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Home My WebLink About20081106.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - SUSAN TROUDT; CARLA HOBBS, AKA CARLA JOHNSON HOBBS;AND MARIAN STRATTON,DECEASED,AKA MARIAN BOTTINELLI 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 Susan Troudt; Carla Hobbs, aka Carla Johnson Hobbs; and Marian Stratton, deceased, aka Marian Bottinelli, 14491 County Road 5, Longmont, Colorado 80504, 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 Susan Troudt; Carla Hobbs, aka Carla Johnson Hobbs; and Marian Stratton, deceased, aka Marian Bottinelli 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 April, A.D., 2008. ti E LA, BOARD OF COUNTY COMMISSIONERS t e `'w' WELD COUNTY, COLORADO ATTEST: 4,4 V n illiam H. Jerke, Chair Weld County Clerk to the Boat Tel i11I EXCUSED Rob Mas , Pro-Tem De : y Cler o the Board,, Wi�ta(n F. Garcia / ED A j0C I David E. Long JY/ Attorney c•--j\p4.9(erecklyeicakits Dou s Rad acher Date of signature: 1-4()cyliO 2008-1106 (V) • /i PL , 4-pit EG0058 OS --t» -U Kele MEMORANDUM ' TO: Clerk to the Board DATE: April 8, 2008 C. FROM. Leon Sievers, Public Works COLORADO SUBJECT: Agenda Item Please submit the following items for the Board's next agenda: ➢ Agreement Concerning Purchase of ROW for Certain Improvements to WCR 13 with Susan J. Troudt and Carla J. Hobbs aka Carla Johnson Hobbs and Marian J. Stratton, deceased, aka Marian J. Bottinelli, deceased. The appropriate documentation is attached. M:\Francie\Agend-Leon.doc 2008-1106 • AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN SUSAN J. TROUDT AND CARLA J. HOBBS A/K/A/ CARLA JOHNSON HOBBS AND MARIAN J. STRATTON, DECEASED, A/K/A/ MARIAN J. BOTTINELLI, DECEASEDAND WELD COUNTY, COLORADO THIS AGREEMENT is made this )Uth day of Mark dA- , v, 2008, by and between Susan J. Troudt, Carla Johnson Hobbs A/K/A/Carla Johnson Hobbs and Marian J. Stratton, Deceased, A/K/A Marian J. Bottinelli, Deceased whose address is 14491 Weld County Road 5 Longmont, CO 80504 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 previously agreed to sell the property described in the attached Exhibits "A" hereinafter referred to collectively as "Right-of-Way" on June 4, 2007, 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 which requires the removal of a diversion box and relocation of an irrigation ditch shown in attached Exhibits "B" and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. County agrees to compensate the Owner the sum of$ 13,800.00 for replacement of the diversion box and replacement of the irrigation ditch with 10" gated pipe between stations 173 and 176 required to be removed as a result of construction of Weld County Road 13. Owner agrees that this payment represents full compensation for the structures and that no further claims will be made for these facilities. 