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RESOLUTION
WHEREAS, heretofore and on May 24, 1976, by Resolution, the Board
of County Commissioners, Weld County, Colorado, entered into an agreement
with the Town of Platteville, Colorado, a municipal corporation, whereby the
County agreed to perform certain street paving for the Town of Platteville, and
WHEREAS, said Resolution authorized the Board to expend the sum
of Fifteen Thousand Eight Hundred Eighty Four and 23/100 Dollars ($15, 884. 23)
upon said project, and
WHEREAS, it has come to the attention of the Board that said project
cost was erroneously computed and should be increased in the amount of One
Thousand One Hundred Forty Six and 70/100 Dollars ($1, 146. 70) to properly
reflect the cost of said paving construction, and
WHEREAS, th.e Board believes it to be in the best interests of the
County to authorize the expenditure of One Thousand One Hundred Forty Six
and 70/100 Dollars ($1, 146. 70) in additional monies to complete the paving
construction provided for in the agreement with the Town of Platteville.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Com-
missioners, Weld County, Colorado, that the Board be, and it hereby is
authorized to expend the additional sum of One Thousand One Hundred Forty
Six and 70/100 Dollars ($1, 146. 70) for the paving construction of certain streets
as set forth in said agreement with the Town of Platteville, Colorado.
Dated this 16th day of June, A.D. , 1976.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
���
Weld County Clerk and Recorder
and Clerk to the Board / `71.
! Deputy County rerk
APP/ROVED S TO FO M.
c.1%-) iipd V24 7
Special Leg Counsel
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\°I-l4-O193
EXHIBIT A
AGREEMENT
THIS AGREEMENT MADE AND ENTERED INTO this 4th Day of
May, 1976 by and between WELD COUNTY, COLORADO , a Municipal
Corporation, hereinafter called "Weld County" , and the TOWN
OF PLATTEVILLE, COLORADO, a Municipal Corporation, 'hereinafter
called "Platteville" ,
WITNESSETH:
WHEREAS, Platteville has created an improvement district
for the purpose of installing paved streets , curbs , and gutters ,
together with necessary incidentals , within its corporate limits ,
said improvement district being Special Improvement District
No . 76-1;
WHEREAS , certain portions of some of the streets included
within said Special Improvement District are located upon
boundary lines between Weld County and Platteville ;
WHEREAS , Platteville has engaged the firm of Nelson, Haley,
Patterson and Quirk, Engineering Consultants , to act as its
engineer for said Special Improvement District and has accepted
the bid of Bestway Paving Company, of Greeley, Colorado , for
construction of the improvements contemplated therein, and that
portion of the engineering and construction costs attributable
to construction of said improvements upon those portions of said
streets lying upon the boundary between Weld County and Platteville
which are outside the corporate limits of Platteville and within
the limits of Weld County is Fifteen Thousand Eight Hundred Eighty-
Four & 23/100 Dollars ($15 , 884. 23) ; and
WHEREAS , Weld County is not subject to assessment by the
said Special Improvement District but both parties hereto never-
theless desire to provide for the orderly installation of and
payment for paving, curbs and gutters , and necessary incidentals
upon those portions of the streets included within the said
Special Improvement District which lie upon boundary lines between
Weld County and Platteville.
NOW THEREFORE , for and in consideration of the mutual
promises, undertakings , and covenants set forth herein the parties
agree as follows :
1. WORK SUBJECT TO THIS AGREEMENT - PLANS AND SPECIFICATIONS .
Weld County agrees to construct or have constructed ,
in the manner hereinafter provided, the improvements set
forth and specifically described in the plans and specifications
attached hereto as Exhibit I and incorporated herein by reference
upon the following portions of the streets of Platteville,
Colorado specifically set forth below:
That portion of Division Street between Goodrich Avenue
and Colorado Highway No . 66 (Justin Avenue) lying with-
in Weld County and adjacent to the Town of Platteville.
That portion of Goodrich Avenue between River Street
and Division Street lying within Weld County and ad-
jacent to the Town of Platteville.
