., 151 State Highway 66, Longmont, Colorado 80504, with terms and conditions being as stated in said agreement, and WHEREAS, the Board deemed 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 Right -of -Way for Certain Improvements to County Road 1 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 Testamentary Family Trust of Olna Maret Boyd and James Boyd, Jr., 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. C.G'. `L' .3b1 2013-0760 EG0068 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 1 - TESTAMENTARY FAMILY TRUST OF OLNA MARET BOYD AND JAMES BOYD, JR. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of March, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD Tt COLORADO ATTEST:e Nu_ IM t Weld County Clerk to the Board BY: Deputy Clerk AP County Attorney William Garcia, Chair Date of signaturMAR 2 7 2013 Doug Tas�.ademac-hLr, Pro -Tern c Sean P. Conway C. 2013-0760 EG0068 MEMORANDUM TO: Clerk to the Board DATE: March 15, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Public Road Right -of -Way for Certain Improvements to WCR 1 with the Testamentary Family Trust of Olna Maret Boyd and James Boyd. pc: David Bauer, Director of Public Works Wayne Howard, County Engineer M.Wraneie\AgendaLeon-I docx 2013-0760 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 1, BETWEEN TESTAMENTARY FAMILY TRUST UNDER THE WILL OF OLNA MARET BOYD AND JAMES BOYD, JR. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of , 201, by and between the Testamentary Family Trust under the Will of Olna Maret Boyd and James Boyd, Jr., whose address is 151 State highway 66, Longmont, Colorado 80504, 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 described in the attached Exhibit "A" (hereinafter referred to as "Public Road Right -of -Way"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 1, 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, Owner wishes to cooperate with County in said Road Improvement Project. NOW, THEREFORE, the parties herein agree as follows: OWNER'S RESPONSIBILITIES: 1. Owner agrees to sell 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 Three Thousand Nine Hundred Ninety and no/100 Dollars, ($3990.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and will defend title thereto against all claims. 3. Owner agrees to grant the Public Road Right -of -Way to County by Deed of Dedication, free and clear of all liens and encumbrances, except existing easements. Agmt for Purchase of ROW -Possession Following Closing Page 1 3920626 Pages: 1 of 5 03/29/2013 09:00 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, Co IJ I III III t1/�- flloOJ 4. Owner shall retain the mineral estate under the Public Road Public Road Right- of - Way, including all oil and gas interests, and shall also retain any water rights currently attached or associated with the Right -of -Way. 5. Owner shall deliver the fully executed Deed of Dedication, to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 6. Owner shall pay any encumbrance associated with the Public Road Right -of -Way which is required to be paid, including, but not limited to, a prorated amount of the property taxes, any past due property taxes (and interest and penalties thereon) on or before the date of Owner's delivery of the Deed of Dedication to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security interest in the Public Road Right -of -Way. 7. Owner hereby releases County from any and all claims for damages or compensation arising from use of the Public Road Right -of -Way, which Owner is transferring specifically for use as a public highway or right -of way. COUNTY'S RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of -Way. 2. County shall pay all fees associated with recording the Deed of Dedication. 3. The parties agree that County shall pay Owner for the Public Road Right -of -Way by County warrant at the date of closing. MISCELLANEOUS 1. Upon following the closing, County, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Public Road Right -of -Way for the purpose 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 such Public Road Right -of -Way as may be useful and necessary. 2. This Agreement and the transfer of the Public Road Right -of -Way 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 Agmt for Purchase of ROW -Possession Following Closing Page 2 3920626 Pages: 2 of 5 03/29/2013 09:00 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County: CO ®III Rf'ii ��11�1JIRif'I7 ��e1Y�iI�iTY�9",�k�Chr Piklt ijy ®IIII assigns. 3. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than 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. 4. 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. 5. