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Home My WebLink About20000419 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 - KENNETH AND SHARON MOSNESS 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 Kenneth and Sharon Mosness, 9961 Weld County Road 126, Carr, Colorado 80612, 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, Kenneth and Sharon Mosness, 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 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 Kenneth and Sharon Mosness, 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. pa: EG, may° , 2000-0419 EG0039 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WCR 612, AND ACCEPTANCE OF DEED OF DEDICATION - MOSNESS 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 /IX WELD COUNTY, COLORADO EXCUSED /� � � /' = A , Barbara J. I kmeyei, Chair Weld County Clerk to the/r.oar• "\. / J -- . J. eile, Pro-Tem Deputy Clerk to the �: ":..._:. ,,,4'� V^ x ? _ _ v ..if ii-\\. eorge Baxter APPROVED AS TO F92M: _ -- / — / Dale Dale K L_Cetifitcynt—ne, -1----___ /IS Ziii-4 Glenn Vaadc 2000-0419 EG0039 AGREEMENT 3 i' CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126; AGREEMENT BETWEEN KENNETH MOSNESS AND SHARON MOSNESS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 1'! day of _ _�w-2000, by and between Kenneth Mosness and Sharon Mosness whose address is 9961 Weld County Road(WCR) 126 Carr,Colorado 80612,hereinafter referred to as "Owner,"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 91 5 10' Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: 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,Owner own the Right-of-Way described in the attached Exhibit"A",herei natter 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, Owner wishes to cooperate with County in said rebuilding and improvement project. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees 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 the 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 to consider,pursuant to the provisions of C.R.S. §43-2-301,the vacation of() cl Right-of-Way and a portion of right-of-way dated July 14, 1914 as recorded in Book 373, Page 423, Weld County. b) Acquisition of an easement for access to the new WCR 126. Acquisition of said easement will be obtained through Weld County from a grant of easement from Andesite Rock Company. c) Parties recognize that the vacation of Old Right-of-Way must he in accordance with provisions of C.R.S § 43-2-301. I Iowever, if after hearing, Old Right-of-Way is not vacated,parties agree that alternative compensation will be negotiated. 2. Owners agrc : to grant the Right-of-Way to County by Deed of Dedication free and clear of all ei cumbrances. 3. County agrees 'o pay the costs of title insurance and recording fees if necessary as determined by County. Sheet I of 2 11111111111111111 III 11111111 HINDI III 11111 In 2751318 02/24/2000 02:07P JA Suki Tsukamoto 2000-0419 1 of 3 R 0.00 D 0.00 Weld County CO EGGK , i 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 ofthe Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2000 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: Kenneth Mosness -4,41,4:24 4 ,,/�7 ✓, O t'd -- oc n Mosness \CY\ t��" >��__ ATTEST: lime BOARD OF COUNTY COMMISSIONERS ►� IIa OF WELD COUNTY, STATE OF COLORADO CLERK TO THE BOAR I , %n COUNTY COMMISSION' R BY: 6,°�-, v� - Vim a Le/ ° . y�� BY 2 I Deputy Clerk to the Board' , ---r/ Barbara J. Kirkmey , Chair i'o2//1/2 / r wplilesVduns\wcr 126 mos Sheet 2 of 2 1 1111 11111 111111 III 111111111111111111 III 11111 IIII IIII 2751318 02/24/2000 02:07P JA Suki Tsukamoto 2 of 3 R 0.00 D 0.00 Weld County CO "1.I DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Kenneth and Sharon Mosness, of 9961 Weld County Road 126, Carr, Colorado 80612, 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 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. .1 ';27.4...