HomeMy WebLinkAbout20070629.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 74 AND AUTHORIZE CHAIR TO
SIGN NECESSARY DOCUMENTS - ELIZABETH AND DAVID SCHUMP
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 Road 74 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 Elizabeth and David Schump,8612 Weld County Road 74,
Windsor, Colorado 80550, 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 Road 74 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 Elizabeth and David Schump 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 12th day of March, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COL RADO
ATTEST: "� :
I u CC
���"u
yid E. Long, Chair
Weld County Clerk to the B ' \-1 1't
USED
�, a n:; ' 'Jr"- ? 7ro.Tem
iam
BY: ,773 G /2Ox?
Deputy Clerk to the Board "
F. Garcia
APP A O
Robert D. asden
aunty orney . �.• .�_�
�ougl-- Rademache
Date of signature: 3/117/0 7
2007-0629
oc : PLO, Luolii�-{2S.
EG0056
a WELD COUNTY ATTORNEY'S OFFICE
Kik915 TENTH STREET
P.O. BOX 758
ik
GREELEY, CO 80632
W I WEBSITE: 336.72us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
March 7, 2007
David E. Schump
8612 WCR 74
Windsor, CO 80550
RE: Agreement and Deed of Dedication
Dear David:
Enclosed are two originals of the agreement to purchase the right-of-way and the Deed of
Dedication for the improvements to be made to WCR 74. Also enclosed is a check in the sum of
$69,815, which represents the agreed to price of$60,015, the cost of the fence at $7,800, and the
cost of the appraisal at$2,000.
Please execute the enclosed documents and send them to me in the enclosed stamped envelope
at: P.O. Box 758, 915 10th Street, Greeley, CO 80632. I will then see that they are placed on
the agenda for the Board of County Commissioners to approve and sign.
Thank you for your attention to this matter and continued patience. Please feel free to call me if
you have any questions or wish to discuss. I can be reached at (970) 356-4000, ext. 4390.
Sincerely
3
Bru‘T. Barker
Weld County Attorney
Enclosure
694
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 74 BETWEEN DAVID E. SCHUMP, ELIZABETH M. SCRUMP
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this8' - day of March, 2007, by and between David E. Schump
and Elizabeth M. Schump, whose address is 8612 Weld County Road 74 Windsor, CO 80550,
hereinafter referred to as "Owners," 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 74,
and
WHEREAS, Owners owns the property described in the attached Exhibits "A" and "B"
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, Owners wishes to cooperate with County in said road improvement.
NOW, THEREFORE, the parties herein agree as follows:
1. Owners agree to sell and County agrees to purchase the Right-of-Way shown
and/or described in Exhibits "A" and "B", attached hereto and hereinafter referred to herein as
the "Right-of-Way" for the sum of SIXTY-THOUSAND FIFTEEN and 00/100 ($60,015.000)
dollars. This consideration is being offered in lieu of condemnation.
2. Owners agree to grant the Right-of-Way to County by Deed of Dedication, free
and clear of all encumbrances, except existing easements. Owners 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.
- 1 -
MID 11111111111111111111111111111111 III 1111111111II1
3463694 03/22/2007 02:07P Weld County, CO
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
.a'CCl - c"E5';1
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 Owners, County, its contractors, agents, employees,
and all others deemed necessary by County shall have the 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. Owners warrant that they are the Owners of the Right-of-Way.
7. General taxes for the year 2007 for the Right-of-Way shall be apportioned to the
date of possession based on the most recent levy and the most recent assessment. Owners
represent and warrant that all general taxes levied prior to such year have been paid in full by
Owners.
8. County will pay Owners the amount of $7,800, which Owners will use for
replacement of the existing 2-strand barb-wire/woven wire/steel post fence with a new in-kind
fence on the new R/W line along County Road 74.
9. County will pay to Owners the amount of$2,000 to reimburse them for the cost of
the appraisal procured by Owners in the course of the negotiations for this Agreement.
10. The County agrees to install a siphon to pipe irrigation water to serve the north
remainder of the property and not conflict with the road elevations. The siphon will be installed
to allow for use of above ground irrigation pipe. The ends of the siphon will be located outside
of the new right-of-way, beginning on the Owners' property and ending on the Houstoun
property, which shall include the installation of the concrete siphon box at the end of the pipe.
The siphon design and location will be approved by Forrest Leaf, P.E., Leaf Engineering, Inc.
and by Owners.
11. The County shall initiate and pay for the costs associated with an amendment to
Second Amended RE-326, such that the remainders of Lots A and B left by the configuration of
the new road will be combined with the other lot of the recorded exemption. Owners agree to
sign any necessary documents to affect the recorded exemption application. The effective date
of the granting of Second Amended RE-326 (June 1, 1993), used for the determination of
compliance with Section 24-8-40. M. and N., will not be affected by the granting of the
amendment contemplated herein.
2
NM IIII
con
3463694
2 2
3 R 0.00 0.00
2 D S.teve Moreno Clerk&C 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.
OWNERS: David E. Schump and Elizabeth M. Schump
By: , /kt� b _ Date : ��r rcy .-2Oo7
By: Date :
ATTEST: aeutdr BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
OLORADO
Weld County Clerk to the Bot
By: Lt4! A BY: Ofu
Deput, lerk to e Board gf t David E. Long, Chairman
MAR 1 2 2001
HUM 11111113 1111111 IIII 11111111111 111 11111 MI III!
3463694 03/22/2007 02:07P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
3
•
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that David E. Schump and Elizabeth M.
Schump, whose address is 8612 Weld County Road 74, Windsor, Colorado, 80550, being all of
the owners of certain property in Weld County, Colorado, which is described in the attached
Exhibit "A", do 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.
David E. Schump Elizabeth M. Sc ump
STATE OF COLORADO
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this p+"day of
Yvi l C11 , 20 b'7, by David E. Schump and Elizabeth M. Schump.
Witness my hand and official seal.
•
. 2 •MV n •• Not Public
' EXP
COMMISSION
IRES
Xtg,oMyyg }nres:
9T •. ,,,,,OQ,,,
Page I of 2 Pages
I IIIIII 11111 11111 1111111 1111 "III 111111 III 11111 1111 1111
3463693 03/22/2007 02:07P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
ez'/-c �:,''
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 12th day of March 20 07
ATTEST: tinalaale4 COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF ;IL?, t7""" ORPORATE AND POLITIC OF THE
COUNTY COMMISSIONER OF 1 � ' TE OF COLORADO
THE COUNTY OF WELD In 4
BY: Nat , C % Y: �J cs7
Depu lerk ib'the oard David E. Long, Chair,
BOARD OF COUNTY COMMISS NERS
OF THE COUNTY OF WELD MAR 1 2 2007
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 12ttdayof March
20 07 , by David E. Long, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF WELD.
Witness my hand and official seal, .P .BF0'
fly ary Public
%%cry•PUBLIC
My commission expires: .9i0.Coi.
AY C'ocnmsnan Expire+April IQ 2008
Page 2 of 2 Pages
IIIIIIIIIIIIVIII II IIIIII111 11111 till IIII III VIIIIIIIIIII
3463693 03/22/2007 02:07P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
a2GC�" C z.Z 2
Hello