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Home My WebLink About20051891.tiff RESOLUTION RE: APPROVE POSSESSION AND USE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JOHN WOLKEN AND ERIC WOLKEN 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 a Possession and Use Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 13 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 John Wolken, 2465 Weld County Road 13, Brighton, Colorado 80601, and Eric Wolken, 11598 Dahlia Street, Denver, Colorado 80233, 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 Possession and Use Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 13 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 John Wolken and Eric Wolken 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 29th day of June, A.D., 2005. ! EL iS BOARD OF COUNTY COMMISSIONERS S� /kia% WELD COUNTY, CO ORADO ' 1861 ( �l>1±4-1/4 • / � William Jerke, Chair X03 a •�•,S 1 P/ Jerk to the Bo d M. J. , m cpy Deputy Clerk to he Board APP ED S TO F M• Days�, o Ad1/2 Date of signature: 2005-1891 EG0052 PCB :M et(se) 07-/9-ePS Q MEMORANDUM WIIlCTO: Clerk to the Board DATE: June 24, 2005 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 13 with John P. Wolken. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc • 2005-1891 286 POSSESSION AND USE AGREEMENT THIS AGREEMENT is made this 22_ day of Jur c. , 2005, by and between John P. Wolken, whose address is 2465 Weld County Road 13, Brighton, Colorado 80601 and Eric Wolken, whose address is 11598 Dahlia Street, Denver, Colorado 80233, hereinafter collectively 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 10`h Street, Greeley, Colorado 80631, hereinafter referred to as "County" for the purpose of granting the irrevocable right to possession and use to County, its contractors, agents and all others deemed necessary by County for the purpose of rebuilding and reconstructing a portion of Weld County Road 13. The property involved is described as Exhibit "A"attached hereto and made a part hereof by reference. 1. In consideration of this irrevocable grant of possession, mutual promises and covenants contained herein, County will tender the Owner the sum of Twenty Thousand Four Hundred Sixty Six and no/100 ($20,466.00) dollars. The County shall be entitled to take possession upon execution of this agreement. It is understood the sum tendered represents 100 percent of the County's value of just compensation owed to the Owner. It is agreed this sum shall be deducted from any final settlement amount, award, or verdict. It is also agreed in the event the ultimate settlement amount, award, or verdict is less than this amount, the Owner shall refund the difference to the County. 2. The Owner represents, to the best of theirjbilit y t t the title to the property is free and clear of all liens and encumbrances, except existing easements.shown on the title commitment, 3. Owner agrees to grant the right of way to County by Quit Claim Deed. 4. This agreement is made with the understanding the County will continue to negotiate in good faith with the Owner to acquire the interest in the property. It is further understood in the event a settlement is not reached within 90 days of the signing of this agreement, such failure will be a confession that the negotiations to acquire the propertied described herein have proved futile. At this point, the County may begin proceedings in eminent domain to acquire title to the property herein described. The County shall not unreasonable delay the commencement of proceedings under the eminent domain law once the time provided for in this paragraph has expired. If the County begins proceedings in eminent domain, it is understood and agreed this agreement shall continue in effect until either a settlement is reached or a rule and order is entered by the court, as provided for in C.R.S. 38-1-105(3). 5. It is agreed by the undersigned, in the event proceedings in eminent domain are begun, - 1 - IIIIIIIIIIIIiIIIIIIIIIIIVIIIIIIIIIIIIIIIIVII 3304286 07/19/2005 02:07P Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder &XOs—/89/ the valuation day for determining the amount of just compensation shall be the date on which payment was tendered to the owner,pursuant to paragraph one above. 