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Home My WebLink About970575.tiffRESOLUTION RE: APPROVE AGREEMENT TO PURCHASE RIGHT-OF-WAY FROM JIM AND NICOLE HILL AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY BRIDGE NO. 19.5/36B 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 to Purchase Right -of -Way 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 Jim and Nicole Hill, 17926 Weld County Road 19.5, Platteville, Colorado 80651, 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 to Purchase Right -of -Way 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 Jim and Nicole Hill 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 31st day of March, A.D., 1997. eputy Clerk t.7 he Board et 'to; %Lt BOARD OF COUNTY COMMISSIONERS WELDUNTY, COLORADO Geo4"g&E. Baxter, Chair nce L. Harbert r Dale K. Hall Barbara J. Kirkmeyer W. H. We6stdr If ) 4 970575 EG0036 AGREEMENT CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 19.5 BETWEEN JIM AND NICOLE HILL, OWNERS IN JOINT TENANCIES AND WELD COUNTY, COLORADO. THIS AGREEMENT is made this 1 day of (Wort h , 1997, by and between Jim and Nicole Hill, owners in joint tenancy, whose address is 17926 WCR 19.5, Platteville, Co, 80651, hereinafter referred to as "Owners," 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 the bridge on Weld County Road 19.5, which is Weld County Bridge No. 19.5/36B, and WHEREAS, Owners own the following described property: (See attached Exhibit A), and WHEREAS, County needs additional right-of-way in order to complete the said project, and WHEREAS, Owners wish to cooperate with County in said road improvement. KNOW, THEREFORE, the parties herein agree as follows: 1. Owners agree 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 $1,380.00. 2. Owners agree to grant the right-of-way to county by Deed of Dedication, in the form attached hereto as Exhibit B, free and clear of all encumbrances. 3. Owners agree to grant Temporary Construction Easements to County in the form attached hereto as Exhibit C. 4 County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 5. 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 agent or employees, hereto. This Page 1 of 3 Pages 2542627 B-1600 P-768 04/14/1997 08:59A PG 1 OF 9 REC DOC Weld County CO JA Suki tsukamoto Clerk & Recorder 0.00 O wer-wr- 3i.,sO Agreement embodies all agreements between the parties hereto and the are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 6. Although the date of the transfer of the Right -of -Way shall be the date of the delivery of the deed, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owners, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to pass and use all of the right-of-way for the purpose of construction, widening, and improvement of portion of said Weld County Road 19.5. 7. Owner warrants that he/she is the owner of the Right -of -Way and will defend title thereto against all claims. 8. The general property taxes for the year 1997 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. Owners represent and warrant that all general taxes levied prior to such year have been paid in full by owner. 9. Other conditions, terms or obligations: The "County" agrees to pay "Owner" cash payment for the loss of five small cottonwood trees located within said right-of-way described on Exhibit "A" for the total sum of $375.00. 10. After the bridge, construction is complete, a series of pins with "T" post (to mark pin locations) will be set along the north embankment of the St. Vrain Creek every 50 feet for a distance of 450 feet to show the "maximum expected erosion point." The first pin will be set on the east side of the large cottonwood tree located along the riverbank at the northeast corner of the bridge. Placement of the pins will continue on from this pin in a easterly direction. Over the next three years of "normal" spring run-off, as defined below, if the north embankment erodes by virtue of the washing action of the river for a distance greater than two feet measured from top of the embankment to the pins, the County will be obligated to rip -rap the area which is eroding. Any erosion less than this distance will be determined as normal erosion and will not require the application of rip -rap. This warranty extends only to erosion of the north embankment caused by run-off of up to 5,188 cfs, water height of 8.41 feet, as measured at Sta. No. 0673000 measuring box. (Said run-off being the highest run-off point which