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Home My WebLink About20072446.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND STATE HIGHWAY 52 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LORRAINE BURRESON 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 and State Highway 52 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 Lorraine Burreson, 1201 Skyline Drive, Decorah, Iowa 52101, 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 and State Highway 52 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 Lorraine Burreson 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 6th day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS Q� i` � WE COUNTY, COLORADO ATTEST: �w 1 Th y / pest t' 19Y vid E. Long, Chair Weld County Clerk to the r 4 CUSED ��oo i is/ rke, ro-Tem BY:I- ^^,, l �� De ty CI ,n�to the Bo 1 Willia F. Garcia APP ED AS S : Robert D. Masden unty A torney q�& Douglas Rademache Date of signature: 2'ae)/07 2007-2446 EG005,6 APPS-� y�G ®FW,2 770 111 MEMORANDUM ITO: Clerk to the Board DATE: 8/2/2007 C. COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to State Highway 52 and WCR 13 with Lorraine Burreson. The appropriate documentation is attached. M:\Francie\Agend-Leon.doc :Z d Z- sr 1-501 Sk1N(1Qn 013M 2007-2446 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO STATE HIGHWAY 52 AND WELD COUNTY ROAD 13 BETWEEN LORRAINE BURRESON AND WELD COUNTY, COLORADO THIS AGREEMENT is made this On- day of 1 ", 2007,by and between LORRAINE BURRESON whose address is 1201 Skyline drive, Decorah, Iowa 52101, 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 State Highway 52 and Weld County Road 13, and WHEREAS, Owner owns the property described in the attached Exhibit "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 on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Three Thousand Three Hundred $4 00 C7 / 9,49 Forty and no/100('$-3,349 )dollars. This consideration is being offered in lieu Owner's counter- of condemnation offer 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 MHO 11111 DINNED!III 11111 IN III BE IM IIII 3499202 08/23/2007 01:14P Weld County, CO 1 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a '?R91/6 Page 2 of 2 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 the delivery of the documents of conveyance. Date of payment of 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. 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: LO E BUR SON Lorrai e Burreson ATTEST: % BOARD OF COUNTY Weld County ler t t : a .' ,�/— /J COMMISSIONERS OF WELD COUNT STATE OF COLORADO 1861 ( (h ��1/451f�, Deputy Clerk t. the Board David E. Long, Chair ATTESTING TO BOARD OF COUNTY ► 08/06/2 COMMISSIONER SIGNATURES ONLY 1111111 11111 111111 111111 III 11111 1111111 III 11111 IIII I11I 3499202 08/23/2007 01:14P Weld County, CO 2 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder P:A W ELDCNTYVC4049BABurresonAagreement.doc gal 7- QVV6 COLORADO DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY TO BE ACQUIRED FROM PARCEL NO. 6 COLORADO GRAIN & MILLING CO. FOR PROJECT NO. STA 052A-027 STATE HIGHWAY NO. 52 STA 487+47.81 —522+20.90 PROJECT CODE: 15859 AIM 11111 11111111111 III 111111111111 III 1111111111111 3499202 08/23/2007 01:14P Weld County, CO 3 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\ROW-68-PROP-DESC.doc Last printed 5/16/2007 5:05 PM EXHIBIT "A" PROJECT NUMBER: STA 052A-027 PARCEL NO. 6 PROJECT CODE: 15859 DATE: May 16, 2007 PROPERTY DESCRIPTION (1 of 3) A parcel of land, for State Highway No. 52 (5H52) Right-Of-Way, being Parcel No. 6 of the Colorado Department of Transportation Project No. STA 052A-027, located in the Southwest Quarter (SWl/4) of Section Thirty-one (31), Township Two North (T.2N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.),Town of