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Home My WebLink About20030325.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 149 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DAVID AND JANESSE GILLESPIE 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 149 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 David and Janesse Gillespie, Box 55, Stoneham, Colorado 80754, 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 149 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 David and Janesse Gillespie 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 3rd day of February, A.D., 2003. BOARD OF COUNTY COMMISSIONERS _` W E U TY,,(C'COLORADO ATTEST: �/ . �� l D vid E. Long, air Weld County Clerk to the Beard; tv Robert D. den, Pro- em BY: Deputy Clerk to the Bowr. :3 1M • � �, M. J. eile pgilt/tb:YED AS TO FQ: i Sl1�.f William H. Jerk County Attorney Puy{ -�I / Glenn Vaad Date of signature: 1462° 2003-0325 EG0047 AGREEMENT 362 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 149 BETWEEN DAVID M. AND JANESSE M. GILLESPIE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this Zy�S day of o,•,.vpr ,2003,by and between David M. Gillespie and Janesse M.Gillespie,whose address is Box 55,Ston Colorado 80754,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 149,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 Five Hundred and no/100 ($500.00) 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 11111111111111111111111III111111�j! JJL!Ui �� 3036362 02/26/2003 04 St Weld C`C PIA) 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder �bo3 � 03�5 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 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. 8. County will remove approximately 2140 feet of the existing fence along the east property line and replace the fence on the west right of way line with a 4 strand barbed wire fence with wood and steel fence posts. 9. County will construct a field entrance at a location mutually agreed to by County and 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. 1111111111111111111 11111 III 111111111111 III VIII IIII IIII 3036362 02/26/2003 04:49P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 3 Pages IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: OWNER: David M. Gillespie /tht7,4'z • esse M. Gill spie TAX ID NUMBER: TAX ID NUMBER: _CM- ii? -fl03 SS4- Oy-N7tit3 ATTEST: Mid ��►� BOARD OF COUNTY COMMISSIONERS .41 EllOF WELD COUNTY, STATE OF '.c� COLORADO Weld County Clerk to the : d f i By: “ e � � e$2. :`i: �, � � BY: Deputy Clerk to the Boar N \r David E. Long, Chai n <a-3-aoc 5) 111111111111111111111111N 111111111111 III 11111 IIII I'll 3036362 02/26/2003 04:49P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 3 of 3 Pages X7.;05 •03025 • EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 5, Township 7 North, Range 56 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the East Quarter corner of said Section 5, from whence the Northeast corner of said Section 5 bears N00°10'05"E with all bearing contained herein relative thereto; thence N04°29'32"W a distance of 369.25 feet to a point on the west line of Weld County road 149 and the POINT OF BEGINNING; thence N90°00'00"W a distance of 21.43 feet; thence N00°10'05"E a distance of 1173.04 feet; thence N09°28'13"W a distance of 228.06 feet; thence N16°01'15"E a distance of 213.00 feet to the west right of way line of Weld County road 149; thence S00°10'05"W along said right of way line a distance of 1602.72 feet; to the POINT OF BEGINNING and containing 0.877 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 the Deed found under Reception Number 0216422 of the Weld County Clerk and Recorder office. 