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Home My WebLink About20093162.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - MICHAEL AND SANDRA PALLOTTO 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 Michael and Sandra Pallotto, 26500 County Road 13, Johnstown, Colorado 80534, 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 Michael and Sandra Pallotto 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 7th day of December, A.D., 2009. Weld County Clerk to the BYk be Clerk o; the ounty Attorney APPROVEb AS TO FORM: Z Date of signature: I ?f a/C(± lY David E. Long BOARD OF COUNTY COMMISSIONERS WELD COON , COLORADO liiam F. Garcia, Chair Sean P. Conway Ctittt ra Kirkmeyer 2009-3162 EG0060 MEMORANDUM WIigc. COLORADO TO: Clerk to the Board DATE: December 1, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to WCR 13 with Michael Gene Pallotto and Sandra Christine Pallotto. Enclosure M'Frencie\Agend-Leon doc 2009-3162 1j AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN MICHAEL GENE PALLOTTO AND SANDRA CHRISTINE PALLOTTO AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /0 day of e n%,/2009, by and between Michael Gene Pallotto and Sandra Christine Pallotto, whose address is 26500 Weld County Road 13, Johnstown, Colorado 80534, 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 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 Fifty Two and no/100 ($552.00) 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 111111111111111111 III 111111111111111111 III 11/11111 IIII 3668111 01/04/2010 11:36A Weld County, CO 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 at the location described in Exhibit A. 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. Michael Gene Pallotto, Owner Sandra Christine Pallotto, Owner Page 2 of 3 Pages 1111111111110HO III111111111111111111III1111111111111 3668111 01/04/2010 11:36A Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ATTEST: Weld County Clerk to By BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO BY: Deputy Clerto the Board William F. Garcia, Chairman Page 3 of 3 Pages 11111111111111111 III 111111 111111 111111 III IIIII IIII IIII DEC 0 7 2009 3668111 01/04/2010 11:36A Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder (:(g - 3(49 EXHIBIT -A SW 1/4 S19-T5N-R67W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 19, 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. 2138737 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 40.00 FEET OF THE WEST 70.00' FEET. SAID PARCEL CONTAINS 2,001.9 sf. OR 0.046 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO. 1111111 11111 111111 III 111111 111111 111111 III 11111 IIII IIII 3668111 01104/2010 11:36A Weld County, CO 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY ACQUISITION MICHAEL G. & SANDRA C. PALLOTTO SITE - 26500 WELD COUNTY ROAD 13 WELD COUNTY, COLORADO 44ttr>, Wi1D�. COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 PROJECT FROM WCR 54 TO HWY 34 PROJECT: SRP-13 SCALE: DATE: SEP. 9, 2009 DRAWN BY: JI-IB SHEET: 1Drz EXHIBIT -A SW I/4 SI9-T5N-R67W NE 1/4 S74-75NR68W L4RTAIFR COUNTY 60.00' _ EXISTING R.O.W. 1 C4L[av PARC. ,'8524000001 EXISTING R.O.W. favvD 927Y IsfiX PARC. #8524000017 EXISTING R.O.W. W 1/4 CORNER S19-T-R67W 100.00' I • "E1/4 .7 - ^_M-R68W LARMIER COUNTY • i NW 1/4 SP -7371, -ROW WELD COUNTY .8=1 PARC. #095719000056 ADDITIONAL 40' RIGHT—OF—WAY 2,001.9 sf. OR 0.046 ac.± 14400' i 40.00' MICHAEL G. & SANDRA C PALLO77V PARC.