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Home My WebLink About20061368.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS40.5 AND5ANDAUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - GORDON AND JUDY CAMPBELL 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 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 Gordon and Judy Campbell, 1395 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 Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Roads 40.5 and 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 Gordon and Judy Campbell 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 17th day of May, A.D., 2006. BOARD OF •UNTY COMMISSIONERS I ELD CO . QTY, COLORADO ATTEST:, .��9/,G S� ISc !( ile, Chair Weld County Clerk to the Bo { / cL- -rVid . Long, Pro-Tem • BY: d1 d1 1 — �'D uty CI k to the Board 2^' Wilr Jerke APP AS TO FO Y I��1�, Robert D. Masd C my Attorney I4 Glenn Vaad — ________a-Pjg Date of signature: q3l/Ctp 2006-1368 Ni : ,rt4, 73/-, '.PG-- EG0054 Kititie MEMORANDUM 1C. TO: Clerk to the Board DATE: May 11, 2006 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement with Gordon L. Campbell and Judy J.Campbell for Purchase of Right-of-Way for Certain Improvements to WCR 40.5 and WCR 5. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:AFrancieAAgend-Leon.doc 2006-1368 610 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 40 '1 & 5 BETWEEN GORDON L. CAMPBELL AND JUDY J. CAMPBELL AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 6? Yld day of h1 ,2006,by and between GORDON L. CAMPBELL AND JUDY J. CAMPBELL whose is 1395 WCR 401/2, 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." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 40 1/2 and 5, and WHEREAS, Owner 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, 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, Four Hundred, Thirty Three and no/100 ($3,433.00.00) 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. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 111 1111 1 11 1 11111111111 111111 1111 3394610 06/08/2006 11:53A Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aka /36 J' Page 2 of 3 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 One Thousand, Four Hundred Seventeen and no/100 ($1,417.00) dollars for the relocation of approximately 550 linear feet of barbed wire fence outside the new right of way. 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: GORDON L. CAMPBELL OWNER: JUDY J. CAMPBELL 1 11111111111 1111111111 1111 111111111111 1111111111111 3394610 06/08/2006 11:53A Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder P:\W ELDCNTY\C40#9A\Campbell\agreement.doc Page 3 of 3 ATTEST: L, � BOARD OF COUNTY Weld County Clerk to the d ♦ COMMISSIONERS OF WELD k<a '" COUNTY, STATE OF COLORADO t sit pl' t ti By: ^ ti ' ;,1 ;, -gay: Deputy lerk to e Board ' M.J. Geile, Chair MAY 1 7 2006 1111111111HIM 1111 111111 III 11111 JIII IIII 3394610 06/08/2006 11:53A Weld County, CO 3 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder P:\W ELDCNTY\C40#9A\Campbell\agreement.doc ;lee /3tc' EXHIBIT A DEED LEGAL DESCRIPTION A parcel of land located in the Northwest 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 Southwest corner of the Northwest One-Quarter of said Section 29, from whence the Center One-Quarter Corner of said Section 29 bears N88°36'38"E, with all bearings contained herein relative thereto; thence N88°36'38"E along the south line of the Northwest One-Quarter of said Section 29, also being the north line of that right-of- way for Weld County road 40 '/2 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, a distance of 2057.72 feet to the POINT OF BEGINNING; thence N01°23'22"W a distance of 5.00 feet; thence N88°36'38"E parallel to said south line of the Northwest One-Quarter of said Section 29, a distance of 586.59 feet; thence S00°31'32"E a distance of 5.00 feet to a point on the South line of the Northwest One- Quarter of said Section 29; thence 588°36'38"W along said south line, a distance of 586.51 feet, to the POINT OF BEGINNING and containing 0.067 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 "III 11111 111111 IIII 111111 III III 111111111 III1 3394610 06/08/2006 11:53A Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP I a -4- I I• 0, N I 1, u I (` U In I o I o I mi I 1W I N M M I b N I -' I 1i t L O I 2..., u 1 I in m °3:: p I'co ` I �W � � I I M Z 03 to 0 M Z M M \ Z Z n I 2 W o I Crl o I N I a v i I C I la ~ Z A[`1 I M O L..) Leg y t Z Z H Z I O O atrc W U I— N I Kf.