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Home My WebLink About20011334.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 62 AND AUTHORIZE CHAIR TO SIGN - KENNETH AND KATHLEEN SCHRAEDER 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 Property for Certain Improvements to Weld County Road 62 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 Kenneth and Kathleen Schraeder, 7205 Weld County Road 62, Windsor, Colorado 80550, 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 Purchase of Property for Certain Improvements to Weld County Roads 62 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 Kenneth and Kathleen Schraeder be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2001. BOARD OF COUNTY COMMISSIONERS �.� WELD� CO TY, COLORADO ATTEST: jj4 / ��!/, .Le`�� / Id& M. J. Geile, Chair Weld County Clerk to y:sB. '. 's� 0., EXCUSED Glenn Vaad, Pro-Tem BY: Deputy Clerk to the Boo -2' / V.A (- Will H. Jerke APPROVE AS TO RM: (=Ai Ell:\cL vi E. Long iinty tt eye Robert D. Maslen 2001-1334 ,ne ' Pk)) ,46,P/ EG0041 c a,\ AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 62 BETWEEN KENNETH SCHRAEDER AND KATHLEEN SCHRAEDER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this '1't' day of (' K'( ,2001,by and between Kenneth Schraeder and Kathleen Schraeder, whose address is 7205 Weld County Road 62, Windsor, Colorado 80550, 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, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 62, and WHEREAS,Owner owns the property described in the attached Exhibit,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,attached hereto and hereinafter referred to herein as the"Right- of-Way" for the sum of Thirteen Hundred Fifteen and no/100 ($1,315.00) 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. 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 Page 1 of 3 Pages 111111111111111111111111111 11111111111II111111III11111 /33V 2856039 06/08/2001 04:32P JA Suki Tsukamoto 1 of 5 R 0.00 D 0.00 Weld County CO 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 2001 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 execute a utility easement, for the benefit of Poudre Valley Rural Electric Association, Inc. Said easement will be 10 feet in width and located immediately north of and adjacent to the new right of way, and described as AN UNDERGROUND UTILITY EASEMENT, 10 FEET WIDE,5 FEET EACH SIDE OF POWER LINE AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER # 34081. The easement is for the construction and maintenance of an underground electric line that is being moved to allow for road improvements. The County agrees to pay the Owner the sum of Three Hundred dollars($300.00)for this easement. 9. County agrees to remove the fence from the existing right of way and furnish and install a new four strand smooth wire fence with wooden posts along the new right of way. Wooden post spacing to be equal to the existing spacing. Owner to maintain new fence. 10. County agrees to remove the two existing driveways and construct one standard width access drive within the same location of the existing driveways. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs,executors,administrators,successors,and assigns of the respective parties hereto. Page 2 of 3 Pages 1 IIIIII 111111111111 III 11111 11111111111111111111 IIII IIII 2856039 06/08/2001 04:32P JA Suki Tsukamoto 2 of 5 R 0.00 D 0.00 Weld County CO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER:® �Q OWNER: WN Kenneth D. Schraeder Kathleen M. Schraeder Tax ID # `52 I- 81-3/y6 Tax ID # BOARD OF COUNTY COMMISSIONERS Za OF WELD COUNTY, STATE OF COLORADO ATTEST: '/ r �, ,� Weld County Clerk to th-!',oa'. ,ipv:• 1861 (' ervitv.� By: _�.