HomeMy WebLinkAbout20020915.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 - RUMERY
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 Larry J. and Brenda J.
Rumery, 20497 Weld County Road 4, Hudson, Colorado 80642-8713, 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 Larry J. and Brenda J. Rumery 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
WELD442OUNTX, COLORADO
ATTEST: 1L - _ QD � '� ��I�CLGwf r%l
J� ref
GI Vaad, CPldir
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Weld County Clerk to = ��;• s .��
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i _t R 4, David E. ong, Pro-
BY: ���� �Il�. li . . _ . •�
Deputy Clerk to the B:"r y,� al" � di&
M. J Geile
APPROVED AS TO F :
EXCUSED
�^ illiam H. erke
County ttorney
Robert D. Masden
Date of signature: 7s
2002-0915
/06'•' ,4lv 'i'n;erN EG0046
661
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 4 BETWEEN LARRY J. AND BRENDA J. RUMERY AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this 9 day of%Cr , 2002, by and between Larry
J. and Brenda J. Rumery, whose address is 20497 Weld County Road 4,Hudson, Colorado 80642-
8713, 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 Thirty Six Hundred Fifty and no/100 ($3650.00)
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.
3. County agrees to pay the costs of title insurance and recording fees, if necessary as
determined by County.
Page 1 of 3 Pages
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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 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 execute a Permanent Easement, as described in Easement Exhibit
"A", in favor of Weld County for the construction,operation and maintenance of an
access road from Weld County Road 4 to the existing maintenance road along the
Easterly line of HenryLyn Irrigation Canal,which Permanent Easement County may
then transfer to the HenryLyn Irrigation Company.Upon execution of this Permanent
Easement by Owner, County, its contractors, agents, employees, and all others
deemed necessary by County shall have the irrevocable right to possess and use said
Permanent Easement for the construction, daily operation, access and maintenance
of said HenryLyn Irrigation Canal. Weld County will reimburse the Owner the sum
of Four Hundred Seventy and no/1 00($470.00)dollars for this Permanent Easement..
9. Weld County will reimburse the Owner the sum of Three Hundred Fifty and no/100
($350.00) dollars for the removal of approximately 80 if of existing fence and gate
that presently exist at the entrance of the existing maintenance road for the HenryLyn
Irrigation Canal along the north side of Weld County Road #4 in Section 28,
Township 1 North, Range 65 West. Owner will remove the existing fence and gate
and install the new fence and gate at such times as to not interfere with the
construction of the access road as described in item 8 above.
Page 2 of 3 Pages
1111111111111111111 11111 MI 1111I 111111 III 111111111 II
2945547 04/24/2002 10:58A JA Suki Tsukamoto
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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 ofthe respective parties
hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
O • OWNER:
r� �� .S �
LA MERY B A . RUMERY
TAX ID NUMBER: TAX ID NUMBER:
So.y- -68'--1// 37 7?? -90 -917-
ATTEST: auzitell,��� Ji4\RD OF COUNTY COMMISSIONERS
i o/�j�.� y ELD COUNTY, STATE OF
t 1861 �tV"��q �'9RADO
Weld County Clerk to the Board' �J to '�
By: eat,t,Q��7 "` BY:
uty Clerk to the Board Glenn Vaad, Chairma OH fc" �
RIM 11111111111111111IM11111111111III11111MIN
2945547 04/24/2002 10:58A JA Suki Tsukamoto
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Page 3 of 3 Pages
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Southwest One-Quarter of Section 28, Township I North, Range
65 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 Southwest One-Quarter of said Section 28, from
whence the Southwest corner of the Southwest One-Quarter of said Section 28 bears
S89°39'26"W, with all bearings contained herein relative thereto; thence N00°10'05"E along
the East line of the Southwest One-Quarter of said Section 28 a distance of 30.00 feet to the
North line of Weld County Road 4 and the Point of Beginning; thence S89°39'26"W along said
North line a distance of 718.85 feet; thence N80°33'56"E a distance of 179.75 feet to a point of
non-tangent curve to the right; thence 30.15 feet along the arc of said curve whose radius is
375.55 feet, central angle is 04°36' and whose chord bears N26°22'25"W a distance of 30.14 feet;
thence N77°17'09"E a distance of 55.32 feet; thence N88°50'46"E a distance of 138.20 feet;
thence N86°03'29"E a distance of 78.91 feet; thence S82°34'29"E a distance of 100.74 feet;
thence S80°29'30"E a distance of 186.72 feet to the East line of the Southwest One-Quarter of
said Section 28; thence S00°10'05"W along said East line a distance of 17.84 feet to the Point of
Beginning and containing 0.730 acres, more or less.