Frederick, County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 31 and assuming the West line of said SW 1/4, being monumented by a#6 rebar with a 2 tk" aluminum cap stamped "LS 24305, 2002" on the South end and a 2" diameter pipe with a 3 1/a" brass cap stamped "LS13446" on the North end, as bearing North 00°01'37" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2657.54 feet with all other bearings contained herein relative thereto: THENCE North 00°01'37" East along said West line a distance of 120.20 feet to the Northerly Right-of-Way (ROW) line of said SH52 as described in that License Agreement No. 43613-2 between the Department of Highways of the State of Colorado and the Union Pacific Railroad Company dated August 24, 1959; THENCE North 89°51'58" East along said Northerly ROW line a distance of 235.81 feet to the Southwest corner of that parcel of land described in that Warranty Deed (WD) recorded July 7, 1989 as Reception No. 02184751 of the records of the Weld County Clerk and Recorder (WCCR), said point being the POINT OF BEGINNING; THENCE North 00°45'34" West along the Westerly line of that parcel of land described in said WD, said Westerly line being Twenty-five (25) feet Westerly of and parallel with the Westerly line of that parcel of land described in that Quit-Claim Deed (QCD) recorded October 19, 1915 in Book 414 at Page 113 of the record of the WCCR a distance of 65.99 feet; THENCE North 89°51'58" East a distance of 25.00 feet to the Easterly line of that parcel of land described in said WD, said line also being the Westerly line of that parcel of land described in said QCD; :a) San1 11111111111111111111111 III 111111111111 III 11111 IIII dill \'di',1\-C ` 3499202 08/23/2007 01:14P Weld County, CO 34995 4 of 10 R 0.00 0 0.00 Steve Moreno Clerk& Recorder t‘c-r1 M:\2004295\property ert descriptions\ROW-68-PROP-DESC.doc Attn. Last printed 5/16/2007 5:05 PM (2 of 3) THENCE South 00°45'34" East along the Easterly line of that parcel of land described in said WD, also being along the Westerly line of that parcel of land described in said QCD a distance of 65.99 feet to the Northerly ROW line of SH52 as described in that QCD recorded March 1, 1960 in Book 1552 at Page 135 of the records of the WCCR; THENCE South 89°51'58" West along said Northerly ROW line a distance of 25.00 feet to the POINT OF BEGINNING. Said parcel contains 1,650 sq. ft., or 0.038 acre more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that iqyue'and correct to the best of my knowledge and belief. .)rrn 3499 . !`.: --1 Steve • tin tiN t;;behalf of King Surveyors, Inc. Colorado egtsrf(fed Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 11101 11111 111111111111 11111 11111 IIII I1I1 3499202 08/23/2007 01:14P Weld County, CO 5 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\ROW-68-PROP-DESC.doc Last printed 5/16/2007 5:05 PM PARCEL NO. 6 EXHIBIT A COLORADO GRAIN & MILLING CO. PROJECT NO. STA 052A-027 SWY4 SEC. 31 , T.2N., R.67W. - I j I I I I� 3 CI NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose is as a WEST QUARTER CORNER I graphic representation to aid in the visualization of the SEC. 31, T.2N., R.68W. V I^ I written property description which it accompanies. The / / t n `� written property description supersedes the exhibit / / I V h I, drawing. N.3 of 3 / / N Q ?HERE/5'AN EASEMENT TO CONTINENTAL PIPE LINE COMPANY IN 77/E 5/0/, OF SEC. 3/,, 1.24?, / / 0 O 8.57W LOCA110N CANNOT SE DETERMINED FROM //A i U OI I DEED.