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Home My WebLink About20043492.tiff RESOLUTION RE: APPROVE FOLLOWUP AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR IMPROVEMENTS TO WCR 27 (83RD AVENUE) AND AUTHORIZE CHAIR TO SIGN - VERNON MORGAN AND TRANSNATION TITLE INSURANCE COMPANY 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, on February 19, 2004, the Board of County Commissioners approved an agreement by Resolution#2004-0636,with Patricia Erickson for the Purchase of Right-of-Way for Improvements to Weld County Road 27 (83rd Avenue), and WHEREAS, Patricia Erickson subsequently assigned her rights to her brother, Vernon Morgan, and WHEREAS, the Board has been presented with a Followup Agreement for Purchase of Right-of-Way for Improvements to Weld County Road 27 (83rd Avenue) 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 Vernon Morgan and Transnation Title Insurance Company, with further 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 Followup Agreement for Purchase of Right-of-Way for Improvements to Weld County Road 27 (83rd Avenue) 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 Vernon Morgan and Transnation Title Insurance Company be,and hereby is,approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to sign said agreement. 2004-3492 EG0050 FOLLOWUP AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR IMPROVEMENTS TO WCR 27 (83RD AVENUE) PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 15th day of December, A.D., 2004. BOARD OF COUNTY COMMISSIONERS G' //�� W LD COUNTY, COLORADO <7;11F,-,M1/ ‘‘ C�. ijj vl Y "UJ A1°r t� Robert D. Masden, Chair f 61 VsWield', nt lerk to the Board ttO Of x I. William . Jerke, Pro-Tern ty Clerk to the Boa M. J. ' e 1�1 RO D AS TO • ), David E. Long ttorn Glenn Vaa ate of signature: /4 O- 2004-3492 EG0050 OCS OTIS, COAN & STEWART, LLC Attorneys And Counselors At Law p ` ° '� Fred L. Otis flotis@ocslaw.com December 10, 2004 DEC 13 200 Mr. Bruce Barker Weld County Attorney WELD COUNTY PO Box 758 -ATTORNEY'S OFFICE Greeley, CO 80632 RE: WCR 27 /83`d Avenue/Vernon C. Morgan Dear Bruce: Enclosed is an original of the Agreement which you approved by email. It is now signed by Vernon C. Morgan. It will need to be signed by LandAmerica Transnation and the Weld County Commissioners. I am still holding the two LandAmerica Transnation checks which I will deliver to LandAmerica once the Agreement is signed by the Commissioners and LandAmerica. Please send me a fully executed copy of the Agreement. Sincerely, Fred L. Otis FLO:mas Enclosures xc: Mr. Wayne Howard Weld County Public Works Department 1111 H Street, PO Box 758 Greeley, CO 80632 Mr. Vernon C. Morgan 1415 83`a Avenue Greeley, CO 80634 The Doyle Building, 1812 56th Avenue, Greeley, Colorado 80634 Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 U�:y- _3792__ AGREEMENT This agreement is made this day of December, 2004, by and between Vernon C. Morgan, 1415 83rd Avenue, Greeley, Colorado 80634 (hereafter referred to as "Owner"); County of Weld, a body corporate and politic of the State of Colorado by and through its Board of County Commissioners, 915 10th Street, Greeley, Colorado 80631 (hereafter referred to as "County"), and Transnation Title Insurance Company, 5801 W. 11th Street, Suite 201, Greeley, Colorado 80634 ("LandAmerica"). BACKGROUND OF AGREEMENT The following background statements are made to aid in the understanding and interpretation of this agreement: A. Patricia C. Erickson and County entered into an Agreement dated February 19, 2004, a copy of which is attached as Exhibit A("Original Agreement"). B. Under the Original Agreement Patricia C. Erickson("Erickson") agreed to transfer certain property to County in exchange for$16,758.00. C. By Paragraph 9 of the Original Agreement Erickson agreed to reconstruct the existing sanitary sewer leach field and install a new water service line in exchange for reimbursement of$12,365.00. D. By Paragraph 11 of the Original Agreement Erickson agreed to be reimbursed $3,690.00 for relocation of that part of the sprinkler