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Home My WebLink About20061385.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 40.5 AND 5, ACCEPT DEED OF DEDICATION, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - MINNIE AND MARVIN ROTH 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 40.5 and 5 and a Deed of Dedication 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 Minnie and Marvin Roth, 8106 Bruns Drive, Fort Collins, Colorado 80525,with terms and conditions being as stated in said agreement and deed, and WHEREAS,after review,the Board deems it advisable to approve said agreement and deed, 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 Roads 40.5 and 5 and the Deed of Dedication 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 Minnie and Marvin Roth be, and hereby are, 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 22nd day of May, A.D., 2006. BOARD OF COUNTY COMMISSIONERS . It.. I4 \ WELD COU , COLORADO ATTEST: J��/ 1_�A • N. J cei -, CJ t Weld County Clerk to the ,„, 1 R David E. Long, Pro-Tem BY: ti ' ° 1 'Otf Dep y Clerk the :oard EXCUSED William H. Jerke APP AS TO F EXCUSED Rob rt D. Masd n ou ttorney .Z JAL( (!tA Glenn Vaad Date of signature: I (3`/"Nc) 2006-1385 EG0054 (0 : pw, Pc, 4P°C- 0 6 ,a7-062 a (it MEMORANDUM C. COLORADO TO: Clerk to the Board DATE: May 17, 2006 FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement concerning purchase of right-of-way for improvements to WCRs 40.5 and 5 and Deed of Dedication with Minnie R. Roth and Marvin D. Roth. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Leon Sievers, Right-of-Way Agent M-UrancieAAgend-Leon.doc 2006-1385 067 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 40 '/z & 5 BETWEEN MINNIE R. ROTH AND MARVIN D. ROTH AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 6AD day of TeAy , 2006,by and between MINNIE R. ROTH AND MARVIN D. ROTH whose address is 8106 Bruns Drive, Fort Collins,Colorado 80525,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 Roads 40 'A & 5, 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 TWO THOUSAND, TWO HUNDRED EIGHTY EIGHT and no/100($2,288.00)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. 1111111111111111111111111111111 111111II11111111111111 3398067 06/22/2006 01:39P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder %6 -/.315 Page 2 of 2 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 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 purpose of said rebuilding and improvement project. 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 2006 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: MINNIE R. ROTki OWNER: MARVIN D. ROTH ATTEST:Wdunty £st ?ãIJNIT SSIONERS OF WELD C liATY, STAT OF COLORADO r r. 1l-J Lt n P.'i �.pdul t✓ By: Y BY: vd• i Depu lerk 'o the Board M.J. Geile, Chair MAY 2 2 2006 N111111 11%1111111 IIII IIIII 111111 III IIIII IIIt III 01:39 3398067 WELDCNTY\C40d9A\Roth\agreement doc 2 of 4 R 0.00 B 0.00 Steve Moreno Clerk&Recorder EXHIBIT A DEED LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 29, Township 4 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Northeast One-Quarter of said Section 29, from whence the Southeast Corner of said Section 29 bears S00°16'56"E, with all bearings contained herein relative thereto; thence S88°37'43"W along the south line of the Northeast One-Quarter of said Section 29, a distance of 182.73 feet, to the POINT OF BEGINNING also being a point on the north line of that right-of-way for Weld County road 40 'A, as described in the document Recorded October 10, 1887 in Book 43 at page 495 in the Office of the Clerk and Recorder, Weld County, Colorado; thence continuing S88°37'43"W along said south line of the Northeast One-Quarter of said Section 29 a distance of 182.73 feet; thence N00°46'29"W a distance of 5.00 feet; thence N88°37'43"E parallel to said south line of the Northeast One-Quarter of said Section 29, a distance of 182.73 feet; thence S00°46'29"E a distance of 5.00 feet, to the POINT OF BEGINNING and containing 0.021 acres, more or less. The above description was prepared by Leon Sievers,Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Farnsworth Group, 8055 East Tufts Avenue, Suite 850 Denver, Colorado 80237. AEI 11111 111111111111 IIII 11111 EMI III 11111 IIII IIII 3398067 06/22/2006 01:39P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder C- 4 1yzj i' a o U I \ `o m (BASIS OF BEARING