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Home My WebLink About20070598.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 74; ACCEPTANCE OF DEED OF DEDICATION; JOINT MOTION TO APPROVE AGREEMENT BETWEEN PARTIES AND DISMISSAL OF ACTION; AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JOHN AND WENDY HOUSTOUN REVOCABLE LIVING TRUSTS 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;a Deed of Dedication;and the Joint Motion to Approve Agreement between Parties and Dismissal of Action,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 the John and Wendy Houstoun Revocable Living Trusts,8962 Weld County Road 74,Windsor,Colorado 80550,with terms and conditions being as stated in said documents, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said deed of dedication, copies of which are 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;the Deed of Dedication; and the Joint Motion to Approve Agreement between Parties and Dismissal of Action, 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 the John and Wendy Houstoun Revocable Living Trusts,be,and hereby are, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to sign any necessary documents. 2007-0598 EG0056 ; P . Pt, -,0104- O og (a1 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WCR 74 - JOHN AND WENDY HOUSTON REVOCABLE LIVING TRUSTS PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 7th day of March, A.D., 2007. BO D OF COUNTY COMMISSIONERS WE OUNTY, COLORADO ATTEST: _ %iavid E. Long, Chair Weld County Clerk to the �tit -..° - 7/ illiam erke, P Tem BY: el/vi Q Deputy Clerk to the Boa , K Vy4agi F. Garcia R ED AS TO F V\ Robert D. asden u y Attorney ouglas Rademacher Date of signature: V—3-O7 2007-0598 EG0056 LIND, LAWRENCE & OTTENHOFF LLP Attorneys and Counselors at Law 355 E STMAN PARK DRIVE,SUITE 200 GEORGE H.OTTENHOFF WINDSOR.COLORADO 80550 KENNETH F.TTE TELEPHONE:970-674-9888 KELLYJ.CUSTER KIM R. F. NCE TELECOPIER:970-674-9535 BRADLEY C.GRA.SMICK P.ANDREW JONES kenQ0IFolaw.com DAVID P.JONES .LAMES D.BRAMER' 11409 BUSINESS PARK CIRCLE.SUITE 110 CHRISTEN S.HINZF. RICHARD T.LiPUMA. ROBERT J.M.WHITE CLINTON P.SWIFT FIRESTONE,CO 80504 KAYLFA M.WHITE TELEPHONE.(720)q94-4488 TI IEODORF..1.FINN TELECOPIER (720)494-7766 DAVID T.McCA1.Lx 'A lso admitted in Wyoming 721 EAST LINCOLN WAY Also admitted in Illinois CHEYENNE.WY 82001 VAlso admitted in New York TELEPHONE:(307)835-2480 March 1, 2007 Bruce Barker, Esq. PO Box 758 Greeley, CO 80632 MAR 0 2 lf1f17 g RE: John and Wendy Houstoun L, 6 Dear Bruce: I have enclosed the following documents signed by Mr. and Mrs. Houstoun and Ken Lind: a) Agreement; b) Deed of Dedication; c) Joint Motion to Approve Agreement Between Parties and Dismissal of Action. Once the documents are signed by all involved parties, please forward a copy for our file. We would also appreciate a copy of the Order once it has been signed by the Judge Thanks for all your help with this. Please call me if you have any questions. Very truly yours, •LIN LAWR n$d TTENHOFF LLP • Oja•( CLUJ ichelle L. ardell Legal Assistant :mlw Enclosures • Legal Solutionsfor Co[oratfo and the West F:\KFL\HOUSTOUN\Lir Bruce Barker 070103 wpd 2007-0598 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 74 BETWEEN JOHN M. HOUSTOUN AS TRUSTEE OF THE JOHN M. HOUSTOUN REVOCABLE LIVING TRUST DATED JUNE 21, 2000, WENDY L. HOUSTOUN AS TRUSTEE OF THE WENDY L. HOUSTOUN REVOCABLE LIVING TRUST DATED JUNE 21, 2000 AND WELD COUNTY, COLORADO THIS AGREEMENT is made this v day of March, 2007, by and between John M. Houstoun as Trustee of the John M. Houstoun Revocable Living Trust dated June 21, 2000 and Wendy L. Houstoun as Trustee of the Wendy L. Houstoun Revocable Living Trust dated June 21, 2000, whose address is 8962 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 Exhibit"A" hereinafter referred to 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 Exhibit "A", attached hereto and hereinafter referred to herein as the "Right- of-Way" for the sum of FIFTY-FIVE THOUSAND EIGHT HUNDRED AND NINETY-EIGHT and 