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Home My WebLink About20002487.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 59 AND AUTHORIZE CHAIR TO SIGN - DONALD AND CONNIE HAIAR 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 and Connie Haiar, 19494 WCR 10, Hudson. Colorado, 80642, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement. copies 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 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 and Connie Haiar 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 16th day of October, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WE C UNTY, � DO ATTEST: ad) ,/'�*j��'�j' s K!l Barbara . irkmeyer, Chair Weld County Clerk t4 e :Ktu' °' ;j 1661 !�i --;, M. J. Ile, Pro-Tem Deputy Clerk to th . � flN . org < . Baxter • APPROVgrO AS TO FM: -- L Da e K. Hall unt Attorn, eS Glenn'n Vaa c. 2000-2487 EO0039 a�.: Pt) ' , �- a C. MEMORANDUM COLORADO TO: Clerk to the Board DATE: October I I. :Cilll FROM: Frank B. Hempen, Jr., Director of Public Worb:s/Cou y Engineer Sti13)ECT: Agenda Items Please submit the enclosed items for the Board's October 16, 2000, agenda: Purchase of Property Agreement between Donald L. and Connie V. liaiar and Weld Count) After execution by the Chair prior to recording and resolution, please send a copy of the entire docume', package to Drew Scheltinga to expedite pacment. The appropriate documentation is allached. Enclosures WESTERN STATES Lana services, inc. Acquisition and Permitting 3peci s 4021 Lissa Drive Loveland, Colorado 80537 (970) 667-7602 • Metro 1303) 938-1414 October 4 , 2000 Fax 1970) 667-7603 REC€!VED Drew Scheltinga, Engineering Division Manager OCT 6 ZOO Weld County un ' Public Works Department Esi c IlcONKS n 21. 1111 H Street P . O. Box 758 Greeley, Colorado 80632 -0758 RE : WCR 59/Keenesburg Haiar parcel Drew: Hope things are going well . Enclosed you will find an original Agreement fully executed en behalf of Donald L. Haiar and Connie V. Haiar relative to the above referenced project . Please note that the enclosed Agreement also contains a fully executed and acknowledged Deed of Dedicatior form on behalf of the Haiars . Upon your receipt of the enclosed Agreement packet , please obtain the appropriate signatures and acknowledgements on behalf of Weld County relative to the Agreement and the Deed of Dedication document . Once you' ve obtained Lie appropriate signatures and payment check it the amount of $350 . 00 payable to Donald L. Haiar and Connie V. Haiar, please reto,arn the original Deed of Dedication document and payment check, aloc.o a. copy of the signed Agreement back to me so that I am able no finalize closing procedures with the Haiars . As always, please feel free to call me at 970/667-7602 should y)u have any further questions . Sincerely, WESTERN STATES LAND SERVICES, INC . Mike D. Noonan MDN/sj Enclosure weldcnty\c40#8d\schelt . l ,3 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD #59; AGREEMENT BETWEEN DONALD L. HAIAR AND CONNIE V. HAIAR AND WELD COUNTY, COLORADO a mini THIS AGREEMENT is made this ,wis day of Prim ,2008 by and between DONALD L. HAIAR AND CONNIE V. HAIAR , whose address is 19494 Weld County Rd. 10, Hudson, Colorado 80642, 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 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve certain bridge and roadway improvements along Weld County Road (WCR) 59, and WHEREAS, Owners own the parcel described in the attached Exhib t 'A", hereinafter referred to collectively as "Parcels", and WHEREAS, County needs the Parcels in order to complete the said road improvement 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 THREE HUNDRED AND FIFTY DOLLARS ($350.00). 2. Owners agree to grant the Parcels to County by Deed of Dedication, attached hereto as Exhibit B, 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. 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 form 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. 111111111111111111111111111111111111111111 1111131111 2804060 11/01/2000 03:55P JA Suki Tsukamoto 1 of 7 R 0.00 0 0.00 Weld County CO 5. 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. 