was measured on May 30, 1995, by the State of Colorado Division of Water Resources, office of the State Engineer.) Any run-off greater than the May 30, 1995, measurement will be determined as "above normal spring run-off' and will not result in the application of rip -rap by the County. Page 2 of 3 Pages 2542627 B-1600 P-768 04/14/1997 08:59A PG 2 OF 9 970575 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this I day of Wlctrc,'. , 19`t 1. JIM HILL OF COLORADO ) ) SS COUNTY OF WELD NICOLE HILL CQk The foregoing instrument was acknowledged before me this 21 day of 1997„bx.L-u Sx›t'le W Chess my. hand and official seal ;. Notary Public MY'tO4 sr?' ' 3 Fot.:?, 2;01 Tax ID # (if applicable): ATTESTi Weld Co' Ity Clerk Rdhe r''N Oj S By: Deputy Clerk to the Board 1 m:wpfiI es\dons\h i l l3. wp d BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: 4 elerA George E. axter, Chair (3/31/9 0 Page 3 of 3 Pages 2542627 B-1600 P-768 04/14/1997 08:59A PG 3 OF 9 970575 EXHIBIT A Jim and Nicole Hill Permanent Right -of -Way The part of the NW 1/4 of Section 3, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: beginning at the NW corner of said Section 3 and when considering the North line of said Section 3 as bearing S88°41'30"E with all other bearings relative thereto: thence S56 °37'47"E 1838.94 feet to the True Point of Beginning said point being on the current East right-of-way line of County Road 19.5; thence S21 °00'43"E 414.90 feet to a point on the Southern property line of a parcel of land described in Book 1551 at Page 913 of the Weld County Clerk and Recorder's's records; thence S76°06'30"W along said South property line 69.46 feet to a point on said East right-of-way line of County Road 19.5; thence along said East right-of-way line the following three courses and distances: N21 °47'55"W 35.69 feet; along the arc of a curve to the right whose radius is 916.97 feet and whose long chord bears S12° 16'30"E for a distance of 303.44 feet; NO2 °45'04"W 74.43 feet to the True Point of Beginning containing in all 0.46 acres more or less. m:\wpfiles\donsthilll.ds 2542627 B-1600 P-768 04/14/1997 08:59A PG 4 OF 9 970575 EXHIBIT B DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Jim and Nicole, owners in joint tenancy, being all the owners of the following described property in Weld County, Colorado, to -wit: (See attached Exhibit A) do hereby dedicate forever said property as public highway, pursuant to Colorado Revised statute 43-2-201 (1) (a), free and clear of all liens and encumbrances and warrants to title to the same. Jim and Nicole Hill BY: Hill STA N[1 COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 2 i day ofAy`�� 1997. Witness my hand and official seal. Notary Public My commission expires: (2., 'Zoo m:\wpYiles\dons\h it Ided 2542627 B-1600 P-768 04/14/1997 08:59A PG 5 OF 9 970575 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: That JIM AND NICOLE HILL, OWNERS IN JOINT TENANCY, Grantor, whose legal address is 17926 WCR 19.5, Platteville, Colorado, 80651, in consideration of ONE HUNDRED and 00/100 ($100.00) DOLLARS, in hand paid, and other good and valuable consideration, does hereby grant, bargain, sell and convey to THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through it's Board of County Commissioners, Grantee, a Temporary Easement for use during construction of road and bridge improvements, together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to, over, under and across the tract of land described as follows: See attached Exhibit "A", hereby made a part of the contract. 1. Said Temporary Easement shall commence on March 15, 1997, and shall expire and be no further force or effect on March 15, 1998. 2. During the term of this Temporary Easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structure which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Easement the Grantee covenants and agrees to restore said lands, landscaping, fences, or other improvements to a level comparable to their original condition and to pay Grantor the cost to reimburse any loss to growing crops resulting from the construction contemplated herein. 4. The parties hereto 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 or employees, hereto. 5. Grantor warrants that it has full and lawful authority to make the grant hereinabove contained, and promises and agrees to defend Grantee in the exercise of its rights hereunder against any defect in Owner's rights to make the grant hereinabove contained. 6. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and insure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. Page 1 of 2 Pages 2542627 B-1600 P-768 04/14/1997 08:59A PG 6 OF 9 970575 WITNESS my hand and seal on this a t day of Kara, , 1997. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this a day of iHgrcJ , 19 °C1 JIM HILL ( STAF COLORADO ) ) SS COUNTY OF WELD NICOLE HILL I Cole (O}vner) The foregoing instrument was acknowledged before me this L day of �ti� �(� , 1997, by S«, Plrkr_!i P_ Witness int. and and official seal mmission Expires Feb. 12, 2001 ATTEST: Weld County By: Deputy Clerk to the m:AwpIllesVdons\hilltemp.wpd Notary Public Tax ID # (if applicable): BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: Page 2 of 2 Pages George'. Baxter, Chair (3/.3//47/ 2542627 B-1600 P-768 04/14/1997 08:59A PG 7 OF 9 970575 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT Jim & Nicole Hill Construction Easement That part of the NW 1/4 of Section 3, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: beginning at the NW corner of said Section 3 and when considering the North line of said Section 3 as bearing S88°41'30"E with all other bearings relative thereto: thence S56°37'47"E 1838.94 feet to the True Point of Beginning said point being on the current East right-of-way line of County Road 19.5; thence S21 °00'43"E 414.90 feet to a point on the Southern property line of a parcel of land described in Book 1551 at Page 913 of the Weld County Clerk and Recorder's records; thence N76 °06'30"E along said Southern property line 10.08 feet; thence N21 °00'43"W 414.54 feet; thence NO2°45'04"W 307.63 feet; thence S87 °14'56"W 10.00 feet to a point on said East right-of-way line of County Road 19.5; thence S02 °45'04"E along said East right-of-way 309.24 feet to the True Point of Beginning containing in all 0.17 acres more or less. 2542627 B-1600 P-768 04/14/1997 08:59A PG 8 OF 9 970575 SECTION CORNER N WYE OF 5.3 T3N R67W N VB 587'14'56"W 10.00 FT. U- n N 0 n 5 0 0 in N Z TRUE POINT OF BEGINNING NO2'45'04"W, 74.43 FT. O 576 0.17 ACRES 0' 10 DESCRIBES PERMANENT RIGHT OF WAY 02 DESCRIBES TEMPORARY CONSTRUCTION EASEMENT p06 EL 2542627 B-1600 P-768 04/14/1997 08:59A PG 9 OF 9 JOB NO.: WEL19.5/36B SCALE: 1" =100' DATE: 2/12/97 JIM & NICOLE HILL WELD COUNTY, COLORADO DES'N BY: B. NATION ODOR ENGINEERING CHK BY: S.HAYNES HLA INC. SHT. NO. 970575 form W"9 (c:tober.198.3) v Department of the Treasury Internal Revenue SeMce Please complete this form and return to: Weld county Accounting ATTN: Payroll. Payer's Request for Taxpayer P.O. Box 758 Identification Number Greeley, CO 80632 Plops. pint et type Name as shown on account (if joint account,also give joint owner's name) 3 —O -r. CI IV,tLOLe (mil `1 Address nel2, 0 W C R City, Stale, and ZIP code PlOtALCLI1 \I ) CO g Dc495 I List account number(s) here (See Instructions) It PART 1. —Taxpayer Identification Number Enter the taxpayer identification number in the appropriate box. For most individual taxpayers, this is the social security number. Note: lf fhe account is in more than one name, see fhe chart on page 2 for guidelines on which number to give the payer. Social security number 5a4 0 0 4(013 OR Employer Identification number PART 11. —Backup Withholding On Accounts Opened After 12/31/83 Check the box if you are NOT subject.. to backup withholding under the provisions of section 34O6(a)(1 XC) of the Internal Revenue Code (See Highlight below.) Certlficatlon. Under the penalties of perjury, I certify that the information provided on this form is true, correct, and complete. Signature ► Instruction (Section references re to the ntemal Revenue Code.) Highlight for Interest or Divide d Acc unts Opened After 12/31/83 —Backup Withhold) You may be notified that you ale subject t • ' ck p withholding under section 3406(aX1XC) because you have un• • ed interest or dividends or you were required to but failed to file a return which would have included a reportable interest or dividend payment. If you have NOT been so notified, check the box ii, PART II. Note: Backup withholding may apply to existing accounts as well as accounts opened after December 31. 1983. Caution: There are other situations where you may be subject to backup withholding. Please read the instructions below carefully. • Purpose of Form Use this form to report the taxpayer identification number (TIN) of the record owner of the account to the payer (or broker) Beginning January1. 