HomeMy WebLinkAbout20030686.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 -WILLIAM PEDERSEN ESTATE
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 the William Pedersen Estate,
do Melody Contreraz, personal representative, Route 2, Box 59, Merino, Colorado 80741, 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 the William Pedersen Estate, 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 17th day of March, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUS, C LO DO
ATTEST: g0`
Fill
� vid E. Lo g, Chair
Weld County Clerk to the Board " '
Robert D. Masden, Pro-Tem
BY: sF
Deputy Clerk to the Bo rd `,!r 1 EXCUSED
M. J. Geile
AP D AS TO -!" •
EXCUSED DATE OF SIGNING (AYE)
William Jerke
o my 'ttorn•y Jai? efiel.2
g Glenn Vaad
Date of signature: �
2003-0686
EG0047
(6 ,' (; t
AGREEMENT
069 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 149 BETWEEN WILLIAM PEDERSEN ESTATE, AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this / day of A/jC„��!2003,by and between William
Pedersen Estate, Melody Contreraz Personal Representative, whose address is Route 2, Box 59,
Merino, Colorado 80741, 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 10`h 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 Fourteen Hundred Thirty Seven and no/100
($1437.00) 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,signed by
the Personal Representative, 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.
Pan 1 of 3 Pages
1 111111 11111111111111 11111111 1111111111 III 11111 IIII IIII
3046069 03/27/2003 02:33P Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 06FiC
�3-
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 3870 feet of the existing fence along the west
property line and replace the fence on the new road right of way line with a 4 strand
barbed wire fence with wood and steel fence posts.
9. County will construct two field entrances 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
HBO VIII1111111II11111111VIIIVIII IIIVIIIIIIIIIII
3046069 03/27/2003 02:33P Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
WILLIAM PEDERSEN ESTATE
9
Melody Cod a az, Personal resentative
TAX ID NUMBER:
ATTEST: ��� ��`/V BOARD OF COUNTY COMMISSIONERS
7 OF WELD COUNTY, STATE OF
�� COLORADO
Weld County Clerk to th gi
BY: BY:
Deputy Clerk to the Bo David E. Long, Chairm
(5O-112W9
Page 3 of 3 Pages
11111111111111111111111111111111111111MIN MI MI
3046069 03/27/2003 02:33P Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,20c.)3 ?to
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the West One-Half of Section 4, Township 7 North, Range 56 West
of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows:
Commencing at the Northwest corner of said Section 4, from whence the East Quarter corner of
said Section 4 bears S00°10'05"W with all bearing contained herein relative thereto; thence
N00°10'05"W a distance of 50.00 feet to a point on the North right of way line of Highway#14;
thence S89°51'27"E along said right of way line a distance of 30.00 feet to a the east right of
way line of Weld County road 149 and the POINT OF BEGINNING; thence S00°10'05"W
along said right of way line a distance of 2621.Olfeet; thence S01°06'43"W a distance of
1254.04 feet; thence S88°53'17"E a distance of 20.00 feet; thence N01°06'43"E a distance of
1254.46 feet; thence N00°10'05"E a distance of 1547.33 feet; thence N04°32'25"E a distance of
196.67 feet; thence N00°10'05"E a distance of 282.95 feet; thence N15°27'09"E a distance of
322.44 feet; thence N00°10'05"E a distance of 283.56 feet to the south right of way line of
Highway#14; thence N89°51'27"W along said south line a distance of 120.00 feet to the POINT
OF BEGINNING
EXCEPT
All that part of the above described parcel that is presently located within the right of way of the
Burlington Northern Railroad, now abandoned.
The above described parcel contains 2.874 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.
1111111 11111 111111 11 11111 11111I I 111111 1111
V I I I
3046069 03/27/2003 02:33P Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
NW Cor HJCHIPAY #14
See 4-7-56 589'51'27"E 120.00'
S89'51'27"E 30.0.00'
N00'I0'05"E
283.56'
NAP N13'2.44'
500'10'5"W 322.x/'
2621.01'
NOO.10'05"E
282.95'
J
R] �—N04'32'25"E
r 196.67'
I
EXISTING 60'
0 250 500 1000 RIGHT OF WAY
�—NO0'10'05"E
1547.33'
W1/4 Cor
Sae 4-7-56
501'06'43"W
1254.04'
gG�`'y0704, N01'06'43"E
NORT 1254.46'
$ed?y
1 11111111111111111111111 I1I 11111 l lit Il l kil *044,
X4.6.
3046069 03/27/2003 02.33P Weld County, CO O0
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk&Recorder
588'53'17"E
20.00'
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO SW Cor
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. Sat 4-7-56
WELD COUNTY PUBLIC WORKS DEPARTMENT
SWVEY LVS
DESIGN WELD COUNTY ROAD 149 DEED 1 1
DRAWN DESCRIPTION 1 1
DATE JANUARY 13, 21103 EXHIBIT MAP
a
MEMORANDUL.M- . ry.
51
TO: Clerk to the Board DATE: March 10, 2003
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engine
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 WCR 149 with William Pedersen Estate.
