HomeMy WebLinkAbout20062685 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 - RUSSELL MARK
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 Russell Mark, 1672 Smoke Ridge Drive, Colorado Springs,
Colorado 80919, 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 Russell Mark, 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 25th day of September, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
4 \ WELD CO TY, COLORADO
ATTEST: ILI, � �„ , :� "�°� '♦. -C�l�
. J ule, Chair
Wel ounty Clerk to the �b"s 'more � l � ('
SO onSI N'(
1'Ll '( `/ ,.,.�.I David E. Long, Pro-Tem
BY:
Depot CIerk o the Board '-n- vhy
W iam H. Jerke
APP DASTOFO \d)\13
Ro ert D. Masden
my ttorney
Glenn Vaad
Date of signature: ID i it4
2006-2685
P EG0054
a
MEMORANDUM
TO: Clerk to the Board DATE: 9/19/2006
C.
FROM: Frank B. Hempen, Jr., P. E.
COLORADO
Director of Public Works/County Engine
SUBJECT: Agenda Item
Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 74 with
Russell G. Mark.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\FrancidAgend-Leon.doc
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2006-2685
269
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 74 BETWEEN RUSSELL G. MARK AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this I '-) day of 56 f7Ch 6„t2006, by and between Russell G.
Mark whose address is 1672 Smoke Ridge Dr. Colorado Springs, CO 80919 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`h 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, 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 ONE THOUSAND SIX HUNDRED SEVENTEEN and
00/100($4,855.00)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.
1
111111111111111111111111111111111111111III11111ill/ 1111
3430269 10/26/2006 02:54P Weld County, CO
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aoo6 -a(acPs
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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.
8. County agrees to compensate the Owner the sum of FIVE THOUSAND EIGHTY FIVE
and 00/100 ($7,345.00) dollars for restoration costs-cost to cure (relocation of 1,200
linear ft. of vinyl fence.). Owner agrees to remove fence within 90 days of receipt of
compensation.
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.
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OWNER: RUSSELL G. MARK
By: A✓ ' t 'i Date: y//3/cab
ATTEST: 4') ,► EL a BOARD OF COUNTY COMMISSIONERS
lj •F WELD COUNTY, STATE OF
d OLORADO
Weld County Clerk to the B� f 4
r
Pb
itBy: f�t t 1 1 �. ( j ZG( BY: ,/i�c.---
Dep, Cler o the Board M.J. Geile, Chair SEP 2 5 2006
3
1111111 IIIII IIIII 11111111111111111 IIIII III Ilill 11111111
3430269 10/26/2006 02:54P Weld County, CO
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DEED DESCRIPTION
PARCEL 5
SHEET 1 OF 2
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED
MARCH 11,2005 UNDER RECEPTION NO. 3269229 IN THE RECORDS OF WELD COUNTY, SAID
PARCEL SITUATED IN THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH,RANGE 67
WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,DESCRIBED
AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED UPON NAD 83/92,COLORADO STATE PLANE NORTH
ZONE WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH,
RANGE 67 WEST BEARING N 01°22' 16"W BETWEEN A 3.25"ALUMINUM CAPPED MONUMENT
MARKED WITH PLS#34995 ON THE SOUTHERLY END AND A 3.25"ALUMINUM CAPPED MONUMENT
MARKED PLS#22098 ON THE NORTHERLY END.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4,
THENCE N89°16'52"E,ALONG THE NORTH LINE OF SAID SECTION 4, 1189.30 FEET TO THE
NORTHWEST CORNER OF SAID SPECIAL WARRANTY DEED;
THENCE S 20°13'00"E, ALONG THE WEST LINE OF SAID SPECIAL WARRANTY DEED, 63.66 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF A SPECIAL WARRANTY DEED RECORDED
DECEMBER 11, 1991 IN THE RECORDS OF THE COUNTY OF WELD AT RECEPTION NO. 02271912,
ALSO BEING THE POINT OF BEGINNING;
THENCE N 89°16'52" E,ALONG SAID SOUTH LINE, 1409.66 FEET TO A POINT ON THE EAST LINE OF
THE NORTHWEST QUARTER OF SECTION 4;
THENCE S 01°36'07"E,ALONG SAID EAST LINE, 10.00 FEET TO A POINT 70.00 FEET AS MEASURED AT
RIGHT ANGLES, SOUTHERLY FROM SAID NORTH LINE;
THENCE S 89°16'52"W,PARALLEL WITH SAID NORTH LINE, 1406.27 FEET TO A POINT TO SAID WEST
LINE;
THENCE N20°13'00"W,ALONG SAID WEST LINE, 10.61 FEET TO THE POINT OF BEGINNING;
CONTAINING 14,083 SQUARE FEET OR 0.3233 ACRES,MORE OR LESS.
