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Home My WebLink About20020542.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 - DENNIS AND CHERYL KILKER 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 Dennis and Cheryl Kilker, 19628 Weld County Road 4, Brighton, Colorado 80603-9428, 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 Dennis and Cheryl Kilker, 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 6th day of March, A.D., 2002. BOARD OF/COUNTY COMMISSIONERS WEL ORADO 7Nu- Lil GI . Vaad, Chair ��1�� Iasi I;/�iV'��,-: -rk to the Board `so fw�4 / David E. L. 6, Pro-Tem Clerk Board M. J. 'eile APPROV' ' AS T• OR . 1 / ,?/k.,-2 �i William H. Jerke �fnty Attorney EXCUSED Robert D. Masden Date of signature: 3 , 2002-0542 EG0046 cpPco AGREEMENT 778 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 4 BETWEEN DENNIS KILKER AND CHERYL KILKER AND WELD COUNTY, COLORADO ry THIS AGREEMENT is made this '2 5 day of reB. ,2002,by and between Dennis Kilker and Cheryl Kilker,whose address is 19628 Weld County Road 4,Brighton,Colorado 80603- 9428, 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 10th 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 Eight Hundred Ten and no/I 00 ($810.00) 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 113 Nit 2931778 03108/2002 1 of 4 R 0.00 D 0.00 Weld County CO �ooa.os9� 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. 8. Weld County will remove approximately 710 If of existing fence presently located along the southerly right of way of Weld County Road 4.Weld County will replace the fence with a four strand barbed wire,steel and wood post fence with post spacing approximately every 16 feet and a wood post set approximately every fourth post. The new fence will be constructed along the new southerly right of way line of Weld County Road 4. 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. Page 2 of 3 Pages 1111111 111111111111111111II 111111111111 III HUH IIII 2931778 03/08/2002 04:10P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: OWNER: Dennis Kilker 1 Kilker TAX ID NUMBER: TAX ID NUMBER: 59.3 - St-'sa9 5-2.1-1 - 7g -)01619 ATTEST: �;,� '! l `� BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO y Weld County Clerk t r e : }: .�.;-%IP By: . By:S4 Deputy Clerk to the Board Glenn Vaad, Chairman (a.3/o6/2„) 1111111111111111111IIII till Itill1111111 III 11111IIII III 39of7 4$ R 0.00/2002 D 0.00 4:10P JA Suki W Weld County COukamato Page 3 of 3 Pages EXHIBIT A The South 10.00 feet of the North 40.00 feet of Lot A, Recorded Exemption 1473-32-1-RE2278, as Recorded under Reception# 2635491 in the Office of the Clerk and Recorder, Weld County, Colorado and located in the Northeast One-Quarter of Section 32, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado, containing 0.162 acres, more or less. The above description was prepared by Leon W. Sievers, Right of Way Agent in and for Weld County, Colorado and was based on Recorded Exemption 1473-32-1-RE2278 as found under Reception# 2635491 in the Office of the Clerk and Recorder, Weld County, Colorado 111111 IIIII 1111111 IIII 111 111111111 11 X111 2931778 R 00 774 3 120 0.00 Weld County CO oi MEMORANDUM f;i4 • 6 TO: Clerk to the Board DATE: March 1, 2002 NiueFROM: Frank B. Hempen, Jr. Director of Public Works/County Engineer COLORADO SUBJECT: Agenda Item 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 Dennis Kilker and Cheryl Kilker, and Weld County_ The appropriate documentation is attached. Enclosures _ pc: Leon Sievers, Right-of-Way Agent WCR 4 file M:AWPFILES\FrancieAAGENDA.IRC 2002-0542 197 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Dennis Kilker and Cheryl Kilker, whose address is 19628 Weld County Road 4, Brighton, Colorado 80603-9428, 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. Dennis Kilker, wner Ch 1 Kilker, Owner STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this/ac day of , 20U2-1-by Dennis Kilker and Cheryl Kilker, Owners „willmil Wi ness my hand ad. { l(n • NO;ARY : N PUBLIC;8 Notary My commission expire`."OF tmtico `��`` My Commission Expires 3.11.1006 1111111 11111 1111111 VIII III 1111111 VIII III BUM IIII 2946197 04/26/2002 11:12A JA Suki Tsukamoto 1 of 3 R 0.00 0 0.00 Weld County CO Page 1 of 2 pages 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 a&J day of iki.cif , 20az . ATTEST: �� H 4 h" / COUNTY OF WELD, A BODY CLERK TO THE OA •F CORPORATE AND POLITIC OF THE COTHE COUNTY OF WETY ONE L� 4O �, LA• STATE OF COLORADO of. �a pnq BY: Lw-A) '�i [t"� BY: Deputy Clerk to the Boa , Glenn Vaad, C . -D'd- a3-o a-- am viass ir BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD (approved 03/06/02) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this OW-t/ day of ,20677,by Glenn ..d Chair, BOARD OF COUNTY COMMISSIONERS OF HE COUNTY OF WELD. _---"col PV'••. B� • of Xti ... I.Witness my hand and o U 14'DBtHLER j� OFCW._.. Notary Public 0 My C...kska Was April 1k 2004 My commission expires: PnOP 2 of 2 page 1 1111li 11111 1111111 11111 111 1111111 HI 111 11111 1111 1111 2 9 of 3 7 R 0.00,2002 D 0.00 11:12A sukamoto Weld County CO EXHIBIT A The South 10.00 feet of the North 40.00 feet of Lot A, Recorded Exemption 1473-32-1-RE2278, as Recorded under Reception# 2635491 in the Office of the Clerk and Recorder, Weld County, Colorado and located in the Northeast One-Quarter of Section 32, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado, containing 0.162 acres, more or less. The above description was prepared by Leon W. Sievers, Right of Way Agent in and for Weld County, Colorado and was based on Recorded Exemption 1473-32-1-RE2278 as found under Reception# 2635491 in the Office of the Clerk and Recorder, Weld County, Colorado 1461%VIII IIIIIII VIII III IIIIIII VIII III VIII IIII IIII 29469 3 of 3 R 0.00 D 0.00 Weld County CO MEMORANDUM • a r00 TO: Clerk to the Board DATE: April 16, 2002 j FROM:Niue Frank B. Hempen, Jr., Director of Public Works/County Enginee SUBJECT: Item for Chair's Signature COLORADO Please submit the enclosed document for the Chair's signature. 1. Deed of Dedication from Dennis Kilker and Cheryl Kilker The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M\W P FI LES`Z E L.M A\S IGN ATU R E.wpd c E%e=3 Dsy�- Hello