00/100 ($55,898.000) 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, gas, and other hydrocarbons, and shall also retain any - 1 - M:\Wpfiles\PWORKS\HoustounCondenm\EINAL AGREEMENT.doc 1 111111 11111 11111 111111 IIII III!1111111 III VIII IIII 1111 3466657 04/04/2007 12:35P Weld County, CO 1 0l 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder .ICY' i'-C Seel water rights of any type whether tributary or non-tributary currently attached to, associated with, on or under said 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 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 believe and represent that they are the Owners of the Right-of-Way but do not warrant title. 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. Owners represent and warrant that all general taxes levied prior to such year have been paid in full by Owners. 8. County will replace the existing 2-strand barb wire/woven wire/steel post fence with a new in kind fence (but the 2 strands will be non-barb wire) on the new R/W line along County Road 74. 9. County will install, at its cost, a left-turn lane along Eastbound County Road 74 at the location of the new access to Owners' property. Said left-turn lane shall constitute a condition and covenant that runs with title to the property as well as constituting a servitude upon the Right-of-Way. The existence of said left-turn lane shall be perpetual and shall be included as a part of any new, amended, reconstructed, re-aligned, modified or expanded County Road 74 now at or any time in the future. 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 on Owners' property, which shall include the installation of the concrete siphon box at the end of the pipe. The siphon design will be approved by Forrest Leaf, P.E., Leaf Engineering, Inc. - 2 - F:\KFL\HOUSTOUN\Final Agreement 070226.doc 1 111111 11111 11111 1111111 1111 1111 1111111 III 11111 IIII IIII 3466657 04/04/2007 12:35P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 11. The County shall initiate and pay for the costs associated with an amendment to 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 complete 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. 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: John M. Houstoun as Trustee of the John M. Houstoun Revocable Living Trust dated June 21, 2000 and Wendy L. Houstoun as Trustee of the Wendy L. Houstoun Revocable Living Trust dated June 212000 Brill J( Date: 2 'c2$ ` 0 7 John M. Houstoun as Trustee of the John M. Houstoun Revocable Living Trust dated June 21, 2000 By: ,t ' Date: k- ag 12 0 O _ Wendy L. H s oun s .rustee of the Wendy L. Houstoun Revocable Living Trust dated June 21, 2000 ATTEST: BOARD OF COUNTY COMMISSIONERS � j ,.�,p. /._ OF WELD COUNTY, STATE OF ;9r, ,��'� CVLCRALCIWeld County Clerk to the B rd „ .\\ 186! t j� -76./17-2,17?-/ ih+ . By: C// 7� � " $s"' BY: :,� 71 �. j1 Deputy Clerk to the Boar David F. Long, Chairman ATTESTING l .III COUNTY Chairma ; COMMISSIONER S;G"+AV`JittS ONLY HAP, 0 17007 3 F 1KFL\HOUSTOUN\Final Agreement 070226.doc IIFI1111111111Malin IIII111111I III IIIII1111 Jill 3466657 04/04/2007 12:35P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 656 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that John M. Houstoun as Trustee of the John M. Houstoun Revocable Living Trust dated June 21, 2000 and Wendy L. Houstoun as Trustee of the Wendy L. Houstoun Revocable Living Trust dated June 21, 2000. whose address is 8962 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 taxes for 2007 and subsequent years. RESERVING UNTO OWNERS the mineral estate uitt:::, the Right of Way, including oil, gas, hydrocarbons, and any and all water rights currently attached to, associated with, on or under the Right of Way. -c ng6 By: John M. Houstoun as Trustee of the John M. Houstoun Revocable Living Trust dated June 21, 2000 By: Wendy. Houstounvas Trustee of the Wendy L. Houstoun Revocable Living Trust dated June 21, 2000 STATE OF COLORADO ) ) ss. COUNTY OF ) raThe foregoing instrument was acknowledged before me thiP day of il 1 U 000r , 2001, by John M. Houstoun as Trustee of the John M. Houstoun Revocable Livin0 trust dateu June 21. 