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HomeMy WebLinkAbout20061652.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 40.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RODNEY AND JOYCE PFEIFF 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 and Temporary Construction Easement 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 Rodney and Joyce Pfeiff, 1554 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 and Temporary Construction Easement 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 Rodney and Joyce Pfeiff, 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 19th day of June, A.D., 2006. OARD OF COUNTY COMMISSIONERS � 'a ELD COUNTY, COLORADO • ATTEST: jatakiJ 'L i r-" E ' USED 1 a a' AAi J. e, Chair Weld County Clerk to the Bo P7',/'` i'P 9',/ CDC BY: (1.1 4)(.44{_ficu ' - David E. Long,Pro-Tem De y Clerk to the Board APPRO AST m: N, Raba D. Mason my orney tati `/ /��� Glenn Vaad Da e of signature: ( 2006-1652 EG0054 PL., Ala Pc DO-i3-fl.6 MEMORANDUM CTO: Clerk to the Board DATE: 6/12/2006 FROM: Frank B. Hempen, Jr., P.E. COLORADO Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-way and Temporary Construction Easement for improvements to WCR 40.5 with Rodney S. Pfeiff and Joyce M. Pfeiff. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Leon Sievers, Right-of-Way Agent M:\Francie W Bend-Leon.doc 2006-1652 005 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 40 '1 BETWEEN RODNEY S. PFEIFF AND JOYCE M. PFEIFF AND WELD COUNTY, COLORADO THIS AGREEMENT is made this g day of 2006, by and between RODNEY S. PFEIFF AND JOYCE M. PFEIFF whose address is 4 WCR 40 'A, 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." • WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 40 1/4, 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 Five Thousand Four Hundred Thirteen and no/100 ($5,413.00) 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. 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. MIME IIII IIII 1111111 III 11111 IIII IIII 3400005 06/30/2006 01:27P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ti,. /6,.55,2- Page 2 of 2 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 MI by Owner. 8. County will reimburse the Owner the sum of Three Hundred and no/100($300.00) dollars for the execution of the Temporary Construction Easement form as attached hereto. 9. County will reimburse the Owner the sum of Seven Thousand Nine Hundred Forty Four and no/100($7,944.00)dollars for the value of trees and fencing being affected due to the new road construction. The trees being affected are described as all trees lying within the new road 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: RODNEY S. PFEIFF OWNER: JOYCE M. PFEIFF .X4 AZ W 97-_,k..cyje ATTEST: ,424,410 BOARD OF COUNTY Weld County ler�Board COMMISSIONERS OF WELD COUNTY, n STATE OF COLORADO ea By: atil t L4117 t - 11/42 . Y: Depu lerk tc"the Board David E. Long, Chair -Tem /Pt tqb 06/19/2006 CIO Ili ' I 11111111111111111111111MIHI Ent III111111111Ill 3400005 06/30/2006 01:27P Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder P:WELDCNTY\C4049A\Pfeitl\Agreement 06-08-06.dec &cX2 -/(ci 5a EXHIBIT A DEED LEGAL DESCRIPTION A parcel of land located in the Southeast 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 Northwest corner of the Southeast One-Quarter of said Section 29, from whence the West One-Quarter Corner of said Section 29 bears S88°36'38"W, with a]1 bearings contained herein relative thereto; thence S00°29'59"E along the west line of the Southeast One-Quarter of said Section 29 a distance of OAO et to a point on the south line of that right-of-way for Weld County road 40 'h 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, and the POINT OF BEGINNING; thence N88°36'45"E along said south right-of-way line a distance of 1328.0lfeet to a point on the East line of the West Half of the Southeast One-Quarter of said Section 29; thence N88°37'43"E continuing along said south right-of-way line a distance of]297.79 feet to the west right-of-way line of Weld County road 5 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 S00°16'56"E along said west right-of-way line a distance of 2.07 42ltet; thence S89°43'04"W a distance of 5.00 feet; thence N00°16'56"W parallel to said west right-of-way line a distance of 187.33,-feet; thence N45°49'36"W a distance of 21-.01feet; thence S88°37'43"W parallel to said south right- of-way line a distance of 1277,38 feet; to a point on the East line of the West Half of the Southeast One-Quarter of said Section 29; thence S88°36'45"W parallel to said south right-of-way line a distance of I328.00,feet to the west line of the Southeast One-Quarter of said Section 29;thence N00°29'59"W along the west line of the Southeast One- Quarter of said Section 29 a distance of 5.00`feet to the POINT OF BEGINNING and containing 0327 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. 