HomeMy WebLinkAbout20061451.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 5 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS -WILLIAM AND EVERDINA PICKERT
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 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 William and
Everdina Pickert, 19504 Weld County Road 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 and
easement, copies of which are 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 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 William and Everdina Picked 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 31st day of May, A.D., 2006.
/ ♦ BOARD OF C UNTY COMMISSIONERS
4 WELD COU , COLORADO
&S4/ J ' m ATTEST: �
•. M. J. ile, Ch it
Weld County Clerk to th`s
otA (Gm
11
9 tkA �, ,"�,� David E. Long, Pro-Tem
BY: �
D: .uty Cle to the Board A.,,
Wil i H. Jerk UVv
APP S TO FO
/ Robert D. Ma den
ounty Atto ey n ,/
l �(3�D Glenn
CPI Vaad
Date of signature: cP
2006-1451
0 P : ?LC, 1 EG0054
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MEMORANDUM
CTO: Clerk to the Board DATE: May 24, 2006
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engine
SUBJECT: Agenda Item
Agreement and Temporary Construction Easement with William Bradley Pickert and
Everdina Annamarie Pickert for the improvements to WCR 5.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
2006-1451
062 Page 1 of 2
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 5 BETWEEN WILLIAM BRADLEY PICKERT AND EVERDINA
ANNAMARIE PICKERT AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 2 3 day of *lag , 2006,by and between
WILLIAM BRADLEY PICKERT AND EVERDINA ANNAMARIE PICKERT whose
address is 19504 Weld County Road 5,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 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 NINE HUNDRED TWO DOLLARS and no/100 ($902.00)
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
1111111111111111111111111111111111111111111111111111111 P\WELDCNTY\C40#9A\PickertkAgreement_05-22-06.doc
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Page 2 of 2
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 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 TWO THOUSAND and no/100
($2,000.00) for damages to silage pit and concrete retention pond.
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: WILLIAM BRADLEY PICKERT OWNER:n EVERDINA
ANNAMARIE PICKERT
•
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ATTEST: �� , BOARD OF COUNTY COMMISSIONERS OF
Weld County Clerk to the Bo. Y " 11,• t WELD COUNTY, STATE OF COLORADO
By: 4,1 361 ,r
la
r rt `�'BY: dj.Co
Depu lerk to e Board '%7 °t M.J. Geile, Chair MAY 3 1 2006
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1111111111111111111111111111 X11111111111111(11 ���� dill P\WELDCNTWC4049A\Pickert,Agreement05-22-06.doc
3398062 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 28, 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 28,
from whence the Northwest corner of said Section 28 bears N00°46'28"W, with all
bearings contained herein relative thereto; thence N02°37'07"E a distance of 506.89 feet,
to a point on the east right-of-way line 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
N00°46'28"W along said east right-of-way line a distance of 645.10 feet; thence
N89°13'32"E a distance of 5.00 feet; thence S00°46'28"E parallel to said right-of-way
line, a distance of 645.10 feet; thence S89°13'32"W a distance of 5.00 feet, to said east
right-of-way and the POINT OF BEGINNING and containing 0.074 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.
I 11111111111 11111 11111111111 IN 111111 III 1111111111111
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Fin-furl .AP
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED N.W 1�4 COR NO2'37'07"E 506.89'
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. Sec-28-4-68
WELD COUNTY PUBLIC WORKS DEPARTMENT
SurvEY L V S
DESIGN WELD COUNTY ROAD 5 DEED 1
I.J
DRAWN »H DESCRIPTION 1
CVTPTT MAP
i
061 TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between WILLIAM BRADLEY PICKERT
AND EVERDINA ANNAMARIE PICKERT whose address is 19504 Weld County Road
5, 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 5, 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:
1. Said Temporary Construction Easement shall expire one year after
commencement of construction.
2. 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.
3. 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.
4. 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.
5. 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.
1111111111111111111111111111111111101 111 11111 1111 1111
3398061 06/22/2006 01:39P Weld County, Co
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07006 -/95/
Page 2 of 2
OWNER: WILLIAM BRADLEY PICKERT OWNER: EVERDINA ANNAMARIE
PICKERT
; QJ t a_ Oah
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledg d before me this 23 day of MA y,
2(lb, by /V/A as 4.///4 for WILLIAM BRADLEY
PICKERT ANI) EVERDINA ANNAMARIE PICKERT, Owners.
tnes hand an �. ial seal. •��a,R.,(%Q,
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otar, e C ems
My Commission Expires: ////c5/a)8 n SF Q,R.
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ILI/ /
ATTEST: , _ --1 ' 7 ♦ COUNTY OF WELD, STATE OF
4- lA : ` \ COLORADO GRANTEE
�oi ,- Ale. y/fL.