1984, payers must generally withhold 20% of taxable interest, dividend, and certain other payments it you lad to furnish payers with the correct taxpayer identification number (this is referred to as backup withholding). For most individual taxpayers, the taxpayer identification number is the social security number. To prevent backup withholding on these payments. be sure to notify payers of the correct taxpayer identification number and, for accounts you open after December 31. 1983. properly certify that you are not subject to backup withholding under section 3406(aX1XC). You may use this form to certify that the taxpayer identification number you are giving the payer is correct and. for accounts opened after December 31, 1983, that you are not subject to backup withholding. R the payer provides a different form than Form W9 to request the taxpayer identification number, please use it. Backup Withholding You are subject to backup withholding if: (1) You fail to furnish your taxpayer identification number to the payer. OR (2) The Internal Revenue Service notifies the payer that you furnished an incorrect taxpayer, identification number, OR (3) You are notified that you are subject to backup withholding (under section 3406(a)( I XC)). OR (4) For an interest or dividend account opened after December 31, 1983, you fail to certify to the payer that you are not subject to backup withholding under (3) above, or tad to certify your taxpayer identification numl,er. For payments other than interest or dividends, you are subject to backup withholding only d (I) or (2) above applies. (See the section on the back titled "Payees Exempt from Backup Withholding.") Payments of Interest, Dividends, and Patronage Dividends Accounts Opened Before January 1, 1984 To certify that the taxpayer identification number is correct for accounts opened before January 1. 1984. fill out your name and address. enter your account number(s) (it applicable). complete Part I. sign and date the form and return it to the payer. Accounts Opened After December 31, 1983 To certify that the taxpayer identification number is correct and that you are not subject to backup withholding under section 3406(a)( 1 XC) for accounts opened after December 31. 1983. fill out your name and address. enter your account number(s) (d applicable). complete Parts 1 and II, sign and date the form and return it to the payer. If you are subject to backup withholding and are merely providing your cor reel taxpayer identification number to the payer, fill out your name, address. enter your account number(%) (if applicable), and complete Part I. Other Payments II you are merely providing your correct taxpayer identification number to the payer for payments other than interest. dividends, and patronage dividends, you need not sign this form. Fill out your name and address, enter your account number(s) (if applicable), complete Part I and return the form to the payer. Account Numbers if you have more than one account with the same payer (for example- a savings account and a certificate of deposit at the same bank), the payer may request a separate Form W-9 for each account depending on how the payer's records are kept. What Number to Give the Payer Give the payer the social security number or employer identification number of the record owner of the account. If the account belongs to you as an individual, give your social security number. If the account is in more than one name or is not in the name of the actual owner, see the chart on page 2 for guidelines on which number to report. Obtaining a Number If you don't have a taxpayer identification number oryou don't know your number, obtain Form 55-5, Application lot Social Security Number Card. or Form SSA, Application for Employer Idenhtfclttonnumber althe local. office of the Social$ecurity.AdmmRtralmnA!..t48pt Servrce;-rr. and apply lot a number. Writef.applied1or number. When you get a numbee submit anew form a the Parer. 970575 fete; Willie COLORADO mEmORAnDU To From Subject: Clerk to the Board Don Somer, Utility Agent Agenda Item Date March 26, 1997 Please place the following item on the Board's next agenda for approval and the Chair's signature. Right -of -Way Purchase Agreement with Jim and Nicole Hill to rebuild and improve the bridge on Weld County Road 19.5. The appropriate documentation is attached. cc: Drew Scheltinga, County Engineer Bridge file 19.5/36B m:wpIles\engineer \agenda I 970575 mgt Hello