6. This Agreement shall be deemed a contract and shall bind the parties and shall extend to and bind their heirs, executors, administrators, legal representatives, successors, and assigns. 7. This Agreement embodies all of the 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. IN WITNESS WHEREOF, the parties hereto have subscribed their names this day of ,2005. John P. oken, Owner Erik J. W6Iken, Owner Elsa //0�7la% WELD COUNTY, COLORADO, BY AND 1861 ^a" _ +'�y C'• THROUGH THE BOARD OF COUNTY HE BOARD COMMISSIONERS OF WELD COUNTY BY: 1 )/z Deputy Clerk to the Board William H. Jerke, Chairman JUN 2 9 2005 1111111111111111111111111111111111111111111I111111111II 2 0l 4 R 0.00 0 0.00 Steve Moreno Clerk:Recorder EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-14.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NUMBER 2592670,WELD COUNTY PUBLIC RECORDS,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6'"PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM CAP, L.S. 25937. -THE SOUTHEAST CORNER OF WHICH BEING A 2.5"ALUM CAP,L.S. 24305. COMMENCING AT SAID SOUTHEAST CORNER OF SECTION 24; THENCE N 00°06'35"W ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 24 A DISTANCE OF 29.89 FEET; THENCE S 89°53'25"W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6 ; THENCE N 00°06'35"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 2044.32 FEET TO THE POINT OF BEGINNING; THENCE N 88°18'35"W A DISTANCE OF 30.01 FEET; THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT=OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 575.42 FEET; THENCE S 89°52'30"E A DISTANCE OF 30.00 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE; THENCE S 00°06'35"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 576.25 FEET TO THE POINT OF BEGINNING; CONTAINING 17,273 SQ.FT. OR 0.3965 ACRE MORE OR LESS. I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.cli° GASI CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR % >, //'.- COLORADO REGISTRATION NO. 36561, I` 38561 '—: FOR AND ON BEHALF OF l�::u .o i JeHN ENGINEERING,INC. t1 /�. . . 5855 WADSWORTH BYPASS#A-100 ARVADA,CO. 80003 �\ L. 111111111111 11111 1111111 VIII 11 1111111M1111 11111 11111111 3304286 07/19/2005 02:07P Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder • BRAD A. LINKUS___ E/4 COR SEC 24 EXHIBIT NAP A $69'52'3D"E FOUND #6 REBAR vAIH 2" ALUM. CAP {.ate I/II� 30.00' LS 25937, 1997 �I _/� SHEET 2 OF 2 Y I' N89'52'30'W 2624.35' _—_ �L, _—_—_55235.43—E Ilyt_ _ 1J C1/4 COR SEC 24 • FOUND /6 REBAR WITH 2' ALUM. CAP CM ,.., E1/4 COR SEC 19 LS 25937, 1997 a . N - FOUND #6 REBAR n •�q• DEBRA DORMAN MN 3-1/4' ALUM. CAP N •N. LS 7242, 1994 1 IFA:- PARCEL 14 3 O.N. FC25031297 to W .; 146724400080 JOHN P. WOLKEN ; p ` 2465 WCR 13 - g.L BRIGHTON, CO. 80601-9031 g'.:m ADDITIONAL RIGHT—OF—WAY REC. NO. 2592670 ACQUISITION AREA 17273;S.F. YYY ns ('.'AIN vril ';!STATE: N881 ' — ut 1 In :;r � R stn d 98'35"W 0 30.01' POINT OF ca BEGINNING = a �Ve1y B' d O DEBRA DORMAN -V 2 Iz O rim-0 M 2 *41/433 0 150 300 N Rugnom co n Iz?�p aiv SHOULA & YONGGE VUE 3 �a c),=, ow 1 INCH = 300 FEET 4 n IG, DATE: 8.27.04 _Inc <,o =ma c3 =N 0m _T G• ± =CO F 21LL {, AN ii., �9 K P O Qa - �gNAt i ti -co tiF n,P ' y 1.9`L&A! 6 .1,,E -N BOO ^f. 4 7* U N� Is / T� M �,�m 581 _a: O 2.0 F F • WO.._... 0 "'u 2 2 NOTE < ry< a-L u> THIS IS NOT A LAND SURVEY PLAT OR a ;, < LAWRENCE & ALYCE TOTEMS TRUST 3 - s IMPROVEMENT SURVEY PLAT. NO MONUMENTS o= ,,,L_ WERE SET FOR THE PREPARATION OF IL F THE ATTACHED LEGAL DESCRIPTION. hSHOULA & YONGGE WE a EXHIBIT MAP A a < F r WELD COUNTY ROAD 13 g R JOHN P. WOLKEN < I < SE 1/4 SEC 24, T.1N., R.68W. 6TH PM, 116666 COUNTY OF WELD, STATE OF COLORADO ACQUISITION AREA 17273 S.F. 51/4 COR SEC 19 FOUND #6 REBAR 8.27.04 DEED DESCRIPTION S 89'53'25"W-N, NO0'06'35"W WITH 2' ALUM. CAP 30.00' \/ 29.89' LS 29425, 2000 IN R.B. JN. 1528-03-070.01 I 3070-DD-14 h _ Je- HN 0 S89'40 41 W N89_51.41"W 2613.89' ___ Iy _ -, V �� 2635.00' 3 % CR It —~D 1 . POINT OF COMMENCEMENT ENGINEERING.lit:51/4 COR SEC 24 m n SE COR SEC 24 m �" FOUND #6 REBA a FOUND 1/2 1' PIN M. CAP ' - 9B - MVADAG 080003 BYPASS.MOD/ifr ALUM. CAP tom 2 1/2' ALUM. CAP — PH 1303142-6033 LS 25937, 1997 IN R.B, x m IN RANGE BOX PN.1303)423-6036 RFAX ING.Cp3)96i 9439 w LS 24305, 2002 WWWJEHNENGINEERING.COM - Hello