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Home My WebLink About20040199.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 51 AND AUTHORIZE CHAIR TO SIGN -WAYNE AND JUDITH ECKER 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-Wayfor Certain Improvements to Weld County Road 51 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 Wayne and Judith Ecker, P.O. Box 608, 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 Purchase of Right-of-Way for Certain Improvements to Weld County Road 51 between the County of Weld, State of Colorado, by and through the Board of CountyCommissioners of Weld County,on behalf of the Department of Public Works, and Wayne and Judith Ecker, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 12th day of January, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO ATTEST: IL, ' Robert D. Masden, Chair Weld County Clerk to �j:> :.� O IlZ9�� tt / ` fizip 4 William erke, Pro-Tem BY: Deputy Clerk to the Bow M. ile AP ED AS TO F 9cy�ll David Long Co Attorney ,ice Glenn Vaad Date of signature: ll 2004-0199 EG0050 • AGREEMENT 906 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 51 BETWEEN WAYNE N. ECKER AND JUDITH A. ECKER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 20M day of D Clc ,2003,by and between Wayne N. Ecker and Judith A. Ecker, whose address is PO Box 608, Keenesburg, Colorado 80643, 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 51, 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 Sixteen Thousand Six Hundred Ninety One and no/100 ($16,691.00) 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.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. Page 1 of 3 Pages HBO 1111 1111111111 11111 11111 Hi I I 111111 ICI I 1101 3147906 01/26/2004 04:35P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder y-67 9 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 2004 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. Weld County will construct approximately 710 if of new fence located along the new easterly right of way line of Weld County Road 51. The fence will be a four strand barbed wire fence with steel and wood fence posts spaced approximately every 16 feet and a wood post set at approximately every fourth post. 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 IIIIIII IIIIIVIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3147906 01/26/2004 04:35P 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. O/VWNNERR:}^"4 O Wayne N: Ecker, Owner ith A. Ecker, Owner TAX ID NUMBER: TAX ID NUMBER: 3a8. 3& - 6398 /6,E- 31- /9/0 ATTEST: jaw BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF \ COLORADO Weld County Clerk to Bnu P By: BY: Deputy Clerk to the Robert D. Masden, Chairman (1/12/2004) Page 3 of 3 Pages 1111111111111111111111 HIII111111111111III11111IIII1111 3147906 01/26/2004 04:35P Weld County, CO 3 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder • EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 6, Township 1 North, Range 64 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of said Section 6, from whence the Southwest corner of the Southeast One-Quarter of said Section 6 bears S89°19'50"W,with all bearings contained herein relative thereto; thence N84°16'13"W a distance of 269.17 feet to the North Right of Way line of State Highway#52 and the POINT OF BEGINNING; thence S89°19'50"W along said North Right of Way line a distance of 159.41 feet to the East Right of Way line of Weld County road 51; thence N07°26'18"E along said East Right of Way line a distance of 213.13 feet; thence continuing along said East Right of Way line N17°03'18"E a distance of 92.56 feet to a point of non-tangent curve to the left; thence 175.60 feet along the arc of said curve whose radius is 270.00 feet, central angle is 37°15'45" and whose chord bears S15°09'23"E a distance of 172.52 feet; thence S33°47'15"E a distance of 67.55 feet to a point of curve to the right; thence 75.46 feet along the arc of said curve whose radius is 130.00 feet and central angle is 33°15'36"; thence S00°31'39"E a distance of 4.21 feet to the POINT OF BEGINNING and containing 0.527 acres,more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County and is based on survey information prepared by King Surveyors, Inc. Windsor, Colorado 11111 11111 11111 111111 11111 1111111II111111111111 3147906 01/26/2004 04:35P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP A SE 1/4 Sec 6— T1N— R64W fki -Ir / / I/ / / / b ytl in /I a / 1 ro R=270 4 Cor Sac/6--1-64 / I c L=175.60' / I O=3T 15'45" 2 CH=S15'09'23"E 172.52' 1 I I \ \\ o 11/2 �{ 533'4715"E 67.55' N I � / 4. Ekk1ST 6p� ROW I Ls; \ pa I '.) W �� '� \\ R=130 w / H \\ n L=75.46' N _ �\ \\ x. 0=33.15'36" t 14 EXIST. 60' ROW I 1/4.4. \ CSC SDO'31'39"E 4.21'...a.