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Home My WebLink About20000420 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126, ACCEPTANCE OF DEED OF DEDICATION, AND AUTHORIZE CHAIR TO SIGN -TERRY GRAZING ASSOCIATION 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 126 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 Terry Grazing Association, P.O. Box 3170, Cheyenne, Wyoming 82003, with terms and conditions being as stated in said agreement, for property described 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, the Terry Grazing Association 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 126 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 Terry Grazing Association, be, and hereby is, approved. 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 necessary documents. g4. 44f-of, Cr 2000-0420 EO0039 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WCR 126, AND ACCEPTANCE OF DEED OF DEDICATION - TERRY GRAZING ASSOCIATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EXCUSED La/ ��1� 4; �.;�;: l - arbara Kirkmeyer, Chair Weld County Clerk to the 13 ar' ; aw !no r�.�404 �t4 .f ile, Pro-Tern BY: / Deputy Clerk to the Bo �/�.• Z- " eorge'G Baxter /� APPRO VED AS TO FORM: I, F RM: a� aunty ',tome ((�G.u4 fr fa Glenn Vaad — 2000-0420 EG0039 1(-Q AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126;AGREEMENT BETWEEN TERRY GRAZING ASSOCIATION AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /47 day of fy</ , by and between Terry Grazing Association, whose address is P.O. Box 3170, Cheyenne, Wyoming 82003, 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 I0`h Street, Greeley, Colorado 80631, hereinafter referred to as "County." W FINES SETH: WHEREAS, County finds it necessary to rebuild and improve a bridge on WCR 126, which is known as Bridge 126/19A, Weld County Project No. 322, and WHEREAS,Owners own the right-of-way 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 of a new bridge for WCR 126, and realignment of said roadway, and WHEREAS, Owners wish to cooperate with County in said rebuilding and improvement project. NOW, THEREFORE, the parties herein agree as follows: 1. Owners agree to convey and County agrees to accept the Right-of-Way for just compensation, which compensation shall consist of the following: a) In consideration of the conveyance of a portion of Right-of-Way for a portion of existing WCR 126 right-of-way which is no longer necessary for road purposes ("Old Right-of-Way"), County agrees to set for hearing and 10 consider,pursuant to the provisions of C.R.S. §43-2-301,the vacation of Old Right-of-Way. Old Right-of-Way consists of approximately 0.406 acres. b) Parties recognize that the vacation of Old Right-of-Way must he done in accordance with provisions of C.S.R.§ 43-2-301. However, if after hearing, Old Right-of-Way is not vacated,parties agree that alternative compensation will be negotiate. 2. Owners agree to grant the Right-of-Way to County by Deed of Dedication free and clear of all encumbrances. 3. County agrees to pay the costs of title insurance and recording fees if necessary as determined by County. Sheet 1 of 2 111111111111111111 Hal 11111 IBM 111111111111 2751316 02/24/2000 02:07P JA Suki Tsukamoto 1 of 3 R 0.00 D 0.00 Weld County CO 2000-0420 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 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 Right-of-Way for the purpose of said rebuilding and improvement project. 6_ Owners warrants that he/she are the owners of the Property and will defend title thereto against all claims. 7. General taxes for the year 1999 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. Owners represent and warrants that all general taxes levied prior to such year have been paid in full by Owners. 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. OWNERS: TERK RAZING ASSOCIATION ��ff>l i Ron Thiel, Member and Manager ATTEST: Wv BOARD OF COUNTY COMMISSIONERS i�Aa�w��► OF WELD COUNTY, STATE OF �� COLORADO CLERK TO THE BOARD •F ,C` ` COUNTY COMMISSIOl4'R: ep BY: u, . / BYgtih.(,tiYA- / Deputy Clerk to the B0 II 17 / Barbara J. Kirkneyer, C air (02/14/2000) in wplilcsVduns\wcr I2(.mrr Sheet 2 of 2 111111111111111111 III 111111111111111111 III 11111Iill Ill 2751316 2 of3 R 02/24/2000 02:07P JA Weld County lCOsukamoto 31 q`( 7 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Terry Grazing Association, of P.O. Box 3170, Cheyenne, Wyoming 82003, being all of the owners of the 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(I)(a),free and clear of all liens and encumbrances and warrants title to the same. Ron Thiel, Member and Manger STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this _Le/ day of , / l7, by /Zc,., 7174-/ Witness my hand and official seal. Notary Public 4 My commission expires: t 4 Z gay *** This Deed of Dedication was previously recorded on February 24, x"000, at Reception Number 2751315 in the Office of the Weld County Clerk and Recorder. It re-recorded re-recorded for the purpose of attaching the correct legal description. 