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Home My WebLink About20181305.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - THOMAS D. CROGHAN LIVING TRUST AND MARY E. CROGHAN LIVING TRUST 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 Public Road Right -of -Way for Certain Improvements to County Road 49 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 Thomas D. Croghan Living Trust and Mary E. Croghan Living Trust, 8465 County Road 49, Hudson, Colorado 80642, 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 Public Road Right -of -Way for Certain Improvements to County Road 49 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 Thomas D. Croghan Living Trust and Mary E. Croghan Living Trust, 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. cc.: PW C MC,I C K I SRN, ac -r C I3G) o(o-aa-1$ 2018-1305 EG0075 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - THOMAS D. CROGHAN LIVING TRUST AND MARY E. CROGHAN LIVING TRUST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th clay of April, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �,Q;‘,k. EXCUSED Steve Moreno, Chair Weld County Clerk to the Board EXCUSED Barbara Kirkmey Pro-Tem BY: Deputy Clerk to the Sean P. Conway APP: ED A ozad County Attorney Mike Freeman, Acting Chair Pro -Tern Date of signature: O4 -/l -1 g 2018-1305 EG0075 MEMORANDUM TO: Esther Gesick, CTB DATE: April 16, 2018 FROM: Clay Kimmi, P.E., Public Works SUBJECT: ROW Agreement for Thomas D. and Mary E. Croghan Please place the attached Right of Way agreement on the BOCC Agenda. Once the agreement has been signed, please return a signed original back to me so I can provide them to INC. This agreement is for additional Right of Way that IHC needs to accommodate their design of the CR 49 and CR 18 intersection. IHC will acquire 0.06 acres (2,450 square feet) from the landowner. Weld County is not paying for the Right of Way. IHC included the cost of additional right of way acquisitions in their price for the overall CR 49 project. IHC offered the landowner $500.00 for the ROW agreement and the landowner accepted. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. cc; Pc,,v CmefC«) N _ �_, 2018-1305 Co -as - ►$- Page I of I V1. Aetice Protects SIR \ I I ( IC ( I )RRI1)1)R AV ( IZ -19 Corridor ROAA I I IC 4aluired ROAV C7oghzn Cmeltan ROV -Agreement Alento to CTB d -I6-1 S. dock AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WEL':r COUNTY ROAD 49, BETWEEN THOMAS D. CROGHAN and MARY EILEEN CROGHAN AND WELL) COUNTY, COLORADO THIS AGREEMENT is made this Is day oi'November, 2016; by and between THOMAS f , CROGHAN LIVING TRUST, dated Septe.inber26, 2011 and MARY E. CROG1fAihl LIVING TRUST, dated September26, 201 1 whose address is 3465 County Road 49, 1 -Judson CO 80642 hereinafter collectively 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 1 150 'O' Street, Greeley, Colorado 80631 hereinafter re-ft,rred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached "Exhibit - A" (hereinafter referred to as ("Public Road Right -of -Way"), WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right -of -Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: . Owner agrees to sell at closing and IHC on behalf of Weld County agrees to purchase the Public Road Right -of -Way shown and/or described on "Exhibit -A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred and 00/100 Dollars, ($500.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. If this agreement is executed and returned to our office on or before November 8111, 2017, lIIC on behalf of \Veld County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 3. Owner shall retain the mineral estate under the Public Road Right -of -Way and shall also retain any water rights currently attached to or associated with the Public Right -of -Way. 4408444 Pages: 1 of 6 06/19/2018 01:37 PM R Fee:$0.00 1111 Carly �lK1�fIY,Clerk l�tilll and � f Recorder, County, CO Ir hYi 11111 I 02o/i / () Owner shall deliver the fully executed Quit Claim Deed for the Public Road Right -of -Way to County at the date of closing which shall be no later than thirty