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Home My WebLink About20061369.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS40.5 AND 5 ANDAUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DEBRA EDWARDS AND REBECCA ROGERS 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 Debra Edwards and Rebecca Rogers, 19533 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, 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 Debra Edwards and Rebecca Rogers 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 COUNTY COMMISSIONERS ';,t �"&a\ ELD • I NTY, COLORADO ATTEST: ""'zcy , �• / :5," ., ,�a3A__ j . Geile, Chair Weld County Clerk to the B• Fir 4‘ \J vr 0 J Vt �e2cti David E. Long, �ro-Tem BY: � � D ty Cle to the Board Willem H. Jerke 3VAS7Robert D. Masdbn z-7----7 o Glenn Va (ictel2 ad d Date of signature: t f 3I/0(0 2006-1369 EG0054 eo ' sW, Pt, 4-/ e(0-01-2/-0 6 riLH" ot MEMORANDUM 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 Debra S. Edwards and Rebecca L.Rogers 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:\Francie W gend-Leon.doc 2006-1369 0 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 40 'V2 & 5 BETWEEN DEBRA S. EDWARDS AND REBECCA L. ROGERS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of ,2006,by and between DEBRA S. EDWARDS AND REBECCA L. ROGERS whose dress is 19533 County Road 5, Berthoud, Colorado 80513, hereinafter referred to as "O er", 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 '/2 & 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 Seven Thousand Seven and no/100($7,007.00)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. 11111111111111111111111111111111111111111 11111111111 3394611 06/08/2006 11:54A Weld Conn , C 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk:Recorder &et& -i36 9 • , Page 2 of 2 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 Five Thousand Eight Hundred Forty Three and no/100($5,843.00)dollars for the replacement of about 400 linear feet of welded steel fence that is within 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: DEBRA S. EDWARDS OWNER: REBECCA� L. ROGERS < cr ATTEST: G / L`icam`6` OARD OF COUNTY Weld County er t the r (r R . iv fa MMISSIONERS OF WELD 4 t1�f+UNTY, STAT COLORADO W By: �"�i ', i LU'ZC 1®yiwiEt , BY: 4-1 Deput lerk to the Board M.J. Geile, Chair MAY 1 7 2006 1111111 IIIII 1111 11111 Iill 1111 111111 III 1111111111111 ELDCNTY C40#9A Edward-Rogers\ageemenidoe 3394611 06/08/2006 11:54A Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2C,O 6 vi3‘fr 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 30.0 feet, to the POINT OF BEGINNING also being a point on the north line of that right-of-way for Weld County road 40 'h, and 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; thence continuing S88°37'43"W along said south line of the Northeast One-Quarter of said Section 29, a distance of 152.73 feet; thence N00°46'28"W a distance of 5.00 feet; thence N88°37'43"E parallel to said south line of the Northeast One-Quarter of said Section 29, a distance of 142.72 feet; thence N43°55'37"E a distance of 7.11 feet; thence N00°46'28"W parallel to the east line of the Northeast One-Quarter of said Section 29, a distance of 164.98 feet; thence S89°13'31"W a distance of 5.00 feet; thence N00°46'28"W parallel to said east line of the Northeast One-Quarter of Section 29, a distance of 63.47 feet, to the north line of recorded exemption number 1061-29-1-RE-2064; thence N88°37'43"E along said north line a distance of 10.00 feet to said west right-of-way line of said Weld County road 5;thence S00°46'28"E along said west right-of-way line a distance of 238.50 feet; to the POINT OF BEGINNING and containing 0.052 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. 