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Home My WebLink About20020977.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 4 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JOHANN 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 Right-of-Way for Certain Improvements to Weld County Road 4 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 Elmer Johann, Jr., and Vicki Johann, 20228 Weld County Road 4, Hudson, Colorado 80642, 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 Right-of-Way for Certain Improvements to Weld County Road 4 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 Elmer Johann, Jr., and Vicki Johann 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of April, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELL COON CO ORADO ATTEST: r,(,re ��=CGr w� iate, GIe �Vaad, Chair Weld County Clerk to t !B ' 18611 gl r gtcyAs David E. .ng, •ro-Te V BY: Deputy Clerk to the`$ arc/ f may/ M. . Geile AP D AS • W' is H. Jerke unty Attorn Robert D. Masden Date of signature: 2002-0977 ,0O.' A'42 EG0046 MEMORANDUM , & .,„„,,„6 TO: Clerk to the Board DATE: April 16, 2002 iiiipe FROM: Frank B. Hempen, Jr. Director of Public Works/County Engine SUBJECT: Agenda Item COLORADO Please place the following item on the Board's next agenda: AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 4 BETWEEN ELMER D. JOHANN JR, AND WELD COUNTY, COLORADO The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M\WPFILES\ZELMA\AGENDA-3JRC wpd 2002-0977 • 198 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 4 BETWEEN ELMER D. JOHANN JR. AND VICKI L. JOHANN AND WELD COUNTY, COLORADO THIS AGREEMENT is made this // day of 62 hr, , 2002 by and between Elmer D. Johann Jr. and Vicki L. Johann, whose address is 2 28 Weld County Road 4, Hudson, Colorado 80642,hereinafter 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 10`" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 4, and WHEREAS, Owner owns the property described in the attached Exhibit"A" , hereinafter referred to collectively as "Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Five Hundred and no/100 ($500.00) dollars. This consideration is being offered in lieu of condemnation 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances, except existing easements. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. Page 1 of 3 Pages I IIIIII IIIII IIIIIII 11111 III 1111111 IIIII III IIIII IIII IIII 2946198 04/26/2002 11:12A JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO am,:-e,977 4. 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 agents or employees, hereto. 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. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance,it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2002 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 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. N Elmer D. Jr., 0 er Vicki L. Joh , Owner TAX ID NUMBER: TAX ID NUMBER: Page 2 of 3 Pages Hill1111111 IIIII III IIIIIII 311 III IN 2946198 04/26/2002 11:12A JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO • ATTEST: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF g !o� i /� COLORADO S # Weld County Clerk to t ? 1E Q ` ' 1861 (-',.s" BY: , ..�.� . G. ��N`�..,c.:_ I BY: lV/ Deputy Clerk to the B.W LSD Glenn Vaad, Chau,uaf_(1 q -. 11111111111111111111111 III 1111111 IIIII III IIIII III! IIII 2946198 04/26/2002 11:12A JA Suki Tsukamoto 3 of 4 R 0.00 D 0.00 Weld County CO Page 3 of 3 Pages EXHIBIT A LEGAL DESCRIPTION A strip of land, 5.00 feet in width, being located in the Northwest One-Quarter of Section 33, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Northwest corner of the Northwest One-Quarter of said Section 33, from whence the Northeast corner of the Northwest One-Quarter of said Section 33 bears N89°39'26"E, with all bearings herein relative thereto; thence N89°39'26"E along the North line of said Northwest One-Quarter a distance of 873.00 feet; thence S00°20'34"E a distance of 30.00 feet to a point on the South line of Weld County Road#4 and the POINT OF BEGINNING; thence N89°39'26"E along the South line of Weld County Road#4 a distance of 300.00 feet; thence S00°20'34"E a distance of 5.00 feet; thence S89°39'26"W a distance of 300.00 feet; thence N00°20'34"W a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.034 acres, more or less. Note: The above description was prepared by Leon W. Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Frederick Land Surveying, 1 111111 11111 1111111 11111 III 1111111 11111 III 11111 lIII IIII 2946198 04126/2002 11:12A JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO 00 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Elmer D. Johann Jr. and Vicki L. Johann, whose address is 20228 Weld County Road 4, Hudson, Colorado 80642, being all of the owners of certain property in Weld County, Colorado, which is described in the attached Exhibit "A", do hereby dedicate forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances, except existing easements, and warrants title to the same.artast 04 14/ al Elmer D. Jo Jr., Ownef Vicki L. Johann, er STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this /7 day of `771tey , 206zeby Elmer D. Johann Jr. and Vicki L. Johann, Owners Witness my hand and official seal. PNN SEND s/6144 / Notary Public / no : •.A,jyt��p C ion expires: /-/F—O NN\\OF COQ— y Curran Wet a*all Sin Brip is,CO Page 1 of 2 pages 1111111 1111111111111111111111 1111111111 III 111111111 1111 2960057 06/11/2002 11:44A Weld County, CO 1 of 3 R 0.00 0 0.00 J.A. "Suki" Tsukamoto 0200;1-077 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 Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 29th day of May , 2002 . ATTEST: AV", COUNTY OF WELD, A BODY !•, CLERK TO THE OAR safi F ti J'S. CORPORATE AND POLITIC OF THE COUNTY COMMISSIS1 ' e '' `% STATE OF COLORADO THE COUNTY OF WE- 1( � • .. 110 ` �t�p�Q fir' I BY: fin , Co- c- , �"'�' BY: Aug 14 Deputy Clerk to the Board Glenn Vaad, Chair, (approved 04/22/02) BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 29th day of May ,20 O2,by Glenn Vaad,Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and offici.: 'Zit DONNA J. " • I BECHLERitzt e�� ,` s•. . . .t- ......... ary'Public FopcoJ My commission expires: My Commission fipba April lit 2004 Page 2 of 2 page 111111 11111 1111111 1111 1111111111111111 Milt lIII I'll 2960057 06/11/2002 11:44A Weld County, CO 2 0l 3 R 0.00 D 0.00 J.A. "Suki" Tsukamoto 0200;1.- 0977 • EXHIBIT A LEGAL DESCRIPTION A strip of land, 5.00 feet in width, being located in the Northwest One-Quarter of Section 33, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Northwest corner of the Northwest One-Quarter of said Section 33, from whence the Northeast corner of the Northwest One-Quarter of said Section 33 bears N89°39'26"E, with all bearings herein relative thereto; thence N89°39'26"E along the North line of said Northwest One-Quarter a distance of 873.00 feet; thence S00°20'34"E a distance of 30.00 feet to a point on the South line of Weld County Road#4 and the POINT OF BEGINNING; thence N89°39'26"E along the South line of Weld County Road #4 a distance of 300.00 feet; thence S00°20'34"E a distance of 5.00 feet; thence 589°3926"W a distance of 300.00 feet; thence N00°20'34"W a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.034 acres, more or less. Note: The above description was prepared by Leon W. Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Frederick Land Surveying, 111111111111111111IIII1111111111111111 III III IillIIII 39of037R 0.00 Z002 o 0.001:44A Weld County, CO J.A. "Suk'd"" Tsukanoto aooa—o977 MEMORANDUM reti . ;;H. , TO: Clerk to the Board DATE: May 21, 2001 W 1 FROM: F Bo Hempen, Jr. ODirectorrank . of Public Works/County Enginee • SUBJECT: Item for Chair's Signature COLORADO Please submit the enclosed Deed of Dedication for the Chair's signature and the recording process. The appropriate documentation is attached. Enclosures pc: Leon Sievers M:\W PFILES\Francie\AGENDA-6.IRC.wpd 0C C)Ci 77 Hello