Agreement. (30) days following the County's execution of this A �, O\Verge shall pay any endlllllbrance 1 JUC1Sieel ' 'ittl true itithhd pond 1VI111711 IS required it) he paid, IilCllldlll°;, bull nos limited to, a I rnr't' d autumn o the proper), I ;,es, and :111)' pea. hue probe't'C (rii( iilll i,;( aid pewil1Ii;S thereon), on cu r,,,rr�lr. ti e r ire. �1l ,.Il)suly Decd to Ci)lllA'. O\'ncr is solely rs.spoosilile rot the fr.lyinl;li .illy :auaouul.t owed to a third party holding: a security or oillor _coxiiership it rior;r ul the Public Road Right--of-\Vay. COUiNJ'l'V d RIGHTS Alo1D R_IF,S1'O'd>1131L,ITl1�,S: I. lhlC on behalf of Weld County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of: - Way. ay. ?, IHC on behalf of Weld County shall at closing pay all fees associated with recording this Agreement and 'or the Quit Claim Deed. 3. IHC on behalf of Weld County shall pay Six Hundred Fifty and 00/100 Dollars (S650.00) to the Owner for the Public Road Right -of -Way by County tvarrant(s) at the date of closing if agreement is signed and returned on or before November 8°1,2017. If the agreement is not signed and returned on or before November 8t11 , 2017 II -IC on behalf of Weld County shall maintain its current offer of Fair Market Value of Five Hundred and 00/100 Dollars (5500.00) for the Public Road Right -of -Way by County warrant(s) at the date of closing. 4. Prior to construction commencing on the Project and right of way described herein, IHC on behalf of Weld County shall construct a temporary fence line along the outside boundary of the Right -of -Way. At the conclusion of construction, Il-IC on behalf of Weld County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. Owner shall be responsible for maintenance of said fence. MISCELLANEOUS: This Agreement and the transfers of the Public Road Right -of -Way made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4408444 Pages: 2 of 6 06/19/2018 01:37 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County, CO 1111 11111 Page 2 of 3 3. No term or condition of this contract shall be construed or interpreted as a >,vaiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act tied -10-101 et seq., as applicable now or hereafter amended. The pari ias hereby agree d101 n;eilher has ',lade i)r alftllori ed `I.11 ' a .;r .;tii,_H %taut' respect.io the subject matter of [lid; insirinneni oilier ;hs-trl ,I :;pr�� ply ,cl _i'orili herein, and no Oral Iepres(;l1Latiori, promise, or coiiSldrr'itluil rllli'r'.Ieui trolll t11� terms herein ��oiitainctl :,hall ho I_�irldiil;_ �:�I illl��r pariv, or iM nr employees. it is expressly understood and agreed ihai: i-he enforcement of the mtlic; and conditions of this Agreement, mid all rights of action relating, to such enforcement, shall ha strictly reserved to the undersigned parties and nothing ill this Agreement shall give or alloy' any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. 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. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Thomas D. Croghan Living Trust, dated September26, 2011 2011 Croghan, Thomas D. Truste ATTEST: -� Weld County erlc to the Board eputy Clerk to the B OWNER: Mary Eileen Croghan Living Trust, dated September26, 721 Eileen Cr o�;han,�ustce BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Acting Chair Pro-Tem Page 3013 0104-/c3o.,6) EXHIBIT - A ADDITIONAL RIGHT-OF-WAY FROM THE THOMAS & MARY CROGHAN PARCEL BEING LOT A OF RE - 1307 -24 -4 -RE 112 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Southeast % of Section 24, Township 2 North, Range 65 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the West Right -of -Way Line of Weld County Road 49, whence the Southeast Corner of said Section 24 bears S05°24'25"E, a distance of 1,320.37 feet; THENCE S89°49'49" W, a distance of 70.01 feet; THENCE N44°23'01"E, a distance of 98.23 feet, to the West Right -of -Way Line of WCR 49; THENCE SO1°03'48"E, along said Right -of -Way Line, a distance of 70.01 feet to THE POINT AND PLACE OF BEGINNING, containing 2,450 square feet (0.06 Acres) more or less. Bearings as shown in the above description are based upon the East Line of Section 24 having a bearing of S01°03'48"E. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. 4408444 Pages: 4 of 6 06/19/2018 01:37 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII �4�1� � 1�'�� rM i� 1b1fi V��iM�'��f IY4rh 1I 111 4eukaczfeze CO PLS 18468 ADDITIONAL ROW ACQUISITION CROGHAN WELD COUNTY, COLORADO LUCH ETII SURVEYING 1975 Prairie Owl Road Pa <er, LU 80138 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT At Weld County Road 18.5 PROJECT NO.: SRP26 DATE: 7/10/16 DRANM BY: MSL SHEET 1 OF 2 '` cn a° ..o Na a woo ic pa -amo (D co -U -to o -Dm ar + o -n slam irm 17 re. -Jr %.<_ —I- _ O E XHIBIT in r 4 4 20' T;C.E WCR-49 EXISTING ROI'V 1NO,iUSd MARY 0205HAN LOTH/RE-1307-24-1-RE 112 N 44'23'01" E, 98.23' Additional ROW to be Acquired 2,450sq. f t/0.06 Acresf . 200 Properly Line .y . — WC: 18.5 C. 0 S 89'49'49" W, 70.01'-7 -. - .t. O NAM 100 ANADARXO Ed P meg-talc ac 200 SCALE: 1"=200' Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. ADDITIONAL ROW ACQUISITION RW� CROGHAN WELD COUNTY, COLORADO 400 i, 1 is • East Line of Section 24 kr) r -S 01'03'48" E, 70.01' All existing ownership, Rights —of —Way, and existing easement information has been provided by Weld County. TIE -- S 05'24'25" E, 1320.37' SE Corner Sect 24 �— T2N, R65W • CI s VEY11 NG 1975 Prairie Owl Road Parker, CU t!U'lits (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT At Weld County Road 18.5 PROJECT NO.: SRP26 DATE: 7/10/16 SCALE: 1"=200 DRAWN BY: MSL {SHEET 2 OF 2 All existing ownership, Rights —of —Way, and existing easement information has been provided by Weld County. Note: This Exhibit sketch does not represent a Morumented Land Survey or Right —of —Way. It is intended to show the attached property description only. 4408444 Pages: 6 of 6 06/19/2018 01:37 PM R Fee:$0,00 Carly Koppes. Clerk and Recorder. Weld County; CO MEMORANDUM TO: Esther Gesick, CTB DATE: June 26, 2018 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deed of Dedication for Public Highways for the CR 49 Project Please place the attached Quit Claim Deed for additional ROW that IHC acquired on behalf of Weld County from Thomas D. Croghan Living Trust on the BOCC Consent Agenda. The original contract ID # was 1760 and the docket number was 20181305. C.Orl.S50/4A354\cAPL- CX- t /1- y 7- -/ Page 1 of I pry cDt 8- 15)15 - Ca 00 M. —Active Projects'STRATEGIC CORRIDOR WCR 49 Corridor ROWING Acquired ROW Croghan Croghan Deed Acceptance Memo to CTB 06-26-18 docx QUIT CLAIM DEED THIS DEED is made this � day of<(t7 , 201R, between Thomas D. Croghan Living Trust, dated August 26, 2011 and/Mary E. Croghan Living Trust, dated August 26, 2011, party of the first part and Weld County, Colorado, a body politic and corporate of the State of Colorado, whose address is whose legal address is 1150 "O" Street, Greeley, Colorado 80631, party of the second part. WITNESSETH, that the said party of the first part, for sufficient consideration, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit "A." TO HAVE AND TO HOLD the same, together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. Thomas D. Croghan Livifig Trust, dated August 26, 2011 STATE OF ARIZONA ) ss. COUNTY OF LA PAZ VI y n Living Trust, dated August 26, 2011 The foregoing instrument was acknowledged before me this /I day of �? ✓i / , 20 by Thomas D. Croghan Trust, dated August 26, 2011 and Mary 1 Croghan Living Trust, dated August 26, 2011. SYNDA KETCHUM Notary Public - Arizona La Paz County My Comm. Expires Jan 14, 2019 My commission expires: 4413032 Pages: 1 of 5 07/06/2018 10:51 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iv FdErP4104'1iiiti1 ik9,'afiF Milli Vi i.ki "III 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 said parcel, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated thisQ.