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Home My WebLink About20000421 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 - LLOYD E. THOMAS, FAMILY TRUST AND MARJORIE J. THOMAS, FAMILY TRUST 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 the Lloyd E. Thomas, Family Trust and Marjorie J. Thomas, Family Trust, 7900 Weld County Road 120, 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, the Lloyd E. Thomas, Family Trust and Marjorie J. Thomas, Family Trust 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 the Lloyd E. Thomas, Family Trust and Marjorie J. Thomas, Family Trust, 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. CA 4/ J-, 64 2000-0421 EG0039 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WCR 126, AND ACCEPTANCE OF DEED OF DEDICATION - LLOYD E. THOMAS, FAMILY TRUST AND MARJORIE J. THOMAS, FAMILY TRUST 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 WELD COUNTY, COLORADO EXCUSED Le out,sue / se) . rbara J irkmey r, Chair Weld County Clerk to the B : e i Cj Cam' O (---,--, �', eile, ro-Tem BY: 624f4( Co• s . ► �7' Deputy Clerk to the Boar. , i�n� � , '/T_ <-.� 7 "l"7 - G . Baxter APPROVED AS TO FORM: / r_ ( Dale K. Hall 7 c_ 7 (-County At for / 1 Z cwt a Glenn Vaad 2000-0421 EG0039 AGREEMENT :c3 11 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS 'fO WELD COUNTY ROAD 126; AGREEMENT BETWEEN LLOYD E. THOMAS, FAMILY TRUST AND MARJORIE J. THOMAS, FAMILY TRUST AND WELD COUNTY, COLORADO THIS AGREEMENT is made this ? (- day of ��_ , � , 2000, by and between Lloyd E. Thomas, Trustee and Marjorie J. Thomas, Trustees, whose address is 7900 Weld County Road (WCR)120, Can, Colorado 80612, 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 a bridge on WCR 126, which is known as Bridge 126/19A, Weld County Project No. 322, and WHEREAS,Owners own the right-of-way described in the attached Exhibit"A",hereinafter 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, Owners wish to cooperate with County in said rebuilding and improvement project. NOW, THEREFORE, the parties herein agree as follows: 1 . Owners agree 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 equal to that 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 Old Right-of-Way. Old Right-of-Way consist of approximately 2.667 acres. Sheet 1 of 3 111111111111111111 III 1111111 Ell 111111 III /1111111 IIII 2751314 02/24/2000 02:07P JA Suki Tsukamoto 2000-0421 1 of 4 R 0.00 D 0.00 Weld County CO E6Ct- 39 b) For an additional 1.963 acres of Right-of-Way the sum of two thousand dollars and no/100 ($2000.00). c) Parties recognize that the vacation of Old Right-of-Way must be done in accordance with provisions of C.S.R. § 43-2-301. However, if after hearing. Old Right-of-Way is not vacated, parties agree that alternative compensation will be negotiated. d) County agrees to provide at no cost to owners, a barb wire fence on both sides of the Right-of-Way. e) If after hearing the vacation of Right-of-Way should occur, County agrees to restore the same. Restoration consists of grading and reseeding. County does not represent or warranty that the reseeding will result in any particular stand of grass, or guarantee the strength or viability thereof. t) County agrees to allow access to Lone Tree Creek from the property owned by Owner on the north of Right-of-Way. County will fence access to creek and Owner agrees to maintain fence. g) County agrees to install new access to property owned by Owner to the north of Right-of-Way. Existing access on south side will he installed directly across from new access on the north at Sta. 22+00. 