HomeMy WebLinkAbout961039.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING IMPROVEMENTS TO WELD COUNTY
ROAD 27.5 WITH LOUIS EVANS SPOMER, AKA LOUIS E. SPOMER, ELIZABETH
CRAVEN ELLS, FORMERLY ELIZABETH CRAVEN SPOMER, ELIZABETH LOUISE
SPOMER MAYNARD, AND ERIC LOUIS SPOMER AND AUTHORIZE CHAIR TO SIGN
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 Improvements
to Weld County Road 27.5 among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Weld County Public Works
Department, and Louis Evans Spomer, aka Louis E. Spomer, Elizabeth Craven Ells, formerly
Elizabeth Craven Spomer, Elizabeth Louise Spomer Maynard, and Eric Louis Spomer, 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 Improvements to Weld County Road 27.5 among
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Public Works Department, and Louis Evans Spomer,
aka Louis E. Spomer, Elizabeth Craven Ells, formerly Elizabeth Craven Spomer, Elizabeth Louise
Spomer Maynard, and Eric Louis Spomer 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 12th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WflUNTY7L, 2A ;
O4E la kdn ,1 j' �gh
Ba banal. Kirkmeyer, air
1861 fit"5'� �.• �� ty Clerk to the Board
Ct r
® �®9 . Baxter Pro-T m
Deputy Cler 3 o the Board
Dale K. Hall
APP D AS F RM: ,<, i�r� l� [���►2.�G�
Constance L. Harbert
m IV /Attorn ` .1/ ./ � I /,11)J ��/ ? N
W. H. Webster
dd . tr_ Svamecefa), . 961039
EG0035
AK2 µ97S39
rev. 08 MAY 96
AGREEMENT
CONCERNING IMPROVEMENTS TO COUNTY ROAD #27 1/2 BETWEEN LOUIS EVANS
SPOMER AKA LOUIS E. SPOMER, ELIZABETH CRAVEN ELLS FORMERLY
ELIZABETH CRAVEN SPOMER, ELIZABETH LOUISE SPOMER MAYNARD AND ERIC
LOUIS SPOMER AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this �jm -- day of }M _2, 1996 by
and between LOUIS EVANS SPOMER AKA LOUIS E. OMER, ELIZABETH
CRAVEN ELLS FORMERLY ELIZABETH CRAVEN SPOMER, ELIZABETH LOUISE
SPOMER MAYNARD AND ERIC LOUIS SPOMER, whose address is C/O Agri
Affiliates, Inc . , P. O. Box 368 , Ft . Morgan, Colorado 80701,
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
County Road 27 1/2 , which is Weld County Project No. 9141, 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 .
NOW, 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 TWENTY THOUSAND and
00/100' s DOLLARS ($20, 000 . 00) . This sum includes full
and final compensation for any and all damages to the
subject property and adjacent properties currently owned
by Owners, including but not limited to the replacement
of trees and relocation of irrigation facilities .
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 . County agrees to pay the costs of title insurance and
recording fees, if necessary as determined by County.
4 . County agrees to recognize that the approximate
triangular parcel of the Owners' property that will be
severed from the balance of the Owners' property by the
new right-of-way being conveyed herein will be recognized
2497539 B-1552 P-1215 06/20/96 04:13P PG 1 OF 11 REC DOC
Weld County CO Clerk & Recorder 0.00
961039
as a separate parcel that can be sold separately without
the requirement of a recorded exemption process or any
similar subdivision obligation and represents that no
further action is required by any county authority or
body to authorize the foregoing.
5 . The existing dedicated public right-of-way through the
above described remnant parcel, as well as the existing
public roadway that is outside of the dedicated right-of-
way, will both be officially vacated. The southern
portion of the existing roadway that is to be vacated
will be left in its current condition and location. The
northern portion will be removed and a new access
constructed from the new alignment to the severed parcel
referenced herein, all in accordance with the drawing
attached as Exhibit C. The area where roadway is removed
will be left in level, compact, and clean condition. All
of the foregoing will be accomplished promptly and in any
event no later than October 1, 1996 and entirely at
County' s risk and expense .
