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HomeMy WebLinkAbout20000121 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 - CAMAS COLORADO, INC. 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 Camas Colorado, Inc., 3605 South Teller Street, Lakewood, Colorado 80235, with terms and conditions being as stated in said agreement, for property 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, Camas Colorado, Inc., 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 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 Camas Colorado, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 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 acceptance. pc: t≤' CA, CfFm4 , 2000-0121 EG0039 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 6, AND ACCEPTANCE OF DEED OF DEDICATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of January, A.D., 2000. BOARD OF COUNTY COMMISSIONERS I�� W D COUNTY, COLORADO ATTEST: 4.4 I �' � ��`i�i / h� %arbara J. kmeyer, Chair Weld County Clerk to the e'.ar' • '°� _ J �-�► . J. ile, Pro-Tem BY: pt y Clerk �l�C ' 1f it 7. I Deputy Clerk to the Bo•� •�j it c 11 eorge . Baxter aer APPROVED AS TO FORM: L L.���" `L % Dale K. Hall Linty Attorney 4,9/2a19d61.4_44 Glenn Vaad 2000-0121 EG0039 • 4 MEMORANDUM / TO: Carol Harding DATE: January 10, 2000 COLORADO Clerk to the Board FROM: Don R. Somer Utility/Right-of-Way Agent SUBJECT: Agenda Item Please submit the following item for the Board's next agenda. Approval of the Agreement,Deed of Dedication,and Acceptance between Weld County and CAA IAS Colorado, Inc. to purchase property for certain improvements to Weld County Road 6. After execution of the attached documents. please immediately send a copy of each to my attention lie pri,'up! copy will expedite the issuance of the check. The appropriate documentation is attached. Enclosures pc: Frank B. Hempen, Jr., Director of Public Works ) 12 { AGREEMENT C( CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO W EL]) COUNTY ROAD 6; AGREEMENT BETWEEN CAMAS COLORADO INC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of _1,2, k , u r by and between Camas Colorado Inc, whose address is 3605 South Teller Street, Lakewood, Colorado 80235, hereinafter referred to as"Owner,"and the County of Weld,a body corporate and politic of the Stale of Colorado, by and through its Board of County Commissioners, whose address is 915 I O1' 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, Owner owns 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, THEREFORE, the parties herein agree as follows: 1. Owner 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. 3. Owner 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 11111111111111 11111111111 IIII 111111 III KIEV V 2746191 01/25/2000 03:39P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO :loco oial 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 Owner, County, its contractors, agents. 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. Owner warrant that they are 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. Owner 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. OWNER: CAMAS COLORADO INC i fad ,, 4ike Refer, Vice 'resi� of Administration Tax ID#: 84 -- o!t c,4 75'.9_ ATTEST: Lie �IC11�I1�� BOARD OF COUNTY COMMISSIONERS ►����%i %�� OF WELD COUNTY, STATE OF � COLORADO CLERK TO THE BO�I'4 1�. col 1/4?� COUNTY COMMIS S t.---e • BY: �� .I.i c(,.� � BY. D ty Cle to the B Barbara J. Kirkmeye , Chair (01/17/2000) m v.plilcsdonsVhr.623h grcCam Sheet 2 oft 11111111111111111111111111111 IIII 111111 HMI Ili 1111 2746191 01/25/2000 03:39P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO PROPOSED RIGHT-OF-WAY EXHIBIT A _1/2 NW1/4 Section 30-T.1N.-R.66W. North Quarter Corner 502'43'39"W Section 30-T.1N.