HomeMy WebLinkAbout20093328.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO
SIGN NECESSARY DOCUMENTS - JUDITH ELAINE FOLLEY LIVING TRUST AND
DAVID MCDONOUGH LIVING 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 the Judith Elaine Folley Living Trust and David
McDonough Living Trust, 307 North County Road 1, 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 the Judith Elaine Folley Living Trust and David McDonough Living 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 21st day of December, A.D., 2009.
ATTEST: 'tiwa%6/
Weld County Clerk to the Bo
BY:
Dept Clerk '• the
APP
unty Attorney
Date of signature: II f3110
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
rE*bUSED
• 7? I William F. Garcia, Chair
Dougla- Rademac er, Pro-Tem
Sean P. Conway
RM: EXCUSED
B ra Kirkmeyer
)
David E. Long
gn : P! PL, /1/O/Oz_
2009-3328
EG0060
ate/,/,Z5
MEMORANDUM
COLORADO
TO: Clerk to the Board DATE: December 16, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Agreement Concerning Purchase of ROW for Certain Improvements to WCR 13 with Judith
Elaine Folley Living Trust and David McDonough Living Trust dated December 14, 2009.
Enclosure
M:Wrancie Agend-Leon doc
c.
C
0
0
0
r
2009-3328
60
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 13 BETWEEN JUDITH ELAINE FOLLEY LIVING TRUST AND
DAVID McDONOUGH LIVING TRUST AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this /4 day of he 2009, by and between Judith
Elaine Folley Living Trust and David McDonough Living Trust, whose address is 307 N. County
Road 1, 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 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 One Thousand Nine Hundred Twenty and no/100
($1920.00) 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
Page 1 of 3 Pages
111111 11111 111111 1111 111111 11111 111111 III 11111 IIII IIII
3671634 01/22/2010 11:21A Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
& '.• a..3A2
William Frank Folley Trustee
water rights currently attached or associated with the Right of Way.
3. County shall pay for the cost of obtaining title insurance if County desires to obtain
title insurance for the Easement.
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.
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.
JUDITH ELAINE FOLLEY LIVING TRUST
DAVID McDONOUGH LIVING TRUST
C�?
/David McDonough, Trustee
Page 2 of 3 Pages
11111111111111111 IIII 11111111111111111 III 11111 IIII IIII
3671634 01/22/2010 11:21A Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
ATTEST:
Weld County Clerk
Deputy Cle to the Board
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
Page 3 of 3 Pages
1111111111110111111111111111111111111! III 1111111111111
3671634 01/22/2010 11:21A Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
oug as Ra.-macher, Chair Pro-Tem
12/21/2009
boo-. 33; c7
EXHIBIT -A
SE 1/4 513-T5N-R68W
PROPERTY DESCRIPTION
RIGHT-OF-WAY
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 13, TOWNSHIP 5 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF TRACT 2 OF McDONOUGH M.R.D. NO. S-34-92 FILED IN THE LARIMER
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 93010125 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 10.00 FEET OF THE EAST 40.00' FEET.
SAID PARCEL CONTAINS 6,984.7 sf. OR 0.160 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD
COUNTY, COLORADO.
11111 11111 111111 1111311 11111 HEM 11111 11111111
3671634 01/22/2010 11:21A Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
RIGHT-OF-WAY
ACQUISITION
JUDITH E. FOLLEY &
DAVID McDONOUGH TRUST
SITE - 515 N. LARIMER COUNTY ROAD 1
LARIMER COUNTY, COLORADO
11`k
COLORA
O
1PR0JECT
1
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 13 PROJECT
FROM WCR 54 TO HWY 34
DATE:
SCALE:
SRP-13
SEP. 9, 2009
DRAWN BY: JHB
SHEET: 1 of 2
EXHIBIT -A
SE 1/4
S73-13N-RMW
ZA EYER
COUNTY
ADDITIONAL 10'
RIGHT—OF—WAY
6,984.7 sf OR
0.160 oc.±
JUDITH lw FOLEY
DAVID McDONOUGH
TRUST
PARC. #8513010702
RECP.#2000069485
TRACT 2
McDONOUGH M.R.D.
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.
McD VOJG,='
PARC. #`851301.0703
-H
(13
CD
0
F-
/
/
/
/
/
1 >
Iw
0
1 O
1 w
I
<n
1 60.60'
I EXISTING
R.O.W
SE 1/4 S13-15N-R68W
SW 1/4
378-7W-R67W
WELD CO(1 Y
HOWARD
PARC.#C95718300048
a
a
a
aI
a'
a
c
c
a
aq
a I -
a
a
— T
CN
a
N
— O
a
Co
RIGHT-OF-WAY
ACQUISITION
JUDITH E. FOLLEY &
DAVID McDONOUGH TRUST
SITE - 515 N. LARIMER COUNTY ROAD 1
LARIMER COUNTY, COLORADO
at4;
Roc.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 13 PROJECT
FROM WCR 54 TO HWY 34
PROJECT:
SRP-13
SCALE:
1"=100'
DATE: SEP. 9, 2009
DRAWN BY: JHB
SHEET: 2 of 2
Hello