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Home My WebLink About20002779 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 59, ACCEPT DEED OF DEDICATION, AND AUTHORIZE CHAIR TO SIGN - DONALD SLOAN/WILLIAM SIEBERT 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 59 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 Donald Sloan, do William Siebert, 3535 West 12th Street, Greeley, Colorado 80634, with terms and conditions being as stated in said agreemert. for property described in Exhibit A, a copy of which is attached hereto and incorporated herei by reference, and WHEREAS, after review, the Board deems it advisable to approve said agreement and acceptance, a copy of which is attached hereto and incorporated herein by reference. WHEREAS, pursuant to said agreement, Donald Sloan, c/o William Siebert, 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 59 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 Donald Sloan/William Siebert be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld Count/, 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. 2000-2.79 n EG0039 f u1 Q-ccm AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 59 - DONALD SLOAN, C/O WILLIAM SIEBERT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of November, A.D., 2000. BOARD OF COUNTY COMMISSIONERS ' A WELD COUNTY, COLORADO ATTEST: / %4srz EXCUSED TE OF SIGNING _ (AYE1 Barbara J 'rkmeyer, Chair Weld County Clerk to th;coa ' \//"),--', L (' so n 9 1867 � i ,� � ;��` I . J. le, Pro-Tern BY: _//L_ -�!�. .. Y�M1M1" �' '- K r Deputy Clerk to the Bc �7 D� ocP �-P rA '� zo e ---_ c(�l IN \. orb E. Baxter �2Z AVPROVUI , TO FORM: z r ) L Dale K,,Hall �� yN 7 C@ y Attorneyorney/&e IS,/,d`t' ri County ) Glenn Vaad 2000-2779 EG0039 etteire,' MEMORANDUM COLORADO TO: Clerk to the Board DATF: Octob r ?7. - r 00 FROM: Frank B. Hempen. Jr., Director of Public Works/County Engineer ' SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Purchase of Property Agreement between Donald L. Sloan, William :. Siebert,as Trustee and Wei, • :our. After execution by the Chair prior to recording and resolution, please send a copy of the agreement to Drev Schelltinga to expedite payment. After the resolution is signed and ail documents are recorded, please send a copy of the entire pa I:age Drew Scheltinga. The appropriate documentation is attached. Enclosures 2000-2779 1_ ; ' WESTERN STATES Lana services, I n C. Acquisition and Permitting S ciIiiii 4021 Lissa Drive Loveland, Colorado 80537 (970) 667-7602 • Metro(303) 938-1414 October 19 , 2000 Fax(970) 667-7603 Drew Scheltinga, Engineering Division Manager Weld County Public Works Department 1111 H Street P. O . Box 758 Greeley, Colorado 80632- 0758 RE : Bridge Improvements - WCR 59 at Bridge 59/16A Sloan/Siebert Drew: Hope things are going well . Enclosed you will find a modified Agreement in original form that has been fully signed and acknowledged on behalf of Donald L. Sic-an and William J. Siebert , as Trustee . The enclosed Agreement is relative to the above referenced project and parcel and is berg transmitted to you in order to obtain the appropriate Weld County signatures, acknowledgements and subsequent payment . Once you hive obtained the appropriate signatures on the enclosed Agreement , please process a payment request in the amount of $2, 000 . 