HomeMy WebLinkAbout20000056 RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 47, ACCEPTANCE OF DEED OF
DEDICATION, AND AUTHORIZE CHAIR TO SIGN - BICKLING FARMS, LLP
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 Purchase of
Property 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 Bickling Farms, LLP, do Melvin Bickling, 21586 Highway
392, Greeley, Colorado 80631, with terms and conditions being as stated in said agreement, for
property in Exhibit A, a copy of which is attached hereto and incorporated herein by reference,
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, and
WHEREAS, pursuant to said agreement, Bickling Farms, LLP, has presented the Board
with a Deed of Dedication for property as described in Exhibit A, and
WHEREAS, after review, the Board deems it advisable to accept said deed, a copy of
which is attached hereto and incorporated herein by reference, and
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 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 Bickling Farms, LLP, do Melvin Bickling, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that said Deed of Dedication be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said acceptance.
EG CA "-s' 2000-0056
EG0039
AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS
TO WELD COUNTY ROAD 47, AND ACCEPTANCE OF DEED OF DEDICATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of January, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: All I q01 �► EXCUSED
,e) Barbara Barbara J.irkmeyer, Chair
Weld County Clerk to th> '.oa
1061 �( Q��b� � _ /
L,' `o Oc ' A. J. eile, Pro-Tem
BY: cadet, c _ 1- �.
Deputy Clerk to the oC•� c� ecA .447
&MI , E. Baxter
-177
APPROVED AS TO FORM: 7
✓� Dale Hall
urfty Attorney
- - � �
Glenn
2000-0056
EG0039
AGREEMENT
of (4-',3
CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD
COUNTY ROAD 47; AGREEMENT BETWEEN BICKLING FARMS LLP AND WELL)
COUNTY, COLORADO
THIS AGREEMENT is made this /6 day of 7I by and between B ick Ii ng
Farms LLP, whose address is 21586 Highway 392, Greeley, Colorado 80631, hereinafter referred
to as "Owners," 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 a bridge on Weld County Road
(WCR) 47, which is known as Bridge 47-68b, Weld County Project No. 252, and
WHEREAS, Owners own the two parcels described in the attached Exhibit"A",hereinafter
referred to collectively as "Parcels", and
WHEREAS,County needs the Parcels in order to complete said rebuilding and improvement
project, and
WHEREAS,said rebuilding and improvement project involves the construction of a concrete
box culvert for WCR 47, realignment of said roadway, and the realignment of a portion of the
Northside Lateral, and
WHEREAS, Owners wish to cooperate with County in said rebuilding and improvement
project.
NOW, 'Ii-IEREFORE, the parties herein agree as follows:
1. Owners agree to sell and County agrees to purchase the Parcels for the sum L Three
Thousand Dollars and 00/100($3,000.00). yt000•c-r� \'yl Qj, 2l "✓
2. Owners agree to grant the Parcels to County by Deed of Dedication free and clear of
all encumbrances.
3. Owner understands that after conveyance of the Parcels to County and completion
of said rebuilding and improvement project,County intends to grant a portion of said
Parcels to the Northside Lateral Ditch Company to correspond to the realignment of
the lateral..
4. County agrees to pay the costs of title insurance and recording fees if necessary as
determined by County.
5. 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. Ibis
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.
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49000-093-6
6. Although the date of the transfer of the Parcels 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 Owners, County, its contractors. agents,
employees, and all others deemed necessary by County shall have the irrevocable
right to possess and use all of the Parcels for the purpose of said rebuilding and
improvement project.
7. Owner warrants that he/she is the owner of the Parcel and will defend title thereto
against all claims.
8. General taxes for the year 1999 for the Parcels shall be apportioned to the date of
delivery of the deed based on the most recent levy and the most recent assessment.
Owner represent 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:
BICKLING FARMS LLC
?C: L 11 .
Melvin T. Bickling, Member and Mang
Tax ID#:
$:t,/ _/t//7 /
ATTEST: BOARD
OF COUNTY COMMISSIONERS
ELD COUNTY, STATE OF•
OF.1, COLORADO
CLERK TO THE BOAR R' O; �+.,��! ,
COUNTY COMMISSION `► ( iO}z j7
BY: r✓`" .. t"1C BY: /17/27t—
Deputy
Clerk to the Boar:1 l M. J. Gei1 F, Chair Pro-Tem
(01/05/2000)
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EXHIBIT "A"
PROJECT NO . WEL47-068 . 0E
November 20 , 1999
Permanent Ditch Easement Description
A tract or parcel of land located in the Northeast Quarter cr the
Northeast Quarter of Section 14 Township 6 North, Range 65 West et
the 6th P .M. , County of Weld, State of Colorado, being mete
particularly described. as follows :
Beginning at a point from whence the northeast corner of said
Section 14 bears North 04°20 ' 11" East , a distance of 595 . 15 feet ;
1) Thence South 00°00 ' 00" West , a distance of 196 . 45 feet to the
westerly right of way for the Owl Creek Canal ;
2 ) Thence South 09°56 '.53 " West, along the westerly right of way
for the Owl Creek Canal , a distance of 36 . 67 feet ;
3 ) Thence South 06°37 ' 36 " West, along the westerly right of way
for the Owl Creek Canal , a distance of 158 . 98 feet ;
4) Thence South 04 °38 ' 48" west , along the westerly right of way
for the Owl Creek Canal , a distance of 704 . 18 feet ;
51 Thence South 12°54 ' 22 " West , along the westerly right of way
. for the Owl Creek Canal , a distance of 97 . 80 feet ;
6! Thence South 04 °44 ' West , along the wee erly right: of way
for the Owl Creek Canal , a distance of 179 . 97 feet tc tl;e
south line of the Northeast Quarter of the Northeast Quarter
of said Section 14 ;
7) Thence North 90°00 ' 00 " West , along the south line of the
Northeast Quarter of the Northeast Quarter of said Section 14 ,
a distance of 0 . 38 feet;
8) Thence North 01° 53 ' 20 " West, a distance of 575 . 21 feet ;
9) Thence North 24°40 ' 37" East , a distance of 213 . 61 feet to the
Point of Beginning.
