HomeMy WebLinkAbout20011337.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 62 AND AUTHORIZE CHAIR TO SIGN -
GLADYS JEFFERS
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 Property for Certain Improvements to Weld County Road 62 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 Gladys Jeffers, 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 Purchase of Property for Certain
Improvements to Weld County Roads 62 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 Gladys Jeffers be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
,���` WD CO TY, COLORADO
/� /ATTEST: gray / ��, Eza ��� '� OCCrJ
/ 1 M. J. Geile, Chair
Weld County Clerk tot RBo; � �``O
aSZP'� EXCUSED
rig _�� Glenn Vaad, Pro-Tem
Deputy Clerk to the Bob'•
Willi Jerke
2,PPROViD AS , M:
vi E. Lo
ou Attorney
Robert D. Mas en
2001-1337
pa ; / IL 41-7,) EG0041
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 62 BETWEEN GLADYS F. JEFFERS AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this (f day of 2001,by and between Gladys
F. Jeffers, hereinafter referred to as"Owner,' and the Co y 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 62, and
WHEREAS,Owner owns the property described in the attached Exhibit,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,attached hereto and hereinafter referred to herein as the"Right-
of-Way" for the sum of Eleven Thousand, Two Hundred Sixty and no/100
($11,260.00) 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 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
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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 ofthe transfer ofthe 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. Owner agrees to execute a utility easement, for the benefit of Poudre Valley Rural
Electric Association, Inc. Said easement will be 10 feet in width and located
immediately north of and adjacent to the new right of way. The actual location will
be shown on an Exhibit Map with an accompanying legal description and attached
to the Easement document. The easement is for the construction and maintenance
of an underground electric line that is being moved to allow for road improvements.
The County agrees to pay the Owner the sum of Three Hundred($300.00)dollars for
this easement.
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:
/ .
Gladys F.Geffers G
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ATTEST: a ,p 1 4 BOARD OF COUNTY COMMISSIONERS
L � OF WELD COUNTY, STATE OF
a' COLORADO
Weld County Clerk to the ar
186! dpm .�
i
By: �/t _ .`=�^v BY: i €.t/
Deputy Clerk to the Boar: risl—A`I ' ' M. J. eile, Chairman (05/21/2001)
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2856040 06/08/2001 04:32P JA SuklTsukamoto
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a Z N SECTION 31, T.6N., R.67W. I v
PROPERTY DESCRIPTION
Jeffers Property
A parcel of land being part of the South Half(S 1/2) of Section Thirty-one (31),Township Six North
(T.6N.), Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian (6th P.M.), County of Weld,
State of Colorado and being more particularly described as follows:
BEGINNING at the Southwest Corner of said Section 31 and assuming the South line of the Southwest
Quarter(SW 1/4) of said Section 31 as bearing North 89°16'31" East, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of
2609.00 with all other bearings contained herein relative thereto:
THENCE North 89°16'31" East along said South line a distance of 30.00 feet to the intersection with the
Easterly Right-Of-Way (ROW) line of Weld County Road#13 (WCR#13);
THENCE North 00°12'33" West along said Easterly ROW line a distance of 30.00 feet to the intersection
with the Southerly ROW line of Weld County Road #62 (WCR#62). Said point being the TRUE
POINT OF BEGINNING:
THENCE continuing North 00°12'33" West along said Easterly ROW line a distance of 10.16 feet;
THENCE North 89°11'26" East a distance of 470.14 feet;
THENCE North 83°31'36" East a distance of 200.06 feet;
THENCE North 89°09'19" East a distance of 803.64 feet;
THENCE South 85°03'59" East a distance of 197.87 feet;
THENCE North 89°09'29" East a distance of 1427.04 feet;
THENCE North 89°12'17" East a distance of 1025.18 feet;
THENCE North 89°10'50" East a distance of 1150.85 feet to the Westerly ROW line of Weld County
Road #15 (WCR#15);
THENCE South 04°36'59" East along said Westerly ROW line a distance of 19.42 feet to the Northerly
ROW line of said WCR#62;
Thence along said Northerly ROW line by the following Two (2) courses and distances:
THENCE South 89°16'48' West a distance of 2695.49 feet;
THENCE South 89°16'31" West a distance of 2578.73 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 2.252 Acres, more or less (f)and is subject to any rights-of-way or
other easements as granted or reserved by instruments of record or as now existing on said described
parcel of land.
SURVEYOR'S CERTIFICATE
1, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to
the best of my knowledge, information, belief, and in my professional opinion.
0 RE S" ,
Charles B. Jones Q Z ��
15 22698 fri• /-z7 �&/
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Colorado Registere Professional • •-�♦ , . /
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Land Surveyor #220'r:� J',r/• •• ... elite)*
�NA(•LAN0 S_
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
Project Number: 99382 (March 27, 2001)
(File:jeff-a.txt)
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MEMORANDUM
TO. Clerk to the Board DATE: May 14, 2001
COLORADO
FROM: Frank B. Hempen, Jr.