I, STEVEN A.DYNES,A SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY
ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
STEVEN A.DYNES,PROFESSIONAL LAND SURVEYOR
COLORADO REGISTRATION NO. 24949,FOR AND ON BEHALF OF:
Farnsworth GROUP, INC.
8055 EAST TUFTS AVENUE,
SUITE 850
DENVER,COLORADO 80237
303-692-8838
THIS DEED DESCRIPTION WAS PREPARED ON JANUARY 25,2006.
1111111 11111111111111111111 11111 11111II111111 11111111
3430269 10/26/2006 02:54P Weld County, CO
4 0l 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT MAP A
N.W. CORNER, 4,
T. 6 N..,, R. W., 1/4 CORNER, SEC. 4,-
67 W., NORTH 1
FND. #6 REBAR W/3-1/4" T. 6 N., R. 67 W.,
ALUM. CAP, PLS #22098 FND. #6 REBAR W/3-1/4"
ALUM. CAP IN RANGE BOX
PLS #22098
RIGHT OF WAY LINE NORTH LINE N.W. 1/4,-
P.O.C. S20-13'00"E -PER RECEPTION NO. SEC. 4, T.6N., R.67W.
63.66' 02271912
1189.30 0
W N89-16'52"E 2619.29'
.0.B. N89-16'52"E 1409.66' o
S89-16'52"W ' 1406.27'
co
to Z� N20-13'00"W PARCEL 5-
u-)
$01-36'07"E�� wN
10.61 N
N P I on 14,083 SQ.FT.>' 10.00' • 3 o o"'
CO 10
3 at 0CeN 0.3233 ACRES? 3 N ao
atO M
wmWan OWNER � f
iWowap MARK, RUSSELL G. zl 3 Mz
CE
b x_J o n Z (NEC. NO. 3269229) .o = ;
tsj
Z �0W Q▪ V M Nw
W Cr W N 3 v
ir 3 red Z
'-Co z
3. Z
zz
w`3
z'-
ma CENTER 1/4 CORNER, SEC. 4,
till:?
T. 6 N., R. 67 W.,
t' FND. #6 REBAR W/3-1/4"
ALUM. CAP, PLS #22098
N
WEST 1/4 CORNER, SEC. 4, 150 0 300
T. 6 N., R. 67 W.,
FND. #6 REBAR W/3-1/4" IIIIIIII
ALUM. CAP, PLS #34995 SCALE: 1" = 300'
cc.
0 c0.. Lice
• CHANGE IN COURSE ONLY NOTE coy'...0A• bjis.. ^a
THIS MAP DOES NOT REPRESENT A :co s'.
P.O.C. POINT OF COMMENCEMENT MONUMENTED SURVEY. IT IS INTENDED 24949
ONLY TO DEPICT THE ATTACHED
P.O.B. POINT OF BEGINNING DESCRIPTION.