� ,12 4n Ste" BY: DA/ Deputy Clerk to the B M. J. Geile, Chairman �� (05/21/2001) Page 3 of 3 Pages 1111111 11111 1111111 III 11111 1111111 111 11111 1111 1111 2856039 06108/2001 n n 4:32P JA Suki County T ukamoto n SOUT WEST QUARTER SCHRADER PROPERTY EXHIBIT SECTION H32, T.6N., R.67W. re wn z � Etci O o r z ce to 200 100 0 200 W F H < - Q N D to OZ 1 "= 200' t O H H D O Ow � u) N N a a N N f0 IS Cn.C., R. N Z 4 w W CD • U_ o 3 O n N M ("Ni 05 My O> SNI a) m_. CO OD co °) - 19. ' 30.07' . a Is o N04'36'59"W U w p N o U N r'7 o ro N 1-1 m to oo (0 z N W 0 b N SOUTHWEST CORNER SEC. 32, T.5N., R.67W. 0) M 3 M N0 Q 0) 0) Z W (4) CO CO Z 3 ZCd N V) Z n o " `° DETAIL � oZ in cdz w � o zzZ 1" = 30' H O (.0O Qi•Nj -�' z o )- w -alp m D )n- d 1- N W nn H O -J M j 1...i O ZH VW F 'arn De = OZ v W or HI= o Z 7 O a Ow o � w L� 4 __±" cn N04' 2697.52' D� .f: t4$o•••• ;';!; / 1111111111111111111 III III1111111111111111111111l111IIII es ••••••• , 2856039 06/08/2001 04:32P JA Suki Tsukamoto ��N`"LANO_ 4 of 5 R 0.00 D 0.00 Weld County CO OO KING SURVEYORS, INC. PROJECT NO: 99382 _� 9299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 1/25/01 PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: WELD COUNTY WWW.KINGSURVEYORS.COM DWG: 99382row—o.dwg PROPERTY DESCRIPTION Schrader Property A parcel of land being part of Lot "A"of Recorded Exemption 0807-32-3-RE 1415 as recorded July 10, 1992 in Book 1342 as Reception Number 02294979 of the records of the Weld County Clerk and Recorder (WCCR) and part of the Southwest Quarter (SW1/4) of Section Thirty-two (32), Township Six North (T.6N.), Range Sixty-seven West(R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Southwest Corner of said Section 32 and assuming the South line of said SW1/4 as bearing North 89°23'27" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2740.52 with all other bearings contained herein relative thereto. From said point the West Quarter Corner of said Section 32 bears North 04°36'59" West a distance of 2697.52 feet: THENCE North 89°23'27" East along said South line a distance of 30.07 feet to the intersection with the Easterly Right-Of-Way (ROW) line of Weld County Road#15 (WCR#15); THENCE North 04°36'59" West along said Easterly ROW line a distance of 30.07 feet to the intersection with the Northerly ROW line of Weld County Road #62 (WCR#62). Said point being the TRUE POINT OF BEGINNING: THENCE continuing North 04°36'59" West along said Easterly ROW line a distance of 19.61 feet; THENCE South 89°39'10" East a distance of 1171.99 feet to the Northerly ROW line of said WCR #62; THENCE South 89°23'27" West along said Northerly ROW line a distance of 1170.46 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 0.263 Acres, more or less (±) and is subject to any rights-of- way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. Charles B. Jones := 2098 ,Z 7, 2,0/ Colorado Registered P is fosjonal • qij Land Surveyor #22098 t1tt14gt**ANp r KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 98832 (March 27, 2001) (File: schr-a.txt) 111111111111111111 11111 11111111111 111 11111 IIII IIII 2856039 06/08/2001 04:32P JA Suki Tsukamoto 5 of 5 R 0.00 D 0.00 Weld County CO tont,\ ,4oti . A MEMORANDUM wiipC. DATE: Ma 14 2001 COLORADO To: clerk to the Board May FROM: Frank B. Hempen, Jr., Director of Public Wor /County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Purchase Agreement ofRight-of-Way for Certain Improvements to Weld County Road 62 between Kenneth Schraeder and Kathleen Schraeder The appropriate documentation is attached. v;1 i . 