(REC. NO. 15211652 L- i / I I Q I ?HERE/S AN EASEMENT TO THE MOUNTAIN STATES / /O I I Q I 7ZLEPHOVE AND TELEGRAPH COMPANY IN NE SOUTH / / I I s V I O R.67W309'OF 77/E N//s & IN 7NE S$'% OF SEC. 3/,, T.2N., 67W LOCA770N CANNOT SE OEM-RAM/ED FROM / I ^ S La DEED(.81005 P327� / 1/ CO a LINE TABLE / O !v 1 €� cl LINE BEARING LENGTH / / in I I � 0 Hall L1 N00'01'37"E 120.20' /� o I 4 1 L2 N89'51'58"E 235.81' / / I o I rOcm r6g 1., L3 NOO'45'34"W 65.99' / / I I z I I alb 0 I - L4 N89'51'58"E 25.00' as W L5 SO0'45'34"E 65.99' / / I o I z I � 14.i L6 589'51'58"W 25.00' / // I w -I SUSAN) TROUDT, REC. NO. 1571285 I / A 0 I 5g: g I GWS ENTERPRISES,REC. NO. 3442207 / / I-4O I I Ps JOIiNR. HAT R7 REC. NO. 3447426 // tn NQ I I d4,,� I COLORADO OW1- & mazakrG Co. 0,4 / / m 66<m C IVO. 02/84751 / / I RL STATE HIGHWAY NO. 52 RIGHT—OF—WAY / ( _4 (81552 P66 & 81552 P133) to 1 I— f] \ 1L2 \_ -I 1,650sq. . — — — — — - L6 STATE HIGHWAY NO. 52 SOUTH QUARTER CORNER STATE HIGHWAY 5 RIGHT—OF—WAY SEC. 31, T.2N., R.68W (81552 P135 & LICENSE #43613-2) NO. 52 N89'44'44"E 2455.53' — 1.13 — — — • 7 _ ' srrisrRBSr a e (4 — mom E — e k o I I= r mom m // POINT OF s z °C I SOUTHWEST CORNER / BEGINNING 0 e a eaSEC. 31, T.2N. R.68W. t / e -� POINT OF COMMENCEMENT, I � /'/ / 3 e } m II CR - =O p o U tit ,IMM t._ CJ C 3 ' � 3�s9 : L' ` i l Ldp; —1 �,N • J,�(1 �o o ....-2-- 2 , '* 200 1 00 0 200 - c Steven b' J'>4h" E alf of King Surveyors, Inc. n'li LTd • ,rr' moo Colorado giedeldd?Professional O.1 aFs Land Surveyor #34995 1 "= 200' -No KING SURVFYORS INC. PROJECT NO:2004295 mim c DATE: 05/16/07 ...w o 650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU �-a)`o phone: (970) 686-5011 I fax: (970) 686-5821 DWG:ROW-68—CO GRAIN+MILLING =r6m www.kingsurveyors.com DRAWN: MCD CHECKED: SAL COLORADO DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY TO BE ACQUIRED FROM PARCEL NO. 6A COLORADO GRAIN & MILLING CO. FOR PROJECT NO. STA 052A-027 STATE HIGHWAY NO. 52 STA 487+47.81 -522+20.90 PROJECT CODE: 15859 IIIN 11111 111111111111 III 11111 1111111111 11111 O IIII 3499202 08/23/2007 01:14P Weld County, CO 7 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\REMAINDER-68-PROP-DESC.doc Last printed 5/16/2007 5:10 PM EXHIBIT "A" PROJECT NUMBER: STA 052A-027 PARCEL NO. 6A PROJECT CODE: 15859 DA 1'E: May 16, 2007 PROPERTY DESCRIPTION (1 of 3) A parcel of land being Parcel No. 6A of the Colorado Department of Transportation Project No. STA 052A-027, located in the Southwest Quarter (SWI/4) of Section Thirty-one (31), Township Two North (T.2N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6" P.M.), Town of Frederick, County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 31 and assuming the West line of said SW1/4, being monumented by a#6 rebar with a 2 th" aluminum cap stamped "LS 24305, 2002" on the South end and a 2" diameter pipe with a 3 IA"brass cap stamped "LS13446" on the North end, as bearing North 00°01'37" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2657.54 feet with all other bearings contained herein relative thereto: THENCE North 00°01'37" East along said West line a distance of 120.20 feet to the Northerly Right-of-Way (ROW) line of said SH52 as described in that License Agreement No. 43613-2 between the Department of Highways of the State of Colorado and the Union Pacific Railroad Company dated August 24, 1959; THENCE North 89°51'58" East along said Northerly ROW line a distance of 235.81 feet to the Southwest corner of that parcel of land described in that Warranty Deed (WD) recorded July 7, 1989 as Reception No. 02184751 of the records of the Weld County Clerk and Recorder (WCCR); THENCE North 00°45'34" West along the Westerly line of that parcel of land described in said WD, said Westerly line being Twenty-five (25) feet Westerly of and parallel with the Westerly line of that parcel of land described in that Quit-Claim Deed (QCD) recorded October 19, 1915 in Book 414 at Page 113 of the record of the WCCR a distance of 65.99 feet, said point being the POINT OF BEGINNING; THENCE continuing North 00°45'34" West along the Westerly line of that parcel of land • described in said WD a distance of 91.12 feet to the Northwest corner