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Home My WebLink About20110934.tiff RESOLUTION RE: APPROVE QUIT CLAIM DEED FOR CONVEYANCE OF PROPERTY FROM WELD COUNTY, COLORADO, TO THE TOWN OF WINDSOR 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, on March 23, 2011, the Board was presented with a Quit Claim Deed as prepared by the Town of Windsor for the County of Weld, State of Colorado, at which time they deemed it advisable to continue the matter to April 13, 2011, to allow adequate time for additional review, and WHEREAS, that portion which shall be conveyed to the Town of Windsor is more particularly described as follows: That portion of the Coons Subdivision, Town of Windsor, Weld County, Colorado, lying west of Lots 1 to 19, Block 1, inclusive, and east of Lots 1 to 17, Block 2, inclusive, which is depicted as a street right-of-way on the recorded Subdivision Plat for the Coons Subdivision. WHEREAS, after review, the Board deems it advisable to convey the above described land, by Quit claim Deed, to the Town of Windsor, 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 Quit Claim Deed conveying the hereinabove described property to the Town of Windsor be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Quit Claim Deed. 0(1- \o l> v\-cYs°C 2011-0934 4 - 1k- O PR0032 QUIT CLAIM DEED FOR CONVEYANCE OF PROPERTY FROM WELD COUNTY, COLORADO, TO THE TOWN OF WINDSOR PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO L ATTEST: i(i/A l ar.ara Kirkmeyer,,Chair Weld County Clerk to the • Olirtb �e one; =-Tem Deputy Clerk to the Board Willi Garcia ED F M: C4v \ David E. Long oun Attorney 9 is . `;.Civyei< 'i'cJ� Douglas RAdemacher Date of signature: 2011-0934 PR0032 ta�NOF WINDSOR COLORADO June 7, 2011 Ms. Barbara Kirkmeyer Weld County Commissioner Chair P.O. Box 758 Greeley, CO 80632 Dear Barb, On behalf of Mayor Vazquez, Windsor Town Board, and the Town of Windsor, I want to thank you and the Weld County Commissioners for transferring the property associated with the Coons Subdivision in Windsor. This transfer clears the way for the Town to master plan for future expansion of Lakeview Cemetery. While the property may not be used in the near future, it ensures the Cemetery will be available to serve future generations of Windsor area citizens. Enclosed is the ten dollar ($10.00) check associated with the transfer agreement and a copy of the Quit Claim Deed that has been filed. Please forward our thanks to the Weld County Commissioners as we continue working together for a great Windsor and Weld County. Sincerely, K y Arnold Town Manager cc: Monica Mika Enclosures: Transfer check and copy of Quit Claim Deed 301 Walnut Street •Windsor, Colorado • 80550 • phone 970-674-2400 • fax 970-674-2456 www.windsorgov.com • 1111111 111111111111111111111111111 11111 III IIIII IIII IIII Dr' 3774458 06/16/2011 11:42A Weld County, CO 1 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder TOWN OF WINDSOR RESOLUTION 2011-20 A RESOLUTION APPROVING AND ACCEPTING A TRANSFER OF REAL PROPERTY FROM THE COUNTY OF WELD, STATE OF COLORADO, WITHIN THE COONS SUBDIVISION IN THE TOWN OF WINDSOR, COLORADO WHEREAS, the Coons Subdivision is a Weld County Subdivision located in the eastern portion of Windsor's downtown area; and WHEREAS, the Town's Lakeview Cemetery adjoins the Coons Subdivision; and WHEREAS, in 2009, the Town and the owner of certain lots within the Coons Subdivision negotiated the transfer of the lots to the Town for cemetery purposes; and WHEREAS, the lots in question lie on either side of a platted street, which platted street has not been improved or completed since the Subdivision plat was recorded, and which platted street contains no improvements on either side; and WHEREAS, as a platted street in a County Subdivision, the platted street is owned and controlled by Weld County; and WHEREAS, the Town desires to annex the property transferred in 2009, but the County-owned street is an impediment to such annexation; and WHEREAS, the annexation of the property received by the Town in 2009 will be more-efficient if the Town owns the land depicted as the platted street in the Coons Subdivision Plat; and WHEREAS, at the request of the Town, Weld County has executed the attached Quit Claim Deed, under which the County gives up all ownership rights it may have to the platted street which lies between the property received by the Town in 2009; and WHEREAS, in order to complete the transfer of the platted street to the Town, the Town desires to acknowledge its receipt of the attached Quit Claim Deed and accept the transfer of real property evidenced thereby. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. The Town Board for the Town of Windsor hereby approves and accepts the attached Quit Claim Deed. 2. The Town Board authorizes the Mayor to execute the attached Quit Claim Deed in its original on behalf of the Town. MOM 11111 111111 it 111111111111 IIIII III 1111111111111 3774458 06/16/2011 11:42A Weld County, CO 2 of 4 R 26.00 0 0.00 Steve Moreno Clerk& Recorder Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 9u day of May, 2011. TOWN OF WINDSOR, COLORADO John S. Vazquez, Mayor ATTEST: �C +; " ;eta y�' '� Patti Garcia, Town Clerk 1•� 1 2 111111111111111111 IIII IIII 1111111111111 III 11111 IIII 101 3774458 06/16/2011 11:42A Weld County, CO 3 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder QUIT CLAIM DEED The COUNTY OF WELD, by and through its Board of Commissioners ("Grantor"), for and in consideration of the sum of$10.00 (Ten dollars) in hand paid, conveys, remises, releases and quitclaims to the TOWN OF WINDSOR, a Colorado home rule municipality ("Grantee"), the following described real estate located within the County of Weld, State of Colorado, to wit: That portion of the Coons Subdivision, Town of Windsor, Weld County, Colorado, lying west of Lots 1 to 19, Block 1, inclusive, and east of Lots 1 to 17, Block 2, inclusive, which is depicted as a street right of way on the recorded Subdivision Plat for said Coons Subdivision. together with all improvements, if any, lying therein. In witness whereof the Grantor, by and through its duly-appointed Chair and upon due authorization, has caused its signature to be affixed hereto. GRANTOR: Copnty of Weld, State of Colorado Barbara Kirkmeyer, Chair/ APR 13 ?Ott ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss: COUNTY OF WELD The foregoing instrument was acknowledged before me this 13thday of April , 2011, by Barbara Kirkmeyer in her capacity as Chair of the Weld County, Colorado, Board of County Commissioners. .s Witness my official hand and seal. My commission expires -/ -,2,i/ p 1. $ Cs / Notary Public( ': ar-• f 9l. .. 0.G ` 0F col°.. MY COMMISSION C's.".ES:;ie_;ri.-:t 2011-0934 111111111111111111 IIII IIII 111111111111111111111 IIII IIII 3774458 06/16/2011 11:42A Weld County, CO 4 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder ACCEPTANCE The within transfer of real property is hereby accepted by the Town of Windsor, a Colorado home rule municipality. i John S. Vazquez, Mayor' ti C;,;\ d, ATTEST: /roe , 4` 9Q t."9` Patti Garcia, Town Clerk \\ � � , TOWN OF WINDSOR WINDSOR, Co 80550 05/27/2011 1273-58252-36 Obligation Description Invoice Amount 87917 COONS SUBDIVISON 10.00 **Total*** 10.00 ON OF WINDSOR BANK OF COLORADO-WINDSOR 51070 58252 1041 MAIN STREET 2020 WINDSOR,COLORADO 80550 ', ��%L� t 301 o Ct Strad 1 G,`r Windsor, Colorado 80550 Phone: (970) 674-2400 �r,r w , ; , fl COLORADO ✓rblio. '7Fa .n>I� iY��,i, �tf�tAtifOl so,,I Ai '��, 05/27/2011 ***`****"*'****10,00 PAY ** Ten Dollars and 00 Cents ** TO THE ORDER VOID After 180g OF WELD COUNTY ,,bevse'42 1' >i ie P.O. BOX 758 GREELEY CO 80632 iJ R ED SIGNATURE Subject Property ASSESSOR'S CLOSE-UP AERIAL PHOTOGRAPH/PLAT MAP L0, , •• }5- 1 • • _. 001 . Ir. , ii.-4 t ,.-.. ) .' i v li �$i k i • • - 4)10A ' 9 • - • .c1 . 1 1 lI 11 1 N ' // 1 . 1 Y , ' '?r,' it . p `�` �„ '11 Ii 1 k•r 1 al re it r a . .1 it ' •: pf 4-. ,_ , 1 . t.,.. Ili , , 41,4 NJ. - d' _`�.i' r ' 21 1 I ' ,� L � - a r If - Wit. t •\, • rti ' �_ . I, le ‘i lif _ .,'‘,__%1, ...„4, - .3�1 `j ,4� to 00 ' ' r it The 1 .5-acre western parcel is highlighted above and the 1.7-acre eastern parcel is highlighted below. The to-be-vacated right-of-way arcel divides the two lots. . • r r IH _ 4.4 ....ilell "v. a rt..