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HomeMy WebLinkAbout20081641.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING FENCE RELOCATION FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN-GARY AND BARBARA GULLIKSEN 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 Fence Relocation for Certain Improvements to County Road 2 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 Gary and Barbara Gulliksen, 19425 County Road 2, Brighton, Colorado 80601,commencing upon full execution,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 Fence Relocation for Certain Improvements to County Road 2 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 Gary and Barbara Gulliksen 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 9th day of June, A.D., 2008. - _— BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: gjeti/ f ,�41. r ., --I i vG I ml a,,' `'`- `i Wiilgam H. Jerke, Chair Weld County Clerk to the B.id v'� i ', tit y k KUSED i /fit, t,�,; ,`�\ bert D. Masden, Pro-Tern Deputy Clerk the aoard _ , L- Wi ' m F. Garcia APIR OUED AS M: k.\ (E' `, y Davi Long you> Attorney o i` L ougl s Rademac er Date of signature: (c'/Vi 2008-1641 C : loco pl_ /frP( EG0058 MEMORANDUM TO: Clerk to the Board DATE: June 4,2008 COLOR ADO FROM: Leon Sievers,Public Works SUBJECT: Agenda Item Agreement Concerning Relocation for Certain Improvements to WCR 2 with Gary John and Barbara Jean Gulliksen. M:Francie Agend-Leon doe .7) ' 7 ;•;:i. r.. Lfl c.: r71 c (7..) C.) 2008-1641 CO- AGREEMENT CONCERNING FENCE RELOCATION FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 2 BETWEEN GARY JOHN GULLIKSEN AND BARBARA JEAN GULLIKSEN AND WELD COUNTY,COLORADO THIS AGREEMENT is made and entered into this.i7 day of ,2008,by and between Gary John Gulliksen and Barbara Jean Gulliksen,whose addr ss i�Weld County Road 2,Brighton,Colorado 80601,herein 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 915 10th Street,Greeley,Colorado 80631,hereinafter referred to as "County." WITNESSETH: WHEREAS,County finds it necessary to rebuild and improve Weld County Road 2, and WHEREAS,Owner owns property located in the Southwest One-Quarter of Section 32, Township 1 North,Range 65 West of the Sixth Principal Meridian and described under reception# 1751934 as found in the office of the Weld County Clerk and Recorder WHEREAS,said rebuilding and improvement project requires the relocation of an existing roadside fence WHEREAS,Owner wishes to cooperate with County in said road improvement. NOW,THEREFORE,the parties herein agree as follows: 1. County agrees to reimburse Owner the sum of Four Thousand Seventy Three and no/100($4,073.00)dollars for the relocation of the existing roadside fence. Owner agrees that this payment represents full compensation for the fence relocation and that no further claims will be made for these facilities. 2. Owner agrees to relocate the fence along the road right-of-way line 3. 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 from the terms herein contained shall be binding on either party, or its agent or employees, hereto. This Agreement embodies all agreements between the parties hereto and Page 1 of 2 Pages Ih IM 11111111111111111 III 11111 I1111 II IIIII IIII III 3562605 06/24/2008 12:07P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 4. Owner has an opportunity to salvage any or all parts of the existing fence prior to the commencement of construction,which is expected to begin on or around June 15,2008. 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. 4 7 /1/1-(1-4%‘r-i-------- ji,re Jaaat..6c—' G John Gulliksen,Owner Barbara Je Gulliksen, Owner 4/ - r�° ATTEST: ,.. :.J. . ,,,�,- BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF r a•. ` COLORADO 1 Itllila ` sl Weld County Clerk to '•e;,13 - T if BY: itA . /_ ^_I . _ :1 BY: "1-1. 4 Deputy Clerk the :oard William H. Jerke, Chairman JUN 0 9 2008 Page 2 of 2 Pages 1111111 III IIII1I 11111I III IIIIII 111111111 11111 IIII 1111 3562605 06/24/2008 12:07P Weld County. CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder _;-X?rj:'__/6�� Hello