6. Owner warrants that he/she is the owner of the Parcel and will defend title thereto against all claims. 7. General taxes for the year 2000 for the Parcels shall be apportiored 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. O1 ER. L� HAIAR DONALD L. HAIAR CONNIE V. TAX IDS (if applicable): ATTEST: 1HMI 1111111111111111111111111111111111111111 2804060 11/01/2000 03:55P JA Suki Tsukamoto 2 of 7 R 0.00 D 0.00 Weld County CO At n�/ /� f BOARD OF COUNTY COMMISSIONERS OF Jae WELD COUNTY, STATE OF COLORADO 4 �_>> • CLERK TO THE BOARD '\ COUNTY COMMISSION S � ; r BY: `e �� 1 r1: -1 ra/<<u / Ieyer, // Deputy Clerk t ' 1, "Barbara J. Ki /Chair - Pji llJv\� 2- (1C/16/2000) 1111111 11111 1111111 1111 11111 111111 11111 III 11111 1111 1111 2804060 11/01/2000 03:55P JA Suki Tsukamoto 3 of 7 R 0.00 0 0.00 Weld County CO EXHIBIT A, PAGE 1 of 2 PROPERTY DESCRIPTION Proposed Weld County Road Right-Of-Way Section 36-T.2N.-R.64W. A strip of land Forty-five feet (45') in width and being part of the Northwest Quarter of the Northwest Quarter(NW 1/4/4 NW 1/4) of Section Thirty-six (36), 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: Saki described strip of land being the East Forty-five feet (45') of the West Seventy-five feet (75') of the North Seventy feet (70') of said N W 1/4 N W 1/4 of Section 36. Said described parcel of land contains 3,150 Square Feet, more or less (±) (0.072 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. c) RE :. ,.... , • Charles B. Jones f := 221 , : fn Colorado Registered P fssSional • • Land Surveyor #22098 1 �/pNA • / (+LAH. S_ KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 970) 686-5011 Project Number: 200011 I (April 26, 2000) (File: sec-36-a.txt) 1111111 IIIII 1111111 IIII IMAM! III IIIII IIII IIII 2804060 11/01/2000 03:55P JA Suki Tsukamoto 4 of 7 R 0.00 D 0.00 Weld County CO RIGHT-OF-WAY EXHIBIT PART 01 SEC ftDN 36, page 2 O " 2 T.2N., R.64W 6th P.M. SECTION 26 SECTION 25 h I ulk O U ARIA=3,150 SO FT. 45' 30' ' _ NORTH LINE, NORTHEAST I i QUARTER, SECTION 36 T CORNER, I 75' SECTION 36, T.2N., R.64W. I b 30' SECTION 35 45' H SECTION 36 M Q z O o cc) 3 z wz ° o z w 8F J f • ct i_ 8 p FK N X W • • 'I 50' 25' 0 50' 1111111 11111 1111111 HI 1111111111111111 III HIE IIII Till __ --- 2804060 11101/2000 03:55P JA Suki Tsukamoto 1 .. = 50' 5 of 7 R 0.00 D 0.00 Weld County CO / riTh /CNC SURVEYORS, INC. PROJECT NO: 2000111 19299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 4/27/2000 r PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: WELD COUNTY WWW.KINGSURVEYORS.COM DWG: BR5916A--REV-A EXHIBIT B DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that DONALD L. HAIAR AND CONNIE V. HAIAR, of 19494 Weld County Road 10, Hudson, Colorado 80642, 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 encu ances and warrants title to the same. SDONALD L. HAIAR CONNIE V. HAIAR STATE OF COLORADO )SS. COUNTY OF WELD The foregoing instrument was acknowledged before me this .,1,24day of _, 2006, by Donald L. Haiar and Connie V. Haiar. Witness my hand and official seal. ;.Notary Public My commission expires: `t' ,r 7 ,_.!r° - • a'-?;- .. °O[3 LI G 1111111111111111111 I I I 11111111111111111 I I I11111 I I I I I I I I 2804060 11/01/2000 03:55P JA Suki Tsukamoto 6 of 7 R 0.00 D 0.00 Weld County CO 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 16th day of _ October , 2000. ATTEST: COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE �� / STATE OF COLORADO ll 9 EBA CLERK TO THE BOA 1 1� OF COUNTY COM SI THE COUNTY OF (Cj) 2 -, / �� //,, Clerk t „L--- Deputy Barbara J. Ki meye Chair ( 1006R000) BOARD COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) )55. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this i-6th clay of October , 2000, by Barbara irkmeyer -, Weld County Board of Commissioners, Weld County, Colo . . ' P 4 • Witness my hand and off.. _ eal. BEthLERR // vrje l ' otary Public My commission expires: OFD .- ~r Cawaissloa Dykes Apt r42804 WELDCNTY'(L0N8a'\%,gt 1111111 11111 IIIIII1 liii IIIII 111111 11111 III 11111 IIII IIII 2804060 11/01/2000 03:55P JA Suki Tsukamoto 7 of 7 R 0.00 D 0.00 Weld County CO Hello