HomeMy WebLinkAbout20090782.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 7 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - AURORA LOAN SERVICES, LLC
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 7 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 Aurora Loan Services, LLC, 2617 College Park, Scottsbluff,
Nebraska 69361, 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 7 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 Aurora Loan Services, LLC, 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 1st day of April, A.D., 2009.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
WELD U lts` COLORADO
Weld County Clerk to the Board
BY: 571 -7 -Si
Deputy rk to the Board
A PROV
ounty Attorney
Date of signature.
y/a3/o7
David E. Long
00 , P 4), ✓�[_1 1f/'FL-
2009-0782
EG0060
C5%CS/ O7
n
WID€.
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: March 27, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Agreement Concerning Purchase of Right -of -Way for Certain Improvements to WCR 7 with Aurora
Loan Services LLC.
Enclosure
M:AFrancicAAgend-Leon.doc
w
2009-0782
AGREEMENT
989
CONCERNING PIJRCIIASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 7 BETWEEN AURORA LOAN SERVICES, LLC AND WELD
COUNTY. COLORADO
jr
IIIIS AGREEMENT is made this I k
ra—day of rp(Ch .2009, by and between Aurora
Loan Services, whose address is 2617 College Park, Scottsbluff, Nebraska, 69361. 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 lots Street,
Greeley. Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 7, 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, TI IEREFORE, the parties herein agree as follows:
I . 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 Two Thousand and no/l00 ($2000.00) dollars. This
consideration is being offered in lieu of condemnation
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
TIED 1111111111111111'Ili NMI 11111III11111IIII IIII
3619989 05/01/2009 11 03A Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
3. County agrees to pay the costs of title insurance and recording fees, if necessary as
determined by County.
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.
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 reimburse the owner the sum of Six Hundred filly and no/I00
($650.00) dollars for the two trees that are in the acquisition area.
9. Owner acknowledges that the existing Weld County Road 7 will be vacated and
abandoned north of the Owners property.
10. Owner acknowledges and agrees that the two driveways onto the property will be
removed and obliterated and access to the property will he from a new driveway
located southerly from the existing driveways. Owner grants County the right to
enter onto the property to construct this driveway.
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
111111\liiIIII 11111t 1111111111111 WI 1111
3619989 05/0112009 11:03A 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.
ATTEST:
Weld Coon
By
Deputy
OWNER
AURO
LOAN S ERVICS fiLLC
n
ga-
Mcbrr un 4rrn.1 nk-.Hav c je
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
BY:
Page 3 of 3 Pages
I111111 III 11111
3619989 05/01/2009 11:03A Weld County, CO
3 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
William F. Garcia, airman
04/01/2009
(9(r9 -D 2J9
EXHIBIT -A
NW 1/4 S3-T4N-R68W
LEGAL DESCRIPTION
RIGHT OF WAY
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF
SECTION 3, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, AND BEING A PORTION OF LOT A OF AMENDED RECORDED EXEMPTION NO.
1061-03-2-RE431, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION
NO. 2447489 BOOK -1502, PAGE -527 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 10.00 FEET OF THE WEST 40.00 FEET OF LOT A.
SAID PARCEL CONTAINS 6,015.1 SQ. FT. OR 0.138 AC. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD
COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY.
RIGHT-OF-WAY ACQUISITION
AURORA LOAN SERVICES LLC. Wine23750 WCR 7
WF .D m r JNTY f ni nn Aran
1 11111111111 11111111111 IIII 1111111 IIIII III HMI IIII LA"
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 7 & 48
PROJECT
PROJECT.
GR-1
SCALE:
DATE
JAN. 5, 2009
DRAWN BY JHB
SHEET
1 of 2
3619989 05/01/2009 11:03A Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT -A
NW 1/4 S3-T4N-R68W
NW COR.
S3-T4N-R68W
WRIGHT d* MACW
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL
DESCRIPTION ONLY.
IS
I I
1-1 30
EXISTING 60
R.O.W.
1
1 1
i I
j I
j I
i
W 1/4 COR. j 1
S3-T4N-R68W i 1
I
10.00'
ACQUIRED
RIGHT-OF-WAY
6,015.1 sf. OR
0.138 ac.±
AURORA LOAN
SERVICES LLC.
