HomeMy WebLinkAbout20013364.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 10 AND AUTHORIZE CHAIR
TO SIGN NECESSARY DOCUMENTS - B. D. PILKINTON FAMILY 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 10 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 B. D. Pilkinton Family Trust,
7796 Highway 78 West, Beulah, Colorado 81023, 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 10 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 B. D. Pilkinton Family 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 10th day of December, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: L`� Qi
a ` J. eile, hair Weld County Clerk to B'.v .. •
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Glenn —
BY: i� z� /�� .)r?'� �►/
Deputy Clerk to the :;T 11
� Willis . Jerke
A !PR6D AS M:
vid E. Long n
ounty Att9 ney \Vn�
Robert D. Malden
Date of signature: /�v
2001-3364
EG0041
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437
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 10 BETWEEN B. D. PILKINTON FAMILY TRUST AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this /4 day of Alp „ 2001, by and between B. D.
Pilkinton Family Trust,whose address is 7796 Hwy 78 West, Beulah, Colorado 81023, 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 10"' Street,
Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 10, 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 Eleven Hundred Twenty Eight and no/100
($1128.00) 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.
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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.
8. Weld County will remove the easterly 965±If of existing fence as shown on Exhibit
Map "A". Weld County will replace the fence with a four strand, 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 near the westerly
and southerly line of the right of way as described in Exhibit "A" and will extend
across the existing Speer Canal to the existing fence along the easterly right of way
of Speer Canal.
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.
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IN WITNESS WHEREOF,the parties have set their hands on the day and year first above
written.
OWNER:
B. D LKINTON FAMILY TRUST il
t2 .7/-%Patty L. mm, Trustee ICJ
TAX ID NUMBER:
84 - 6o2o Fl k 0
ATTEST: MO•f BOARD OF COUNTY COMMISSIONERS
f�S OF WELD COUNTY, STATE OF
_ COLORADO
Weld County Clerk to t 'B ��
By: £yi ,' Ins9 IW 4O BY: 4a--
Deputy Clerk to the Boar�Z�.iV M. J. Geile, Chairman (12/10/2001)
1111111111111111111 IIIII III 111111111111 III IIIII 1111 IIII
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Page 3 of 3 Pages
M ,
LEGAL DESCRIPTION
EXHIBIT A
A parcel of land located in the Northeast One-Quarter and the Northwest One-Quarter of Section
13, Township 1 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of
Colorado and described as follows:
BEGINNING at the Northwest corner of the Northeast One-Quarter of said Section 13, from
whence the Northeast corner of said Section 13 bears N89°38'47"E a distance of 2647.65 feet,
with all bearings herein relative thereto; thence N89°38'47"E along the North line of the
Northeast One-Quarter of said Section 13 a distance of 196.43 feet to the westerly right of way of
Speer Canal; thence S47°07'40"E along said westerly right of way a distance of 73.01 feet;
thence S89°38'47"W along a line parallel to and 50.00 feet equidistant from the North line of
said Section 13 a distance of 250.09 feet to the West line of the Northeast One-Quarter of said
Section 13; thence S89°38'47"W along a line parallel to and 50.00 feet equidistant from the
North line of the Northwest One-Quarter of said Section 13 a distance of 669.35 feet; thence
N00°21'13"W a distance of 20.00 feet to the South right of way of Weld County Road 10; thence
N89°38'47"E along said right of way a distance of 669.35 feet to the East line of the Northwest
One-Quarter of said Section 13; thence N00°10'17"E along said East line a distance of 30.00 feet
to the POINT OF BEGINNING and containing 24551.7 Sq. Ft. (0.564 acres), more or less.
The above description was prepared by Leon W. Sievers, Right of Way Agent for Weld County,
Colorado and is based on survey information provided by Frederick Land Surveying, 1528 North
Lincoln Avenue, Loveland, Colorado 80539 and the Plat of Buffalo Ridge Estates, as Recorded
under Reception No. 2566278 in the Office of the Clerk and Recorder, Weld County, Colorado.
1111111 11111 111111 III 111111111111 III 11111111111
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THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE
THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LMS
DESIGN WELD COUNTY ROAD 10
DRAWN 1 Dv 1
DATE NOVEMBER 5, 2001 EXHIBIT MAP 'A'
MEMORANDUM
re(f(fro
TO: Clerk to the Board DATE: November 2 , 2001
I'D
FROM: Frank B. Hempen, Jr.
