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Home My WebLink About20011879.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -ANNA M. ARENS LIVING 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 47 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 Anna M. Arens Living Trust, 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 47 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 Anna M. Arens Living Trust 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 16th day of July, A.D., 2001. BOARD COUNTY COMMISSIONERS WELD UNTY, COLORADO ATTEST: iate# i>% ,s ii ,t► M. J. Geile, C air Weld County Clerk to th:�=g�: ' ei J� BY: Zez Glenn Vaad, - em Deputy Clerk to the...airN L Wfin H. ry AP OV AS M: l I id onzl) / ja6rity Attorney . R bert D. Masden Date of signature: -7/.27 Date of full execution: %7 2001-1879 EG0041 SAC 1. Pa Qn.g_a, AGREEMENT � 21) CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 47 BETWEEN ANNA M. ARENS LIVING TRUST AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 2N k day of 1. , 2001, by and between Anna M. Arens Living Trust, Anna M. Arens, Trustee, whose address is 22095 Weld County Road #47, La Salle, Colorado, 80645 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, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 47, and WHEREAS, Owner owns the property described in the attached Exhibit and Exhibit Map, 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 and Exhibit Map, attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Nine Hundred Sixty Six and no/100 ($966.00) dollars. This consideration is being offered in lieu of condemnation Page 1 of 3 Pages 111111111111111111111111111111111111111111111111111111 2868720 07/25/2001 03:30P JA Suki Tsukamoto 1 of 5 R 0.00 0 0.00 Weld County CO 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication,free and clear of all encumbrances, except existing easement. 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 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 2001 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. Page 2 of 3 Pages 1111111111111111111 llu 11111 11111 111111 111 11111 IIII IIII 2868720 07/25/2001 03:30P JA Suki Tsukamoto 2 of 5 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: ANNA M. ARENS LIVING TRUST BY: Anna M. Arens, Trustee Tax ID # : 4 9. 2 1j D - 2 33 2 ATTEST: BOARD OF COUNTY COMMISSIONERS fi I OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to t( v .1;�A �A 14O By: Coin/ , G 4Ii1� tiz?�C'�� BY: Deputy Clerk to the BSy' V,t M. J. eile, Chairman (07- Ito - QO01 Page 3 of 3 Pages 1111111111111111111 IIII 11111 11111 111111 III 11111 IIII IIII 2868720 07/25/2001 03:30P JA Suki Tsukamoto 3 of 5 R 0.00 D 0.00 Weld County CO EXHIBIT LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 23, Township 4 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Southeast corner of the Southeast One-Quarter of said Section 23, from whence the Southwest corner of said Section 23 bears N89°48'25"W a distance of 5274.34 feet, with all bearings herein mentioned relative thereto; thence N89°48'25"W along the south line of the Southeast One-Quarter of said Section 23 a distance of 364.08 feet; thence N00°00'00"W a distance of 30.00 feet to the Westerly line of Weld County Road #47 and the Northerly line of Weld County Road#42 and the POINT OF BEGINNING; thence N89°48'25"W along said Northerly line a distance of 60.51 feet; thence N00°11'35"E a distance of 158.16 feet; thence N13°42'23"E a distance of 99.30 feet to the Westerly line of Weld County Road#47; thence S20°12'04"E along said Westerly line a distance of 130.59 feet to a point of tangent curve to the right; thence 81.58 feet along said Westerly line and the arc of said curve whose radius is 136.60 feet and central angle is 34°12'56"; thence S14°00'52"W along said Westerly line a distance of 53.62 feet to the POINT OF BEGINNING. Said parcel contains 0.322 acres, more or less. SURVEYOR'S CERTIFICATION I, Leon W. Sievers, a Registered Land Surveyor in the State of Colorado, do hereby certify that this Property Description was prepared by me or under my personal supervision and that it is true and correct to the best of my professional knowledge, information and belief and is not a guaranty or warranty, either expressed or implied. For and on behalf of Weld County Leon W. Sievers PLS #23520 June 5, 2001 00" Ni�/ A0 -.53i: .G. 5 1st 1111111111111111111 IIII 11111 11111 BB III 111111111 ill 2868720 07/25/2001 03:30P JA Suki Tsukamoto 4 of 5 R 0.00 D 0.00 Weld County CO ... . _ .. lET I 13 MAI' / ,/, / 7 / ,, /1/ , , , i / ,` 4., teiA \ ,......, v..., \ a s in ms A N ` .w 4 0 M N, ps gil Ni 2 0 NORTH 0=5 30 60 t A=34'12'56" R=138.60' L=81.58' 0.322 ACRES ± 10 W : H 3 I = 4 i jn POB � r H f N89'48'25-W 5* CORNER 60.51' N00'O0'00"W SE CORNER TNT, R65 w 30.00' SECTION 23 secnoN 2,3 TMI. R65 W N89'48'25"W 364.08' ��/N89'48'25"W 5274.34' WELD CO ROAD 42 --- _`\\\`OO0 RE. / //� __- ;;•*:N?.i/ .. ,<, -: �O .4 :� �c11; THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTEO LAND 2320 SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE "� C,.D� THE ATTACHED LEGAL DESCRIPTION ONLY. j � �'.. �� \� '% wi/AL Lt \\`�� WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEy DESIGN LIIEVERS WELD COUNTY ROAD 47 1 1 F DRAY" LS!EVERS 1 DATE .xINE 5, 2001 EXHIBIT MAP 11111111111 (111111 IIII11111 111!! 