HomeMy WebLinkAbout20020723.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT AND QUIT CLAIM DEED FOR
THE TRANSFER OF A PORTION OF WELD COUNTY ROAD 1, ASSUMPTION OF
MAINTENANCE AND ANNEXATION THEREOF, TO AND BY THE TOWN OF
BERTHOUD, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
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 Town of Berthoud ("Berthoud") desires to annex a portion of Weld
County Road ("WCR") 1, being the west 30 feet of the West half of Section 19, Township 4
North, Range 68 West of the 6th P.M., and
WHEREAS, Berthoud has submitted to the Board of County Commissioners an
Intergovernmental Agreement to transfer said portion of WCR 1 by quit claim deed to Berthoud,
so that Berthoud will then be able to expedite such annexation, and
WHEREAS, said Intergovernmental Agreement requires Berthoud to maintain said
portion of WCR 1 after the date of recording of the quit claim deed, such maintenance being in
cooperation with Larimer County, and
WHEREAS, the Board of County Commissioners deems it advisable to approve said
Intergovernmental Agreement and quit claim deed, and authorize the Chairman to sign both.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for the Transfer of a Portion of
Weld County Road 1, Assumption of Maintenance and Annexation Thereof, to and by the Town
of Berthoud and associated quit claim deed be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners that the
Chairman be, and hereby is, authorized to sign both documents and that the Clerk to the Board
is directed to record such quit claim deed after the Chairman's signing thereof.
2002-0723
EG0046
RE: APPROVE INTERGOVERNMENTAL AGREEMENT AND QUIT CLAIM DEED FOR THE
TRANSFER OF A PORTION OF WELD COUNTY ROAD 1, ASSUMPTION OF
MAINTENANCE AND ANNEXATION THEREOF - TOWN OF BERTHOUD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: ►�� - __ _ <: .�
Glen aad, Chair
Weld County Clerk to the Board
�J /J David E. Lon•/Pro-Tem
BY: Deputy Clerk to the Board
. . mile
APP AS Tp •
William H. Jerke
my ne EXCUSED
Robert D. Masden
Date of signature:
2002-0723
EG0046
INTERGOVERNMENTAL AGREEMENT FOR THE TRANSFER OF A PORTION OF
WELD COUNTY ROAD 1, ASSUMPTION OF MAINTENANCE AND ANNEXATION
THEREOF, TO AND BY THE TOWN OF BERTHOUD
THIS AGREEMENT is entered into this 25th day of March, 2002, by and between the
Town of Berthoud, a municipal corporation of the State of Colorado, whose address is 328
Massachusetts Avenue, P.O. Box 1229, Berthoud, CO 80513, hereinafter referred to as "Town,"
and the County of Weld, a political subdivision of the State of Colorado, by and through the
Board of County Commissioners of the County of Weld, whose address is 915 10th Street, P.O.
Box 758, Greeley, Colorado 80632, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County desires to transfer, by quit claim deed, to Town ownership and all of
County's maintenance responsibilities for the approximately 30 feet of Weld County Road 1
within Weld County (east half), extending south from Colorado State Highway 56 to its
intersection of Weld County Road ("WCR") 42, and
WHEREAS, Town agrees to accept said ownership and maintenance responsibilities
upon execution of said quit claim deed by County, with the intent that Town will cooperate with
Larimer County for maintaining the entire width of said stretch of WCR 1, and with the intent
that Town will annex the entire width of said stretch in the future, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(a).
NOW, THEREFORE, in consideration of the mutual promises and covenants stated
herein, the parties hereto agree as follows:
1. COUNTY AGREES:
a. To deed, by quit claim deed, to Town the approximately 30 feet of Weld
County Road 1 within Weld County (east half), extending south from
Colorado State Highway 56 to its intersection of Weld County Road
("WCR") 42. A description of said stretch of WCR 1 is attached hereto
and incorporated herein as Exhibit "A." Said quit claim deed shall be
approved by the Board of County Commissioners of Weld County and
signed by the Chairman thereof in accordance with its regular procedure,
then recorded in the Office of the Weld County Clerk and Recorder.
b. To waive its right to receive an annexation impact report for the
annexation of said stretch of WCR 1, or for the annexations to be known
as "Town of Berthoud Utility First Annexation" and "Town of Berthoud
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Utility Second Annexation."
2. TOWN AGREES:
a. To approve a petition for annexation to the Town for the annexation of the
approximately 30 feet of Weld County Road 1 within Weld County (east
half), extending south from Colorado State Highway 56 to its intersection
of Weld County Road ("WCR") 42, as per the description set forth in
Exhibit "A." Town shall maintain said stretch of WCR 1 after the date of
recording of the quit claim deed, and shall cooperate with Larimer County
for annexing and maintaining the entire width of said stretch of WCR 1.
b. To accept ownership of the approximately 30 feet of Weld County Road 1
within Weld County (east half), extending south from Colorado State
Highway 56 to its intersection of Weld County Road ("WCR") 42, as per
the description set forth in Exhibit "A," upon the signing and recording of
the quit claim deed as contemplated in Subparagraph l.a., above.
