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Home My WebLink About20050984.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - PAULA AND JAMES BAUER 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 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 Paula and James Bauer, 2230 Weld County Road 13, Brighton, Colorado 80603, 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 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 Paula and James Bauer, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and any necessary documents. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 21st day of March, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO alto William H. Juke, Chair Jerk to the Board err test • B`c✓ Prq Ter} • Clerk to the Board choll !lam ` D 'd E. Lon APP AS TO F Rob rt D. Masde 0o tt ey auAL I� Glenn Vaad Date of signature: 2005-0984 EG0052 r , a dirg MEMORANDUM WIID € TO: ClerktotheBoard DATE: March 15, 2005 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Request for Chair's Signature Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 13 with Paula and James M. Bauer. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc 2005-0984 787 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN PAULA A. BAUER AND JAMES M. BAUER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 24'h' day of M /1 viQ ,2005,by and between Paula A. Bauer and James M.Bauer,whose address is 2230 Weld County road 13,Brighton,Colorado 80603, 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 13, 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 Thousand and no/100($4000.00)dollars. This consideration is being offered in lieu of condemnation Page 1 of 3 Pages HBO 11111 11111 113 1111011111111 III 11111 IIII I'll 3275787 04/08/2005 03:05P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder S -n94-)51 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances,except existing easements.Owner shall retain the mineral estate under the Right of Way,including oil and gas, and shall also retain any water rights currently attached or associated with the Right of Way. 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.Date of payment of compensation is the date of delivery of the Deed of Dedication. 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 2005 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. 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 11111111111111111111111111nail HEM 3275787 04/08/2005 03:05P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Cxti �tea*..'.-4_ a^- r' Paula A. Bauer, Owner James M. Bauer, Owner Imo; E1,,a‘ •: •S\ 11161 %a� : �r y ` `I BOARD OF COUNTY COMMISSIONERS 4®U`�� - OF WELD COUNTY, STATE OF I COLORADO Weld County Clerk to the Board By: 41%7 2!(iLcJ BY: Deputy C rk o the Board William H. Jerke, Chairman 3/21/2005 Page 3 of 3 Pages 1111111 11111 11111 1111 111111111111111 III 11111 1111 IIII 3275787 04/08/2005 03:05P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,;tY,� 09S)<7 EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-21B.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6T"PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 19 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2"ALUM. CAP, L.S. 25937. -THE SOUTHWEST CORNER OF WHICH BEING A 2.5"ALUM. CAP, L.S. 24305. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 19; THENCE N 00°06'35"W ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 19 A DISTANCE OF 30.00 FEET; THENCE S 89°51'41"E A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY 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 EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1122.37 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF BULL CANAL AS RECORDED AT RECEPTION NO. 1952226,WELD COUNTY PUBLIC RECORDS SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N 00°06'35"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 172.73 FEET; THENCE S 89°48'25"E A DISTANCE OF 30.00 FEET TO POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 13; THENCE S 00°06'35"E ALONG A LINE LYING 30 FEET EASTERLY AND RUNNING PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 170.05 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF BULL CANAL; THENCE S 85°04'24"W ALONG SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 30.11 FEET TO THE POINT OF BEGINNING; CONTAINING 5,142 SQ. FT. OR 0.1180 ACRES 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. A 0 Is CHRISTOPHER H. McELVAIN,PROFESSIONAL LAND SURVEYOR 1,V o COLORADO REGISTRATION NO. 36561, / z Sr: ;.; r; FOR AND ON BEHALF OF JeHN ENGINEERING,INC. �,�ti 6_,., fr <� 5855 WADSWORTH BYPASS #A-1004 =1�' ARVADA, CO. 80003 �;z !