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Home My WebLink About20090132RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RETA LOU HEINRICY TRUST AND MARGARET HEINRICY 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 among 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, Reta Lou Heinricy Trust, P.O. Box 966, Leadville, Colorado 80461, and Margaret Heinricy, 1903 Northmoor Terrace, Pueblo, Colorado 81008, 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 among 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, the Reta Lou Heinricy Trust, and Margaret Heinricy 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 14th day of January, A.D., 2009. ATTEST: /14 Weld County Clerk to the 7- BY- Deput Clerk APPROVED G EXCUSED David E. Long the Board ounty Attorney Date of signature - BOARD OF C tY COMMISSIONERS WELD b!6OLORADO illiam F. Garcia, Chair adema her, Pro-Tem Sea. Conway � Douglas rbara Kirkmeyer 2009-0132 EG0060 -ice - dr/ COLORADO MEMORANDUM TO: Clerk to the Board DATE: January 9, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to WCR 13 with Reta Lou Heinricy Trust and Margaret Virginia Heinricy. One original of each is attached. Enclosures M VFiancie'Agend-Lcon-doc 2009-0132 n 136 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN RETA LOU HEINRICY TRUST, MARGARET VIRGINIA HEINRICY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /y day of Jmi8r , 2009, by and between Reta Lou Heinricy Trust, whose address is PO Box 966, Leadville, Color do 80461 and Margaret Virginia Heinricy, whose address is 1903 Northmoor Terrace, Pueblo, Colorado 81008, hereinafter referred to as "Owners," 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, Owners own 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, Owners wish to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owners agree 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 Six Thousand and no/100 ($6000.00) dollars. This consideration is being offered in lieu of condemnation 2. Owners agree 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 11111111111111111 III 111111111111111111111 11111 IIII IIII 3603736 02/06/2009 12:40P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder -D/Sc? 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. Owners warrant that they are the owner of the Right -of -Way and will defend title thereto against all claims. 7. Owners represent and warrant that all prior general taxes levied have been paid in full by Owners. 8. Owners hereby grant to County permission to rebuild the existing field driveway located approximately 1270 feet south of WCR 60, including but not limited to all necessary earthwork to reshape the driveway and the placement of granular and asphalt surfacing. Owners grant permission to County to enter upon Owners property to complete said task. 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 1111111nil 111111IIIElf 1111111III ill 11111III!III! 3603736 02/06/2009 12:40? Weld County, CO 2 of 6 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. R-ta Lou He nricy Trust Reta Lou Heinricy, Trustee ATTEST: Weld County Clerk to the By: OWNER: Margaret Virginia einricy BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO BY: Deputy Clerk to the Board William F. Garcia, Chairman JAN 1 4 2009 11111111111111111 III 111111111111111111 III 11111 IIII 101 3603736 02/06/2009 12:40P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 3 of 3 Pages ,A7c e - C/.5'; N 9 O a, O CC c0 ea = °J = O 0.1 d 0 0 0 d 0 N N ✓ 0 o 1OO .O• O co 4O1 0 0 cm d cc 0, O =mv EXHIBIT A M3 z 0 0 o V , c; tz z n is CU OF fF z z z 0 ▪ 0 V N S 00'07'23' W, 2643 81' 09 UVOII A.LNf103 U1HAA M .E0,0668 S 09 OVna AINf03 0l3M 3 NIl AVM J❑ 1H9I8 H1fUS\ Z N 89°10'03" z z w TRUE POINT OF 0 OE CU CU 0 ci N ci w J C q 3O O - > Z o � V C w a w3 en U 0 ,0 OE N 00'07'23' E, 2614.32' S 89'10'03' W, 5.00' CONTAINS 0.30 ACRES4 N 90.00'00' E, 5.00' L PARCEL DESCRIBED AT WELD COUNTY AS RECEPTION NO. 1654382 L N0I133S JO N3121Vno 1s3MH1eLN 3H1 JO 3NIl Rims z Z W Z Y 4 0- = a W n O8 a zasi x w�Qva� z6+1 MEE uti.