Director of Public W s/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda:
Purchase Agreement of Right-of-Way for Certain Improvements to Weld County Road 62 with Gladys F.
Jeffers
The appropriate documentation is attached.
Enclosures
2001-1337
547
'50Y DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Gladys F. Jeffers Family Trust, Gladys F.
Jeffers Trustee, whose address is 1127 Caldwell Blvd.,#460,Nampa, Idaho 83651, 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.
Gladys F. ffers, Tr u ee
STATE OF IDAHO )
)ss.
COUNTY OF v~, )
u�
The foregoing instrument was acknowledged before me this I day of
200 I , by Gladys F. Jeffers, Trustee of the Gladys F. Jeffers Family Trust.
Witness my hand and official seal.
Notary Public
MY COMMISSION EXPIRES
My commission expires:
August 1,2006
AONO D TORY NOTARY PUBLIC INDERWRITERS
CHRIS A. DAVIS
Notary Public
ACCEPTANCE State of Idaho
- _
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 16th day of July 20 01 .
ATTEST: COUNTY OF WELD, A BODY
CLERK T TH A P t I � � CORPORATE AND POLITIC OF THE
COUNTY COMMISSIO . O . STATE OF COLORAD
THE COUNTY OF WEL► ,v..
r 1861 t
Deputy Clerk to the Boa��tS4 �ta M. J. Geile,Chair, (07/16/2001)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instru We. ed before me this 16thday of July
20 01, by M.J.Geile,Chair, ,i CltAD OF Cd+ COMMISSIONERS OF THE COUNTY OF WELD.
DONNA J.1 tt
Witness my hand an, ofkcBEQMLER
4 ' ILH —IY
...... Notary Public
MyCaounksla Expires A f Ili ION
My commission expires: 11111111111 lilt III 1111111 III III 11111 IIII Iill
2885547 09/21/2001 12:51P JA Suki Tsukamoto
2809568 07/27120u1 03.1 Io 1 of 3 R 0.00 0 0.00 Weld County CO
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PROPERTY DESCRIPTION
Jeffers Property
A parcel of land being part of the South Half(S 1/2) of Section Thirty-one(31), Township Six North
(T.6N.), Range Sixty-seven West(R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld,
State of Colorado and being more particularly described as follows:
BEGINNING at the Southwest Corner of said Section 31 and assuming the South line of the Southwest
Quarter(SW I/4) of said Section 31 as bearing North 89°16'31" Fast, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone,North American Datum 1983/92, a distance of
2609.00 with all other bearings contained herein relative thereto:
THENCE North 89°16'31" East along said South line a distance of 30.00 feet to the intersection with the
Easterly Right-Of-Way (ROW) line of Weld County Road#13 (WCR#13);
THENCE North 00°12'33" West along said Easterly ROW line a distance of 30.00 feet to the intersection
with the Southerly ROW line of Weld County Road#62 (WCR#62). Said point being the TRUE
POINT OF BEGINNING:
THENCE continuing North 00°12'33" West along said Easterly ROW line a distance of 10.16 feet;
THENCE North 89°11'26" East a distance of 470.14 feet;
THENCE North 83°31'36" East a distance of 200.06 feet;
THENCE North 89°09'19" East a distance of 803.64 feet;
THENCE South 85°03'59" East a distance of 197.87 feet;
THENCE North 89°09'29" East a distance of 1427.04 feet;
THENCE North 89°12'17" East a distance of 1025.18 feet;
THENCE North 89°10'50" East a distance of 1150.85 feet to the Westerly ROW line of Weld County
Road#15 (WCR#15);
THENCE South 04°36'59" East along said Westerly ROW line a distance of 19.42 feet to the Northerly
ROW line of said WCR#62;
Thence along said Northerly ROW line by the following Two (2)courses and distances:
THENCE South 89°16'48' West a distance of 2695.49 feet;
THENCE South 89°16'31" West a distance of 2578.73 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 2.252 Acres, more or less (f) and is subject to any rights-of-way or
other easements as granted or reserved by instruments of record or as now existing on said described
parcel of land.
SURVEYOR'S CERTIFICATE
I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to
the best of my knowledge, information, belief, and in my professional opinion.
D0RES au
Charles B. Jones ;
;U 22198 ins .zT , 7(37/
•
Colorado Registere Professional • -V: Sr
. , /�/
tIt .�• • n•
Land Surveyor #220' `t`^ssj '•••.•••• SOQ�
�NAL LANG
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
Project Number: 99382 (March 27, 2001)
(File:jeff-a.txt)
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