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Home My WebLink About20071054 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 3 AND 1.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - TERENCE AND JANICE RICE 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 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 Terence and Janice Rice, 4379 Weld County Road 3, Erie, Colorado 80516, 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 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 Terence and Janice Rice 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 16th day of April, A.D., 2007. BOA, COUNTY COMMISSIONERS ate, / �� W EL OUNTY, COLO :ADO ATTEST: /��'^ M ' r " , .„> c A 1861 4 °trivii}=4v , id E. Long, Chair Weld County Clerk to the B rd 3 1 illiam H. JerketPro-Tern BY: tifi1 AM � De ty Cle to the Boar iW Ilia F. Garcia APP V Ar31 Robert . Masdeen unty Attorney (0_rt � DouglasZademacher Date of signature: 11 13[02 2007-1054 EG0056 /l ;�✓ /milft�� 4. KitMEMORANDUM IDC. TO: Clerk to the Board DATE : April 10, 2007 COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Agreement concerning purchase of right-of-way along WCRs 3 and 1.5 with Terence Rice and Janice P. Rice. One original agreement is attached. The appropriate documentation is enclosed: Enclosure M:\Franci e\AgendaS ignature.DOC • 2007-1054 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 3 & 1.5 BETWEEN TERENCE RICE AND JANICE P. RICE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 3 day of/4/27, l , 2007,by and between TERENCE RICE AND JANICE P. RICE whose address is 4379 WCR 3, Erie, Colorado 80516, 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'" 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 Hundred and no/100($500.00) 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 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 I IIIIII IIIII HMI' HM IS 11111111111111111 3473463 05/03/2007 01:40P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ace 2-/Os`f Page 2 of 2 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 ode purpose of said rebuilding and improvement project. Date of payment of • compensation is the date of delivery of the Deed of Dedication. cc "y 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. e e IU C ;v 7. General taxes for the year 2007 for the Right-of-Way shall be apportioned to the �_3 date of delivery of the deed based on the most recent levy and the most recent CL o d assessment. Owner represents and warrants that all general taxes levied prior to IS71:N o o such year have been paid in full by Owner. mom o c 8. County will reimburse the Owner the sum of One Hundred and no/I 00($100.00) S c dollars for the value of fencing being removed due to the new road construction. CI The fencing being removed is described as all fencing lying within the new road Mre right-of-way. CO'a S ri N 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: TERENCE RICE OWNER: JANICE P. RICE '/ER erence Rice ice P. Rice ATTEST: BOARD OF COUNTY Weld County Clerk to the rd COMMISSIONERS COMMISSIONERS OF WELD IR61 /' ' 't ',\\C TY STATE COLORADO By: /fle > BY; \"^ Deputy Clerk to the Board //' vie David E. Long, Chair APR 1 6 2007 ATTESTING TO BOARD OF G0U . GOMM;SsI3'ER SIGNATURES C.ILi P:\W E L DCNTY\C4O41 OA\Rice\agreement Mee 3-9-O7.doc ,AGO 9- /a5/ EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT A, RECORDED EXEMPTION NO. 1467-07-4-RE2199, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 7, ASSUMED TO BEAR NO3'07'09"W A DISTANCE OF 2729.85 FEET, FROM A 3.5" BRASS CAP FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 7; BEGINNING AT A POINT WHICH BEARS SO3'51 '38"W A DISTANCE OF 585.38 FEET FROM SAID EAST QUARTER CORNER OF SECTION 7; THENCE S00'44'40"W A DISTANCE OF 30.00 FEET; THENCE N89'32'26"W