6 . County will, at Owners' request , allow Owners to
construct irrigation facilities in the existing 49th
Street right-of-way and in the existing Weld County Road
27 1/2 right-of-way in accordance with plans heretofore
submitted by Owners and in the Application for County
Utility Permit submitted herewith.
7 . 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 form 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 .
8 . 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
possess and use all of the Right-of-Way for the purpose
of construction, widening, and improvement of a portion
of said County Road 27 1/2 .
9 . Owners warrant that to the best of Owners knowledge they
are the owners of the Right-of-Way and will defend title
thereto against all claims by parties claiming by,
through, or under Owners . Owners make no other
2497539 B-1552 P-1215 06/20/96 04:13P PG 2 OF 11
961039
warranties of any kind, express or implied, and County
agrees to accept the right-of-way in as is condition .
10 . General taxes for the year 1996 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 represent and warrants that all
general taxes levied prior to such year have been paid in
full by 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.
IN WITNESS WHEREOF, the parties have set their hands on the
day and year first above written.
OWNER .
ATTEST:
LO EVANS POMER, AKA
S E. SPOMER
ATTEST: ( 1 �&y'4 c
ELIZABE CRAVEN ELLS
(FORMER ELIZABETH CRAVEN
SPOMER)
ATTEST : ] igui2, 4)
EL Z TH OUISE S MER MAYNARD
5.. 7 /
ATTEST: 0' /(
ERIC LOUIS SPOMER ._
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO
,! t K T THE BOARD •F
rr��yY QOM I i � / [
y{ �� t
1•+ , , •i r/ . � BYTG/.1 ' -/,�4-//lc12, - 06/12/96
1861 CO Clerk to the Board , Barbara J. Kincmeyeri Chair
I(j , puty Clerk ., o the Board
2497539 B-1552 P-1215 06/20/96 04:13P PG 3 OF 11
961039
EXHIBIT A - PAGE 1 of U
•
PROPERTY DESCRIPTION
A strip of land being part of the Northwest Quarter of the Southeast Quarter (NW 1/4 SE1/4) and
part of the Southwest Quarter of the Northeast Quarter(SW 1/4 NE1/4) of Section Thirty-two
(32), Township Five North (T.5N.), Range Sixty-six West(R.66W.) of the Sixth Principal
Meridian(6th P.M.), County of Weld, State of Colorado and being more particularly described as
follows:
BEGINNING at the Standard Quarter Corner common to Section 32-T5N.-R.66W: as
monumented by a found aluminum pipe monument with aluminum cap stamped JONES LS
22098 with the Center Quarter Corner common to Section 32-T.5N.-R.66W. as monumented by
a found #5 rebar with aluminum cap stamped JONES LS 22098 to bear North 00°04'28" West a
distance of 2602.52 feet with all other bearings contained herein relative thereto:
#1: THENCE North 00°04'28" West along the West line of the East Half(El/2) of said
Section 32 a distance of 1301.26 feet to the Center-South Sixteenth Corner of said
Section 32 as monumented by a found #5 rebar with aluminum cap stamped JONES LS
22098;
112: TIIENCE North 88°52'30" East along the South line of said NW 1/4 SEI/4 a distance of
464.46 feet to the TRUE POINT OF BEGINNING. Said point being a Point On Curve
(POC). The aforesaid line being non-tangent to said curve;
#3: "TIIENCE along the Arc of a curve which is concave to the West a distance of 498.43
feet, whose Radius is 1150.00 feet, whose Delta is 24°49'59", and whose Long Chord
bears North 15°58'21" West a distance of 494.54 feet to the Point of Tangency (PT);
#4: TIIENCE North 28°23'21" West a distance of 457.99 feet to a Point of Curvature (PC);
#5: TIIENCE along the Arc of a curve which is concave to the Northeast a distance of 299.18
feet, whose Radius is 1349.96 feet, whose Delta is 12°41'52", and whose Long Chord
bears North 22°02'25" West a distance of 298.56 feet to a POC. Said point being on the
West line of said NW 1/4 SE1/4. Said West line being non-tangent to aforesaid curve;
#6: THENCE North 00°04'28" West along said West line a distance of 137.04 feet to the
Center Quarter Corner of said Section 32;
#7: TIIENCE North 00°04'28" West along the West line of said SW I/4 NEI/4 a distance of
130.78 feet;
#8: THENCE North 89°55'32" East a distance of 30.00 feet;
#9: THENCE South 09°34'16" East a distance of 188.71 feet;
#10: TIIENCE South 18°42'19" East a distance of 111.90 feet;
#11: TIIENCE South 28°06'01" East a distance of 104.68 feet;
#12: THENCE South 31 '33'09" East a distance of 256.27 feet;
#13: THENCE South 26°31'13" East a distance of 298.97 feet;
#14: TIIENCE South 21°57'57" East a distance of 136.21 feet to the beginning of a curve.
