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Home My WebLink About20132567.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROADS 42 AND 29 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BEN AND PAMELA RAINBOLT 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 Concerning the Purchase of Public Road Right -of -Way for Certain Improvements to County Roads 42 and 29 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 Ben and Pamela Rainbolt, 2008 CR 29, Platteville, Colorado 80651, 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 for Certain Improvements to County Roads 42 and 29 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 Ben and Pamela Rainbolt 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTES Weld County Clerk to the Board Date of signature: SEP 2 6 2013 EXCUSED William F. Garcia, Chair arbara Kirkmeyer(Acting Pdo-Tem WI Jo bg 2013-2567 EG0068 MEMORANDUM TO: Clerk to the Board DATE: September 6, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Public Road Right -of -Way with Ben and Pamela Rainbolt for Certain Improvements to WCRs 42 and 29. One original is attached. M:Francie\AGENDA memos \Agendaleon-3.docx 2013-2567 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 42 AND 29 BETWEEN BEN & PAMELA RAINBOLT AND WELD COUNTY, COLORADO g THIS AGREEMENT is made this // day of 55J0/ , 201,3 by and between Ben & Pamela Rainbolt, whose address is 2008 WCR 29 Platteville, CO 80651, 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 Area"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Roads 42 and 29, 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 RIGHTS AND 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 Five Hundred and no/100 Dollars, ($500.00). 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. 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 to or associated with the Right -of -Way. Agmt for Purchase of ROW-Immed Possession Before Transfer Page 1 3967854 Pages: 1 of 6 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■IIIMlP1FI�tir fl � ti41L MCI:ICI kvi,IIIII ao/3-9S 7 5. Owner shall deliver the fully executed Deed of Dedication to County upon the date of the transfer of title 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, and any past due property taxes, (and interest and penalties thereon), on or before the date of the transfer of title, when Owner delivers the Deed of Dedication 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. COUNTY'S RIGHTS AND 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 the transfer of title. MISCELLANEOUS: 1. Although the date of the transfer of title for the Right -of -Way shall be the date of the delivery of the Deed of Dedication, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, 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 entitle County to utilize said property 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 hefts, executors, administrators, successors, and assigns. Agmt for Purchase of ROW-Immed Possession Before Transfer Page 2 3967854 Pages: 2 of 6 10/02/2013 10:21 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■��F11YIDI Ifilf illsMMAKE.veIWi "Ell 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Ben and Pamela Rai By: / E'_/� _ By: Ben 'bolt Pamela • ainbolt Agmt for Purchase of ROW-Immed Possession Before Transfer 3967854 Pages: 3 of 6 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell UdX i 11.1'! IN Ili till Page 3 BOARD OF COUNTY COMMISSIONERS WELD COMih4TY, COLORADO ATTEST: Weld County Clerk to the Board BY. . Deputy Cler to the Board 3967854 Pages: 4 of 6 10/02/2013 10:21 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■IIIF��1k�h�r'il 'IJ 4t'sP�HP&( I!'4F'd,■IIII Bar ara Kirkmeyer, Acting Ch Erb 2013 Agmt for Purchase of ROW-Immed Possession Before Transfer Page 4 &D/3-a5a7 EXHIBIT -A SW 1/4 S2I-T4N-R66W 396 10/0 Steve ■iii PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION LOT -A OF RECORDED EXEMPTION NO. 1057 -21 -3 -RE -4996 