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. James Boyd, Jr. ATTEST o Weld County Jerk to the Board By: Deputy Clerk to Testamentary Family Trust under the Will of Olna Maret Boyd By: Title: Owner BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: (Al Williameta, Chair MAR 2 0 2013 Agmt for Purchase of ROW -Possession Following Closing 3920626 Pages: 3 of 5 03/29/2013 09:00 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Page 3 MsrdraDdIrlitailV; aI FAG 1t:4IF'PhIIWrJ,11 III avi3- d 7 0 Page 2 of 3 SHE 066A-003 RW-4 EXHIBIT "A" PROJECT CODE: 18787 PROJECT NUMBER: SHE 066A-003 PARCEL NUMBER: RW-4 DATE: JULY 30, 2012 LEGAL DESCRIPTION A strip or parcel of land No. RW-4 of the Depattwent of Transportation, State of Colorado, Project Code 18787, Project Number SHE 066A-003, containing 6082 square feet (0.140 acres), more or less, in the SW'A of Section 19, Township 3 North, Range 68 West, of the 6th Principal Meridian, Weld County, Colorado, said strip or parcel being more particularly described as follows: Commencing at the Section Corner common to Sections 24 and 25, Township 3 North, Range 69 West and Sections 19 and 30, Township 3 North, Range 68 West, a 2" alloy cap stamped accordingly by PLS 23032 and dated 1995, whence the'/ Corner common to Sections 19 and 30, T3N, R68W, a 2" brass cap stamped accordingly by PLS 23500 and dated 1995, bears North 89°32'12" East, a distance of 2587.85 feet; Thence North 10°43'22" Ra.Ct, a distance of 156.24 feet to a point on the northerly line of that parcel of land conveyed to the Colorado Department of Highways per Book 1553 at Page 498 of the Weld County Records, said point also lying on the east Right -of -Way line of East County Line Road, .said point being the POINT OF BEGINNING; 1. Thence departing said northerly line North 00°20'51" West along said east Right -of - Way line of East County Line Road, 309.57 feet; 2. Thence departing said east Right -of -Way line North 89°35'15" East, 18.88 feet; 3. Thence South 00°24'45" East 328.68 feet to a point on the northerly line of said parcel of land conveyed to the Colorado Department of Highways 4. Thence North 45°35'21" West along said northerly line, a distance of 27.11 feet to the POINT OF BEGINNING. The above described parcel contains 6082 square feet (0.140 acres), more or less. 3920626 Pages: 4 of 5 03/29/2013 09:00 AM R Fee:$0.00 Steve "'orenc, C1e^k and Recorder, :e1d County, CO ,III �i��'i ��l#�,�4r I,:`J �i '• N.1 tr<�?�K�'i� M �u �i�� ®III r a ' r Page 3 of 3 SHE 066A-003 RW-4 Basis of Bearings: All bearings are based on the "State Plane" grid bearing from the Section Corner common to Sections 24 and 25, Township 3 North, Range 69 West and Sections 19 and 30, Township 3 North, Range 68 West, a 2" alloy cap stamped accordingly by PLS 23032 and dated 1995 to the % Corner common to Sections 19 and 30, T3N, R68W, a 2" brass cap stamped accordingly by PLS 23500 and dated 1995; that bearing being North 89°32'12" East. For and on behalf of Boulder Land Consultants, Inc. Jason Emery PLS #20134 5690 Valmont Road Boulder, CO 80301 3920626 Pages: 5 of 5 03/29/2013 09:00 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III !�!��P�l'� �� 1�h�', '!' �, �� aV11 f ,��; �,�11111 BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Agreement for Purchase of ROW on the State Highway 66 and Weld County Road 1 Intersection Improvement Project. DEPARTMENT: WELD COUNTY PUBLIC WORKS DEPARTMENT DATE: March 2, 2013 PERSON REQUESTING: Dave Bauer, Public Works Director, Wayne Howard, County Engineer, Leon Sievers, Right of Way Agent Brief description of the problem/issue: We are acquiring 6082 sf. (0.14ac) of Right of Way from James Boyd for our joint intersection improvement project with the City of Longmont, Boulder County, and CDOT. The project is being administered by the City of Longmont with Boulder County purchasing the necessary additional right of way on their side of the County line. This project is using CDOT funding and therefore has CDOT oversight. We initially offered $2,800.00 for this parcel, which is the same amount per acre that was offered and accepted on Boulder County's side of the project. Comparables in the area are heavily influenced by the proximity to the City of Longmont and Highway access. Since this is a federally funded project, the amount being offered by Boulder County and Weld County was approved by CDOT. Mr. Boyd made a counter offer of $3,990.00. Since the project is going to be bid shortly and the landowner is currently in the hospital, I agreed with his counteroffer, CDOT concurred and I now have an agreement signed by the landowner. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Accept the value listed above and have staff present this to the Board at an upcoming Board meeting or schedule a work session to discuss further. The project is scheduled to advertise for construction within the next few months. Recommendation to the Board: Since the total amount to the landowner is a small amount and the project will be bid out soon, the Department recommends accepting the amount offered. William F. Garcia, Chair Douglas Rademacher, Pro-Tem Sean P. Conway Mike Freeman Barbara Kirkmeyer Approve Schedule Recommendation Work Session Attachments: compensation worksheet ,rG Comments OFFER OF FAIR MARKET VALUE Testamentary Family Trust under the Will of Olna Maret Boyd and James Boyd, Jr Date: January 21, 2013 Assessor Parcel #: 120719000015 Owner: Jim Boyd Project Code: 18787 Parcel No. : RW-4 Project No.: SHE 066A-003 Location: Weld County Name: Colorado State Highway 66 Improvements at County Line Road COMPENSATION WORK SHEET LAND: $ 3990.00 6082 sf (0.140 ac) total @ $ 0.656/sf ($28,500.00/ac) = $3990.00 TEMPORARY EASEMENT: NA PERMANENT EASEMENT: NA IMPROVEMENTS: NA DAMAGES: NA LESS BENEFITS (CREDIT): NA TOTAL COMPENSATION: $3990.00 MEMORANDUM NTH'; TO: Clerk to the Board DATE: April 11, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda RE: doc # 2013-0760 Deed of Dedication for Public Road Right-of-way with Testamentary Family Trust under Will of Olna Maret Boyd and James Boyd, Jr., Grantor in the amount of $3,990.00. M:\Francie\AgendaLeon- I docx cc c RA) CE.R I TT/ Onyo taft@i1co ACV3-676O wqieg w ti DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY a THIS DEED, made this /7 day of 4,1: // , 2013, between Testamentary Family Trust under the Will of Olna Maret Boyd and James Boyd, Jr., "Grantor" whose legal address is 151 State Highway 66, Longmont, Colorado 80504, and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and inconsideration of the sum of Three Thousand, Nine Hundred Ninety Dollars and no/100 ($3,990.00) the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of -Way, free and clear of all liens and encumbrances and warrants title to that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown if the attached Exhibit "A" EXCEPTING existing easements of record, and RESERVING unto Grantors 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 Public Highway. Testentary Family Trust under the J s Boyd, Jr., Owner Will of Olna Maret Boys, Owner STATE OF COLORADO ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I i day of Icf 0-tV- 2013 , by Testamentary Family Trust under the Will of Olna Maret Boyd and James Boyd, Jr, Owners. Witness my hand and official seal. ti My commission expires: // Notary Public LEON W. SIEVERS NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES XPIRES AUGUST 8, 2013 r Deed of Dedication 4260556 Pages: 1 of 4 12/09/2016 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 14 JP11 ,4I IVIII.Mili) !Milt Nifil4k NA II H Page 1 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 dedication of property as a Public Highway (Public Right -of -Way), pursuant to Colorado Revised Statute 43-2-201(1)(a). rt Dated this / 7 —day of ATTEST: Weld County Clerk to the Bo. d BY. . Deputy Cler to the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) ,2013 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 7 Chair APR 1 7 2013 The foregoing instrument was acknowledged before me this /O,day day of 2013 , by William F. Garcia, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. eddl Notary Public My commission expires: 9-79-.2v43 Deed of Dedication Page 2 4260556 Pages: 2 of 4 12/09/2016 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii l��1N Yrs1�L 'IJ4� Li l�N I'�l4�I 'L Yoh II II e)45 -O'2 D Page 2 of 3 SHE 066A-003 RW-4 EXHIBIT "A" PROJECT CODE: 18787 PROJECT NUMBER: SHE 066A-003 PARCEL NUMBER: RW-4 DATE: JULY 30, 2012 LEGAL DESCRIPTION A strip or parcel of land No. RW-4 of the Department of Transportation, State of Colorado, Project Code 18787, Project Number SHE 066A-003, containing 6082 square feet (0.140 acres), more or less, in the SW% of Section 19, Township 3 North, Range 68 West, of the 6th Principal Meridian, Weld County, Colorado, said strip or parcel being more particularly described as follows: Commencing at the Section Corner common to Sections 24 and 25, Township 3 North, Range 69 West and Sections 19 and 30, Township 3 North, Range 68 West, a 2" alloy cap stamped accordingly by PLS 23032 and dated 1995, whence the % Corner common to Sections 19 and 30, T3N, R68W, a 2" brass cap stamped accordingly by PLS 23500 and dated 1995, bears North 89°32'12" East, a distance of 2587.85 feet; Thence North 10°43'22" East, a distance of 156.24 feet to a point on the northerly line of that parcel of land conveyed to the Colorado Department of Highways per Book 1553 at Page 498 of the Weld County Records, said point also lying on the east Right -of -Way line of East County Line Road, said point being the POINT OF BEGINNING; 1. Thence departing said northerly line North 00°20'51" West along said east Right -of - Way line of East County Line Road, 309.57 feet; 2. Thence departing said east Right -of -Way line North 89°35'15" East, 18.88 feet; 3. Thence South 00°24'45" East 328.68 feet to a point on the northerly line of said parcel of land conveyed to the Colorado Depaituuent of Highways 4. Thence North 45°3 521" West along said northerly line, a distance of 27.11 feet to the POINT OF BEGINNING. The above described parcel contains 6082 square feet (0.140 acres), more or less, 4260556 Pages: 3 of 4 12/09/2016 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII INFJECNIII4C141f 4+1 K I G IN aI t *Ihn1I II Page 3 of 3 SHE 066A-003 RW-4 Basis of Bearings: All bearings are based on the "State Plane" grid bearing from the Section Corner common to Sections 24 and 25, Township 3 North, Range 69 West and Sections 19 and 30, Township 3 North, Range 68 West, a 2" alloy cap stamped accordingly by PLS 23032 and dated 1995 to the I/ Corner common to Sections 19 and 30, T3N, R68W, a 2" brass cap stamped accordingly by PLS 23500 and dated 1995; that bearing being North 89°32' 12" East. For and on behalf of Boulder Land Consultants, Inc. Jason Emery PLS #20134 5690 Valmont Road Boulder, CO 80301 4260556 Pages: 4 of 4 12/09/2016 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO fill L'I It'al tlif Ai d ill Hello