S00'16'56"E� N N \\\ U 1 M 0 o as 1 N N �m 03 W N 0 3 I IN M 0 M M 0 m W CB S at I N 0 O b N N O V — CD 1 Th-Vea —' I imm a —_ C N U I �V = Q. C cg lCD 0 a d —MOM ) \ CD CO I N'' M CA T N X-00 w m 2 w —00 -N W 3N =N0 Q O MI=COOO M M O 03 03 Z N CC CO-Oa —op 0 O CO —CO ci Oi W `T I ` V Z W S0 J I 00 W IJ <ZZ W0 F 0 I O wZ0 N I N NNF W d 3 y�K o) I crCO w N Fgp ID =�J < -1771-. b NWu -I 12-. Z 0J J VIA N 110 or IL -g< H aD mO< 0 10 K0 W 1 U > O a I W ~ M N>W 77 N ZJQ W ~W- U 01 O FLi=j 95D WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LWS DESIGN WELD COUNTY ROAD 40 1/2 DEED DRAWN CEB DESCRIPTION DATE SEPTEMBER 13, 2005 EXHIBIT MAP • 068 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that MINNIE R.ROTH AND MARVIN D. ROTH whose address is 8106 Bruns Drive,Fort Collins,Colorado 80525,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. OWNER: MINNIE R. ROTH OWNER: MARVIN D. ROTH % STATE OF COLO A DO ) ) ss. COUNTY OF Zeic//))no ) 1/ The foregoing instrument was acknowledged before me this/, day of 7145"- ,2006, by Minnie R. Roth and Marvin D. Roth. %hand and official seal. e‘s`l vo, FIN ... ,411 OcARle , Notary Public = ��.� .: PUBt\G :O My commission expires: �y6' /p .2.00‘%o,,,'FoOF.C°,%!� 111111111111 11111 1111111 111111111111111 III HUM IIII 3398068 06/22/2006 01:39P Weld County, CO 1 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder i, 21.7'‘., /S617.5 069 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 22" day of M it , 20O(c . ATTEST: 14 COUNTY OF WELD, A BODY CLERK TO HE B A OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER O- 4/0"44%. STATE OF COLORADO THE COUNTY OF WELD 4�`` a•N,jMlV4' 0 - C Li 1 ST�` BY: ,iii_t2 {-1 f.Lc, G BY: /��j� :�.Gc.) Deputy Jerk to e Board till M. J. Geile, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD MAY 2 2 2006 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Ad The foregoing instrument was acknowledged before me this,-,J day of -Mad , 20 ,byMier-,/f Chair,BOARD OF COUNTY COMMISSIONERS/OF THE COUNTY OF WELD. Witness my hand and official seal. .•••• -•. •ap..BF , .y, 47/-aft ' 2 c,//f ,.eTARY'123A Notary Public •.IA?UBLIC , 0., My commission expires: wfciMhlM i;avo a ro.too 1 Mill 1111111111 VII 111111111111111 III IIIII IIII IIII 3398069 06/22/2006 01:39P Weld County, CO 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder O',CC6-- —/S<f'-43 • EXHIBIT A DEED LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 29, Township 4 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Northeast One-Quarter of said Section 29, from whence the Southeast Corner of said Section 29 bears S00°16'56"E,with all bearings contained herein relative thereto; thence S88°37'43"W along the south line of the Northeast One-Quarter of said Section 29, a distance of 182.73 feet, to the POINT OF BEGINNING also being a point on the north line of that right-of-way for Weld County road 40 '/, as described in the document Recorded October 10, 1887 in Book 43 at page 495 in the Office of the Clerk and Recorder, Weld County, Colorado; thence continuing S88°37'43"W along said south line of the Northeast One-Quarter of said Section 29 a distance of 182.73 feet; thence N00°46'29"W a distance of 5.00 feet; thence N88°37'43"E parallel to said south line of the Northeast One-Quarter of said Section 29, a distance of 182.73 feet; thence S00°46'29"E a distance of 5.00 feet,to the POINT OF BEGINNING and containing 0.021 acres, more or less. The above description was prepared by Leon Sievers,Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Farnsworth Group, 8055 East Tufts Avenue, Suite 850 Denver, Colorado 80237. 1111111 11111 11111111111 111111 I I 11111 11111111 3398068 06/22/2006 01:3913 Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I 1 ! / 1 MAP i U I `o a (BASIS OF BEARING S00'16'56"E) w a U I M N < N 0 N N .\,_m co w N U 3 I 01 0 o I M a o Y„ I En ti m W N m 1 N -to O 'O N I Iv O O - V N I a jam—ca cei CC - C N a 0Ma C-1 O c a� i RU O Q I � m a N MinO�f N 0 ==_ so N CO \ OO cos N n O 0 W N �` m ENO Li 3 I maoo re) en O O E CC M M =0 Ca co nD a CO Q o Z as I a(7 \ I Ca Ca I O is, z Li 3D JI- i Z 0w CJ 4Zr W Q F= I 0 O W• 0 N I 41✓If w P. a 3 z m I p-ew N F5p 10 zJ nt >-< J L b en w u -IC4r - z 0�J 0JQ i O < 0t0 %UbYId / NYF/ W U N ▪ J 25d WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LWS DESIGN WELD COUNTY ROAD 40 1/2 DEED PRISM CLH DESCRIPTION DAIS SEPTEMBER 13, 2005 EXHIBIT MAP Hello