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3695556 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'19'17" WEST A DISTANCE OF 1325.18 FEET TO THE SOUTH ONE -SIXTEENTH CORNER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 66 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'19'17" WEST ALONG THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 51.34 FEET; THENCE DEPARTING SAID LINE NORTH 89'40'43" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29 A DISTANCE OF 30.00 FEET, ALSO BEING A POINT ON THE EXISTING NORTHERLY LINE OF THE FARMERS INDEPENDENT DITCH AND BEING THE POINT OF BEGINNING. THENCE NORTH 00'19'17" WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 33.94 FEET; THENCE SOUTH 45°35'19" EAST TO A POINT ON THE EXISTING NORTHERLY LINE OF THE FARMERS INDEPENDENT DITCH A DISTANCE OF 36.31 FEET; THENCE SOUTH 71'40'07" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 27.12 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 437.75 sf. OR 0.01 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 854 Pages: 5 of 6 2/2013 10:21 AM R Fee:$0.00 Moreno, Clerk and Recorder, Weld County, CO Lilliji?K44rMirllhriKlikAl 1I III RIGHT OF WAY ACQUISTION BEN & PAMELA RAINBOLT 20028 WCR 29 WELD COUNTY, COLORADO •.\\•PpD IRtt/v G :\OP 8 P f, J cP a 23520 ;�osr/De'1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 42 AT WCR 29 INTERSECTION PROJECT PROJECT NO: BR -91 SCALE: DATE: 7-25-13 DRAWN BY: JHB SHEET: 1 oft EXHIBIT -A SW IA A. S21-T4N-R66W EXISTING 60' RIGHT-OF-WAY RD.BK.2/PG.259 APR. 7, 1879 McCLELLAN POC SW CORNER S21-T4N-R66W 2 1/2" ALUM.CAP STAMPED 1995 ALLES LS#9644 IN -\ I MON. BOX MI _ 60.00' o z N - tO Q W m I-- O m m o o m LO N89°40'43"E 30.00' N89°08'38"E 1315.18' STREAR FARMS NE 129 1861 R S 1/16 CORNER 521-T4N-R66W 3 1/4" ALUM. CAP STAMPED McRAE & SHORT LS#7242 -- 1998 ACQUIRED RIGHT—OF—WAY 437.75 sf. OR 0.01 ac. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. EXISTING 60' RIGHT-OF-WAY RD.8K.2/PG.259 APR. 7, 1879- lW 229 BEN & PAMELA RAINBOLT RECP.#2263265 LOT A/RE-4996 RECP.#3695556 FARMERS INDEPENDENT DITCH WIEDEMAN 193/2/4 42 }4'2EMBEEW W 1/16 CORNER 521—T4N—R66W 3 1/4" ALUM. CAP STAMPED McRAE & SHORT LS#7242 — 2000 IN MON. BOX RIGHT OF WAY ACQUISTION BEN & PAMELA RAINBOLT 2002R WCR 29 3967854 Pages: 6 of 6 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Pill k1/211 WAWA' ie7ii,4wY4ih,"Ill N2LOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 42 AT WCR 29 INTERSECTION PROJECT PROJECT NO: BR -91 SCALE: 1"=50' DATE: 7-25-13 DRAWN BY: JHB SHEET: 2of2 MEMORANDUM TO: Clerk to the Board DATE: October 28, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Consent Agenda Re: Doc # 2013-2567 Deed of Dedication for Public Highway on WCR 29 and WCR 42 Intersection Improvement with Ben and Pamela Rainbolt dated October 21, 2013. One original agreement is attached. MFvncie\AGENDA memos'' gendeLeon-I.docx e 1dk LL/ Y ct/3- a5lo7 DEED OF DEDICATION FOR PUBLIC HIGHWAY THIS DEED, made this 1157- day of (x4- , 2013, between Ben and Pamela Rainbolt, "Grantor" whose legal address is 20028 Weld County Road 29, Platteville, Colorado 80651, 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 in consideration of the sum of Five Hundred and no/100 ($500.00) dollars, 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 Highway, 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 in 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 or associated with said property, except as required to sustain the integrity of the Public Highway A r i Ben F,ai'nbolt, Owner Date Pamela Rainbolt, Owner Date STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this, (Spay of 2013 , by Ben and Pamela Rainbolt, Owners. Witness my hand and official seal. My commission KARRIE THULIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID R 19974013838 pk f1Off1*R810N fxMMO AUOUBT 99 $17 Page I of 2 pages 3976191 Pages: 1 of 4 11/06/2013 10:47 AM R Fee:$0.00 Steve Moreno.. Clerk and Recorder, Weld