C Director of Public Works/County Engineer
• SUBJECT: Agenda Item
COLORADO
Please place the following item on the Board's next agenda:
Agreement Concerning Purchase of Right-of-way for Certain Improvements
to WCR 10 with B. D. Pilkinton Family Trust.
The appropriate documentation is attached.
Enclosures
pc: Leon Sivers
•
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LVV I-VJVI
592
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that B. D. PILKINTON FAMILY TRUST, Patty L.
Kyffin, Trustee, whose address is 7796 Highway 78 West, Beulah, Colorado 81023, 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.
PATTY�i,. KY I tee
STATE OF COLORADO )
) ss.
COUNTY OF p [�QQ�I Q )
The foregoing instrument was acknowledged before me this 2'1 day of Acet.( 5--
2002, by Patty L. Kyffin, Trustee of the B. D. Pilkinton Family Trust. vX
Witness my hand and official se;P\NE'Lwolf o, f
� .: aNOTAgy,7- ryt0�/
Ems: -+•.. !-No ar[ y�lic iii21 to. In— ha,
My commission expires: 4;';.AUBLIG.:'O PAC- wen- CO 2(O67
CST 'Pe
mission ExPaes
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 20th��day of February , 20 02 .
ATTEST://�+� 1///� `� COUNTY OF WELD, A BODY
CLERK TO THE BO/A!R I CORPORATE AND POLITIC OF THE
COUNTY COMMISSIO'!=R G +y • t STATE OF COLORADO
THE COUNTY OF WE It 1861 /e���r,�%p�
St
Deputy Clerk to the Boar Glenn Vaad, Chair, approved 12/10/01)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
(signed 02/20/02)
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instru.:. ,Q ens .P ed before me this 20th day of February
20 02 ,by Glenn Vaad,Chai WARD OF C�►ON t. COMMISSIONERS OF THE COUNTY OF WELD.
2a DONNA J
Witness my hand a o%i R c M.ER .,
COt-OQP/RI
Notary Public
My Commission Expires April l0,2004
My commission expires:
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2927592 02/25/2002 01:11P JA Suki Tsukamoto
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THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE
THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LWS
DESIGN WELD COUNTY ROAD 10
DRAWN 1 av 1
DATE NOVEMBER 5, 2001 EXHIBIT MAP 'A'
Pay-33f`/
LEGAL DESCRIPTION
EXHIBIT A
A parcel of land located in the Northeast One-Quarter and the Northwest One-Quarter of Section
13, Township 1 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of
Colorado and described as follows:
BEGINNING at the Northwest corner of the Northeast One-Quarter of said Section 13, from
whence the Northeast corner of said Section 13 bears N89°38'47"E a distance of 2647.65 feet,
with all bearings herein relative thereto; thence N89°38'47"E along the North line of the
Northeast One-Quarter of said Section 13 a distance of 196.43 feet to the westerly right of way of
Speer Canal; thence S47°07'40"E along said westerly right of way a distance of 73.01 feet;
thence S89°38'47"W along a line parallel to and 50.00 feet equidistant from the North line of
said Section 13 a distance of 250.09 feet to the West line of the Northeast One-Quarter of said
Section 13; thence S89°38'47"W along a line parallel to and 50.00 feet equidistant from the
North line of the Northwest One-Quarter of said Section 13 a distance of 669.35 feet; thence
N00°21'13"W a distance of 20.00 feet to the South right of way of Weld County Road 10; thence
N89°38'47"E along said right of way a distance of 669.35 feet to the East line of the Northwest
One-Quarter of said Section 13; thence N00°10'17"E along said East line a distance of 30.00 feet
to the POINT OF BEGINNING and containing 24551.7 Sq. Ft. (0.564 acres), more or less.
The above description was prepared by Leon W. Sievers, Right of Way Agent for Weld County,
Colorado and is based on survey information provided by Frederick Land Surveying, 1528 North
Lincoln Avenue, Loveland, Colorado 80539 and the Plat of Buffalo Ridge Estates, as Recorded
under Reception No. 2566278 in the Office of the Clerk and Recorder, Weld County, Colorado.
1111111 11111 1111111 IIII III 1111111111111 III 11111 IIII IIII
2927592 02/25/2002 01:11P JA Suki Tsukamoto
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was/-3349
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