1 1 111111 11111 111111 1111111111 11111 111111 III IIII11111 IIII 3550763 04/30/2008 12:18P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder atr p._ //D to 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. OWNER: SUSAN J.TROUDT AND CARLA J.HOBBS A/K/A/CARLA JOHNSON HOBBS AND MARIAN J. STRATTON, DECEASED, AIK/A/ MARIAN J. BOTTINELLI, DECEASED By: )4<.C4a.N O� Date: 3 - ab — a� lGlr Aixe By: t. -4... e4.=. F: Date: 3/2414 8 C s 3464 as Date: !' ATTEST: > /' ' ~ z RD OF COUNTY COMMISSIONERS LD COUNTY, STATE OF ADO Weld County Clerk to the Board C By: C//'->G � S%/Li i BY: "—) Deputy Clerk to the Boar William H. Jerke, Chair APR 1 4 2008 ATTESTING TO BOARD OF COUNTY -.. ,iISSIUNER SIGNATURES ONLY 2 11111111111111111111111 111111111111111111111111 II11 I11I 3550763 04/30/2008 12:18P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder cpoCB—//O&' • , EXHIBIT "A" PROPERTY DESCRIPTION (1 of 2) A parcel of land, for Weld County Road No. 13 (WCR13) Right-Of-Way, being a part of that parcel of land described in that Special Warranty Deed (SWD) recorded July 9, 1971 in Book 649 as Reception No. 1571288 of the records of the Weld County Clerk and Recorder (WCCR), located in the Southwest Quarter (SWI/4) of Section Seven (7), Township One North (T.IN.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The Easterly Sixty (60) feet of the Westerly Ninety (90) feet of that parcel of land described in said Reception No. 1571288 lying North of the North Right-of-Way (ROW) line of Weld County Road No. 10 (WCR10) as established by that Resolution recorded October 14, 1889 in Book 86 at Page 273 of the records of the WCCR,,said ROW line being Thirty (30) feet North of, as measured at a right angle, and parallel with the South line of said SW1/4. Said parcel contains 3.573 acres, more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. C-) ,-:AGJ4 it ://A-4,('' KGg 31k 3499 2_OO_1 Steve o " Illut lc-_ behalf of King Surveyors, Inc. Colorado egtered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970)686-5011 111111111111111111 IIIII 1111111111111111III 1111111111111 IN: 2004295 3550763 04/30/2008 12:18P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder M:\2004295\property descriptions\ROW-14-PROP-DESC.doc Last printed 2/19/2007 3:02 PM TROUDT, BOTINELLI & HOBBS RIGHT-OF-WAY SW1/4 SEC.7, T.1N., R.67W. WEST QUARTER CORNER (2 of 2) CENTER QUARTER CORNER SEC. 7, T.1N., R.67W. SEC. 7, T.1N., R.67W. THERE/S AN EASEMENT TO WE AMER/CAN TELEPHONE AND flqCION® I TELEGRAPH COMPANY FOR A COMMON/CATION SYSTEMS EASEMENT CarraNVOWD1L772 I /N 77/E SEr/4 SEC. 7, T.1N., R.671( THE EASEMENT/5 16.5' iffDE a ma mawI WE WESTERLY BOUNDARY OF THE EASEMENT/S J' NEST AND PARALLEL /11TH THE F/RST CABLE LA/D. LOCATION CANNOT BE NOTE: This exhibit DE7ERM/NED FROM DEED(51074 P486) drawing is not intended I WERE/S AN EASEMENT TO WE AMER/CAN TELEPHONE AND to be a monumented um en t ed TELEGRAPH COMPANY FOR TELEPHONE AND TELEGRAPH L/NES/N land survey. It's sole SEC. Z T.1N., R.67H! DEED STATES 71/AT CENIERL/NE OF POLE purpose is as a graphic 0 L/NE TO BE MA/NTA/NED 1N7H/N 7HE L/M//T OF 77/E H/GHWAY NOT representation to aid in II MORE 77/AN ONE FL/LL GUYED /'F/X7URE "ILL BE CONS/RUC D the visuolization of the written property qI1 ALONG SA/D PROPERTY S.909 P46) description which it c,\ accompanies. The O THERE/S A 30'PIPELINE EASEMENT TO AMOCO written property �I PRODUCT/ON COMPANYLOCA7ED APPROX/MA7ELY description supersedes FROM THE 2/4 CORNER OF SEC. 7, T.1N., 8.6711 the exhibit drawing. THENCE /kES ERLY/N PART PARALLEL /11W AND /N PART OP'ERLAPP/NC A P.EP.C. EASEMENT TO THE KES1MOST BOUNDARY. L OCA7/ON CANNOT BE '� DETERM/NED FROM DEED.