HomeMy WebLinkAbout20021119.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 24.5 AND AUTHORIZE
CHAIR TO SIGN NECESSARY DOCUMENTS - RODNEY AND DIANE WOLFE
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 24.5 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 Rodney and Diane Wolfe,
36259 Weld County Road 24.5, P.O. Box 25, Roggen, Colorado 80652, 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 24.5 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 Rodney and Diane Wolfe 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 1st day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
� WELD/ TY, RADO
ATTEST: Glenn Vaad, Chair
Weld County Clerk to th Cc�i�t)
s1 -� EXCUSED DATE OF SIGNING (AYE)
i
� i .4 j David E. L g, Pro-Tern
BY: - i-t , .
Deputy Clerk to the Boar / � ( 6C.)
M. J. eile
APPR ED A F M:
illi m H. J rke
�ounty torn y , &,
Robert D. Masden
Date of signature: 5fi3
/61(/ P WD/re 20EG0046
165 AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 24.5 BETWEEN RODNEY L. WOLFE AND DIANE M. WOLFE
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 22 day of April, 2002,by and between Rodney L. Wolfe
and Diane M. Wolfe, whose address is 36259 Weld County Road 24.5 - PO Box 25, Roggen,
Colorado 80652, 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 24.5, 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 improvement project involves the construction, rebuilding, realignment
and asphalt paving 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 Four Hundred Seventy and no/100
($2470.00) dollars. This consideration is being offered in lieu of condemnation
2. Owner agrees to grant the Right-of-Way to County by Quit Claim Deed, free and
clear of all encumbrances, except existing easements.
3. County agrees to pay the costs of title insurance and recording fees, if necessary as
determined by County.
Page 1 of 3 Pages
1111111111111111111III11111111111111111III11111HEN 2002-1119
2952165 05/16/2002 04:25P Weld County CO
1 of 5 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
•
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.
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 2002 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. Weld County will remove approximately 3001f of existing fence presently located
within the new right of way of Weld County Road 24.5.Weld County will replace the
fence with approximately 230 If of three strand barbed wire, steel and wood post
fence with post spacing approximately every 16 feet and a wood post set
approximately every fourth post. The new fence will be constructed along the new
northerly right of way line of Weld County Road 24.5.
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.
Page 2 of 3 Pages
VII I���� �������� ���
2952165 05/16/2002 04:25P Weld County CO
2 of 5 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
IN WITNESS WHEREOF,the parties have set their hands on the day and year first above
written.
OWNER: OWNER:
1,14_ ( x \-1_,
Rodney L. Wolfe Diane M. Wolfe
TAX ID NUMBER: TAX ID NUMBER:
3g-9-65' - 6 cr‘r 399- a - osier
ATTEST: J 7Ka i' /�'I/" � BOARD OF COUNTY COMMISSIONERS
f., / OF WELD COUNTY, STATE OF
�J ``COLORADO
Weld County Clerk to the : . • frt.' . '�kciBy: a g t1r tare flsf.``�/ SUX—BY: -� ��
Deputy Clerk to the Boar• � N �� Glenn Vaad, Chairman
(O510 i/aan)
1 11111111111 1111111 IIII1111111111111III 11111 1111 IIII
2952165 05/16/2002 04:25P Weld County CO
3 of 5 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
Page 3 of 3 Pages
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Southwest One-Quarter of Section 6, Township 2 North, Range 62
West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully
described as follows:
All that part of the Southwest One-Quarter of said Section 6 lying East of the east Right of Way
line of Weld County Road 73,Northwesterly of the northwesterly Right of Way of Weld County
Road 24.5 and Southerly of the following line: Commencing at the Northwest corner of the
Southwest One-Quarter of said Section 6; thence S00°00'00"E along the West line of the
Southwest One-Quarter of said Section 6 a distance of 331.47 feet; thence N90°00'00"E a
distance of 30.00 feet to the East Right of Way line of Weld County Road 73 and the POINT OF
BEGINNING of said line; thence N90°00'00"E a distance of 15.00 feet; thence S00°00'00"E a
distance of 15.23 feet; thence S89°08'22"E a distance of 192.00 feet to the Northwesterly Right
of Way line of Weld County Road 24.5 and the POINT OF TERMINATION of said line. The
basis of bearing for the above described parcel is the West line of the Southwest One-Quarter of
said Section 6, bearing S00°00'00"E. The above described parcel contains 0.247 acres, more or
less, subject to easements of record.
The above description was prepared by Leon W. Sievers, PLS #23520, Professional Land
Surveyor and Right of Way Agent, in and for Weld County, Colorado.
\\\\\\pullll ii ///
.� 0 ;1/4 �' - ,
9: •
N: _
23520
�- i//// L I APA \\\\`�5
1/l,,111111\\
IIII Ili 11111II III IIII11,1111IIIIIII III110101IIII IIII
295 15 R 010020 0.00 J.A. "Suk1' Tsukamot
W 1/4 EXI Ii�I T
SEC 6-T2N-R62W 62W
v O
, .
• MAP
M_
M L..I
M .. N
to
:. O ,f�, U
O o ^`'., ,C., a
O 0 O9 z
O Z of .•o ,i, 2 .00 M r
/ /N w
C, / 589508 22"E 192.00' QOM
CIP
A P
k -J 0.
riPR�sl.
`RO
SW 1/4
6-2- 62
\ \�OO,,,„,,171,,,„,.s.r /i,
,O SIF ,o**, M
z :•
WO 9Ni :
77- 1J 52O i =dizi 0
/% q.ot \\ -in
i,,,, �A• 4AL LPc,�` U CD
�umllnNN\\\ I
6O � 6O
SW COR A
SEC 6-T2N-R62W
POB = POINT OF BEGINNING
NOTE: R NDP DOES NOT REPRESENT E YONUYENTED
LAND SURVEYT OR ATTACHED
G PLAT. IT TI INTENDED TO POT = POINT OF TERMINATION
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
st V€V L.WS
DEs,DN VELD COUNTY ROAD 24.5 DRAWN 1 DF
DATE APRIL 8, 2002 EXHIBIT MAP
1 111111 11111 Ill III 1111 111111 1111111 1111111 1111 1111
2952165 05/16/2002 04:25P Weld County CO
5 of 5 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
a
re MEMORANDUM I lit 1 II TO: Clerk to the Board DATE: April 25, 2002
11 ' FROM: Frank B. Hempen, Jr.
CDirector of Public Works/County Engineer
• SUBJECT: Agenda Item
COLORADO
Please place the following item on the Board's next agenda:
Agreement for Purchase of Right-of-Way for Certain Improvements to WCR 24.5 with
Rodney L. Wolfe and Diane M. Wolfe
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
C:\WINDOWS\TEMP\AGENDA-3.IRC.wpd
;jCo _- 1( 11
Hello