- Al �� 1 .r is L ± __• Jl -, ., ,_ . , 1 i - -Y..._ , , =..t gra .. "St_ V ( 4 10 'i i • faiii: Sr i tar . . . 1 21 i. J tP '4!� . �f k in ; ill . a !/$'� _ ' Of lijttnir) . � iplig � � - 1-Ii tit • llama. .1•• r om'Art 14' . , II f�4. jr If 3i�')t. . 1 N... .. 24 pRM Real Estate Advisors, LLC Consulting, Research & Valuation Elizabeth Strong From: Bruce Barker Sent: Tuesday, March 15, 2011 10:41 AM To: CM Subject: FW: quit claim deed attached (Town of Windsor Coons Subdivision annexation) Attachments: Windsor Duggan Property assessor's map.pdf; QUIT CLAIM DEED weld county to windsor (coons subdivision) 3-2-11.doc Please include the attached Quit Claim Deed on the agenda for Monday, March 21. Thanks! 3118 - (RLraw.u. Lu0.L " 'f Bruce T. Barker, Esq. iL/I 303.-b-lo-t kir5 Weld County Attorney P.O. Box 758 m MLA-LiCu 1 (.3 Q N . 915 10th Street Greeley, CO 80632 (970) 356-4000, ext.4390 Fax: (970) 352-0242 i�a_/c'�w [ rLiUuTr Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ian McCargar fmailto:ian@frevmccarclar.coml Sent: Wednesday, March 02, 2011 4:12 PM To: Bruce Barker Cc: Diana Aungst; Joe Plummer Subject: quit claim deed attached (Town of Windsor Coons Subdivision annexation) Bruce, thank you for speaking with me today regarding the Town of Windsor's plans to annex an enclave consisting of three lots in the County subdivision platted as the "Coons Subdivision, Town of Windsor, Weld County, Colorado". The Town is the owner of two parcels, one on the east and one on the west of a platted street right-of-way that runs north/south. The platted street was never improved, and the parcels owned by the Town are not populated or improved. The parcels are depicted in the attached map for purposes of illustration. This property lies west of the Town's cemetery. The platted street serves no homes or businesses. In order to annex the enclave, the Town would like to have title to the platted street that separates the other two Town-owned parcels. After discussions with you and Mr. Bauer, it appears the most-straightforward way to unify title in the Town is to have the County transfer 1 ownership of the street right-of-way by Quit Claim Deed to the Town. This will enable the Town to annex the entire aggregate parcel in a single annexation, which will accomplish this annexation with least cost to the taxpayers. Attached is a Quit Claim Deed which I have prepared for your consideration. The parcel to be conveyed is simply referred to as that property that lies between the two Town-owned parcels. There is not a more-specific recorded legal description for the County-owned platted street right-of-way. If the attached meets your approval, I am asking that it be referred to the Commissioners for review, approval and execution by the Commission Chair. Once your steps are completed, you may return the signed original to me at the address appearing below for Town acceptance. Thereafter, the Town will undertake annexation of the property. Thank you very much for your assistance and cooperation with this. If you or the Commissioners need any further information, please do not hesitate to contact me. Ian D. McCargar FREY McCARGAR & FLOCK, LLC Town Attorneys, Windsor, Colorado 131 Lincoln Avenue, Suite 100 Fort Collins, CO 80524 (970) 482-0212, Ext. 303 (970) 482-0236 (Fax) ian@freymccargan com The information contained in or attached to this E-Mail message is intended only for the CONFIDENTIAL use of the individual(s) named above. If you are not the named recipient or an agent responsible for delivering it to the named recipient,you are hereby notified that you have received this e-mail message and any attachments in error and that review,dissemination,distribution or copying of this e-mail message and any attachments is prohibited. Misdelivery of this communication does not constitute waiver of any applicable privilege. If you have received this e-mail message and any attachment in error,please notify the sender immediately by telephone or e-mail and then delete the e-mail message and any attachments from your computer and/or network. Thank you. 2 Hello