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Home My WebLink About20003246.tiff 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 - BARBARA MCMILLAN, PAUL SWANK AND ALEX SWANK 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 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 Barbara McMillan, Paul Swank, and Alex Swank, do Barbara McMillan, 6795 Colorado Boulevard, Commerce City, Colorado 80022, 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. WHEREAS, pursuant to said agreement, Barbara McMillan, Paul Swank, and Alex Swank have 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 the 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 Barbara McMillan, Paul Swank, and Alex Swank 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. 2000-3246 EG0039 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 59 - BARBARA MCMILLAN, PAUL SWANK, AND ALEX SWANK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of December, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLD' 'DO k, v° -arbara J. ' mey•r, Chair/ ysyS . he Board s M. J. eile, Pro- em � ,,►�l u ldiotheBoard Cx � �-- `��"'�� E, : .e Baxter APP ED FORM: : : :: ale . ll ount "Attbrney AL d 2000-3246 EG0039 MEMORANDUM ,, ��.�v , > PM ,. 47 � TO: Clerk to the Board DATE: December 18, 2000 COLORADO 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 Agreement of Property for Improvements to WCR 59; McMillan, Swank, and Weld County Note: After the Chair has executed the agreement, please send a copy to Drew before recording. The appropriate documentation is attached. Enclosures WCR 59 A 61, C)(.'SC/ 2000-3246 0,36 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD #59; AGREEMENT BETWEEN BARBARA MCMILLAN AS TO 80% INTEREST, PAUL SWANK AS TO 10% INTEREST AND ALEX SWANK AS TO 10% INTEREST AND WELD COUNTY, COLORADO pp -� THIS AGREEMENT is made this L' day of �tw�X- - ,200 by and between BARBARA MCMILLAN AS TO 80% INTEREST,PAUL SWANK AS TO 10% INTEREST AND ALEX SWANK AS TO 10% INTEREST , whose address is c/o Barbara McMillan, 6795 Colorado Blvd., Commerce City, Colorado 80022, 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 Exhibit "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 TWO THOUSAND THIRTY DOLLARS ($2,030.00). 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 1111111111111111111 III 1111111 III 1111111 III 111111111 IIII 2819936 01/18/2001 01:47P JA Suki Tsukamoto 1 of 7 R 0.00 D 0.00 Weld County CO 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 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 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: S&tALAAAI ‘Nkt-A\33-9CWN ;&kJ L,f),A,,,i BARBARA MCMILLAN AS TO PAUL SWANK AS TO 10% INTEREST 80% INTEREST � aC�� t ? Lido ALEX SWANK AS TO 10% INTEREST saa - (cc - 97,2a TAX IDS (if applicable): ATTEST: Aloes .k------ 1111111 HI 1111111 III 1111111 III 1111111 III 1111 1111 IIII 28 7 R 0.00 936 /2Tsukamoto 0 0.00 Weld County CO 2 of afililikbd BOARD OF COUNTY COMMISSIONERS OF ,.� ��, WELD COUNTY, STATE OF COLORADO CLERK TO THE BOARD • � =, COUNTY COMMISSIO R9[ Qii) iii1 BY: moo. _! _: c 7tt"' ',d J. ',Ki / 3tiy(it Deputy Clerk t•�y %�1�' / Barbara Kir m , 'Chair • � (12/27/2000) 1111111111111111111 III 1111111 III 1111111 III 11111 IIII IIII 2819936 01/18/2001 01:47P 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 25-T.2N.-R.64W. A strip of land Forty-five feet (45') in width and being part of the Southwest Quarter of the Southwest Quarter(SW1/4 SW1/4) of Section Twenty-five (25), 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 East Forty-five feet (45') of the West Seventy-five feet (75') of the South Four Hundred and Ten feet (410') of said SW1/4 SW1/4 of Section 25. Said described parcel of land contains 18,450 Square Feet, more or less (±) (0.424 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 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. 00 R ... . • • rl Charles B. Jones ;- it Colorado Register's gfessional . ' 0719/ Land Surveyor #220 ` 0° LAND KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 2000111 (April 26, 2000) (File: sec-25-a.txt) HIV 11111 Inn]IIIIIII III IIIIIII III VIII IIII IIII 2819936 01/18/2001 01:47P JA Suki Tsukamoto 4 of 7 R 0.00 D 0.00 Weld County CO RIGHT-OF-WAY EXHIBIT PART OF SECTION 25, page 2 o 2 T.2N., R.64W. 6th P.M. I 45' 30' I o� a 0 rer 3 z O LL O 0 0 I Z 52 z — F ¢ VJ X W A.H N�.I 3 N f z 0 O O U • W • w In zCC J w F F ' a SECTION 26 75 o SECTION 25 a : LL ci /00, O, a 46 In oo/ CC a U SOUTHWEST CORNER, SECTION 25, T.2N., R.64W. SOUTH LINE, SOUTHWEST 30' / QUARTER SECTION 25 7 ' I 45' • • SECTION 35 SECTION 36 1111111111111111111III1111111III1111111III11111101111 50' 25' 0 50' 2819936 01/18/2001 01:47P JA Suki Tsukamoto 5 of 7 R 0.00 0 0.00 Weld County CO 1 " = 50' Al !KING SURY1YOR3 INC. PROJECT NO: 2000111 `k:� 9299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 4/27/2000 An 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 BARBARA MCMILLAN AS TO;80% INTEREST, PAUL SWANK AS TO 10% INTEREST AND ALEX SWANK AS TO 10% INTEREST, of c/o Barbara McMillan, 6795 Colorado Blvd., Commerce City, CO 80022, 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. B BARA MCMILLAN AS TO 80% INTEREST %, J PAUL SWA K AS TO 10% INTEREST ALEX SW �AN AS TO 1 0 INTEREST STATE OF COLORADO ) )SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 5 day of jnao,�,,/ , 2001, by Barbara McMillan, Paul Swank and Alex Swank. �Wititi and official seal. 1: ARV . /2.4-titAun (Alit/Isr, .0O !G I Notary Public a' PU 9�‘ My conirfiission ex�+4a' (-I 6--2-00 rye Ire DfVP I IIIIII IIIII IIIIIII IIIIIII IIIIIII IIIII IIII IIII 2819936 01/18/2001 01:47P 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 27th day of December , 200 . ATTEST: COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO ile CLERK TO THE BOAR'J OF COUNTY COMMI 1O ..l0,4 4, THE COUNTY OF W •s" r'�,�e, 's��l p � � BY: V/� G. I�. !i I �(1 ,BY• �,citR- 4 /'IuG,(G� Deputy Clerk to t �•m iu,� Barbara J. Ki cmeyer, Chair BOARD COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) )SS. COUNTY OF WELD ) • The foregoing instrument was acknowledged before me this 27th day of December , 200_Q by Barba ... ... .irkmeyer , Weld County Board of Commissioners, Weld County, C. -".400.pV~ Witness my hand and o, I seal. p . 4/WLet-liNotar/y DONN BECHLER A R Public OFc... My commission expires: •••-- prC WELDCNmc40#8c1\mcmivan\agt p®mltNep Erp/m April 10,2004 1111111 VIII 1111111 MINIM 1111111 III VIII 11111111 2819936 01/18/2001 01:47P JA Suki Tsukamoto 7 of 7 R 0.00 D 0.00 Weld County CO Hello