HomeMy WebLinkAbout960021.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 33
WITH LAVERNE FIOLKOSKI AND AUTHORIZE CHAIR TO SIGN - BRIDGE #33/86A
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 33 between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and Laveme Fiolkoski, 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 Conceming Improvements to Weld County Road 33 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Laverne Fiolkoski 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 3rd day of January, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
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. Weld 'ounty�.Clerk to the Board
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Deputy ClerOlo the Board V�
Dale K. Hall
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Constance L. Hartert
W H. Webster
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960021
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AR2471251
AGREEMENT
CONCERNING IMPROVEMENTS TO COUNTY ROAD #33 BETWEEN LAVERNE
FIOLKOSKI AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this day of 1996, by
and between Laverne Fiolkoski, whos add ss is
, Ault, Colorado , 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. "
WITNBSSETH:
WHEREAS, County finds it necessary to rebuild and improve
County Road 33 , which is Weld County Project No. 8124, and
WHEREAS, Owners own the following described property:
(See attached Exhibit A) , and
WHEREAS, County needs additional right-of-way 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
right-of-way shown and/or described on Exhibit A,
attached hereto and hereinafter referred to herein as the
"Right-of-Way" for the sum of THREE THOUSAND FIVE HUNDRED
and 00/100' s DOLLARS ($3, 500.00) . This sum is inclusive
of all damages to crops and cultivating operations
resulting from the road construction contemplated herein.
2 . