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Home My WebLink About20020452.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 - MARIAN G. KILKER ESTATE 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 Marian G. Kilker Estate, do Fred Steele, Personal Representative, 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 Marian G. Kilker Estate, c/o Fred Steele, Personal Representative 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 ATTEST: -Sc. WEL COUNTY, � E'2uN LORADO GI nn Vaad, Chair Weld County Clerk to t ,E% A David E. - ong, Pro-Tem Deputy Clerk to the Bo -+-1 -171-2:3"'-' M. J. Geile APP AST F . "1/ t-e- William H. Jerke C my Attorne (� g 3/s Robert D. Masden ate of signature: 2002-0452 EG0046 PC P W I KLUCu) • 914 • AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 4 BETWEEN MARIAN G. KILKER ESTATE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /114-day of Fell ,2002,by and between Marian G.Kilker Estate,Fred W. Steele,Personal Representative,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 Five and no/100($1205.00)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 111111111111111111111111111111111 III 11111 DEB 2928914 02/28/2002 01:27P JA SukiTsukamoto amz-0 15 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 1050 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 removed and replaced by County. 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 111111111111 IIII It 111111111111 III IIII1 IIII I'll 2928914 02/28/2002 01:27P JA Suki Tsukamoto 2 of 4 R 0.00 0 0.00 Weld County CO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: MARIAN G. KILKER ESTATE Fred W. Steele, Personal Representative TAX ID NUMBER: So - (000277? ATTEST: , �� {% •' BOARD OF COUNTY COMMISSIONERS '��"'�� OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to t t B 1861 r:.;Nye -1 ;te:lias)� By: wit ._ / 1' ,; .I BY: ,1-612 „ Deputy Clerk to the / � Glenn Vaad, Chairman toiaStA Page 3 of 3 Pages 11111111111111111111111 1111 111111111111 III VIII IIII IIII 2928914 02/28/2002 01:27P JA Suki Tsukamoto 3 of 4 R 0.00 D 0.00 Weld County CO • EXHIBIT A LEGAL DESCRIPTION The North 10.00 feet of the South 40.00 feet of the East 1074.00 feet of Parcel B, Recorded Exemption 1473-29-4-RE411 as recorded under Reception#1802825 in the Office of the Clerk and Recorder, Weld County, Colorado and located in Section 29, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado containing 0.241 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 the Recorded Exemption 1473-29-4-RE411 and survey information provided by Frederick Land Surveying, 1528 North Lincoln Avenue, Loveland, Colorado 80539 111111111111111111111111111 111111111111 III 11111 IIII lilt 2928914 02/28/2002 01:27P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO MEMORANDUM . - . 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 Marian G. Kilker Estate Enclosures pc: Leon Sievers, Right-of-Way Agent M:\W PFILFS\Fran cie\S IGNATURE.wpd 2002-0452 7.81 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Marian G. Kilker Estate, Fred W. Steele, Personal Representative, 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. G. Capt— U 2�ox.c Q Marian G. Kilker Estate Fred W. Steele, Personal Representative STATE OF COLORADO ) ) ss. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this 26tltlay of March , 20 02 , by Fred W. Steele, Personal Representative of the Marian G. Kilker Estate. Witness my hand and official seal. No ary Public 3 North Main Street Brighton, CO 80601 My commission expires: June 6, 2003 .^,,. °.. r3\l d`:r`*' -0-O-O- ee Page I of 2 pages 1 111111 11111 1111111 11111 VIII 1111 111111 111 11111 IIII IIII 2940781 04/08/2002 10:56A JA Suki Tsukamoto 1 of 3 R 0.00 D 0.00 Weld County CO _Roo.2.-o4/5a 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 1st day of April , 20 02 . ATTEST: datelells � � /`% COUNTY OF WELD, A BODY CLERK TO THE BOA' '1• ''' ' 4 S CORPORATE AND POLITIC OF THE COUNTY COMMISSItfE' ��(�y. �1 STATE OF COLORADO THE COUNTY OF W 'ti et � :i7.' n it %mit BY: .z..., 6 ��annt. BY: 4401‘eid 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 G__r,;...,,ad,Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD/ p�( P V'•• iOr e % ' _= DONNA J.r •: Witness my hand an.;oftc:EOHLER ; Pr Notary Public My CoaabsSea Expires Apia 10.2004 My commission expires: Page 2 of 2 page 11111111111111111111111111111 1111111111 III KIM IIII 2940781 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 North 10.00 feet of the South 40.00 feet of the East 1074.00 feet of Parcel B, Recorded Exemption 1473-29-4-RE411 as recorded under Reception#1802825 in the Office of the Clerk and Recorder, Weld County, Colorado and located in Section 29, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado containing 0.241 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 the Recorded Exemption 1473-29-4-RE411 and survey information provided by Frederick Land Surveying, 1528 North Lincoln Avenue, Loveland, Colorado 80539 1111111 II IIIII 1111 11111 III 111111111111 3 2940781 0.00 W County� ukamota CO 3 R 0.00 d MEMORANDUM - a AgpiTO: Clerk to the Board DATE: March 26, 2002 FROM: Leon Sievers, Right-of-Way Agent CSUBJECT: Item for Chair's Signature COLORADO 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 M\WPFILES\Francie\SIGNATURE.wpd ,20c%Z— S� Hello