-R.66W. 29.23' POINT OF BEGINNING North Quarter Corner By Others(Not Accepted) o 0 ,c: o o 0 1 z a.,? , DCC L7 Scale: 1" = 50' ai l co 50014'27"E / 15.00' x �l 15'—" 500'14'27"E b O 30.00' 0 O N O N I p CC 3000 Sq. Ft o w 3 re) I M M ce 1 3 Lf) O)co 00 0" v Z N m 0 3 in M >K au-,M� I O N I N00'14'27"W 15.00' k I 30' 3O' Northerly ROW Line --Pr I WCR #6 4 Southerly ROW Line WCR b6 :K North Line E1/2 NW1/4 --- Section 30 II Existing ROW Fence Line I %K 1111111111111111111111111111 IIII 111111 III HIV Ilil I I II 2746191 01/25/2000 03:39P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO FILE: 99365skf.dwg KING SURVEYORS, INC. PROJECT NO: 99365 9299 EASTMAN PARK DRIVE DATE: DECEMBER 1999 WINDSOR, CO. 80550 PHONE: (970) 686-5011 CLIENT: WELD COUNTY DEED OF DEDICATION / iL , KNOW ALL MEN BY THESE PRESENTS that Camas Colorado Inc,of 3605 South'I eller Street, Lakewood, Colorado 80235,being all of the owner of the parcel 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(1)(a), free and clear of all liens and encumbrances and warrants title to the same. p MAS COLOR 1,INC Mike Refer Vise esident fAdministration *** This Deed of Dedication was previously recorded on January 12, 2000, at Reception Number 2743982 in the Office of the Weld County Clerk and Recorder. It is being re-recorded for the purpose of attaching the correct legal description. STATE OF COLORADO ) ) ss. COUNTY WELD The foregoing instrument was acknowledged before me this S€ day of Tiz�u e c7 , "-COO, by Mike Refer. Witness my hand and official seal. Notary Public O- ...... CSC2 , •'' commission expires: ‘ c,coo ...ryrp.p.N. m.\whiles\dons\hr 67 Shdrornm 276795011111111111 11111111111 IIII 111111111111 III 11111 11111111 05/12/2000 04:10P JA Suki Tsukamoto 1 of 3 R 0.00 D 0.00 Weld County CO 1II1111Il lIIIIIHHtIti l 111111111111 1740112 R 0.00 D 0.00 Wd County C 90 01/25/2000 3 IO ukamoto 02000 - 0/o2/ 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 17th day of January , 20 00 . ATTEST: ��� ,. COUNTY OF WELD, A BODY CORPO " 4 '.r�.a t%oG• ' t� AND POLITIC OF THE STATE OF COUNTY COMMIS COLORADO THE COUNTY OF �` 1 BY: D�� ty Cler to the Bo/ Barbara J. Kirkmeye , Chair, 01/17/2000) BOARD COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this J 7th day of January. , 20 00 , by Barbara .1. Kirkmeycr, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witn•,.:.,q ; trakiti' . • ; CAROL A. ;O HARDING• ; Notary Public 4 .. ... OP C007, My comm '• • :res: My Commission Expires June 8,2002 111111111177711111111Iltl111111111111III11111Iiii IIII 2767950 05/12/2000 04:10P JA Suki Tsukamoto 2 of 3 R 0.00 0 0.00 Weld County CO 1771777 III II�NNIII-11��1III liii liii 2746190 01/25/2000 03:39P JA Suki Tsukamoto 2 of 2 R 0.00 D 0.00 Weld County CO EXHIBIT "A" PROPERTY DESCRIPTION A strip of land Fifteen feet (15') in width and being part of the East Half of the Northwest Quarter (El/2 NW 1/4) of Section Thirty (30), 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 North Quarter Corner of said Section 30 and assuming the North line of said E1/2 NW I/4 as bearing South 89°45'33" West with all other bearings contained herein relative thereto: THENCE South 89°45'33" West along said North line a distance of 105.00 feet; THENCE South 00°14'27" East a distance of 30.00 feet to the Southerly Right-Of-Way (ROW) line of Weld County Road #6 (WCR#6)- Said point being the T RUE POINT OF BEGINNING: THENCE continuing South 00°14'27" East a distance of 15.00 feet; THENCE South 89°45'33" West a distance of 200.00 feet; THENCE North 00°14'27" West a distance of 15.00 feet to the Southerly ROW of said WCR #6; THENCE North 89°45'33" East along said Southerly ROW line a distance of 200.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 3000 Square Feet, 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. � •�" . l ) Charles B. Joy•s r• t� 12098 gri4 �� .! /. 19f7 Colorado Reg'15bs1 ProlessionaL•�o� SP Land Surveyor =\ i'( LAND ' KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 99365 (December 15, 1999) (File: esint-b.txt) 11111111111 1111111 IIII IIII 111111111111 III IIIII III) IIII 2767950 05/12/2000 04:10P JA Suki Tsukamoto 3 of 3 R 0.00 D 0.00 Weld County CO IIIIiII�IIFNIHIIH11� 41INI tfHN IIll ;of R 0 00120 0.00 3W Weld County CO Tsukamoto Hello