2. Owners agree to grant the Right-of-Way to County by Deed of Dedication 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 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 whcrco f 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. Sheet 2 of 3 111111111111111111 III 11111111 IIII 111111 III 11111 IIII IIII 2751314 02/24/2000 02:07P JA Suki Tsukamoto 2 of 4 R 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 Right-of-Way for the purpose of said rebuilding and improvement project. 6. Owners warrants that he/she are the owners of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 1999 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. 8. The Parties agree that the Right-of-Way is being acquired by County in lieu of condemnation. 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: TRUSTEES Lloyd E, homas, Trustee -fYjrar Marjorie J. ThOmas, Trustee ATTEST: BOARD OF COUNTY COMMISSIONERS Awe yr% OF WELD COUNTY, STATE OF W Za COLORADO CLERK TO THE BOARD 4 COUNTY COMMISSION Ea C,� 41/4 � 9 IIIt�` ' BY: -:, i • Y: Deputy Clerk to the Boa y U \ Barbara J. Kirkme er, Chai d 041 a/0 ii wpliles dons\wcr 126Iho Sheet 3 of 3 111111111111111111III111111II Ellin III 11111IIII1111 2751314 02/24/2000 02:07P JA Suki Tsukamoto 3 of 4 R 0.00 D 0.00 Weld County CO 7f K DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Lloyd E. Thomas, Family Trust and Marjorie J. Thomas,Family Trust,of 7900 Weld County Road 120,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 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. loy Thomas, Trustee *** This Deed of Dedication was previously recorded on February 24, 2000, at Reception Number 2751313 in the Office of the Weld COunty Clerk and Recorder. It is being re-recorded for the purpose of attaching the ccmm��,,��ect leg dycription. - Q1, pa.: _21,1Ap,v 7 1 _:-- Marjo'ie J. ' omas, Trustee STATE OF o ) ) ss. COUNTY 0FCA\O1ve-c"f)os-. N.. The foregoing instrument was acknowledged before me this �) , day of L___,,) n_-yv _ , 2000, by Lloyd E. Thomas, Trustee and Marjorie J. Thomas, Trustee. `Witness my hand and official seal. �� c ;�tiEX ��<� V,, Q-- Notary Publi6 My commission expires: / n , 1 - C 3<- �. :� � VIRGINIA RANDT o' N MAR IC0PAC UNI NA u„ MARIC0fA COL IN My Come.Expires Oa 31,31,2r2 1111111111111111111 IIII 1111111111 IIIIII III 111111111 III 27679461of R 0.00/2000 0 0.00 4We Weld County Suki COTsukamoto 111111111111I#El11-lIl 1111)l 111111111 11111It111111 2751313 02/24/2000 02:07P JA Suki Tsukamoto 1 of 2 R 0.00 D 0.00 Weld County CO v1000- OVA/ 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 /TS day of Ebrual , 20(y) . ATTEST: �j-'�� COUNTY OF WELD, A BODY CORPORATE CL RPM i ' !% • AND POLITIC OF THE STATE OF COUNTY COMMISSION$' OF COLORADO THE COUNTY OF WELD, r-.! ?di-� BY: I � • 4 BY' Deputy Clerk to the Boar' - - N / arbara J. Kirkmeyer, Chair, (0, BOARD COUNTY COMMISSIONERS OF THE COUNTY OF WELD D STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this it.ri day of , 2003, by Barbara J. Kirkmeyer, Chair, BOARD OF COUNTY COMMISSI ERS OF THE COUNTY OF WELD. Witness my hand and official seal. -11—Allia ) 4 Nota Public ' • JEAN D. n My corn / %.4 OF COL�p My Goi iuissionExpxesMarch26,2002 m:AvpfilesVdons\accept.for IIIIII �1U� 1111111 IHNI III�111111 MI III III 11111111111111111111111 ii i 111111111111 III 111111111 IIII 2751313 02/24/2000 02:07P JA Suki Tsukamoto 2767946 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 0 0.00 Weld County CO 02O00—VY° EXHIBIT 1 II 01eSCI1Dt sTi ii A Description— Lloyd E. & Marjorie J.Thomas, Trustees A portion of the West 1/2 of Section 26, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado being more particularly described as follows: ' .°1., 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 as beoring S 01'19'13" o W and with all bearincs contained herein relative thereto. 