HomeMy WebLinkAbout20080597.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF DEED OF DEDICATION FOR RIGHT-OF-WAY ON
COUNTY ROAD 48 AND AUTHORIZE CHAIR TO SIGN - HERB SMITH
PROPERTIES, LTD.
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 a Deed of Dedication 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 Herb Smith Properties, Ltd., with terms and
conditions being as stated in said Deed of Dedication, and
WHEREAS, after review, the Board deems it advisable to accept said Deed of Dedication,
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 Deed of Dedication 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 Herb Smith Properties, Ltd., be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Deed of Dedication.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 13th day of February, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
t ELD COUNTY, COLORADO
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ATTEST: /MT-
1) �l�
Willia _ H. Jerke, Chair
Weld County Clerk to the Board 8b1 ( t �'a rat_1
Robb t D. den, aro= em
BY: ,,f4 �
Deputy Crerk to the Board
William€ Garcia
AP ORM: \1
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• David E. Cbng
County Attorney , ql
Date of signature:
ca79 ouglasmacher
2008-0597
EG0058
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'� � TO: Board of Weld County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
WI ' DATE: February 8, 2008
C RE: Deed of Dedication from Herb Smith Properties, Ltd., et
COLORADO al.
Attached is a Deed of Dedication from Herb Smith Properties, Ltd. and other owners of property
located in Section 8, Township 4 North, Range 68 West of the 6`h P.M., Weld County, Colorado.
Apparently this is associated with RE-4652.
Note that the Acceptance has a caveat that makes it so that acceptance of the transfer of the
property does not mean that Weld County is obligated to maintain the dedicated roadway.
Don Carroll states that the Public Works Department has no objections to the dedication and
acceptance of the road.
Please let me know if you should have any questions.
1
Bruce-T. Barker
Weld County Attorney
pc: Don Carroll
2008-0597
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DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that HERB SMITH PROPERTIES, LTD., a
Texas Limited Partnership, being the owner of the strip of land located in Weld County,
Colorado, which is legally described on Exhibit "A" attached hereto and incorporated herein by
reference, does hereby dedicate forever said property as a public highway, pursuant to Colorado
Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances and warrant title to
the same.
DATED this /j' day of January, 2008.
HERB SMITH PROPERTIES, LTD.,
a Texas Limited Partnership
By flat9
ark L. mith, General Partner
ohn T. Smith, General Pa ner
Herb Smith Family Trust— 2000, Mark L. Smith
Trust Share, General Partner
y Bcii-LifeMark L. Smith, Trustee
Herb Smith Family Trust—2000, John Thomas
Smith Trust Share, General Partner / 0rr
By: 6 -•- Nti
John Thomas Smith, Trustee
STATE OF Nl )
) ss.
COUNTY OAD )
The foregoing instrument was acknowledged before me this I day of January, 2008,
by Mark L. Smith, individually and as Trustee of Herb Smith Family Trust — 2000, Mark L.
(HF.@M 1/10/08) IRISH 11111 VII IIII 11111111111111111
3540301 03/07/2008 12:47P Weld County, CO �IC�r _ �9
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Smith Trust Share, as General Partners in HERB SMITH PROPERTIES, LTD., a Texas Limited
Partnership.
Witness my hand and official seal.
My commission expires: V s0l0 )ie(��
,,.ow; P� „, LINDA GAIL IVIE ,
v
C k a= Notary Commission
State pi Texas ��n�i� QI
i MY Cammisslon Expires
/
i MAY 17, 2011 Notary Public
STATE OF t/ ^"" )
ss.
COUNTY OFLL-1,V)
The foregoing instrument was acknowledged before me this 9 day of January, 2008,
by John T. Smith, individually and as Trustee of Herb Smith Family Trust —2000, John Thomas
Smith Trust Share, as General Partners in HERB SMITH PROPERTIES, LTD., a Texas Limited
Partnership.
Witness my hand and official seal.
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My commission expires: U� t7I li
glM: LINDAGAIL IVIE
ebat ! � 4th.)-%
`.' ')'= Notary Public,State rebate � /" 1""
"` �I\ '= My Commission bikes NU ary Public
c", :E:01' MAY 17, 2011
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 the above dedication of property as
a public highway pursuant to Colorado Revised Statute 43-2-201(1)(a). This acceptance shall
not constitute acceptance for maintenance by the County unless and until the road is improved to
County standards and accepted for maintenance by separate action of the Board of County
Commissioners.
111111111111111111111111111111 111111 III 11111 1111 111
3540301 03/07/2008 12:47P Weld County, CO
2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
(HF&M 1/10/08) - 2 -
Dated this 13th day of February , 2008.
ATTEST: �'"'�'�"� ��v u COUNTY OF WELD, A BODY
6GI f ORPORATE AND POLITIC OF THE
.t
TE OF COLORADO
CLERK TO THE BOARD .N 1v
If
BY: V � L/z,De u Cle to the Boaz '*! ' � William H. Jerke (Name),
Chairman of County Commissioners of
the County of Weld
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was + dged before me this 13th day of
February , 2008, by Willi,y t .. 3 c..'.:\ Chairman of the Board of County
Commissioners of the County of Weld, •Bo4yitaiw'tat:and Politic of the State of Colorado.
Witness my hand and official se PUBLIC
9�OFr6\
My commission expires:
Ad' renere‘sior,Expires May 15.2010
Ni/1 Gd. ; . / (
Notary Public
11111111111111111111111111111111111111111111111 11111111
3540301 03/07/2008 12:47P Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
(HF&M 1/10/OS) - 3 -
o?C.Ci2'—U 51 7
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE DEED OF DEDICATION
EXECUTED BY HERB SMITH PROPER I hS, LTD.
LEGAL DESCRIPTION
A tract of land lying in the Northeast 1/4 of Section 8, Township 4 North,
Range 68 West of the 6th P.M., for Right-of-Way on County Road 48, County of
Weld, State of Colorado, being more particularly described as follows:
Basis of bearing: Assuming the North line of the Northeast 1/4 of Section 8,
Township 4 North, Range 68 West to bear South 88°52'47" West and with all
other bearings contained herein relative thereto:
Commencing at the Northeast corner of Section 8, Township 4 North, Range 68
West; thence along the North line of the Northeast 1/4 of said Section 8,
S 88°52'47" W for a distance of 690.85 feet to the Point of Beginning; thence
continuing along said North line S 88°52'47" W for a distance of 1980.86 feet to
the North One-Quarter corner of said Section 8; thence departing said North line
along the North-South midsection line of said Section 8, S 00°15'33" W for a
distance of 30.01 feet; thence departing said North-South line along a line parallel
with the North line of said Northeast 1/4 N 88°52'47" E for a distance of
2003.15 feet to a point on the West Right-of-Way line of County Road 5; thence
along said West Right-of-Way line on an arc to the right having a radius of
675.78 feet, a central angle of 03°08'00", for an arc length of 36.96 feet, the chord
of which bears N 36°50'17" W a distance of 36.95 feet to the Point of Beginning.
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3540301 03/07/2008 & Recorder
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk
(HF&M 1/10/08) - 4 -
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- - 3540301 03/07/2008 12:47P Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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