HomeMy WebLinkAbout20093163.tiffWeld County Clerk to the
RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - DAVID AND LYNN MCDONOUGH
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 David and Lynn McDonough, 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 David and Lynn McDonough 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 7th day of December, A.D., 2009.
1.61
BOARD OF COUNTY COMMISSIONERS
WELD COU. , COLORADO
l
Dep ty Clerlt to the Board)
APPROVED AS TO FOWs2
XCoun Attorneyr
Date of signature:
I am . Garda, Chair
ougla. Rademaer, Pro-Tem
Sean P. Conway
ra Kirkmeyer
David E. Long
6_0; P VI, Pt-, 4_,oicL-
2009-3163
EG0060
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#fitoce:
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: December 2, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Agreement Concerning Purchase of ROW for Certain Improvements to WCR 13 with David M.
and Lynn M. McDonough.
Enclosure
Al Franck AAgend-Leon doc
2009-3163
1j
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 13 BETWEEN DAVID M. McDONOUGH AND LYNN M.
McDONOUGH AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this day ofba( , 2009, by and between David M.
McDonough and Lynn M. McDonough, 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 l0`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 Five Hundred Eighty Four and no/100
($1584.00) 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
water rights currently attached or associated with the Right of Way.
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3. County shall pay for the cost of obtaining title insurance if County desires to obtain
title insurance for the right of way. County shall pay all fees associated with
recording the Deed of Dedication.
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.
David M. McDonough, Owner Ljh M. McDonough;ner
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ATTEST:
Weld County Clerk to
By:
Deputy Cler to the Boar
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
BY:
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William F. Garcia, Chairman
DEC 0 7 2009
'jCc 9
EXHIBIT -A
SE 1/4 S13-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 3 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 OF THE NORTH 576.93 FEET.
SAID PARCEL CONTAINS 5,769.3 sf. OR 0.132 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD
COUNTY, COLORADO.
1 111111 11111 111111 III 111111 111111 111111 III 11111 IIII IIII
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RIGHT-OF-WAY
ACQUISITION
DAVID M. & LYNN M. McDONOUGH
SITE - 307 N. LARIMER COUNTY ROAD 1
LARIMER COUNTY, COLORADO
cstto
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 13 PROJECT
FROM WCR 54 TO HWY 34
PROJECT:
SRP-13
SCALE:
DATE: SEP. 9, 2009
DRAWN BY: JAB
SHEET. 1 oft
EXHIBIT -A
SE I/4 SI3-T5N-R68W
1....s Ar:
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ADDITIONAL 10"
RIGHT—OF—WAY
5,769.3 sf. OR
0.132 ac.±
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DAVID M & LYNN M
713 8
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McDONOUGH
PARC. #8513010703
RECP.#93097521
TRACT 3
McDONOUGH M.R.D.
SE //4
327-75N-R&W
LIRGLLFR COUNTY
10.00'
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.
RIGHT-OF-WAY
ACQUISITION
DAVID M. & LYNN M. McDONOUGH
SITE - 307 N. LARIMER COUNTY ROAD 1
LARIMER COUNTY, COLORADO
/
/
/
/
/
/
/
a
40' FUTURE ROAD RESV.
I 60.0,0
I EXISTING
R.O.W
SW 1/4
S/8-75N-R67W
WELD COUNTY
44tri
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 13 PROJ ECT
FROM WCR 54 TO HWY 34
PROJECT:
SRP-13
SCALE
"=100'
DATE
SEP. 9, 2009
DRAWN BY: JHB
SHEET: 2 of 2
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