De u y Cler o the Board % ^' i Geile, Chairman, Board of
\ �g (� , County Commissioners
♦ ♦ MAY 3 1 2006
111111111111IIIII1111111111111111111111 III In1111kill
3398061 06122/2006 01:39P Weld Coen ry, C0
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P:\WELDCNTY\C40#9A\Pickert\Temporary_Easement_05-22-06.doc
EXHIBIT B
TEMPORARY EASEMENT DESCRIPTION
A parcel of land located in the Northwest One-Quarter of Section 28, 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 28,
from whence the Northwest corner of said Section 28 bears N00°46'28"W, with all
bearings contained herein relative thereto; thence N01°04'14"E a distance of 1,087.06
feet, to a point on the east right-of-way line for Weld County and the POINT OF
BEGINNING; thence N00°46'28"W along said east right-of-way line a distance of 40.00
feet; thence N89°13'32"E a distance of 15.00 feet; thence S00°46'28"E parallel to said
right-of-way line, a distance of 40.00 feet; thence S89°13'32"W a distance of 15.00 feet,
to said east right-of-way and the POINT OF BEGINNING and containing 0.014 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 11111 1111111111111 11111 11111 I I I Ill I ll 111111
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•
Erifiri 1177
AP
NW COR
Sec-28-4-68
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED W 1 4 COR
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. Sec-28-4-68
WELD COUNTY PUBLIC WORKS DEPARTMENT
SARVEY L\JS
DESIGN WELD COUNTY ROAD 5 EASEMENT
DReWW JJ" DESCRIPTION 1 1
.._ .. .. _,.... RYHTRTT MAP
rteLH')
,t MEMORANDUM
TO: Clerk to the Board DATE: 8/16/2006
C
COLORADO FROM: Frank B. Hempen, Jr., P. E.
Director of Public Works/County Engine
SUBJECT: Consent Agenda Item
For Chair's signature and recording:
Deed of Dedication for improvements to WCR 5 with William Bradley Pickert and Everdina
Annamarie Pickert
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
.Cu* A !MCrt
C5L7-(kit(c.
•
626
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that WILLIAM BRADLEY PICKERT
AND EVERDINA ANNAMARIE PICKERT whose address is 19504 Weld County Road 5,
Berthoud, Colorado 80513, being all of the owners of certain property in Weld County,
Colorado,which is described in the attached Exhibit"A",does 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: WILLIAM BRADLEY PICKERT OWNER: EVERDINA ANNAMARIE
PICKERT
Q-O
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this B day ofA�i a f'20O by
as for WILLIAM BRADLEYGPICKERT AND
EVERDINA ANNAMARIE PICKERT, Owners.
itness kn r and .�'f ial seal. 0.0 ft4Q •
/Cr this
�; e J +ptMrSee
s
My commission expires: i��wi lllOF �,
lll��% ``
'
1111111111111111111111111 IIII 1111111 III IIIII IIII iIII
3414626 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: MAIl h 4 COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF I '~, CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONE' t J STATE OF COLORADO
THE COUNTY OF WELD it
000
■■■
BY: lv t. 11 t °`S g BY:
Deputy rk to e Board %' ose M. . Geile, Chair, BOARD OF
COUNTY COMMISSIONERS OF
THE COUNTY OF WELD AUG 2 1 2006
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 21s tday of A„v,sr
20 06,by,M. S. Geile Chair,BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD.
Witness my handdal seal. ..... gF.
1
;, ,�� R 1,2
4c1LilA24JJ NOTA M A 'i
art' Publi
\S I;
My commission expires: MyCommissionhrpinsAprii10,2008
1 11111 11111 11111 11111 111111 1111 11111I I 1111111111 1111
3414626 08/25/2006 03:06P Weld County, CO
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Ce /11-5/
•
EXHIBIT A
DEED LEGAL DESCRIPTION
A parcel of land located in the Northwest One-Quarter of Section 28, 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 28,
from whence the Northwest corner of said Section 28 bears N00°46'28"W,with all
bearings contained herein relative thereto; thence N02°37'07"E a distance of 506.89 feet,
to a point on the east right-of-way line 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
N00°46'28"W along said east right-of-way line a distance of 645.10 feet; thence
N89°13'32"E a distance of 5.00 feet; thence S00°46'28"E parallel to said right-of-way
line, a distance of 645.10 feet;thence S89°13'32"W a distance of 5.00 feet, to said east
right-of-way and the POINT OF BEGINNING and containing 0.074 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.
6P Weld County, CO
Ill%liii III 1111111313 31111 III 1113 1111 It
3414626 0812512006 03:0
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•
• EXHIBIT cD MAP
NW Sec-28-4-68
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3414626 08/25/2006 03:06P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
0 50 100 200 I I 589'I3'32*W 5.00'
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED W 1/4 COR NO2'37'07"E 506.89'
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. Sec-28-4-68
WELD COUNTY PUBLIC WORKS DEPARTMENT
serer 12./9
DONN WELD COUNTY ROAD 5 DEED 1 1
NMI JJH
am Nov DESCRIPTION
Mm November 9, 2006 EXHIBIT MAP
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