(;i v J AIM 11111IIIII1111 EMI IIIM111111 III 11111111111 3275787 04/08/2005 03:05P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder BRAD A. LINKUS Wt/a coR SEC 19 L / \ I I I O II iv'I /-\ 1 / FOUND N6 REBAR 'WITH 2" ALUM. CAP L5 2593], 1997 SHEET 2 OF 2 + N262435'W _-- 6523446E5. --' E1/4 COR•SEC 19 C1/4 COR SEC 24 FOUND #6 REBAR POUND N6 REBAR WITH 2 ALUM. CAP WITH 3-1/4" ALUM. CAP LS 25937, 1997 Z LS 7242, 1994 Y DEBRA DORMAN d a IC -a o6 C- — -= Z _ y r =a 0 _ 0 o V C p — 5 F d J. '. =mimic t5 _. —0N 6 a —(7 hl _... ADO liMMce in i -U70 a _co ow CNI w -N U. -00 4D O • ¢a O 2= DEBRA DORMAN cc n' il oMEM Ina o zl �N C. SHOULA & YONGGE VUE ?LL —m In `v iii I S 89'48'25' E Ii• 30.00' n'0 _.. N 00'06'35' W I " S 00'06'35' E 172.73' �;�� no.05 0 150 300 'K.— ADDITIONAL RIGHT-OF-WAY iminiiiACQUISITION TOTAL AREA5142 S.F. 1 I FEET POINT OF/ 30.11' BEGINNING S 85'04'24 • 5W 5"+T PARCEL 216 AF' c• 'F3 O.N. PENDING � Fri, t 30 6b']0 JV 61 >: • N JAMES AND PAULA BAUER �.0 JV 2.0 I •.• 2230 WCR 13 I— BRIGHTON, CO. 80603 .e 9////0 f REC. N � I NO THIS IS NOT A L OR 3 IMPROVEMENT SURVE 'PLAT"NO MONUMENTS I F WERE SET FOR THE PREPARATION OF 0 ; THE ATTACHED LEGAL DESCRIPTION. SHOULA & YONGGE VUE1 SD EXHIBIT MAP A I= WELD COUNTY ROAD 13 S JAMES AND PAULA BAUER SW 1/4 SEC 19, T.1N., R.67W. 6TH PM, COUNTY OF WELD, STATE OF COLORADO @@@�� ACQUISITION AREA 5142 S.F. F1UN6 SEC 19 - WITH #6 REBAR 9.9.04 DEED DESCRIPTION WITH 2" ALUM. CAP LS 29425, 2000 IN P.S. JN, 1528-03-070.01 3O7O-DD-21B S 89'5941 E 30.00 /\ 569'40'41"w _ NB9'51'41"W 2613.89' �J I ra�rn �'\ -+ 2635.00' W C W 6 - IF J e H N or 30,00' LEI POINT OF I i _ FOUND #6 REBAR 2 pH: COMMENCEMENT �,--,? ENGINEERING J- N 00'06'35" W S1/4 6 SEC -(In SW NDR SEC 19 FOUND 1" PIN WITH 5855 WADSWOPTH080903 BYPASS A-100 WITH Y ALUM CAP 2 1/2" ALUM. CAP ARVADA,CO80003 LS 25937. 1997 IN R.6. — 'IN RANGE BOX - WV co PH 19031 G23"a0J6 vAx a6)-9x33 w WN LS 24305. 2002 W.YEHNENGINEEW.NG.COMGOV • MEMORANDUM 1 CTO: Clerk to the Board DATE : September 12, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Request for Chair's Signature Deed of Dedication and Acceptance for WCR 13 with Paul A. Bauer. The appropriate documentation is enclosed. Enclosures pc: Leon Sievers, Right-of-Way Agent M AFrancieAAgendaSio aturc.DOC CY1'S2(, t - Ili - 2ti'L :1'c'05 -c; PV 620 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Paula A. Bauer, whose address is 2230 Weld County Road 13, Brighton, Colorado 80603 and James M. Bauer, whose address is N5620 State Highway 25, Duram, Wisconsin 54731, 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. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil, gas and any and all water rights currently attached or associated with the Right of Way. 14124/11— vv. � I Paula A. Baue fwner James M. Bauer, Owner (Aft leen STATE OF COLORADO ) ) ss. COUNTY OF prAi ) TN foregoing instrument was acknowledged before me this afday of , 20Orby Paula A. Bauer, Owner. Witness my hand and official seal. -J 1 Fublir Mycommission expires: TA „ O, �u ss id1/4 1441\... * t* q4 STATE OF WISCONSIN ) PUBLIC 'F= / ) ss. t1r Q COUNTY OF 4%N ) 4 ,��',f of llll�wisco •�� lllllllll The foregoing instrument was acknowledged before me this of ! day of rye- , 20O,(by James M. Bauer, Owner. Witness my hand and official seal. • Notary PU he ,,,,O�NlYiLnB980►B®y�fi My commission expires: 74?-ng g��0�� H Ho"°,t�.� Page l of 2 noon � ��i NOTAQy 9ye 11111 1111 III ill 1311111 11111 III 11111 �, PUg 3325620 09/23/2005 12:32P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1. f e `�,,� a.• • DEED DESCRIPTION 1528-203-070.01 3070-DD-21B.