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Home My WebLink About20100198.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -JAMES WILLITS 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 James Willits Trust, 2905 Valley Oak Drive, Loveland, Colorado 80538, 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 James Willits 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 25th day of January, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: , EL/�` y Doygl Radem her, hair Weld County Clerk tot - �" ° � / `' �(� ` � V r k ,----: �,� arbara Kirkmeye Pro-Tem BY: . , /i • c------' Deputy Clerk to the Bo •z...,,t. 11,k1 A_ ---- Sean P. Con APPROVED AS TO FQRM:" . �C,(/I 2 William F. Garcia' Bounty At 4c EXCUSED David E. Long Date of signature: 1/5//0 2010-0198 EG0062 MEMORANDUM hiDe TO: Clerk to the Board DATE: January 20, 2010 FROM: Leon Sievers, Public Works Department COLORADO SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to WCR 13 with James L. Willits Trust dated January 19, 2010. Enclosure M:AFranue'Agend-Leon doc 2010-0198 748 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN JAMES L. WILLITS TRUST AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /9 fA day of c ,2010,by and between James L. Willits Trust, whose address is 2905 Valley Oak Drive, Loveland, Colorado 80538, 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" 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 111111111111111111IIII111111IIII HIM 11111 �� IIII 3675748 02/12/2010 12:1512 Weld County, CO 0,2,0/0 1 of 5 R 0.00 D 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 agrees to construct a new entrance driveway to the property approximately 100 feet southerly of the Great Western Railroad right of way.oti 4.1 G Z / 3. Atsz 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. James L. Willits Trust �. i6e4C bames L. Willits, Trustee Page 2 of 3 Pages 111111111111111111 IIII 111111 IIII 1111111 III 11111 IIII IIII 3675748 02/12/2010 12:15P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ATTEST: v r eIsil "'!'OARD OF COUNTY COMMISSIONERS , \4. ' /- ELD COUNTY, STATE OF • V RADO Weld County Clerk to the Board I is.t Q5 go � ,� / By: '�,�/�[l' �� 1 1/1 277 1- � " IBYz h 4. , Deput�Clerk to the Boa Douglas Rade acher, Chairman JAN 2 5 2010 Page 3 of 3 Pages 111111111111111111111111111111111111111 III 11111 IIII IIII 3675748 02/12/2010 12:15P Weld County, CO &0/0 —©/9J 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • EXHIBIT-A SW 1/4 S18-T5N-R67W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED OF FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3226983 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER AS BEARING NORTH 00'25'41" EAST A DISTANCE OF 2642.80 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 18 ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'25'41" EAST ALONG SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 30.24 FEET; THENCE SOUTH 89'34'19" EAST A DISTANCE OF 30.00 TO A POINT INTERSECTING THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 56 ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 00'25'41" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 44'48'06" EAST TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 28.17 FEET; THENCE SOUTH 89'58'02" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 200.0 sf. OR 0.005 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 AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON