The URL can be used to link to this page

Browse Search

Home My WebLink About20061454.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 40.5 AND 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 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 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 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 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 IE L" WELD CO TY, COLORADO ATTEST: a" 1®� J. ile, Chair Weld County Clerk to the a ' k Q E' o(2i 1 David E. Long, Pro-Tem BY: D ty Cle to the Board "1-1--- Willi Jerke APP DASTOF • 4 \ Robert D. Masden unty A torn tileas) G�Vaad ----- Date of signature: lQ b3/61P 2006-1454 EG0054 ; Pw1 frL 4pAL 06-30 -c26"- MEMORANDUM TO: Clerk to the Board DATE: May 24, 2006 C. 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 and WCR5 in the amount of$3,251.00. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Leon Sievers, Right-of-Way Agent M:AFrancieAAgend-Leon.doc 2006-1454 071 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 40 '1 & 5 BETWEEN MOUNTAIN PROPERTY IMPROVEMENT, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /164lay of /11 ` 7 ,2006,by and between MOUNTAIN PROPERTY IMPROVEMENT,LLC whose address is C/O Carol Franko,303 E. 17'h 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 10`"Street,Greeley,Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 40 '1& 5, and WHEREAS, Owner owns the property described in the attached Exhibit "A" and Exhibit"B", 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"and Exhibit"B",attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of THREE THOUSAND TWO HUNDRED FIFTY ONE and no/100 ($3,251.00)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 111111311 MU NI'I 1"111 III' 111111 11111 111 11111 11'1 I I II 3398071 06/22/2006 01:39P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3106‘-/V57 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: a ,tom G J Title: Vice, T rem/defri0} pro/O_2 ATTEST: � 2 S BOARD OF COUNTY Weld Coun er t e oar ,F; COMMISSIONERS OF WELD ` ' S";:: COUNTY, STAT OF COLORADO sal( • Depu Clerk the Board fah C;ir J. Gei e, Chair MAY 3 1 2006 I Mill 11111 11111 III 111111111111111 11111111 lilt IIII 20\Agreement_05-17-06 doc 3398071 06/22/2006 01:39P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 1227.91 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 100.01 feet; thence N00°39'08"E a distance of 10.00 feet; thence N88°37'43"E parallel to said south line of the Northeast One-Quarter of said Section 29, a distance of 100.01 feet; thence S00°39'08"E a distance of 10.00 feet, to the POINT OF BEGINNING and containing 0.023 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 1111111 111111111111111 111 11111 DOH 3398071 06/22/2006 01:39P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT B 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 Northeast Corner of said Section 29 bears N00°46'28"W, with all bearings contained herein relative thereto; thence N02°51'25"W a distance of 825.58 feet, to a point on the westerly 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 N87°15'58"W a distance of 10.02 feet; thence Ni i°07'18"W a distance of 83.51 feet; thence N00°46'28"W parallel to said westerly Right-of-Way line, a distance of 198.99 feet; thence N13°15'55"E a distance of 103.05 feet to said westerly Right-of-Way line; thence S00°46'28"E along said westerly Right-of-Way line a distance of 381.73 feet, to the POINT OF BEGINNING and containing 0.176 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. AIM 11111 111111111111 IIII 111111 111 III 11111 IIII IIII 3398071 06/22/2006 01:39P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder tLes :% , MEMORANDUM C. TO: Clerk to the Board DATE: 8/14/2006 FROM: Frank B. Hempen, Jr., P. E. COLORADO Director of Public Works/County Engin SUBJECT: Consent Agenda Item For Chair's signature and recording: Deed of Dedication for improvements to WCR 40.5 and WCR 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:\Francie\Agend-Leon.doc (jiyice 4c )(JCL L i71 /7lOyr c200p—/i/t5V 629 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that MOUNTAIN PROPERTY IMPROVEMENT, LLC, whose address is C/O Carol Franko, 303 E. 17`s 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" and Exhibit "B", 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 Ll1l.