HomeMy WebLinkAbout20030463.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39 AND AUTHORIZE CHAIR
TO SIGN NECESSARY DOCUMENTS - RUDY AND STACIE VANDERWAL
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 39 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 Rudy and Stacie Vanderwal,
18999 Weld County Road 39, LaSalle, Colorado 80645, 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 39 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 Rudy and Stacie Vanderwal 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 19th day of February, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, CO ORADO
ATTEST: gefil` e��jl . 1La��
David E. Long, Chair
Weld County Clerk to t,( .fie`. vats iv
obert D. asden, Pro-Te
•
BY: •
Deputy Clerk to the BBi��;!([ �
M. J. eile,PPROV AS TO FORM: / VA-1 (Willia H. Jer e
y A orn
a� Glenn Vaa
Date of signature:
2003-0463
MoL EG0047
GO s Pt
AGREEMENT
gi CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 39 BETWEEN RUDY S. VANDERWAL AND STACIE E.
VANDERWAL AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 10i i ' day of le t ' ny ,2003,by and between Rudy S.
Vanderwal and Stacie E. Vanderwal, whose address is 18999 Weld County Road 39, La Salle,
Colorado 80645, 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 39, 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.
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3036930 02/27/2003 05:03P Weld County, CO
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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.
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.
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3036930 02/27/2003 05:03P Weld County, CO
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: OWNER:
Rudy S. Vanderwal Stacie E. Vanderwal
TAX ID NUMBER: TAX ID NUMBER:
3 ?7 -96 - 523-(o7 -ieetci
ATTEST: fina/S4- BOARD OF COUNTY COMMISSIONERS
; ` OF WELD COUNTY, STATE OF
COLORADO
Weld County Clerk to 04 B.
‘itraiese
By: 6
�i .� � -. I BY: d1..
Deputy Clerk to the B'ti=(S \� David E. Lang, Chairman
Page 3 of 3 Pages
HBO 11111111111111111HMI IIIIIII III 11111 IIII IIII
3036930 02/27/2003 05:03P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder R _xi63
APR-08-03 TUE 11 :31 AM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 2
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northeast One-Quarter of Section 31,Township 4 North, Range
65 West of the Sixth Principal Meridian,County of Weld, State of Colorado and more fully
described as follows:
Commencing at the Northeast corner of said Section 31,from whence the East Quarter corner of
said Section 31 bears S00°19'40"E,with all bearings contained herein relative thereto;thence
S89°38'25"W along the North line of the Northeast One-Quarter of said Section 31 a distance of
30.00 feet to the west right of way line of Weld County road 39 and the POINT OF
BEGINNING;thence S00°19'40"E along said west right of way line a distance of 400.00 feet;
thence S89°38'25"W a distance of 10.00 feet;thence NOO°19'40"W a distance of 400.00 feet to
the North line of the Northeast One-Quarter of said Section 31;thence N89°38'25"E along said
North line a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.092 acres,
more or less.
The above description was prepared by Leon Sievers,Right of Way Agent, in and for Weld
County, Colorado and is based on survey information provided by Alles and Associates,428 N.
2n°Street, La Salle,Colorado 80645
APR-08-03 TUE 11 :31 AM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 3
EXI/IBIT MAP A
589'38'25"W
30.00'
S89'38'25"W .... •+ NE Cor
SECTION LINE Sec 31-4-66
N89'38'25"E
10.00'
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RUDY S. & STACIE VANDERWAL z W
18999 WCR 39
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0 50 100 200
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NOTE' THIS EXHIBIT MAP ODES NOT REPRESENT A NOWNENTEO
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
x.". _..ws W .
ate, WELD COUNTY ROAD 39 DEED 1 1
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w e, E003ri JANUARY Et —..� EXHIBIT MAP DESCRIPTION 1
•
MEMORANDUM
CTO: Clerk to the Board DATE: February 12, 2003
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda:
Agreement for Purchase of right-of-Way on WCR 39 with Rudy and Stacie Vandc! wal
The appropriate documentation is attached.
