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Home My WebLink About20030324.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 149 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -GALEN WHITE 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 the Purchase of Right-of-Way for Certain Improvements to Weld County Road 149 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 Galen White, Box 96, Stoneham, Colorado 80754, 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 the Purchase of Right-of-Way for Certain Improvements to Weld County Road 149 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 Galen White be, and hereby is, 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 3rd day of February, A.D., 2003. BOARD OF COUNTY COMMISSIONERS as WEL OU TY, COLORADO ss ,. ATTEST: a=i ( ''u� % D vi E. Lio , C .r Weld County Clerk to t '- IAN ; t / �v fpis Robert D. M en, Pro-Tem BY: -/f _ • .�. ;L C � Deputy Clerk to the Bo M. J. ei e AP V AS TO RM: aCT I `T „Y William H. Jerke unty A rney Al Glenn Vaad Date of signature: a'o 2003-0324 00 ; ftd, /9-P Pc EG0047 AGREEMENT 3- CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 149 BETWEEN GALEN B. WHITE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 0 1 day of 2 ,2003,by and between Galen B. White,whose address is Box 96, Stoneham,Colorado 80754,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 149, 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 Five Hundred and no/100 ($500.00) 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. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. Page I of 3 Pages 111111111111111111111111 III 111111111111111 "III Hill 3036361 02/26/2003 04:49P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,�.a3- any 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. 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. County will remove approximately 1140 feet of the existing fence along the east property line and replace the fence on the west right of way line with a 4 strand barbed wire fence with wood and steel fence posts. 9. County will construct a field entrance at a location mutually agreed to by County and 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 1111111111111111111 11111 III 111111111111 III 11111 IIII 1111 3036361 02/26/2003 04:49P Weld County, CO 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Rernrdar IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: 77 f n., 13-Ze !(J alen B. White TAX ID NUMBER: §Cc- v/- °7M/ ATTEST: ALgh'(/v BOARD OF COUNTY COMMISSIONERS EOF WELD COUNTY, STATE OF f\\ ��`�` COLORADO Weld County Clerk to th o. t IRoI ', y & �.' By: -)1- J �� BY: ce0A Deputy Clerk to the Bo• 'I J' David E. Long, Chairm (2-3-,„2(.50 111111111111111111111111III111111111111III111111111IIII 3036361 02/26/2003 04:49P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 3 of 3 Pages Q003 0.3ay EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the East One-Half of Section 5, Township 7 North, Range 56 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the East Quarter corner of said Section 5, from whence the Northeast corner of said Section 5 bears N00°10'05"E with all bearing contained herein relative thereto; thence 503°21'56"W a distance of 763.01 feet to a point on the northerly line of the Burlington Northern Railroad right of way, now abandoned and the POINT OF BEGINNING; thence N67°47'43"W along said railroad right of way a distance of 21.43 feet; thence N01°06'43"E a distance of 754.31 feet; thence N00°10'05"E a distance of 366.88 feet to the north line of that property described in Deed found under Reception Number 02167422 at the Weld County Clerk and Recorders Office; thence N90°00'00"E along said Deed line a distance of 20.00 feet to the west right of way line of Weld County road 149; thence S00°10'05"W along said right of way line a distance of 367.11 feet; thence S01°06'43"W along said right of way line a distance of 762.19 feet to the POINT OF BEGINNING and containing 0.517 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 the Deed found under Reception Number 0216422 of the Weld County Clerk and Recorder office. 