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Home My WebLink About20111036.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 54 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - GEORGE AND ELOISE MAXEY 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 Right-of-Way for Certain Improvements to County Road 54 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 George and Eloise Maxey, 26331 County Road 49, Greeley, Colorado 80631, 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 Right-of-Way for Certain Improvements to County Road 54 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 George and Eloise Maxey 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 25th day of April, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO ADO EllATTEST: .fi r �/ Intbei <--- , t .. 4 arbara Kirkmeyer, hair Weld County Clerk to the Bow:' I � OtiCao Sean P. n , ro-Tem BY: Deputy Clerk to the Board liam . Garcia APPROVES T EXCUSED David E. Long orney c�, � D uglplRadem cher ate of signature: 10/ 2011-1036 5-_S lI EG0064 MEMORANDUM WE`D�• TO: Clerk to the Board DATE: April 20, 2011 FROM: Leon Sievers, Public Works Department COLORADO SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements on WCR 54 with George A. and Eloise J. Maxey for the amount of$500. Attached is one original signed agreement. Enclosures M-'Francie'Agenda-Leon doc 2011-1036 ti AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 54 BETWEEN GEORGE A. MAXEY AND ELOISE J. MAXEY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /it day of,12 cf,L , 2011,by and between George A. Maxey and Eloise J. Maxey, whose address is 26331 WCR 49, 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 915 10th Street. Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 54, and WHEREAS, Owner owns the property described in the attached Exhibit "A" hereinafter referred to collectively as "Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit "A" attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Five Hundred and no/100 ($500.00) dollars. 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances,except existing easements. Owner shall retain the mineral estate under the Right of Way, including oil and gas, and shall also retain any water rights currently attached or associated with the Right of Way. Page 1 of 3 Pages 111111111111111111111111 III 111111111111 III 11111 IIII IIII 3765293 04/28/2011 11:31A Weld County, CO �O//—g3 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 3. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the right of way. County shall pay all fees associated with recording the Deed of Dedication. 4. 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, hereto. 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. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance,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 all of the Right-of-Way for the purpose of said rebuilding and improvement project. Date of payment of compensation is the date of delivery of the Deed of Dedication. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. Owner represents and warrants that all prior general taxes levied have been paid in full by Owner. 8. County will obliterate a portion of the existing WCR 54. County will provide access from the new WCR 54 to the existing field entrance. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. 4« 14 .0 y L? <ZC % Gea/ge A.Maxey, Owner Eloise J. Maxey, Owner Page 2 of 3 Pages 111111111111111111111111 ill 111111111111 III111111111 IIII 3765293 04/28/2011 11:31A Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO / ATTEST: , BY: G4 d / ;� Ve dam Barbara Kirkmey Chair 412 APR 2 5 2011 Weld County Clerk to e Bo alto r O BY: Deputy Cler o the Board 1111111 11111 111111111111 III 111111111111 III 11111 1111 1111 3765293 04/28/2011 11:31A Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 3 of 3 Pages a0i/-M3� EXHIBIT-A SE I/4 S24-T5N-R65W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 24, 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 RECEPTION NO. 1317140 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER AS BEARING NORTH 89'39'20" EAST A DISTANCE OF 2660.26 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 