The above Legal Description was prepared by Leon W. Sievers, Right of Way Agent for Weld
County, Colorado and is based on survey information provided by Frederick Land Surveying,
1528 North Lincoln Avenue, Loveland, Colorado 80539 (970)669-2100.
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WELD COUNTY PUBLIC WORKS DEPARTMENT Q✓�/
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DESIGN WELD COUNTY ROAD 4
DRAWN 1 OF
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DATE NOVEMBER 21, 2001 EXHIBIT MAP
EASEMENT EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Southwest One-Quarter of Section 28, 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 Southeast corner of the Southwest One-Quarter of said Section 28, from
whence the Southwest corner of the Southwest One-Quarter of said Section 28 bears
S89°39'26"W, with all bearings contained herein relative thereto; thence N77°53'41"W a
distance of 455.26 feet to the Point of Beginning; thence S88°50'46"W a distance of 55.81 feet to
the easterly line of the Denver Hudson Canal; thence along the easterly line of said Denver
Hudson Canal for the following four courses:
1) thence N21°57'54"W a distance of 34.83 feet;
2) thence N14°50'17"W a distance of 39.81 feet;
3) thence N11°34'10"W a distance of 31.26 feet;
4) thence N17°45'30"W a distance of 38.34 feet;
thence S38°52'28"E a distance of 65.58 feet; thence S27°11'03"E a distance of 53.91 feet; thence
S39°32'45"E a distance of 49.05 feet to the Point of Beginning and containing 0.094 acres, more
or less.
The above Legal Description was prepared by Leon W. Sievers, Right of Way Agent for Weld
County, Colorado and is based on survey information provided by Frederick Land Surveying,
1528 North Lincoln Avenue, Loveland, Colorado 80539 (970)669-2100.
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WELD COUNTY PUBLIC WORKS DEPARTMENT ----....-.----
SURVEY On
DESIGN WELD COUNTY ROAD 4
OF
DRAWN _ -
DATE NOVEMBER 21, 2001 EXHIBIT MAP
MEMORANDUM
*-17; TO: Clerk to the Board DATE: April 8, 2002
' FROM: Frank B. Hempen, Jr.
Director of Public Works/County Enginee
C 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 Larry J. and Brenda J. Rumery
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\W PFILES\Francie\AGENDA-5.IRC.wpd
2002-0915
627
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Larry J. Rumery and Brenda J. Rumery,
whose address is 20497 Weld County Road 4, Hudson, Colorado 80642-8713, 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.
L mery, Owner in allRumery, Owner
STATE OF COLORADO )
) ss.
COUNTY OF )
eioregoing instrument was acknowledged before me this n6day of
" .` , 20Oa by Larry J. Rumery and Brenda J. Rumery, Owners
I'
T 'Oj WR Y%m hand and official seal.
ff ,((( `( ',.. ; O � /
t U i3��G �:�.f2�
Notary Publi
My commission expires: ���'Q I/
Page 1 of 2 pages
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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 15th day of July , 2002 .