111111111111 IIIII 111111 limn III 11111 DUI 3394611 06/08/2006 11:54A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT 1VIA P N88'37'43'E 10.00' v IJL m r co Z I S89.13'31'W 5.00'- �I AA h � ` I tO m 4 W k4\ NE //4 I N43'55'37'E 7.11'- I NOO'46'28'W 5.00' I N88'37'43'E 142.72' 30.00' E1/4 Cor 588'37'43'W 152.73' S813137.43.W Sec 29-4-68 CE1/16 Cor Sec 29-4-68 I ca WCR 40 1/2 ( so' Ro.n- ) l b 0- I " SE Cor See 29-4-68 0 25 50 100 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 user LwS COM WELD COUNTY ROAD 40 1/2 DEED 1 OltiON Den OCTOBER 03. 2005 EXHIBIT MAP 11111111111111111111111 IIII 111111111111 III 11111 IIII IIII 3394611 06/08/2006 11:54A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder MEMORANDUM CTO: Clerk to the Board DATE: 6/21/2006 FROM: Frank B. Hempen, Jr., P. E. COLORADO Director of Public Works/County Engineer SUBJECT: Agenda Item - CONSENT Deed of Dedication with Debra S.Edwards and Rebecca L. Rogers for road improvements to WCR 5. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Leon Sievers, Right-of-Way Agent M:\Francie W gend-Leon.doc [1119,14 Atp1(6. i 2 5 Y '2CCu 1"—L?e 432 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that DEBRA S. EDWARDS AND REBECCA L. ROGERS whose address is 19533 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", 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: DEBRA S. EDWARDS OWNER: REBECCA L. ROGERS STATE OF COL DO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /-I day of,Adn e ,20 0 (Q by Debra S. Edwards and Rebecca L. Rogers. Wi ess y1r.and an. . a is seal. flhIHhI ,`��1 II s.��'_�.►.rte\ .� fie► �i ve r • No ar ' �iSL'�' = DAM s S? / M Q My commission expires: l ! `0 ! 8 O : °• tt tp'4TE of % �, 'IId1110 1111111 11111111111111111 1 11111111111111 I I 11111111111111 3401432 07/07/2006 12:14P 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 28th day of June , 20 06 ATTEST: /Mk"k" COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORA I L AND POLITIC OF THE COUNTY COMMISSIONER E La STATE OF COLORADO THE COUNTY OF WELD rut if4; 1/40 BY: Itii t ititlt.._Wit. Y y" BY' 7-1 Deput lerk to he oard M. J. Geile, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD JUN 2 8 2006 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 28thday of June 2006 ,by,M T GPi 1P Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. /.$„..S.;efCy• // /:? gTAR).3 otary Public ; , PUBLIC ;)• .? .4oF COQ ' MyCommissieo(spins April 10,2008 My commission expires: 111111111ll1VIIIIIIII1IVIIIVIIIVIIIIIII1ll1IIIItill 3401432 07/07/2006 12:14P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aJ2 -/5)E 2 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 30.0 feet, to the POINT OF BEGINNING also being a point on the north line of that right-of-way for Weld County road 40 '/2, and 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; thence continuing S88°37'43"W along said south line of the Northeast One-Quarter of said Section 29, a distance of 152.73 feet; thence N00°46'28"W a distance of 5.00 feet; thence N88°37'43"E parallel to said south line of the Northeast One-Quarter of said Section 29, a distance of 142.72 feet; thence N43°55'37"E a distance of 7.11 feet; thence N00°46'28"W parallel to the east line of the Northeast One-Quarter of said Section 29, a distance of 164.98 feet; thence S89°13'31"W a distance of 5.00 feet; thence N00°46'28"W parallel to said east line of the Northeast One-Quarter of Section 29, a distance of 63.47 feet, to the north line of recorded exemption number 1061-29-1-RE-2064; thence N88°37'43"E along said north line a distance of 10.00 feet to said west right-of-way line of said Weld County road 5; thence S00°46'28"E along said west right-of-way line a distance of 238.50 feet; to the POINT OF BEGINNING and containing 0.052 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. 