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HomeMy WebLinkAbout20090664.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 29 (71ST AVENUE) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RICHARD, MARY ANN, AND ELSIE GOETZEL 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 29 (71st Avenue) 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 Richard, Mary Ann, and Elsie Goetzel, 13489 County Road 66, Greeley, Colorado 80631, 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 29 (71st Avenue) 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 Richard, Mary Ann, and Elsie Goetzel 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 18th day of March, A.D., 2009. ATTEST: Weld County Clerk to BY: APP my Attorney Date of signature Deputy Cler to the Board RM: 420y BOARD OF COUNTY COMMISSIONERS WELDZO • ' Y OLORADO William F. Garcia, Chair EXCUSED Douglas Rademacher, Pro-Tem Sea P. Conway irkmeyer David E. Long 2009-0664 G00 0 O`f 13 99 COLORADO MEMORANDUM TO: Clerk to the Board DATE: March 12, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to WCR 29 with Richard Goetzel, Mary Ann Goetzel, and Elsie M. Goetzel. Enclosures M:AFrancicAAgend-Lcon.dx 2009-0664 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 29 (71s` AVENUE) BETWEEN RICHARD GOETZEL, MARY ANN GOETZEL, ELSIE M. GOETZEL AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /b -day of /ttitw% , 2009, by and between Richard Goetzel, Mary Ann Goetzel and Elsie M. Goetzel, 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 29 (71" Avenue), 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 Seven Thousand Eight Hundred and no/100 ($7800.00) 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. 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. 1111111111IIIIII %ICI IIII \IIIIII III Illll III\ III\ IIIII361412104/01/200 0 00 3 3-IP Weld Count], CO Steve Moreno Clerk & R 1 of 5 Recorder0.00 3 Pages 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. 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. 2 Richard Goetzel, OWher 1 - Elsie M. Goetzel, Owne Mary A y% oetzel, Owner Page 2 of 3 Pages 111111111111111111111111111111111111111III 1111111111111 3614121 04/01/2009 03:31P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ATTEST: Weld County Clerk to t By: Deputy Cler H to the Board BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO BY: William F. Gaia, Chairman Page 3 of 3 Pages I 1111 11111 1111 1111 111 I I I 11111111 I I 1111111111 I I I I 3614121 04/01/2009 03:31? Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder MAR 1 8 2009 .7cDt_ o�N EXHIBIT -A NW COR SEC 33 FOUND #6 REBAR W/2-1/2" ALUM. CAP STAMPED POWERS ELEVATIONS LS#23501 IN A MONUMENT BOX. N88'39'04"E 1326.83'_ 10' FUTURE ROAD RESERVATION \\\\ \\ PD0 RfYfdfr'/ACQUIRED • .13.0 RIGHT—OF—WAY st\ ? ,958.8 sf. EXISTING 23520 CI) i /��III�i1\\`s\\\\\\\\ SECTION ROW E NW 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS#30462 2007 588'41'47"W RIGHT-OF-WAY ACQUISITION GOETZEL 13489 WELD COUNTY ROAD 66 GREELEY, COLORADO ^^T ORAD0 W1�9� W 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS#30462 2007 IN A MONUMENT BOX. nl P.O.B. 450' w EXISTING 11 RIGHT OF WAY I 8212/P416 5-17-1906 ACQUIRED RIGHT-OF-WAY NW 1/4 035-T6N-R66W N 1/4 COR SEC 33 FOUND 3-1/4" ALUM. CAP STAMPED FREESE ENGR. LS#4392 IN A MONUMENT BOX. LINE TABLE L1 500'25'25"E 1306.06' L2 588'41'47"W 15.00' L3 N00'25'25"W 1278.92' L4 N45'53'11"W 38.06' L5 N88'39'04"E 42.13' 111111111111111111 IIII II1111 liII IIII111 III 11111 lIE IF NOTE: THIS EXHIBIT MONUMENTED LAND IT IS INTENDED TO DESCRIPTION ONLY. MAP DOES NOT REPRESENT A SURVEY OR LAND SURVEY PLAT. ILLUSTRATE THE ATTACHED LEGAL WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT: RC -40 DATE DEC. 19, 2008 1' =50' PRAWN BY. JHB SHEET. 