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Home My WebLink About20030462.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39, TEMPORARY CONSTRUCTION EASEMENT, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RODNICK AND ELSIE ULRICH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Horns 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 39 and a Temporary Construction Easement 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 Rodnick and Elsie Ulrich, 19217 Weld County Road 44, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement and easement, and WHEREAS, after review, the Board deems it advisable to approve said agreement and temporary easement, copies of which are 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 39 and the Temporary Construction Easement 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 Rodnick and Elsie Ulrich be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2003-0462 AL.), y / EG0047 (o P& . /Ten_ RE: PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WCR 39 AND TEMPORARY CONSTRUCTION EASEMENT - RODNICK AND ELSIE ULRICH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of February, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: f '� �� `'II I D id E. Long, Chal Weld County Clerk tom o 1/49 Robert D. asden, Pro-Tern BY: -_•//i . Deputy Clerk to the Bib 1 �' . JGeile APP AS TO F /p j % )1/,A t— William H. Jerke o n tfor eAA.4 SRS Glenn Vaad - Date of signature: a/5 2003-0462 EG0047 AGREEMENT 932 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39 BETWEEN RODNICK E. ULRICH AND ELSIE J. ULRICH AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 6 day of re.h ,2003,by and between Rodnick E. Ulrich and Elsie J. Ulrich, whose address is 19217 Weld County Road 44, La Salle, Colorado 80645,hereinafter referred to as "Owners," 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 the Weld County Road 39-44 intersection, and WHEREAS, Owners own 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, Owners wish to cooperate with County in said road improvement. NOW, THEREFORE,the parties herein agree as follows: 1. Owners agree 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 One Thousand and no/100 ($1000.00) dollars. This consideration is being offered in lieu of condemnation. 2. Owners agree to grant the Right-of-Way to County by Deed of Dedication, free and Initials �.�C 1�_ Initials (,t Page 1 of 3 Pages 111111111111111111111111111111111111111 III 1111111111111 3036932 02/27/2003 05:03P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Roo3 bzoOL clear of all encumbrances, except existing easements, without conveying the underlying oil and/or gas mineral interests or water rights to 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 Owners,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. Owners warrant that they are the owners of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2003 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. Owners represent and warrant that all general taxes levied prior to such year have been paid in full by Owners. 8. County will remove approximately 80 feet of fence from the existing right of way line and place a new fence on the new right of way line. Said fence will be a 4 strand barbed wire fence with wood and steel fence posts. 9. Owners agree to grant a Temporary Construction Easement in favor of County for the construction of a dirt irrigation lateral.County will reimburse Owners Three Hundred Fifty and no/100 ($350.00) dollars for said Temporary Construction Easement. Initials E£CA InitialsCL Page 2 of 3 Pages 11111111111111111111111111111 III 1111111 III 11111 1111 III1 3036932 02/27/2003 05:03P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: OWNER: Rodnick E. Ulrich Elsie J. Ulrich TAX ID NUMBER: TAX ID NUMBER: estiy & -0 - 7/ ATTEST: Midi BOARD OF COUNTY COMMISSIONERS "- OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to th o. + v�', ��1 861 By: c ;!: . " BY: Deputy Clerk to the B�� ( Davi E. Long, Chairman Page 3 of 3 Pages 1 111111 11111 1111111 11111 11111 111 1111111 111 11111 1111 ill 3036932 02/27/2003 05:03P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,?ov3-oe/Ga EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southwest One-Quarter of Section 17, Township 4 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Southwest corner of said Section 17, from whence the South Quarter corner of said Section 17 bears N89°17'54"E, with all bearings contained herein relative thereto; thence N44°08'07"E a distance of 42.31 feet to the North right of way line of Weld County road 44 and the POINT OF BEGINNING; thence N89°17'54"E along said North line a distance of 40.00 feet; thence N45°51'53"W a distance of 56.73 feet to the East right of way line of Weld County road 39; thence S01°01'40"E along said East line a distance of 40.00 feet to the POINT OF BEGINNING and containing 800 square feet (0.018 acres) more or less. The above description was prepared by Leon W. Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Alles and Associates, Inc., 428 N. 2n° Street, LaSalle, Colorado 80645 1 111111 111111111111 VIII 111111111111111 III 11111 IIII IIII 3036932 02/27/2003 05:03P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ATH/73hT MAP A W1/4 Cor Sec 17-4-65 30' EXISTING ROW 3 0 0 10' TEMPORARY CONSTRUCTION EASEMENT Z o \ EXISTING GAS Xv-7 FACILITY FENCE L YQSS\ \is X 6:t! \ o • fN N89°17'54"E 40.00' ^O' p� o� 30' EXISTING ROW N89°17'54"E S1/4 Cor SW Cor Sec 17-4-65 Sec 17-4-65 JL FI r I 1 111111 11111 1111111 VIII III 3035932 02/27/2003 05:0!111W ld1Io nt y11I1 INN o ,s 30 60 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 SURVEY LL/S DESIGN WELD COUNTY ROAD 39/44 DEED DESCRIPTION EXHIBIT MAP D>rE JANUARY 24, 2003 9= TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Rodnick E. Ulrich and Elsie J. Ulrich, whose address is 19217 Weld County Road 44, La Salle, Colorado 80645, (Grantor) 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, (Grantee). Said Temporary Construction Easement is for the excavation of a dirt irrigation lateral during the construction of improvements to Weld County road intersection 39-44, in and to, over, under and across the following described land: A strip of land, 40 feet in width, located in the Southwest One-quarter of Section 17, Township 4 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado and lying immediately adjacent to the new right of way at the intersection of Weld County roads 39 and 44 and illustrated in the attached Exhibit Map A Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on February 1, 2003, and shall expire and be of no further force or effect on December 31, 2003. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to reseed said slopes to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto,their respective personal representatives, successors and assigns. 5. Grantee will reimburse Grantor the sum of Three Hundred Fifty and no/100 ($350.00) dollars for the execution of this Temporary Construction Easement. Page 1 of 2 pages 1 111111 11111 1111111 11111 11111 III 1111111 III 11111 IIII IIII 3036931 02/27/2003 05:03P Weld County, CO 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder oat 3_cy(0� IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. Dated this day of Feb , 2003. .Rea £ taujt ea� Rodnick E. Ulrich, Owner Elsie J. Ulric , Owner 5a2-2y-8592' L5%- -97/ Tax ID number Tax ID number GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: jatakIr COUNTY OF WELD, STATE OF r�. 3 CILO DO, GRANTEE Deputy Clerk to the Bo CuDavid E. Long, Chairma , :o. d of County Commissioners. ( //9/.2c^ ) Page 2 of 2 pages 1 111111 11111 HEN 11111 11111 I I 11111111 III 11111 I I I 11111 3036931 02/27/2003 05:03P Weld County, CO 2 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT X l l L l Z HAP Al A W1/4 Cor Sec 17-4-65 30' EXISTING ROW v .15 10' TEMPORARY CONSTRUCTION EASEMENT Z o \ EXISTING GAS X7-7 FACILITY FENCE �ASS� \ X SS \ • emu%• \ N N89'17'54"E 40.00' .01 ob•y'• 30' EXISTING ROW bt`bti N89'17'54"E S1/4 Cor SW Cor Sec 17-4-65 Sec 17-4-65 JL r Hill" 0 15 30 60 I HIDHID11111 HMI VIII 11111 III DOBDOBIII DIE IIII 3036931 02/27/2003 05:03P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LANG SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SLPVEV LV$ DEsc„ WELD COUNTY ROAD 39/44 DEED °^^ DESCRIPTION DATE JANUARY 24, 2003 EXHIBIT MAP MEMORANDUM "hiCTO: Clerk to the Board DATE: February 10, 2003 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Temporary Construction Easement on WCR 39 with Rodnick E. Ulrich and Elsie J. Ulrich And Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 39 with Rodnick E. Ulrich and Elsie J. Ulrich. