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Home My WebLink About20091505.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 7 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RONALD AND DIANE BAKEL 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 Ronald and Diane Bakel, 2726 Highway 60, Loveland, Colorado 80537, 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 Ronald and Diane Bakel 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 29th day of June, A.D., 2009. ATTEST: Weld County Clerk to the BY: APP w: vl Dep4i Clerk . the Board ey Date of signature. ill31c,"C; BOARD OF COItJ'ITY COMMISSIONERS WELD you COLORADO ///L L- illiam F. G- Chair i� r v7�•u(k Dougl-- Rademac er, Pro-Tem e., P. Conway ar..,,. Kirkmeyer uic /9L /1/>-"L 2009-1505 C34, 741 EG0060 Ain '"DC. COLORADO MEMORANDUM TO: Clerk to the Board DATE: June 23, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement Concerning Purchase of Right -of -Way for improvements to WCR 7 with Ronald L. Bakel and Diane E. Bakel. Enclosures M'}rancic4igcnd-Leon dac • N C u r_ J 2009-1505 AGREEMENT 604 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 7 BETWEEN RONALD L. BAKEL AND DIANE E. BAKEL AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of .Lilt, , 2009, by and between Ronald L. Bakel and Diane E. Bakel, whose address is 2726 Highway 60, Loveland, Colorado 80537, 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 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, 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 Three Thousand and no/1 00 ($3,000.00) dollars. This consideration is being offered in lieu of condemnation 2. Owner agrees to grant the Right -of -Way to County by Deed of Dedication, free and clear of all encumbrances, except existing easements and rights of way of record. Owner shall retain the mineral estate under the Right of Way, including oil, gas, sand and gravel and other minerals and shall also retain any water rights currently attached Page 1 of 3 Pages 1IIB 11111 HIM 11111111111111111III 1111111111111 3638604 07/27/2009 02:22P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder & -/S(.5 or associated with the Right of Way. 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. 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 compensate the Owner the sum of Eight Hundred and no/100 ($800.00) dollars for the expense of amending an existing Recorded Exemption to include this additional right of way acquisition. 9. Owner grants County the right to enter upon the owners property to construct two field entrances, one on each side of the new road. 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. IIIIII11111111111111111III 11111IIIIIIII 3638604 07/27/20(19 02:22P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 2 of 3 Pages IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Ronald L. Bake1 Owner ATTEST: Weld County Clerk to the By: Deputy Clerk to the Board Diane E. Bakel, Owner BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO BY: William F. Garcia, Chairman JUN 2 9 2009 111111111111111111 IIII 11111 10111 III 11111 IIII lilt 3638604 07/27/2009 02:22P Weld County, CO 3 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Page 3 of 3 Pages (9009.- /Sa± EXHIBIT -A NE 1/4 54-T4N-R68W LEGAL DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 4, 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 RECORDED EXEMPTION NO. 1061-04-1-RE1848, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2495435 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE -QUARTER OF SECTION 4, TOWNSHIP 4 NORTH, RANGE 68 WEST AND BEING A 3 1/4" ILLEGIBLE ALUMINUM CAP AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SAID NORTHEAST ONE —QUARTER AS BEARING NORTH 03'44'14" WEST A DISTANCE OF 2440.50 FEET TO THE NORTHEAST CORNER OF SAID SECTION, BEING A 3 1/4" ALUMINUM CAP STAMPED McRAE & SHORT LS#7242. THENCE NORTH 03'44'14" WEST ALONG SAID EAST LINE A DISTANCE OF 1316.09 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 86'15'46" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 7; THENCE SOUTH 89'46'25" WEST ALONG THE SOUTH LINE OF LOT A OF SAID RECORDED EXEMPTION A DISTANCE OF 441.69 FEET AND BEING THE POINT OF BEGINNING: THENCE CONTINUING ON SAID SOUTH LINE SOUTH 89'46'25" WEST A DISTANCE OF 13.90 FEET; THENCE