Aforesaid line being non-tangent to said curve;
#15: THENCE along the Arc of a curve which is concave to the West a distance of 438.48
feet, whose Radius is 1250.34 feet, whose Delta is 20°05'35", and whose Long Chord
bears South 13°24'27" East a distance of 436.24 feet to a POC. Said point being on the
South line of said N W I/4 SE1/4. Said South line being non-tangent to aforesaid curve;
#16: THENCE South 88°52'30" West along said South line a distance of 100.06 feet to the
TRUE POINT OF BEGINNING.
2497539 B-1552 P-1215 06/20/96 04:13P PG 4 OF 11
Page 1 of 2
961039
EXHIBIT A - PAGE 2 of 4
Said described parcel of land contains 3.383 Acres, more or less (f), and is subject to any rights-
of-way or other easements as granted or reserved by instruments of records or as now existing on
said described parcel of land.
SURV_EYOR'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.
CZO/tAii o�ppr G.Srfo
i
Charles B. Jones
rnt -W / 925"
Colorado Registered Professional I 1 V—jtitMet
Land Surveyor #22098 ��� ovit
KING SURVEYORS INC.
1200 West Ash Street, Suite C
Windsor, Colorado 80550
(970) 686-5011
Project Number: 94113
2497539 B-1552 P-1215 06/20/96 04:13P PG 5 OF 11
Page 2 of 2
961039
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961039
EXHIBIT B
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that LOUIS EVANS SPOMER AKA
LOUIS E. SPOMER, ELIZABETH CRAVEN ELLS FORMERLY ELIZABETH CRAVEN
SPOMER, ELIZABETH LOUISE SPOMER MAYNARD AND ERIC LOUIS SPOMER,
being all of the owners of the following described property in Weld
County, Colorado, to-wit :
(See attached Exhibit A)
do hereby dedicate forever said property as a public highway,
pursuant to Colorado Revised Statute 43-2-201 (1) , free and clear of
all liens and encumbrances and warrants to title to the same .
LOUIS SP ER
LO . SPOMER
z/s C /74
EL AB H CRAVEN ELLS (FORMERLY
co ELIZAB TH CRAVEN SPOMER) (�talcak,yor! EL Z ETH LOUISE S MER MAY D
w
0 (( I;rn
0 ERIC LOUIS SP M
N
STATE OF COLORADO )
) ss .
COUNTY OF ft/in"" )
a Itt
The foregoing instrument was acknowledged before me this /,3 day of
}'/Lam , 1996 , by Louis Evans Spomer aka Louis E . Spomer.
I
Witness my hand and official seal .
rn
•
/ , wur 9
�/G l.�- + E Vf0 t
N Notary? �rm".$F
NOTAR}-
My commission expires : -o-o s- S
UBLVC
MY COMMISSION EXPIRES: ° �••.r • ���x••
June 17, 1997 hf
tlifi o
961039
STATE OF COLORADO )
COUNTY OFF '// `�' <'
The. foregoing instrument was acknowledged before me this 3/ flay of
4 1 ! l , 1996 , by Elizabeth Craven Ells formerly Elizabeth
Craven Sp04ner.
Witness my hand and official seal .
Notary Public
My commission expires ://y , % 0- pUBlo
DEBORAH •.
M.
• '•MATTHEWS;
// .. � •
.......•p0•0.
STATE OF .;:`_•- - ' .. .-. r'•••
FOc cocoa,
yss.
COUNTY OF/7 �� Vii.�) . __y
T6h foregoing instrument was acknowledged before me this. , day of
/ � /7 , 1996 , by Elizabeth Louise Spomer Maynard.