PARC.#106103000022
RECP.#3594415
LOT A
AMEND. RE -431
10'
10.01'
R
RIGHT-OF-WAY ACQUISITION
AURORA LOAN SERVICES LLC.
23750 WCR 7
WELD COUNTY, COLORADO
Attri
Wine
on*ORADO
111111111111111111111111111111111111111III111111111III;
3619989 05/01/2009 11:03A Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 7 & 48
PROJEC I
PROJECT
GR-1
SCALE
1"= 100
DATE JAN. 5, 2009
DRAWN Br JIIB
SHEET:
2 of 2
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: June 15, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Consent Agenda Item
Deed of Dedication and Acceptance with Aurora Loan Services —in reference to it's agreement
Doc #2009-0782
Enclosures
M Francte,Agend-Leon Jar
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377
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Aurora Loan Services, LLC., whose
address is 2617 College Park, Scottsbluff, Nebraska 69361, 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.
AU' ORA LOAN SERVICES, LLC.
B' : Laura McCann, A.V.P.
STATE OF CcLuit
ss.
COUNTY OF RA C )
The foregoing instrument was acknowledged before me this! 0 day of
))/\)
, 200, by Laura McCann A.V.P., Aurora Loan Services, LLC.
Witness my hand and official seal.
My commission expires:
Heidi Long
NOTARY PUBLIC
State of Colorado
My Commission Expires Dec 15, 2012
Page 1 of 2 pages
111111111111111111111111 III 1111 11 1111111111111111
3631377 06/19/2009 11:16A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk Si Recorder
1`_. 0
c:1„,,
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 17th day of June
ATTEST: fitalaV
CLERK TO THE BOARD
COUNTY COMMISSIO
THE COUNTY OF WE
BY
cputy Clerk • the Board
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
, 2009 •
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
BY:
William F. Garcia, Chair,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
JUN 1 7 2009
The foregoing instrument was acknowledged before me this 17t hday of June
20 09 , by William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD.
Witness my hand and official seal.
My commission expires:
Notary Public
// 2c2d)
Page 2 of 2 pages
1111111 11111 111111 111111 III 111111111111 III 1111 1111
3631377 06/19/2009 11:16A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
My Commission Expires Sept 11 2009
;,?oo2 -0 J8'
EXHIBIT -A
NW 1/4 S3-T4N-R68W
LEGAL DESCRIPTION
RIGHT OF WAY
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF
SECTION 3, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, AND BEING A PORTION OF LOT A OF AMENDED RECORDED EXEMPTION NO.
1061-03-2-RE431, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION
NO. 2447489 BOOK -1502, PAGE -527 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 10.00 FEET OF THE WEST 40.00 FEET OF LOT A.
SAID PARCEL CONTAINS 6,015.1 SQ. FT. OR 0.138 AC. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD
COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED FROM AMENDED RECORDED EXEMPTION NO.
1061-03-2-RE431 AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION
NO. 2453711.
111111111111111111111111 III 111111111111 III 11111 IIII Pill
3631377 06/19/2009 11:16A Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
RIGHT-OF-WAY ACQUISITION
AURORA LOAN SERVICES LLC.
23750 WCR 7
WELD COUNTY, COLORADO
a,;;
WLiDc.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 7 & 48
PROJECT
PROJECT
GR-I
SCALE.
DATE.
JAN. 5, 2009
DRAWN BY'. JHB
SHEET- 1 of
EXHIBIT -A
NW V4 S3-T4N-R68W
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j .010
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0
10.00'
j �I
yi 30'
EXISTING 61P
R.O.W.
I I
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL
DESCRIPTION ONLY.
y I
j i
j
i
1
j 1
I
W 1/4 COR. —\ 1
53—T4N—R68W
co
ACQUIRED
RIGHT—OF—WAY
6,015.1 sf. OR
0.138 ac.±
10'
10.01'
AURORA LOAN
SERVICES LLC.
PARC.#106103000022
RECP.#3594415
LOT A
AMEND. RE -431
R
RIGHT-OF-WAY ACQUISITION
AURORA LOAN SERVICES LLC.
23750 WCR 7
WELD COUNTY, COLORADO
WIiDc.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 7 & 48
PROJECI
P ROLE CT.
GR-I
SCALE
"=100'
DATE JAN. 5, 2009
DRAWN BY'. JHB
SHEET.
2 oft
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