NORTH 44'12'08" WEST A DISTANCE OF 28.77 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 927.71 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1240.00 FEET, CENTRAL ANGLE IS 42'51'58" AND WHOSE CHORD BEARS NORTH 22'46'09" WEST A DISTANCE OF 906.23 FEET; THENCE NORTH 01'20'10" WEST A DISTANCE OF 183.09 FEET; THENCE SOUTH 45'39'29" EAST A DISTANCE OF 14.31 FEET; THENCE SOUTH 01'20'10" EAST A DISTANCE OF 172.85 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 920.23 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1230.00 FEET, CENTRAL ANGLE IS 42'51'58" AND WHOSE CHORD BEARS SOUTH 22'46'09" EAST A DISTANCE OF 898.92 FEET; THENCE SOUTH 44'12'08" EAST A DISTANCE OF 38.42 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11,355.4 SQ. FT. OR 0.26 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 PLS 23520 �;• G 23520 1 7 n9,00mmillo . ff, 1 IIIIII 11111 111111IIII11111111111111111 III IIIII 11111111 3638604 07/27/2009 02:22P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY ACQUISITION BAKEL 2740 HIGHWAY 60 WELD COUNTY, COLORADO COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 7 & 48 PROJECT PROJECT. SRP-18 SCALE: DATE: JUN. 16, 2008 DRAWN BY: JHB SHEET: 1 oil EXHIBIT -A NE 1/4 S4—T4N—R68W FOUND NORTH 1/4 54-T4N-R68W CUNT FOUND 2" ALUM. CAP 1^I i S33-T5N 534-T5N IN RANGE BOX STAMPED R68W R68W INTERMILL LS#12374 1996: 54-T4N-R68W _.. _. __. _.._. _.._. _.._. _. _. _.._. _. _.._..J L.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._. S4-T4N N89'46'25"E 1960.02' N89'45'56"E t 1'60737.65 R68W 30.06 A N WELD OQdlNTY • ZAN i o ljo, I C 345'39'29"E 14.31' woIIINNJ (Do:IOO I 'II I 90.067-1- 1' RONALD L & DIANE E BAKEL i1. RECD. #175459'9 jl 11 .1.430.06 PROPOSED ROW J %\, 11,355.4 sf. OR 0.26 oc.± LOT AREI848 Rr 126505 EXISTING 80.00' RIGHT—OF—WAY RECP.#3624062 RESERVED —FUTURE ROW FOUND 3 1/4" ALUM. CAP IN RANGE BOX STAMPED McRAE & SHORT L5#7242 1994 534—T5N—R68W 53—T4N 68W RONALD L & DIANE E &4KEL RECD #1 LOT A RE -1848 REG! #26505 L=920.23' R=1230.00' X42'51'58" 0=898.92' CB=522'46'09"E L=927.71 —1 -"\. \. 0=42'51'56' S>. \. 0=906.23' \\' \` CB=N22'46'09"W •\' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A •"' t. MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. "*. IT IS INTENDED TO ILLUSTRATE THE ATTACHED \\ PROPERTY DESCRIPTION ONLY. N44'12'08"W •'•�\ 28.77' ,O111111//h i no _ N�`\\\O?P.9' R.... -. (&,-;•C\ \N. Sit,. c• ->e,. N' _p 23520 /ft!), I uLMA`\\ ```\\ 544'12'08"E 38.42' • `P.0 C. m 25 O i,i 586'15'46"W -I 30.00' I I '89'46'25"W 441.69' (' II z P.O.C. EAST 1/4 CORNER w won vo c� rr — \ FOUND 3 1/4" 1; - 13.90' �P.O.B>.\ ', ILLEGIBLE ALUM.CAP oI Hal N 0 \S4-T4N-R68W � N. 1 e `m a ce � U �Ooj = a U a 'O C _- 2 d —a CD >I CD —Ny � N O = Or 0 X00 NO ono CC �C 0 LC �CO C CO it RIGHT-OF-WAY ACQUISITION BAKEL 2740 HIGHWAY 60 WELD COUNTY, COLORADO WI`Dc. COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 7 & 48 PROJECT PROJECT: SRP-18 SCALE': 1"=200' DATE. JUN. 16, 2009 DRAWN BY: JHB SHEET: 2 of 2 MEMORANDUM lik. COLORADO TO: Clerk to the Board DATE: July 23, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Deed of Dedication and Acceptance to the Agreement with Ronald L. Bakel and Dianne E. Bakel, Doc 2009-1505. Enclosures NI ImmieAnend-Leon. don 'coo 509 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Ronald L. Bakel and Dianne E. Bakel, whose address is 2726 East State Highway 60, Loveland, Colorado 80537, 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. OvlA C .sue i Ronald L. Bakel, Owner STATE OF COLORADO ) )ss. COUNTY OF ) Diane E. Bakel, Owner The foregoing instrument was acknowledged before me this 22. day of I 1 , 20 01, by Ronald L. Bakel and Diane E. Bakel, Owners. Witness my hand and official seal. Notary Public My commission expires: L E OP ILEON W SIEVERs 0 NOTARY PUBLIC STATE OF COLORADO E 44reraars a -, {F //nwAN9I/N/lNH4. Page I of 2 pages HID 11111111111 IIII 11111111111111111 III IIIII IIII IIII 3639509 07/30/2009 02:31P 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 29th day of July ,20 09 ATTEST: Lal"a COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONS STATE OF COLORADO THE COUNTY OF WELD BY: Deputy Clerk STATE OF COLORADO ) ) ss. COUNTY OF WELD ) BY: William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF W JUL 2 9 2009 The foregoing instrument was acknowledged before me this 29th day of July 20 09 , by William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and offic My commission expires commission Expires May 15. 