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Home My WebLink About20071056 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WCRS 3 AND 1.5 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - CAROLYN WHITE 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 Purchase of Right-of-Way for Certain Improvements to Weld County Roads 3 and 1.5, 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 Carolyn White, 5286 Weld County Road 3, Erie, Colorado 80516, commencing upon full execution, with further 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 Purchase of Right-of-Way for Certain Improvements to Weld County Roads 3 and 1.5, 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 Carolyn White, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of April, A.D., 2007. BOARD OF COUNTY COMMISSIONERS ii4a WELD NTY,FO7O ATTEST: � ,si'�t w.. ` •'^., � vid E. Long, Chair Weld County Clerk to the : '= / • il) ! j / i't�e William J ke, ;/to-Tem BY:�- �diL De ty Cle to the Bo Willia F. Garcia pp ((�� APPR D AS iNc _ Robert D. Mas en ___.----'2---y--2_._ ��`` 777„ un y ttorney �� ougl Rademac er Date of signature: M.C2 2007-1056 (;(7 ; /et) /L //VA_ EO0056 ' a rit MEMORANDUM TO: Clerk to the Board DATE: 4/11/2007 C. COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Agenda Item Agreement for Conveyance of Easement Concerning Purchase of Right-of-way for Certain Improvements to WCRs 3 and 1.5 with Carolyn M. White Enclosed is one original agreement. Enclosures M:\Francie\Agend-Leon.doc 2007-1056 Rj AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 3 & 1.5 BETWEEN CAROLYN M. WHITE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 5rtd day of APR 11_2007, by and between CAROLYN M. WHITE whose address is 5286 WCR 3 Erie, Colorado 80516, hereinafter referred to as"Owner',and the County of Weld,a body corporate and politic of die 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 3 & 1.5, and WHEREAS, Owner owns the property described in the attached Exhibit "A" and 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 Five Thousand Four Hundred Sixteen and no/100 ($5,416.00) 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. 3. County agrees to pay the costs of title insurance and recording fees, if necessary 111111 11111 1111 tat III 1111111 1111111111111 3473457 05/03/2007 01:40P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 3 Eas 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 o U herein, and no oral representation, promise, or consideration different from the mim v terms herein contained shall be binding on either party, or its agents or lag3 s employees,hereto. This Agreement embodies all agreements between the parties mim a 0 hereto and there are no promises,terms,conditions,or obligations referring to the av subject matter whereof other than as contained herein. _T NCO _,� 5. Although the date of the transfer of the Right-of-Way shall be the date of the —O - delivery of the documents of conveyance, it is expressly agreed by the parties a 04 o hereto that upon execution of this Agreement by County and Owner,County, its contractors,agents,employees,and all others deemed necessary by County shall a cc �a, have the irrevocable right to possess and use all of the Right-of-Way for the ag o purpose of said rebuilding and improvement project. Date of payment of vii 0., 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 will reimburse the Owner the Sum of Three Hundred and no/100 ($300.00) dollars for the execution of the Temporary Construction Easement form as attached hereto. 