-r-t_ 74-8-4-2.---c_e_. --2 e neth Mosness ' 1\k'r�l Z \\)-.\Q, -'LA,S tiJ Sharon Mosness ***This Deed of Dedication was previosuly recorded on February 24, 2000, at Recption Number 2751317 in the Office of the Weld County Clerk and Recorder. It is being re-recorded for thesquxitsoFo6(Atatkfillt)he correct legal description. ) ss. COUNTY OF WELD ) ,'� The foregoing instrument was acknowledged before me this /`7/ day of s��F'ecesr1,7 ter' , 19`9, by kt.vine IL 2 51a.ccc 1 ///cs...lc • . Witness my hand and official seal. Notary Public My commission expires: p-,,j ('L,2c'c / 1 111111 11111 1111111 1111 IIII 111111111111 III 11111 1111 IIII 2767948 05/12/2000 04:10P JA Suki Tsukamoto 1 of 3 R 0.00 D 0.00 Weld County CO 111111111111 1111-111-1111111111111 III 11111 1111 1H1 2751317 02/24/2000 02:07P J uki Tsukamoto 1 of 2 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 / a day of frzErua-i , 20 a)-. ATTEST: COUNTY OF WELD, A BODY CORPORA E CLE TOT •M• . �� h:l�f j , AND POLITIC OF THE STATE OF COUNTY COMMISSIONLi OF F` COLORADO THE COUNTY OF WELD BY: i :.i �v 'rt ) . 1 ° 4 BY: Deputy Clerk to the Board' ‘• i Barbara J. Kirkmeye , Chair. BOARD COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this Aid day of , 20O7, by Barbara J. Kirkmeyer, Chair, BOARD OF COUNTY COMMISSI ERS OF THE COUNTY OF WELD. Witness my hand and official seal. • 0•P' Y� P�B Notary blic _ " JEAN D s° My comm signal:mom JAIO My Commission Expires Match 26,2002 m.AwplilcsVdons\accept lbr 1 111111 IIIII1IIIINII-NIIll-I III 111111111111 �� X111 111111111111111111111111111111 11 1111 11 III 11111 2751317 02/24/2000 02:07P JA Suki Tsukamoto 2767948 05/12/2000 04:10P JA Suki Tsukamoto 2 of 2 R 0.00 D 0.00 Weld County CO 2 of 3 R 0.00 D 0.00 Weld County CO Ia i EXHIBIT � - - `D ''}/y'—��'� POINT OF COMMENCEMENT / o ` e =,a NE corner of Section 27, ��,,p 4 NW corner of Section 26, I mom 'I Ma-3 O D s -D t i o n 711N, R67W, 6PM and .` Noineasc corner of Bock 0, CP.RF Cescription—Kenneth & Sharon Mosnesg found iron 3/a" rod and 2' aluminum disc marked as shown o o 1 a, portion of Lot 2, Block K of CARR (original town plat), lying in Section 27, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weid % co County, Co orado being more perticu arly described as follows: /Ti1N R67W I . = o — S221S23 i o r• Considering the East line of the Northeast 1/4 of Section 27, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado 92715 6-o• II as bearing S 01'19'13" 'N and with all bearings contained herein relative thereto. FLS 1997 t coo= -0 0 3 a E q COMMENCE at the Northeast corner of Section 27, Township 11 North, Range 67 West of the 6th Principal Merdian, Weld County, Co.orado, said paint L._ter, also being the Northeast corner of Block 0, CARR original town plat) as recorded in the public records of Weld County, Colorado; thence run S '2'.,,-,sr; 0.9 01'19 13" W a�.ong the East line of :he Northeast 1/4 0' solo Section 27 and the East line of said Block C for a distance of 458.67 feet to the S�ro 03 1 c Northeast corner of B1ock K; thence leaving scid East line run 5 89'57'24" W along the North line of said Block K for a distance of 467.39 feet to o< c o the beginning of a tangent curse, concave to the Southeast and having a radius of 530.00 feet; thence leaving said North line rur Southwesterly along 0 o n line