A DISTANCE OF 6.38 FEET; THENCE NO0'34'36"E A DISTANCE OF 30.00 FEET; THENCE S89'32'26"E A DISTANCE OF 6.47 FEET TO THE POINT OF BEGINNING; WHENCE SAID SOUTHEAST CORNER OF SECTION 7 BEARS S05'00'54"E A DISTANCE OF 2149.98 FEET; SAID PARCEL CONTAINS 193 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION N TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. �. ..0 REG� ST. P / Ø7*!' ' • '' 49 _ CHRISTO jk 8"P J 9. IA , ; .S. 31158 DATE FOR AND E QF, = CISION SURVEY & MAPPING, INC. ASS 111111111111111111IIIIIIIII1111111 jujIII 11 IIIIIVIII 3473463 05/03/2007 01:40P Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder SHEET 1 OF 2 2007-/O5-q EXHIBIT MAP "A" ��/ N - - 0' °J E1/4 COR. SEC. 7 Ai N T1N, R68W, 6TH PM map/ N FOUND 3" BRASS CAP _ / .. _ a / a =o ' _0 et / — s / o —� a / J C OWNER: // I 141 J roc TERRENCE & JANICE RICE / >2 CC �9 REC. NO. 2617450 I U & 3i i/ 0 a_ a 10' UNION RURAL ELEC. / w r EASEMENT PER et,/ o 3 ( I�c REC. NO. 2047470 /. ', & o 1 �% mckl o =�� c3 / L4 Co; LL a —oc N < —cc / Ul 4 w �a POINT OF m LOT A si / _ BEGINNING ``' RECORDED EXEMPTION _I / -m. NO. 1467-07-4—RE2199 ci RIGHT—OF—WAY In L2 ACQUISRION AREA < Cr N 193 SQ. FT. ± WI a w 3a w d z J �0 I w `°m z 0 E cn 5 a SE1/4 SEC. 7 ` 1') T1 N, R68W, 6TH P.M. a 3OC I Li_ 0I CP: F LOT B c? cc I3 Z o SE COR. SEC. 7 P SE COR. SEC. 7 n [NOT T1 N, R68W, 6TH P.M. 0 T1 N, R68W, 6TH P.M. oFOUND 2.5" ALUM. CAP I FOUND 3.5" BRASS CAP Z ACCEPTED 10' UNION RURAL --le- ...— ELECTRIC EASEMENT PER \ BK. 694, REC. NO. 1616328 \1` 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR. 2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS LINE TABLE AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON. LINE BEARING DISTANCE 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO Ll S00.44'40nW 30.00' SHOW THE LOCATION OF THE EASEMENT(S). L2 N89'32'26"W 6.38' 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND VOID IF IT DOES NOT BEAR THE ORIGINAL L3 N00'34'36"E 30.00' SIGNATURE AND SEAL OF THE PROFESSIONAL LAND L4 S89'32'26"E 6.47' SURVEYOR OR IF ALTERED IN ANY WAY. PEE ET MARK EXHIBIT MAP "A" 111LE JNIILI NI) Y X116 DRH. BY: A.R.S. FILE: WCR 3 WELD ROAD 3 CHKD. BY: J.F.L. SHEET: 2 OF 2 TERRFNCE Se JANICE P RICE —0 1780 S. Bellaire St., Ste. 230 DATE 09/29/06 JOB R6102 Denver, CO 60222 �'— SE7/4 SEC. 7,COUNTY R68W, 6TH P.M. TEL(303)763-9799 FAX:(303)753-4044 SCALE: 1"a30' MEA: 193 SQ. F. COUNTY OF WELD, STATE OF COLORADO (91:e7-74.53/ MEMORANDUM 1111kTO: Clerk to the Board DATE: 5/30/2007 COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Consent Agenda Item Deed of Dedication with Terence Rice and Janice P. Rice for improvements to WCR 3. Enclosures M:\Francie\Agend-Leon.doc c) P 1.,0_3 :cm ri W C.) < V III f+l--4 3 .. :z7-.C Cn ��!' ' 7 (1(1 ' ?IL) , PC- /1i9i-*-- l i37 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that TERENCE RICE AND JANICE P. RICE, whose address is 4379 WCR 3, Erie, Colorado 80516, being all of the owners of certain property in Weld County,Colorado,which is described in the attached Exhibit"A", do(es) hereby dedicate forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(l)(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. OWNF;R: TERENCE RICE AND JANICE P. RICE n •l Terence Rice ice P. Rice STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this '2 f day of Allay , 2007, by Terence Rice and Janice P. Rice. ott9ogifieWitness my hand and official seal. .$' Y' .L. "* A ary Public cn � LIBLIC 46) CO1.Q%.+ My commission expires: Z/il/Zo1d `> '`'eaxuoflnrt,t%% 1111111111111111111��11�i��l i��1��1111��t 3482137 06/08/2007 03S31P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder o?oO2-/DAY 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 , 20 07 . LS, 1,4000—r„,,,, ATTEST: e.. I, Ls, COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONEP PIF d w. TATE OF COLORADO THE COUNTY OF WELD `t>bt Or' —; BY:.. 