County, CO ■III �� '� ;1�4' �i,irF,l'�Yti1 M�'�F4ii ii UI II I calf cRSS2 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). Dated this 7 day of ATTEST CLERK TO THE BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD BY: Deputy Cleto the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Avember , 201. COUNTY OF WELD, A BODY ORPORATE AND POLITIC OF THE TE OF COLORADO William F. Garcia, Chair BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD NOV 0 4 2013 The foregoing instrument was acknowledged before me this 98- day of j%uar e 2013 , by William F. Garcia, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. ESTHER E. GESICK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974016478 My COMMISSION EXPIRES SEPT. 29, 2017 My rnmmiccinn avp,rec• e-- sc4;A Notary Public Page 2 of 2 naees 3976191 Pages: 2 of 4 11/06/2013 10:47 RM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO VIIIEirri'Ti+:'II 'ItIIYatirtaiAYrhi?4.'+14,4,111III cav3 - X56 EXHIBIT -A SW 1/4 Sgt-T4N-R66W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION LOT -A OF RECORDED EXEMPTION NO. 1057 -21 -3 -RE -4996 FILED tN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3695556 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'19'17" WEST A DISTANCE OF 1325A8 FEET TO THE SOUTH ONE -SIXTEENTH CORNER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 66 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'19'17" WEST ALONG THE WEST LJNE OF SAID SOUTHWEST ONE-QUANIER A DISTANCE OF 51.34 FEET; THENCE DEPARTING SAID LINE NORTH 89'40'43" FAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29 A DISTANCE OF 30.00 FEET, ALSO BEING A POINT ON THE EXISTING NORTHERLY LINE OF THE FARMERS INDEPENDENT DITCH AND BEING THE POINT OF BEGINNING. THENCE NORTH 00'19'17" WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 33.94 FEET; THENCE SOUTH 45'35'19" EAST TO A POINT ON THE EXISTING NORTHERLY LINE OF THE FARMERS INDEPENDENT DITCH A DISTANCE OF 36.31 FEET; THENCE SOUTH 71'40'07" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 27.12 FEET TO THE p01 OF BEGINNING. SAID PARCEL CONTAINS 437.75 sf. OR 0.01 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS. RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 3967854 Pages: 5 of 6 10/02/2013 10:21 PM R Fee:$0.00 Stave Moreno, Clerk and R000rder, Weld County, CO �1�11��11 are tih++� L4iOhJ/AtidNirAiNiiilY4•1Fi li III RIGHT OF WAY ACQUISTION BEN & PAMELA RAIINBOLT 20028 WCR 29 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 42 AT WCR 29 INTERSECTION PROJECT PROJECT NO: BRAT SCALE: DATE: 7-25-13 DRAWN BY: JIM SHEET: I of2 3976191 Pages: 3 of 4 11/06/2013 10:47 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII P.M I'Pillultle, 10111 EXHIBIT -A SW I/4 S21-T4N-R66W EXISTING 60' RIGHT—OF—WAY RD.BK.2/PG.259 APR. 7, 1879 McCLELLAN jrnd POC SW CORNER S21—T4N—R66W 2 1/2" ALUM.CAP STAMPED 1995 ALLES LS49644 IN MON. BOX STREAR FARMS ,3$ ;A 60 M 0' I S 1/16 CORNER 521—T4N—R66W 3 1/4" ALUM. CAP STAMPED McRAE & SHORT LS#7242 -- 1998 ACQUIRED RIGHT—OF—WAY 437.75 sf. OR 0.01 cc. NOTE: THIS EXHIBff MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. EXISTING 60' RIGHT-OF-WAY RD.BK.2/PG.259 APR. 7, 1879 N 89'40'43"E 30.00' N89'08'38"E 1315.18' 42 zo p =v ti -1 1.443 'imrnnrlt; BEN & PAMELA RAINBOLT 20028 WCR 29 3967854 Pages: 6 of 6 10/02/2013 10:21 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ofli M��.rN�4G'��dIY 4 sk'I ti1�'411/2M N.1411.7,1,4 lid "Ill VIII I�!�1R iTWi'LI '149��4� t#C'�NJiCLK+�r14w �,'Y4'b 11111 GOUN1TY SW1/4 BEN & PAMELA RAINBOLT RECP.#2263265 LOT A/RE-4996 RECP43695556 FARMERS INDEPENDENT DITCH WIEDEMAN J W 1/16 CORNER 521—T4N—R66W 3 1/4" ALUM. CAP STAMPED McRAE & SHORT LS47242 — 2000 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 42 AT WCR 29 INTERSECTION PROJECT PROJECT NO: BR -91 SCALE: 1"=50' DATE: 7-25-13 DRAWN BY: JHB SHEET: 2 of 2 3976191 Pages: 4 of 4 11/06/2013 10:47 AM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld County, CO Hello