24 ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'39'20" EAST ALONG SAID SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 902.17 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00'20'40" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 54 AND BEING THE POINT OF BEGINNING. THENCE CONTINUING NORTH 00'20'40" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 89'39'20" EAST A DISTANCE OF 330.35 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 90.31 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 406.13 FEET, CENTRAL ANGLE IS 12'44'27" AND WHOSE CHORD BEARS SOUTH 83'58'26" EAST A DISTANCE OF 90.13 FEET TO A POINT ON SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 89'39'20" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 419.92 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,902.41 sf. OR 0.09 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. \Y\\\\11IIIIIi ///� "` 00 RE LEON W. SIEVERS .$' OQ:P " PLS 23520INS/ J (n: 23520 I E. - II-1st- 1111111 IIIII 111111 111111 III 111111 111111 III IIIII IIII IIII � 0Atll�\\\�� 3765293 04/28/2011 11:31A Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder RIGHT-OF-WAY a WELD COUNTY PUBLIC WORKS ACQUISITION f ct DEPARTMENT WELD COUNTY ROADS 54&49 GEORGE&ELOISE MAXEY Ville RE-ROUTE PROJECT 26331 WCR49 PROJECT: SCALE: WELD COUNTY,COLORADO RC-52 1"=300' COLORADO DATE: JAN. 14,2011 DRAWN BY: JHB SHEET: 1 of 2 • EXHIBIT-A SE 1/4 S24-T5N-R65W CORNER r \ S 4-T5N-R65W \ F ND 2-1/2" A.C. • ST PED THE 2006 PLS 3498? vvvv0pDO REG/ iii "., •'•(ya \ mi_ p PE ��i �,W• 8 6 "moo pCAP \ :La o 0-:: = • 23520 • _ *n cl e3 ' --Li-t�, ( Iz 1 GEORGE A. & ELOISE J. MAXEY 30'--: - PARC. #096124000023 RECP. #1317140 I ) I cA ey LINE TABLE L = 90.31' I T 0 cc LI NO0'20'40"W 10.00' R = 406.13' : : t L2 N89'39'20"E 330.35' A = 12'44'27" I : =a' L3 S89'39'20"W 419.92' CB = S83'58'26"E 1 1 ocj C = 90.13 mm 0 2 I •I `W. \C�'� m.d c • : I N___A: 'CAvcc_ m. g ADDITIONAL I 4 Iy4-C�� mm °J I RIGHT-OF-WAY 10 �{r-E �R m 3,902.41 sf. � y bI —1- OR 0.09 act II . -— o ' I Noa 20'ao W 80' PROPOSED 1-o 30.00' RIGHT-OF-WAY--.-! I :-•-- oC I L I I —w P.O.B. 1 00'20'40'W 'NI1 130.00' �v• . ' o: P.O.B. I . Nio m SEE DETAIL I H mim cc �� in 1 1 : 1 �� o : I • ea 1r _mom WELD COUNTY DETAIL-NTS s., h 1 PARG.#096125 looim.2 a1( '.#3655136 P.O.C. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A S 1/4 CORNER -" I r.-EXISTING 60' MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. S24-T5N-R65W III RIGHT-OF-WAY IT IS INTENDED TO ILLUSTRATE THE ATTACHED FOUND 3-1/4" A.C. I : I PROPERTY DESCRIPTION ONLY. STAMPED FREESE ENC. • PLS #4392 - 2000 1 E III RIGHT-OF-WAY \ WELD COUNTY PUBLIC WORKS ACQUISITION rI \ DEPARTMENT 4/6 t 1 WELD COUNTY ROADS 54&49 GEORGE&ELOISE MAXEY 'ilk PROJECT: PROJECT 26331 WCR 49 PROJECT: SCALE: WELD COUNTY,COLORADO RC-52 1"=300' COLORADO DATE: JAN. 14,2011 DRAWN BY: MB SHEET: 2 of 2 r MEMORANDUM WI I k TO: Clerk to the Board DATE: May 24, 2011 FROM: Leon Sievers, Public Works Department COLORADO SUBJECT: Consent Agenda Item Deed of Dedication and Acceptance with George A. and Eloise J. Maxey for WCRs 54 & 49 Re- route Project. Enclosures M 1Francie\Ayende-Leon doe (21z E Z.t ( f JL cL-/ E OV&�l r 996 DEEDOF DEDICATION KNOW ALL MEN BY THESE PRESENTS that George A. Maxey and Eloise J. Maxey, whose address is 26331 Weld County Road 49, Greeley, Colorado 80631,being all of the owners of certain property in Weld County, Colorado,which is described in the attached exhibit"A", do hereby dedicate forever said property as parts of a public highway,pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances, except existing easements, and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil,gas and any and all water rights currently attached or associated with the Right of Way. org A. Maxey, er Eloise J. axey, O r STATE OF COLORADO ) ) ss. COUNTY OF Weld ) The foregoing instrument was acknowledged before me this '2.411-day of 0.4 1t Y ,20 it , by George A. Maxey and Eloise J. Maxey,Owners. Witness my hand and official seal. Notary Public My commission expires: p 8 ,L 6 3 ----wet Po \`, err,,.. .........h i I LEON W. l S 1 SIEVERS = $ r1wr oof l. '1($01% .... C .,: Page 1 of 2 pages I Illlll I'll'IIIIII Illl Illlil Illlll IIIII III IIIII llll I'll 3771996 06/03/2011 12:13P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 Public Rights- of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 1st day of June 20 11 ATTEST: y14"-r- COUNTY OF WELD, A BODY CLERK TO THE BOARD O �` CORPORATE AND POLITIC OF THE COUNTY COMMISSION!? �`- a STATE OF COLORADO THE COUNTY OF WEL L' a iP ttst "s ' /��o • , gicI� �� C BY- .ii a _id � :�.