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Home My WebLink About20033055.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13, AND TEMPORARY CONSTRUCTION EASEMENT, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RONALD AND NANETTE MORRIS 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 13,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 Ronald and Nanette Morris, 18501 Weld County Road 13, Johnstown, Colorado 80534, with terms and conditions being as stated in said agreement and temporary 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 13, and 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 Ronald and Nanette Morris, 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. 2003-3055 EG0047 • RE: AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13, AND TEMPORARY CONSTRUCTION EASEMENT - RONALD AND NANETTE MORRIS PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 3rd day of November, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WEL OUN Y, COLORADO ATTEST: a !�4 ;b, �� vid E Lon , C air Weld County Clerk to e : . Qua ° Y ,� Robert D. Masden, Pro-Te BY: .i' ♦ r' /�.' \ _i Deputy Clerk to the Boa EXCUSED M. J. Geile APP E AST Willis H. Jerke untyAtorn y Vg-4 Glenn Vaad Date of signature: ///to 2003-3055 EG0047 • AGREEMENT 396 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN RONALD L. MORRIS AND NANETTE L. MORRIS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 2a day of 0 c' ,2003,by and between Ronald L. Morris and Nanette L. Morris, whose address is 18501 Weld County Road 13, Johnstown, Colorado 80534,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 13, and WHEREAS, Owner owns the property described in the attached Exhibit "A" Legal Description, 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, subject to existing easements, notes and Deed of Trust. 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 Page 1 of 3 Pages 111111111111IIII1111111 �� 111111111111 �� 11111IIII101 3128395 11/20/2003 11:04A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk It Recorder 3- 5.5 • 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,providing it does not impair access or limit owners use or owners access to horse pasture. 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 a Temporary Construction Easement for the construction of a driveway. Owner agrees to Grant said Easements by using substantially the easement form attached herein. County agrees to reimburse the Owner the sum of Three Hundred Fifty and no/100 ($350.00) dollars for said easements. 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. -fiozyLe4 ice. Ry"ld L. o . , O- er Nanette L. Morris, Owner TAX ID NUMBER: TAX ID NUMBER: spy X—y%/f so? I- ,(1)6 _ 5O/ Page 2 of 3 Pages 11111111111 DELHI III 11111lIIIIIII 3128395 11/20/2003 11:04A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ATTEST: �� BOARD OF COUNTY COMMISSIONERS ated,'� EL OF WELD COUNTY, STATE OF COLORADO Weld County Clerk tot OM By: �.IA�►..�/i �'`I BY: Deputy Clerk to the Bo David E. Long, Chairm 11/ 3/2003 Page 3 of 3 Pages 1111111 VIII DU NI IIII 111111 111111 III VIII IIII IIII 3128395 11/20/2003 11:04A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4003_ 4. • EXHIBIT A LEGAL DESCRIPTION All that part of the Southeast One-Quarter of Section 36, Township 4 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado lying northerly of the North right-of-way line of the Great Western Railway Company of Colorado and easterly of a line being 70.00 feet westerly of and parallel to the East line of the Southeast One-Quarter of said Section 36. Said parcel contains 35 Sq. Ft., more or less. I RIM 0111 I I I 11111111 I I I 11111 1111 I I 11111 11111111 3128395 11/20/2003 11:04A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TEMPORARY CONSTRUCTION EASEMENT 396 THIS TEMPORARY CONSTRUCTION EASEMENT is between Ronald L. Morris and Nanette L. Morris, whose address is 18501 Weld County Road 13, Johnstown, Colorado 80534, 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. WITNESSETH: 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 the construction of a driveway as part of the improvements to Weld County Road ("WCR") 13, in and to, over, under and across the following described land: All that part of the Southeast One-Quarter of Section 36, Township 4 North, Range 68 West of the Sixth Principal Meridian, Weld County, Colorado lying North of the North right of way line of the Great Western Railway Company of Colorado and lying East of a line that is 170.00 feet Westerly of and parallel to the East line of the Southeast One-Quarter of said Section 36. Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said Temporary Construction Easement is subject to the following conditions and covenants: 1. The Temporary Construction Easement shall commence on September 1, 2003, and shall expire and be of no further force or effect on May 31, 2004 or the end of the road reconstruction and improvements to WCR 13, whichever is earlier. 2. During the term of the Temporary Construction 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, except for fencing suitable for horse pasture. 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. Grantee shall reimburse the Grantor the sum of Three Hundred Fifty and no/100 ($350.00) dollars for the Grant of this Easement. M:\Leon\Wcr 13-RR\te WCR 13-RR Morris.doc 1 111111 11111 Illl 1111111 IIII NIMBI III 11111 IIII I'll 3128396 11/20/2003 11:04A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder o?CC3-. • 5. Grantor shall remove the existing pipe archway that crosses the existing driveway. Grantee will reimburse the Grantor the sum of Seven Hundred Fifty and no/100 ($750.00) dollars for this removal. 6. Grantee shall be responsible for all reasonable costs and expenses for any other damages or injuries caused to any improvements upon the property caused by Grantee's use of the rights granted herein. 7. 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. 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 p'2 day of , 20Q Ro s 9(i d 1 Y�1�7 Nanette L. Morris GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST:44e COUNTY OF WELD, S TE OF COLORADO, GRANTEE itt!) Deputy Clerk to the 1i1 � , David E. Long, Chairman Board of County Commis ners 11/03/2003 M:\Leon\Wcr 13-RRUe WCR 13-RR Morris.doc AIM 11111 IIII 1111111 IIII 111111 IIIIII III 11111 IIII IIII 3128396 11/20/2003 11:04A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ack.)3-3055 (ita MEMORANDUM TO: Carol Harding Clerk to the Board DATE: October 28, 2003 C• COLORADO FROM: Frank B. Hempen, Jr. Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit these items for the Board's approval: Agreement and Temporary Construction Easement with Ronald L.and Nanette L.Morris for WCR 13 The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent I ) M:v W PFILES\FrancieAagendaleon-1.wpd 2003-3055 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Ronald L. Morris and Nanette L. Moths, whose address is 18501 Weld County Road 13, Johnstown, Colorado 80534,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. o ld . Morris, Owner Nanette L. Moths, Owner STATE OF COLORADO ) ) ss. COUN Y OFhenoe4 ) (� The foregoing instrument was acknowledged before me this / day of ,�eci/J , 2040,3, by Ronald L. Moths and Nanette L. Morris, Owners. Witness my hand and official seal. E RE/A/2 NN om; S�� Notary Publi �i biter)!, ission expires: 5//05-* 14's% T:°UBt.‘..PPP% ‘F OF OO' 7 Page 1 of 2 page 1 Iii!!!11111 III!11111111 III!11111111111 III 1111!IIII III! 1 :25P Weld Cunty, CO 1ot 1 S R10.00/20 0.00 003 2Steve Morenoo Clerk& Recorder 092)03-30 5.5 947 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 10th day of December , 2003 • ATTEST: iL4'4 COUNTY OF WELD, A BODY CLERK TO THE BOARD 4ta .� CORPORATE AND POLITIC OF THE COUNTY COMMISSI►nt t+,1,.fLk% STATE OF COLORADO THE COUNTY OF W FD� 7 . 't 1861 � yis2 al BY: UCo. 41— rt BY: Deputy Clerk to the ;y j Davi . Long, Chair, BOARD OF COUNTY CO SIONERS OF THE COUNTY OF ELD (Approved 11/03/2003 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 10thdayof December , 20 03,by David E. Long, Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. �PRY PUe. 2 Witness my hand and official se. t. SHARON lau A. KAH _ Uwe .. C My commission expires: My Cs:;r.:; siarr Bxptrc; -y 15,208 Page 2 of 2 pages HUM 1111 EMI I'll IIII DOB III IIIII 1111 Ilil 3138947 12/24/2003 12:25P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Qct3 3os5 EXHIBIT A LEGAL DESCRIPTION All that part of the Southeast One-Quarter of Section 36, Township 4 North,Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado lying northerly of the North right-of-way line of the Great Western Railway Company of Colorado and easterly of a line being 70.00 feet westerly of and parallel to the East line of the Southeast One-Quarter of said Section 36. Said parcel contains 35 Sq. Ft., more or less. 1111111 11111 IIII IIIIIIII IIII IIII 1111111 III VIII IIII IIII 3138947 12/24/2003 12:25P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 023--3O55 a MEMORANDUM . CTO: Esther Geisick, Clerk to the Board DATE : 12/5/2003 • COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Chair's Signature Please submit the enclosed item for the Chair's signature. Deed of Dedication and Acceptance with Ronald L. Morris and Nanette L. Morris (document no. 2003-3055) The appropriate documentation is enclosed. Enclosures pc: Leon Sievers M'.tfrancie\S ignutureltem.DOC ull2fO3 Hello