HomeMy WebLinkAbout20000167.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 6, ACCEPTANCE OF DEED OF
DEDICATION, AND AUTHORIZE CHAIR TO SIGN - DONALD AND SUZANNE
RITTENHOUSE
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 6 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 Suzanne Rittenhouse, 205 North Patit Road,
Dayton, Washington 99328-8724, 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, Donald and Suzanne Rittenhouse, 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 6 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 Suzanne Rittenhouse, 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.
� . g- CA, ?*nhov5G 2000-0167
EG0039
AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS
TO WCR 6, AND ACCEPTANCE OF DEED OF DEDICATION - RITTENHOUSE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of January, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
I_,,,,�� 4rairkmerr
COUNTY, COLORA O
EXCUSED I� '���1 y�/!y �
< < i• [_
Weld County Clerk tot = :o- . 9
O g
� ilt/
(- _ �� M. J. eile, Pro-Tem
BY: �
Deputy Clerk to the y. .r � EXCUSED
IN I Ge . Baxter
APPROVED AS TO FORM:
Dale K. Hall
f,sa ' t �� 1 iA
m y Atto e Az
Glenn Vaad--
2000-0167
EG0039
MEMORANDUM Ei
Nip C TO: Carol Harding DATE: January 20, 2000
Clerk to the Board
COLORADO
FROM: Don R. Somer 9 �,
Utility/Right-of-Way Agent
SUBJECT: Agenda Item
Please submit the following item for the Board's January 20, 2000, agenda.
Approval of the Agreement and Deed of Dedication between Weld County, and Donald L.
Rittenhouse and Suzanne Rittenhouse to purchase property for certain improvements to Weld
County Bridge 6/25B.
After execution of the attached documents, please immediately send a copy of each to my attention. 1 he prc n!pt
copy will expedite the issuance of the check.
The appropriate documentation is attached.
Enclosures
pc: Frank B. Hempen, Jr., Director of Public Works
2(1)1 -4 67
L{ AGREEMENT
CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD
COUNTY ROAD 6; AGREEMENT BETWEEN DONALD L. RITTENHOUSE, SUZANNE
RITTENHOUSE AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 42,=_%y of cLifNQr', 2ctc, by and between
Donald L. and Suzanne Rittenhouse, as tenants in common, w ose address is 205 North Path
Road, Dayton, Washington 99328-8724, 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 915 106 Street, Greeley, Colorado 80631, hereinafter referred to
as "County."
WITNESSETH:
WHEREAS,County finds it necessary to rebuild and improve a bridge on Weld County Road
(WCR) 6, which is known as Bridge 6/25B, Weld County Project No. 275, and
WHEREAS, Owners own the property described in the attached Exhibit "A", hereinafter
refereed to collectively as "Property" . and
WHEREAS, County needs the Property in order to complete said construction and
improvement project, and
WHEREAS, Owners wish to cooperate with County in said project.
NOW, TI-IEREFORE, the parties herein agree as follows:
I. Owners agree to sell and County agrees to purchase the Property shown and/or
described in the attached Exhibit "A," herein referred to as the "Property," for the
sum of Five- Hundred Dollars and 00/100 ($500.00).
2. County agrees to reinstall new barb wire fencing around new right-of-way at no cost
to Owner. County will provide temporary fencing during construction to allow for
the continued use of Owners property for grazing of livestock.
3. Owners agree to grant the Property to County by Deed of Dedication free and clear
of all encumbrances.
4. County agrees to pay the costs of title insurance and recording fees if necessary as
determined by County.
5. 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.
Sheet 1 of 2
6. Although the date of the transfer of the Property 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,
1111111111111111111111111111 ��� 1111111 �I� 11111 ���� ����
2747304 02/01/2000 03:13P JA Suki Tsukamoto
1 of 4 Ii 0.00 0 0.00 Weld County CO
employees, and all others deemed necessary by County shall have the irrevocable
right to possess and use all of the Property for the purpose of said rebuilding and
improvement project.
7. Owners warrant that he/she arc the owners of the Property and will defend title
thereto against all claims.
8. General taxes for the year 1999 for the Property 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 warrant 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.
OW RS:
Dont L. Rittenhouse
Suzan e ittenhouse
ATTEST: BOARD OF COUNTY COMMISSIONERS
E p� . OF WELD COUNTY, STATE OF
`x= COLORADO
CLERK TO THE BOARD
COUNTY COMMISSIONE SIB
BY: le n► t_ �i e� ,J \</,'B
Deputy Clerk to the Boars V `� Barbara J. Kirkmeyer, Chai
(01/24/2000)
m_wplilesVdonsVbr.G 25bagrc
1 111111 11111111111111111 IIIII III 1111111 III 111111111 IIII
2747304 02/01/2000 03:13P JA Suki Tsukamoto
4 of 4 R 0.00 D 0.00 Weld County CO
Sheet 2 of 2
PROPOSED RIGHT—OF—WAY EXHIBIT A E1/2 SW1/4 Section 19—T.1N.—R.66W.
South Quarter Corner
Section 19—T.1N.—R.66W.