'2. SELECTION OF ALTERNATIVE BY WELD COUNTY.
Within fourteen (14) days of the execution of this
Agreement, Weld County shall advise Platteville whether the
said County desires to perform the work contemplated by this
Agreement by its own employees and at its own sole cost and
• expense, or have Platteville' s contractor (Bestway Paving Company)
perform the said work. In the event the County fails or neglects
to provide such advisement within the said fourteen (14) days ,
it shall be conclusively presumed that Weld County has elected
to have Platteville' s contractor perform the work and to pay
therefor at the base cost of Fifteen Thousand Eight Hundred Eighty-
Four & 23/100 Dollars ($15 , 884. 23) , subject to the provisions of
Paragraph 3 below.
3. PLATTEVILLE ' S CONTRACTOR TO CONSTRUCT.
If Weld County elects to have Platteville' s
contractor construct the said improvements , the said County
shall be subject to the terms of the Construction Contract
entered into between Platteville and its contractor , a copy of
which the County acknowledges receipt of, insofar as the same
shall relate to the work contemplated herein, and except as may
otherwise be expressly and specifically set forth in this Agreement,
the County shall have all of the rights , duties , and obligations
of the party designated in said Construction Contract as Owner.
It is the express intent of the parties hereto that Weld County
be specifically subrogated to the rights , duties and obligations
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of Platteville in this regard. Payment by the County for the
work contemplated by this Agreement shall be made in accordance_
with the provisions of Article 14 of the Contract between
Platteville and its contractor, and Weld County agrees to
indemnify Platteville against any loss , expense, claims , or
demands , including reasonable attorney fees , or other expenses
of litigation or arbitration, resulting from or occasioned by
the failure of Weld County to make payments as provided therein.
4. COUNTY TO CONSTRUCT.
In the event that Weld County elects to perform the
work contemplated herein itself, it shall insure that the said
work be performed in a workmanlike and professional manner,
in accordance with the design, and plans and specifications
attached hereto as Exhibit I and incorporated herein by reference.
It shall further comply with the decision of Platteville' s
engineer concerning the timing and scheduling of the work con-
templated herein to be performed.
5 . NOTICES.
Any notices or advisements required by the terms of
this Agreement to be served shall be deemed served upon Platteville
by mailing the same to the Honorable Lloyd Rigg, Mayor ; Platteville
Town Hall, 411 Goodrich Avenue, Platteville, Colorado 80651 , and
shall be deemed served upon Weld County by mailing the same to
the Board of County Commissioners of Weld County, P . 0. Box 758 ,
Greeley, Colorado 80631. Such service may also be made upon
Platteville by personal delivery of any such notice or advisement
to the Town Clerk of the Town of Platteville, and upon Weld County
by personal delivery of such notice or advisement upon the Secretary
to the Board of County Commissioners of Weld County.
IN WITNESS WHEREOF the parties hereto have set their hands
and seals this 4th Day of may, 1976 .
TOWN OF P�PLATTEVILLE
ATTEST: By , �t�l�( %�/.
Y0
ad-
CLERK
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. BOARD. OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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By:
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PL. t ) a d
`GLENN BILLINGS
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ROY . LOSER
• VICTOR JACOBUCCI
p , / di
JUNE INMARK
ATTEST:
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County Clerk and Recorder
"4-9-71-
an Jerk to the Boat-- CARLSO 11Gb ��—
NORMAN ARLSON
By;:0-Dputy County rk
APP OVE AS TO FORM—._.
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( Special Legal ounsel 00
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ADDENDUM
In addition to the matters specifically set forth in
that certain Agreement entered into on the 4th day of May, 1976
• by and between the Town of Platteville , Colorado , a Municipal
Corporation and Weld County, Colorado , a Municipal Corporation,
concerning the pavement of certain streets lying in and immediately
adjacent to the Town of Platteville, Colorado the said parties
to that Agreement further agree as follows :
1. Paragraph 1 of the aforesaid Agreement is amended
from its present form by 'the addition of the following words
immediately after the description of that area of Goodrich Avenue
subject to the said Agreement :
That portion of Reynolds Avenue between Main
Street and the end of existing pavement on Reynolds
Avenue lying within the County of Weld and immediately
adjacent to the Town of Platteville , a distance of
approximately 150 feet.
• 2. Weld County shall have the improvements contemplated
by the said Agreement constructed by the contractor for the
Town of Platteville and hereby serves notice of this determination
and election upon Platteville.
3. Within a reasonable time not to exceed thirty (30)
days subsequent to the exeuction of this Addendum, Weld County
shall quit claim tothe Town of Platteville all of its right ,
title and interest in and to those portions of the streets
described in Paragraph 1 of the Agreement (including the addition
to Paragraph 1 contained in this Addendum) , and thereafter
Platteville shall have full responsibility for maintaining said
streets .
IN WITNESS WHEREOF the parties have set their hands and
seals on the 24thday of May, 1976.
COUNTY OF WELD
By atz7,
GLENN BILLINGS 7
RO OS.FyR
VICTOR JACOBUCCI
✓` J 7/ . i; _`• .• , ) `C' 1' `'
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• COUNTY OF WELD con' t
JUN%STEINMARK
NORMAN CARLSON
TOWN OF PLATTEVILLE
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By ` e
MAYOR
ATTEST:
'TOWN CLERK Cl
VA
C,/
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ADDENDUM
Page 2
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QUIT CLAIM DEED (`
THIS DEED, Made this 24th day of May, 1976, between WELD
COUNTY, a municipal corporation and a political subdivision of the State
of Colorado, by the BOARD OF COUNTY COMMISSIONERS, for the re-
spective interest of the COUNTY OF WELD and the STATE OF COLORADO,
of the first part, and THE TOWN OF PLATTEVILLE, a Colorado municipal
• corporation, of the second part;
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WITNESSETH, That the said party of the first part, and in consideration
of the sum of other valuable consideration and Ten Dollars ($10. 00), to said
party of the first part in hand paid by the said party of the second part, the
receipt of which is hereby confessed and acknowledged, has remised, released,
sold, conveyed and QUIT CLAIMED unto the said party of the second part, all
the right, title, interest, claim and demand which the said party of the first
part has in and to the following described real estate situate, lying and being
in the County of Weld and State of Colorado, to-wit:
A tract of land located in Weld County, Colorado, more particularly •
• described as follows:
The West 30 feet of the Southwest Quarter (SW 3) of the Northwest
Quarter (NWT'-) of Section 19, Township 3 North, Range 66 West
of the 6th Principal Meridian, arid the West 30 feet of the North- •
• west Quarter (NW4) of the Southwest Quarter (SW+-) of Section
19, Township 3 North, Range 66 West of the 6th Principal Meridian.
The above described tract is the west 30-feet of Division Street
between Highway 66 and Goodrich Avenue adjacent to the Town of
Platteville as it now exists.
A tract of land located in Weld County, Colorado, more particularly
described as follows:
The North 30 feet of the Southwest Quarter (SW++) of the Northwest
Quarter (NW++-) of Section 18, Township 3 North, Range 66 West of
the 6th Principal Meridian. The above described tract is the south
30 feet of Goodrich Avenue between Division Street and River Street
adjacent to the Town of Platteville as it now exists.
A tract of land in Weld County, Colorado, more particularly described
as follows:
The North 30 feet of the West 160 feet of the Southwest Quarter
(SW+) of the Southeast Quarter (SE++-) and the South 30 feet of the
West 160 feet of the Northwest Quarter (NW+) of the Southeast
Quarter (SE') of Section 18, Township 3 North, Range 66 West
of the 6th Principal Meridian, The above described tract is that
part of Reynolds Avenue east of Main Street for a distance of 160
feet adjacent to the Town of Platteville as it now exists.
To Have and To Hold the same, together with all and singular the
appurtenances and privileges hereunto 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 and its assigns
forever.
