HomeMy WebLinkAbout20021291.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 4 AND AUTHORIZE CHAIR
TO SIGN NECESSARY DOCUMENTS - RENOAD
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 4 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 Dana Renoad, 19425 Weld
County Road 4, Brighton, Colorado 80603, and Robert Renoad, 32293 Highway 52,
Keenesburg, Colorado 80643, 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 4 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 Dana Renoad and Robert Renoad, 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 20th day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY), COLORADO
�
ATTEST:jajd ,I ' 11' LD' r'z4`'`'K aevcc
Gle aad, C --------
Weld riF f
County Clerk tot ^ �1
w 1 David Ong, Pro-Te
BY: - .ii. • Adz._' _ .- `i ✓7
Deputy Clerk to the Bo
M. J. eile
William H. JerkeJ^
un Attorne & /L
Date of signature:
�9 obert D. Masden
CC 6--& _ .�ene�'d 2002-1291
EG0046
MEMORANDUM
Lis
TO: Clerk to the Board DATE: May 13, 2001
WI ' FROM: Frank B. Hempen, Jr.
CDirector of Public Works/County Enginee
SUBJECT: Agenda Item
COLORADO
Please place the following item on the Board's next agenda:
Agreement Concerning of Right-of-way for Improvements to WCR 4 with Dana S.
Renoad and Robert L. Renoad.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\WPFILES\Francie\AGENDA-5.IRC.wpd
2002-1291
337 AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 4 BETWEEN DANA S. RENOAD AND ROBERT L. RENOAD
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made by and between Dana S. Renoad, whose address is 19425
Weld County Road 4, Brighton, Colorado 80603 and Robert L. Renoad, whose address is 32293
Highway 52, Keenesburg, Colorado 80643, hereinafter referred to as"Owners,"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 4, and
WHEREAS, Owners own 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, Owners wish to cooperate with County in said road improvement.
NOW, THEREFORE, the parties herein agree as follows:
1. Owners agree 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 Hundred Fifteen and no/100($715.00)dollars.
This consideration is being offered in lieu of condemnation
2. Owners agree to grant the Right-of-Way to County by Deed of Dedication,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.
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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 Owners,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. Owners 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.
Owners represent and warrant that all general taxes levied prior to such year have
been paid in full by Owners.
8. Weld County will remove approximately 622 if of existing fence presently located
along the southerly right of way of Weld County Road 4.Weld County will replace
the fence with a four strand smooth 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 southerly right of way line of Weld
County Road 4. County shall remove existing twenty foot wide gate and replace with
two steel tube gates%each ten feet long and installed to pivot at each end and open in
the middle fl o ke it.i i off' at 0 at,•
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.
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IN WITNESS WHEREOF, the parties IN WITNESS WHEREOF, the parties
have set their hands on this /Q day have set their hands on this as day
of , 2002. of ewe- , 2002.
OWNER: OWNER:
4L �etcoi,etaiti la,i)„,akcon,c7
Dana S. RJana-/ & ,
d Robert L. Renoad
4/1OI TAX
ID NUMBER: TAX ID NUMBER:
il/H- s"6 -12114 Sa3 - so -`fy73
ATTEST: fats BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
% COLORADO
Weld County Clerk toti'�B.: -. w'
1861 ,5441.57
By:
•„ St 1"
•
Deputy Clerk to the B:�s�; sue' Glenn Vaad, Chairman
(o5/a0/aoz)
1 111111 11111 III 11111 11111 1111111 I I 11111 1111 1111
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Page 3 of 3 Pages
EXHIBIT A
LEGAL DESCRIPTION
The South 10.00 feet of the North 40.00 feet of Lot B, Recorded Exemption No. 1473-32-1-
RE2278, as found in the Office of the Clerk and Recorder, Weld County, Colorado and located
in the Northeast One-Quarter of Section 32, Township 1 North, Range 65 West of the Sixth
Principal Meridian, County of Weld, State of Colorado and containing 0.143 acres, more or less.
The above described parcel was prepared by Leon W. Sievers, Right of Way Agent in and for
Weld County, Colorado and is based on Recorded Exemption # 1473-32-1-RE2278 as found
under Reception No. 2635491 in the Office of the Clerk and Recorder of Weld County,
Colorado.
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424
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Robert B. Stewart, PO Box 727,
Hudson, Colorado 80642, 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
Robert B. St Owner
STATE OF COLORADO )
) ss.
COUNTY OF WELD )The foregoing instrument was acknowledged before me this 3 day of
OCbber , 20 02, by Robert B. Stewart, Owner
Witness my hand and official seal.
ot
Y Public
My commission expires:
MyCommission Fires
7/1/2006
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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 16th day of October , 20 02 .
ATTEST: IV COUNTY OF WELD, A BODY
CLERK TO THE OA N. - F/7\ CORPORATE AND POLITIC OF THE
Ty COUNTY COMMISSI E Zt-\ STATE OF COLORADO
THE COUNTY OF W I)' :1/"el
WI BY: � BY:
Deputy Clerk to the Bo Davi E. Long, Chai r -Tem
BOARD OF COUNTY C MISSIONERS
OF THE COUNTY OF W D
(Approved 05/20/2002)
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was :. :': "~_.•ed before me this 16th day of
October , 2002 , by Glenn V. •'klAY,.140*.NO OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD. /P./
SHARON •'
E KAH�
Witness my hand and official s-`°
6 //
•. '�
' e rr° ublic
My Commission aping:May 15,2006
My commission expires:
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•
EXHIBIT A
LEGAL DESCRIPTION
The South 10.00 feet of the North 40.00 feet of Lot B, Recorded Exemption No. 1473-32-1-
RE2278, as found in the Office of the Clerk and Recorder, Weld County, Colorado and located
in the Northeast One-Quarter of Section 32, Township 1 North, Range 65 West of the Sixth
Principal Meridian, County of Weld, State of Colorado and containing 0.143 acres, more or less.
The above described parcel was prepared by Leon W. Sievers, Right of Way Agent in and for
Weld County, Colorado and is based on Recorded Exemption# 1473-32-1-RE2278 as found
under Reception No. 2635491 in the Office of the Clerk and Recorder of Weld County,
Colorado.
RIM 1111111 inning
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• MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: Oct. 14, 2002
' CFROM: Frank B. Hempen, Jr.Director of Public Works/County Engineer
•
COLORADO SUBJECT: Chair's Signature Request - Renoad A eement
Please submit this item for the Chair's signature:
Deed of Dedication with Robert Stewart as a follow-up to the Agreement and Resolution
approved originally with Robert and Dana Renoad for improvements to WCR 4. Note that
since the signing of the Agreement,the Renoad property has been deeded to Robert Steward.
(Agreement Document No. 2002-1291)
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\WPFILES\Francie\agendaleon-2.wpd
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