00 payable to Donald L. Sloan and William J. Siebert, as Trustee . Once I receive a copy of the signed Agreement and the payment check beck from you, I will commence final closing procedures with Mr . Sican and Mr. Siebert . As always, please feel tree to call me at 970/667-7602 should you have any further questions . Sincerely, WESTERN STATES LAND SERVICES , INC Mike D. Noonan Consulting Acquisitions Agent MDN/sj Enclosure weldcnty\c40#8a\schelt . __t7 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD #59; AGREEMENT BETWEEN DONALD L. SLOAN, WILLIAM J. SIEBERT, AS TRUSTEE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 6th day of November , 2101 oy and between DONALD L. SLOAN, WILLIAM J. SIEBERT, AS TRUSTEE, wh se address is c/o William J. Siebert, 3535 W. 12th St . , Greeley, Colorado 80634 , hereinafter referred to as "Owners, " and the Cbun::iy of Weld, a body corporate and politic of the State of Colorado , by and through its Board of County Commissioners, whose address is 115 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County. " WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve laie bridge and related facilities along Weld County Road (WCR) 59 , jsst south of Keenesburg, and WHEREAS, Owners own the parcel (s) described in the at .acha.d Exhibit "A" , hereinafter referred to collectively as "Parce: c" , and WHEREAS, County needs the Parcels in order to complete tie said bridge and roadway project, and WHEREAS, Owners wish to cooperate with County in said bridge and roadway project . NOW, THEREFORE, the parties herein agree as follows : 1 . Owners agree to sell and County agrees to purchase the Parcels for the sum of TWO THOUSAND DOLLARS ($2 , 000 . 00) ($826 . 00 - right-of-way, $1, 174 . 00 - damages) . 2 . Owners agree to grant the Parcels to County by Deed ref 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 . 4 . County will not disturb the spillway at the southern end of dike forming the pond immediately upstream from the bridge . 5 . At the direction of the Owner, the County will place concrete rubble generated from demolition of the old bridge on the north side of the pond described in paragraph 4 above . The County makes no guarantee placing the concrete rubble will be effective in controlling HMI IIIII HIM IIIII II IIIIIIII III IIIII II II IIII 2807678 11/17/2000 02:02P JA Suki Tsukamoto 1 of 9 R 0.00 D 0.00 Weld County CO erosion and will not be responsible for tutire maintenance of the concrete rubble or erosion of _se pond. 6 . County will reset the existing eight inch diameter fene posts located in the existing road slope to the botton Df the new road slope . 7 . Owner agrees to sell County soil for the construction )f the bridge and road approaches at the price of SC cetts per cubic yard. The Owner will identify the borrow area from which the soil may be taken and the haul route fo remove the soil . Owner will be responsible for removing any material or facilities from the borrow area . Cou:•ty will smooth the borrow area and haul route with a motor grader . Owner will be responsible for any restoratior to the borrow area or haul route . County agrees tfl keep accurate records of all soil removed from Owner' s property and will make said records available to Owner for inspection. 8 . The parties hereby agree that neither has made pr authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise , )r consideration different from the terms herein ccn-ain-=_d shall be binding on either party, or its agents Dr employees, hereto . This Agreement embodier: all agreements between the parties hereto and there are to promises, terms, conditions, or obligations referainc no the subject matter whereof other than as ccn- ain d herein. 9 . 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 constructing the project . 10 . Owner warrants that he/she is the owner of the Parcel and will defend title thereto against all claims . 