W. SIEVERS \��\`��,PD0'REG/s'i,� PLS 23520 C� ��• W. S/F••TF•ry Neil: �. c 1111111 11111 111111 IIII 111111 1111 1111111 111 11111 Ell IIII "loin �AL LpMD, `' \\ • 3675748 CO un Ac 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder RIGHT-OF-WAY u WELD COUNTY PUBLIC WORKS ACQUISITION At., DEPARTMENT WELD COUNTY ROAD 13 PROJECT JAMES L.WILLITS TRUST Wi`PC FROM WCR 54 TO HWY 34 PROJECT: SCALE: SITE- WELD COUNTY ROAD 13 SRP-13 WELD COUNTY,COLORADO COLORADO DATE: JAN. 11,2010 DRAWN BY: JHB SHEET: 1 of 2 EXHIBIT-A SW I/4 SIB-T5N-R67W I W 1/4 COR. S18—T5N—R67W GA�� • I FOUND #6 REBAR , W/3 1/4" ALUM. CAP se, Jl't,a4r • STAMPED LS#10855-1996 C, 102,1154 C° I I ,Is- coI waifs I N I I PARC. #095718300042 jjj\\\FFFJJJ�� RECP. #3226983 co • W' I o1 - I m I N! I \\\�\\O*p0IREG/SA./11 � o f .%•��'o�W• SiF`•9Fa; • • I I ADDITIONAL 23520 Li 60.00' • RIGHT—OF—WAY EXISTING I— ! 200.0 sf.t 41/2,. 1 —) I —1 0 R.O.W. IS a • S 89'34'19" E o 2S R8"se. �i��////% LektiD•... `\\\\\�.� o m° o .� p .III111 co x ce I 30.00'. d �.s•. Lu I C4 T • 20.00' ' Ars • N POINT OF BEGINNING ' L N 89'58'02" E 2486.24' J ' 'VCR 56 •POINT OF COMMENCEMENT S 1/4 COR. S18-T5N-R67W • SW COR. S18-T5N-R67W FOUND #6 REBAR 7. W 3 1 4" ALUM. CAP CAS. I I FOUND REBAR / / PARC A:8524000001 • W/3 1/4" ALUM. CAP STAMPED KING SURVEYORS I • STAMPED LS#17662-1996 JONES LS#22098 - 1995 I qI • • I L it �{ I I I f" r 1.,E.'«s ,9,7 : I gzitep4s,...:: I • NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A i I MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. • ' IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT-OF-WAY a WELD COUNTY PUBLIC WORKS ACQUISITION DEPARTMENT \111 ir WELD COUNTY ROAD 13 PROJECT JAMES L.WILLITS TRUST gip�• FROM WCR 54 TO HWY 34 SITE- WELD COUNTY ROAD 13 Q PROJECT: SCALE: WELD COUNTY,COLORADO ___ RADO DATE: SRP-13 1"=50' 1 EDI 11111111111111111111111111111111 III 11111 IIII IIII DRAWN BY: SHEET: JAN. 11,2010 JHB 2 of 2 3675748 02/12/2010 12:15P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder MEMORANDUM i4tfrrig C TO: Clerk to the Board DATE: April 15, 2010 FROM: Leon Sievers, Public Works Department COLORADO SUBJECT: Consent Agenda Item Deed of Dedication for improvements to WCR 13 with James L. Willits Trust Enclosure M'Francie'Agenda-Lean doc 'i. 1 J ! i7 ( ! r , --' ,�, r., 994 . DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that James L. Willits Trust, whose address is 2905 Valley Oak Drive, Loveland, Colorado 80538, 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. OWNER: JAMES L. WILLITS TRUST Ja es L. Willits, Trustee STATE OF COLORADO ) ) ss. COUNTY OF GrA-nti ) The foregoing instrument was acknowledged before me this i` day of iri I , 20 1O, by James L. Willits, Trustee of the James L. Willits Trust ff Witness my hand and offi s8$!E•P�Gti sCITARI,I JL, c, ? d ( yr) see ` 1 Notary Public %. Arv®L‘G `$i 1. 4.... ....tit/ My commission expires, pp:• t �r �Nsiip+NC My Commission expires 10/11/2011 Page t of 2 pages 11111MIII1111III11111111X111 3771994 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 °it day of Y / , 20/0 . ATTEST: COUNTY OF WELD, A BODY CLERK TO THE BOARD O c.ci CORPORATE AND POLITIC OF THE COUNTY COMMISSION!4) d a 3 STATE OF COLORADO THE COUNTY OF WEL BY; BY: /� . ' ��!.:�li�a.IL��► .� t A �s1�I<� •'��.