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Home My WebLink About20100098 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BARBARA CALKINS TRUST 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 13 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 Barbara Calkins Trust, 13905 Berry Road, Golden, Colorado 80401-1519, 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 13 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 Barbara Calkins Trust 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 13th day of January, A.D., 2010. E�'�� BOARD OF COUNTY COMMISSIONERS a WELD COUNTY, COLORADO ATTEST: � �•� Lv .!""��_ Z �. - �. ou I. s Radem- er, Ch. it Weld County Clerk to the • "rbara Kirkmeyer, P o-Tern B : /Lb r¢e Deput4 Clerk to the :oard J Sean F y AP14ttorn RM: � F. Garcia ey u David E. Long Date of signature: '�I511v 2010-0098 L' , ��:J �� EG0062 MEMORANDUM TO: Clerk to the Board DATE: January 7, 2010 FROM: Leon Sievers, Public Works Department COLORADO SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to WCR 13 with Barbara U. Calkins Trust dated December 31, 2009. Enclosure M JFrancie'vend-Leondoc h _ Cl I �^ CC) N 2010-0098 061 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN BARBARA U. CALKINS TRUST AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of Derp vi16$r,2009,by and between Barbara U. Calkins Trust, whose address is 13905 Berry Road, Golden, Colorado 80401-1519, 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 10`h Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, 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"-Right of Way attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Four Thousand Nine Hundred Sixty Eight and no/100 ($4968.00) dollars. 2. Owner agrees to grant the Right-of-Way to Larimer 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 1111111111111111111111 11 1111111111111111111111111 II 3672061 01/26/2010 11:01A Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder at'/G - 1Wd 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. Owner agrees to grant a Permanent Easement to Kerr-McGee(Anadarko-Midstream) over and across that property described in Exhibit "A"-Kerr-McGee Easement. County will reimburse the Owner the sum of Two Thousand One Hundred Twenty Four and no/100 ($2124.00) dollars for the execution of this Grant of Permanent Easement. 9. County agrees to reimburse the Owner Eight Thousand Seven Hundred Fifteen and no/100 ($8715.00) dollars for the Owner to remove and replace an existing fence. Owner agrees to remove the existing fence prior to the beginning of construction. 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. Page 2 of 3 Pages HUM 11111111111liii liii 1111111111111 III 11111 3672061 01/26/2010 11:01A Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: BARBARA U. CALKINS TRUST Barbara U. Calkins, Trustee ATTEST: / - � BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF E llsa COLORADO Weld County Clerk to y'- B: , ,rp x1861 1.4%mat By: /�:y!// i , �.��.; /1.iT>�v'•:� BY. tra �cXea Deputy Cle Ito the Bo"* / Dou as Rad?coacher, Chair 1/13/2010 Page 3 of 3 Pages 1111111 111111111111111 111111111111 11111 III I1I1I 1III llll 3672061 01/26/2010 11:01A Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder (9.0/0 -oo EXI-IIBIT-A NE 1/4 S24-T5N-R68W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, SAID PARCEL BEING A PORTION THAT DEED FILED IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 99024589 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 13.00 FEET OF THE EAST 43.00 FEET OF THE NORTH 1207.20 FEET OF THE SOUTH 1266.01 FEET AND THE WEST 40.00 FEET OF THE EAST 70.00 FEET OF THE SOUTH 58.81 FEET. SAID PARCEL CONTAINS 18,046.1 sf. OR 0.414 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO. 111111111111111111111111111111111111111III 11111 1111 1111 3672061 01/26/2010 11:01A Weld County, CO 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY a WELD COUNTY PUBLIC WORKS ACQUISITION4At ' DEPARTMENT WELD COUNTY ROAD 13 PROJECT BARBARA U. CALKINS TRUSTEE wruin a FROM WCR 54 TO HWY 34 SITE- 503 S.LARIMER COUNTY ROAD 1 PROJECT: SCALE: JOHNSTOWN,COLORADO • SRP-13 1"=200' LARIMER COUNTY COLORADO DATE: DRAWN BY: SHEET: NOV. 25,2009 JHB lof 2 EXHIBIT-A NE I/4 S24-T5N-R68W I I I FOUND #6 REBAR W/3 1/4" ALUM. CAP STAMPED LS#17662-1996 I . MP M jI � "w U- EXISTING KERR—McGEE 5 6714 30' PIPELINE ESMT f p#095719000057 )1 4.- RECP.#20090001554 09 0 001 55 4 ,,Pg7' JAN. 12, 2009 �$p1��;at L I EXISTING 60.00' S: 30.00'--E-- .LLB' RIGHT—OF—WAY ? I R I I 4 o . l CAL KINSP k: PARC. #8524000001 0 I L I I w >�f`, r- RECP. #99024589 i ca`Th"jf- 13.00' r�BI NI ADDITIONAL ji:: RIGHT—OF—WAY 18,046.1 sf.± Icvl NAMEI ' PARC. #095719000056 p 11111111111111111Ill II13111111 QUID 11111 IIII IIIj a I i I', 3672061 01/26/2010 11:01A Weld County, CO % b 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder :0I 0 i io: I'zl NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A 0 I ' ITM IS IN ENDED TO ILLUSTRA ENUENTED LAND SURVEY R T EN ATTACHED D SURVEY PLAT. 9 I I W 1/4 PROPERTY DESCRIPTION ONLY. 40.00' .... •• I CALCULATED POSITIO S19-T5N-R67W m I � � R FOUND #4 REBAR 1�L p#0957106 R READY MIX W/Y.P.C. LS#12374 EXISTING CVVL%W R P48524000017 I R,aW, P#095719300061 RIGHT-OF-WAY / WELD COUNTY PUBLIC WORKS ACQUISITION itt/e:.TI DEPARTMENT WELD COUNTY ROAD 13 PROJECT BARBARA U. CALKINS TRUSTEE hiDe FROM WCR 54 TO HWY 34 SITE- 503 S.LARIMER COUNTY ROAD I SCALE: JOHNSTOWN,COLORADO SRP-13 1°=200' LARIMER COUNTY COLORADO DATE: DRAWN BY: SHEET: NOV. 25,2009 : JHB 2 of 2 Hello