111$1111111111111111 III 11f of III IIIII IN It 3036362 02/2612003 04:49P 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • NE Cor Sec 5-7-56 EXHIBIT NAP A N16'01'15"E 213.00' C, —z W 0 N09'28'13"W 228.06' JL N r 0 100 200 400 EXISTING 60' RIGHT OF WAY 0 M n W M N C4 O 0 O ,p o 3 2 N . O O 1O/1 111111111111111111111111 III DUMB HIE IIII IIII 3036362 02/26/2003 04:49P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder N04'29'32"W 369.25' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED N90'00'00"W_, LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 20.00' ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. El/4 Cor Sec 5-7-56 WELD COUNTY PUBLIC WORKS DEPARTMENT SL vSY LVS oess„ WELD COUNTY ROAD 149 DEED 1 1 DRAWN DESCRIPTION JAM JANUARY 13, 2003 EXHIBIT MAP C(4:41 MEMORANDUM CTO: Clerk to the Board DATE: January 29, 003 • COLORADO FROM: Frank B. Hempen, Jr. Director of Public Works/County Engine r 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 149 with David M. and Janesse M. Gillespie. The appropriate documentation is attached. Enclosures Pc: Leon Sievers, Right-of-Way Agent M:\WPFILES\Francie\AGENDA.doe 2003-0325 • Due to today's scanning technology, certain colored inks do not reprouuce. ACCEPTANCE 6. 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 7th day of April , 2003 ATTEST: ��i 4 COUNTY OF WELD, A BODY CLERK TO THE BOARD OF II CORPORATE AND POLITIC OF THE COUNTY COMMISSIONE ' ';.Q STATE OF COLORADO THE COUNTY OF WELD ) ' 1861 9),,r(Le s, 7 itt BY: f `" BY: Deputy Clerk to the Board David E. Long, Chair, /07/2003) BOARD OF COUNTY CO SSIONERS OF THE COUNTY OF LD (Approved 02/03/2003) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 7th day of April , 20 03 , by David E. Long, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. SPRY PV9� Witness my hand and official se 2/ • O SHARON C q+6,N Notat lic OFco�r My commission expires: M Commission Eights May 15,2005 Page 2 of 2 page 1 111111 11111 1111111 III 11111 11111 1111111 111 11111 IIII IIII 3050632 04/08/2003 04:55P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ��:v5 3 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that David M. Gillespie and Janesse M. Gillespie, whose address is PO Box 55, Stoneham, Colorado 80754, 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. avid M. Gillespie, wner Janesse M. ille pie wner STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 24thday of March , 2003 , by David M. Gillespie and Janesse M. Gillespie, Owners Witness my hand and official seal. Notary Public ,.OTA ?j. My commission expires: .. n1'1/11/06 Page 1 oft pages 11111 1111 111111 I I 11111111111 111111 I I 111111 3050632 04/08/2003 04:55P Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 5, Township 7 North, Range 56 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the East Quarter corner of said Section 5, from whence the Northeast corner of said Section 5 bears N00°10'05"E with all bearing contained herein relative thereto; thence N04°29'32"W a distance of 369.25 feet to a point on the west line of Weld County road 149 and the POINT OF BEGINNING; thence N90°00'00"W a distance of 21.43 feet; thence N00°10'05"E a distance of 1173.04 feet; thence N09°28'13"W a distance of 228.06 feet; thence N16°01'15"E a distance of 213.00 feet to the west right of way line of Weld County road 149; thence S00°I0'05"W along said right of way line a distance of 1602.72 feet; to the POINT OF BEGINNING and containing 0.877 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 the Deed found under Reception Number 0216422 of the Weld County Clerk and Recorder office. 1111111 11111 111 III 11111 111111111111II11111111111111 3050632 04/08/2003 04:558 Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder NE Cor Sec 5-7-56 EXHIBIT NA1111 P N1213.00'"E 1� 1� c� z a CD U. 0 N09'28'13"W N 228.06' cn JL N O 0 100 200 400 I I EXISTING 60' RIGHT OF WAY O n W N N o G O ,p o z i0 O O O O 1111111 11111 1111111 III 11111 11111 1111111 III 11111 EIRE 3050632 04/08/2003 04:55P Weld County, CO 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder N04'29'32"W 369.25' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED N90'00'00"W LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 20.00' ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. E1/4 Cor Sec 5-7-56 WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LVS DE SIGN WELD COUNTY ROAD 149 DEED 1 1 DRAM DESCRIPTION EXHIBIT MAP Dorf JANUARY 13, 2003 ' a MEMORANDUM-, _ 1 "lige TO: Clerk to the Board DATE: April 1, 2003 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Item for Chair's Signature Please submit the enclosed item for the Chair's signature. Acceptance and Deed of Dedication Concerning Purchase of Right-of-Way for Certain Improvements to WCR 149 with the David M. Gillespie and Janesse M. Gillespie. The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent M\FRANCIE\SIGNATURE WPD Hello