1-11 1 ._ JS_, D Enclosures 2001-1334 )6M POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that X ✓2NNE`1'U' D. Sc+-I rzgaoEc /1,va KATNc.Ct<'AJ M • Sc.Gs2F+t:DEP. [Print full name(s) (single,joint, partnership, corporation, incorporated ass'n)j is (are) the owner(s) of record and for a good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby grant unto Poudre Valley Rural Electric Association, Inc., (Association) a Colorado Corporation, whose post office address is Fort Collins, Colorado, and to its successors and assigns, a perpetual right-of-way easement upon these particularly described lands of the undersigned: AN UNDERGROUND UTILITY EASEMENT 10 FEET WIDE, 5 FEET EACH SIDE OF POWER LINE AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER # 34081 RECEPTION NO. : X ©ZZ9G, Z / County WELD Book X , Page X , Section X .32. ,Township 6 N, Range 67 W, for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining, and extending from time to time an overhead and/or underground electric line or system, including, but not limited to, poles, towers, fixtures, conductors, guy wires, cables, conduits, vaults, transformers, pads, and enclosures, on, over or under the above-described lands; And for the purposes of cutting, mowing, trimming, or controlling by chemical means, from time to time, trees, bushes and shrubbery located within feet of the centerline of said line or system and to cut down all dead, weak, leaning or dangerous trees or limbs in or adjacent to the right-of way as may, in the opinion of the Association, otherwise endanger the lines or other facilities of the Association. The undersigned agrees to keep the area within 5 feet of the centerline of said underground or overhead electric line or system clear of buildings, structures, piles of earth, rubbish, debris or other substances or materials, and to permit or otherwise agree to the easement and joint use occupancy of other lines or systems; And grants the Association the right of access for ingress and egress over the lands above-described and the right to use the roads or trails, whether public, private or dedicated , to install, maintain and use gates and fences presently installed or as may be installed from time to time: And further agrees that all facilities installed by or for the Association shall remain the property of the Association, removable at the option of the Association. And shall not grant any other easement right-of-way, permit or license upon, under or over said property without the written consent of the Association. The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. The undersigned warrants that(s)he is (they are)the owner(s) in fee of the above described lands and will defend the title thereto against all claims, and that said lands are free and clear of encumbrances and liens of whatsoever character except the following: MORTGAGE COMPANY NAME: X X IN WITNESS WHEREOF the undersigned has set his hand and seal this /7'`-` day of dunc , 2001 X (Owner) �' � ~< crt6e9 /�GU ,xe�elti X (Owner) (4?."- -1 04 .Q.o Lan, Sn 1I Xiv2X1C - X (Owner) X (Owner) STATE OF COLORADO ss: COUNTY OF WE- L D X The foregoing instrument was acknowledged before me this I 77i9 day of 3 u uF 2001 , by(OWNERS OF RECORD NAME(S) XaNNE'TN 0. SLMRAE46K R.vA 1<f 1- It tseAJ M. ScH 2pu Osg S EWID K. KELLEY K Q.. My Commission Expires: I z - c s 0 2. NOTARY PUBLIC, STATE OF COLORADO Notary Public(NAME) O` WORK ORDER # 34081 JRT LOC.# HBO 11111 II'lll1 III 11111 11111 VIII// III 11111 it /III 2859299 06/21/2001 12:46? JA Suki Tsukamoto 1 of 1 R 0.00 D 0.00 Weld County CO MEMORANDUM CTO: Clerk to the Board DATE: June 18, 2001 • 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: Dedicate property as parts of a public highway, for Kenneth D. and Kathleen M. Schraeder_ The appropriate documentation is attached. Enclosures ,2isoi -- /53/ DEED OF DEDICATION l O KNOW ALL MEN BY THESE PRESENTS that Kenneth D. Schraeder and Kathleen M. Schraeder, whose address is 7205 Weld County Road 62, Windsor, Colorado, 80550, being all of the owners of certain property in Weld County,Colorado, which is described in the attached Exhibit, 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. Kenneth D. Schraeder, Owner Cathleen M. Schraeder, Owner STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this VI day of JUNE 20o1 , by Kenneth D. Schraeder and Kathleen M. Schraeder, Owners. DAVID K. KELLEY K NOTARY PUBLIC, STATE OF COLORADO Notary Public y commission expires: , Z - oS- 02- 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 �225tth day of June , 20 01 ATTEST: iat,H"11 /*$? 