HomeMy WebLinkAbout20061384.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS40.5 AND5 AND AUTHORIZE
CHAIR TO SIGN NECESSARY DOCUMENTS -ANDREW AND VANESSA JAEGER
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 Andrew and Vanessa Jaeger, 1611 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 Andrew and Vanessa Jaeger 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 22nd day of May, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
ELD COU Y, COLORADO
ATTEST: h+ . J� . 1 C{ii
�'' 1 '•� �� J. le, Chair
Weld County Clerk to the ='o ?P` (� r
c� CAL
BY:
Cf- 1 imp, David E. Long, Pro-Tem
De ty Clerk Yo the oard EXCUSED
William H. Jerke
AP AS T EXCUSED
Robert D. Ma den
unt Atto y ^ -�t �
Glenn Vaad
Date of signature: (,2(13/°(-0
2006-1384
EG0054
net Pw, a , t_
L--- 71•. ratIMEMORANDUM
iiiC.
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\kik
Agreement concerning purchase of right-of-way for certain improvements to WCRs 40.5 and 5
with Andrew J. Jaeger.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
2006-1384
076 AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS
TO WELD COUNTY ROAD 40 'A & 5 BETWEEN ANDREW J. JAEGER AND
VANESSA JAEGER AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this /C day of Jim y ,2006,by and between
ANDREW J. JAEGER AND VANESSA JAEGER whose 4fidress is 1611 Weld County
Road 40 '/z,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 10`' Street, Greeley, Colorado 80631
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road
40 % & 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 FIVE THOUSAND ONE
HUNDRED FIFTY and no/100 ($5,150.00)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.
1111111111111111111111111111111111111111111111111111111
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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.
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: ANDREW J. JAEGER OWNER: VANESSA JAEGER
ATTEST:
1 EST / S1S4 .//# %W%:OARD OF COUNTY
Weld County erk to the Board I 4 /I V MMISSIONERS OF WELD
1 4rt 17 ", .dy �.� TY, STATE F)F COLORADO
test all
j
Depu Jerk t the Board �;�,/ ti /.J. eile, Chair if MAY 2 2 2(1(18
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3398076 06/22/2006 01:39P Weld County, CO
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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 Northeast One-Quarter of said Section 29,
from whence the Centereast One-Sixteenth of said Section 29 bears N88°36'45"E,with
all bearings contained herein relative thereto; thence N88°36'45"E along the south line of
the northeast One-Quarter of said Section 29, also being the north line of that right-of-
way for Weld County road 40 %2 as Recorded October 10, 1887 in Book 43 at page 495 in
the Office of the Clerk and Recorder, Weld County, Colorado, a distance of 1072.24 feet
to the Southwest corner of Lot A Recorded Exemption Number 1061-29-1-RE1997 and
the POINT OF BEGINNING; thence N35°43'33"E along the west line of said Lot A, a
distance of 12.54 feet; thence N88°36'45"E parallel to said south line of the northeast
One-Quarter of said Section 29, a distance of 248.45 feet, to a point on the east line of
said Lot A; thence S00°39'08"E along the east line of said Lot A, a distance of 10.00 feet
to the south line of Northeast One-Quarter of said Section 29 also being the north right-
of-way line of Weld County road 40 'A; thence S88°36'45"W along said south line of the
Northeast One-Quarter of said Section 29, and said north right-of-way line, a distance of
255.89 feet to the POINT OF BEGINNING and containing 0.058 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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3398076 06/22/2006 01:39P Weld County, CO
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WELD COUNTY PUBLIC WORKS DEPARTMENT
YMYEY LWS
DESIGN WELD COUNTY ROAD 40 1/2 DEED 1
OF 1
DRAWN CLH
DATE SEPTEMBER 15, 2005 EXHIBIT MAP DESCRIPTION
0
MEMORANDUM
ill D 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:\Fancie\Agend-Leon.doc
k� Ed-a59
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DEED OF DEDICATION
890
KNOW ALL MEN BY THESE PRESENTS that ANDREW J. JAEGER AND
VANESSA JAEGER whose address is 1611 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: ANDREW J. JAEGER OWNER:VANESSA JAEGER
y
STA F CO DO ) /
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this / . day of �V t/E,21V C.
by Andrew J. Jaeger and Vanessa Jaeger.
Witness nd and al. ,',`»lttt Qo,,
N t Public ,e
to sewoa e 4.My commission expires: ! � 70/11)67 + � ��Q@�:
•
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3403890 07/18/2006 02:36P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
& -/3EY
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 Jul , 20 06 .
ATTEST: 1861 tteo TY OF WELD, A BODY
CLERK TO THE BOARD OF r IUORATE AND POLITIC OF THE
COUNTY COMMISSIONER OF , TAT,ASE OF COLORADO
THE COUNTY OF WELD (� ° E .•
BY: ear3ceLS? BY: Z
Deputy Clerk to the Board M. J. Gei e, Chair, 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. Geile Chair,BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD.
Witness my hand and official seal. ...BFC
ri, f , ii,j . ' CO NOTARY IP
otary Publ'
'_, ,PUBL%C, /
.4.F.Fco`e:'
My commission expires: My Commission Irpirn April l0,2008
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3403890 07/18/2006 02:36P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
ci2CCC—�3. "
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 hilly described as follows:
Commencing at the Southwest corner of the Northeast One-Quarter of said Section 29,
from whence the Centereast One-Sixteenth of said Section 29 bears N88°36'45"E, with
all bearings contained herein relative thereto; thence N88°36'45"E along the south line of
the northeast One-Quarter of said Section 29, also being the north line of that right-of-
way for Weld County road 40 '/2 as Recorded October 10, 1887 in Book 43 at page 495 in
the Office of the Clerk and Recorder, Weld County, Colorado, a distance of 1072.24 feet
to the Southwest corner of Lot A Recorded Exemption Number 1061-29-1-RE1997 and
the POINT OF BEGINNING; thence N35°43'33"E along the west line of said Lot A, a
distance of 12.54 feet; thence N88°36'45"E parallel to said south line of the northeast
One-Quarter of said Section 29, a distance of 248.45 feet, to a point on the east line of
said Lot A; thence S00°39'08"E along the east line of said Lot A, a distance of 10.00 feet
to the south line of Northeast One-Quarter of said Section 29 also being the north right-
of-way line of Weld County road 40 '/2; thence S88°36'45"W along said south line of the
Northeast One-Quarter of said Section 29, and said north right-of-way line, a distance of
255.89 feet to the POINT OF BEGINNING and containing 0.058 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 11111111111 1111 1111111 III 111111111111 111 11111 1111 1III
3403890 07/18/2006 02:36P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LWS
DESIGN WELD COUNTY ROAD 40 1/2 DEED 1
DwvN CLH DESCRIPTION OF
DATE SEPTEMBER 15. 2005 EXHIBIT MAP
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