HomeMy WebLinkAbout20072834.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 - FRANK ELLIOTT
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 Frank Elliott, 5543 County Road 13, 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 Frank Elliott 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
WE OUNTY, C L RADO
ATTEST: d
avdp—
r,` � te, avid E. Long, Chair
Weld County Clerk to the oa
i 1 � ti1 William . r ro-Tem
BY: I
De ty Cle to the Bo
Willi F Garcia AP VED AS ORM: J �\1` Qr----
Robert D. Masden
ty orney { ,G"rno.okZ_
ouglas ademache
Date of signature: 61 J I ID 7
2007-2834
CO �u EG0056
F L / f�{'Pc, (0
a
MEMORANDUM
lID • TO: Clerk to the Board DATE: 8/28/2007
FROM: Leon Sievers, Right-of-Way Agent
COLORADO
SUBJECT: Agenda Item
Agreement Concerning Purchase of ROW for Improvements to WCR 13 with Frank A.
Elliott
Enclosed are two duplicate original Agreements. Please send one signed agreement back as
soon as it is signed.
The appropriate documentation is attached.
M:AFrancieAAgend-Leon.doc
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2007-2834
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD
COUNTY ROAD 13 BETWEEN AND FRANK A. ELLIOTT,AND WELD COUNTY,COLORADO.
(A.ELLIOTT,AND WELD COUNTY,COLORADO.
THIS AGREEMENT is made this 1 ) day of 61/4-).X5, 007,by and between Frank A.Elliot whose
address is 5543 County Road 13,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 TWO HUNDRED FIFTY FIVE THOUSAND TWO HUNDRED EIGHTY and 00/100
($255,280.00)dollars. This consideration is being offered in lieu of condemnation
2. Owner agrees to grant the Right-of-Way to County by Warranty Deed, 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.
1111111 11111 1111111111 11111 111111 111111 III VIII IIII IIII
3508234 10/02/2007 02:09P Weld County, CO
1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
OL '�— al P.
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. The date of the transfer of the Right-of-Way shall be the date of payment of compensation and the
date of delivery of the Warranty Deed.
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 to reimburse owner$4,000.00 for owner appraisal fee not reimbursed directly to
the owners appraiser.
9. County agrees to pay the owner$a_0(.060,60 as a moving cost reimbursement.This payment
will be paid upon vacation of the dwelling, which will be no later
than ni taus f 1 2007.
1°' Tht5 prayer h'LS Sold Ct.5 an tt/�S S5" M5;5. rte'
IT IS MUTUALLY A RE D th a terms and conditions of this Agreement sha x end 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: FRANK A.ELLIOTT
By: '"4 Date: f /
4 di
ATTEST: IL, 'r' BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, STATE OF COLORADO
Weld County Clerk to the lard
By; BY:
eputy Cler o the Board David E. Long,Chair
2 SE 0 5 2007
1111111111111111111111111111111111111111111111111111111
3508234 10/02/2007 02:09P Weld County, CO
I UMW 11111111111.III 1111111 IIIMilli
3492611 07/25/2007 10:26A Weld County, CO
2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT - A
LEGAL DESCRIPTION
THE FOLLOWING IS TO CORRECT AN ERRONEOUS DIMENSION ON THE NORTH LINE
OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED IN THE WELD COUNTY
CLERK AND RECORDERS OFFICE UNDER RECEPTION #1511160. NO MONUMENTED
SURVEY WAS CONDUCTED BY WELD COUNTY:
A PARCEL OF LAND, LOCATED IN THE NORTHWEST QUARTER OF SECTION 6,
TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO, AND BEING A PORTION OF THAT LAND FOUND
AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
RECEPTION NO. #1511160 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SECTION 6, TOWNSHIP 1 NORTH,
RANGE 67 WEST AND ASSUMING THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 6 AS BEARING NORTH 00'00'00" EAST, WITH ALL OTHER BEARINGS
CONTAINED HEREIN RELATIVE THERETO:
THENCE NORTH 00'00'00" EAST ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 6 A DISTANCE OF 400.00 FEET;
THENCE SOUTH 89'19'37" EAST A DISTANCE OF 303.83 FEET TO A POINT ON THE
WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 13, ALSO BEING A POINT OF A
NON-TANGENT CURVE TO THE RIGHT;
THENCE 183.50 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 385.00 FEET;
CENTRAL ANGLE IS 27'18'32" WHOSE CHORD BEARS SOUTH 28'04'23" WEST A
DISTANCE OF 181.77 FEET;
THENCE SOUTH 41'43'48" WEST A DISTANCE OF 207.98 FEET TO A POINT ON A
CURVE TO THE LEFT; THENCE 98.36 FEET ALONG THE ARC OF SAID CURVE,
RADIUS IS 375.00 FEET; CENTRAL ANGLE IS 1501'43" WHOSE CHORD BEARS
SOUTH 34'12'46" WEST A DISTANCE OF 98.08 FEET;
THENCE NORTH 89'21'27" WEST A DISTANCE OF 24.69 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.627 ACRES 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 DOCUMENTS RECORDED UNDER RECEPTION #1511160.