ATTEST:�� COUNTY OF WELD, A BODY
CLERK T H OA O'��` CORPORATE AND POLITIC OF THE
COUNTY COMMISSIO SS's. s ilt ♦ STATE OF COLORADO
THE COUNTY OF WE't \ `
I ift t ••••‘•I 1861 3 Qv
TA :43
BY: G• "141 w•�BY: Ay
Deputy Clerk to the BA• UN _, Glenn Vaad, ai , pproved 04/15/2002)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 15th day of
July ,20O2 ,by Glenn Vaad,Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WEL R= -•
ay Pet'
Witness my hand d D '1~r. �i
eOP cOt•O - Notary Public Y '
Ny Comm/ssba Erika April 10,2004
My commission expires:
Page 2 of 2 page
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2969627 07/1612002guki Tsukam
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•
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Southwest One-Quarter of Section 28, 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 Southeast corner of the Southwest One-Quarter of said Section 28, from
whence the Southwest corner of the Southwest One-Quarter of said Section 28 bears
S89°39'26"W, with all bearings contained herein relative thereto; thence N00°10'05"E along
the East line of the Southwest One-Quarter of said Section 28 a distance of 30.00 feet to the
North line of Weld County Road 4 and the Point of Beginning; thence S89°39'26"W along said
North line a distance of 718.85 feet; thence N80°33'56"E a distance of 179.75 feet to a point of
non-tangent curve to the right; thence 30.15 feet along the arc of said curve whose radius is
375.55 feet, central angle is 04°36' and whose chord bears N26°22'25"W a distance of 30.14 feet;
thence N77°17'09"E a distance of 55.32 feet; thence N88°50'46"E a distance of 138.20 feet;
thence N86°03'29"E a distance of 78.91 feet; thence S82°34'29"E a distance of 100.74 feet;
thence S80°29'30"E a distance of 186.72 feet to the East line of the Southwest One-Quarter of
said Section 28; thence S00°10'05"W along said East line a distance of 17.84 feet to the Point of
Beginning and containing 0.730 acres, more or less.
The above Legal Description was prepared by Leon W. Sievers, Right of Way Agent for Weld
County, Colorado and is based on survey information provided by Frederick Land Surveying,
1528 North Lincoln Avenue, Loveland, Colorado 80539 (970)669-2100.
211111111111111 1111II 1111111 11111 III 111111111 1111
2969627 07/16/2002 04:26P Weld County, CO
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SURVEY Lws
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2969627 07/16/2002 04:26P Weld County, CO
4 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
MEMORANDUM
f TO: Clerk to the Board DATE: July 10, 2002
I CFROM: Frank B. Hempen, Jr., P.E.Director of Public Works/County Engineer
• SUBJECT: Item for Chair's Signature
COLORADO
Please submit the enclosed documents for the Chair's signature.
Deed of Dedication and Acceptance with Larry J. Rumery and Brenda J. Rumery
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\W PFI LES\Francie\SIGNATURE.wpd
a G ocxl to
,too z -09 Is
628
GRANT OF PERMANENT EASEMENT
(Larry J. Rumery and Brenda J. Rumery- Weld County)
This Grant of Permanent Easement is made by and between Larry J. Rumery and Brenda
J. Rumery, whose address is 20497 Weld County Road 4, Hudson, Colorado 80642-8713,
("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 ("County").
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner hereby grants, sells, assigns, conveys and quit claims to County a non-
exclusive, perpetual easement, for the purpose of the relocation and reconstruction of the
HenryLyn Irrigation Canal and relocation and reconstruction of the adjacent maintenance road.
The location of the easement parcel is described as follows:
See Easement Exhibit"A" and Easement Exhibit Map
The Permanent Easement hereby conveyed is for the construction, operation and
maintenance of said HenryLyn Irrigation Canal. Upon execution of the Permanent Easement by
Owner, County, its contractors, agents, employees and all others deemed necessary by County
shall have the irrevocable right to possess and use said Permanent Easement for the daily
operation, access and maintenance of said HenryLyn Irrigation Canal. This conveyance shall be
deemed to include sufficient land for the construction and maintenance thereof including rights
of entry upon, passage over, deposit of excavated earth and storage of material and equipment on
such area as may be necessary or useful for the construction, maintenance, cleaning out and
repair of said Ditch. County reserves the right to transfer said Permanent Easement and the rights
and interests conveyed herein, at any time, to the HenryLyn Irrigation Company, its successors
and assigns.