Witness my hand and official seal .
Notary Public
My commission expires :(y; 7f/ /G (2/
•JtPAY•PLeli
rY'a:• .c
if :DEBORAH••.
STATE OF 1_O,1) ) MAT-HEWS
/�
FOFCOLp
COUNTY OF /C6Le, ' )
MG
The foregoing instrument was acknowledged before me this day of
1996 , by Eric Louis Spomer.
Witness my hand and official seal .
f• ^ryk JANET L.MILWEE I /—
MY COMMISSION EXPIRES
, ➢V y October1.1998 _ /X1
r
a. "'► No r Public
My commission expires :
/o// R7/,
2497539 2-1552 P-1215 06/20/96 04:13P PG 9 OF 11
961039
•
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 a public highway
pursuant to Colorado Revised Statute 43-2-201 (1) (a) .
Imo_, Dated this 12th day of June , 1996 .
'$ S ., � T= // /// COUNTY OF WELD, A BODY
asstc, X514' /� / /�J��///��� /< CORPORATE AND POLITIC OF THE
" 3� _=' r 17 '4A/ STATE OF COLORADO
L' j O THE BOARD
aI
Deputy �1� BY:O//L/1, / / I, i1-/hP/ i"
De ut erk to the Board tarbara J. Kirkmgryer Chi r, Board
of County Commissioners of
the County of Weld
STATE OF COLORADO )
) ss .
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
12th day of June 1 9 9 6 , by
Barbara J. Kirkmeyer , Chair Board . of County
Commissioners of the County of Weld.
Witness my hand and official sea .
•
ary b c r
i
My commission expires : jf
MY CO' "S: ' ,' .,:.3 WELDCNTY\C40#4\SPOMER#2 .AGT
JANUARY !0, 12.3
2497539 B-1552 P-1215 06/20/96 O4:13P PG 10 OF 11
961039
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961039
WELD C0U1coc
LOUIS E. SPOIVI' '1
4055 SOUTH ONEIDAOSTRgErel e.
DENVER, COLORADO 803, MK
(303) 757-1442 To Tl;E t,
December 18, 1995
Chairman of the Board
Weld County Commissioners
P. O. Box 758
Greeley, Colorado 80632
RE: Expansion and Paving of WCR 27.5
Gentlemen,
Over a year ago I was informed that the county was considering the expansion of WCR
27.5. At that time I was told that there was not a plan in place but one was under
consideration; permission was requested to enter upon our land to due some preliminary
surveying, which was granted. Subsequently it was communicated that consideration of a
project was postponed to some future date, as yet not determined.
On December 1, 1995, I received a letter, from Mr. Drew Scheltinga, informing me of a
meeting to be held on December 12, 1995 to "...review the project, answer your
questions, and hear your concerns.". At that meeting Mr. Schletinga spread drawings on
the table and stated " this is what we are going to do". He further stated that the
commissioners were fulfilling a old promise to the land owners that this road would be
paved.
In the first instance Mr. Schletinga did not appear to be there for discussion of the
project but just to state, under no uncertain terms, that the project was going to be
completed regardless of how the attendees felt. The landowners that are to be effected,
with the exception of one, were in attendance. As you are aware, no one that spoke was
in favor of the project. I am sure that the county has had many meetings regarding this
project and I find it odd that the effected landowners were not, at least, informed of these
meetings so they could attend.
As far as a promise given to the landowners to pave this road is concerned, our farm has
been in my family since the 1920s and-this reference to a promise has never been
communicated to us.
(/4 ,6 cct; 7w 961039
In light of the studies that were done by the City and the questionable long range plan
regarding this project, it seems ill-advised. If your goal to alleviate the problems of
increased traffic and accidents that exist on 65th Avenue, it would seem prudent and
proper to update and improve a route that is currently in existence an use. The paying of a
road that is 2 miles in length and terminates at its north end does not appear to change the
problems or be the best use of taxpayers finds.
I would hope that before this project goes any further, it can be discussed rather than
being relegated to the courts for a decision. I will look forward to hearing from the Board
in the near future.
Sincerely
ouis E. Spo er
/
cc: H. R. Roberts, esq.
G. Allyn Wind
David Hayes
Heirs of Ann Spomer
961039
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