'4L LA0
111111111111111111111111111111111111111 III 11111 IIII 1111
3430269 10/26/2006 02:54P Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
WELD COUNTY PUBLIC WORKS DEPARTMENT �Prroject No:304078.01
Farnsworth 1111 H STREET, P.O. BOX 758, GREELEY, CO k ,robed SAD
GROUP TUATED IN SECTION 4, TOWNSHIP 6 NORTH, Date: 01/25/06
8055 EAST TUFTS AVENUE, SUITE R— GE 67 WEST OF THE 6TH PRINCIPAL MERIDI wised:
DENVER, COLORADO 80237 rOUNTY OF WELD, STATE OF COLORADO
(303) 692-8838 / (303) 692-0470 Ftlk 2 OF 2
1D DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that RUSSELL G. MARK, being all of the
owners of certain property in Weld County, Colorado which is described in the attached
Exhibit "A", do hereby dedicated 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 the 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 shall also retain any and all water rights currently attached
or associated with the Right of Way.
4(R SELL�9
State of Colorado)
) ss:
County of El Paso )
The foregoing instrument was acknowledged before me thisjoelay of December, 2006
by: Russell G. Mark
ness my hand and ficial seal.
L TAMMY T. HAUCK
Notary Public NOTARY PUBLIC
\^ STATE OF COLORADO
My commission expires: /0/16/e0/ti My Commission Expires Oct.26,2010
HBO 11111 11111 IIIIII I'll 111111 IIIIII III VIII IIII I'll
3451149 01/26/2007 01:07P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
DCO Zlo`SS
7t2d--) nn:,41), /L L 6LI
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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 day of December, 2006.
ATTEST: • \' li COUNTY OF WELD, A BODY
CLERK TO THE BOARD • ' 8t` N COPRORATE AND POLITIC OF
cfrOVito
�COUNTY COMMISSIONE y. 1
THE STATE OF COLORADO
OF THE COUNTY OF WE !, +1t°.
BY: " -.:Li >,/ - .I ,Zhekt.. _sole BY: / ��t✓
Deputy Cler,. o the Board M. J. eile, Chair
BOARD OF COUNTY
COMMISSIONERS OF THE
OF THE COUNTY OF WELD
STATE OF COLORADO)
)SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this FiT day of
December, 2006 by M. J. Geile, Chair, Board of County Commissioners of the County of
Weld. kp(tY PUB gyp, ;..............����
Witness my hand and official seal. �.
ll'a�� �� MEUNDA 1
2."" f . fns:.'•. GUALANDRI
Notary Public eQ
TFif? CO'''
My commission expires: I p t1, tv My Commission star
11111111111111111 MEI till IIIIII 111111 NMI
IIII Jill 3451149 01/26/2007 01:07P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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DEED DESCRIPTION
PARCEL 5
SHEET 1 OF 2
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED
MARCH 11,2005 UNDER RECEPTION NO.3269229 IN THE RECORDS OF WELD COUNTY,SAID
PARCEL SITUATED IN THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH,RANGE 67
WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,DESCRIBED
AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED UPON NAD 83/92,COLORADO STATE PLANE NORTH
ZONE WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH,
RANGE 67 WEST BEARING N 01° 22' 16"W BETWEEN A 3.25"ALUMINUM CAPPED MONUMENT
MARKED WITH PLS#34995 ON THE SOUTHERLY END AND A 3.25"ALUMINUM CAPPED MONUMENT
MARKED PLS#22098 ON THE NORTHERLY END.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4,
THENCE N89°16152"E,ALONG THE NORTH LINE OF SAID SECTION 4, 1189.30 FEET TO THE
NORTHWEST CORNER OF SAID SPECIAL WARRANTY DEED;
THENCE S 20°13'00" E,ALONG THE WEST LINE OF SAID SPECIAL WARRANTY DEED,63.66 FEET TO A
POINT ON TI-IE SOUTH RIGHT-OF-WAY LINE OF A SPECIAL WARRANTY DEED RECORDED
DECEMBER 11, 1991 IN THE RECORDS OF THE COUNTY OF WELD AT RECEPTION NO.02271912,
ALSO BEING THE POINT OF BEGINNING;
THENCE N 89°16'52" E,ALONG SAID SOUTH LINE, 1409.66 FEET TO A POINT ON THE EAST LINE OF
THE NORTHWEST QUARTER OF SECTION 4;
THENCE S 01°36'07" E,ALONG SAID EAST LINE, 10.00 FEET TO A POINT 70.00 FEET AS MEASURED AT
RIGHT ANGLES,SOUTHERLY FROM SAID NORTH LINE;
THENCE S 89°16'52" W,PARALLEL WITH SAID NORTII LINE, 1406.27 FEET TO A POINT TO SAID WEST
LINE;
THENCE N20°I3'00"W,ALONG SAID WEST LINE, 10.61 FEET TO THE POINT OF BEGINNING;
CONTAINING 14,083 SQUARE FEET OR 0.3233 ACRES, MORE OR LESS.