11111111111111 liii liii 2868720 07/25/2001 03:30P JA Suki Tsukamoto 5 of 5 R 0.00 D 0.00 Weld County CO aKit MEMORANDUM , CTO: Clerk to the Board DATE: July 6, 2001 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed items for the Board's next agenda: DEED OF DEDICATION Gladys F. Jeffers _ 77 AGREEMENT CSC �2ti Purchase of right-of-way for improvements / / C�- Anna M. Arens Living Trust 1,) I C , The appropriate documentation is attached. Enclosures aa1'i— /2' 79 • 245 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Anna M. Arens Living Trust, Anna M. Arens, Trustee, whose address is 22095 Weld County Road #47, La Salle,Colorado 80645, being all of the owners of certain property in Weld County, Colorado, which is described in the attached Exhibit, 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. �i 0/1,02 u— Nibc,rc a x,44-c Anna M. Arens,Trustee STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /7'aay of Ocr°0. 2. , 20 el , by Anna M. Arens, Trustee of the Anna M. Arens Living Trust. Witness my hand and official seal. C%' / �� l� Notary Public My commission expires: Au r 9 g, z c s LEON W SIEVERS s NOTARY PUBLIC %; STATE OF COLORApo f 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 A571' day of AA. 1,1 ,20O/ ATTEST: La E COUNTY OF WELD, A BODY CLERK TO THE BOARD ..\ CORPORATE AND POLITIC OF THE COUNTY COMMISSION O STATE OF COLORADO THE COUNTY OF WELD Ism G:7., 1 ` O W % BY: ' BY: / Deputy Clerk to the Board M. J. eile, Chair, 4+q )mAwl eh- el/1(4,12'0c° BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD (*cal 1O/ 510/) STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thisa5tLday of CJCts.v 20 G h by M.J.Geile,Chair, BOA' I ! OUNTY COMMISSIONERS OF THE COUNTY OF WELD. "Si pVA.. Witness my hand and ;/ffic sear. : O/ N.A.• _' DONNA J.• • t BECHLER éttl / ••� •••........ ..'p8.:: My commission expires.'..:5 ORCpt.&',= Yr Co msisslmm Espkms AO tQ 2004 cei on y/ 1111111111111111111111111111111111111111111111111111111 X00/- /87V 2897245 11/01/2001 04:01P JA Suki Tsukamoto 1 of 3 R 0.00 D 0.00 Weld County CO EXHIBIT LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 23, Township 4 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as follows: Commencing at the Southeast corner of the Southeast One-Quarter of said Section 23, from whence the Southwest corner of said Section 23 bears N89°48'25"W a distance of 5274.34 feet, with all bearings herein mentioned relative thereto; thence N89°48'25"W along the south line of the Southeast One-Quarter of said Section 23 a distance of 364.08 feet; thence N00°00'00"W a distance of 30.00 feet to the Westerly line of Weld County Road#47 and the Northerly line of Weld County Road#42 and the POINT OF BEGINNING; thence N89°48'25"W along said Northerly line a distance of 60.51 feet; thence N00°11'35"E a distance of 158.16 feet; thence N13°42'23"E a distance of 99.30 feet to the Westerly line of Weld County Road#47; thence S20°12'04"E along said Westerly line a distance of 130.59 feet to a point of tangent curve to the right; thence 81.58 feet along said Westerly line and the arc of said curve whose radius is 136.60 feet and central angle is 34°12'56"; thence S14°00'52"W along said Westerly line a distance of 53.62 feet to the POINT OF BEGINNING. Said parcel contains 0.322 acres, more or less. SURVEYOR'S CERTIFICATION I, Leon W. Sievers, a Registered Land Surveyor in the State of Colorado, do hereby certify that this Property Description was prepared by me or under my personal supervision and that it is true and correct to the best of my professional knowledge, information and belief and is not a guaranty or warranty, either expressed or implied. For and on behalf of Weld County Leon W. Sievers PLS # 23520 June 5, 2001 tp.9 ii//pot, VA 2352O0 5. 111111111111 �� 11111111111111111111 �� 11111 �� 2897245 11/01/2001 04:01P JA Suki Tsukamoto 2 of 3 R 0.00 D 0.00 Weld County CO Ex I I IT 11AP f / .., t iI 1 7 coo m N l 1 14 4 . N N i..1 ry, vt, \ i o Q i \ �� r d NORTH i \\ 0 15 30 60 ^z 1 t A=34'12'56` R=136.60' L=81.58' e 0.322 ACRES ± '0 to w in ;Ni 'a h T $ /Z N S ` POB Y. A' I i _- f N89'48'25'WSW _..,._..__ .............__..__- SECTION ER 60.51' NO0•00'00"W SE CORNER 74N, 80.5 W 30.00' SECTION 23 N89'48'25"W 364.08' T4N, R65 W �� N89.48'25"W 5274.34' /---____r___00. WELD CO ROAD 42 v 9N• 3520 . •-r- • - THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE •O .•S-O lt S THE ATTACHED LEGAL DESCRIPTION ONLY. t..,4?,�•L,�L �:• iii.,aVAL LA143 '/i/IIU II \\o\ WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY DESIGN L.SIEVERS WELD COUNTY ROAD 47 1 DRAWN L.SIEVERS OF DATE JUNE 5, 2001 EXHIBIT MAP 1 111111 11111 11111111111 11111 111111 11111III11111111111 2897245 R10.002001 D 0.004:01P JA Suki ukamoto Wed County CO Hello