HomeMy WebLinkAbout20032615.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 3.25 AND AUTHORIZE
CHAIR TO SIGN - REFLECTION BAY HOMEOWNERS' ASSOCIATION
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 3.25 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 Reflection Bay Homeowners' Association,
Greg Balmes, President, 7227 Reflection Bay Drive, Erie, Colorado 80516, 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 3.25 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 Reflection Bay Homeowners' Association, Greg Balmes,
President be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary doucments.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of September, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
//� W CODUNTY, CO ORADO
ATTEST: ,/'//u
David . . o g, hair
Weld County Clerk to the =,oard
Robert ► asden, Pro-Tem
the Board /// 164--/
1861 1 likstp M. J. Geile
Willis H. Jerke
County "r y
Glenn Vaad
Date of signature: 9"•�r
2003-2615
EG0047
001. ft, ad 4,1)2--, Pie 19
AGREEMENT
9.5%
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 3.25 BETWEEN REFLECTION BAY HOMEOWNERS
ASSOCIATION AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this ,Qlp day of , 2003, by and between
Reflection Bay Homeowners Association, Greg E. Balmes, President whose address is 7227
Reflection Bay Drive,Erie, Colorado 80516,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 3.25,and
WHEREAS, Owner owns the property described in the attached Exhibit "A" Legal
Description, 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 Four Thousand Eight Hundred Seventy and no/100($4870.00)
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.
4. The parties hereby agree that neither has made or authorized any agreement with respect
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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 2003 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.
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.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
REFELCTION BAY HOMEOWNERS ASSOCIATION
Gre E. B lme President
TAX ID NUMBER:
RAP -tc5Ro s5
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3110911 09/29/2003 12:03P Weld County, CO
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ATTEST: BOARD OF COUNTY COMMISSIONERS
�'2 'A OF WELD COUNTY, STATE OF
COLORADO
i�nty Clerk to the Board
1861 t�V�s r
.
Rd.4wr .� BY: e
el . 1�ty Clerk to the Board David E. Long, Chairm SEP 1 0 2003
Page 3 of 3 Pages
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EXHIBIT A
LEGAL DESCRIPTION
The East 55.00 feet of Reflection Bay Subdivision, as Recorded under reception number
2816790 in the office of the Clerk and Recorder of Weld County, EXCEPT the East
30.00 feet thereof,being existing road right-of-way, and located in the Southwest One-
Quarter of the Southwest One-Quarter of Section 29, Township 2 North, Range 68 West
of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully
described as follows:
Commencing at the Northeast corner of said Subdivision, from whence the Southeast
corner of said Subdivision bears S00°04'46"E with all bearings contained herein relative
thereto; thence S89°56'01"W a distance of 30.00 feet to the West right-of-way line of
Weld County road 3.25 and the POINT OF BEGINNING; thence S00°04'46"E along
said right-of-way line a distance of 1335.57 feet to the South line of said Subdivision;
thence N89°56'32"W along the South line of said Subdivision a distance of 25.00 feet;
thence N00°04'46"W a distance of 1335.51 feet to the North line of said Subdivision;
thence N89°56'01"E a distance of 25.00 feet to the POINT OF BEGINNING and
containing 0.766 acres, more or less.
The above description was prepared by Leon Sievers, Right of Way Agent, in and for
Weld County, Colorado and is based on survey information obtained from the
Subdivision plat of Reflection Bay Subdivision, as Recorded under reception number
2816790 in the Office of the Clerk and Recorder of Weld County, Colorado
HBO VIIIIIII DIM IIV111111111111II MIN IIII
3110911 09/29/2003 12:03P Weld County, CO
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MEMO RAND
CTO: Carol Harding, Clerk to the Board DATE September 5, 2003
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda.
Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR
3.25 with Reflection Bay Homeowners Association.
The appropriate documentation is enclosed.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\Franci e\S ignature Item.DOC
2003-2615
837
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Reflection Bay Homeowners
Association, whose address is 7227 Reflection Bay Drive, Erie, Colorado 80516,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 (cN:361-VIN9
E.
G E. al es, President
Reflection Bay Homeowners Association
STATE OF COLORADO )
) ss.
COUNTY OF /,o Id )
The foregoing instrument was acknowledged before me this t.2 day of
U'Lfnbt./ , 2003, by Greg El Balmes, President of the Reflection Bay Homeowners
Association.
Witness my hand and official seal.
1:TnottbjjPublic
My commission expires:
MARY A. WATTERS
ic.,...
NOTARY PUBLIC
STATE OF COLORADO
Commission Expaes Jan.25,2004
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EXHIBIT A
LEGAL DESCRIPTION
The East 55.00 feet of Reflection Bay Subdivision, as Recorded under reception number
2816790 in the office of the Clerk and Recorder of Weld County, EXCEPT the East
30.00 feet thereof,being existing road right-of-way, and located in the Southwest One-
Quarter of the Southwest One-Quarter of Section 29, Township 2 North, Range 68 West
of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully
described as follows:
Commencing at the Northeast corner of said Subdivision, from whence the Southeast
corner of said Subdivision bears S00°04'46"E with all bearings contained herein relative
thereto; thence S89°56'01"W a distance of 30.00 feet to the West right-of-way line of
Weld County road 3.25 and the POINT OF BEGINNING; thence S00°04'46"E along
said right-of-way line a distance of 1335.57 feet to the South line of said Subdivision;
thence N89°56'32"W along the South line of said Subdivision a distance of 25.00 feet;
thence N00°04'46"W a distance of 1335.51 feet to the North line of said Subdivision;
thence N89°56'01"E a distance of 25.00 feet to the POINT OF BEGINNING and
containing 0.766 acres, more or less.
The above description was prepared by Leon Sievers, Right of Way Agent, in and for
Weld County, Colorado and is based on survey information obtained from the
Subdivision plat of Reflection Bay Subdivision, as Recorded under reception number
2816790 in the Office of the Clerk and Recorder of Weld County, Colorado
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2o(73—c)1e-1S
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 27th day of October , 20 03 •
ATTEST: Mitt, COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF; CORPORATE AND POLITIC OF THE
COUNTY COMMISSI Or' STATE OF COLORADO
THE COUNTY OF LD'.
/..3
BY: C-1.,i j d - BY: C1w
Deputy Clerk to the David E. Long, Chair,
BOARD OF COUNTY CO SIONERS
OF THE COUNTY OF W LD
(Approved 09/10/03, Signed 10/27/03)
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this27t h day of October ,
2003 ,by David E. Long, Chair, BOARD OF CO 1►TY COMMISSIONERS OF THE COUNTY
OF WELD. -.
It
Witness my hand and official se.f. SHAR e ,i
l KAH• r=
:ail 9 _'
Op e:v.% .0 blic
r
My commission expires: My Commission Exoires May 15,2008
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Kits
MEMORANDUM
CTO: Clerk to the Board DATE : October 21, 2003
•
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Item for Chair's Signature
Please submit the enclosed item for the Chair's signature.
Deed of Dedication and Acceptance with Reflection Bay Homeowners Association, a
follow-up to the Agreement Doc #2003-2615
The appropriate documentation is enclosed.
Enclosures
I
M:\FRANCIE\CHAIR-SIGNATURE.DOC _..
J0003-a(,i.5
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