2000 and Wendy 1.. t9"iistouih, 1 rusiee of the Wendy L. Houstoun Revocable Living Trust dated June 21, 2000. Witness my hand and official seal. Cpl No ary Public _ My commission expires: �� 3O- ao ; 0 �Cr:,••�OTA,9••:tvti IF Page I of 2 pages ii�A�00 i 111111111111 !IIII11111111111III! 1111111III111111111 i I1 3466656 04/04/2007 12:35P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 9d' ACCEPTANCE The County of Weld,a body corporate and politic of the State ofColorado,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 7th day of March :10 07 ATTEST: ((.G�j� . 1 ,.,COUNTY OF WELD, A BODY CLERK TO THE BOARD OF .- • - ,C.'QRPt fl :1 \N D POLIT_C O: THE COUNTY COMMISSIONER OF _ STATE OF COLORADO THE COUNTY OF WELD ' BY: ______L (%?ct-d ? '7 S 70)"! C - BY: c� e ,,-- Deputy Cla to the Board David E. Long, Chair, BOARD OF COUNTY COM. SSIONERS OF '11W COUNTY OF WE ,1) MAR 0 7 20Ut STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 7th day of March 20 07,by David E. Long, Chair, BOARD OF COUNTY COMM!SSIONERS OF THE COUNTY OF WELD. fitness my h a �' 4 ta1561 co * r � _ �1!ll al��_a_ ? /� Notary Public:.- %.:1 `,S^ Omission A " 41!AI My Commission Expires April la.2GEE 11111Litt\IIIIIIIIIIIIIIIIII1111111IIIVIIIIIII IIII 3466412007 2 of 2 R 0.00 0 0.00 Steue Moreno Clerk ,?ce r-Cs9e.P DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 901 9th Avenue, P.O. Box C, Greeley, CO 80632 Phone Number: (970) 351-7300 COUNTY OF WELD, a political subdivision of the STATE OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, Petitioner, A FOR COURT USE ONLY A v. JOHN M. HOUSTOUN REVOCABLE LIVING TRUST Case Number: 07-CV-75 UNDER AGREEMENT DATED JUNE 21, 2000 (50%); Division: 1 WENDY L. HOUSTOUN REVOCABLE LIVING TRUST UNDER AGREEMENT DATED JUNE 21, 2000 (50%); BANK ONE NA; JOHN R. LEFEBVRE, JR., as Treasurer of Weld County; and MARY HERGERT, as Public Trustee of Weld County, Respondents. Bruce T. Barker, Weld County Attorney 915 Tenth Street, P.O. Box 758 Greeley,CO 80632 Phone Number: (970)336-7235 Fax Number: (970)352-0242 E-Mail: bbarker@co.weld.co.us Attorney Registration#13690 Kenneth F. Lind, Esq. Lind,Lawrence&Ottenhoff LLP 355 Eastman Park Drive, Suite 200 Windsor, CO 80550 Telephone: (970)674-9888 Fax: (970)674-9535 E-Mail: ken(n7llolaw.com Attorney Registration#7792 JOINT MOTION TO APPROVE AGREEMENT BETWEEN PARTIES AND DISMISSAL OF ACTION COMES NOW the Petitioner, the County of Weld, by and through the Weld County Attorney, and the Respondents, the John M. Houstoun Revocable Living Trust Under Agreement 1 Dated June 21, 2000 (50%), and the Wendy L. Houstoun Revocable Living Trust Under Agreement Dated June 21, 2000 (50%), hereinafter collectively referred to as "the Houstouns," by and through their attorney Kenneth F. Lind, Esq. of Lind Lawrence and Ottenhoff LLP, and JOINTLY MOVE for an Order of the Court approving the agreement between the parties attached hereto and incorporated herein as Exhibit "A," and to dismiss the within action, and with respect to said motion, STATE AS FOLLOWS: 1. That the parties have resolved their differences with respect to the purchase of right-of- way and other details associated with the construction of the public highway improvements which are specified in Petitioner's Petition in Condemnation, with Request for Immediate Possession. 2. That the other named parties in the above-captioned case were never served. WHEREFORE, the parties hereto respectfully request that the Court grant the within Motion, and grant any further relief that the Court may deem just and proper. Signed this 26`h day of February, 2007. PETITIONER: THE COUNTY OF WELD, a political subdivision of the STATE OF COLORADA, Petitioner By: CE T. BARKER #13690 Weld County Attorney RESPONDENTS: LIND, LAWRE F LLC By: KENNETH . IND #7729 E-FILED PURSUANT TO RULE 121. DULY SIGNED COPY ON FILE AT THE OFFICE OF WELD COUNTY ATTORNEY 2 &CC 7- C5% ' Hello