This Easement shall be binding upon, all and inure to the benefit of, and be enforceable
by the parties, their successors and assigns. The Easement shall be governed and constructed in
accordance with the laws of the State of Colorado.
Page I of 2 page
11111111111111111111111/111111 111111 III 11111 Ills iii:
2969628 07/16/2002 04:26P Weld County, CO E6'OOV/6
1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
0269a—0 9/5
1528 North Lincoln Avenue, Loveland, Colorado 80539 (970)669-2100.
IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
c3SumeLrt
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me thiJ'4 ' day of
2002, by Larry J. Rumery and Brenda J. Rumery, Owners
.^ � Q
......� to'g ss�,\� i siny hand and official seal.
V� : 7,
ti/iLL,
ary Public
ti c% U !Iy,co1rlmission expires:
k ,1/4 OF �v .a(-l1S --c)o
The Grantee hereby accepts this easement for the purposes set forth herein on this the 15th
day of July , 2002
COUNTY OF WELD, STATE OF
ATTEST: lintel
'/�4/'9 2*, COLORADO, GRANTEE
,�,ti I /-®`
&t
Deputy Clerk to the gar' ,v Mill Glenn Vaad, Chairman, o d of County
�t W _4 1 Commissioners of Weld County, Colorado
'O= of I (Approved 04/15/2002)
• Page 2 of 2 pages
1 111111 11111 1111111 11111 III IIIIIIl 11111 III 11111 llll 1111
2969628 07/16/2002 04:26P Weld County, CO
2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
EASEMENT EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Southwest One-Quarter of Section 28, 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 Southeast corner of the Southwest One-Quarter of said Section 28, from
whence the Southwest corner of the Southwest One-Quarter of said Section 28 bears
S89°39'26"W, with all bearings contained herein relative thereto; thence N77°53'41"W a
distance of 455.26 feet to the Point of Beginning; thence S88°50'46"W a distance of 55.81 feet to
the easterly line of the Denver Hudson Canal; thence along the easterly line of said Denver
Hudson Canal for the following four courses:
1) thence N21°57'54"W a distance of 34.83 feet;
2) thence N14°50'17"W a distance of 39.81 feet;
3) thence N11°34'10"W a distance of 31.26 feet;
4) thence N17°45'30"W a distance of 38.34 feet;
thence S38°52'28"E a distance of 65.58 feet; thence S27°1 l'03"E a distance of 53.91 feet; thence
S39°32'45"E a distance of 49.05 feet to the Point of Beginning and containing 0.094 acres, more
or less.
The above Legal Description was prepared by Leon W. Sievers, Right of Way Agent for Weld
County, Colorado and is based on survey information provided by Frederick Land Surveying,
1528 North Lincoln Avenue, Loveland, Colorado 80539 (970)669-2100.
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WELD COUNTY PUBLIC WORKS DEPARTMENT --___/
SURVEY LVS
DEsiGN WELD COUNTY ROAD 4 OF
DRAWN1
DATE NOVEMBER 21, 2001 EXHIBIT MAP
MEMORANDUM
4
A*0 TO: Clerk to the Board DATE: July 10, 2002
FROM: Frank B. Hempen, Jr., P.E.
ODirector of Public Works/County Enginee
• SUBJECT: Item for Chair's Signature
COLORADO
Please submit the enclosed documents for the Chair's signature.
Grant of Permanent Easement with with Larry J. Rumery and Brenda J. Rumery
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\W PFILES\Francie\SIGNATURE I.wpd
£r.600VF
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