11 . General taxes for the year 2000 for the Parcels shall be apportioned to the date of delivery of the deed ha.sef 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 oy owner. I BM IIIIIII II'll IIIII II IIIIIIII III Ilill IIII IIII 2807678 R10.00/2D 0.002W d CountytCO ukamoto IT IS MUTUALLY AGREED that the terms and conditions of tills Agreement shall extend to and be binding upon the heirs, executor ;, administrators, successors, and assigns of the respective parties hereto . IN WITNESS WHEREOF, the parties have set their hands Dn _,ie day and year first above written. OWNER : D NAL L. LOAN WILLIAM JIEBERT, AS TRUSTEE 844.2 / e>/4.1.-1 TAX ID# (if applicable ) : ATTEST: C t1.C\\, \ , \,,_\ \\l. Lu J��,I BOARD OF COUNTY COMMISS [ONEIRS , � OF WELD COUNTY, STATE OF qpe COLORADO 411 `,Ism ( `Q;�Rte. CLERK TO THE BOA S • \ 'q4i �1 COUNTY COMMISSIO Lt 4 BY: / i a, Li1 )-19A.A./ vl './ 21. Deputy Clerk to rd r Warbara J. Kirktrever, r (11/06/2000) 1111111111111111111 11111111111111111111111111111111 IIII 2807678 11/17/2000 02:02P JA Suki Tsukamoto 3 of 9 R 0.00 D 0.00 Weld County CO ACCEPTANCE The County of Weld, a body corporate and politic of the Stare 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 S- atate 4.3 -2-201 (1) (a) . Dated this 6th day of _ November 2000 ATTEST: COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO LlAtek 1EL:a - CLERK TO THE BOA•'r , p ` OF COUNTY COMMIS , Qg ` ::�j� �SQ� THE COUNTY OF WE ' fl BY: ��-i `-_.u]_t BY: ` -. n.4 _ Deputy Clerk to �-.6' d -Barbara J. Kirkmeer, Ch i,k 11/0b 2000) BOARD COUNTY COMMISSIONERS OF IRE COUNTY OF WELD STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 6th day o f November 2 0 0 0 , l' y Barbara J. Kirkmeyer r .ti ty Board of Commissioners , Weld County, Colorado. Ate B O `i Witness my hand and s c BECH � y T� y Pu c -VtOFCCA. My commission expires : My Oaken Wei AO la 2004 WFLDCNTYVc4G7t8:lv..3i , n 3g2 11111111111111111111111111111 it 11111111 III 11111 IIII IIII 2807678 11117/2000 02:02P JA Suki Tsukamoto 4 of 9 R 0.00 D 0.00 Weld County CO EXHIBIT B DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Donald L. Sloan and William J. Siebert, as Trustee, whose address is c/o William T. Siebert , 3535 W. 12th St . , Greeley, CO 80634 , being all of _ae owners of the Parcels in Weld County, Colorado, which is descr_ioad in the attached Exhibit "A" do hereby dedicate forever said Parc_ Ls as parts of a public highway, pursuant to Colorado Revised Stat .ace 43 -2-201 (1) (a) , free and clear of all liens and encumbrances ind warrants title to the same . DONALD L SLOAN �c$� 44 J SIE BEtheele RT,,/tyro W AS TRUSTEE STATE OF COLORADO ) ) ss . COUNTY OF WELD The foregoing instrument was acknowledged before me this \ `\ da} rf Cl>c 200C>, by Donald L . Sloan . Witness my hand and official seal . \ , Not.Nry Public My commission expires : STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this \\,,`_` da} of •k:_k , 200( , by William J. Siebert, as Trustee . Witness my hand and official seal . S1)'- Notay Public ° M cimmasien eyp es : \ y) \`. C ,\A Lt PUBLIC ;a I111111111111111111111111111111IIIIIIII Hit IIII IIII .. o ..... 2807678'' QP. 2807678 11/17/2000 02:02P JA Suki Tsukamoto OF CO- , 5 of 9 R 0.00 D 0.00 Weld County CO EXHIBIT A, PAGE 1 of 4 PROPERTY DESCRIPTION Proposed Weld County Road Right-Of-Way Section 26-T.2N.