0 o N o COMMENCE at toe Northwest corner of Section 2'6, Townsh p 11 North, Range 67 West of the 6th Prirc Dal Meridian, Weld County Colorado; thence run S 01"9'13" W along the E ll West line of the West 1/2 of said Section 26 for a distance of 506.93 feet to PCINT OF BEGINNING; thence continue S 01'19'13" W along said West line for a distance of s° 1 o — 160.94 feet; thence leaving said West line run N 70'04'36" E for a distance of 125.04 feet:; thence rur N 63'25'20" E for a distance of 302.03 feet; thence run N 70'04'36" E ene ..9, for a distance of 971.53 feet to the beginning of a tangent curve concave to the Southeast and having a radius of ',960.00 feet; thence run Northeasterly along the arc of ca said curve for a distance of 675.79 feet, through a central angle of 19'45'18" to the end of soil curve; thence run N 89'49'54•' E for a distance of 695.85 feet to the East o� line of the aforesaid West 1/2 of Section 26; thence run N 00'22'11" E along said East line for a dis_once of 40.00 feet to the North 1/4 Corner of said Section 26, thence co c °' run S 99'59'24" W alc•ng the North line of said West 1%2 of Section 26 for a distance of 1083.04 feet to a point on a non—tc agent curve, concave to the Southeast and -a� having a radius of 2,040.00 feet and a chord bearing of S 7429'2J" W; thence leaving said North line run Southwesterly atone the arc of sod non--tangent curve for a �a distance of 314.20 feet, through a central angle of 08'49'29" to the end of said curve; thence run S 70'04'33" W for e distance of 971-53 feet; thence run S 76'43'52" W c3 for a distance of 302.03 feet; thence run S 70'04'36" W for a distance of 66.73 feet to the Point of Beginning. w Containing 200,515.7 square feet or 4.603 acres more or less and being subject to any easements or rights of way of record- North 1/4 correr of • 00 I I Section 26—TI 1 N—R67W-6PM 0 0 o n aluminum iron disc rmarked as tot O shown: _�` • v o040 p0 Frederic, .4.=, POINT OF COMMENCEMENT Sly 7/4 of Sec/jot; 29 s4 (11N R67W • cv o NE corner of Section 27, °49 29 g9' 5.2-Z \ ore , NW corner of Section 26, r 4.2 p,8 313' I S26 v / Ti 1N, R67W, 6PM and \2 Del t'0f99'`Z0'°' 1999 Northeast corner of Block O, CARR c.2._ / a^j"14 \LS 32444 \ — o found 3/4" iron rod and 2" aluminum Or W n disc marked as shown: Cn _ - -`m e — — — — — — — — —,y..r— �'— woofed 4/CR /26 i ht of wo — — — - ----- —�� '- --- — _uccoted WC/C. 126 might oy — — _ /� — .— S 8 °5 24 W 10$3.04 _ _. _ T11N R6 W 01 ye — —�� N 89e49'54" E 695.85' ��ft:' o / 1 5271526 R_ 960.00',, O meim I` r 1997 of 75.'79 °45 18 \ o ?N M \PLS_s `her 53 �a� L�Del t 057 1511' 672.45' N line W-1/2 Sect 26 z o °im / 5 ' 4t tn 911' >t °f Chord N79° L.,v, o'o / GR/ 0[;3F 126 ri9t —~= / 6a�/ 57 Ile ,v,,, wCR 91153 ac 70,043„ ��0 /�6 43 5N W0 04 g0„ E Wes/ 1/2 of Section 25 .-�" 5 66' 302. 3, ly a .-�3 , 41 =o0 0.19 94 ' E` Notes: 5 moo / F ng0• (,3'`j.0 — This is not a monumented had survey. _0 0 oj% r3' — No title information provided at the time of this • mcm oo Pe��NN1NG 5 04 34 0 30(o survey. It is possible there are recorded and • —e-0 12' 'a unrecorded documents which may affect the r----e- 0'36 boundary of this property. CC No wetlands determinations were made this date. • am /� 7Q -- No improvements, other than those shown, were n p located this date. r_l o # Date R e v_ s Io c—s --__ Field Surve} F'reparec for; Project#:990'IIS.0010 N� NOTIC1E: According to Colorado law you must commence °arty Chief Weld County any legal action based upon ony defect in this survey n/a within three years offer you f.rst discover such defect. Computed b.. -- -- — - In n, event, may any action used upon• any defect in - _--_--_..—_.. _.______�_ MEG _ Frederick Land Surveying this survey be commenced more than ten years from Drawn by 1528 North Linrcdo Avenue — Suite 2 the date of the certification shown hereon. 1 ----- — I f,4ec B5 Loveland, Colorado E.0538 H - S2e 1 S e ' (970) 669-21.00 -• FAX (970) 669-3725 — —t------------------------ 1 Hello