1 111111 11111 11111 1111111 llii lii11111111 111 11111 IIII IIII 3400005 06/30/2006 01:27P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EX I _A -MA LINE �o � o U dl / o _t co �Nimm ` -- =U U O co v `" • S00.16'56"E 207.42' �� c U v w N \ s_�� ^ N Li m p / N O/ --WEN coN U in / M l Ea.- O CJ I 3 s10o an0 O Si 0 1 O N N/ �. ..4- --MO 3 pto b co s c, - M S CC D \ (f-- N T 5 O - N V 0 ECpI O D• N rn Z O N N a -C7 uilk - 3 ' Z \\ M M Nt NI- bk N N [ n VOa Oa r^ M M us 00 Z U1 ml ° Ni M f W M. 1 Cin W Cl p v v03 M M On to Co to a0 00 o m Z En N Z O SO 03 O \ Z O 01 zO U i O Ow W . > o ^` 2o O N QF0 .- N 3 \ 0 Z-Z L. U = CO Y O N NNAY U (0 N o I (X - N CO , W Yw v m M s o I "ti z O \ N U I Od •� Z I �Ya U Up m WLU N 0 3 V1 . OD Z — U O D.Q m E- 3 W CD O '14 w __In. -_ Q _ U VI N QO0 tal CO CO M MATCH 4. LINE � k 0m,a U M o SOW CO O x t Y N m U1 N Nrtti CO I-✓ih \,,,_J wain O OZ0 l54 WELD COUNTY PUBLIC WORKS DEPARTMENT ssmn LWS _--.— aEs0, WELD COUNTY ROAD 40 1/2 DEED ,l K 1 006 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between RODNEY S. PFEIFF AND JOYCE M. PFEIFF whose address is 1554 WCR 40 Y, Berthoud, Colorado 80513 Grantor 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, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for extra grading and shaping of the roadway ditch during the construction of improvements to Weld County Road 40 'A, in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT "B" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: Said Temporary Construction Easement shall expire one year after commencement of construction. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures, which may interfere with Grantee's full enjoyment of the rights hereunder. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00) dollars for the execution of this Temporary Construction Easement. IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. I 111111 IIIII 111111111111 IIII VIII 1111111 III IIIII IIII IIII 3400006 06/30/2006 01:27P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 2 OWNER: RODNEY S. PFEIFF OWNER: JOYCE M. PFEIFF ----)771_��� STATE OF COLORADO )ss COUNTY OF WELD ) The foregoing Temporary Construction Easement was acknowledged before me this _'day of ..St,.,`L , 2044-, by RODNEY S. PFEIFF AND JOYCE M. PFEIFF, Owners. Wi es y ha and eal. en Ajap Not y ub ' ( r \ a00:1 My commission expires: //7/0/0g {S> 4. GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: ip►usW/p'//v , I IL,a UNTY OF WELD, STATE OF (,_ . t Li_ ,E, Øt DO, GRANTEE De Clerk/to the Board M• `. ,Sc..„...„ tY fi , 1 /19 E. Long, Chair P�o- em . `, 's- ^06/19/2006 1 111111 11111 VII1 1111111111111111111111 III IIII1 IIII MI 3400006 06/30/2006 01:27P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder vra, -i4'.5.,- P:\WELDCNTY\C40#9A\Pfeiff\Temporary_Easement_05-25-06 doc EXHIBIT B TEMPORARY EASEMENT DESCRIPTION A parcel of land located in the Southeast 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 Northeast corner of the Southeast One-Quarter of said Section 29, from whence the South Corner of said Section 29 bears S00°16'56"E, with all bearings contained herein relative thereto; thence S02°28'24"W a distance of 624.00 feet to a point on the west line of that right-of-way for Weld County road 5 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, and the POINT OF BEGINNING; thence S00°16'56"E along said west right-of-way line a distance of 60.00 feet; thence S89°43'04"W a distance of 20.00 feet; thence N00°16'56"W parallel to said west right- of-way line a distance of 60.00 feet; thence N89°43'04"E a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.028 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. 