-vi
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:AWPFILESAFrancieAAGENDA-2.wpd
2003-0463
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 /0"
Dated /�d , 20 (93.
ATTEST: Lei
,/• '� OUNTY OF WELD, A BODY
CLERK TO THE BOARD OF � J `;RP0RATE AND POLITIC OF THE
COUNTY COMMISSIONER O f "a' t TE OF COLORADO
THE COUNTY OF WELD ts61vat&
Frs.*?
Deputy Clerk to the C oard David . Long, Chair, o /11103
BOARD OF COUNTY C MNIISSIONERS
OF THE COUNTY OF LD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 77-241 day of
\-721a , 20/),-- by David E. Long, Chair, BOARD OF COUNTY
COMMISSIONERS OF THE CO "c, . _.F WELD.
••
O/
Witness my hand . atifiStegpll
BECHLER A %/%-t2
S:eoPcool � Notary Public
My Commrtsk i Expires April lit 2004
My commission expires:
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3066080 05/27/2003 10:17A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aoo3 oy6.3
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northeast One-Quarter of Section 31, Township 4 North, Range
65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully
described as follows:
Commencing at the Northeast corner of said Section 31, from whence the East Quarter corner of
said Section 31 bears S00°19'40"E, with all bearings contained herein relative thereto; thence
S89°38'25"W along the North line of the Northeast One-Quarter of said Section 31 a distance of
30.00 feet to the west right of way line of Weld County road 39 and the POINT OF
BEGINNING; thence S00°19'40"E along said west right of way line a distance of 400.00 feet;
thence S89°38'25"W a distance of 10.00 feet; thence NOO°19'40"W a distance of 400.00 feet to
the North line of the Northeast One-Quarter of said Section 31; thence N89°38'25"E along said
North line a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.092 acres,
more or less.
The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld
County, Colorado and is based on survey information provided by Alles and Associates, 428 N.
2"d Street, La Salle, Colorado 80645
1111111111111111111111111111111111111111111111111111111
30 :17A Weld Cunty, CO
of 3066080 4 R 0.00 ZD 0.00003 10Steve Morenoo Clerk& Recorder
A003-0463
EXHIBIT MAP A
S89'38'25"W
30.00'
S89'38'25"W
SECTION LINE NE Cor
N89'38'25"E Sec 31 -4-61s
10.00'
0
0
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RUDY S. & STACIE VANDERWAL
18999 WCR 39 Z w
284-6398
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S89'38'25"W---1I o(no
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Sec 31 -4-65
0 50 100 200
EII IIIII
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 3066080 05/27/2003 10:17A Weld County, CO
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LVS
DENLX WELD COUNTY ROAD 39 DEED 1 DE 1
DESCRIPTION
DATE JANUARY 28, 2003 EXHIBIT MAP
aoo 3-O443
080
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Rudy S. Vanderwal and Stacie E.
Vanderwal, whose address is 18999 Weld County Road 39, 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.
Rudy S. Vanderwal, Owner acie E. Vanderwal, Owner
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me thisand day of
t, 1 , 200?,, by Rudy S. Vanderwal and Stacie E. Vanderwal, Owners.
Witness my hand and official seal.
oLE�iiiii�����/,'/ Notary Public
tc.f
In : O =
: -Jzz
Page 1 of 2 pages
1 111111 11111 IOU 'HII IIII 11111 1111111 III HE IM'
III'
3066080 05/27/2003 10:17A Weld County, CO
1 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
,,003-0c/(a3
MEMORANDUM
wipCTO: Clerk to the Board DATE : May 12, 2003
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Enginee
SUBJECT: Item for Chair's Signature
Please submit the enclosed item for the Chair's signature.
Deed of Dedication and Acceptance as approved in the Agreement Concerning
Purchase of Right-of-Way for Certain Improvements to WCR 39
Document No. 2003-0463.
The appropriate documentation is enclosed
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:AFRANCIEVCIIAIR-SIGNATURE.DOC
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