HomeMy WebLinkAbout20020914.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 - EICHNER
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 Howard and Marilyn Eichner,
14001 East Marina Drive, Apt. #308, Aurora, Colorado 80014-3722, 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 Howard and Marilyn Eichner 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 15th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, OLO DO
La
ATTEST: / z 6
GI Vaad, Chair
Weld County Clerk to t 041/42
BY:
G?�lf£av d `:.f7 . David E. ng, Pro-Tem\
Deputy Clerk to the Bo ~_ `' / fall
. J. elle
APPROV D AS TO FOR .
EXCUSED
William H. Jerke
minty Attorney ,RA A r
/ Robert D. Masden
Date of signature: �(-2C
2002-0914
e6 - ALJ, Ed/dATie r EG0046
• MEMORANDUM
ifStimp6
TO: Clerk to the Board DATE: April 8, 2002
Will FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
•
COLORADO
Please place the following item on the Board's next agenda:
Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 4
with Howard H. Eichner and Marilyn S. Eichner
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\W PFILES\Francie\AGENDA-4-IRC.wpd
2002-0914
•
803
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 4 BETWEEN HOWARD H. EICHNER AND MARILYN S.
EICHNER AND WELD COUNTY, COLORADO
•THIS AGREEMENT is made this day of r,�; , 2002 by and between
Howard H. Eichner and Marilyn S. Eichner, whose address is 4001 East Marina Drive,Apt#308,
Aurora, Colorado 80014-3722,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 4, 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 Four Hundred Twenty Three and 50/100 ($423.50)
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.
Page 1 of 3 Pages
1111111 VIII 1111111 III 1111111 1111 111111 III VIII IIII IIII
19of85 R 0.00/20 0.001W d CountylC0u�moto 2/1
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
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. Owner agrees to Grant to County, its successors and assigns, a temporary
Construction Easement, by using substantially the Easement form attached hereto,
as Exhibit "B", free and clear of all encumbrances, except existing easements.
County will reimburse the Owner the sum of Three Hundred and no/100 ($300.00)
dollars for this Construction Easement.
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
1111111111111111111 III 1111111 IIII 111111 III 11111 1111 IIII
2949803 05/08/2002 11:28A JA Suki Tsukamoto
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
-/elazt4 gi ge0L-1/42 .
Howard H. Eichner, Owner Maril S. Eichner, Owner
TAX ID NUMBER: TAX ID NUMBER:
sa 1- 36- /s5/ 524 - .30 - 4-z33
ATTEST: ELS
E OARD OF COUNTY COMMISSIONERS
�/I►�:lWELD COUNTY, STATE OF
•� ' �RADO
Weld County Clerk to the Board( 1861 ��o°�4v
7
er, WA, S / Q
Deputy Clerk to the Board ��� Glenn Vaad, Chairman o `f-/s---o, ,
Page 3 of 3 Pages
AIM 111111111111 III 1111111 IIII 111111111 VIII 1111 III
2949803 05/08/2002 11:28A JA Suki Tsukamoto
3 of 5 R 0.00 D 0.00 Weld County CO
EXHIBIT A
LEGAL DESCRIPTION
A strip of land, 5.00 feet in width, being located in the Northwest One-Quarter of Section 33,
Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of
Colorado and more fully described as follows:
Commencing at the Northeast corner of the Northwest One-Quarter of said Section 33, from
whence the Northwest corner of said Section 33 bears S89°39'26"W, with all bearings herein
relative thereto; thence S85°29'45"W a distance of 413.42 feet to a point on the South line of
Weld County Road #4 and the POINT OF BEGINNING; thence S00°40'30"E a distance of 5.00
feet; thence S89°39'26"W a distance of 1050.33 feet; thence N00°00'00"W a distance of 5.00 feet
to the South line of Weld County Road #4; thence N89°39'26"E along said South line a distance
of 1050.27 feet to the POINT OF BEGINNING and containing 0.121 acres, more or less.
Note: The above description was prepared by Leon W. Sievers, Right of Way Agent, in and for
Weld County, Colorado and is based on survey information provided by Frederick Land
Surveying, 1528 North Lincoln Avenue, Loveland, Colorado 80539
1111111 11111 1111111 III 1111111 111111111 I I 111111 1111111
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED Z N r �Z
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ILLUSTRATE THE ATTACHED LEGAL DESCRIPTIONS ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LWS
DEWAN WELD COUNTY ROAD 4
DRAWN 1 °F 1
DARE MARCH 20, 2002 EXHIBIT MAP
055
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Howard Eichner and Marilyn Eichner,
Grantor and the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, Grantee. Said Temporary Construction Easement is
for use during the construction of improvements to Weld County Road#4, in and to, over, under
and across the following described land:
SEE ATTACHED EASEMENT LEGAL DESCRIPTION AND EXHIBIT MAP
Together with all rights and privileges as are necessary or incidental to the reasonable and proper
use of such easement. Said temporary easement is subject to the following conditions and
covenants:
1. Said Temporary Construction Easement shall commence on April 1, 2002, and
shall expire and be of no further force or effect on December 31, 2002.
2. During the term of this temporary easement, Grantor shall not erect or construct,
or allow to be erected or constructed, any building or other structures which may
interfere with Grantee's full enjoyment of the rights hereunder.
3. As a condition of the granting of this Temporary Construction Easement, the
Grantee covenants and agrees to restore said lands to a level comparable to their
original condition.
4. All of the covenants herein contained shall be binding upon and inure to the
benefit of the parties hereto, their respective personal representatives, successors
and assigns.