-Sa I,. I Zo_J rna 1 r o p I W&',' N N i C 2.0 vi 3 figI c .OU 2 co le N I M O I .- t g< D U I mrc x Ohl :V o N 1 o IxJ>TEs c° � Z •s4 it,: Orin z 0 iSj WELD COUNTY PUBLIC WORKS DEPARTMENT sorer LNS DESIGN WELD COUNTY ROAD 40 1/2 DEED D, DIw.I cu-i D ET OrYD lDTT/l A7 DATE SEPTEMBER 8, 2005 EXHIBIT MAP 111111111111111111111111111 111I1I 111111 III 11I1I IIII IIII 3394610 06/08/2006 11:53A Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a a� MEMORANDUM TO: Clerk to the Board DATE: 7/5/2006 C. FROM: Frank B. Hempen, Jr., P. E. COLORADO Director of Public Works/County Engineer SUBJECT: Consent Agenda Items Deeds of Dedication for improvements to County right-of-way on the WCR 5/WCR 40.5 Project: Ronald &Luann Halverson Living Trust Gordon L. Campbell and Judy J. Campbell Andrew J. Jaeger and Vanessa Jaeger Clinton A. Rockwell III The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc C0 Pw Pi-- , RePt-- „?cc%L -1 ail �R —at-e-0� E DEED OF DEDICATION 894 KNOW ALL MEN BY THESE PRESENTS that GORDON L. CAMPBELL AND JUDY J. CAMPBELL whose address is 1395 WCR 401/2,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: GORDON L. CAMPBELL OWNER:" JUDY J. CAMPBELL ‘;a2,1O-7, z . 6�� f fie(,u Q (eit STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this //P day of :57-)A 6 , 2004 by Gordon L. Campbell and Judy J. Campbell. ness y nd and 1 seal. _out llll 0 09 Pu lic J p " oQ otARy o'; My commission expires: `//W V'8 " D nr;sr iIoIULJIfl1YJJLIIIIj2!'jJIIt'LIJ/IjjI'LIIj!'IIunty, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2©04 -/3S' 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 10th day of July , 20 06 . •ast ATTEST: /0' —/ 4-i/V /�j i.. &'G. • % TY OF WELD, A BODY CLERK TO THE BOARD OF ,18 �qP�'�.. 'iS RATE AND POLITIC OF THE COUNTY COMMISSIONER OF , 1�✓ti ai OF COLORADO THE COUNTY OF WELD r. Rts • BY: &r7z &/ 7 BY: Deputy Clerk to the Board M. J. Geil , hair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD JUL 1 0 2006 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 10th day of July 20 06 ,by, M. J. Celle Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. .••••"" •• ::BFC,s�s d.1 'et NOTARy%• Notary Publi •. C43'. PUBLIG ,.�, My commission expires: MyCommissionfrpirnc Apr:15.2002 I1111111111111111 1111111111111111 11111 III lilt 3403894 07/18/2006 02:36P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder :,?c 6'- '36�' EXHIBIT A DEED LEGAL DESCRIPTION A parcel of land located in the Northwest 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 Southwest corner of the Northwest One-Quarter of said Section 29, from whence the Center One-Quarter Corner of said Section 29 bears N88°36'38"E, with all bearings contained herein relative thereto; thence N88°36'38"E along the south line of the Northwest One-Quarter of said Section 29, also being the north line of that right-of- way for Weld County road 40 %2 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, a distance of 2057.72 feet to the POINT OF BEGINNING; thence N01°23'22"W a distance of 5.00 feet; thence N88°36'38"E parallel to said south line of the Northwest One-Quarter of said Section 29, a distance of 586.59 feet; thence S00°31'32"E a distance of 5.00 feet to a point on the South line of the Northwest One- Quarter of said Section 29; thence S88°36'38"W along said south line, a distance of 586.51 feet, to the POINT OF BEGINNING and containing 0.067 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. 11111111111111111111111 III 1111111IIIIIIIIIIIII11111111C0 3403894 07/18/2006 02:36P Weld County, 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT HAP ,_ cD o U a i Y I �m N rI + W t O y 1 O I O i M W x 1 N M M H OO N —3/4\ I 1 in in ft I w '0 60 •�_ O I d a �O v o la ; I air. 8 Nt• 10 ro ro NI te) Ea gel 00 10 1,O 1 SI U es \ Z M M I \ as—C N 0 Z N �V C W \\` ---o IV m N I en —3l O \ �p N N 1 bpd immot?to a O m is 00 v SI 0 1 0 ID 0 I litj N q j0 ��O `v I p0 S0 1 -0_e O� I `WO n� f �� I 00 WZZZ �M p I N hms OCr K f—CO-a laICA N W I� I 0& _ t -I r a O Q I W>J u$ N r 0 SN0 W p f00 O 400fl CO Y 1 N 0 (O k mm< M pi) U al T0W N 'Q N I 0 'Cr� O aD \ V I D r -0D o $5� WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LWS DEM WELD COUNTY ROAD 40 1/2 DEED mum a" DESCRIPTION DATE SEPTEMBER 8, 2005 EXHIBIT MAP Hello