2oI2 3614121 04/01/2009 03.31P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT -A NW II4 S33-T6N-R66W LEGAL DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING A PORTION OF LOT B OF RECORDED EXEMPTION NO. 0805 -33 -2 -RE -978, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2098341 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION AS BEARING SOUTH 00'25'25" EAST A DISTANCE OF 1336.07 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 33 BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462; THENCE SOUTH 00'25'25" EAST A DISTANCE OF 30.00 FEET ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33 TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 64, ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29 AND BEING THE POINT OF BEGINNING. THENCE CONTINUING SOUTH 00'25'25" EAST A DISTANCE OF 1306.06 FEET MORE OR LESS ALONG SAID EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29; THENCE DEPARTING SAID EAST LINE SOUTH 88'41'47" WEST A DISTANCE OF 15.00 FEET ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 33; THENCE NORTH 00'25'25" WEST A DISTANCE OF 1278.92 FEET; THENCE NORTH 45'53'11" WEST A DISTANCE OF 38.06 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 64; THENCE NORTH 88'39'04" EAST A DISTANCE OF 42.13 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 19,958.8 SQ. FT. (0.458 ACRES) 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 23520 RIGHT-OF-WAY ACQUISITION GOETZEL 13489 WELD COUNTY ROAD 66 GREELEY, COLORADO ;Ateri 1111111 11111 111111 Mtn III' IIIIIII III 11111 1111 IIII 3614121 04/01/2009 03:31P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROIECI PROJECT. RC -40 SCALE: DATE DEC. 19, 2008 DROWN BY: 1FIB SHEET: I of 2 COLORADO MEMORANDUM TO: Clerk to the Board DATE: April 22, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Deed of Dedication with Elsie M. Goetzel, Mary Aim Goetzel, and Richard Goetzel in reference to the Agreement Concerning to Purchase of Right-of-way, Doc. # 2009-0664. f Enclosures M \Francie'Agend-Leon. doc (ni4 e-tU Cpl' r'c L . /2z_ 2 oaq--o-6e y 9, DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Elsie M. Goetzel, Mary Ann Goetzel and Richard Goetzel, whose address is 13489 Weld County Road 66, Greeley, Colorado, 80631, 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. Lisle ki 6oe1ge1 Elsie M. Goetzel, Owner Th bawd Go £f`zet o A Richard Goetzel, STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this LZV'day of , 20 by Elsie-M-Goetzel, Owner. c( ,ATTcii. GE1/4_./C iut Witness my hand and official seal. Notary Public My commission expires: P -c r. -c 1 ! AEON W SIEVERS i• i NOTARY PUBLIC i STATE Of COLORADO 0 ,% Page 1 of 3 pages 11'10111111 111111 VIII 1111 111111 111111 III 11111 IIII 11II 3619986 05/01/2009 11:03A Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 22 day of t' L L , 20 c,"1, by Mary Ann Goetzel and Richard Goetzel, Owners. Witness my hand and official seal. Notary Public My commission expires: c ( - ( 1'r///.rrrrrrrossrr�,� y.•,. i LEON W SIEVERS $ NOTARY PUBLIC STATE OF COLORADO $ ACCEPTANCE'rm'me''°',rs'A'+.rrnossrio., 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 27th day of April , 20 09 ATTEST: CLERK TO THE BOARD COUNTY COMMISSIO THE COUNTY OF WE BY: Deputy Cle to the Boar 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 Pace 9 es' pages 1111111 IIIII 11111111111111 IIIIII 111111 III 11111 \\L\ \II\ 3619986 001/2009 11:03A Weld County, CO 0. 