9. County will reimburse the Owner the sum of One Thousand Five Hundred and no/100($1,500.00)dollars for the value of fencing being removed due to the new road construction. The fencing being removed is described as all fencing lying within the new road right-of-way. 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. P:\WELDCNTY\C40#I0A\While\agreement White 3-9-07.doc Page 3 of 3 OWNER: CAROLYN M. WHITE OWNER: Carolyn M. W e AT Efi Gam/( BOARD OF COUNTY d `tta't e Board COMMISSIONERS OF WELD 1861 - �g ` - 1 C TY, STATE OF COLORADO c7 _r Or?) b5- — ,, '';. ) . ELI) By: ' 1/7 'Sfriliirc)-- BY: Oi Deput e Board David E. Long, Chair ATTESTING TO BOARD OF COUNTY APR 1 6 2007 COMMISSIONER S,GNATURES ONLY 1 111111 11111 111111 I'll 11111 111111 111111 111 11111 110 IIII 3473457 05/03/2007 01:40P Weld County, CO 3 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder P\W ELDCNTY\C40#I0A\White\agreement White 3-9-07.doc &ec2-ios6 EXHIBIT MAP - B ROW.5-TINQ ION R68W WEST 1/4 CORNER S5-TIN-RBBW FOUND /e REBAR W/2-1/2' ALUM. CAP STAMPED GREENHORNE & OMARA LS /28656 AS PER MONUMENT RECORD 40' R.O.W. FOR IRRIGATION DITCH FILED 4-5-1994 \ ` LOWER BOULDER RESERVOIR AND `' DITCH COMPANY BK. 489 PG. 223 -I- r..-20' WATERLINE EASEMENT I - 30' I I CI, 4 CAROLYN M. WHITE RE-1593 LOTA Cr) 4 l al N / k....) P, / 0 MII0 CD CC �Ca,p 10' RIGHT OF WAY mow�' o j ACQUISITION AREA I � % _ / 3 /---io =T oo / e C a*1 —00 nom IJO O / -aj10 / �n O I / / I / SOUTHWEST CORNER (li cite-t;rs oN,4\\ S5-Tl N-RBBW FOUND 3' BLM BRASS CAP WELD COUNTY VIDr PUBLIC WORKS DEPARTMENT . WELD COUNTY ROAD 3 DRAWN: JHB SHEET RIGHT-LD U ACQUISITION AREA OWNER: CAROLYN WHITE DATE: 2/8/07 COLORADO EXHIBIT MAP SCALE: 1"=100' 1 of 2 EXHIBIT - B A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF RECORDED EXEMPTION NO. 1467-05-3-RE 1593, LOT A, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION #02388630, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 10.00 FEET OF THE WESTERLY 40.00 FEET OF THE SOUTHERLY 590.00 FEET OF SAID RECORDED EXEMPTION NO. 1467-05-3-RE 1593. SAID PARCEL CONTAINS 5,900 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM RECORDED EXEMPTION NO. 1467-05-3-RE 1593. FOR AND Bn8 Ilµl '^NL COUNTY COLORADO je 23520 LEON W% ERS PLS-:.2R�520 qoolitliwo 1111111111111111111111111 11111111111111111„1,1111 *e'en n Clerk&Re�� 1111 06103 p0 413451 .00 0 p' rs WELD COUNTY ' PUBLIC WORKS DEPARTMENT Vlik WELD COUNTY ROAD 3 DRAWN: JHB SHEET RIGHT-OF-WAY ACQUISITION AREA OWNER: CAROLYN WHITE DATE: 2/8/07 COLORADO EXHIBIT SCALE: I"=100' 2of 2 .,00,7,,45---6 MEMORANDUM wineTO: Clerk to the Board DATE: 5/30/2007 COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Consent Agenda Item Temporary Construction Easement with Carolyn M. White for improvements to WCRs 1.5 and 3. Enclosures M:\Francie\Agend-Leon.doc C) ac.C < i— In w �o Cl)r) o `D C fri g o co cn 2oc 7 - G h (PO Ptu, Pt, 44it-k-- 1j TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between CAROLYN M. WHITE, whose address is 5286 WCR 3 Erie, Colorado 80516, Grantor 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, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for extra grading and shaping of the roadway ditch during the construction of improvements to Weld County Road 3 & 1.5, in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT "A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: Said Temporary Construction Easement shall expire one year after commencement of construction. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures, which may interfere with Grantee's full enjoyment of the rights hereunder. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00) dollars for the execution of this Temporary Construction Easement. IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. MID 11111 111111111111111 111111 11111 III IIII1 IiII IIiI 3484189 06/18/2007 04:02P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder dce 1-/DsE Page 2 of 2 OWNER: CAROLYN M. WHITE .64 cici,d, 717 7,62 L Carolyn M. White STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing Temporary Construction Easement was acknowledged before me this /7 day of Ito , 20C by Carolyn M. White, Owner. Witness my hand and official seal. intittuip Notary Public Sr � 4044 \ My commission expires: Z,i7�Ioio ION.law s®®eyOF C0eP�� GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: A(1/1 ! t ELM OUNTY OF WELD, STATE OF vVOL DO, GRANTEE u De u y Cle 4(to the Boar avid E. Long, Chairman, o of p,�AAA`4 ��;_;�Count:y Commissioners ��IIJJ JUN 0 4 2001 HRH 11111 1111111111111111 111111 11111 IM lIII IIII 3484189 06/18/2007 04:02P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder P:AWELDCNIYVC4014 10AAWhiteAtemporary easement White 3-9-07.doc EXHIBIT - A A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF RECORDED EXEMPTION NO. 1467-05-3-RE 1593, LOT A, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION #02388630, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 10.00 FEET OF THE WESTERLY 40.00 FEET OF SAID RECORDED EXEMPTION, EXCEPTING THE SOUTH 590.00 FEET. SAID PARCEL CONTAINS 3,010 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM RECORDED EXEMPTION NO. 1467-05-3-RE 1593. uunu�, {y FOR AND Elke.%S�K COUNTY COLORADO LEON W. S PLSO 111111 IIIII Bil dt III 3484189 06/18/2007 04:02P Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ' T WELD COUNTY IPUBLEC WORKS DEPARTMENT WEL D COUNTY ROAD 3 S DRAWN: SIB SHEET TEMPORARY : CLR0LYNVI EASEMENT COLORADO/� OWNER: CAR0LYN WHITE DATE: 2,d/p) COLORADO EXHIBIT SCALE: I" 2 OF 2 EXHIBIT MAP - A TEMP TON T. ESMT. SS W CT 1/4 CORNER S5-T1N-1288W FOUND r RERAN W/2-1/2.ALUM. CAP STAMPED GREENHORN(&OMAHA LS/20850 AS PER MONUMENT RECORD 40' H.O.W. FOR IRRICAIION DITCH R1 0 4-5-1994 ` LOWER BOULDER RESERMIR AND DITCH COMPANY BI, 489 PC. 223 I --- ' TEMPORARY lif I CONSTRUCTION EASEMENT --ID'10 -I J0. _. CAROLYN M.WHITE RE-1593 LOTA M N U N n M Ln • 0 in II — 20' MENTIME - 5- E—EASEMENT O lia O =0 CC O Ila 111 -ac = N =O O O C — �'O N -n d �a > =o.. ..N -00 - O Ill ^O SOUTHWEST CORNER....... 55-55-TIN-12613W —'-r ft 0 �\1 FOUND---R BLM BRASS CAP N —-r0 WELD COUNTY —c WID cc PUBLIC WORKS DEPARTMENT - a WELD COUNTY ROAD 3 DRAWN: JHB SHEET LFM VOOWN :CONS MUG EASEMENT ..- OWNER CAROLYN Mill E DATE: 2/9/07 � O COLORADO EXHIBIT MAP SCALE: I"=IOU 1 OF 2 n MEMORANDUM ' TO: Clerk to the Board DATE: 5/30/2007 C. COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Consent Agenda Item Deed of Dedication with Carolyn M. White for improvements to WCR 3. Enclosures M:\Francie W gend-Leon.doc o C;),..