-NJ day of dziiT , 2018. ATTEST: :jZ/L&) "l)'ti CLERK TO THE BOARD OF COUNTY COMMISSIONERS THE COUNTY OF WELD Dep y Clerk to the Board STATE OF COLORADO ) )ss COUNTY OF WELD ) COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: /` ',� ,r r Steve Moreno, Chair JUL 2ks BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this o2f-4 day of , 2018, by Steve Moreno, BOARD OF COUNTY COMMISSIONERS OF T C NTY OF WELD. Witness my hand and official seal. My commission expires: 4413032 Pages: 2 of 5 07/06/2018 10:51 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1/O1O/g Notary Pu►J is CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC, 19, 2018 ■�� I arir.Iiy InlJ d IffilAtiLIN 1IIAN FKII: ii yi II II aois'- (305 EXHIBIT a A ADDITIONAL RIGHT-OF-WAY FROM THE THOMAS & MARY CROGHAN PARCEL BEING LOTA OF RE - 1307 -24 -4 -RE 112 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Southeast 1/4 of Section 24, Township 2 North, Range 65 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the West Right -of -Way Line of Weld County Road 49, whence the Southeast Corner of said Section 24 bears S05°24'25"E, a distance of 1,320.37 feet; THENCE S89°49'49" W, a distance of 70.01 feet; THENCE N44°23'01"E, a distance of 98.23 feet, to the West Right -of -Way Line of WCR 49; THENCE S01°03'48"E, along said Right -of -Way Line, a distance of 70.01 feet to THE POINT AND PLACE OF BEGINNING, containing 2,450 square feet (0.06 Acres) more or less. Bearings as shown in the above description are based upon the East Line of Section 24 having a bearing of S01°03'48"E. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. 4413032 Pages: 3 of 5 07/06/2018 10:51 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII PKINC ' I Ma k "Di CO PLS 18468 ADDITIONAL ROW ACQUISITION CROGHAN WELD COUNTY, COLORADO L.0 H EiTI SURVEYING 1975 Prairie Owl Road Parker, co 8U138 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT At Weld County Road 18.5 PROJECT NO.: SRP26 DATE: 7/1 0/1 6 DRAWN BY: MSL SHEET 1 OF 2 X00 -3 gra .<rnw �-710 NW � oN _■C m s'ao0 C7 y Or Pa m -0 D-ka Illmg De a is -� A .- 3m0 -,40 cn 0 T E �._m sr Ca a 0° c-oro �-�.. Ire o0 -..— 0. 0 a 20' I.CE WCP - 49 EXISTING ROW THOMAS 4 MARYCRCSNAN LOT A/RE- 130724 -1 -RE 112 N 4423101” E, 98.23' Additional ROW to be Acquired 2, 450sq. ft./006 4 cress • I. Property Line WCR 18.5 0 S - -- 89'49'49" W, 70.01' cc* 10CME:=01MIPC-. 44.14 ANALWAKO Ed 0 a 'swavF tic 200 0 100 200 rte LHJ H11 _ SCALE: 1"=200' Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. ADDITIONAL ROW ACQUISITION Cw A� CROGHAN -,--.40441GICE'S 400 i tfl i East Line of Section 24 • �-S 01'03'48" E, 70.01' ;I i I • r C H liT H VEYEI '1975 Prairie Owl Road TIE All existing ownership, Rights —of --Way, and existing easement information has been provided by Weld County. S 0524'25" E, 1320.37' SE Corner Sect 24 T2N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT At Weld County Road 18.S PROJECT NO.: SRP26 SCALE: 1 =200' WELD COUNTY, COLORADO Parker, CU 8U'13t5 (303)841-2568 DATE: 7/10/16 DRAWN BY: MSL SHEET 2 OF 2[ Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. May 11, 2018 Thomas D. Croghan and Mary E. Croghan 8465 County Road 49 Hudson, CO 80642 RE: Weld County Road 49 Right of Way closing Mr. and Mrs. Croghan, Enclosed, please find the check for $500.00 for the above mentioned Right -of -Way to Weld County, as well as 3 Closing Statement and Receipts. Please sign 2 of the receipts and send back in the enclosed envelope. The third one is for your records. Your prompt attention to this matter is appreciated. If you have any questions, please call me at 303- 802-5322. Sincerely, Michele Spencer Escrow Manager H.C. Peck & Associates, Inc. 34068 nvoice e Thomas D Croghan Living Trust and Date Amount Paid Check Number: Check Date: Check Amount: Description 34068 May 11, 2018 $600.00 $ 500.00 Miscellaneous Payable -K,•F�*v� =•a.�ar� -:cr-�rtw-�� -474•111;111114t.1 dil:147E'It[slitlPlatili1.17111519:1,TiL1192.1114a[.M3tli:13db9111114N•1O: 1.14014.(001H:CL4p "-,r0,0''¢-a- H.C. Peck & Associates, Inc. 4001 Fox Street Denver, CO 80216 303-623-6112 Five Hundred and 00/100 Dollars PAY TO THE ORDER OF: Thomas D Croghan Living Trust and Mary E Croghan Living Trust Memo: First National Bank of Colorado 82-28/1070 DATE May 11, 2018 AMOUNT $ 500.00 Ips VALI ID VALID VA[li ID �_! VALI' 'D VALID;VAV UTH0'l SIGNATURE 34068 tr FRAWARMOR' Hello