--/S 1/4 Cor — 1 SE Sic Cor Sac 6-1-64 S89'19'S0"W 159.41' 1484'16.13"W 269.17' ac 6-1-64 WY-5 I _ 589'19'50"W 2643.54'_ (basis of bearing) L�h� o 2I 00 1 HID 11111 11111 111111111111111 1111111 III 11111 IIII IIII NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 3147906 01/26/2004 04:35P Weld County, CO LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 5 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SwVET LVS DESIGN WELD COUNTY ROAD 51 EASEMENT 1 DT 1 DRAWN "" DESCRIPTION DATE November 19, 2003 EXHIBIT MAP a MEMORANDUM .Igo , _ n. Co TO: Clerk to the Board DATE: January 5, 2004 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Item for Agenda Please submit the enclosed items for the Board's next agenda:: Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 51 with Wayne N. and Judith A. Ecker The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\AGENDA-5.DOC 2004-0199 614 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Wayne N. Ecker and Judith A. Ecker, whose address is PO Box 608, Keenesburg, Colorado 80643,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. Wayne N. Ecker, Owner Judith A. Ec er, Owner STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this /7 day of 1z6z2« fri. , 20O1 , by Wayne N. Ecker and Judith A. Ecker, Owners. Witness my hand and official seal. 4-7,..47,t A)/J--i__ Notary Public My commission expires: �e,e ui 2,X 1 0-4 to ISN p G J�O ill Commission Wm FS 8,yp6 Page 1 of 2 pages 1 111111 11111 11111 IIIIII IIIII 111111 IIIII III IIIII IIII IIII 3158614 03103/2004 11:43A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder C0 ' ,;? .o1/-O/?9' • 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 25th day of February , 2004 • ATTEST: , / �.,. COUNTY OF WELD, A BODY CLERK TO THE O• r`, r �� CORPORATE AND POLITIC OF THE COUNTY COMMIS i� �-. �� STATE OF COLORADO THE COUNTY OF L fish! 1t rt tikv BY: � �::.►..�°� \ �_I BY: y Deputy Clerk to the Bo A"�r Robert D. Masden, Chair, (02/25/2004) BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD (Approved 01/12/2004) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 25th day of February 20 04, by Robert D. Masden, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. •st1.3r.f...r96. Witness my hand and official sea SHARON l:AHL _ at A-. o ar}e ublic � � r C;: My commission expires: _ Page 2 of 2 page !3i!!!( 11111111111111111111111111111111 II11111111111111 2 11:43A o of 4 R 0.00 D 0.00 Steve Moreno Clerk CO 2 b Recorder coon-O /99 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 6, Township 1 North, Range 64 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of said Section 6, from whence the Southwest corner of the Southeast One-Quarter of said Section 6 bears S89°19'50"W, with all bearings contained herein relative thereto; thence N84°16'13"W a distance of 269.17 feet to the North Right of Way line of State Highway#52 and the POINT OF BEGINNING; thence S89°19'50"W along said North Right of Way line a distance of 159.41 feet to the East Right of Way line of Weld County road 51; thence N07°26'18"E along said East Right of Way line a distance of 213.13 feet; thence continuing along said East Right of Way line N17°03'18"E a distance of 92.56 feet to a point of non-tangent curve to the left; thence 175.60 feet along the arc of said curve whose radius is 270.00 feet, central angle is 37°15'45" and whose chord bears S15°09'23"E a distance of 172.52 feet; thence S33°47'15"E a distance of 67.55 feet to a point of curve to the right; thence 75.46 feet along the arc of said curve whose radius is 130.00 feet and central angle is 33°15'36"; thence S00°31'39"E a distance of 4.21 feet to the POINT OF BEGINNING and containing 0.527 acres, more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County and is based on survey information prepared by King Surveyors, Inc. Windsor, Colorado 11111111 1111111111 IIIII 111111 IIIII III IIIII IIII IIII 3158614 03/03/2004 11:43A Weld C 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP A 11111111111111111111111 11111111111111111il I I I I I I I I 1101 3158614 03/03/2004 11:43A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SE 1/4 Sec 6 — T1N— R64W iL -Ir / / / I / / / / il h /; ,N e / I 1W E 1/4 Cor I op R=270 Sec 6-1-64 / 1 o L=175.60' / 1 A. CH55'09'23"E 172.52' 1 = I J 4 I "�� 533'47'15"E 67.55' N I ^ \ \mil N M \ N EXIST. 4 N \ t�-) g0, ROW , v W •\ N --_ k '? \ '* R=130 u / io \ L=75.46' ." Lsi �� \\\ .,.e.+, A=33'15'36" i / ! " EXIST. 60' ROW I Imo; \\ ON• 500'31'39"E 4.21' I VO \ S 1/4 Cor Sec 6-1-64 589'19'50"W 159.41' N84.16.13"W SE Sec Cor HWY-Jr 269.17' ac 6-1-64 /I _ 589'19'50"W 2643.54'_ (basis of bearing) 0 50 100 200 Pa NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SMVEY LWS - DESIGN WELD COUNTY ROAD 51 EASEMENT 1 DF 1 DRAWN JJ" DESCRIPTION DATE Novenaer 19. 2003 EXHIBIT MAP MEMORANDUM CTO: Board of County Commissioners DATE: February 19, 2004 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Chair's Signature Required Subject: Deed of Dedication and Acceptance as follow-up of the Agreement with Wayne N. Ecker and Judith A. Ecker for the WCR 51 Project. (Doc. #2004-0199) Enclosures pc: Leon Sievers M:\Francie\Agenda.doc ;`GCS-/ - O/CH Hello