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Home My WebLink About20072833.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 - PAUL LANDWEHR 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 Paul Landwehr,6200 County Road 12,Dacono,Colorado 80514, 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 Paul Landwehr 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 5th day of September, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELI%PUNT,, COL'OR DO ATTEST: gtc. ' avid E. Long, Chair Weld County Clerk to the < - Pot �u lath Gi William Jerk �•r%-Tem BY: Dep y Cler to the Board William F.. Garcia n APPRS3t M: S R 4"�L Robert D. Masden C y Attorney_ C{)4 t,l-‘-nr- Dougla Rademach r Date of signature: Itad7 2007-2833 EO0056 /0 -OK-D7 Kita MEMORANDUM 'D • TO: Clerk to the Board DATE: 8/27/2007 FROM: Leon Sievers, Right-of-Way Agent COLORADO SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to WCR 13 with Paul L. Landwehr aka Paul Larry Landwehr The appropriate documentation is attached. M:\Francie\Agend-Leon.doc ti v ern 0 " 30 N rTl ap N D mD rnZi w N 0 2007-2833 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN PAUL L. LANDWEHR AKA PAUL LARRY LANDWEHR AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 31`' day of ,,,jer, 2007,by and between Paul L. Landwehr aka Paul Larry Landwehr whose address is 6200 County Road 12, Dacono CO 80514 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 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, Owner owns the property described in the attached Exhibits"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 in Exhibits "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of EIGHT THOUSAND FOUR HUNDRED FIFTY and 00/100 ($8,450.00) 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. 1 11111111111111111111111111111 1111 111111111111111111 1111 3507981 10/01/2007 03:10P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aOo7-4833 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. General taxes for the year 2007 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. County agrees that relocation of gas meter right of approx. station 204.75 will be obligation of the County or Gas Company and the Owner will not be charged for moving the gas meter. 2 111111111111 11111111111111111 1111 111111 III 11111 Milli 3507981 10/01/2007 03:10P Weld County, CO 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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: PAUL L. LANDWEHR AKA PAUL LARRY LANDWEHR By: ea i��agLe Date: 01/0 7 A ITEST: 0 } ,,(/ ., BOARD OF COUNTY COMMISSIONERS V (J�, OF WELD COUNTY, STATE OF O �' ,'• „y 4 OLORADO M� Weld County Clerk to the B I By: / .ter'- .ti .., s� �i.�s` BY: eputy Clerk (the Board David E. Long, Chair S P 0 5 2007 3 111111IIIII111111IIII1111111IIII1 gi III IIIII IIII IIII 3507981 10/01/2007 03:10P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 02007- G82 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 Quit Claim Deed (QCD) recorded February 19, 1981 in Book 928 as Reception No. 1850043 of the records of the Weld County Clerk and Recorder (WCCR), located in the Northwest Quarter (NW1/4) of Section Seven (7), Township One North (T.1N.), 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 Thirty (30) feet of the Westerly Sixty (60) feet of that parcel of land described in said Reception No. 1850043. Said parcel contains 17,141 sq. ft., 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. Ara— Rc3 R€..s. ' 34995 "ace1 Steve . ehalf of King Surveyors, Inc. Colorado e is ered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970)686-5011 I IIIIII11111111111111111111111111111111III1111111111111 3507981 10/01/2007 03:10P Weld County, CO IN: 2004295 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\ROW-27-PROP-DESC.doc Last printed 2/22/2007 10:21 AM PAUL LARRY LANDWEHR RIGHT-OF-WAY NWZ SEC. 7, T.1N., R.67W. I ii1 ' I II I (2 of 2) I NORTHWEST CORNER SEC. 7, T.1N., R.67W. — — — — — — - WELD COUNTYROADNO. 