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Home My WebLink About20030464.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 - EDWARD HEMPLE 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 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 Edward Hemple Estate, do Joan Brehon, 14653 Weld County Road 64, Greeley, Colorado 80631, 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 Edward Hemple Estate, do Joan Brehon, 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 W OU reOIRAD ATTEST:M �— eP La David E. Lon , Chair Weld County Clerk t.(l e : r,,' . t awr 'MI •, 1/49•� ,�✓ / n %.', ;•` Robert D. asden, Pro-Tem BY: Deputy Clerk to t ��' '� M. J. eile APP AS T M: 714 % i//w ' � William H. Jer Coun�ty At ey Genn aad Date of signature: a7'S 2003-0464 EG0047 AGREEMENT 929 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39 BETWEEN EDWARD HEMPLE ESTATE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 2 day of `1,j . ,2003,by and between Edward Hemple Estate, Joan Brehon Personal Representative, whose address is 14653 Weld County Road 64, Greeley, Colorado 80631, 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 the intersection at Weld County Road 39 and 44, 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 One Thousand and no/100 ($1000.00) 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. Initial 9 6_ d Page 1 of 3 Pages 11111111111111111111111111111 I I 11111111 I I 1111111111 I B 3036929 02/27/2003 05:03P Weld County, CO 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 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 60 feet of fence from the existing right of way line and place a new fence on the new right of way line. Said fence will be a 4 strand barbed wire fence with wood and steel fence posts. 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. Initial Page 2 of 3 Pages I Illlll VIII IIIIIII VIII I'I'I III IIIIIII III I'll' Illl IIII 3036929 02/27/2003 05:03P Weld County, CO 2 of 3 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: EDWAR)JI PLE ‘,K tit Joan Brehon, Personal Respresentative TAX ID NUMBER: Li -c,2Y7s7W ATTEST: 1�� ' 4a' BOARD OF COUNTY COMMISSIONERS /�� ► 4Q OF WELD COUNTY, STATE OF ' ��f�a COLORADO Weld County Clerk to t ' o By: G BY: Deputy Clerk to the o 'p David E. Long, Chairma Page 3 of 3 Pages HRH 11111111111111111111131111111 �� 11111 �� 3036929 02/27/2003 05:03P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder _9rv1 _Ac MU ` a MEMORANDUM CTO: Clerk to the Board DATE: February 12, 2003 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer 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 Edward Hemple Estate The appropriate documentation is attached. Enclosures 51 c;i pc: Leon Sievers, Right-of-Way Agent D ro Li no M:1 W PEILES\FrancieAAGEN DA-I.wpd 2003-0464 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 31st day of March , 20 03 . ATTEST: COUNTY OF WELD, A BODY CLERK TO THE BOA tit Jas j) CORPORATE AND POLITIC OF THE COUNTY COMMISS C► w 'r: s J�� STATE OF COLORADO THE COUNTY OF 1861 I " BY: /x ��s { �ri �I BY: aTh Deputy Clerk to the Boar r David . Long, Chair, (0 / 1/2003) BOARD OF COUNTY CO SSIONERS OF THE COUNTY OF LD (Approved 02/19/2003) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 31st day of March , 2003 , by David E. Long, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. URY Witness my hand and official seal D PUeci SHARON K ° of . is 9�OF O.-O.P My commission expires: My Commission Expires May r5,zoos w3-oyGN EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Northwest One-Quarter of Section 20, Township 4 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Northwest corner of said Section 20, from whence the North Quarter corner of said Section 20 bears N89°17'54"E, with all bearings contained herein relative thereto; thence S45°08'02"E a distance of 42.01 feet to the South right of way line of Weld County road 44 and the POINT OF BEGINNING; thence N89°17'54"E along said South line a distance of 40.00 feet; thence S44°51'58"W a distance of 57.13 feet to the East right of way line of Weld County road 39; thence N00°26'03"E along said East line a distance of 40.00 feet to the POINT OF BEGINNING and containing 800 square feet(0.018 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 survey information provided by Alles and Associates, Inc., 428 N. 2nd Street, LaSalle, Colorado 80645 EXHIBIT MAP A N1/4 Cor NW Cor Sec 20-4-65 Sec 20-4-65 N89'17'54"E S45'08'02"E 42.01' 30' EXISTING ROW N89'17'54"E 40.00' y1. d o ,y0 3 N ebb o N 30' EXISTING ROW W1/4 Cor Sec 20-4-65 JL 1� �r 0 15 30 60 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT STREET l‘/S DEsicx WELD COUNTY ROAD 39/44 DEED 1 1 DESCRIPTION DATE JANUARY 24, 2003 EXHIBIT MAP DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Edward Hemple Estate, Joan Brehon, Personal Representative, whose address is 14653 Weld County Road 64, Greeley, Colorado 80631, 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. 67/oo / Edward Hemple Estate, Owner t Joan Brehon, Personal Representative STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 0'1-1Lsiay of \\(\c,,,-cc , 200, by Joan Brehon, Personal Representative of the Edward Hemple Estate. Witness my hand and official seal. Notary Public My commission expires: MY COMMISSION EXPIRES; 11-30-2006 Page 1 of 2 pages Kita MEMORANDUM CTO: Clerk to the Board DATE: March 25, 2003 • COLORADO FROM: Drew Scheltinga, Engineering Division Manager - 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 the intersection of WCR 39 and WCR 44 with the Edward Hemple Estate, Joan Brehon, Personal Representative. The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\SIGNATURE.wpd 1003oy(av Hello