(8860 REC. NO. 17824602 C:: 1 SUSAN' .1! MMerin;VII S MARLIN 2 .BOThWRLLT a 300 150 0 300/ qII CARLA JOHNSON SORIRS' / 13649 REC. ma b4712& II 1 "= 300' / / I 50'PANHANDLE EASTERN P/PE L/NE COMPANY / / TSS I EASEMENT.(8850 REC. NQ >7724452 rm ( ( _ 1 _/ / �r F RFCNO 3224Stif III-Ili 60' RIGHT-OF-WAY PER ACCEPTED ROAD VIEWER'S REPORT DATED 4-17-1884 III d RECORDED 4-18-1884 848 P109mims I mom Ir. mP A ".Yrmom m .0, •e• A !` H'\, ---30' Q r I -n' 3495 G'OT7ONW'OOR LW �e.-.. r a no 'on II --60' Steven 'IXdLP sThehalf of King Surveyors, Inc. _ I Colorado egistered Professional Land Surveyor #34995 mim ii 50'PANHANDLE EASTERN P/PE L/NE COMPANY-- r EASEMENT.(8850 REG. NO. 1772445) SOUTHWEST CORNER �\ ' mmm SEC. 7, T.1N., R.67W. L��7� - �� -- SOUTH QUARTER CORNER i I I' R.67W.- - -- SEC. 7, T.1N., R.67W. ,x / I T0'IANHANOLE EASTERN P/PE L/NE COMPANY 7 / EASEMENT.(8771 REC. NO. 1693414) / J 30' R.O.W. PER WELD COUNTY 10'UN/ON RURAL ELEC7R/C ASSOC/4770N -__ [RESOLUTION OF 1889 EASEMENT: REC. NO. 1728668)1 _ .T _ LDCOIlNTYRO�IDNO.10 _ - I6. KING SURVEYORS, INC. PROJECT NO:2004295 650 Garden Drive I Windsor,Colorado 80550 DATE: 02/13/2007 i CLIENT:FHU phone: (970) 686-5011 I fax: (970) 686-5821 DWG:ROW—14—TROUDTBOTINELLIHOBBS www.kingsurveyors.com DRAWN: MCD CHECKED: SAL EXHIBIT "B" . �\, STARFIRE J )' • CONSTRUCTION Robert H. Bell ;'•,-'7C.:!:::',,;;.,-, 5524 WCR 37 `' } 1 `� Fort Lupton, CO 80621 'jam` , ,. t. E1 3 hxM 03) 536-9955 .Ik,. t v �i f' b•- ice/ a /Orig . O x k l / ..?. . •..,, 1,1Pg�� A RbeF/.d��S• '`4t /O /L- 3— IS/.c/ '+r liptEX� // it/EA,'�"ql. 1A1 Alvef sae: 1 G f too, • -'L. ...• , ..„..-r—.~--- .� —. ? .. it t .i: ?, 1, i, t ��2 �� G '1;!r'' '' el re (e/4 s,4�`ay e-,,) ,f�- an • 0 1 N / i i5 �grSl f r, .. . ri f , . /{/� A , rarr , _, 34 ,, ,....„,„,,:.______,..........6 . .„,/. .. , f.' ... ,____. e ,:. •fi ? ioa .r:--:-..--7.-- C :>uakt e rc k. 70-7-4-0,‘ inLe ao Go 111111111111111111111111111111111111111III 11111 IIII I0 3550763 04/30/2008 12:18P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Ed WJ0£:80 800? 8T '-WW • 'ON SN0Hd swa2d 6oH uolsuyot Mar 17 OS 08: 15a Sandy S7U-493-7t4U p.C ZIMMATIC QUOTE SUPERIOR IRRIGATION AND ELECTRIC Quota JNSAVED ____em. 115 E.CENTRAL AVENUE WIGGINS,CO 90854 Date: )3117/08 Phone:970433-7247 Fax:970453-7248 Sales Rap.: Sandy Quote To: Ship To: DARRELJOHNSTON Qty Description 1,900 ^o"GATED PIPE a 3.90 per 4 G PVC GATE VALVES — 2 4.5.00 per valor -..-- "Srengt to Build On" Sub-Total: $8,080.00 Sales Tex 80.00 Freiiht _ 50.00 Tofak $aAa0.00 Ed WH0£:80 8003 ST 'aEW : 'ON 2N0Hd swJEd 6oH uoi.su4Or : WE Hello