of that parcel of land described in said WD; i 34995 "- 3499202 08/23/2007 01:14P Weld County, CO 8 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 113 M:\2004295\property descriptions\REMAINDER-68-PROP-DESC.doc Last printed 5/16/2007 5:10 PM (2 of 3) THENCE North 89°51'58" East along the Northerly line of that parcel of land described in said WD a distance of 25.00 feet to the Northeast corner of that parcel of land described in said WD, said point lying on the Westerly line of that parcel of land described in said QCD; THENCE South 00°45'34" East along the Easterly line of that parcel of land described in said WD, also being along the Westerly line of that parcel of land described in said QCD a distance of 91.12 feet; THENCE South 89°51'58" West a distance of 25.00 feet to the POINT OF BEGINNING. Said parcel contains 2,278 sq. ft., or 0.052 acre more or less (t), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and tha,L,itilSe 1e-a d correct to the best of my knowledge and belief. 81/450 6,ciet; .v Stev ehalf of King Surveyors, Inc. Cobra o R'egi'stered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 1 11111111111 11111111111111111111 1111111 III 11111 1111 III1 3499202 08/23/2007 01:14P Weld County, CO 9 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\REMAINDER-68-PROP-DESC.doc Last printed 5/16/2007 5:10 PM • PARCEL NO. 6A EXHIBIT A COLORADO GRAIN & MILLING CO. PROJECT NO. STA 052A-027 SWY4 SEC. 31 , T.2N., R.67W. I JI NOTE: This exhibit drawing is not intended to be a i ( I -.1I monumented land survey. It's sole purpose is as a WEST QUARTER CORNER I IRI graphic representation to aid in the visualization of the SEC. 31, T.2N., R.68W. V I a I written property description which it accompanies. The / / I N m written property description supersedes the exhibit / / I 41 I`- drawing. (3 of 3) / / N Q THERE/S AN EASEMENT TO CON77NENTAL PIPE 3/ / O II LINE COMPANY IN THE 519% OF SEC. .1L T.2N, R.67W. LOCATION CANNOT 6E DETERMINED FROM / /� O DEED.(REC Na 7591465) L-- / /~ 1 THERE IS AN EASEMENT TO THE MOUNTAIN STATES I w I TELEPHONE AND TELEGRAPH COMPANY IN THE SOUTH //6 I I I O I 309' OF THE Melt & IN THE S1'% OF SEC. 31,, T.2N, / / O I s ,VY I Cl R.6719 COCA 770N CANNOT SE DETERMINED FROM / I/ I N bi tIDEED.(6/006 1:329 W fI/ &;48 qy LINE TABLE / / O Z �I / C LINE BEARING LENGTH N I FZ tV r L1 NOO'O1'37'E 120.20' M I I g 0 1'1 L2 N89'51'58"E 235.81' / / / o I I ; I, I L3 NO0'45'34"W 65.99' / /I o ,1 L4 — N00'45'34"W 91.12' / I z l I Q °` L5 N89'51'58"E 25.00' / / I Gi R W L6 SO0'45'34"E 91.12' / 10 z I e-€ t L7 S89'51'58"W 25.00' / /'1 W I SUSAN J. TROUDT, REC. NO. 1571285 / / A CO I Bag O WS P.NTERPRISES,REC. NO. 3442207 I / r C I I "log I ,I�JOFTNR. HALEY, REC.MO. 3447426 / / CO I I 3s6 ✓IT / / N 8 COLORADO GRA1�`T a& �LJWCY C'ltlt / / m I I l"_s L51 REC. no 02184731 / / m J J,I ( STATE HIGHWAY NO. 52 RIGHT-OF-WAY I( ( \ \ (81552 P86 & 81552 P133) I I / I \ � _ L_ I- _/ jL2 _ J 2,278 sg.Jt. — — — — — — r— STATE HIGHWAY NO. 52 SOUTH QUARTER CORNER STA JIB HIGHWAY 7 RIGHT-OF-WAY SEC. 31, T.2N., R.68W. WO 52 (81552 P135 & LICENSE #43613-2) - N89'44'44"E 2455.53' _ 87HST.4EFT - 44 1/ POINT OF I SOUTHWEST CORNER 2 G 7 2 5 z e 1/ r� SEC. 31, T.2N., R.68W. t BEGINNING s s POINT OF COMIgNEMENT t 1 /'/ / , 9 o A•°C;C1CL '' HBO 11111 1111111111 I I 1111111111111 11111 I I I I I I I 34x195 r,: 3499202 08/23/2007 01:14P Weld County, CO 0 10 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder It �?• ' 200 100 0 200 Steven Gpdot6b half of King Surveyors, Inc. Colorado 8gistereii `�rofessionol Land Surveyor #34995 1"= 200' KTNG SURVEYORS, INC. DATDEECT05 N6/07 0:2004295 PR0, 650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU phone: (970) 686-5011 fax: (970) 686-5821 DWG:REMAINDER—CO GRAIN+MILLING www.kingsurvcyors.com DRAWN: MCD CHECKED: SAL Hello