arc of said curve for a distance of 272.17 feet through a central angle of 29'24''57"; tnence S 60'32'27" W for a distance of 446.40 feet to the 0 o beginning of a tangent curve, concave the. Northwest and hav ng a radius of 470.00 feet; thence run Southwesterly along the a•c of said curve for a 0o distance of 140.18 feet through a centrar ang e of 1705'18" to the POINT OF BEGINNING. thence continue Southwesterly along the arc of said curve East line Block 0 &_.,,,,'".7- a o for a dis-:once of 95 71 feet through a c.entra ang e of 11'40'04" to the West line of Lot 2, aforesaid Block K; thence run N 00'02'36" W along said NE-1/4 of Sect 27 N O o West line of Lot 2 for a distance o1 10.38 feet; thence run leaving said West line of Lot 2 run S 89'54'53" E for a distance of 26.80 feet to the 0 0 — beginning cif a tangent curve, concave to the North and having c radius of 3460.00 feet, thence run Easterly along the arc of said curve for a distance of 66.13 feet through a central angle of 01'05'43" to the POINT OF BEGINNING °D. Containing 632.0 square feet or 0.014 acres more or less and being subject VD _`Pe ARF _cm co 6' / o c k Q • NE corner Block K i /1/E 7/4 of Section 457 ,Z"l2 10 W 467.39' 53 hO'CS 75.j4'55" sit?' N line Block K vacated ✓YCR 126 'yy,bt 07 way' / R.. 51 O8. I ��i— mmmil / 7.9 �_._ _ ._ _.. — _ ___ _ __ _ _ /os A l ' j1 � ' wad �" % [: o f 7 , ht of =r.O goy �- 6 WE �Yc1 i , of /- / INCF, 12 aU L o t 2 �i�k°2p� i�E (l gn i _.---- = ', new k ._--7-- =a' N line Lot 2 1"1� / CARR --Defail-- � 3 Z / JCIOateci E' / o c r K O S : ,:48S :: 6 :l6N:INGJ/ 9'54'53"mim i��1 — CB=N69x' — moo See Detail ,�_ - — — — WCR 125 v'tight of 2uay 2:470.00''_=95.71' — cc — eo '��OINT OF BEGINNING 91ew Nm Notes: _ Date R e v s ----- hold S,rvey Preaared for: �'rojec;#,99019.2010 This .s not a mo.ume..ted and survey. � � n'� 7 .] /� NOTICE; According to 5olcrado law you most commence - _— -Party .thief W e id County No title informal.c n pruv'dec at the time of this `� any legal action bawl upon an defect 'r the survey n/.1 J Foss,b :.re a.e recorded anc within three years a t=.r ya.., firs: disc over such defea. re's 's .� --- -I-- ------- ----—r.o m pu tad try---- --- --------- - --- r+r c xd doormen s which may effect the Ir no event, may cry action based upon any cefect in ,- ---- --.-- _.-- J MBE; Frederick Land Surveying th-Is survey be commenced more than ten year, from aoum:ary nf the property' r - - }' g — N wetlands deter ninal ons were made this date. Drawn by No, 1528 North _.inco:n AVE nue -- Su'e 2 the date of the certiflcati o�i shown hereon. — No irr provers ents, other than thane shown, were MBS Loveland, Colorado 80538 located th s date. — -- — Scale (970) 669-2100 — FAX (970) 669-3725 1"=100' • " MEMORANDUM , . C TO: Board of County Commissioners DATE: February 10. 2100 COLORADO FROM: Don Somer, Utility/Right-of-Way Agent SUBJECT: Agenda Item Please submit the following items at the Board's next agenda. Purchase of right-of-way for certain improvements to WCR 126 Four Agreements between Weld County and: Kenneth Mosness and Sharon Mosness Terry Crazing Association Lloyd E. Thomas, Family Trust and Marjorie J. Thomas, Family Trust Andesite Rock Company Please send me copies of the Agreement, Deed of Dedication,Acceptance, Easement, and Exhibits of each su i n documents as soon as they are approved by the Board. Also, please send me a copy of all documents after recording is completed. The appropriate documentation is attached. Enclosures pc: Frank 13. Hempen, Jr., Director of Public Works/County Engineer Drew Scheltinga, Engineering Division Manager Lk) Hello