3. SEVERABILITY:
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
4. NO THIRD PARTY BENEFICIARY ENFORCEMENT:
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
5. MODIFICATION AND BREACH:
This Agreement contains the entire agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Agreement shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of
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this Agreement shall be deemed waived or excused, unless such waiver or consent
shall be in writing and signed by the party claimed to have waived or consented.
Any consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shall not constitute a consent to, waiver of, or excuse
for any other different or subsequent breach.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement the,?D day of
March 2002.
ATTEST: TOWN OF BERTHOUD, a municipal
Corporation of the State of Colorado
BYU hi lit tJ� � By: C'In,� LCw S
Mary K. � in 7
wdin,�, Town Clerk Milan Karspeck, Mayor
ATTEST: / A 7' COUNTY OF WELD, a political
Weld Cou ty��6�78fk . ..i " a\ subdivision of the STATE OF
COLORADO
1861 �L9_?
/ . / By: 444/dde2S.
By:
Deputy Clerk to the : i . °�' <r _ Glenn Vaad, Chairman (03/25/2002)
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Exhibit "A"
That portion of Section 19, Township 4 North, Range 68 West of the 6`h P.M., County of Weld,
State of Colorado, being more particularly described as follows:
Considering the North line of said Section 19 as bearing North 88°59'18" East and with all
bearing contained herein relative thereto:
BEGINNING at the Northwest Corner of said Section 19; thence along the North line of said
Section 19 North 88°59'18" East 30.00 feet; thence South 00°36'48" West 5,256.66 feet, more or
less, to the South line of said Section 19; thence along said South line of said Section 19 South
89°36'37" West 30.00 feet, more or less, to the Southwest Corner of said Section 19; thence
North 00°36'48" East 5,256.66 feet, more or less, to the Northwest Corner of said Section 19 and
the TRUE POINT OF BEGINNING.
The above described parcel contains 3.62 acres, more or less.
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QUIT CLAIM DEED
THIS DEED is made this 25th day of March , 2002, between Weld County,
Colorado, a body politic and corporate of the State of Colorado of the first part, and the Town of
Berthoud, a municipal corporation of the State of Colorado, whose address is 328 Massachusetts
Avenue, P.O. Box 1229, Berthoud, CO 80513, of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of the sum
of One Dollar($1.00) and other good and valuable consideration, to the said party of the first part
in hand paid by the said party of the second part, the receipt whereof is hereby confessed and
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second
part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand
which the said party of the first part has in and to the parcels of land situate, lying and being in
the County of Weld and State of Colorado, to wit:
All of the real property described in the attached Exhibit "A."
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto 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, heirs and assigns
forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
IN WITNESS WHEREOF, I, Glenn Vaad, Chairman of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said County and by
virtue of the Order contained in the Resolution made by said Board of County Commissioners on
the 25thday of March , 2002, have hereunto set my hand and affixed the seal of said
County this Lk,of March , 2002, for the uses and purposes therein set forth.
ATTEST: (/L _ / I�aa% COUNTY OF WELD, STATE OF
/bv+� ilcta COLORADO, A BODY POLITIC AND
CLERK TO THE BOA OF •` CORPORATE OF THE STATE OF
COUNTY COMMISSI IT sz; COLORADO
BY: a• ,r . _ t/ K1 / ‘Y`\\ '; BY:
Deputy Clerk to the Board _ Glenn Vaad, Chairman (03/25/2002)
STATE OF COLORADO )
County of Weld ) ss.
The foregoing instrument was acknowledged before me this 25thday of March ,2002,
by Glenn Vaad, as Chairman of the Board of County Commissioners of the County of Weld, State
of Colorado. -- •SeY
Witness my hand and of /il eal this B •
a•
Wof March , A.D., 2002.
DONNA J. °
• • BECHLER _
My commission expires: d}••• e 4,91
\ F OF cot,
-5.---
........Commission Expires April BE 2004
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Exhibit "A"
That portion of Section 19, Township 4 North, Range 68 West of the 6`h P.M., County of Weld,
State of Colorado, being more particularly described as follows:
Considering the North line of said Section 19 as bearing North 88°59'18" East and with all
bearing contained herein relative thereto:
BEGINNING at the Northwest Corner of said Section 19; thence along the North line of said
Section 19 North 88°59'18" East 30.00 feet; thence South 00°36'48" West 5,256.66 feet, more or
less, to the South line of said Section 19; thence along said South line of said Section 19 South
89°36'37" West 30.00 feet, more or less, to the Southwest Corner of said Section 19; thence
North 00°36'48" East 5,256.66 feet, more or less, to the Northwest Corner of said Section 19 and
the TRUE POINT OF BEGINNING.
The above described parcel contains 3.62 acres, more or less.
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