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Home My WebLink About960659.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 27.5 WITH LOUISA C. WARFIELD AND AUTHORIZE CHAIR TO SIGN 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 Improvements to Weld County Road 27.5 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Public Works Department, and Louisa C. Warfleld, with terms and conditions being as stated in said agreement, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning Improvements to Weld County Road 27.5 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Public Works Department, and Louisa C. Warfield be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of April, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO LePlaeietFxr.I lsFn Barbara J. Kirkmeyer, air 1.1861 ;© �<_.�- ty Clerk to the Board '�/�' • eorge . Baxter,.Pro- m ® `ma p c-, : tI_i'�. l l_. IL w 1_ Deputy Cler� o the Board ` f Dale K. Hall APP D AS TO FORM: FXCt ISFn Constance L. Harbert ounty Attorney ;! A' A%' ) rt ice/ W. H. Webster 960659 dC , 1-71C1 wad-field EG0035 AR2498i711 AGREEMENT CONCERNING IMPROVEMENTS TO COUNTY ROAD #27 1/2 BETWEEN LOUISA C. WARFIELD AND WELD COUNTY, COLORADO //�� " ° THIS AGREEMENT is made this / / — day of f //\LAY , 1996 by and between Louisa C. Warfield, whose address is 7179 W 49th, Greeley, Colorado 80634 , 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, hereinafter referred to as "County. " WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve County Road 27 1/2 , which is Weld County Project No . 9141, and WHEREAS, Owners own the following described property: (See attached Exhibit A) , and WHEREAS, County needs additional Slope Easement in order to complete the said project, and WHEREAS, Owners wish to cooperate with County in said road improvement . NOW, THEREFORE, the parties herein agree as follows : 1 . Owners agree to sell and County agrees to purchase the Permanent Slope Easement shown and/or described on Exhibit A, attached hereto and hereinafter referred to herein as the "Easement" for the sum of NINE HUNDRED and 00/100 ' s DOLLARS ($900 . 00) . 2 . Owners agree to grant the Easement to County by Permanent Slope Easement, in the form 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 and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 2498370 B-1553 P-798 06/26/96 02:24P PG 1 OF 7 REC 0.00DOC Weld County CO Clerk & Recorder960659 5 . Although the date of the transfer of the Easement shall be the date of the delivery of the Permanent Slope Easement, 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 Easement for the purpose of construction, widening, and improvement of a portion of said County Road 27 1/2 . 6 . Owner warrants that he/she is the owner of the Easement and will defend title thereto against all claims . 7 . County agrees to reconstruct the existing driveway at station number 72+25 . The new driveway will have a width of eighteen (18 ' ) feet, a side slope of 1 : 1, an approach slope of 3% grade for a distance of twenty (20 ' ) feet then will taper at a slope not to exceed six (6%) per cent to match existing ground, ten (10 ' ) foot radius corners, and shall receive at least three (3 " ) inches of new base course with the first twenty (20 ' ) feet of driveway east of WCR 27 1/2 to be paved with at least two (2 " ) inches of asphalt . A new eighteen (18 " ) inch CMP will be placed under the new drive location. 8 . The location of the County' s new culverts under WCR 27 1/2 will be approx. thirty (30 ' ) feet south of the existing culverts exit point . County will construct a new drainage ditch that is to be two (2" ) feet deep and three (3 ' ) feet wide with side slopes of 1 : 1 . The beginning of the ditch shall be at the exit of the new culverts continuing straight to a point along the southern corral fence at a distance of one hundred, twenty-three (123 ' ) feet east of the east right-of-way line of WCR 27 1/2 . 9 . County will reconstruct, at it ' s original location, any existing fence disturbed as a result of the construction contemplated herein and shall relocate the corral ' s east fence to a line fifteen (15 ' ) feet east of it ' s present location. County shall also construct a temporary livestock fence, if neccessary, during the construction contemplated herein. 10 . County will restore to it ' s original condition any ground disturbed by the construction of the new road referenced herein. 11 . The existing access permit for the second access onto WCR 27 1/2 will not be revoked. 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. 