�.��i_l1�.� .i BY: Deputy Cl t0 the Board Sean P. Conway, Chair Pro-Tem BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD JUN 0 12011 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1st day of June 20 11, by Sean P. Conway, Chair BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Pro—Tem s *7• \e' y Witness my hand and of3ciai se 1 NYA / ( DISNEY ��H�. •�o� by 1�t��FO •*, ota otary P My commission expiresMY COMM. EXP. 10-07-2014 Page 2 of 2 page 111111111111111111111111111111111111111111111111111111 3771996 06/03/2011 12:13P Weld County, CO 0//— /0 3(, 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT-A SE 1/4 S24-T5N-R65W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 24, 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 RECEPTION NO. 1317140 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER AS BEARING NORTH 89'39'20" EAST A DISTANCE OF 2660.26 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 24 ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'39'20" EAST ALONG SAID SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 902.17 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00'20'40" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 54 AND BEING THE POINT OF BEGINNING. THENCE CONTINUING NORTH 00'20'40" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 89'39'20" EAST A DISTANCE OF 330.35 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 90.31 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 406.13 FEET, CENTRAL ANGLE IS 12'44'27" AND WHOSE CHORD BEARS SOUTH 83'58'26" EAST A DISTANCE OF 90.13 FEET TO A POINT ON SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 89'39'20" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 419.92 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,902.41 sf. OR 0.09 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. \\\\\11111111 �) \\\ p,00 RE LEON W. SIEVERS \\\ ��P T i�' PLS 23520 ��:r,�ti(S� - • •J 23520 111111 IIIII 111111 IIII 111111111111 11111 Mtn IIII IIII 3771996 06/03/2011 12:13P Weld County, CO iontini11O 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder RIGHT-OF-WAY 6 WELD COUNTY PUBLIC WORKS ACQUISITION 440?"-- DEPARTMENT A7 WELD COUNTY ROADS 54&49 GEORGE&ELOISE MAXEY DC. RE-ROUTE PROJECT 26331 WCR 49 PROJECT: SCALE: WELD COUNTY,COLORADO C. RC-52 1"=300' COLORADO DATE: SHEET: JAN. 14,2011 DRAWN BY: JTIB 1 of 2 EXI-IIBIT-A SE 1/4 S24-T5N-R65W ER \ S ER \ F ND 2-1/2" A.C. ST PED THE 2006 \ PLS 349! ( 8? le \ 11 I I III 1/ * go \ I0 g \.��\\ p%PW:4 s i/il A�^ \ Iw m s F ate/ \ �o� Nw J 23520 - Nr et)v..' 3.-I{'1 I IT �N !,.7, I GEORGE A. & ELOISE J. MAXEY 30' -- - - g PARC. #096124000023 • - d • a RECP. #1317140 I v c LINE TABLE L = 90.31' I . T —.o = LI NO0'20'40"W 10.00' R = 406.13' 171) `o L2 N89'39'20"E 330.35' A = 1744'27" I I • �_�' L3 589'39'20"W 419.92' CB = S83'58'26"E I ,' I d C = 90.13 1 ' - Vl �To ADDITIONAL I I ~`"�>L',� �7o I RIGHT-OF-WAY t0� '- o C I 3,902.41 sf. -N U I OR 0.09 act ry ,-1 • =o0 1 80' PROPOSED ___ No0.20'40'W -o� -30.0o' RIGHT-OF-WAY 1 •I�— (1 I mom up P.O.B. I I 1 130.00040"W = O .- -- P.Q.B. �d j a� SEE DETAIL j I j l I • �I I w1LDCOtv1Y DETAIL-NTS Im I ]•tar.. Aql,,lill,lifilP11 I P.O.C. l I I EXISTING 60' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A S 1/4 CORNER .mi MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. S24-T5N-R65W I I ! RIGHT-OF-WAY IT IS INTENDED TO ILLUSTRATE THE ATTACHED FOUND 3-1/4" A.C. I : I PROPERTY DESCRIPTION ONLY. STAMPED FREESE ENG. PLS #4392 - 2000 I R II RIGHT-OF-WAY �- WELD COUNTY PUBLIC WORKS ACQUISITION DEPARTMENT WELD COUNTY ROADS 54&49 GEORGE&ELOISE MAXEY will PR0JECT RE-ROUTE PROJECT 26331 WCR 49 : SCALE: WELD COUNTY,COLORADO RC-52 1"=300' COLORADO DATE JAN. 14,2011 DRAWN BY: JHB SHEET: 2 of 2 Hello