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Home My WebLink About20161536.tiff RESOLUTION RE : APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR IMPROVEMENTS TO INTERSECTION OF COUNTY ROAD 47 AND STATE HIGHWAY 392 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - C . ALLAN AND CINDI HUNT 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 Improvements to the Intersection County Road 47 and State Highway 392 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 C . Allan and Cindi Hunt, 22685 Highway 392 , Greeley, CO 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 Public Road Right-of-Way for Improvements to the Intersection of County Road 47 and State Highway 392 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 C . Allan and Cindi Hunt. 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 . Cam . &vJ (Ts rc) 2016- 1536 EG0073 RE : AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO INTERSECTION OF COUNTY ROAD 47 AND STATE HIGHWAY 392 - C . ALLAN AND CINDI HUNT PAGE 2 The above and foregoing Resolution was , on motion duly made and seconded . adopted by the following vote on the 9th day of May, A. D . . 2016 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: G ..k'_lto: 4 ' 11144-Ike Mike Freeman , Chair Weld County Clerk to the Board EXCUSED Sean P . Conway. Pro-Tern BY: Dep y Clerk to the Board �_`� st\\ Ell, 4\'�; A. Cozad • RM : 'got t:`:•�.`,�' • C' SED •,;��,� • b : ra Kirkmeyer ounty Attorney L ?eve Moreno Date of signature : 6/ 1-ii I Lc 2016- 1536 EG0073 1861 • MEMORANDUM UV= TO: Clerk to the Board DATE: 4/28/2016 • T_Y ouN FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 47/392 Project Agreement for the Purchase of Public Road Right-of-Way for the intersection improvements to WCR 47/SH 392 with C. Allan and Cindi S. Hunt. M:\Francie\AGENDA memos\Agenda-Tiff I.doc 2016-1536 thW7S AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO INTERSECTION OF WELD COUNTY ROAD 47 AT STATE HIGHWAY 392 AND WELD COUNTY, COLORADO BETWEEN C.ALLAN HUNT AND CINDI S. HUNT AND WELD COUNTY, COLORADO THIS AGREEMENT is made this ,;?Y,;? Yrf day of'7 ,k, ck , 2016, by and C. Allan Hunt and Cindi S. Hunt, whose address is 22685 Highway 392, Greeley, CO 80631 , 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 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit A- Parcel Number RW-1 (hereinafter referred to as "Public Road Right-of-Way"), and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 47 (hereinafter "WCR 47"), and State Highway 392 (hereinafter "SH 392"), which will involve the realignment and construction of said roads, (hereinafter referred to as "Intersection Improvement Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete aportion of said Intersection p ' Improvement Proje ct,� ct, 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: --is1 . Owner agrees to sell and County agrees to purchase the Public Road Right-of-Way as shown and/or described on Exhibit A-Parcel Number RW-1 to CDOT copies of z which are attached hereto and made a part hereof by this reference, for the sum of One Thousand Six Hundred and Fifty Dollars, ($1 ,650.00). The parties m3 - acknowledge and agree that said purchase price represents full, fair and valuable ao y -0 consideration. o W LL, ° 2. Owner warrants that they are the Owner of the Public Road Rights-of-Way and will ce � a . defend title thereto against all claims. 41 en r tri 13/4- • CL. 3 . Owner agrees to grant the Public Road Right-of-Way parcel to CDOT by General v Warranty Deed, free and clear of all liens and encumbrances, except existing w 44 co Q≥ easements. NN o a. GI am� � P:\ATKINS\C129#2\HUNT\HUNT Agreement for Purchase 3-7- 16.doc O2O/6 _ iS3i, 4. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Utility Easement, and shall also retain any water rights currently attached to or associated with the Public Right-of-Way. 5. Owner shall deliver the fully executed General Warranty Deed for the Public Road Right-of-Way at the date of closing which shall be no later than (30) days following the County's execution of this agreement. 6. Owner shall pay any encumbrance associated with the Public Road Right-of-Way, which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the General Warranty Deed to County and CDOT. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1 . County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way. 2. County shall pay all fees associated with recording this Agreement and / or the General Warranty Deed. 3 . County shall pay Owner for the Public Road Right-of-Way, by County warrant(s) at the date of closing. MISCELLANEOUS: 1 . Following the closing, it is expressly agreed by the parties hereto that County, its ail contractors, agents, employees and all others deemed necessary by County, shall have o - the irrevocable right to possess and use said Public Road Right-of-Way for the purposes of constructing the Road Improvement Project, and for its daily operation, access and maintenance. These conveyances shall be deemed to include sufficient o '_ land for the construction, operation, access, repair and maintenance of said project, s • 3 including the rights of entry upon, passage over, and deposit of excavated earth, and co a L. storage of material and machinery upon such Public Road Right-of-Way as may be o ° useful and necessary 0 =-. N o �. 