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Home My WebLink About20022861.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 15, ACCEPT DEED OF DEDICATION, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - PATTY PIKE 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 15 and 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 Patty Pike, 7233 Weld County Road 72, Windsor, Colorado 80550, with terms and conditions being as stated in said agreement and deed, and WHEREAS, after review, the Board deems it advisable to approve said agreement, and accept the Deed of Dedication, copies of which are 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 15 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 Patty Pike be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Deed of Dedication, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2002-2861 Ce , Alf), /'w EG0046 RE: PURCHASE RIGHT-OF-WAY FOR WCR 15 AND DEED OF DEDICATION - PATTY PIKE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of October, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO ATTESTY4& * E j �) 490, f - GI Vaad, ChWeld County Clerk to th �� cfr Si4 ng, Pro e Deputy Clerk to the Boat art-c4: M. J. Geile APPROVED.$ TO FOR Willaer e � my A to ey i � . �k �er.4—. Robert D. Masden Date of signature: /�/6 2002-2861 EG0046 042 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 15 BETWEEN PATTY L. PIKE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 1K day of (1c-4o Lai ,2002,by and between Patty L. Pike,whose address is 7233 Weld County Road 72,Windsor, Colorado 80550,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 15, 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 Three Hundred Fifty and no/100 ($350.00) 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 1111111 11111 11111 IIII 11111111111 III11111IIII IIII 3006042 11/18/2002 02:37P Weld County, CO 1 of 5 R 0.00 0 0.00 J.A. "Suki" TsukamotoGG2-.>28C1 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. County will remove and replace approximately 114 feet of the existing fence along the east right of way line of Weld County road 15 with a 4 strand barbed wire fence with wood and steel fence posts. County will remove approximately 6 feet of white fiberglass fence along the north right of way line of Weld County road 72. County will move the existing white corner fence post approximately 6 feet east. 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 1111111111111111111 VII11111111111 VIII III 11111111111 3006042 11/18/2002 02:37P Weld County, CO 2 of 5 R 0.00 0 0.00 J.A. "Suki" Tsukamoto IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Patty L. Pike TAX ID NUMBER: J23 -56 -6 %3S ATTEST: BOARD OF COUNTY COMMISSIONERS L 4" a� OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to the y / �, ` �� Pt. By= BY: tAl( Deputy Clerk to the Board` -` t Glenn Vaad, Chairman Page 3 of 3 Pages 1111111111111111111 VIII Ell 111111 IlllI III 1111 IIII IIII 3006042 11/18/2002 02:37P Weld County, CO 3 of 5 R 0.00 D 0.00 J.A. "Suki" Tsukamoto .,,a`, _a374/ EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southwest One-Quarter of Section 5, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado and described as follows: Commencing at the Southwest corner of the Southwest One-Quarter of said Section 5, from whence the Northwest corner of the Southwest One-Quarter of said Section 5 bears N00°00'00"E, with all bearing herein relative thereto; thence N44°28'22"E a distance of 42.82 feet to the east right of way line of Weld County road 15 and the north right of way line of Weld County road 72 and the POINT OF BEGINNING; thence N00°00'00"E along the east right of way line of Weld County road 15 a distance of 114.77 feet to a point of non-tangent curve to the right; thence 114.81 feet along the arc of said curve, whose radius is 2339.9 feet, central angle of 02°48'43" and chord bears S03°07'48"E a distance of 114.80 feet to the north right of way line of Weld County road 72; thence S88°56'43"W along the north right of way line of Weld County road 72 a distance of 6.27 feet to the POINT OF BEGINNING and containing 0.009 acres, more or less. 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, 1528 North Lincoln, Loveland, Colorado. 