system located in the new right-of-way and based upon a bid from J& J Sprinkler dated December 6, 2003. E. At the time of closing of the Original Agreement and transfer of the property described in the Original Agreement, County authorized issuance of LandAmerica Check No. 136976 in the amount of$3,690.00 payable to "Patricia C. Erickson and J& J Sprinkler," F. At the time of closing of the Original Agreement and transfer of the property described in the Original Agreement, County authorized issuance of LandAmerica Check No. 136975 in the amount of$12,365.00 payable to "Patricia C. Erickson and GLH Construction." G. By virtue of a Mutual Release and Settlement Agreement dated October 7, 2004, Erickson assigned her right, title, and interest under the agreement to Owner and gave notice to County. H. On or about October 10, 2004, County authorized GLH install a new water service line in a new location that replaced the Sear-Brown Engineers plans described in Paragraph 9 of the Original Agreement. 1 ;�:ci 35/yg I. On or about October 21, 2004, GLH Construction completed its work and submitted Invoice No. 2004202 dated October 29, 2004 to the County in the amount of$10,260.76. J. I& I Sprinkler has not performed any work on the project for Owner or County. Owner has agreed to reconstruct the sprinkler system himself without the assistance of J& J Sprinkler and County agrees to the payment of the $3,690.00 to Owner to pay for such expense. K. Owner is in possession of LandAmerica Check Nos. 136975 and 136976 identified above in paragraphs D and E and such checks have been endorsed by Erickson. L. The parties desire to settle their differences by reimbursing the County in the amount of the GLH invoice of$10,260.76 (County agrees to pay GLH) and having a check issued to Owner in the amount of$5,794.24 (the sum of$2,104.24 for the sanitary sewer leach field and $3,690.00 for the sprinkler system). M. Owner has agreed to reconstruct the existing sanitary sewer leach field in accordance with Weld County Health Department regulations—reconstruction of the sanitary sewer leach field will no longer be part of the County's obligation. NOW, THEREFORE, for and in consideration of the mutual promises of the parties, it is agreed as follows: 1. LandAmerica Check Nos. 136975 and 136976 identified above in paragraphs D and E shall be returned to LandAmerica and LandAmerica shall cancel them. 2. From the funds available after cancellation of Checks Nos. 136975 and 136976 LandAmerica shall issue the following checks: a. To County in the amount of$10,260.76 for reimbursement of the GLH invoice #2004202. b. To Owner in the Amount of$5,794.24. 3. County and Owner agree to hold LandAmerica harmless from claims by GLH and J&J Sprinkler by virtue of cancellation of LandAmerica Check Nos. 136975 and 136976 and County shall hold Owner harmless from the obligation to pay GLH under the terms of the Original Agreement. 4. Owner shall reconstruct the sanitary sewer leach field in accordance with Weld County Health Department regulations and acknowledges that reconstruction of the sanitary sewer leach field will no longer be the County's obligation. Furthermore, Owner acknowledges that the reconstruction of the sprinkler system shall no longer be the County's obligation. 2 Executed on the day and year first above written. (4)///410,-J Vernon C. Morgan Board of County Commissioners Weld County, Colorado Vc.-R, \0_, Robert D. Masden, Chairman, Board of County Commissioners of Weld, County, Colorado rife 1 5 2004 1861 tory,��.1 SW Weld County Cler o the Board ' 5(79. d LandAmerica Transnation Title Insurance Company By 3 a%Cl' 4/-. 5/% Jul •20 . 20051 4:28PM5 firlWest Greeley Law Center ?B8 NU, WU bbb UUtd3No• 1650 P. 4N • ' , ..- •.." Executed on the day end year first above win. Vernon • . . • . . . . Board of County Commissioners County,C'4lQLoaMofCoy Robert .Maiden, Commissioners of wdd,County,Cateredo IIFC 1 5 2004 liii t itgri r jeati Weld ��the , 859: tfy -. " Translation T le Insurance . l 'U� By L.< ££.,�C� a /7 Y017.00N3 • ate y 39Pg Hello