- 171 r 12 CA ...0 w n� it 0 `nO act -c 0 1j DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that CAROLYN M. WHITE, whose address is 5286 WCR 3 Erie, Colorado 80516, being all of the owners of certain property in Weld County, Colorado, which is described in the attached Exhibit "B", do(es) 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: CAROLYN M. WHITE Carolyn M.'White STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /7 day of M/9Y , 20O7, by Carolyn M. White. Witness my hand and official seal. �x�`� Y� �.917� ((WM? tiy0�ia� UBL�GQi"-',9 , tv My commission expires: /r/rots ��°°'s OFGO �Q�``` 1111111 11111 11111111111 11111 III 11111111 III 11111 11/11111 3484190 06/18/2007 04:02P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 4th day of June , 2007 . ATTEST: 1114414/11-4 4 /11-4 COUNTY OF WELD, A BODY CLERK TO THE BOARD OF „<<;:nry,4 A ORPORATE AND POLITIC OF THE COUNTY COMMISSIONER OF/ :" � #4,6 TE OF COLORADO THE COUNTY OF WELD •` ` I B • 'Lbt ,1 thI r"CCIC)✓I Nk'S ,,rA Y: es C: Depu lerk`-to the Board David E. Long, Chair, BO OF COUNTY COMMISSION S OF THE COUNTY OF WEL JUN 0 4 2007 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 4thday of June 20 07,by, David E. Long Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official se .." toN " ••.. 7ec, .1 �l `ej ' I 01OTARy `: Notary Public l - : ' s�:,PUBLIC : My commission expires: µ„Cnmmiscinn FWires.May 15.2010 1111111 IIIII IIIIII IIIII 0111 III 13111111 0111 IIII IIII 3484190 06/18/2007 04:02P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder NC07- /Cs 6 EXHIBIT - B A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF RECORDED EXEMPTION NO. 1467-05-3-RE 1593, LOT A, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION #02388630, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 10.00 FEET OF THE WESTERLY 40.00 FEET OF THE SOUTHERLY 590.00 FEET OF SAID RECORDED EXEMPTION NO. 1467-05-3-RE 1593. SAID PARCEL CONTAINS 5,900 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM RECORDED EXEMPTION NO. 1467-05-3--RE 1593. FOR AND B�ktAti it WEL /COUNTY COLORADO ? " - - 23520 LEON W.= IRS PLS; 520 S 9 v � d -▪ OCC V _ -▪ Cc. e 0 • 8 S▪ USI ;12 N O -3l d a d 0 0 N ci XOO O y n aus Tr_O CJ C WELD COUNTY c� WIPUBLLCWORKSDEPARTMENT� WELD COUNTY ROAD 3 DRAWN: JHB SHEETammo o OTf RIGHT-OF-WAY ACQUISITION AREA T ^ OWNER: CAR0LYN WHITE DATE: 2/8/U/ /'/� l�/ a3 O COLORADO EXHIBIT SCALE: I"•100 2 Or 2 co EXHIBIT MAP B R.O.W. ION 5-TIN-R68W WEST 1/4 CORNER S5-TIN-R88W FOUND/B REBAR W/2-1/2" ALUM. CAP STAMPED OREENHORNE&OMARA LS•28656 AS PER MONUMENT RECORD 40' R.D.W. FDR IRRICATIDN DITCH FILED 4-5-1994 `_ LOWER BOULDER RESERvpR AND DITCH COMPANY BK. 489 PG. 223 \ -.- F-20' WATERLINE af. II EA XIENT 3 I a / CAROLYN M.WHITE RE-1593 LOTA Cr) N U N / / 10' RIGHT OF WAY o i ACQUISITION AREA o/ I in /r—ID• / / / / / a / CD __I g o CC v ge / = =°' I mc = \//I _�D 2.3,Y as a .n .f -Oy Co- G SOUTHWEST CORNER SS-TIN-MR r...G I//// FOUND 3" DIAL BRASS CM --•-.- N o CO O WELD COUNTY a m c• W IlD PUBLIC WORKS DEPARTMENT ma o� WELD COUNTY ROAD 3 DRAWN: JHD SHEET cr C a,, ' RIGHT-OF-WAY ACQUISITION AREA r • OWNER: CAROLYN WHITE DATE: LB/07 ap�O COLORADO EXHIBIT MAP SCALE: I =IOU 1 OF 2 a p CO v Hello