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 19 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2"ALUM CAP, L.S. 25937. -THE SOUTHWEST CORNER OF WHICH BEING A 2.5"ALUM CAP, L.S. 24305. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 19; THENCE N 00°06'35"W ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 19 A DISTANCE OF 30.00 FEET; THENCE S 89°51'41"E A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY 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 EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1122.37 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF BULL CANAL AS RECORDED AT RECEPTION NO. 1952226, WELD COUNTY PUBLIC RECORDS SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N 00°06'35"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 172.73 FEET; THENCE S 89°48'25"E A DISTANCE OF 30.00 FEET TO POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 13; THENCE S 00°06'35"E ALONG A LINE LYING 30 FEET EASTERLY AND RUNNING PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 170.05 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF BULL CANAL; THENCE S 85°04'24"W ALONG SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 30.11 FEET TO THE POINT OF BEGINNING; CONTAINING 5,142 SQ. FT. OR 0.1180 ACRES 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. s .4O CHRISTOPHER H. McELVAIN, PROFESSIONAL LAND SURVEYOR U , COLORADO REGISTRATION NO.36561, ' r FOR AND ON BEHALF OF JeHN ENGINEERING, INC. Dr/ r._ 5855 WADSWORTII BYPASS #A-100 V = ARVADA, CO. 80003 MOH 11111 11111 111111 111111 1111! 11111 111 11111 MHO 3325620 09/23/2005 12:32P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder BRAD A LINKUS I W1/4 COR SEC 19 E X H 13 I T V A P A • I FOUND #6 REBAR WITH 2" ALUM. CAP LS 259"' 199' iii SHEET 2 OF 2 _ _—N2N89624.35'W —__ _ S89'44'46"E 5235.43' I 01/4 COR SEC 24 I I E1/4 COR SEC 19 FOUND #A REBAR FOUND 1 REBAR WITH 2" ALUM. CAP WITH 3-1/4" ALUM. CAP LS 25937, 1997 Z LS 7242, 1994 J DEBRA DORMAN 0 � I cO z o "°c a 0 rc spa 2 —Ue1 r TA O e 6 =F.: o iL n —U C C w m —, 6 = N C aQ ow m 6 —1 co x v_' a. zm3 DEBRA DORMAN �-� mi in c x 0 —OTC ir C S OC M N SHOULA & YONGGE VUE _O. =5"1 C I L1 H EC I) iim CC S 89'48'25" E -ccv d 30.00' • mM C N 00'06'35" W - S 00'06'35' E —-CO Mi 30 172.73' ,nom 170.05' J— 0 `1.--__ ADDITIONAL RIGHT-OF-WAY I ACQUISITION TOTAL AREA 5142 S.F. 1 I FEET 1 / POINT OF/ 30.11' BEGINNING S 85'04'24" W PARCEL 21B .`P c Fia O.N. PENDING FG..O 30 60.30 36 6i is JAMES AND PAULA BAUER J2:C o co 2230 WCR 13o co %$ o — BRIGHTON, CO. 80603 �`.41 Or J� • — REC. NO. 3189759 iPc, , '• - o NOTE: (/ I 'OD c THIS IS NOT A L ' OR 3 IMPROVEMENT SURVE 'PLAT"NO MONUMENTS WERE SET FOR THE PREPARATION OF ,� o THE ATTACHED LEGAL DESCRIPTION. SHOULA & YGNGGE VUE p 'P EXHIBIT MAP A WELD COUNTY ROAD 13 JAMES AND PAULA BAUD SW 1/4 SEC 19, T.1N., R.67W. 6TH PM, COUNTY OF WELD, STATE OF COLORADO II ACQUISITION AREA 5142 S.F. S1/4 COR SEC 19 FOUND #6 REBAR 9.9.04 DEED DESCRIPTION WITH 2" ALUM. CAP S 89'51'4'" E L5 29425. 2900 IN R.B. JIN. 1528-03-070.01 I 3070-DD-21B 0.00' 5894041 W N89'51'41_W_ 2613.89' _ � 63iDD. 3 �Ca J e H N 30 00' POINT OF S1/4 COR SEC 24 N ooa6'35 W UrSW COMMENCEMENT 19 �\ ENGINEERING GNIG J�" FOUND #6 REBAR 1,1a FOUND 1" PIN WITH Si ARV DWACO 000P 6VPp5y 8100 WITH 2' , CAP 2 1/2 ALUM CAP _ _ PH i30A 4O-6036 LS 25937, 1997 IN R.B. _W.m I RANGE BOX W NJE 423NENGINNE FAX 0031462-9498 u[m LS 24305. 2002 WINWJEHAEPIGINPCPINGCOM 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 19th day of September , 20 05 • ATTEST: IL, COI UNTY OF WELD, A BODY CLERK TO THE BOARD J CORPORATE AND POLITIC OF THE COUNTY COMMISSIO ti STATE OF COLORADO THE COUNTY OF WELD U� BY: r i BY: Deputy Clerk t 'the Board William H. Jerke Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD SEP 1 9 2005 (Approved 3/21/2005) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this/9day ofSe,p fotnLer , 206S by William H. Jerke, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. 2� PRY pUe�� F• SHA ''•. Notate is My commission expires: My Commission Expires May i5,2006 Page 2 of 2 page 111111 1111111111 111111 111111 1111111111 III VIII 11II I11I 3325620 09/23/2005 12:32P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aces --n9ey Hello