HomeMy WebLinkAbout20061541.tiff RESOLUTION
RE: APPROVE POSSESSION AND USE AGREEMENT CONCERNING PURCHASE OF
RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 40.5
AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - THOMAS AND
LINDA WRIGHT
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 a Possession and Use Agreement
Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 40.5
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 Thomas and
Linda Wright, 1927 Weld County Road 40.5, Berthoud,Colorado 80513,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 Possession and Use Agreement Concerning the Purchase of
Right-of-Way for Certain Improvements to Weld County Road 40.5 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 Thomas and Linda Wright 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 June, A.D., 2006.
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1: BOARD OF CO TY COMMISSIONERS
47 4 \ WELD COUN , COLORADO
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ATTEST: Ley ` ,,v,,,_ .1 j�zd/ �!(i
'� Ml e, Chair
Weld County Clerk to the = • W i
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Davi . Lon Prem
u 1 .p,•> ? Long,BY: �`�
De ty Cler the Board i G','
InsH Jerke
APP ST
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C, ,
Robert D. Man
C ty Attorney
g �J5jp� Glenn Vaad�
Date of signature: I 6
2006-1541
C•0 . PIA), PL / A-ph _ EG0054
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MEMORANDUM
COLORADO TO: Clerk to the Board DATE: 6/1/06
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Possession and Use Agreement with Thomas T. Wright and Linda N. Wright for
improvements to WCR 40.5
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
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2006-1541
551
POSSESSION AND
THIS AGREEMENT is made this'day of in 2006, by and between Thomas
T. Wright and Linda N. Wright, whose address is 1927 Weld County Road 40 ''/3, Berthoud,
Colorado 80513, 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" for the purpose of
granting the irrevocable right to possession and use to County, its contractors, agents and all others
deemed necessary by County for the purpose of rebuilding and reconstructing a portion of Weld
County road 40 1/2. The property involved is described as Exhibit"A", attached hereto and made a
part hereof by reference.
1. In consideration of this irrevocable grant of possession, mutual promises and covenants
contained herein, County will tender the Owner the sum of Five Thousand Sixty Five
and no/100 ($5,065.00) dollars. The County shall be entitled to take possession upon
execution of this agreement. It is understood the sum tendered represents 100 percent of
the County's value of just compensation owed to the Owner and is listed on the
Compensation Computation worksheet attached hereto as Exhibit "B". It is agreed this
sum shall be deducted from any final settlement amount, award, or verdict. It is also
agreed in the event the ultimate settlement amount, award, or verdict is less than this
amount the Owner shall refund the difference to the County.
2. The Owner represents that the title to the property is free and clear of all liens and
encumbrances, except existing easements, warrants and will defend title thereto against
all claims.
3. Owner agrees to grant the right of way to County by Deed Of Dedication.
4. This agreement is made with the understanding the County will continue to negotiate in
good faith with the Owner to acquire the interest in the property. It is further understood
in the event a settlement is not reached within 90 days of the signing of this agreement,
such failure will be a confession that the negotiations to acquire the propertied described
herein have proved futile. At this point, the County may begin proceedings in eminent
domain to acquire title to the property herein described. The County shall not
unreasonable delay the commencement of proceedings under the eminent domain law
once the time provided for in this paragraph has expired. If the County begins
proceedings in eminent domain, it is understood and agreed this agreement shall
continue in effect until either a settlement is reached or a rule and order is entered by the
court, as provided for in C.R.S. 38-1-105(3).
5. It is agreed by the undersigned, in the event proceedings in eminent domain are begun,
1
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3403551 07/17/2006 12:25P Weld County, CO
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the valuation day for determining the amount of just compensation shall be the date on
which payment was tendered to the owner,pursuant to paragraph one above.
6. This Agreement shall be deemed a contract and shall bind the parties and shall extend to
and bind their heirs, executors, administrators, legal representatives, successors, and
assigns.
