HomeMy WebLinkAbout20061455.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 40.5 AND AUTHORIZE CHAIR
TO SIGN NECESSARY DOCUMENTS -MOUNTAIN PROPERTY IMPROVEMENT, LLC
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 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 Mountain Property Improvement, LLC, c/o Carol Franko,
303 East 17th Avenue, Suite 1080, Denver, Colorado 80203, 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 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 Mountain Property Improvement, LLC, 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 UNTY COMMISSIONERS
/ 4 \ WELD CO 1TY, COLORADO
•
ATTEST: i,^ 1 . d/6--
. J. c 'le, Chair
Weld County Clerk to the r,
��'� David E. Long, Pro-Tem /
BY:�
9
D putt' CI��� e to th Board .1--t-Thi-h-,—,
Willi m Jerke
APP S TO Yha
Robert D. Masen
— ym
ty Attorney �\_ #2 9244/1 AA
Glenn Vaad�
•
Date of signature: 113NO
2006-1455
EG0054
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MEMORANDUM
IngeTO: Clerk to the Board DATE: May 24, 2006
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Agreement Concerning Purchase of Right-of-Way with Mountain Property Improvement LLC
for improvements to WCR 40.5 in the amount of$2,108.00.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\FrancieWgend-Leon.doc
2006-1455
Page I oft
070 AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 40 ''A BETWEEN MOUNTAIN
PROPERTY IMPROVEMENT, LLC AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this /id day of /h A '1 ,2006,by and between
MOUNTAIN PROPERTY IMPROVEMENT,LLC whose address is C/O Carol Franko,303
E. 17th Avenue,Suite 1080,Denver,Colorado 80203,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 Roads
40'/2, 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 TWO THOUSAND ONE HUNDRED EIGHT and no/100
($2,108.00) 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
HBO 11111 111111111111 liii 11111111111 III 11111 liii fil ,Property Improvement\#2l\Agreement_05-17-06doc
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Page 2 of 2
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: MOUNTAIN PROPERTY IMPROVEMENT, LLC
By: QI Lnartt,l>
Title: �t T
ATTEST: � RR�� BOARD OF COUNTY
Weld County erk to he B'(+ "\► ' L \COMMISSIONERS OF WELD
OUNTY, STATE OF COLORADO 36,
111
By: �1 G S r��►14t„� &Y:/77 4iLci
!I, . Y.S, ;f Geile,
per'
Depu lerk to e Board � C�.yI�kyti i,, M.J. Ge, Chair MAY 3 1 2006
I IIIIII VIII VIII IIIIIII III' IIIIII VIII III VIII HE
IIII .\Mountain Property Improvement\421\Agreement_05-17-06.doc
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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 580.00 feet, to the POINT OF
BEGINNING also being a point on the north line of that right-of-way for Weld County
road 40 'A, 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 647.91 feet; thence N00°39'08"E 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
247.14 feet; thence N86°32'39"E a distance of 247.94 feet; thence N88°37'43"E parallel
to said south line of the Northeast One-Quarter of said Section 29, a distance of 156.76
feet; thence S00°31'50"E a distance of 14.53 feet, to the POINT OF BEGINNING and
containing 0.129 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.
3398070 06/22/2006 01:39P Weld C
11111111111111111111111IIII111111IIIIIIII 1111111111111111111101,11,111901 11111111
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MEMORANDUM
"lige TO: Clerk to the Board DATE: 8/14/2006
FROM: Frank B. Hempen, Jr., P. E.
COLORADO
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 Mountain Property Improvement
LLC
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Franc ie\Agend-Leon.doc
(l k li<<�E i.� r� �,� , ti Pt fMPt_
C3,
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that MOUNTAIN PROPERTY
IMPROVEMENT, LLC, whose address is C/O Carol Franko, 303 E. 17th Avenue, Suite
1080, Denver,Colorado 80203,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: MOUNTAIN PROPERTY IMPROVEMENT, LLC
By: 14- ' 5`fl��
,•)
Title: Vice RPc1Jg l o) tl) i117��✓C�
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this/Ira day of /h y ,20 ti,by
C4,eCL 4/Vi✓ as for Mountain Property Improvement, LLC.
pR A/c-
Witness my hand and official seal.
Notary Public i Q;2 i
U•
'O
My commission expires: •
My Commission ��,',IST,9 ;�UB�*0\- �
��,c OF C�=
çy'L')gp1L'6"
IIIIII IIII III VII IIIIIIII06WelCounty0D 0.00 Steve Moreno Clerk& Recorder
L(Cc NSS
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 , 2006 .
ATTEST: Midi ELA, COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF CORPORA IL E AND POLITIC OF THE
COUNTY COMMISSIONE it TATE OF COLORADO
THE COUNTY OF WELD
BY: ;Kt' 4 -Urn, BY:
Deputy rk to t Board M. J. G le, 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 August
20 06,by, M.J. Geile Chair,BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD.
Witness my hand ani offici seal. ..'
.10 TAR
41(2k-ii Z1� � CG 1 .• 0TARy':p:_
N tary Public _ °r
11.4;:..PUBLIC :%
'&Fo2 co`o ,.
My commission expires: My Commission Expires April to,2008
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3414630 08/25/2006 03:06P Weld County, CO
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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 580.00 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, 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 647.91 feet, to the west line of said parcel; thence N00°39'08"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 274.14 feet; thence N86°32'39"E a distance of 274.94 feet;
thence N88°37'43"E parallel to said south line of the Northeast One-Quarter of said
Section 29, a distance of 103.05 feet, to east line of said parcel; thence S13°55'38"E a
distance of 15.55 feet, to the POINT OF BEGINNING and containing 0.129 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.
1111111111111111111111 111111 1111 1111111 I I 1111111111101
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3414630 08/25/2006 03:06P Weld County, CO - a CD Ln I ilia
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WELD COUNTY PUBLIC WORKS DEPARTMENT
TURNED LWS
DESIGN WELD COUNTY ROAD 40 1/2 DEED
°R°„,
" °" DESCRIPTION 1
N
DATE SEPTEMBER 14, 2005 EXHIBIT MAP
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