SIGNED AND DELIVERED THIS 24th day of May, 1976, by
WELD COUNTY, a municipal corporation and a political subdivision of the
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STATE OF COLORADO by the BOARD OF COUNTY COMMISSIONERS, for
• its respective interests.
BOARD OF COUNTY COMMISSIONERS
ATTEST;,----7 ��fG,� WELD COUNTY, COLORADO
`
Weld County Clerk and Recorder �f...<- X J) 1C-Gf rs<gai
and Clerk to the Board - .(
. , ,./Th
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L
I Deputy Cou fy Clerk/f ; � m 1 . �.
J
-/ (1 G 'S� � Y\ fc_.Y . 4e yam..
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STATE OF COLORADO ) v
) ss.
COUNTY OF WELD ) .
The foregoing instrument was acknowledged before me this 24th
day of May, A.D. , 1976, by Glenn K. Billings, Roy Moser, Victor L.
Jacobucci, June K. Steinmark, and Norman Carlson as the BOARD OF COUNTY
COMMISSIONERS and Jeannette Ordway as Deputy County Clerk
• for Weld County, a municipal corporation and a political subdivision of the
STATE OF COLORADO by the BOARD OF COUNTY COMMISSIONERS, for its
respective interests.
Witness my hand and official seal.
My commission expires: . 1,,m„, /C AS?)
l •
,Notary/Public
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RESOLUTION NO,
RESOLUTION REQUESTING PORTIONS OF CERTAIN COUNTY
ROADS ADJACENT TO THE. TOWN OF PLATTEVILLE FROM
THE COUNTY OF WELD FOR THE USE OF THE TOWN OF
PLATTEVILLE, COLORADO, •
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WHEREAS, portions of certain county roads adjacent to the Town of
Platteville are owned by both the entity of Weld County, Colorado, and the
entity of the Town of Platteville, Colorado, and
WHEREAS, this joint ownership creates difficulty in controlling
traffic and further creates a problem in the maintenance of said strips of '
roads.
NOW, THEREFORE, the Town of Platteville, Colorado respectfully
requests that the County of Weld transfer and deed to the Town of Platteville,
those portions of county roads as shown on Exhibit .B, attached hereto; and
That the Town of Platteville will be responsible for the safety control
on the entire strips of said roads and will assume all responsibility for the
maintenance along said strips of roads,
Dated this Z��day of May, A,D. , 1976,
•
Mayon
ATTEST:
City Clerk
J
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EXHIBIT "$"
Description of Parcels : •
A tract of land located in Weld County, Colorado, more particularly
described as follows:
The West. 30 feet of the Southwest Quarter (SWa) of the Northwest
Quarter (NWq) of Section 19, Township 3 North, Range 66 West of
the 6th Principal Meridian, and the West 30 feet of the Northwest
Quarter (NWq) of the Southwest Quarter (SW+) of Section F9, Town-
ship 3 North, Range 66 West of the 6th Principal Meridian. The
above described tract is the west 30 feet of Division Street between
Highway 66 and Goodrich Avenue adjacent to the Town of Platteville
as it now exists.
A tract of land located in Weld County, Colorado, more particularly
described as follows: •
The North 30 feet of the Southwest Quarter (SW+) of the Northwest
Quarter (NWq) of Section 18, Township 3 North, Range 66 West
of the 6th Principal Meridian. The above described tract is the
south 30 feet of Goodrich Avenue between Division Street and
River Street adjacent to the Town of Platteville as it now exists.
A tract of land in Weld County, Colorado, more particularly
described as follows:
The North 30 feet of the West 160 feet of the Southwest Quarter
(SW+) of the Southeast Quarter (SEI) and the South 30 feet of the •
West 160 feet of the Northwest Quarter (NWq) of the Southeast
Quarter (SE+) of Section 18, Township 3 North, Range 66 West
of the 6th Principal Meridian. The above described tract is that
part of Reynolds Avenue east of Main Street for a distance of
160 feet adjacent to the Town of Platteville as it now exists,
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