• K
1111111 IIIII IIIIII /III IIIII IIIIII IIIIII III IIIII /III /III
3508234 10/02/2007 02:09P Weld County, CO e-7-ch‘t, 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
WELD COUNTY
PUBLIC WORKS DEPARTMENT
IIII
li WELD COUNTY ROAD 13 DRAWN: JHB SHEET
i OWNER: FRANK ELLIOTT
GO BAD EXHIBIT DATE: 7'2-07 1 2
OF
FOR THE PURPOSE OF CORRECTING THE RECORED LEGAL OF TRACT-A
NORTHWEST QUARTER OF SECTION 6-TOWNSHIP 1 NORTH- RANGE 67 WEST
NOTE: HIS DRAWING REFERENCES A MAP BY NELSON, HALEY, PATTERSON Sc QUIRK INC. FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1511160 ON DEC. 21, 1967 AND DOES NOT
REPRESENT A MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED CORRECTED LEGAL
DESCRIPTION.
,
*THE DIMENSION OF 347.00' IS THE COMBINED
IDIMENSION FROM THE NORTHWEST PROPERTY
CORNER TO THE CENTER OF COLORADO BLVD.
I AND IS NOT SOLELY THE DIMENSION OF THE
PARCEL'S NORTH LINE.
100 50 0 100
I SCALE: 1"-=1 00'
I 8.16'
' -
/ „r S89'19'37"E *347.00' 1
k S89'19'37"E 303.83' -'
4--, 135.01'
( O u FRANK&JEANETTE T. Cr /
o ,,7i, ELLIOTT
ci ` ,
o 0 1.627 AC TOTAL / ,
0.275 AC R.O.W.W. '
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F- O 2 REC.#151160 nO/'
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30' �� .' TOWN OF tz
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WEST QUARTER CORNER I BEGINNING I =to
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CURVE LENGTH RADIUS DELTA CHD.BEARING CHD.DIST. —ice y
I Cl 183.50' 385.00' 27'18'32" 528'04'23"W 181.77' _o
o
I C2 98.35' 375.00' 15'01'43" 534'12'46"W 98.08' e is c
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_NC
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, 3492611 07/25/2007 10:26A Weld County, CO oN
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder C o
O3.4
WELD COUNTY
IC WORKS DEPARTMENT
WIlD PUBLIC WELD COUNTY ROAD 13 DRAWN: JHB SHEET
OWNER: FRANK ELLIOTT DATE: 7-2-07
COLORADO EXHIBIT MAP SCALE: 1"=100• 2 OF 2
llp.
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III 11111 I�I I ��II 'll III 111 II II� STATE DOCUMENTARY FEE
Date: September 11, 2007
$ 0.00
WARRANTY DEED
THIS DEED, Made on this day of September 11, 2007 , between
FRANK A. ELLIOTT
of the County of WELD and State of COLORADO , the Grantor(s), and
COUNTY OF WELD, A BODY CORPORATE AND POLITIC
whose legal address is : 915 1OTH STREET GREELEY, CO 80631
of the County of WELD and State of COLORADO , the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sum of ( $255,280 .00
*** Two Hundred Fifty Five Thousand Two Hundred Eighty and 00/100 *** DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying and being in the County of
WELD and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known as street number VACANT LAND
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
tit Le interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in Law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
_ell end convey the co..._ in manner and form as afepabafti, and that the same are free and clear from ail former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
Subject to general taxes for the year 2007 and those specific Exceptions described by reference to recorded documents as
reflected in the Title Documents accepted by Grantee(s) in accordance with Section Be (Title Review) of the Contract to
Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV);
those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual
knowledge and which were accepted by Grantee(s) in accordance with Section Bb (Matters not Shown by the Public Records) and
Section Sc (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property;
inclusion of the Property within any special tax district; and, the benefit and burdens of any declaration and party wall
agreements, if any and other NONE
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above.
By:
FRANK A. ELLIOTT
STATE OF COLORADO
)ss.