2 of 5 R 0.00 D 0.00 Sieve Moreno Clerk APR 2 7 2009 deb t- o‘6) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 27 ttrlay of April 2009 , by William F. Garcia, ••••'..BARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and ...AIyFCO NOTAR - \ . ciMiExif lje •......... yP,, OF COL My Commission Expires Mav 19 2009 My commission expires: 1 1111111111 11111111111111E11ti\\iIIIIIHID 11 It 3619986 05/01/2009 3 of 5 R 0.00 D 0.00 Steve Morena Clerk No T Publi Pane 3 of 3 pages EXHIBIT -A NW 1/4 S33-T6N-R66W NW COR SEC 33 FOUND #6 REBAR W/2-1/2" ALUM. CAP STAMPED POWERS ELEVATIONS LS#23501 IN A MONUMENT BOX. — - - — In MN W 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS#30462 2007 IN A MONUMENT BOX. N88'39'04"E 1326.83' - - - - 10' FUTURE ROAD RESERVATION RICHARD, MARY ANN & ELSIE M GOK77.EL RECP#2208320 LOT—B/RE-978 olio/ \\\\\�111111, ACQUIRED `,Q�%RIGH-OF-WAY F � sf. • 23520 12-ly-ug. ' ///74( IL,gISdp\\\ EXISTING ROW & SECTION LINE NW 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS#30462 2007 S88'41'47"W of o: "1\y-P.O.B. r` 0 co^ 1 to z M z 4 SJ 1 1 1 1 i 1 N 1/4 COR SEC 33—I FOUND 3-1/4" ALUM. CAP STAMPED FREESE ENGR. LS#4392 IN A MONUMENT BOX. 1326.77' - - ACQUIRED RIGHT- OF -WAY LINE TABLE L1 S00'25'25"E 1306.06' L2 S88'41'47"W 15.00' L3 N00'25'25"W 1278.92' L4 N45'53'11"W 38.06' L5 N88'39'04"E 42.13' 50' EXISTING RIGHT OF WAY I B212/P416 1 5-17-1906 1 50' - - - - 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. FE RIGHT-OF-WAY ACQUISITION GOETZEL 13489 WELD COUNTY ROAD 66 GREELEY. COLORADO UDc. I 111111 11111 iiuu 11111 liii 111111 111111111 11111 liii IIIi WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT: RC -40 SCALE. 1"=50' DATE DEC. 19, 2008 DRAWN BY JHB 2 SHEET: of 2 3619986 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 S33-TON-R66W LEGAL DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING A PORTION OF LOT B OF RECORDED EXEMPTION NO. 0805 -33 -2 -RE -978, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2098341 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION AS BEARING SOUTH 00'25'25" EAST A DISTANCE OF 1336.07 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 33 BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462; THENCE SOUTH 00'25'25" EAST A DISTANCE OF 30.00 FEET ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33 TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 64, ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29 AND BEING THE POINT OF BEGINNING. THENCE CONTINUING SOUTH 00'25'25" EAST A DISTANCE OF 1306.06 FEET MORE OR LESS ALONG SAID EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29; THENCE DEPARTING SAID EAST LINE SOUTH 88'41'47" WEST A DISTANCE OF 15.00 FEET ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 33; THENCE NORTH 00'25'25" WEST A DISTANCE OF 1278.92 FEET; THENCE NORTH 45'53'11" WEST A DISTANCE OF 38.06 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 64; THENCE NORTH 88'39'04" EAST A DISTANCE OF 42.13 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 19,958.8 SQ. FT. (0.458 ACRES) 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 )?0 IREG(( W. S/ 9 23520 I z-19 v cJ ' -tv ' //ontor. LgPA\\ ` RIGHT-OF-WAY ACQUISITION GOETZEL13489 WELD COUNTY ROAD 66 pC CRFFIRV !`nine Ann 10111 11111 111111 111 I 1 1111 111111 111111III 11111 111IIIII DORADO 3619986 05/01/2009 11:03A Weld County, CO 5 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT: RC -40 SCALE: DATE: DEC. 19, 2008 DRAWN BY: JHB SHEET: 1 of Hello