HomeMy WebLinkAbout20033356.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 27(83RD AVENUE),ACCEPT
TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN ANY
NECESSARY DOCUMENTS - BRIAN AND LAINEY JOHNSON
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 27(83rd Avenue)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 Brian
and LaineyJohnson,commencing upon full execution,and ending upon completion of construction,
with further 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
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 Purchase of Right-of-Way for Certain
Improvements to Weld County Road 27(83rd Avenue)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 Brian and Lainey
Johnson 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 10th day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W IJNT ORFjDO
� ((RA.
ATTEST: ��� eid� Xi i
�✓�� ) La D ving Chair
Weld County Clerk to tha:o. � .y,-;•
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o, �� ' R rt D. sden, Pro-Tem
BY: S ,�::.
Deputy Clerk to the Board, •" r Ql/
M. J. Geile
APP D AS TO • 61--17771
1„�/L
William H. Jerk
ounty Attorne
Glenn Vaa
Date of signature: �(Y
2003-3356
EG0047
O'.' Pt/ Pub, ,1,°Pc2 r S&) ar_o>.oy
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 27 (83rd Avenue) BETWEEN BRIAN D. JOHNSON AND LAINEY
J. JOHNSON AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this . 6-Th'day ofNOt/a/942003,by and between Brian D.
Johnson and Lainey J. Johnson,whose address is 5631 West 25th Street,Greeley,Colorado 80634,
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 27, 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 Twelve Thousand, Nine Hundred Fifty and no/100
($12,950.00) 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, gas, and shall also retain any water
rights currently attached or associated with the right of way.
Page 1 of 3 Pages
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3140432 12/31/2003 11:30A Weld County, CO
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w _335
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 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.
Owner represents and warrants that all general taxes levied prior to such year have
been paid in full by Owner.
8. Owner agrees to Grant to County a Temporary Construction Easement for the
reconstruction of the existing driveway. Owner agrees to Grant said Easement by
using substantially the easement form attached herein. County agrees to reimburse
the Owner the sum of Six Hundred Ninety Five and no/100($695.00)dollars for the
execution of said easement.
Page 2 of 3 Pages
111111111111 lilt 11111111 11111 I11I 111111111 11111 IIII I'll
3140432 12/31/2003 11:30A 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: WNER:
Brian D. Johnson Lainey J. J s
TAX ID NUMBER: TAX ID NUMBER:
5,2y-6y-7/0z y7O- 99'-Se/4
ATTEST: getu BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
��''`• COLORADO
Weld County Clerk to t o ;
By: , .� . _,.g. ... �� BY:
Deputy Clerk to the t i ,, cI David E. Long, C ai an
‘ NtPage 3 of 3 Pages
1 111111 11111 IIII1111111111111 NBC III IIIII 1111 IIII
3140432 12/31/2003 11:30A Weld County, CO
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,a3 -3350
Exhibit A
DESCRIPTION:
A tract of land located in the East Half of Section 7, Township 5 North, Range 66 West
of the 6th Principal Meridian, County of Weld, State of Colorado,being more particularly
described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing
North 01°02'55" West and with all bearings contained herein relative thereto:
Commencing at the east quarter corner of said Section 7; thence along the east line of said
section North 01°02'55" West 33.51 feet; thence South 75°51'04" West 30.80 feet to a
point on the existing west right-of-way line of 83rd Avenue, the POINT OF BEGINNING;
thence South 75°51'04" West 60.02 feet; thence North 12°03'35" West 73.57 feet; thence
North 00°20'47" West 84.59 feet; thence North 61°01'39" East 80.89 feet to said existing
west right-of-way line; thence along said right-of-way line South 01°02'55" East 181.08
feet to the POINT OF BEGINNING.
The above described tract contains 0.270 acres, more or less, and is subject to all
easements and rights of way now on record or existing.
January 10, 2003
114-005ehB-rw.doc
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1111111VIIIIIII EMI 11111i111111111III 11111 1111 liii
3140432 12/31/2003 11:30A Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
r REPRESENTATION OF EXHIBIT A 1
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 7, TOWNSHIP
5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO
SECTION 7 ! SECTION 8
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TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Brian D. Johnson and Lainey J. Johnson,
whose address is 5631 West 25`h Street, Greeley, Colorado 80634, 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 10th Street Greeley, Colorado 80631, Grantee.
Grantor hereby grants to the Grantee, its contractors, agents and all others deemed
necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction
Easement is for grading and shaping of a new driveway during the construction of improvements
to Weld County Road#27 (83`a Avenue), in and to, over, under and across the following
described land:
SEE EASEMENT EXHIBIT"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 January 1, 2004, and
shall expire and be of no further force or effect on December 31, 2004.
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 restore said lands 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 Six Hundred Ninety Five and no/100
($695.00) dollars for the execution of this Temporary Construction Easement.
Page 1 of 2 page
IIIIII IIIII IIII IIIIIIII IIIII IIII IIIIII III IIIII IIII IIII
3140433 12/31/2003 11:30A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
aoe3-s
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.
Brian D. Johnson, caner Lainey J. J614- , Cn7ner
TAX ID NUMBER: TAX ID NUMBER:
Say-69-y/02 97o-88-Se"
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this Zrj�j"day of
Nove.enbe r , 200 by Brian D. Johnson and Lainey J. Johnson, Owners.
Witness my hand and offic. 1
0:....RA9Fp
fir i�`S0TAg 4'
Notary Public
N' PUBLIC
My commission expir
My Costission Expires 11/1/1007
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: /I►�' if ,O COUNTY OF WELD, STATE OF
�� ORADO, GRANTEE
of J,�
/ c,e C
Deputy Clerk to the �, David E. Long, Chairma Board of County
' 'ti, 4. Commissioners.
