HomeMy WebLinkAbout20020453.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 - GEORGE D. KILKER TRUST
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 the George D. Kilker Trust, c/o
Fred Steele, Trustee, 3 North Main, Brighton, Colorado 80601, 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 the George D. Kilker Trust, c/o Fred Steele, Trustee, 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 25th day of February, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY C LORADO
ATTEST: fL v1,4,,Q) S Yaisea
k +¢s GI Vaad, Chair
Weld County Clerk to th Rd,..r, . a—
BY: David E. Lo , Pro- m
�_ ✓ � ��fxH �I
Deputy Clerk to the Bo. z. � etc.
M. J. eile
APPR ED F M:
William H. Jerke
oun ttor e & Ito ,Jt..
Robert D. Masden
Date of signature: ')
2002-0453
EG0046
Pct Raki,
913
•
• AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 4 BETWEEN GEORGE D. KILKER TRUST AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this 7-(4... day of Eel. ,2002,by and between George
D.Kilker Trust,Fred W. Steele,Trustee,whose address is 3 North Main,Brighton,Colorado 80601,
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 Twelve Hundred Twenty and no/100 ($1220.00)
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
111111111111111111111111111111111111111111111111
2928913 02/28/2002 01:27P JA Suki Tsukamoto 02�� O4453
1 of 4 R 0.00 D 0.00 Weld County CO
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 1330 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. Existing gates will be moved to the new fence line.
9. Owner agrees to Grant County access onto that part of the northeast corner of the
Northeast One-Quarter of Section 32,Township 1 North,Range 65 West of the Sixth
Principal Meridian to reconstruct two existing driveways to be compatible with the
new road elevations.Access will be Granted by using substantially the Right of Entry
form which is attached hereto as Exhibit "B".
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
I fill 1111111IIII IIII111111111111DINER
2928913 02/28/2002 01:27P 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:
GEORGE D. KILKER TRUST
Fred W. Steele, Trustee
TAX ID NUMBER:
8� - 62,08067
ATTEST: fit, / ��,.,' j- � BOARD OF COUNTY COMMISSIONERS
ss, OF WELD COUNTY, STATE OF
COLORADO \,
1861 Z� 1G
Weld County Clerk to t� B �,�tQ��'',
O �
By: / `� N t11 BY: At lI
Deputy Clerk to the Board ■. Glenn Vaad, Chairman 15Pin3)
Page 3 of 3 Pages
1111111111111111111111111111111 111111111 11111 IIII 1111
2928913 02/26/2002 01:27P JA Suki Tsukamoto
3 of 4 R 0.00 D 0.00 Weld County CO
EXHIBIT A
LEGAL DESCRIPTION
The South 10.00 feet of the North 40.00 feet of the East One-Half of the Northeast One-Quarter
of Section 32, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of
Weld, State of Colorado and containing 0.305 acres, more or less.
The above described parcel 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, 1528 North Lincoln Avenue, Loveland, Colorado 80539.
1111111 11111 1111111 1111 IIII 111111 111111 III Until
IIII
2928913 02/28/2002 01:27P JA Suki Tsukamoto
4 of 4 R 0.00 0 0.00 Weld County CO
iscitario
MEMORANDUM ,r
CTO: Clerk to the Board DATE: February 19, 2002
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Request for Chair's Signature
Please submit the enclosed documents for the Chair's signature.
Agreement for Purchase of Right-of-way for Certain Improvements
to WCR 4 with George D. Kilker Trust
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:AWPFILES\FrancieASIGNATURE.wpd
2002-0453
78O, •
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that George D. Kilker Trust, Fred W. Steele,
Trustee, whose address is 3 North Main, Brighton, Colorado 80601, 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.
George D. Kilker Trust
Fred W. Steele, Trustee
STATE OF COLORADO )
) ss.
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me this 26thday of
March , 2002 , by Fred W. Steele, Trustee of the George D. Kilker Trust.
Witness my hand and official seal.
Notary Public 3 North Main Street
Brighton, CO 80601
My commission expires: June 6, 2003
11: OO6
-t,S.�• ?,'
Page 1 of 2 pages
111111IIII' DEB VIIIVIII1111 DIE III VIIIIIII1111
2940780 04/08/2002 10:56A JA Suki Tsukamoto
1 of 3 ft 0.00 D 0.00 Weld County CO ;;{CO2- O1/53
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(I)(a).
Dated this 1st day of April , 20 02 .
ATTEST:,ga COUNTY OF WELD, A BODY
CLERK TO THE BOA IE Z CORPORATE AND POLITIC OF THE
COUNTY COMMISSI �E' •F ,`�.��` STATE OF COLORADO
THE COUNTY OF W l�' 1
( _0�, -,
1 in; �l
£'GIL At-
Deputy
Clerk to the Board Glenn Vaad, Chair, (signed 04/01/2002)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
(approved 02/25/2002)
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 1st day of
April ,20 02 ,by Glenn Va.. Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD. ---"-s"1
gyp,........• 6 .
O/DONNA J. f
Witness my hand and offis:al
ietiECHLER
FOF.... `Notary Public
My Commission Expires April 10,2004
My commission expires:
Page 2 of 2 page
111111111111 1111111 11111111111111111111 III IIII1 1111 IIII
2940780 04/08/2002 10:56A JA Suki Tsukamoto
2 of 3 R 0.00 D 0.00 Weld County CO
EXHIBIT A
LEGAL DESCRIPTION
The South 10.00 feet of the North 40.00 feet of the East One-Half of the Northeast One-Quarter
of Section 32, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of
Weld, State of Colorado and containing 0.305 acres, more or less.
The above described parcel 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, 1528 North Lincoln Avenue, Loveland, Colorado 80539.
1111111 11111 gli IIItt 11111 111111111 III 11111 11111111
2940780 04/08/2002 10:56A JA Suki Tsukamoto
3 of 3 R 0.00 D 0.00 Weld County CO
MEMORANDUM
a fit & TO: Clerk to the Board DATE: March 26, 2002
FROM: Leon Sievers, Right-of-Way Agent P
iiiipe. SUBJECT: Item for Chair's Signature
COLORAD
Please submit the enclosed documents for the Chair's signature.
1. Deed of Dedication from George D. Kilker Trust, Fred W. Steele, Trustee
2. Deed of Dedication from Marian G. Kilker Estate, Fred W. Steele, Personal
Representative
The appropriate documentation is attached.
Enclosures
pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer
r..a
M:\W P F ILESWranci e\S IGNATURE.wpd
c%Zocbt^ W St
Hello