I, STEVEN A.DYNES,A SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY
ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
STEVEN A. DYNES,PROFESSIONAL LAND SURVEYOR
COLORADO REGISTRATION NO. 24949,FOR AND ON BEHALF OF:
Farnsworth GROUP, INC.
8055 EAST TUFTS AVENUE,
SUITE 850
DENVER,COLORADO 80237
303-692-8838
THIS DEED DESCRIPTION WAS PREPARED ON JANUARY 25,2006.
1111111 11111 11111 111111 111111111111111111111111 H I I E 3451149 01/26/2007 01:07P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT MAP A
N.W. CORNER,. 67 SW., 4, NORTH 1 4 CORNER, SEC. 4,-
FND.T. 6 N.,6 R.REBAR W, /T. 6 N., R. 67 W.,
/B CAP, 1 W220913 END. #6 REBAR W/3-1/4"
ALUM. PLS /22098
ALUM. CAP IN RANGE BOX
PIS #22098
RIGHT OF WAY UNE NORTH UNE N.W. 1/4,
P.O.C. S20-13'00"E PER RECEPTION NO. SEC. 4, T.6N., R.67W.
•3.66' 02271912
189.30
A ' . 9-16'52"E 2619.29' 2
cel
S89-16 52 W 1406.27
wi 7 N20-13'00"W
2 PARCEL 5- S01-36'07"E N W
N F el
a m 10.61 14,083 SQ.FT.7 10.00' 'D sN.
3 JJ, 0zN 0.3233 ACRES? 30: N g00 rOt
t' W J.m yxj'I M DEB a
3•Z vi r-o 4 • MARK. RUSSELL G. Lac!� } �Z
a2_1 o o z (REC. N0. 3269229) - F Y o =d
W ¢ wgi o
a . Kp z
_ z •ace
i
La
CENTER 1/4 CORNER, SEC. 4,
FND. /6 REBAR�w/3-1/4"
ALUM, CAP, PLS #22096
WEST 1/4 CORNER, SEC. 4, 150 0 0 300
T. 6 N6 R. A7 W., I--`�
FND. /6 REBAR W/3-1/4'
ALUM. CAP, PLS #34995 SCALE: 1" = 300'
` .
• CHANGE IN COURSE ONLY NOTE C 'c
THIS MAP DS NOT REPREST A P.O.C. POINT OF COMMENCEMENT MONUMENTED SURVEY. IT IS INTENDED49ONLY TO DEPICT THE ATTACHED
P.O.B. POINT OF BEGINNING DESCRIPTON.
AS
1111111 III 1111111111 11111 I I I I 111111111111111111 III I
3430269 10/26/2006 02:54P Weld County, CO
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r Farnsworth WELD COUNTY PUBLIC WORKS DEPARTMENT Project No3oao7soi
1111 H STREET, P.O. BOX 758, GREELEY, CO ,o 6y TAM
GROUP �y ed: Sno
s TUATED IN SECTION 4, TOWNSHIP 6 NORTH, Date: 01/25/06
8055 R,E T TUFTS COLORADO 80237, SUITE GE 67 WEST OF THE 6TH PRINCIPAL MERIDI wised:
DENVER, (02;7 OUNTY OF WELD, STATE OF COLORADO(303) 692-8838 303 692-0470 F�k 2 OF 2
I 111111 11111 MI 1111111111111111 lit III 1111111111111
3451149 01/26/2007 01:07P Weld County, CO _
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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