111111 11111111111111111 111 1111 It I" 2767947 05/12/2000 04:10P JA Suki Tsukamoto 1 of 3 R 0.00 D 0.00 Weld County CO 11111 111 11NII I�lll l 1111 111 2751315 02:07P 2 R 0.00 0 0.00 Weld County Coukamoto 1 of og000- oyao 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 lUth day of F•e.hru , 200,0 . ATTEST: � i/ ��j+%,"., � COUNTY OF WELD, A BODY CORPORATE CLERK TO 1�ti�a ' �<1J`� AND POLITIC OF THE STATE OF COUNTY COMMISSION,' • . wt6v� � COLORADO THE COUNTY OF WEE 11 no ;f t`��i� , " J BY: (� � �. I�'► � i '� BY: � � � � � Deputy Clerk to the Board arbara J. Kirkmeye , Chair, osi/N/,y) BOARD COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) / The foregoing instrument was acknowledged before me this }41 day of fi , 20W , by Barbara J. Kirkmeyer, Chair, BOARD OF COUNTY Ce-ff�G�ERS OF THE COUNTY OF WELD. Witness my hand and official seal. PAY , Nota Publi /nor ��'ti!�`, • My come s en mint p GILLINGNIW) • 9�OF ray/ m\wplilesV dons\accu66mnbssionExpires maixlat2002 Illillillatt X2-24 20 �IIII 1111111111111111111111 Arlin 11111 1111111 U 111111 111111 III 11111 liii liii 27513152 of 3 R 0.00 D 0.00 Weld County 2 of 2 R 0.00 0 0.00 Weld County CO CO v' 4 EXHIBITj _.., F., _ T �y h� II'IIIt �1V 1�L �. 1�' e scriuD A.1 'SlI 1�1 Jl II'IIII'lll1I'll'II'W�Ir IIII IIII IIII &y p 2751316 02/24/2000 02.07P JA Suki Tsukamoto A 3 of 3 R 0.00 D 0.00 Weld County CO Description—Terry Grazing Assp A portion of the Southwest "/4 of Section 23, Township 11 North, Range 67 West of the Sixth Principe' Meridian, Weld County, I I'llll I'lll lllllll'I'I Ill'll'lll I'II�I 111 I'II'IIII II'I Vv Co orado being more perticu'.arly described as follows: o cni 2757947 Co hsidering the East 'ire of the Northeast 1/4 of Section 27, Township 11 North, Range 67 West of the Sixth Principa', Meridian, 3 of 3 R 0.00/0 0/2000 04:10P JA Suki Tsukamoto 00 D 0.00 Weld County CO r .!> Weld County, Colorado DS bearing S 01'19''.3" W and with all bearings contained herein relative thereto. u ii .0 5'�o co BEGIN at. the South 1/4 corner of Section 23, Township 11 North, Range 67 West of the 6th Principal Meridian, Weld County, Co orado; thence run S 89"5'.3'24" W a ong the South line of the Southwest 1/4 of said Section 23 for a distance of 1083.04 feet to the beginning of a non--tangent curve, concave to the South and having a radius of 2,040.00 feet and a chord bearing of N 44'24'59" E; thence leaving said South line run Easterly along the arc of sold curve for a distance o' 389.17 feet through a central angle of 10'55'49" to the end of said curve; thence nun N 89'49'54" E for a distance of 696.60 feet to toe East line of the aforesaid Southwest 1/4 of Section 23; thence run S 00'22'11" W for a aistance of 40.00 feet to the Point of Beginning. Containing 36,954.7 square `eet or C.848 acres more or less and being o Jbject to any easements or rights of way of record. c ei POINT CF BEGINNING South 1/4 corner of Section 23-T11N--667W-6PM set iror 3/4" rod and 2" alum;num disc marked as shown. Frederi.4: / Tr IN P i7W . ;26 s\ ‘ '999 9 511,' ./4 of Section 2.3 Pt.S 32444 \ 3 N 89°49'54" E 696.60' \, . ✓000ted NCR 125 nyht of way._',��•�' — — _ N new WCR 126 right of way — — d cq — — — — — 3 89°.59'24' 1083.04' o — —_— i, — — — _ __ _ __ — --- _ _ — _— _ — a•�aroted i1'CR�2e Want of w _ _ -- --_ _ ril ---- 6 — -- — — -- — — — — -- — -- -- — — — R j2 — ^'1 w0f wolf 7O.)igilt / �- south line SW-1/4 Section 23 west 1/2 of SISCii0/7 25 I Cie - - 99019 I Notes: Date I,_—.- R _ is n --_..� ..Id Slrvey Prepared for. 'rojea#: .001d Ti s is not rronumentec Iona survey, n/° NCTIGF,; According to Colorado law you must commence - Forty Chief Weld CG�UIlt No title "nfo-motion provided at .he time of this 3% eny legal action based upon any defect in this survey sur�!y I' s possible there a _ eaerde attn. �----- � _ n/o __ within three years oft.?r v0.1 i'. discover such detect_ - -- ---_ --.__ _— ___._— - .-1 L c mputed IT;h--_--.----- _ _—._---- ---..— „rceco de.1 documents which may c`fect the ll o event, may any action hosed !,pan any defect n _ � _ _ _—__—I__ MB: Frederick Land Surveying Coundary of th s pro perry. tins survey be commenced more than ten years from No wet'ands dete m a`.io s were mad: this dato. __� _ _ ___ __ ___I Drawn, by I I.,28 North, Linn,r av=nue -- Suite 2 the date of the certi`Ication shown hereor. — No improvements. other than those shown, were MBS Loveland, Colorado 80538 located this date. '—'— - --- -- --`"-- 1Sc100, (970) 669-2100 — FAX (970) 669-3725 Hello