The appropriate documentation is enclosed
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\WPFILES\Francie\AGENDA-2.wpd
2003-0686
805
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that William Pedersen Estate, Melody
Contreraz, Personal Representative, whose address is Route 2, Box 59, Merino, Colorado 80741,
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.
Me ody C reraz, Perso Representative
William Pedersen Estate
STATE OF COLORADO )
) ss.
COUNTY OF /770
\D
The foregoing instrument was acknowledged before me this 2 c day of
\1P r.L , 20O3, by Melody Contreraz, Personal Representative of the William
Pedersen Estate
Witness niy hand and official seal.
. r. .( n
.,, •,• Notary Public
.'""Mycommission expires: N.\ zz I o s
Page 1 of 2 pages
HMI IIIIIII IIII IIII MOH VIII III 11111 IIII IIII
3059805 05/06/2003 02:11P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 0,2012_o6gb
•
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 30th day of April , 20 03 .
ATTEST: MOB;,..` COUNTY OF WELD, A BODY
CLERK TO THE BOARD �f\\ 1 . La� CORPORATE AND POLITIC OF THE
COUNTY COMMISSIO r • r % STATE OF COLORADO
THE COUNTY OF WE
BY: . 6 BY:
Deputy Clerk to the Board David E. Long, Chair, (0 / 0/2003)
BOARD OF COUNTY CO SSIONERS
OF THE COUNTY OF LD
(Approved 03/17/2003)
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 30th day of
April , 2003 , by David E. Long, Chair, BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF -.._Si
APC-
moo :
Witness my hand and official se. r SHARON
KAHL I
9 OFc0� ,• r.,blic
My commission expires: My Commission Expires May 15,2006
Paee 2 of 2 page
� 11111 11111 111111 1111 1111 1111111 111 11111 It 1111
3059805 05/06/2003 02:11P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a,4j GGe6
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the West One-Half of Section 4, Township 7 North, Range 56 West
of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows:
Commencing at the Northwest corner of said Section 4, from whence the East Quarter corner of
said Section 4 bears S00°10'05"W with all bearing contained herein relative thereto; thence
N00°10'05"W a distance of 50.00 feet to a point on the North right of way line of Highway#14;
thence S89°51'27"E along said right of way line a distance of 30.00 feet to a the east right of
way line of Weld County road 149 and the POINT OF BEGINNING; thence S00°10'05"W
along said right of way line a distance of 2621.01 feet; thence S01°06'43"W a distance of
1254.04 feet; thence S88°53'17"E a distance of 20.00 feet; thence N01°06'43"E a distance of
1254.46 feet; thence N00°10'05"E a distance of 1547.33 feet; thence N04°32'25"E a distance of
196.67 feet; thence N00°10'05"E a distance of 282.95 feet; thence N15°27'09"E a distance of
322.44 feet; thence N00°10'05"E a distance of 283.56 feet to the south right of way line of
Highway#14; thence N89°51'27"W along said south line a distance of 120.00 feet to the POINT
OF BEGINNING
EXCEPT
All that part of the above described parcel that is presently located within the right of way of the
Burlington Northern Railroad, now abandoned.
The above described parcel contains 2.874 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.
111111111111111111 11111111 41111 11111I I 111111 111111
3059805 05/06/2003 02:11P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
,20-63-0(44,
� I
NW co. H/CAMAY #14
XIII T� T See 4-7-56 589'51'27"E 120.00'
/L//7 I /Ll/�J 1 , 500 10'05"W 50.00'—1-�
589'51'27"E 30,00'
NOO'10'05'E
M e P A 283.56'
L 1 /N15'27'09"E
500'10'5"W 322.44'
2621.01'
-1—N00'10'05"E
282.95'
JL
'4—N04'32'25"E
196.67'
EXISTING 60'
0 250 500 1000 RIGHT OF WAY'
V
ieeINa
'1—N00'10'05"E
1547.33'
W1/4 Cor
Sec 4-7-56 1p
SO1'06'43"W"
1254.04'
"`'yC�O^. me—N01'06'43"E
NpOT 1254.46'
k
111111111111111111111II IIII 111111111111 III IIIII IIII IIII :iiiiiiiiiiiii??r4 .iiiiiii:
3059805 05/06/2003 02:11P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
588'53'17"E
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 20.00'
LAND SURVEY OR LAND SURVEY PUT. IT IS INTENDED TO SW Cor
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. Sec 4-7-56
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LWS
DESIGN WELD COUNTY ROAD 149 DEED
DRAWN DESCRIPTION 1 °E 1
DATE JAMIARY 13, 2003 EXHIBIT MAP
a
MEMORANDUM
WI I DC TO: Clerk to the Board DATE : April 24, 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:
Deed of Dedication and Acceptance Certain Improvements to WCR149 with the William
Pedersen Estate, Melody Contreraz, Personal Representative.
The appropriate documentation is enclosed
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:TRANCE\AGENDA-4_DOC
Hello