Page 1 of 2 pages
I HID 11111 III 1111111111111111 nit IIII IIII
2960055 06/11/2002 11:44A Weld County, CO
1 of 3 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto.
Dated this 2O day of Moto , 2002.
tevii ?e -it)
Howard Eichner, Owner Marilyn aFahner, Owner
TAX ID NUMBER: TAX ID NUMBER:
5 )- _36- %S6- l .��Zq - 30 — &ez33
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: Mk) / Ian` COUNTY OF WELD, STATE OF
i7V.. I I t�LORADO, GRANTEE
D/ 2 4j4 e
eputy Clerk o the Board � as. .. Sitar Mr n Vaad, Chacr els 4 irm oard of County
Ixr� � missioners. off-/��—
Page 2 of 2 pages
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2960055 06/11/2002 11:44A Weld County, CO
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EXHIBIT B
EASEMENT LEGAL DESCRIPTION
A parcel of land, located in the Northwest One-Quarter of Section 33, Township 1 North, Range
65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully
described as follows:
Commencing at the Northeast corner of the Northwest One-Quarter of said Section 33, from
whence the Northwest corner of said Section 33 bears 589°39'26"W, with all bearings herein
relative thereto; thence S85°29'45"W a distance of 413.42 feet to a point on the South line of
Weld County Road #4; thence S00°40'30"E a distance of 5.00 feet to the POINT OF
BEGINNING; thence S00°40'30"E a distance of 43.68 feet; thence N90°00'00"W a distance of
138.38 feet; thence N51°17'13"W a distance of 68.02 feet; thence N89°39'26"E a distance of
190.94 feet to the POINT OF BEGINNING and containing 0.163 acres, more or less.
Note: The above description was prepared by Leon W. Sievers, Right of Way Agent, in and for
Weld County, Colorado and is based on survey information provided by Frederick Land
Surveying, 1528 North Lincoln Avenue, Loveland, Colorado 80539
1111111111111111111 IIII 1111111111111111 III IIII1 IIII IIII
2960055 06/11/2002 11:44A Weld County, CO
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066
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Howard H. Eichner and Marilyn S.
Eichner, whose address is 14001 East Marina Drive, #308, Aurora, Colorado 80014-3722, 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 same.
414/1(S202--ni,
Howard H. Eichner, Owner MarilAi S. Eichner, Owner
STATE OF COLORADO )
) ss.
COUNTY OF Rna\)ct 1 -e )
The foregoing instrument was acknowledged before me this 2O day of
m (Ls} , 20O 2,by Howard H. Eichner and Marilyn S. Eichner, Owners
Witness my hand and official seal.
olic
My commission expires:
My Commission Expires 06/01/2002
JPP L TA %'�
'NOT99,�s9 'l•
4,2 I
/ -4 ; �. :m•
I% DNPL l94°
COLOP—
Page 1 of 2 pages
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2960056 06/11/2002 11:44A Weld County, CO
1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
020oc2-09/q
•
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 29th day of May , 20 02 .
ATTEST: j1/11 COUNTY OF WELD, A BODY
CLERK TO THE OARD O CORPORATE AND POLITIC OF THE
COUNTY COMMISSION OWN La STATE OF COLORADO
THE COUNTY OF WELo
1861 )t ., Q Ice
Deputy Clerk to the Board"`-:l-_t Glenn Vaad, Chair, (approved 04/15/02)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 29th day of
May ,2002 ,by Glenn Vaad,Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
aY •P ' .
Witness my hand and official it' �! •
DONNA J.°O
•
i BECHLER C �, ett
•'�}*.' • . ......
I�OF CO,...
My commission expires: NyCommistks Expires ApriI nat
Page 2 of 2 page
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2960056 06/11/2002 11:44A Weld County, CO
2 of 4 R 0.00 0 0.00 J.A. '•Suki•' Tsukamolo
x-09/y
•
EXHIBIT A
LEGAL DESCRIPTION
A strip of land, 5.00 feet in width, being located in the Northwest One-Quarter of Section 33,
Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of
Colorado and more fully described as follows:
Commencing at the Northeast corner of the Northwest One-Quarter of said Section 33, from
whence the Northwest corner of said Section 33 bears S89°39'26"W, with all bearings herein
relative thereto; thence S85°29'45"W a distance of 413.42 feet to a point on the South line of
Weld County Road #4 and the POINT OF BEGINNING; thence S00°40'30"E a distance of 5.00
feet; thence S89°39'26"W a distance of 1050.33 feet; thence N00°00'00"W a distance of 5.00 feet
to the South line of Weld County Road#4; thence N89°39'26"E along said South line a distance
of 1050.27 feet to the POINT OF BEGINNING and containing 0.121 acres, more or less.
Note: The above description was prepared by Leon W. Sievers, Right of Way Agent, in and for
Weld County, Colorado and is based on survey information provided by Frederick Land
Surveying,
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2960056 06/11/2002 11:44A Weld County, CO
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED Z r Z
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTIONS ONLY. r(/1P WELD COUNTY PUBLIC WORKS DEPARTMENT
s•RVEY LVS -
DESIGN WELD COUNTY ROAD 4
DRAWN 1 Cif
DATE MARCH 20, 2002 EXHIBIT MAP 1 1
MEMORANDUM
CTO: Clerk to the Board DATE: May 22, 2002
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Request for Chair's Signature
Please submit the enclosed documents for the Chair's signature.
Deed of Dedication and Acceptance for WCR 4 with Howard H. and Marilyn S. Eichner.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M-`,WPFILES\FrancjcASIGNATURE-I.wpd
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