HomeMy WebLinkAbout20061386.tiff RESOLUTION
RE: APPROVE TWO AGREEMENTS CONCERNING PURCHASE OF RIGHT-OF-WAY
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 40.5 AND 5 AND
AUTHORIZE CHAIR TO SIGN NECESSARYDOCUMENTS-CLINTON ROCKWELL III
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 two Agreements 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 Clinton Rockwell III,75 Sand Creek Road, Bridger,
Montana 59014, with terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreements,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 two Agreements 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 Clinton Rockwell Ill be, and hereby are, 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
1jI WELD COU , COLORADO
iii 4.6
41404
1 M. J. ileChair�
n to the Board
Off David E. Long, Pro-Tem
De y Cler the oard EXCUSED
William H. Jerke
AP OV D AS TO EXCUSED
Robert D. Ma den
u ty Attorney AA AA
Glenn Vaad __-
Date of signature: (i 3)
2006-1386
EG0054
P(A)) PL, - 0w--z,70&.
MEMORANDUM
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
Two separate Agreements concerning purchase of right-of-way for improvements to WCRs
40.5 and 5 for two separate parcels held by the same owner, Clinton A. Rockwell III.
One Agreement is in the amount of $3,511.00 and the other Agreement is in the amount of
$854.00.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
2006-1386
066 AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 40 '1 & 5 BETWEEN CLINTON A.
ROCKWELL, III AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this \ 2 day of Mtk'y ,2006, by and between
CLINTON A. ROCKWELL, III whose address is 75 Sand Creek Road, Bridger Montana
59014,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 40
1 & 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 EIGHT HUNDRED FIFTY FOUR and no/100 ($854.00)
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.
111111 11111 11111 1111111 1111 11111 111111 III 11111 1111 IIII
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Page 2 of 3
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. The County will replace the existing fence with a 5-strand barbed wire fence
with vertical "stays" and steel posts spaced approximately every 15 feet, with a wood post
set at every fourth post along the boundary of the County Road right of way. Existing gates
will be re-used or replaced as required. The fence will be the property of the Owner and the
Owner assumes all obligations for maintenance. The Owner hereby provides permission to
the County and its construction contractors and agents to access Owner's property adjacent
to the new fence location for the sole purpose of resetting or reconstructing same.
9. The parties acknowledge that the Owner has irrigation facilities in proximity
to the roadway construction contemplated herein. The County agrees not to disturb said
irrigation facilities. In the event said irrigation facilities are disrupted or damaged by the
roadway construction, the County shall repair and/or replace said facilities to a condition
substantially the same as the existing condition.
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.
111111111111 11111 1111111 111111111111111 III 11111 III! 1111
3398066 06/22/2006 01:39P Weld County, CO
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P:\W ELDCNTY\C40#9A\Rockwell\#9\Agreement_5-8-06.doc
Page 3 of 3
OWNER: CLINTON A. ROCKWELL, III
C G . � 4�
ATTEST: 0 BOARD OF COUNTY
Weld County Clerk to the Board COMMISSIO ERS OF WELD
OUNTY, ATE OF COLORADO
BY: q 1L 'I 1 1.-1'u � a .` ��
Depu lerk to he Board 1 1M1 ! . Geile, Chair
% MAY 2 2 2006
P:\WELDCNTY\C40#9A\Rockwell\#9\Agreement_5-8-06.doc
1111111 11111 III 1111111 IIII 11111 IIIIII III 11111 IIII IIII
3398066 06/22/2006 01:39P Weld County, CO
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&cc6 - /3J'',
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 Northwest One-Quarter of said Section 29,
from whence the Center One-Quarter Corner of said Section 29 bears N88°36'38"E, with
all bearings contained herein relative thereto; thence N88°36'38"E along the south line of
the Northwest One-Quarter of said Section 29, also being the north line of that right-of-
way for Weld County road 40 %z 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, a distance of 1200.00 feet to the POINT OF BEGINNING; thence
N00°31'50"W a distance of 5.00 feet; thence N88°36'38"E parallel to said south line of
the Northwest One-Quarter of said Section 29, a distance of 857.64 feet; thence
S01°23'22"E a distance of 5.00 feet to a point on the South line of the Northwest One-
Quarter of said Section 29; thence S88°36'38"W along said south line, a distance of
857.71 feet, to the POINT OF BEGINNING and containing 0.098 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.
111111111111111111111111111i 111111 III II III III I IIII
3398066 06/22/2006 01:39P Weld C
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WELD COUNTY PUBLIC WORKS DEPARTMENT
DAVEY LDS
DESIGN WELD COUNTY ROAD 40 1/2 DEED
DRAWN CLH DESCRIPTION
DAM SEPTEMBER 27, 2005 EXHIBIT MAP
065
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS
TO WELD COUNTY ROAD 40 '/2 & 5 BETWEEN CLINTON A. ROCKWELL, III
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this I Z day of ;Vtfy , 2006,by and between
CLINTON A. ROCKWELL, III whose address is 75 Sand Creek Road, Bridger Montana
59014,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 40
'A & 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 THREE THOUSAND,FIVE HUNDRED ELEVEN dollars
and no/100($3,511.00)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.