2498370 B-1553 P-798 06/26/96 02:24P PG 2 OF 7 960659 '; IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: TAX ID# (if applicable) : �%C i4 C zJ LOUISA C. WARFIELD ATTEST : �� .4Eza IhOlia%Ale F COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO 1 ` (X r K 0 THE BOARD OF VC 0 %t'I COMMISSIONERS 2 Mri ^ ®BUJ . �r . BY: J Deputy her to the Board Ba ara J. Kirkm yer, C it -- ATTEST::: tl. D n ': v 64//7/940 2498370 B-1553 P-798 06/26/96 02:24P PG 3 OF 7 960659 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 a permanent support slope for a public highway pursuant to Colorado Revised Statute 43-2-201 (1) (a) . Dated this ,, 7-day of At1}t - , 1996 . ^L`T; /p//� COUNTY OF WELD, A BODY Vv a �G/tet,// CORPORATE AND POLITIC OF THE t i (flt STATE OF COLORADO ■ ( I,,VQ L: iO THE BOARD Board of County Commissioners Vil of the l County /of We d Um MQ L/ BY Deputy/ lerk to the Board Barbara J. Kirke yer , air STATE OF COLORADO ) ) ss . COUNTY OF WELD ) The foregoing instru nt was acknowledged before me this day of —� 1996 , by a rhtu-a o/ KrkmeA er , Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal . 2 Notary Purili ''`' My commission expires : MY C_ "s:GN E(P:[ES WELDCNTY\CNTYAGTp.WARF ii.u hY 10, 1999 2498370 B-1553 P-798 06/26/96 02:24P PG 4 OF 7 960659 EXHIBIT "A" PG.1 PROPERTY DESCRIPTION A parcel of land being part of the Southeast Quarter (SE1/4) of Section Twenty-nine (29), Township Five North (T.5N.), Range Sixty-six West (R:66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more,particularly described as follows: BEGINNING at the Quarter Corner common to Sections 29/32-T.5N.-R.66W. and assuming the West line of said SE1/4 to bear North 00°05'23" East with all other bearings contained herein relative thereto: #1: THENCE North 00°05'23" East along said West line a distance of 591.23 feet; #2: THENCE South 89°54'37" East a distance of 30.00 feet to a point on the Easterly Right- Of-Way (ROW) line of the existing Weld County Road (WCR) #27.5. Said point being the TRUE POINT OF BEGINNING: #3: THENCE North 00°05'23" East along said Easterly ROW line a distance of 936.18 feet; #4: THENCE South 01°06'00" East a distance of 699.60 feet; #5: THENCE South 00°00'00" East a distance of 125.13 feet; #6: THENCE South 07°36'16" West a distance of 112.56 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 7731 Square Feet (±), 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. �',0� RE,G'/S j &44 ;10(11/:1 Ste Charles B. Jones f 192: /B /99.r Colorado Registered Professional 'I mot , • `'J/ / Land Surveyor #22098 t%"°414L 1.ANO KING SURVEYORS INC. 12000 West Ash Street, Suite C Windsor, Colorado 80550 (970) 686-5011 Project Number: 94113 2498370 8-1553 P-798 06/26/96 02:24P PG 5 OF 7 960659 EXHIBIT "A" PG.2 2498370 B-1553 P-798 06/26/96 02:24P PG 6 OF 7 • e 0NMNI038 JO INIO4 M99'9=Nffl-Li/93 •u•O»y !MOO n4onO Sx 1:21 _ 0 € $ Hsi N a I t5- kcl ~ SP to (O I !It V 1 Q o � 0 o I cc 3 I in I w it;. D t N I 01 I ' l . .^ 1 iec O O m ao oc C 3 .[C}SA9 5 I L .;., ,, 5 0NMNI039 JO INIOJ inn 1 • 4 j�1.:i r U 3 Ig II ' �� SS, W I g J� 3 N 8g L tou- R w '5 11 o I S e55 d $ CE au (Vw-\f Nw C1 iji R I 2 u.,l O QN ni y$@@ y j ii i',3 I I " Mill i 8 t �' 6 4 cy 1 M _aE U i> n m ..t...„\ \/ V t` .o w . 5 5 I L m N I "y./ s a B gI I o 'o 7 tri SF° el ; m w o IT 0 ;3g g a s" a ° w t o�. 1pp 15 E °E P ":l o g; ° 3 H gg i= 11 88 0 o c°€ C° 1� ""E «S s I rK8 � $ . � o£ all 4I i ' '°3 ;:-..- 81° F ca [^ s8 ° n = 1 o — Y II ba€ �u_ �85 GPs � � 'd;I I Nvi.. 8₹ IUIIICI! o°S W 9i g vitro � � i oaN E c o _ Z 8. 18h: �'.7 88! o �, ll 1W3 , IIIR g gs� ;E$ N J o ° >..oM asw 8 ski_ st§ g < Ill i 2S1 Ail g I aAbs k�s I Ia £ o;.t rk" E[« All �lJ •t„- M-L4 a CO' 0;L !i _ tot. 1199'N-1M-St-9t *0•S 035 "fl 1••M 96C653 0 ' EXHIBIT B PERMANENT SLOPE EASEMENT KNOW ALL MEN BY THESE PRESENTS that Louisa C. Warfield, being all of the owners of the following described property in Weld County, Colorado, to-wit: (See attached Exhibit A) do hereby dedicate forever said property as a permanent support slope for a public highway, pursuant to Colorado Revised Statute 43-2-201(1) , free and clear of all liens and encumbrances and warrants to title to the same. Said Permanent Slope Easement is for the purpose of providing and maintaining proper site distance, lateral support, and proper drainage grade as determined by Weld County Public Works Department, for a public roadway, road shoulder, and attendant road improvements. �Ita.c,4- ( 116,1 LOUISA C. WARFI LD STATE OF COLORADO ) 40.�?0•?0 ° )ss- a:' • C :�d"= COUNTY OF WELD .13 11 Q r :. •..`ego. , The foregoing instrument was acknowledged before me this. yqf , 1996, by Louisa C. Warfield. 4 ., SONlaa, , Witness my hand and official seal . ,C)41O 3`°‘ Notary ublic My commission expires: (\DScrt-7 2498370 B-1553 P-798 06/26/96 02:24P PG 7 OF 7 960659 Hello