-R.64W. A strip of land Forty feet(40') in width and being part of the Southeast Quarter of the. Southeast Quarter (SEI/4 SEI/4) of Section Twenty-six (26), Township Two North (T.2N.), Range Sixty- four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: Said described strip of land being the West Forty feet (40') of the East Seventy feet (70') of the South Three Hundred and Eighty feet (380') of said SE1/4 SEI/4 of Section 26. EXCEPT that part of the aforesaid 40' strip of land contained within that Quit Claim Deed for Right-Of-Way (ROW) for Weld County Road #59 (WCR #59) as recorded September 15, 1983 in Book 1007 as Reception Number 01940435 of the records of the Weld County Clerk and Recorder (WCCR). Said described parcel of land contains 5,546 Square Feet, more or less (f) (0.127 Acres, more or less (±)) 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. \S) .. • •• �� O. Charles B. Jones +Q •ri: I7.t� Apr 1:5 22098 /'% ; Colorado Registere i Ifrofessional Land Surveyor #220' `.t;/ON.. LAN* S KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 2000111 (April 28, 2000) (File: sec-26-a.txt) 1111111 IIIII 111111111111111111111111111III 11111 Ell till 2807678 11/17/2000 02:0213 JA Suki Tsukamoto 6 of 9 R 0.00 D 0.00 Weld County CO RIGHT-OF--WAY E X H I D I I PART 0 3L( ON Page 2 o'� 4 T.2N., P.64W. tith 1 M. 30' irai I a --o o — �a.=E 40' O cn 'I-0 U IMMO Y / 1D MI=CS)C / —Co IIMIMI-1U mod- N 4. / —ea —N O Nom. O BOG O a p N _.--O 7 • earp IIM co CC F —0.- b lall=O Q N _N n /1.1 X .6 O CO W co W Z K J h Y . F K a a Lilo 0 • co • •. . in SECTION 26 ao'•. . SECTION 25 • tTo.fAL AREA • 5,5,46 WELD COUNTY ROAD #59 • -SQ, FT. ch RIGHT-OF-WAY v1 'TREC. NO. 1940435 DATED • 9/15/83 IN BOOK #1007 o , . . or • 4i 40 '•-4 U • • `' • SOUTHEAST CORNER, /SECTION 26, T.2N., R.64W. •A, SOUTH LINE, SOUTHEAST QUARTER, SECTION 26- - - - - ' I I SEOT!ON 35 1 V. '°_. SECTION 36 • II 50' 25' 0 50' . I I 1 " = 50' ZINC SURVEYORS, INC PROJECT NO: 20001 1 .. 9299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 4/27/2000 ��I PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: WELD COUNTY I WWW.KINGSURVEYORS.COM DWG: BR5916A-REV-i1 EXHIBIT A, PAGE 3 of 4 PROPERTY DESCRIPTION Proposed Weld County Road Right-Of-Way Section 35-T.2N.-R.64W. A strip of land Forty feet (40') in width and being part of the Northeast Quarter of the Northeast Quarter (NEI/4 NE1/4) of Section Thirty-five (35), Township Two North (T.2N.), Range Sixty- four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: Said described strip of land being the West Forty feet (40') of the East Seventy feet (70'1 of the North Seventy feet (70') of said NE1/4 NEI/4 of Section 35. EXCEPT that part of the aforesaid 40' strip of land contained within that Quit Claim Deed for Right-Of-Way (ROW) for Weld County Road #59 (WCR #59) as recorded September IS, 1')83 in Book 1007 as Reception Number 01940435 of the records of the Weld County Clerk and Recorder(WCCR). Said described parcel of land contains 1,961 Square Feet, more or less (±) (0.045 Acres, mor, or less (±)) 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. Charles B. Jones ' 22098 • Colorado Registereufittrssional �� Land Surveyor #2209yJy '•••.•••. gJ LA„- ICING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 2000111 (April 28, 2000) (File: sec-35-a.txt) • I MNM LL1ULJ'Ui, LJ" ;!y; JA Suki Tsukamoto 8 of 9 R 0.00 D 0.00 Weld County CO APART SF SLR` ION 5, I PoGE IT-OF WAY EXHIBIT page 4 o = 4 T.2N., R.64W 6th I M SECTION 26 SECTION 25• h 0 • IX AREA = 1961 SQ. FT. o• . 1 a, NORTH LINE, NORTHEAST • - — _ __QUARTER, SECTION 35 -,,,,iNTH — _ . 1 10' r. / NORTHEAST CORNER, SECTION 35, T.2N., R.64W. 1 • 10' / .: 7 30' 40' • SECTION 35 tn< M SECTION 36 ,r w z r o O U WELD COUNTY ROAD #59 z N RIGHT-OF-WAY z REC. NO. 1940435 DATED -J ce c1 9/15/83 IN BOOK #1007 • i-- CY N < < 7 lil O 10' ~ • • I! 111111IIIIII111111111111111111IIIIIIIII III 11111 Ill lilt 50' 25' 0 50' 2807678 11/17/2000 02:02P JA Suki Tsukamoto _._—_ 9 of 9 R 0.00 0 0.00 Weld County CO - ____ 1 " = 50' 4 KING SURVEYORS, INC PROJECT NO: 2000111 dr 9299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 4/27/2000 �4% PHONE: (970) 686 5011 FAX: (970) 686-5821 CLIENT: WELD COUNT! WWW.KINGSURVEYORS.COM DWG: BR5916A REV-A Hello