1fia ' IOU FCdeXrilimm BY: n Deputy erk t the Board , David E. Long, Chair, BOA OF COUNTY COMMISSIONS OF THE COUNTY OF WELD JUN 0 4 2007 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 4th day of June 20 07 ,by, David E. Long Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and officia oN TARP •y -NO ary Public T:,F'UBLIG ,,•' My commission expires:uv rommissinn rNntrec MEW 15 21110 1 111111 11111 11111 IIII 111111 111111 IIII!III II 1111 11 3482137 06/08/2007 03:31P Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder QOe 2/cs>l EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT A, RECORDED EXEMPTION NO. 1467-07-4-RE2199, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 7, ASSUMED TO BEAR NO3'07'09"W A DISTANCE OF 2729.85 FEET, FROM A 3.5" BRASS CAP FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 7; BEGINNING AT A POINT WHICH BEARS 503'51'38"W A DISTANCE OF 585.38 FEET FROM SAID EAST QUARTER CORNER OF SECTION 7; THENCE 500'44'40"W A DISTANCE OF 30.00 FEET; THENCE N89'32'26"W A DISTANCE OF 6.38 FEET; THENCE NO0'34'36"E A DISTANCE OF 30.00 FEET; THENCE 589'32'26"E A DISTANCE OF 6.47 FEET TO THE POINT OF BEGINNING; WHENCE SAID SOUTHEAST CORNER OF SECTION 7 BEARS 505'00'54"E A DISTANCE OF 2149.98 FEET; SAID PARCEL CONTAINS 193 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION N TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. lfais •• 'P WCHRISTO"jt112-'P I,IA S. 31158 DATE FOR AND Va I- .:E1 QF , CISION SURVEY & MAPPING, INC. �4SJQ', • P 111111 11111 111111III111111111111111111111 11111 1111 I I I I 3482137 06/08/2007 03:31P Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder SHEET 1 OF 2 EXHIBIT MAP "A" ry0/ ry E1/4 COR. SEC. 7 TIN, R68W, 6TH PM 00, N FOUND 3' BRASS CAP iff OWNER: I M TERRENCE & JANICE RICE REC. NO. 2617450 ,A, I U o 0 ¢ la / 10' UNION RURAL ELEC. i Q EASEMENT PER ,C./ z 30 0 REC. NO. 2047470 ,., ir ,y ._.r. m i —I— — I tit: m 1 poi 5 L4 % u $ LOT A / -POINT OF m w BEGINNING r0 i- RECORDED EXEMPTION J/x-i NO. 1467-07-4-RE2199 I / w RIGHT—OF—WAY W L2 ACQUISITION AREA LI LI N 193 SQ. FT. ± `woI 'am w 8 . _ z mm J MM. d WI em• C Ict Q �O ara0Ce vl 5 SE1/4 SEC. 7 13 M �� c TIN, R68W, 6TH P.M. EC I 11) —-CCIw O arm. 3Z 3 J: � o 1 O. LOT B ¢ I₹ —+- D 4 o y z rSE COR. SEC. 7 —_O2 of SE COR. SEC. 7 0 �T1N, R68W, 6TH P.M. o G Io T1 N, R68W, 6TH P.M. o FOUND 2.5' ALUM. CAP — G ? FOUND 3.5' BRASS CAP z NOT ACCEPTED _fr O — Na O9 10' UNION RURAL - �— N ELECTRIC EASEMENT PER ICO C BK. 694, REC. NO. 1616328 \ 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS a C O• I r OF THE COUNTY ASSESSOR. nta 2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY -MCC DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER N"- YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT Ma_C1 p MAY ANY ACTION BASED UPON ANY DEFECT IN THIS eF SURVEY BE COMMENCED MORE THAN TEN YEARS -M 1 LINE TABLE AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON. LINE BEARING DISTANCE 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO L1 500'44'40"W 30.00' SHOW THE LOCATION OF THE EASEMENT(S). L2 N89'32'26"W 6.38' 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND VOID IF IT DOES NOT BEAR THE ORIGINAL L3 N00'34'36"E 30.00' SIGNATURE AND SEAL OF THE PROFESSIONAL LAND SURVEYOR OR IF ALTERED IN ANY WAY. L4 589'32'26"E 6.47' DD�p[pp(ryT�ryy�I(��[y 1��I��I�1 Iy1XHIBIT MAP "A" NEU�llll,lRi1f �)�(YN Illy. oeN. er: A.P.S.AR.5. RAE: WCR J WELD COUNTY ROAD 3 (]Mp. gy.J.F.L. SNEER 2 OF 2 TERRENCE &JANICE P RIOT' 1780 S. Bellaire St. fits. 230 DATE 09/29/06 JOB I.R6102 SEl/{ SEC. 7, TIN. R66W, 6TH P.M. irli, Denver, CO 80222 I� �, 194303)753-9799 FAIE(303)]6J—e044 SCALE: AREA: 193 54. FT. COUNTY OF WELD, STATE OF COLORADO Hello