7. This Agreement embodies all of the 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.
IN WITNESS WHEREOF, the parties hereto have subscribed their names day of
2006.
aorwaly u , da LO W/. ug#i
Thomas T. Wright, er Lm N. Wright,Owner
ATTEST: gage D COUNTY, COLORADO, BY AND
�" OUGH THE BOARD OF COUNTY
CLERK TO THE BOARD 1141ft} .J, ,;,' Az? I I SSIONERS OF WELD COUNTY
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II 3 [ r r .".r"s J�' /
Y.�.(ci
Depu Clerk a Board Y.i'M. . Geile,Chairman JUN 1 2 2006
2
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3403551 07/17/2006 12:25P Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
07006 /S9/
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 365.45 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 214.55 feet; thence N13°51'43"E a distance of 5.18 feet; thence N88°37'43"E
parallel to said south line of the Northeast One-Quarter of said Section 29, a distance of
213.24 feet; thence S00°46'29"E a distance of 5.00 feet, to the POINT OF BEGINNING
and containing 0.025 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.
1111 11111 11111 111111 1111111 11111II111111 11111111
3403551 07/17/2006 12:25P Weld County, CO
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WELD COUNTY PUBLIC WORKS DEPARTMENT
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M UGU WELD COUNTY ROAD 40 1/2 DEED 1 OF 1
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EXHIBIT "B"
COMPENSATION COMPUTATION WORK SHEET
DATE: May 24, 2006
ASSESSOR PARCEL#: 106129100014
OWNER: THOMAS T. AND LINDA N. WRIGHT
PROJECT: Weld County Road 40 %3
LAND: $3,365.00
Based on the estimate of Fair Market Value of 1,089 sq. ft. @ $ 3.09/sq. ft..
EASEMENT: N/A
DAMAGES: $ 1,700.00
Cost to cure for the Owner to build a fence and install landscaping.
TOTAL COMPENSATION: $ 5,065.00
1 111111 11111 111111111111 101 1111111111111 11111 11111111
3403551 07/17/2006 12:25P Weld County, CO
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P:\W ELDCNTY\C40#9A\Wright\W right_CC_W orksheetB.doc
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MEMORANDUM
I TO: Clerk to the Board DATE : November 3, 2006
C.
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Consent Agenda Item
Please submit this items for the Chair's signature:
Deed of Dedication and Acceptance with Thomas T. Wright and Linda N. Wright for improvements
to WCR 40.5
Enclosed is the appropriate documentation.
Enclosures
M:\Francie'AgendaSignature.DOC
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DEED OF DEDICATION
413
KNOW ALL MEN BY THESE PRESENTS that THOMAS T. WRIGHT AND
LINDA N. WRIGHT whose address is 1927 Weld County Road 40 %2,Berthoud, Colorado
80513, 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: THOMAS T. WRIGHT OWNER: LINDA N. WRIGHT ,
•
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STATE OF COLORADO )
) ss.
COUNTY OF W F 4D )
The foregoing instrument was acknowledged before me this Z $ day of ocnA4( ,2006,
by Thomas T. Wright and Linda N. Wright.
Witness my hand and official seal. o‘tuiiiu�r���
NNNN JL-BIR
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Notary Public _ ,OTAJr
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My commission expires: /d-Z7 - 2-0017 OOO : 0c-
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3434443 11/13/2006 04:38P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
c( '. PCU , PL , ffPL_ n 17 -et'
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 8th day of November , 2006 .
ATTEST: 14 " COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF eal E de CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONER a TATE OF COLORADO
THE COUNTY OF WELD
Lie
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BY: Ak 1t _ 1 4Ila, .(;,1\1- BY: C iCri
Deputy rk to e Board M. J. G ile, Chair, BOARD OF
COUNTY COMMISSIONERS OF
THE COUNTY OF WELD 11/08/2006
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 8thday of November
20 06,by, M. S. Geile Chair,BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD.
Witness my hand and off ial seal. %.O01:
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O'NOTARY .A
Notary Publ' • -
.,PUBLtG ..O
My commission expires: Mycomms:;on=,ru id 108
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3434443
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
9t L'IF (tl
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 365.45 feet, to the POINT OF
BEGINNING also being a point on the north line of that right-of-way for Weld County
road 40 '/z,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 214.55 feet; thence N13°51'43"E a distance of 5.18 feet; thence N88°37'43"E
parallel to said south line of the Northeast One-Quarter of said Section 29, a distance of
213.24 feet; thence S00°46'29"E a distance of 5.00 feet, to the POINT OF BEGINNING
and containing 0.025 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.
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WELD COUNTY PUBLIC WORKS DEPARTMENT
SRWY LWS --
DESIGN WELD COUNTY ROAD 40 1/2 DEED
DOFF.,
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