2010 Page 2 of 2 pages 1111111 11111 111111 IIII 11111 1111111 MIII 11111 IIII IIII 3639509 07/30/2009 02:31P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ;1o>% - /5O5 EXHIBIT -A NE I/4 S4-T4N-R68W LEGAL DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 4, 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 RECORDED EXEMPTION NO. 1061-04-1-RE1848, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2495435 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE -QUARTER OF SECTION 4, TOWNSHIP 4 NORTH, RANGE 68 WEST AND BEING A 3 1/4" ILLEGIBLE ALUMINUM CAP AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SAID NORTHEAST ONE -QUARTER AS BEARING NORTH 03'44'14" WEST A DISTANCE OF 2440.50 FEET TO THE NORTHEAST CORNER OF SAID SECTION, BEING A 3 1/4" ALUMINUM CAP STAMPED McRAE & SHORT LS#7242. THENCE NORTH 03'44'14" WEST ALONG SAID EAST LINE A DISTANCE OF 1316.09 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 86'15'46" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 7; THENCE SOUTH 89'46'25" WEST ALONG THE SOUTH LINE OF LOT A OF SAID RECORDED EXEMPTION A DISTANCE OF 441.69 FEET AND BEING THE POINT OF BEGINNING: THENCE CONTINUING ON SAID SOUTH LINE SOUTH 89'46'25" WEST A DISTANCE OF 13.90 FEET; THENCE NORTH 44'12'08" WEST A DISTANCE OF 28.77 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 927.71 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1240.00 FEET, CENTRAL ANGLE IS 42'51'58" AND WHOSE CHORD BEARS NORTH 22'46'09" WEST A DISTANCE OF 906.23 FEET; THENCE NORTH 01'20'10" WEST A DISTANCE OF 183.09 FEET; THENCE SOUTH 4539'29" EAST A DISTANCE OF 14.31 FEET; THENCE SOUTH 01'20'10" EAST A DISTANCE OF 172.85 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 920.23 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1230.00 FEET, CENTRAL ANGLE IS 42'51'58" AND WHOSE CHORD BEARS SOUTH 22'46'09" EAST A DISTANCE OF 898.92 FEET; THENCE SOUTH 44'12'08" EAST A DISTANCE OF 38.42 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11,355.4 SQ. FT. OR 0.26 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. \\\\\II I I I / LEON W. SIEVERS �`p�� W. • PLS 23520 t".0 CP: - 23520 F. i7U //llllll l 11111\\\\ RIGHT-OF-WAY ACQUISITION BAKEL 2740 HIGHWAY 60 WELD COUNTY, COLORADO #0)crit COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT a a d a o` U a m ma cm o ea a c ?0 = O a O O O �'O d d o` X32 a N o o O aoo C▪ I O OD oNo a CC a O, O �m 0 Co) ▪ OD WELD COUNTY ROAD 7 & 48 PROJECI PROJECT'. GR-1 SCALE DATE: JUN. 16, 2008 DRAWN BY'. JHB SHEET. 1 of 2 EXHIBIT -A NE 1/4 S4-T4N-R68W FOUND NORTH 1/4 S4-T4N-R68W1`-'F' FOUND 2" ALUM. CAP IN RANGE BOX STAMPED INTERMILL LS#12374 1996: N89'46'25"E 1960.02' C OO^;t a Tr' FOUND 3 1/4" ALUM. CAP IN RANGE BOX STAMPED S33-T5N S34—T5N McRAE & SHORT LS#7242 R68W R68W 1994 S34-75N-R68W 54-T4N-R68W L.. _.._.._. _.._.._.._.._.._.._.._.._.. _.._.._.._.._.._.._. S4 -74N 53=T4N N89'45'56'E H%WYDV 737.65' R68W 68W 30.0 J545'39'29"E 2Ii14.31' woAINN I O _AI co eo o o ul I i\ RONALD L & DIANE E R41CCEL i\ 11. 1'. \\ \. 1__a0 00 PROPOSED ROW \\ 11,355.4 sf. OR j\� 0.26 ac.+ RECP. #130751 LOT AyRE 148 8 RBOR pi 05 u' RESERVED -FUTURE ROW , P.O.C. cn o- 0 �r I d Ii RONALD L & DIANE E BAKEL EXISTING 80.00' RIGHT-OF-WAY RECP.#3624062 L=920.23' R=1230.00' A=42'51'58" C=898.92' RECD. PAM WT A RE 1848 RAT. #2455415 \\.____ `\ CB=522'46'09"E \ L=927.71-"• %\}. \ •R=1240.00' \0 `\ '\ 0=42'51'58" •�\\ C=906.23' \\ \' >. C8=N22'46'09"W ".>, 'S\. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A \' 4, \ \\\' � MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. ••�. IT IS INTENDED TO ILLUSTRATE THE ATTACHED •`>. PROPERTY DESCRIPTION ONLY. N44'12'08"W •, 28.77' RIGHT-OF-WAY ACQUISITION BAKEL 2740 HIGHWAY 60 WELD COUNTY, COLORADO COLORADO 1 ,I I I � I I I I • I I • I I I 586'15'46"W I I I 30.00' • i '• 589'46'25"W 441.69 P.O.C. . /'z. EAST 1/4 CORNER ,E -' k FOUND 3 1/4" le;) rz \ ILLEGIBLE ALUM.CAPIg I,>I \S4—T4N—R68W 'I - - WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 7 & 48 PROJEC1 PROJECT. GR-1 SCALE, 1"=200' DATEJUN. 16, 2009 DRAWN BY. JHB SHEET 20C2 0i O I 0- r; I N O � O I N M 4 0I O1 o' LO CO CO ' Hello