1111111111111111111111111111111111111111111111111111111
3398065 06/22/2006 01:39P Weld County, CO
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Page 2 of 3
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. The County will replace the existing fence with a 5-strand barbed wire fence
with vertical"stays"and steel posts spaced approximately every 15 feet,with a wood post set
at every fourth post along the boundary of the County Road right of way. Existing gates will
be re-used or replaced as required. The fence will be the property of the Owner and the
Owner assumes all obligations for maintenance. The Owner hereby provides permission to
the County and its construction contractors and agents to access Owner's property adjacent to
the new fence location for the sole purpose of resetting or reconstructing same.
9. The parties acknowledge that the Owner has irrigation facilities in proximity
to the roadway construction contemplated herein. The County agrees not to disturb said
irrigation facilities. In the event said irrigation facilities are disrupted or damaged by the
roadway construction, the County shall repair and/or replace said facilities to a condition
substantially the same as the existing condition.
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.
MID 11111 11111 1111111 1111 11111 111111 111 11111 IIII HI
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•
Page 3 of 3
OWNER: CLINTON A. ROCKWELL, III
C C>k L t-Q � \l
ATTEST: i� 4 /./;\ _ I OARD OF COUNTY
Weld County lerk oa` , .+A ;9MMISSIONERS OF WELD
z v LINTY, : •ATE OF COLORADO
1%I
Rrie
Deputy $lerk to he Board M. . Geile, Chair
MAY 2 2 2006
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HIE IIII II111 IIIIII$111111111 1111 ✓ELDCNTY\C40#9A\Rockwell\#7\Agreement_5-10-06.doc
3398065 06122/2006
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r .
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 Northwest One-Quarter of said Section 29,
from whence the Center Corner of said Section 29 bears N88°36'38"E,with all bearings
contained herein relative thereto; thence N88°36'38"E along the south line of the
Northwest One-Quarter of said Section 29, also being 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, a
distance of 600.07 feet to the POINT OF BEGINNING; thence N00°31'50"W a distance
of 5.00 feet; thence N88°36'38"E parallel to the south line of the Northwest One-Quarter
of said Section 29, also being said north right-of-way line a distance of 599.93 feet;
thence S00°31'50"E to a point on the South line of the Northwest One-Quarter of said
Section 29, also being said right-of-way line, a distance of 5.00 feet; thence
S88°36'38"W along the south line of the Northwest One-Quarter of said Section 29, also
being the north right-of-way line, a distance of 599.93feet; to the POINT OF
BEGINNING and containing 0.0689 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 11111111
3398065 06/22/2006 01:39P Weld County, CO
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WELD COUNTY PUBLIC WORKS DEPARTMENT
S MMY LWS
DESIGN WELD COUNTY ROAD 40 1/2 DEED
DAUMCLH DESCRIPTION
DATE SEPTEMBER 27. 2005 EXHIBIT MAP
MEMORANDUM
' C. TO: Clerk to the Board DATE: 7/5/2006
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:\Francie\ABend-Leon.doc
, Pc FC X06 /3g&
892
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that CLINTON A. ROCKWELL, III,
whose address is 75 Sand Creek Road, Bridger, Montana 59014, 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: CLINTON A. ROCKWELL, III
cfft . 4
STATE OF COLORADO )
) ss.
COUNTY OF criAr kn )
The foregoing instrument was acknowledged before me this /3 day of/Z/q / , 20 06,
by Clinton A. Rockwell, III.
Witness my hand d ffrcial seal.
ary Public
My commission expires: '2 -J J
R r
I IIIIII VIII 11111111111 III 1111111111 III 11111 lIII IIII
3403892 07/18/2006 02:36P Weld County, CO
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&ecn -i3 lc
•
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 July , 20 06 .
I/1 ,�1 ,
ATTEST: �1 "�""r/ `�, I /_ l COUNTY OF WELD, A BODY
CLERK TO THE BOARD OFt ORPORAIE AND POLITIC OF THE
COUNTY COMMISSIONERW))afed/allTATE OF COLORADO
g!1••
THE COUNTY OF WELD ' 6i
41
alto 00.e
BY: �.C/�} .o'Xei'G-> 5J' rlc BY: n a
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 10ttday of July
20 06 ,by, M. J. Geile Chair,BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD.
Witness my hand and official seal. ..••.. • ..
> . 41'...........
t ` 'C)".NOTARY•gyp
Notary Publi• �—
\tr;,.,?UBL1C
My commission expires: My Commission fspiresApril IQ 2008
I IIIIII VIII VIII IIIIIII III IIIIIII VIII III VIII IIII IIII 3403892 07/18/2006 02:36P Weld County, CO
2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
o2GG/c /34)6
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 Northwest One-Quarter of said Section 29,
from whence the Center One-Quarter Corner of said Section 29 bears N88°36'38"E, with
all bearings contained herein relative thereto; thence N88°36'38"E along the south line of
the Northwest One-Quarter of said Section 29, also being the north line of that right-of-
way for Weld County road 40 '1 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, a distance of 1200.00 feet to the POINT OF BEGINNING; thence
N00°31'50"W a distance of 5.00 feet; thence N88°36'38"E parallel to said south line of
the Northwest One-Quarter of said Section 29, a distance of 857.64 feet; thence
S0I°23'22"E a distance of 5.00 feet to a point on the South line of the Northwest One-
Quarter of said Section 29; thence S88°36'38"W along said south line, a distance of
857.71 feet, to the POINT OF BEGINNING and containing 0.098 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.
HUH "111111111111111II' llll11111111 III "I'lllllllll
3403892 07/18/2006 02:3613 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 OF 1
DRAWN 0L" DESCRIPTION
DATE SEPTEMBER 27. 2005 EXHIBIT MAP
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