County of WELDdals
NN
The foregoing instrument was acknowledged before me on this day of September 11, 2007 _ • ��NN
by FRANK A. ELLIOTT Q . .......,11/
III/
G-il- IG MELINDA
My commission expires I ` GUALANDRI e
Witness my hand and official seal. CCC I�en' 7 O��
Notary Public fl 'P •
T' ..•.,•
�` { 6
t
Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.) .."`...�
My Cm-mission spires:
Escrow# GR25077318 When Recorded Return to:COUNTY OF WELD, A BODY CORPORATE AND POLITIC
Title# FC25077318
915 10TH STREET GREELEY, CO 80631
Form 84 08/29/04 WD1 WARRANTY (5397935)
t> dtt 111111111111111111IIII11111111111111111III11111 ���� 1111 3515567 11/05/2007 03:22P Vileld County, CO _ Z 3`I
/C�i'7 / 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder C 0 P1,0 PI NFL
11111 11111 111111131 HIV 1111111111 II►II 11 11
3492611 07/25/2007 10:26A Weld County, CO
2 el 3 R 0.00 0 0.00 Steve Morello Clerk&Recorder
EXHIBIT - A
LEGAL DESCRIPTION
THE FOLLOWING IS TO CORRECT AN ERRONEOUS DIMENSION ON THE NORTH LINE
OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED IN THE WELD COUNTY
CLERK AND RECORDERS OFFICE UNDER RECEPTION #1511160. NO MONUMENTED
SURVEY WAS CONDUCTED BY WELD COUNTY:
A PARCEL OF LAND, LOCATED IN THE NORTHWEST QUARTER OF SECTION 6,
TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO, AND BEING A PORTION OF THAT LAND FOUND
AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
RECEPTION NO. #1511160 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SECTION 6, TOWNSHIP 1 NORTH,
RANGE 67 WEST AND ASSUMING THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 6 AS BEARING NORTH 00'00'00" EAST, WITH ALL OTHER BEARINGS
CONTAINED HEREIN RELATIVE THERETO:
THENCE NORTH 00'00'00" EAST ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 6 A DISTANCE OF 400.00 FEET;
THENCE SOUTH 89'19'37" EAST A DISTANCE OF 303.53 FEET TO A POINT ON THE
WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 13, ALSO BEING A POINT OF A
NON-TANGENT CURVE TO THE RIGHT;
THENCE 183.50 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 385.00 FEET;
CENTRAL ANGLE IS 27'18'32" WHOSE CHORD BEARS SOUTH 28'04'23" WEST A
DISTANCE OF 181.77 FEET;
THENCE SOUTH 41'43'48" WEST A DISTANCE OF 207.98 FEET TO A POINT ON A
CURVE TO THE LEFT; THENCE 98.36 FEET ALONG THE ARC OF SAID CURVE,
RADIUS IS 375.00 FEET; CENTRAL ANGLE IS 15'01'43" WHOSE CHORD BEARS
SOUTH 34'12'46" WEST A DISTANCE OF 98.08 FEET;
THENCE NORTH 89'21'27" WEST A DISTANCE OF 24.69 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.627 ACRES 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 DOCUMENTS RECORDED UNDER RECEPTION #1511160.
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WELD COUNTY =o
PUBLIC WORKS DEPARTMENT _
WELD COUNTY ROAD 13 DRAWN ma 7E1fY SI lEET
OWNER, FRANK ELLIOI'r �T
COLORRAnfl DATE: 7-i-a'
EXHIBIT OF 2 -co c
-rn
_coc
FOR THE PURPOSE OF CORRECTING THE RECORED LEGAL OF TRACT-A
NORTHWEST QUARTER OF SECTION 6-TOWNSHIP 1 NORTH-RANGE 67 WEST
NOTE: THIS DRAWING REFERENCES A MAP BY NELSON, HALEY, PATTERSON & QUIRK INC. FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1511160 ON DEC. 21, 1967 AND DOES NOT
REPRESENT A MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED CORRECTED LEGAL
DESCRIPTION.
*THE DIMENSION OF 347.00' IS THE COMBINED
DIMENSION FROM THE NORTHWEST PROPERTY
CORNER TO THE CENTER OF COLORADO BLVD. q AND IS NOT SOLELY THE DIMENSION OF THE
PARCELS NORTH LINE.
100 50 0 100
SCALE: 1"=100'
6.16'
I
589.19'37"E *347.00'
S89'19'37"E 303.83'
35.01'
(jib u FRANK&JEANETTE T.
O ^ ELLIOTT Cr
o O 1.627AC. TO7NL /
,
0.275AC ROW
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z0 1.352 AC.REMAINDER
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30 1 CD TOWN OF
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24.69' ,ti TRJICT-„
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IN-SOUTH LINE OF NW QUARTER-7C
POINT OF
WEST QUARTER CORNER BEGINNINGSM cc
56-T1N-R67W I So
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CURVE LENGTH RADIUS DELTA CH0.9EARING CNe.GIST. �C
Cl 153.50' 355.00' 27'18'32" 528'04'23"W 181.77 ___,.9
C2 98.36 375.00 15'01 43' 534.12'46 W 98.08 N
IS 7
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3492611 07/26/2007 10:26.0 Weld County, CO S
3 0l 3 R 0.00 0 0.00 Steve Morello Clerk&Recorder So ro'
/ I _azN
WELD COUNTY o
PUBLIC WORKS DEPARTMENT SI--
WII'Dc WELD COUNTY ROAD 13 DRAWN: JNB SHEET
OWNER: FRANK ELLIOTT DATE: 7-2-07 5*
COLORADOEXI11BIT MAP SCALE: ow' 2 OF 2
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