11111111111111111111111 11111 1111111 I I 11111111111111 3036361 02/26/2003 04:49P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder NE EXHIBIT Cor Sec 5-7-56 ® I HAP A I I I --rl Imo-- EXISTING 60' I I RIGHT OF WAY I I I I I N90'00'00"E 20.00' � JL N m 7r n M „ 3 to t O C o 0 100 200 400 0 c z E1/4 Cor ISec 5-7-56 M 503'21'56"W 763.01' I. p, i M • y to O i� 3 O z O Ns> ace 2 4/ s. 1111111 11111 111111111111 III 11111 1111111 III VIII IIII 101 3036361 02/26/2003 04:49P Weld County, CO "P4i 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I ��04p(4,9' NyOOO NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED SE Cor E'J LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO See 5-7-56 ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LWS DESIGN WELD COUNTY ROAD 149 DEED DRAWN DESCRIPTION OAT! JANUARY 13, 2003 EXHIBIT MAP 61tdris MEMORANDUM , r , I r- CTO: Clerk to the Board DATE: January 28, 2002 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County En eer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Agreement Concerning Purchase of Right-of-Way for Certain Improvements to Weld County Road 149 with Galen B. White submitted for Board approval and Chair's signature. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:AW PF(LES\FrancieAAGEN DA-3.wpd 2003-0324 068 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Galen B. White, whose address is PO Box 96, Stoneham, Colorado 80754, 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. Galen B. White, Owner STATE OF COLORADO ) ) ss. COUNTY OFjuM ) The foregoing instrument was acknowledged before me this 74day of tf/ttiQ\ , 20 03 , by Galen B. White, Owner Witness my hand and official seal. NOTARY PUBLIC LYNNETTE K. NATION STATE ___ u 1Z�' r� /� ` � Jn '—` ary Public My commission expires: Page I of 2 pages 1111TH 11111 IIIIIII II IMF 11111 Inn VIII IIII IIII 3046068 03/27/2003 02:33P Weld County, CO 1 of 4 R 0.00 D 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 24th day of March , 20 03 . ATTEST: Medi COUNTY OF WELD, A BODY CLERK TO THE BOARD O Or CORPORATE AND POLITIC OF THE O COUNTY COMMISSION r STATE OF COLORADO THE COUNTY OF WE 1861 O { BY: 4 BY:tzir -O-J Deputy Clerk to the Board David E. Long, Chair, 0 / 4/2003) BOARD OF COUNTY CO SSIONERS OF THE COUNTY OF ELD (Approved 02/03/2003) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 24th day of March , 2003 , by David E. Long, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. ;.pJvf PO •..• Witness my hand and official seal SHARON KA ' '3; Nota7:l is My commission expires: Mr commissionEip May/5,zoos Page 2 of 2 page 1 111111 0111 IMO 11 DIU 11111 11111 03 11 3046068 03/27/2003 02:33P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder o2exf--032y EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the East One-Half of Section 5, Township 7 North, Range 56 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the East Quarter corner of said Section 5, from whence the Northeast corner of said Section 5 bears N00°10'05"E with all bearing contained herein relative thereto; thence 503°21'56"W a distance of 763.01 feet to a point on the northerly line of the Burlington Northern Railroad right of way, now abandoned and the POINT OF BEGINNING; thence N67°47'43"W along said railroad right of way a distance of 21.43 feet; thence N01°06'43"E a distance of 754.31 feet; thence N00°10'05"E a distance of 366.88 feet to the north line of that property described in Deed found under Reception Number 02167422 at the Weld County Clerk and Recorders Office; thence N90°00'00"E along said Deed line a distance of 20.00 feet to the west right of way line of Weld County road 149; thence S00°10'05"W along said right of way line a distance of 367.11 feet; thence S01°06'43"W along said right of way line a distance of 762.19 feet to the POINT OF BEGINNING and containing 0.517 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 the Deed found under Reception Number 0216422 of the Weld County Clerk and Recorder office. IN In 111111 In 11111 IIII I IIIII 1111 3046068 03/27/2003 02:33P weiti uptv, 3 0 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder NE I L Y 1 1 1 Ll Il Cor Sec 5-7-56 + ® ® I NAP P 1 Y I -► Imo- EXISTING 60' I RIGHT OF WAY I I I N90'00'00"E I 20.00' J Iii 1r co I 'o m in M W S N s O Q O 0 0 100 200 400 G o Im 2 '^ E1/4 Cor Sec 5-7-56 M a 503'21'56"W 763.01' 1 111 1 VIII 111111 II 11111111 VIII 11111111111111111 III iri r. W W 3046068 03/27/2003 02:33P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder -0 r z e 3 z • d N67. 1n at?, 2;a43.,3. k' -.ref. .YpRToreRN \ I I I I �'`.p70/q,99N0 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED SE Cor I I gels LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO See 5-7-56 4049 ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SUWEY L.WS DESic" WELD COUNTY ROAD 149 DEED °"°" DESCRIPTION 1 DATE JANUARY 13, 2003 EXHIBIT MAP MEMORANDUM � � :_ . , � ;:; _: II Ile. TO: Clerk to the Board DATE: March 13, 2003 COLORADO FROM: Frank B. Hempen, Jr., 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 WCR 149 with Galen B. White. The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Franc f e\S IGN A TU RE.wpd Hello