0 - - 0 0E12 2. This Agreement and the transfers of the Public Road Right-of-Way made pursuant to aam the terms herein, shall be binding upon, all and inure to the benefit of and be co enforceable by the parties and their heirs, executors, administrators, successors, and m " di: too. a4Q 0 N Oo NI a- P:\ATKINS\C l 29#2\HUNT\HUNT Agreement for Purchase 3-7- 16.doc m - - =_ im0 � assigns. 3 . This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24- 10- 101 et seq., as applicable now or hereafter amended. 5. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as 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. 6. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow 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. 7. 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. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4203206 Pages : 3 of 8 05/ 12/2016 04 : 37 PM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County . CO �Iil fi U 1 11111 P:\ATKINS\C129#2\HUNT\HUNT Agreement for Purchase 3-7- 16.doc • IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: C. Allan Hunt and Cindi S. Hunt By: C ' 94 4>" , s � Title: Dlic� ATTEST: dactrAvt) jeS;ei BOARD OF COUNTY COMMISSIONERS Weld Co ty Clerk to the go . d WELD COUNTY, COLORADO BY: Deputy Cle to the Bo a Mike Freeman, Chair MAY 0 9 2016 S1/42 APPROVED AS TO FUN ~, • PPROVED A 0 BSTANCE: fie-.0 Controller Electerficial or Department Head APP VED TO FORM: e Director of General Services County Attorney P:\ATKINS\C129#2\HUNT\HUNT Agreement for Purchase 3-7- 16.doc 4203206 Pages : 4 of 8 05/ 12/2016 04 : 37 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder . Weld County , CO � �� VIII fPji'�rkilla�'liia' I J��'�'��I'��,f'��ti«1 �ML�,� iii�� I II I J COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY • TO BE ACQUIRED Parcel Number: RW-1 STA. 111+41 .99 Lt. to STA. 113+91 .99 Lt. (SH 392 Align.) FROM C Allan Hunt & Cindi S Hunt 22685 Hwy 292 Greeley, CO 80631 -9653 FOR Project Code: 19891 Project Number: STM C030-056 Location: Weld County Road 47 at State Highway 392 4203206 Pages : 5 of 8 05/ 12/2016 04 : 37 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder . Weld County , CO VIII kiFa :�I�gl�lmit IN: i iI i�� 'V'VI D AIII II II EXHIBIT "A" PROJECT CODE: 19891 PROJECT NUMBER: STM C030-056 PARCEL NUMBER: RW-1 DATE: JUNE 26, 2015 LEGAL DESCRIPTION A tract or parcel of land No. RW- 1 of the Department of Transportation, State of Colorado, Project Code 19891 , Project Number STM C030-056, containing 0. 138 acres, more or less, in the West Half of the Southeast Quarter of Section 14, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the South Quarter corner of said Section 14, (whence the Southeast corner of Section 14, Township 6 North, Township 65 West, of the 6th Principal Meridian bears North 89° 17' 13 " East, a distance of 2,662.36 feet); Thence North 87°22'26" East, a distance of 1086.35 feet to the POINT OF BEGINNING, said point lying on the northerly Right of Way line of State Highway 392; 1 . Thence North 78°28'37" East, a distance of 254.50 feet to a point; 2. Thence South 00°44'02" East, a distance of 48. 11 feet to a point; 3. Thence South 89°22'23 " West, a distance of 250.00 feet to a point, more or less to the POINT OF BEGINNING. The above described parcel contains 6,014 S.F. (0. 138 acres), more or less. Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of N34°43'30" E. from Densification point "B 414" (steelrod encased in a pvc pipe) to HARN point "Dewey" (metal pipe and cap). The survey data was obtained from Global Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). sal- *D 0 Lice y%.•Zoisnj • la II For and on behalf of i w yso . I 10, Atkins North America, Inc. 37 Eric Christianson, PLS 37077 .e r- P 16 i (702) 263-7275 'tt• � 2270 Corporate Circle, Suite 200 II, 4/p ;Al I!� Henderson, NV 89074 illiP\\CItk.....tize-4.-(.1 ft 4203206 Pages : 6 of 8 05/ 12/2016 04 : 37 PM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County . CO 11111 Pr rrrdirirhi?�I tifJ 'hi. II RW-1 (Real World) Point of Beginning : North: 418850. 1637' East: 243810.6005' Segment #1 : Line Course: N78° 28' 37"E Length: 254.50' North: 418901 .0026' East: 244059.9698' Segment #2 : Line Course: S00° 44' 02"E Length: 48. 11 ' North: 418852.8995' East: 244060.5860' Segment #3 : Line Course: S89° 22' 23"W Length: 250.00' North: 418850.1637' East: 243810.6005' Perimeter: 552.61 ' Area: 6,014 S.F. (0. 138acres) 4203206 Pages : 7 of 8 05/ 12/2016 04 : 37 PM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County CO ■III !�!''!i�''PH� re A RW-1 (10K) Point of Beginning : North: 10000.0000' East: 10000.0000' Segment #1 : Line Course: N78°28'37"E Length: 254.50' North: 10050.8395' East: 10249.3704' Segment #2 : Line Course: S0°44'02"E Length: 48. 11 ' North: 10002.7334' East: 10249.9866' Segment #3 : Line Course: S89°22'23 "W Length: 250.00' North: 9999.9979' East: 10000.0016' Perimeter: 552.61' Area: 6014.04 Sq. Ft. 4203206 Pages : 8 of 8 05/ 12/2016 04 : 37 PM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County . CO sill EirldG'ti:ihiliclIV'lfl�' Mii,1k'bii Oki Bill Hello