111111111111111111111111 1111 11111111111 III 11111 IIII IIII 3400006 06/30/2006 01:27P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder • EI/4 Cor Sec 29-4-68 J 11 O i O b m ry N89'43'04"E 20.00' C, z t o O D w O O N CO O O U t 1D O O O d O y1 In w rn N c8a Lo 40 N — �CD ES `o U„,5 Imm Z O N n C. a =U C -__'O N d O S N n d 589'43'04"W 20.00' N co W R 5 -r 0 ( 60' R.O. TY. ) - o aroma _co o N —-o,0 —o -Oiwm cc -O-o 0, 0 25 50 SE Cor Sec 29-4-68 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT su+vrr LWS eES,GN WELD COUNTY ROAD 40 1/2 EASEMENT 1 I a MEMORANDUM TO: Clerk to the Board DATE: 8/14/2006 COLORADO FROM: Frank B. Hempen, Jr., P. E. Director of Public Works/County Engineer SUBJECT: Consent Agenda Item For Chair's signature and recording: Deed of Dedication for improvements to WCR 40.5 with Rodney S. Pfeiff and Joyce M.Pfeiff The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc (jr L7 tI i se evict • 627 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that RODNEY S.PFEIFF AND JOYCE M. PFEIFF whose address is 1554 WCR 401/2, 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: RODNEY S. PFEIFF OWNER: JOYCE M. PFEIFF STATE OF COLORADO ) ) ss. COUNTY OF WELD ) 44. The foregoing instrument was acknowledged before me this 27 day of 2L� ,20by RODNEY S.PFEIFF AND JOYCE M. PFEIFF,Owners. • ess y d and o ial Ti uQ���� N tart' u ism p L 3 My commission expires: ////5�,SC) 111111111111111I11111111111111111111111 III 11111 1111 1111 3414627 08/25/2006 03:06P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 21st day of August , 20 06 . ATTEST: '"^e•9 - COUNTY OF WELD, A BODY CLERK TO THE BOARD OF ���� CORPORA 1 E AND POLITIC OF THE COUNTY COMMISSIONER . E,((4 STATE OF COLORADO ecp THE COUNTY OF WELD `last ; BY: ( 1 4 ..wA `BY: Depu lerk to e Board ..tt—yz M. J. Ge' e, C air, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD AUG 21 2006 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 21 s tday of August 2006 ,by,M. J. Geile Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand a official seal. j;BFI otary Publi : —.e�— PUBLtG ••'�°jFo�co�d�°' My commission expires: My CemmissienExpiies April 10,2009 I I"11111111 11111 VIII 111111 IIII 11111'1 III 11111 IIII IIII 3414627 08/25/2006 03:06P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder d60 ,/6 EXHIBIT A DEED LEGAL DESCRIPTION A parcel of land located in the Southeast 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 Northwest corner of the Southeast One-Quarter of said Section 29, from whence the West One-Quarter Corner of said Section 29 bears S88°36'38"W, with all bearings contained herein relative thereto; thence S00°29'59"E along the west line of the Southeast One-Quarter of said Section 29 a distance of 60.00 feet to a point on the south 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, and the POINT OF BEGINNING; thence N88°36'45"E along said south right-of-way line a distance of 1328.01 feet to a point on the East line of the West Half of the Southeast One-Quarter of said Section 29; thence N88°37'43"E continuing along said south right-of-way line a distance of 1297.79 feet to the west right-of-way line of Weld County road 5 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 S00°16'56"E along said west right-of-way line a distance of 207.42 feet; thence S89°43'04"W a distance of 5.00 feet; thence N00°16'56"W parallel to said west right-of-way line a distance of 187.33 feet; thence N45°49'36"W a distance of21.01feet; thence S88°37'43"W parallel to said south right- of-way line a distance of 127738 feet; to a point on the East line of the West Half of the Southeast One-Quarter of said Section 29; thence S88°36'45"W parallel to said south right-of-way line a distance of 1328.00 feet to the west line of the Southeast One-Quarter of said Section 29; thence N00°29'59"W along the west line of the Southeast One- Quarter of said Section 29 a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.327 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. IIIIII1111IIIIIio11lIIII1111111III 9INIIE 3414627 08/25/2006 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk&Recorder Er I I MAT /CH LINE m (/ / m I ` 0 I CL m co a " " SO0'16'56"E 207.42' O I N\ U 33- w VI LO i 1 O U w N C U U M in ' o n co m o o — 0 cv 3 v to;n m to t0 n O o M n h in b r r V o rn ^ to 7 csi N ,t p 7 R w 3 \ M en \ to n r to r�r MLf) CO Oa Y 7 N O O Ood 00 N N to to 4.-4, O w 3 O 6 to in czi o n "ztC . 0 6 _ w M tO - d co 0 to m o u rii se; rn Z co z V — Di- a� o p ZO O z V 47 L p MI—I — U o to I 0 MZ) z =O .. I N \ aF0 _ �_d O U in N `0 1 atrc mim3f n co cn N 0 I o � w rii d C1- urn o jp a 1 O 1 n�.. o g 0 ID2, o \" 0 - c3 z ��H - 7 f 0 0 l k Ww° o o /1 N 3 N H O�U o U'MOI \ anp 0 Ow 100 7 w m o a t N-Opp. J i_ Q 3 0 N 2 Z O �N -Xr m m MATCH LINE r• _ir —_-N O CI o 20Q L" M o zOLi li p� " U W o rr ui 0 CO you N< X0<Q CO �r O \ 1 " O C' M e zId WELD COUNTY PUBLIC WORKS DEPARTMENT scary 0'5 DESIGN WELD COUNTY ROAD 40 1/2 DEED 1 ,l Hello