` (. k '� orvio/coons)
Page 2 of 2 pages
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3140433 12/31/2003 11:30A Weld County, CO
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,o03-335'0
EASEMENT EXHIBIT A
DESCRIPTION:
A tract of land located in the East Half of Section 7, Township 5 North, Range 66 West
of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly
described as follows:
Considering the east line of the Northeast Quarter of said Section 7 as bearing
North 01°02'55" West and with all bearings contained herein relative thereto:
Commencing at the east quarter corner of said Section 7; thence along the east line of said
section North 01°02'55" West 33.51 feet; thence South 75°51'04" West 90.82 feet to the
POINT OF BEGINNING; thence South 75°51'04" West 78.83 feet; thence North
O1°02'55" West 76.82 feet; thence North 64°17'49" East 58.16 feet; thence North
00°20'47" West, 54.77 feet; thence North 89°39'13" East 10.00 feet; thence South
00°20'47" East, 65.55 feet; thence South 12°03'35" East 73.57 feet to the POINT OF
BEGINNING.
The above described tract contains 0.145 acres, more or less, and is subject to all
easements and rights of way now on record or existing.
March 5, 2003
114-005ehB-te.doc
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3140433 12/31/2003 11:30A Weld County, CO
3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
i REPRESENTATION OF EXHIBIT A
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 7, TOWNSHIP
5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO
SECTION 7 SECTION 8
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1
MEMORANDUM
CTO: Esther Geisick, Clerk to the Board DATE : 12/5/2003
•
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda.
Agreement and Temporary Construction Easement with Brian D.Johnson and Lainey J.
Johnson (WCR 27)
The appropriate documentation is enclosed.
Enclosures
pc: Leon Sievers
M'.vFr anew.\Sia atureltem.DOC
2003-3356
143
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Brian D. Johnson and Lainey J.
Johnson, whose address is 5631 West 25th Street, Greeley, Colorado 80634,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.
Brian D. Johns° , Owner Lainey J. on Owner
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ?l5 day of
, 20O},by Brian D. Johnson and Lainey J. Johnson, Owners.
Witn ss my hand and official seal.
` Rqp •
) .
Q•'rOTy`•nR t.1 Notary ublic
i t i
My commissio cpkent.tc
OF COt-
My Commission Expires 1111811007
Page 1 oft pages
I IIIIII 11111 DID 111111 II 1111 III III MI//I
3158143 03/02/2004 11:27A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
(7' Psi /), c0, 4t (1.r.67-0 D /ova°`/
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 2nd day of February , 2004 •
ATTEST: a ��i'//" COUNTY OF WELD, A BODY
CLERK TO THE BOARD s,- F �� CORPORATE AND POLITIC OF THE
COUNTY COMMISSIO a STATE OF COLORADO
THE COUNTY OF WEB,
BY: (-.S - G` (Z' _ 1� BY: \\ --2
Deputy Clerk to the Board Robert D. Masden, Chair,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
(Approved 12/10/2003)
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 2nd day of February
2004 , by Robert D. Masden, Chair, BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD.
Witness my hand and official seal. r
O. PRY'Pve<i
sHARB rt'
KAHL
My commission expires: ,, ,J�o
?�•... ........:"4i
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Mycfage' on2£Age!1ay 15,2066
1 1111111111111111111111111111 111111111111 I11I 11111 III
3158143 03/02/2004 11:27A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder t,'^3 �SScr,
Exhibit A
DESCRIPTION:
A tract of land located in the East Half of Section 7, Township 5 North, Range 66 West
of the 6th Principal Meridian, County of Weld, State of Colorado,being more particularly
described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing
North 01°02'55" West and with all bearings contained herein relative thereto:
Commencing at the east quarter corner of said Section 7; thence along the east line of said
section North 01°02'55" West 33.51 feet; thence South 75°51'04" West 30.80 feet to a
point on the existing west right-of-way line of 83rd Avenue, the POINT OF BEGINNING;
thence South 75°51'04" West 60.02 feet; thence North 12°03'35" West 73.57 feet; thence
North 00°20'47" West 84.59 feet; thence North 61°01'39" East 80.89 feet to said existing
west right-of-way line; thence along said right-of-way line South 01°02'55" East 181.08
feet to the POINT OF BEGINNING.
The above described tract contains 0.270 acres, more or less, and is subject to all
easements and rights of way now on record or existing.
January 10, 2003
114-005ehB-rw.doc
mpm
11111111 11111 11111 111111 1111 1111 11111111II111111 1111 I I I I
3158143 03/02/2004 11:27A Weld County, CO
3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
i REPRESENTATION OF EXHIBIT A 1
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 7, TOWNSHIP
5 NORTH, RANGE 86 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO
SECTION 7 I I SECTION 8
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t SEC. 7, TOWNSHIP 5 NORTH,
f . 80.89' j(//-
RANGE 66 WEST
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FND. PROP CORNER
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TOWNSHIP 5N, RANGE 66W
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3158143 03/02/2004 11:27A Weld County, CO
\__4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder J
corYRICNT O]W] P SCI PONEWASCITTICI PROJECT MALI M.
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•
MEMORANDUM
TO: Esther, CTB DATE: January 23, 2004
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Consent Agenda Item
Please submit this item for the Board's next Consent Agenda
Chair's signature for the Deed of Dedication and Acceptance with Brian D. Johnson
and Lainey J. Johnson for WCR 27 (83rd Avenue)(Agreement is referenced on Doc,
No. 2003-3356)
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\W PF(LES\Francie\agendaleon-1.wpd
Hello