� deputy Clerk t. the Board �►� DouglasRademaaher, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD APR 2 12010 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this ?1St day of n Vie 20 , by Douglas Rademacher, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. ",1O�pPY"P is(`it Witness m hand and offs•/al Veal. t y JENNIFER• `: Y �rrN ' VANEG00M /et, u'tf -iLt C/c�d��/�CC!'y� It�\OF C0`�QP�'�o • Publib I JI My commission expires:MY COMMISSION EXPIRES:05192013 I VIII/VIII III III/ /VIII IIIIII VIII III 11111 It /III 3771994 06/03/2011 12:13P Weld County, CO j V) C/2cP 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • EXHIBIT-A • • 1/4 S18 T5N-R67W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED OF FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3226983 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED .AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER AS BEARING NORTH 00'25'41" EAST A DISTANCE OF 2642.80 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 18 ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'25'41" EAST ALONG SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 30.24 FEET; THENCE SOUTH 89'34'19" EAST A DISTANCE OF 30.00 TO A POINT INTERSECTING THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 56 ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 00'25'41" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 44'48'06" EAST TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 28.17 FEET; THENCE SOUTH 89'58'02" WEST ALONG SAID NORTHERLY RIGHT—OF—WAY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 200.0 sf. OR 0.005 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 AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON W. SIEVERS �QQ,pDO IR BASTq� f PLS 23520 �� c.)0\;.*6•4 S�c`Fp J L IIIIIIIIIII <� 23520 • \\ I111111111111111111H111111IIIIIIIIIIIIII11 t„f ... 3771994 06103/2011 12:13P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY u WELD COUNTY PUBLIC WORKS ACQUISITION DEPARTMENT WELD COUNTY ROAD 13 PROJECT JAMES L.WILLITS TRUST vine FROMWCR 54 TO HWY 34 PROJECT: SCALE: SITE- WELD COUNTY ROAD 13 SRP-13 WELD COUNTY,COLORADO COLORADO DATE: JAN. TI,2010 DRAWN BY: JHB SHEET: 1 of 2 • INHIBIT-A II 01/4 SI8-T5N-R67W I W 1/4 COR. 518—T5N—R67W '''d',�i • I FOUND #6 REBAR icr, W/3 1/4" ALUM. CAP , 1l'I.,aOV I STAMPED LS#10855-1996 .,% #""'�ga,atrye\ Ico i WILLITS • Nj I PARC. #095718300042 I • RECP. #3226983 o id p . o I y.l ; ,\\UUIIIUI///// i `PIP%ge a a to! I \`O09*. RE 1/44'o N Ca I o f �tvo�W S/61Ae ; ��?� s � • I ADDITIONAL ' F",, j 60.00' I RIGHT-OF-WAY=1 : 23520 EXISTING �-' 200.0 sf.f I —1 0 y R.O.W. • I IS ' • • -I • � o IS 89'34'19" E bo 26•�� ,',,viii/411111 ``\LAND \\\\\\\ m x° • 30.00'. o >.6'' w • --- -- T20.00' .—..-----•----•• I N POINT OF BEGINNING 1 ._____..N 89'5802" E 2486.24' pp\ R WCR �Py/� J ..—VV Cl�l 5d I I POINT OF COMMENCEMENT S 1/4 COR. S18-75N-R67W • SW COR. 518-T5N-R67W FOUND #6 REBAR CALICAS I I FOUND #6 REBAR W/3 1/4" ALUM. CAP PARC.#8524000001. • I W/3 1/4" ALUM. CAP STAMPED KING SURVEYORS STAMPED LS#17662-1996 JONES LS#22098 - 1995 Ns • I I cn 5719000057 =_-s- 4"- I kI I �,,�� ,b,.. ac NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. �r • • IT IS INTENDED TO ILLUSTRATE THE ATTACHED • PROPERTY DESCRIPTION ONLY. -r S S sr RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS a c ACQUISITION / :Arn\ DEPARTMENT ==c WELD COUNTY ROAD 13 PROJECT 2 JAMES L.WILLITS TRUST "Fmk FROM WCR 54 TO HWY 34 _c PROJECT: SCALE: �C SITE- WELD COUNTY ROAD 13 • WELD COUNTY,COLORADO SRP-13 I°=SOS 1 COLORADO DATE: c JAN. 11,2010 DRAWN BY: MB SHEET: 2 O. Hello