#095719000046 RECP. #2138737 IL coviso PARC. #095719300061 SW 1/4 519-75N-R67W WILD COUNTY 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. RIGHT-OF-WAY ACQUISITION MICHAEL G. & SANDRA C. PALLOTTO viii SITE 26500 WELD COUNTY ROAD I WELD COUNTY COLORADO C 111111 11111 111111 III 111111 111111 111111 111 11111 1111 1111 l A D O 3668111 01/04/2010 11:36A Weld County, CO 5 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 PROJECT FROM WCR 54 TO HWY 34 PROJECT SRP-13 SCALE: 1"=50' DATE: SEP. 9, 2009 DRAWN BY: JHB SHEET: 2 of 2 46cft COLORADO MEMORANDUM TO: Clerk to the Board DATE: March 10, 2010 FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Deed of Dedication and Acceptance for improvements to WCR 13 with Michael Gene Pallotto and Sandra Christine Pallotto. Enclosure M `Francie Agend-Leon doc ezt vd- (i 3_15-02010 (10 ' OA) L -U 32(-211- 3 i (0a- gc,o 76)36s/C 613 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Michael Gene Pallotto and Sandra Christine Pallotto, whose address is 26500 Weld County Road 13, Johnstown, Colorado, 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. a- 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. Michael Gene Pallotto, Owner STATE OF COLORADO ) ,l ) ss. COUNTY OF t.O >' ) dra Christine Pallotto, Owner I JUDY A. MARTENS NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES 5/612012 The foregoing instrument was acknowledged before me this j . day of Attt0-4Ad , 20/O , by Michael Gene Pallotto and Sandra Christine Pallotto, Owners Witness my hand and official seal. My commission expires:416 1. Page I of 2 pages I IIIIII11111 3682613 03/23/2010 12:46P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 4 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 1 -day of ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSION THE COUNTY OF WEL BY: Deputy Cler o the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) 1/4/11wJ , 20 /0 . COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY. ck_-, L- kcJxfcwr<(.1\-n/ Douglass Rademacher, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD MAR 1 F 2010 The foregoing instrument was acknowledged before me this) 5 /"`day of ) 11 tw, r J_ 20 , by Douglas Rademacher, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: Re®e 2r vagenres May 15, 2010 l 111111 11111 111111 11111 IIII 111111111111 III VIII IIII IIII 3682613 03/23/2010 12:46P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Moog-3/a)a EXHIBIT -A SW 1/4 519-T5N-R67W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 19, 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. 2138737 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 40.00 FEET OF THE WEST 70.00' FEET. SAID PARCEL CONTAINS 2,001.9 sf. OR 0.046 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO. 111111111111111111VII11IIIIII VIIIIIIMHO IIII 3682613 03/23/2010 12:46P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY ACQUISITION MICHAEL G. & SANDRA C. PALLOTTO SITE - 26500 WELD COUNTY ROAD 13 WELD COUNTY, COLORADO l T�� WiiDc. COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 PROJECT FROM WCR 54 TO HWY 34 PROJECT: SRP-13 SCALE: DATE: SEP. 9, 2009 DRAWN BY: JHB SHEET: 1 of 2 EXHIBIT -A SW I/4 S19-T5N-R67W NE 1/4 524 -73N -Raw L4RA1ER COUNTY 60.00' Ival EXISTING R.O.W. cilixLsys PARC. #8524000001 PR I, W 1/4 CORNER S1 9-T N-R67W • EXISTING I Am 100.00' R.O.W. VEL41VV Rti.4DY1 ' PARC. #852,1000017 EXISTING R.O.W. a a a a i SE 1/4 S24 -7201. —ROW L RIMER CI?UN7Y RIGHT-OF-WAY ACQUISITION 144.00' / / n 1 NW 1/4 5T5i--iW R67W �D GIDUNTY BUIEKE PARC. #095719000056 ADDITIONAL 40' RIGHT—OF—WAY 2,001.9 sf. OR 0.046 oc.± MICHAEL G. & S4NDRA C. PALLOTTO PARC. #095719000046 40.00' RECP. #2138737 COULS0N PARC. #095719300061 SW 1/4 .29-7V--R67W WELD COUNTY 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. NINON MICHAEL G. & SANDRA C. PALLOTTO SITE - 26500 WELD COUNTY ROAD 13 WELD COUNTY, COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 PROJECT FROM WCR 54 TO HWY 34 PROJECT: SRP-13 SCALE: 1"=50' DATE: SEP. 9, 2009 DRAWN BY: JHB SHEET: 2 of 2 Hello