12S ,..") _ ainsisa wID" c r I� lig m O IligH THERE IS AN EASEMENT TO PANHANDLE EASTERN PIPE N LINE COMPANY FOR THE TRANSPORTATION OF 0/4 GAS ETC. /N THE N'/, OF THE NWIle SEC. Z T.1N., R..67H! LYING NORTHERLY& WESTERLY OF BULL CANAL EXCEPT THE NORTH 274.0" OF THE NEST 486.78: LOCATION CANNOT BE OETERM/NEO FROM DEED/B8.90 200 100 0 200 B890 REC. NO. 'a M 181/667) Oi! Ft 1 "= 200' V I N w PAUL LARRY LANDWIEFIR Q 185129 aMO. 1 3 IS4GE2NED w.L4OE I.[.C �Ll —30' RISC Fla 3286W44 et . 4S pE,` 7- 60' RIGHT—OF—WAY �v p' Nan l PER ACCEPTED ROAD VIEWER'S REPORT DATED 4-117-1-1 884 pyNp �•" I RECORDED 4-18-1884 848 P109 U:'°.(c QG' r , : 34995 ' 17 cio'A •�HowvARD x a zm s rt, EEC ma 23)473 Steven •,,,�.R , ehalf of King Surveyors, Inc. 'a Colorado Regi Professional NILE &yp/TCH Land Surveyor #34995 aks.5TH / NOTE: This exhibit drawing is not intended ` / / to be a monumented land survey. It's / sole purpose is as a graphic THERE/S AN EASEMENT TO THE AMERICAN TELEPHONE representation to aid in the visualization AND TELEGRAPH COMPANY FOR TELEPHONE AND of the written property description which / / TELEGRAPH LINES IN SEC. Z T.IN., R.67W DEED STATES it accompanies. The written property . ' THAT "CENTERLINE OF POLE LINE TO BE MAINTAINED description supersedes the exhibit drawing. / / Nf7H/N THE LIMITS OF THE HIGHWAY& NOT MORE THAN I ONE FULL GUYED 2/'f7XTI/RE HILL BE CONSTRUCTED II ALONG SAID PROPERTY(8909 P46,) I WEST QUARTER CORNER I)v...--rSEC. 7, T.1N., R.67W. 41 T KING SURVEYORS, INC. PROJECT ROF CT�N0:004295 111111 III 111111111111111111111111111 III 11111 ll IIII CLIENT:FHU DWG:ROW-27—LANDWEHR 3507981 10/01/2007 03:10P Weld County, CO DRAWN: MCD CHECKED: SAL 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Paul L. Landwehr aka Paul Larry Landwehr, being all of the owners of certain property in Weld County, Colorado which is described in the attached Exhibit "A", do hereby dedicated 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 the existing easements and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil, gas and minerals if any and shall also retain any and all water rights currently attached or associated with the Right of Way.IL. Landwehr ak i Paul Larr Landwehr Y State of Colorado) ) ss: County of Weld ) The foregoing instrument was acknowledged before me this day of October,L 2007 by: Paul L. Landwehr and Paul Larry Landwehr Witness m .hand and offi al Notary Public Pte' •�ySsx `s i OTAg6t:VP i'• • My commission expires: 1 e / 1)c -1 - 2?-7,', '%%°F My Commission Expires MAY 18,2010 1 111111 11111 1111 11111 11111 111 11111111 III 11111 1111 IIII 3519007 11/21/2007 03:50P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder k�4LZ9 C °c-1- 2:33 /D -a9-o?GD7 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 n'3 —day y of October, 2007. AtegiMal ATTEST: \ E La COUNTY OF WELD, A BODY CLERK TO THE BOARD O COPRORATE AND POLITIC OF COUNTY COMMISSIONE 861 "6. THE STATE OF COLORADO OF THE COUNTY OF WEJ IN By: B � 124 / l9°�� y: ! �/zi �. 