111111 VIII IIIIIII VIII IIII IIIIII VIII III VIII IIII IIII 30060 " 5 R 0.00 D 0.00 J.A. 0 Suki"" Tsuka ato EXHIBIT MAP A W1 /4 Cor Sec 5-6-67 C, W K i Q G W m O a b � O n zal R=2339.39' L=114.81 ' Ls=2'48'43" CH=S03'07'48"E 114.80' CO 0 0 0 0 0 0 z , -----S88'56'43"W 6.27' ÷bcb p`b 60 ' ROW SW Cor WCR 72 Sec 5-6-67 0`0 60 111111111111111111' VIII 1111111111 VIII III 111111111 IIII NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 3006042 11/18/2002 02:37P Weld County, CO LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 5 of 5 R 0.00 0 0.00 J.A. "Suki" Tsukamoto ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SIIP VEV L\/S DESIGN WELD COUNTY ROAD 15 DEED DESCRIPTION 1 OF 1 DATE OCTOBER 14. 2002 EXHIBIT MAP Oa DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Patty L. Pike, whose address is 7233 Weld County Road 72, Windsor, Colorado 80550, 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. (-7: achai Patty Like, Owner STATE OF COLORADO ) ) ss. COUNTY OF s z.C ) The foregoing instrument was acknowledged before me this day of Q*Or , 20 6'3,-lsy Patty L. Pike, Owner Witness my hand and official seal. ( � Trfl Notary Public My commission expires: My Commission Expires 05/15/2006 `'° rs c. se :01 •L ,••• J ... 'J .i j Yi Page 1 of 2 pages I 111111 11111 It 11111 /III III CO 1 o 3006043 f R 0 2:37P Weld 0.00 00.00 J.A. "Suki" Tsuka oto „?oo-2-02g&I 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 28th day of October , 20 02 ATTEST:LI/4v COUNTY OF WELD, A BODY CLERK TO THE BOARD OF IS p CORPORATE AND POLITIC OF THE COUNTY COMMISSIONE a STATE OF COLORADO THE COUNTY OF WELD - C�� ef BY: getak Vii'1 BY: / 4 Deputy Clerk to the Board Glenn Vaad, Chair, 2002) BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 28th day of October ,20 02 ,by Glenn Vaad,Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. r` pStY Witness my hand and official se. ; _- °. I SHARON 1 11 ; KAH tf�. 'o aryj i.lic 9 OF COLOp'r My commission expires: My Commission Expires May 15,2006 Page 2 of 2 page HBO 11111 111111111111 IIII 11111111111 III 11111 IIII IIII 3006043 11/18/2002 02:37P Weld County, CO 2 of 4 ft 0.00 D 0.00 J.A. "Suki" Tsukamoto „2vc,2- 28u./ EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southwest One-Quarter of Section 5, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado and described as follows: Commencing at the Southwest corner of the Southwest One-Quarter of said Section 5, from whence the Northwest corner of the Southwest One-Quarter of said Section 5 bears N00°00'00"E, with all bearing herein relative thereto; thence N44°28'22"E a distance of 42.82 feet to the east right of way line of Weld County road 15 and the north right of way line of Weld County road 72 and the POINT OF BEGINNING; thence N00°00'00"E along the east right of way line of Weld County road 15 a distance of 114.77 feet to a point of non-tangent curve to the right; thence 114.81 feet along the arc of said curve, whose radius is 2339.9 feet, central angle of 02°48'43" and chord bears S03°07'48"E a distance of 114.80 feet to the north right of way line of Weld County road 72; thence S88°56'43"W along the north right of way line of Weld County road 72 a distance of 6.27 feet to the POINT OF BEGINNING and containing 0.009 acres, more or less. 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, 1528 North Lincoln, Loveland, Colorado. 1111111 "III 1111111 IIIII IIII 111111 IIIII III IIIII IIII IIII 3006043 11/18/2002 02:37P Weld County, CO 3 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto EXHIBIT HAP A W1 /4 Cor Sec 5-6-67 L7 z O QW O m O O W b � z (11 co'_^ R=2339.39' L=114.81 ' tr) O=2'48'43" CH=S03'07'48"E iw 114.80' CO 0 0 0 0 0 0 z ry`L , ----S88'56'43"W 6.27' tx •" �� 60 ' ROW SW Cor WCR 72 Sec 5-6-67 0 15 30 60 111111111111111111111111IIII11111111111IIIIIIIIIIIIIIII 3006043 11/18/2002 02:37P Weld County, CO NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTEO LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 4 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LVS on. WELD COUNTY ROAD 15 DEED DRAWN DESCRIPTION 1 OF 1 OAT! OCTOBER 14 8002 EXHIBIT MAP Kik MEMORANDUM- rmr r L TO: Esther Gesick DATE: Oct. 24, 2002 C Clerk to the Board • COLORADO FROM: Frank B. Hempen, Jr. Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit this item for the Board's approval: Agreement, Deed of Dedication, and Acceptance for the Purchase of Right-of-Way for Improvements to WCR 15 with Patty L. Pike. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\WPFILES\Francie\agendale n-I.wpd 2002-2861 Hello