7 COUNTY OF WELD, A BODY CLERK TO THE BOA' :�^ / CORPORATE AND POLITIC OF THE COUNTY COMMISSI4E' i = STATE OF COLORADO THE COUNTY OF W (D �� I` 1861 It41,44*•'BY: Yi BY: 41.61,e, Deputy Clerk to the�►� i�j \ M. J Geile, Chair, (06/25/2001) ��►� BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) .. The foregoing instrum= 4.. ckn. • ,_. before me this25th day of June 20 01,by M.J.Geile,Chair, :.:1 �' I • • I OMMISSIONERS OF THE COUNTY OF WELD. EC�HLE• • Witness my hand and ', fic . MyCewlules&pLa April 1QY007 Notary Public My commission expires: 11111111111111111111111111111 III 1111111 111 1111111111111 2872160 08/06/2001 02:17P JA Suki Tsukamoto 1 of 3 R 0.00 D 0.00 Weld County CO orc i33Si PROPERTY DESCRIPTION Schrader Property A parcel of land being part of Lot "A" of Recorded Exemption 0807-32-3-RE 1415 as recorded July 10, 1992 in Book 1342 as Reception Number 02294979 of the records of the Weld County Clerk and Recorder(WCCR) and part of the Southwest Quarter(SW 1/4) of Section Thirty-two (32), Township Six North (T.6N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Southwest Corner of said Section 32 and assuming the South line of said SWI/4 I/4 as bearing North 89°23'27" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2740.52 with all other bearings contained herein relative thereto. From said point the West Quarter Corner of said Section 32 bears North 04°36'59" West a distance of 2697.52 feet: THENCE North 89°23'27" East along said South line a distance of 30.07 feet to the intersection with the Easterly Right-Of-Way (ROW) line of Weld County Road#15 (WCR#15); THENCE North 04°36'59" West along said Easterly ROW line a distance of 30.07 feet to the intersection with the Northerly ROW line of Weld County Road #62 (WCR#62). Said point being the TRUE POINT OF BEGINNING: THENCE continuing North 04°36'59" West along said Easterly ROW line a distance of 19.61 feet; THENCE South 89°39'10" East a distance of 1171.99 feet to the Northerly ROW line of said WCR #62; THENCE South 89°23'27" West along said Northerly ROW line a distance of 1170.46 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 0.263 Acres, more or less (±) and is subject to any rights-of- way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. Charles B. Jones ' 21O7 Colorado Registered P i `-•�l•n. "at r Land Surveyor #22098 IIIt'" '4L�An gJ KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 98832 (March 27, 2001) (File: schr-a.txt) 1111111111111111111111111111 III Ill III 11111 IIII IIII 2872160 08/06/2001 02:17P JA Suki Tsukamoto 2 of 3 R 0.00 D 0.00 Weld County CO SCHRADER PROPERTY EXHIBIT SOUTHWEST QUARTER SECTIION32, T.6NAR67W. al3 w � 0 o Z a Io 200 100 0 200 Lx _ a N O Z z 111= 200' I0 H Do O U O w VI N N to O N N ffpp OI . UI OI O Z R• N. E a w W CO • 3 D O 0) N UI f7 ' 01 m co OD CA rn a 19. ' 30.07' N R- ci w N04'36'59"W o o o N M o h N -H m M (O z Z NI w �+ o O SOUTHWEST CORNER SEC. 32, T.5N., R.67W. 3 In rn M N a re rn m z w'p co co z N zf In N z ix 5 to W DETAIL OZ m o' o w � 0 zz 1" = 30' I- ¢ M 3 z o � w m O m OZ a F cV O -J tO r w (fi h'l o V�i1IU Zr V m D Z F 3 U w cp. t" O O Z 0 U a OW w N / I �_ NO4' 2697.52' Ivy w4 14 1111111111111111111 VIII III 1111111 III 11111 IIII IIII al •• ' •' ' 2872160 08/06/2001 02:17P JA Suki Tsukamoto 1'1��44t LAND Sr 3 of 3 R 0.00 D 0.00 Weld County CO XING SURVEYORS, INC. PROJECT NO: 99382 _� 9299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 1/25/01 uo / PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: WELD COUNTY WWW.KINGSURVEYORS.COM DWG: 99382row—a.dwg Hello