1�� Deputy Clerk o the Board ' lu�p►I David E. Long, Chair BOARD OF COUNTY COMMISSIONERS HE OF THE COUNTY O ELD STATE OF COLORADO) )SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this a3- day of October, 2007 by David E. Long, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. NR..p..B�i MELINDA '•: Notary Public GUALANDRI .� My commission expires: I6;n. i3 y ?F .. CW- PAy Commission Expires, 111111111111111111111111111III11111U11111 3519007 11/21/2007 03:50P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • 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 Quit Claim Deed (QCD) recorded February 19, 1981 in Book 928 as Reception No. 1850043 of the records of the Weld County Clerk and Recorder (WCCR), located in the Northwest Quarter (NW1/4) of Section Seven (7), Township One North (T.IN.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6i' P.M.),County of Weld, State of Colorado, and being more particularly described as follows: The Easterly Thirty (30) feet of the Westerly Sixty (60) feet of that parcel of land described in said Reception No. 1850043. Said parcel contains 17,141 sq. ft., 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. jPRG RE'G.(S .1., i. . 34995 ' i -Zoo—1 Steve; + _ �.e•'.ehalf of King Surveyors, Inc. Colorado ' is ered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 M92004295\property descriprions\R O W-27-PROP-DE5C.doc Last primed 2/22/2007 10.21 AM 1111111 11111 111111 11111 11111 III 11111111 III 11111 III' 111' 3519007 11/21/2007 03:50P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • PAUL LARRY LANDWEHR RIGHT-OF-WAY NWY4 SEC. 7, T.1N., R.67W. I IT II I I (2 of 2) NORTHWEST CORNER SEC. 7, T.1N., R.67W. } - - - \ - _ _ _ - I L - j WELD GOUNTYROADNO, 12 - __- I al 10 m 0 1i° THERE is AN EASEMENT TO PANHANDLE EASTERN PIPE r Iry L/NE COMPANY FOR THE 7RANSPORTA 17ON OF O/L, CAS, ETC /N THE 4/16 OF THE N41N414/." SEC Z TIN, R641( L Y1NC NOR/HERL I& NESTERL Y or BULL CANAL EXCEPT f THE NORTH 27413"OF THE CT 48678: L OCA ZION 3 CANNOT SE DETERMINED FROM DEED/8890 REC. NO 200 100 0 200 /811667) I� ,, 1 '= 200' V Ip) 4 PAULRY L4NDWYYELR L.H.':) 1 a 3928 REC. MO. 1 3 , aa p� a NO3]�i 44 A TICS E T-' -30' 60' RIGHT-Of-WAY PER ACCEPTED ROAD VIEWER'S REPORT e11OO FCC F I DATED 4-17-1884 z G'.\\FJdA '•, RECORDED 4-18-1884 B48 P109 o/.F, 5�3499 \IG, o I — • 12sJ O"k •-�ffi7SV RO R. @ LD�4 S ogeNEWYz :. R&C MO 28+4713 Steven ehalf of King Surveyors, Inc. g(lll GANG RCN Colorado Regi te1* Professional N1EYD Lond Surveyor #34995 a_ks.Sld NOTE: ibis exhibit drawing is not intended to be a monumented land survey. It's / sole purpose is as a graphic THERE/5 AN EASEMENT TO THE AMERICAN TELEPHONE representation to aid in the visualization AND TELEGRAPH COMPANY FOR TELEPHONE AND of the written property description which / / TELEGRAPH LINES IN SEC 7, TIN, R67N( DEED STATES it accompanies. The written property THAT "CENTERLINE OF POLE LINE TO BE MAINTAINED description supersedes the exhibit drawing. / / {11TH/N THE LIMITS OF THE HICHWA I& NOT MOVE THAN 1 I ONE FULL CLOW if'/7X/URE HILL BE CONSTRUCTED II I AL OVC SAID PROPERTY%S9O9 P46) WEST QUARTER CORNER I)1i.....----SEC. 7, T.1N., R.67W. KING SURVEYORS, INC. PROJECT NO:2004295 DATE: 02/13/2007 650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU phone: (970) 686-5011 I fax:(970)686-5821 DWG:ROW-27—LANDWEHR www.kingsurveyors.com DRAWN: MCD CHECKED: SAL 11111111111111111111111111 11111111IIIIIIIIIIIIII 3519007 11/21/2007 03:50P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Hello