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent r-D M\WPFILES\FranticAAGENDA-1_wpd 2003-0462 • Due to today's scanning technology, certain colored inks do not reprouuLe. 633 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Rodnick E. Ulrich and Elsie E. Ulrich, whose address is 19217 Weld County Road 44, LaSalle, Colorado 80645, 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. Rudnick E. Ulrich, Owner Elsie E. Ulrich, (weer STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 7 day of �,�/?!Ciq , 20Cby Rodnick E. Ulrich and Elsie E. Ulrich, Owners. Witness mx hand and official seal. REECE TOWLE NOTARY PUBLIC-WELDCOUNTY STATE OF COLORADO My Commission Expires Aug.21, Notary Pu lc My commission expires: Page 1 of 2 pages 1 111111 11111 1111111 III 11111 VIII 1111111 111 11111 /III I'll 3050633 04/08/2003 04:55P Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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 7th day of April , 2003 • ATTEST: Atillial4 COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONE STATE OF COLORADO THE COUNTY OF WEL p�� }��. 1861 G BY: ,_�/�1 C• `_� BY: Deputy Clerk to the Bo'\ / David E. Long, Chair, ( 07/2003) BOARD OF COUNTY CO SSIONERS OF THE COUNTY OF LD (Approved 02/19/2003) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 7th day of April , 20 03 , by David E. Long, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. .SP V- PVe�,.,,. Witness my hand and official seal/*/ .t 1.t 2 SHARON `;,3 �t/ d. K '' ;"•+ (t is �1 y O ._ ..COL D ............... My commission expires: my commission£.pros May 15,2006 Page 2 of 2 page 111111111111 1111111 III 11111 11111 1111111 III VIII 1111 I11I 3050633 04/08/2003 04:55P Weld County, CO C044:2.2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 03 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southwest One-Quarter of Section 17, Township 4 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Southwest corner of said Section 17, from whence the South Quarter corner of said Section 17 bears N89°17'54"E, with all bearings contained herein relative thereto; thence N44°08'07"E a distance of 42.31 feet to the North right of way line of Weld County road 44 and the POINT OF BEGINNING; thence N89°17'54"E along said North line a distance of 40.00 feet; thence N45°51'53"W a distance of 56.73 feet to the East right of way line of Weld County road 39; thence S01°01'40"E along said East line a distance of 40.00 feet to the POINT OF BEGINNING and containing 800 square feet(0.018 acres) more or less. The above description was prepared by Leon W. Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Alles and Associates, Inc., 428 N. 2"d Street, LaSalle, Colorado 80645 1111111111111111111III11111111111111111III IIIII IIII IIII 3050633 04108/2003 04:55P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • EXHIBIT MAP A W1/4 Cor Sec 17-4-65 30' EXISTING ROW 0 0 10' TEMPORARY • CONSTRUCTION EASEMENT 0 Z o \ EXISTING GAS 0 X7---7 FACILITY FENCE a tiQ \ `sS • \ \ \ o ssLP. \ U, 1<ci N89'17'54"E 40.00' O p74).• 30' EXISTING ROW N89.17'54"E S1/4 Cor SW Cor Sec 17-4-65 Sec 17-4-65 JL P4 r D 15 30 BD I\I1 \Illlllll)21910 llllll1\I\1\I\1I\111 , CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk C Rec order NOTE: THIS EXHIBIT NAP DOES NOT REPRESENT A MONUNENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT zwvE, LVS DE51°„ WELD COUNTY ROAD 39/44 DEED 1 1 DESCRIPTION SATE JANUARY 24, 2003 EXHIBIT MAP rest(es; :, MEMORANDUM _J TO: Clerk to the Board DATE: March 31, 2003 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Item for Chair's Signature Please submit the enclosed item for the Chair's signature. Acceptance and Deed of Dedication Concerning Purchase of Right-of-Way for Certain Improvements to the intersection of WCR 39 and WCR 44 with the Rodnick E. Ulrich and Elsie E. Ulrich. The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent M:\FRANCIE\SIGNATURE.W PD -/03--O-/0& Hello