�i�By: � L,(Y+' arlil) Title: \I STATE Plil STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this leg day of 71I/1(1 ,20 0 6,by C4f0 L /Vas- F�c/- (1,<'0 for Mountain Property Improvement, LLC. Witness my hand and official seal. LtGti13- �Lv1„„�.i(�✓zv�u q�� Notary Public QO:oSARy;;�,1,0 My Commission EXpires r • 01/2612009 ' My commission expires: % ' ire •A�/Eil-•C.• �o: •OF CO\--. IIIIII lull lull lull Ellll llll lllllll Ill lull 3 it 3414629 08/25/2006 1 of 6 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 , 2006 ATTEST: �G�j O 1/7 COUNTY OF WELD, A BODY CLERK TO HE B ARD OF CORPORA I L AND POLITIC OF THE COUNTY COMMISSIONER . EL STATE OF COLORADO THE COUNTY OF WELD wkl a v BY: 3 "a BY: Deputy Jerk to e Board .,••, ' M. J. 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 21st day of August 2006 ,by, M. J. Geile Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. •""'',RN. i /211A > � ��c'�C/`y Public. r / '; .,PUBLAC 4 '•'3op eot.)x • My commission expires: My Commission Expires April 10,2008 111111111111111111111111111IIII1111111III1111111111111O 3414629 08/25/2006 03:06? Weld County, C 2 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder creel,—/g/5 / 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 1227.91 feet, to the POINT OF BEGINNING also being a point on the north line of that right-of-way for Weld County road 40 '4, 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 100.01 feet; thence N00°39'08"E a distance of 10.00 feet; thence N88°37'43"E parallel to said south line of the Northeast One-Quarter of said Section 29,a distance of 100.01 feet; thence S00°39'08"E a distance of 10.00 feet, to the POINT OF BEGINNING and containing 0.023 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. 11111111111111111111 111111 IIII 1111111 III 3414629 08/25/2006 03:06P Weld County, CO 3 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder A2-711111177 EXHIBIT "A" o m o co o co a v UY Uq I N CO �H (BASIS OF BEARING 500'16'56"E) N a w I m M m 1n I o I I I o I I b I W 3 < Y I n n M to to to I arms— N co co _ U 0 ma N b O I IA H z �U cco M Ji- Q1 3 \ I on W C CO 2OJ „ pV O I aW0 _C' C M Z?2 — N O tzt O I- COCZ) I U N1!1r a a o co pad d o y w 0 _�� 2 1 I cc~ln W �Qy \ N T,,,,\-..) �\ Od0 -la O� 77 LJ m V WacW _�O N OM a00 I I; WW <OZ n 04 NO -1(4r — r5k m < �O� XOw a WYF- a 0) W N10 N>w rc< MIMMI=Q 0 ~In M•Ir ~=J 25ri WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY Lws UGH WELD COUNTY ROAD 40 1/2 DEED DAM CLH DESCRIPTION DATE SEPTEMBER 13. 2005 EXHIBIT MAP r• EXHIBIT B 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 Northeast Corner of said Section 29 bears N00°46'28"W, with all bearings contained herein relative thereto; thence N02°51'25"W a distance of 825.58 feet, to a point on the westerly 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 N87°15'58"W a distance of 10.02 feet; thence N11°07'18"W a distance of 83.51 feet; thence N00°46'28"W parallel to said westerly Right-of-Way line, a distance of 198.99 feet; thence N13°15'55"E a distance of 103.05 feet to said westerly Right-of-Way line; thence S00°46'28"E along said westerly Right-of-Way line a distance of 381.73 feet, to the POINT OF BEGINNING and containing 0.176 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 1111111111 111111 1111 1111111I I11111111111 3414629 08/25/2006 03:06P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder AIXIIIRIT MAP • EXHIBIT "B" N 1/16 Cor Sec 29-4-68 II I I I N 1 NI I I O I W In a 2 N. %b I H In0 III �I at q It 3I m In aW Ct W m N I t 3 7o i I D O I NE 1/4b 0 II o I Z I I en co I (so' Ro.W) o !Z I i I i I N8T15'58"W 10.02' / I E 1/4 Cor Sec 29-4-68 NO2'51'25"W 825.58' 0 50 100 200 I J NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED MOH 11111 VIII VIII IIIIIII VIIIII III VIII IIII IIII LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 3414629 08/25/2006 03:06P Weld County, CO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT Sarver oesm• WELD COUNTY ROAD 5 DEED DRAWN CLH DESCRIPTION DATE OCTOBER ], 2002 EXHIBIT MAP Hello