The above described parcel contains 33 , 522 square feet ( 0 . 77
acres) , more or less .
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Table Mesa Shopping Center 637 South Broadway,Suite C Boulder,Colorado 80303
(303)499-9737 FAX 499-9770
Flagstaff Surveying, Inc.
Basis of Bearings : All bearings are based upon a line connecting
the northeast corner of Section 14 , Township 6 North, Range 65 West
of the 6th F .M. , being monumenced by 3 1/2" aluminum can properly
stamped and marked "LS 4392 " , and the east quarter corner of said
Section 14 , being monumei:Leu by 3 1/4 aluminum cap 'proper' ,
stamped and marked `BLS `1.-) 2 , as bearing South 00 "00 ' 00 " West_
rJ tP_Ve.7( " �, . Sellars Bate.. ,
F
Colorado PLS #27615
(Ye
Flagstaff SurveyingT I,'es.
Document No . 13735B L 6 27i315
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Table Mesa Shopping Center 637 South Broadway, Suite C Boulder,Colorado 80303
(303)499-9737 FAX 499-9770
MEMORANDUM
DO
• 'fO: Clerk to the Board DATE: January 3. 200')
COLORADO
FROM: Don Sourer
Right-of-Way/Utility Agent
SUBJECT: Agenda Item
Please submit the following item for the Board's January 5, 2000, agenda.
Agreement, Deed of Dedication, and Acceptance between Weld County and Bickling Farms I.IA'
concerning purchase of property for certain improvements to Weld County Road 47
The appropriate documentation is attached.
Enclosures
pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer
Drew Scheltinga, Engineer Division Manager
2000-t,0 35
EC, .
1 0:- DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Bickling Farms LLP, of 21586 Highway
c/)( 392, Greeley, Colorado 80631, being all of the owners of the parcels in Weld County, Colorado,
which is described in the attached Exhibit"A"do hereby dedicate forever said parcels as parts of a
public highway,pursuant to Colorado Revised Statute 43-2-201(1)(a),free and clear of all liens and
encumbrances and warrants title to the same.
rA
vn.-Q-A-----/ ‘e2.-t-----4
and T. Bickling, Member and Maua r
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this /Cv day of
-1)„, , 19'/ , by t1 u!til T 1�1c-kLiNc�
Witness my hand and official seal.
Notary Public
My commission expires: (` ?7(Z/Zc ,/
*** This Deed of Dedication was previously recorded on January 12, 2000, at Reception
Number 2743982 in the Office of the Weld County Clerk and Recorder. It is being
re—recorded for the purpose of attaching the correct legal description.
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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 5th day of January , 20 00
ATTEST: /�Aill..5i , COUNTY OF WELD, A BODY
CORPORATE CLERK TO, AND POLITIC OF THE STATE OF
COUNTY COMMISSION rt, s yr COLORADO
THE COUNTY OF WELD 5i > Ut-G,r •
__ _
k
BY: . 4r ,, BY:i �.l�i
'�/,� t
Deputy Clerk to the Board. 'T M. J Geile, Chair Pro-Tem
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
(01/05/00)
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 5th day of
.ianua ,2000 ,by M. J. Geile, Chair Pro-Tem , WELD COUNTY BOARD OF
COMMISSIONERS, WELD COUNTY, COLORADO.
Witness my hand and official seal.
, 2 JEAN D. '� No Publ.
GILLINGHAM
My\I IsNission exptr
•N P Cpt 9.-'
My Commission Expires March 26,2002
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EXHIBIT "A"
PROJECT NO . WEL47-068 . 0B
September 9 , 1999
Permanent Roadway Easement Description
A tract or parcel of land located in the Northeast Quarter of the
Northeast Quarter of Section 14 , Township 6 North, Range 65 West of
the 6th P .M. , County of Weld, State of Colorado, being more
particularly described as follows :
Beginning at a point from whence the northeast corner of said
Section 14 bears North 05°57 ' 05" East, a distance of 289 . 34 feet ;
1) Thence South 00°00 ' 00" West , a distance of 599 . 55 feet ;
2) Thence North 90°00 ' 00 " West , a distance of 15 . 00 feet ;
3 ) Thence North 00°00 ' 00" East , a distance of 599 . 55 feet ;
4) Thence South 90°00 ' 00" East , a distance of 15 . 00 feet to the
Point of Beginning.
The above described parcel contains 8 , 993 square feet (0 . 21 acres) ,
more or less .
Basis of Bearings : All bearings are based upon a line connecting
the northeast corner of Section 14 , Township 6 North, Range 65 West
of the 6th P .M . , being monumented by 3 1/2" aluminum cap properly
stamped and marked "LS 4392 " , and the east quarter corner of said
Section 14 , being monumented by 3 1/4" aluminum cap properly
stamped and marked "LS 4392" , as bearing South 00°00 ' 00" West .
Steven J. Sellars t . ..0 F<''.,+"�^%
Colorado PLS #27615 Z. ;<i>
Flagstaff Surve in °. LP; .-
g' Y g,- Ire
Document No . 13735A. , ' 27615 ;cdonnimmWO
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