111111111111 11111 1111111111111111111111 III 111111111 IIII 3401432 07/07/2006 12:14P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder I N88'37'43"E 10.00' NI a I JL b I N 3 I I N 10 1 a O O Z I I 589'13'31"W 5.00' / I to I Tb 03 M I N 1 W 17 I N 1 ZO b m a a o '0 0 W co kr3 I N10 ' a V NE 1/4 z j I N43'55'37"E 7.11' \ NO0'46'28"W 5.00' N88'37'43"E 142.72' 30.00' E1/4 Cor 588'37'43"W 152.73' 58897143"W Sec 29-4-68 CE1/16 Cor Sec 29-4-68 ' z m 1O Din O NO N V01 m 4_,.... SE Cor Sec 29-4-68 0 25 50 100 ILA I IIIIIII VIII VIII IIIIIII VIII VIII VIII III IIIIIIII!IIII NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 3401432 Q]/Q]/'1006 12:14P LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 4 of 4 R 0.00 0 0.00 Steve Weld County, Co ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. Moreno Clerk& Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT SuWE. LWS DESIGN WELD COUNTY ROAD 40 1/2 DEED DRAWN cLH DESCRIPTION DATE OCTOBER 03, 2005 EXHIBIT MAP l Special Power of Attorney I, Debra S. Edwards, of 19533 Weld County Road 5, Berthoud, CO 80513, make this Special Power of Attorney appointing my sister, Rebecca Lynn Rogers, also of 19533 Weld County Road 5, Berthoud, CO 80513, as my true and lawful attorney-in-fact. Because I will be unable to meet with the Weld County representative on June 14, 2006, and because time is of the essence, my attorney-in-fact is authorized to act for me as follows: 1. To take those specific actions, including signing any and all documents, including but not limited to any deed, title, property description of whatever kind and nature necessary to sell or convey my interest in that portion of the property at 19533 Weld County Road 5, Berthoud, CO, that Weld County desires and requires for improvements to Road 5, and to execute and cause to be recorded any and all deeds or other writings that may be necessary with respect to transactions involving such property. 2. To instruct any entity or person having custody or control of my interest in or to the above-reference property, and I authorize that person or entity to rely upon such instructions. 3. To pay all sums of money that may now or in the future be owing by me on the above-referenced property, whether the obligation is incurred by me or by my attorney- in-fact, to compromise or submit to arbitration any claim, whether it is against me or in my favor, and to receive or give releases in connection with claims against me or in my favor. 4. To make, sign, acknowledge and deliver any contract, deed or other document relating to the above-referenced property, and to perform any contract binding either me or my attorney-in-fact. 5. To sign, make, execute, and file in my name and on my behalf with any tax authority, any tax returns, forms and reports that may be required by law. Any person , firm or corporation shall be fully protected in relying upon this Special Power of Attorney unless and until actual notice of my death is received. I hereby ratify and confirm all actions which may be taken by my attorney-in-fact. This Special Power of Attorney shall not terminate upon my disability, but will remain effective upon such disability. PowerofAttorney forRebeccaRogers ©National 1031 Exchange Service 2006 (6/13/2006) -1- All Rights Reserved • I reserve the right to terminate this Power through appropriate written notice to my appointed representative, Rebecca Lynn Rogers. If this instrument is executed in more than one counterpart, any one counterpart shall , for all purposes, be deemed an original. Witness my signature and seal this this 1f Ju .iieDebra S. Edwards State of Colorado County of Boulder, to wit: The foregoing instrument was signed and acknowledged before me this 13`h day of June, 2006, by Debra S. Edwards. ne ^(� Ti NOTARY PUBLIC MY COMMISSION EXPIRES: NOM S3IlldX3 NQ!'SSII11 rr t.i.1 ` A% ' WµISS,ION EXPIRES.' 10 : NO TA •yY• 0.41 40--""`••••.-1, •. 7j�; ei. iC 0 Op.tCJ...:„v,r� PowerofAttorney forRebeccaRogers ©National 1031 Exchange Service 2006 (6/13/20061 -2- All Rights Reserved Hello