„ 0 ggigl s LEGAL DESCRIPTION HEINRICY, MARGARET VIRGINA TO WELD COUNTY PROPERTY DESCRIPTION OF PERMANENT ROAD RIGHT OF WAY That portion of that certain parcel of land described in deed recorded at Reception No. 1654382 in the records of Weld County, Colorado. Said portion being located in the Northwest quarter of Section 7, Township 5 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado, and described as follows: The East 5.00 Feet of the West 35.00 Feet of the Northwest Quarter of Section 7. Except: Road rights of way for Weld County Road no. 60, being the North 30.00 Feet thereof. Said parcel described above contains 0.30 Acres (13,071 Sq. Ft.), more or less. Dale V. Greer Professional Land Surveyor Colorado Registration no. 16404 1111111 11111 111111 III IIIIII IIIIIII IIIII III 11111 Ell IIII 3603736 02/06/2009 12:40P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder G:A27I\ROW\Leval DescriptionsAi-leinriey Final .doc User Name: LCLogin Project: PN 271 -County Line Road Inverse Object Heinricy Date: 08-27-08 Time: 08:49:01 Page: 1 Horizontal direction: N89° 10'03.3"E Horizontal Distance 5.00 Horizontal direction: S00°07'22.8"W Horizontal Distance 2614.32 Horizontal direction: N90°00'00.0"W Horizontal Distance 5.00 Horizontal direction: N00°07'22.8"E Horizontal Distance 2614.25 Closure Data Closed Area (sq. ft.): Closed Area (Acres): Closed Perimeter: Total Length: Closing Direction: Closing Distance: NA (Closed) Departure in X (Easting): NA (Closed) Departure in Y (Northing): NA (Closed) Error of Closure: NA (Closed) 13071.42502974 0.30007863 5238.57 5238.57 NA (Closed) 1111111 11111 111111 III 111111111111111111111 11111 IIII till 3603736 02/06/2009 12:40P Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder p((lt 1 COLORADO MEMORANDUM TO: Clerk to the Board DATE: March 30, 2009 FROM: Leon Sievers, Public Works SUBJECT: Consent Agenda Item Deed of Dedication of Agreement, doc # 2009-0132, with Reta Lou Heinricy Trust and Margaret Virginia Hcinricy M:ArrancicAAgendaChairSignaturc-doc e zv -J cc 'r fki L " L--274 atc0 392 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Reta Lou Heinricy Trust, whose address is PO Box 966, Leadville, Colorado, 80461 and Margaret Virginia Heinricy, whose address is 1903 Northmoor Terrace, Pueblo, Colorado, 81008 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. OWNER: Margaret Virginia Heinricy, Owner Ret. Lou Heinricy Trust Reta Lou Heinrich, Trustee STATE OF COLORADO ) ss. COUNTY OF —7th The foregoing instrument was acknowledged before me this / / day of CULCJ"l , 20O9, by Margaret Virginia Heinricy, Owner. Witness my hand and official seal. My commissi n expires: Coui Notary Public..:, Page I of 3 pages 111111111111 111111 11111111111III 1111111 III 1111111111111 3615392 04/08/2009 12:45P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ) ss. COUNTY OF L�J We ) The foregoing instrument was acknowledged before me this C day of , 203(1 , by Reta Lou Heinricy, Trustee of the Reta Lou Heinricy Trust. Witness my hand and gfJi2J,eal. 'caLPCKF j''•,. ftiji a • � �OCa % • POV r0! My commission exisiliteS:,.,,•.•GO rZinErr'',„AITE of Gott Notary Public oi<JD; (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 6th day of April , 2009 . ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD BY: Deputy Cler o the Board Page 2 of 3 pages 1 111111 11111 111111 IIIII 1111 III 111111 l III/ 3615392 04/08/2009 12:45P Weld County, CO 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 04/06/2009 ; CCU %-Cv_9,R STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 6th day of April 20 09 , by William F. Garcia, aid OF ,� OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and offi E:......... Fc0 NOTARY '; jseYBLIC;.c9 MvCommissr^r t 9 ?L f It (d.; No�ryPul My commission expires: 11111111111111111111111111111 III 1111111 III 11111 IIII IIII 3615392 04/08/2009 12:45P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 11 Page 3 of 3 page is L (2( t? f LEGAL DESCRIPTION HEINRICY, MARGARET VIRGINA TO WELD COUNTY PROPERTY DESCRIPTION OF PERMANENT ROAD RIGHT OF WAY That portion of that certain parcel of land described in deed recorded at Reception No. 1654382 in the records of Weld County, Colorado. Said portion being located in the Northwest quarter of Section 7, Township 5 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado, and described as follows: The East 5.00 Feet of the West 35.00 Feet of the Northwest Quarter of Section 7. Except: Road rights of way for Weld County Road no. 60, being the North 30.00 Feet thereof. Said parcel described above contains 0.30 Acres (13,071 Sq. Ft.), more or less. Dale V. Greer Professional Land Surveyor Colorado Registration no. 16404 IIIIII VIII IIIIII 11111 111111 III 1111111 III 11111 III II'I 3615392 04/08/2009 12:45P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder I '.� ri1'�,f I [fir-:.vq't: ii 'die•i�q ie h it MID 11111 Ill 11111111111 III 1111111 III 11111 IIII IIII 3615392 04/08/2009 12:45P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder -,0'OE S 05'07'23' W, 2643 Br WELD COUNTY ROAD 13 I --.0'0E 09 AVON AINFIOD Q'IHA\ M .F.0,0I.68 S 09 UW021 A1N11JJ 813/ 3N11 AVM JO iH9Id H11001 POINT OF BEGINNING N 00°07'23' E, 2614.32' CONTAINS 0.30 ACRES! PARCEL DESCRIBED AT WELD COUNTY AS RECEPTION NO. 1654382 L NO11J3S 10 2131L'tl110 I.S3MH1a0N 3H1 JO 3NIS H100S =o 0) gg 2 a a a 2 a a Hello