POINT OF BEGINNING S02'43'39"W
29.23'
0
.w_ 0 Lc U
o v
2
k2 (3
a2 3 I o
2 n UQ
Scale: 1" = 50' 0 C`] '
S00'14'27"Em
rn o
10.00' co
o a
L_
O
O T
V1 m
10'-�-
O
o o co
O O N00'14'27"W
O o 30.00'
N N
O I
O
c
2000 Sq. Ft I
w 3 0
U
M
in 11)
n
01 b N I
co c rn
Z 1n c
0
w
03
3 0
M
rn H I
N
aa,m
co
co
N00' 1 4'27"W Existing ROW
Fence Line
10.00'
NI
30' 30' k
Northerly ROW Line
WCR #6
Southerly ROW Line
X WCR #6
k
South Line E1/2 SW1/4 -�
Section 19 I I
AIM VIII111111111111IIII' IIIIIIII'1III11111IIII I'II
2747304 02/01/2000 03:13P JA Suki Tsukamoto
3 of 4 R 0.00 D 0.00 Weld County CO FILE: 99365skt.dwg
KING SURVEYORS, INC. PROJECT NO: 99365
9299 EASTMAN PARK DRIVE DATE: DECEMBER 1999
WINDSOR, CO. 80550 PHONE: (970) 686-5011 CLIENT: WELD COUNTY
OM C;
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Donald L. and Suzanne Rittenhouse. of
205 North Patit Road, Dayton Washington 99328-8724, 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 property as parts of a public highway,pursuant to Colorado Revised Statute 43-2-201(l)(a),free
and clear of all liens and encumbrances and warrants title to the same.
Donald L. Ritte ese
l vv,M- j7`
ndL� (Y Lc It (_ /1. C C C: G L c.
Suzan ie Rittenhouse
STATE OF/./ it fl,,ii),) �� ,)
) ss.
COUNTY ( tint; 'L )
The foregoing instrument was acknowledged before me this /2' day of
ti t (4 ! ti , Act- , by DoralcjL • Er ,Ciuze) Reie
Witness my hand and official seal.
0111 !UN, /,
son ,ENC �i Notary Public (/t
, ic°NOTARY' %a /. "
� Y
•
L imi " expires: /G-I C. -A(,r( ` �' "
1.nin1W Q
.��0�����
***This Deed of Dedication was previously recorded on February 1,2000, at Reception Number
2747305 in the Office of the Weld County Clerk and Recorder. It is being re-recorded for
the purpose of attaching the correct legal description.
m\wpfilesvdonsVbr 6 25hdee
111111 11111 111111 IIU L 11411 uki f
1II III 11111IIII IIII 1 111111 11111 1111111 1111 IIII 1111111111110 2767949 05/12/2000 04:10P JA Suki TIII 11111f1111101
2747305 02/01/2000 03:13P o
1 of 2 R 0.00 D 0.00 Weld County CO 1 of 3 R 0.00 D 0.00 Weld County CO
,T"Oc,z9 -!/4 1
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)(x).
Dated this 24th day of January . 20 00 .
ATTEST: COUNTY OF WELD, A BODY
'"
CORPORATE CLERK TO� � � AND POLITIC OF THE STATE OF
COUNTY COMMISSIONS' O' "u � COLORADO
THE COUNTY OF WEL 111861 �' 0 CS
,�,
BY: � �._ , . !,>_®� r ni '� ' B :
Deputy Clerk to the Board ` _- arbara J. Kirkmeyer, C lair, ( /24/2000)
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 24th day of
January , 2000 , by Barbara J. Kirkmeyer, Chair, BOARD OF COt IN FY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
• AY..p
.••1; N y Pub
• JEAN G HD�.
' Vep_:O
My co on pipes:
My Commission Expires March 26,2002
nrAwplilesV dons\accept lb]
1111111111II1111IIIII VIII III INIII f
I III 11
IllllLIII IIII 1 11 1111 1 1111 111 1111 IIII IIII 111111 1111 11 III 11111
2747305 02/01/2000 I 10
1111 IIII
2 of 2 R 0.00 D 0.00 Weld County CO 2 of 3 R 0.00 0 0.00 Weld County CO
°CCX,v - �'rt '
EXHIBIT "A"
PROPERTY DESCRIPTION
A strip of land Ten feet (10') in width and being part of the East Half of the Southwest Quarter (E1/2
SW1/4) of Section Nineteen (19), Township One North (T.IN.), Range Sixty-six West (R.66W.) of
the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado the exterior boundary of
which is more particularly described as follows:
BEGINNING at the South Quarter Corner of said Section 19 and assuming the South line of said
EI/2 SW I/4 as bearing South 89°45'33" West with all other bearings contained herein relative therein:
THENCE South 89°45'33" West along said South line a distance of 105.00 feet;
THENCE North 00°14'27" West a distance of 30.00 feet to the Northerly Right-Of-Way (ROW) line
of Weld County Road #6 (WCR#6). Said point being the TRUE POINT OF BEGINNING:
THENCE South 89°45'33" West along said Northerly ROW line a distance of 200.00 feet;
THENCE North 00°14'27" West a distance of 10.00 feet;
THENCE North 89°45'33" East a distance of 200.00 feet;
THENCE South 00°14'27" East a distance of 10.00 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 2000 Square Feet, 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.
r.p00 Resp
Charles B. Jif es
3 27 19 8 'it ;
Jiff
Colorado Re Bd ProfessiotA V
-111 FJ f••. "se
Land Surveyor .��4�tg t ot
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
Project Number: 99365 (December 15, 1999)
(File: esmt-a.txt)
IIII
274oj344 R02/01/ 00 0 :13P JA 0.002DD0.003W d County CO ukamoto
1111111 HI111111111111111111 111 11111 1111 111
2
3 of 3 R 0.00 D 0.00 Weld County
Hello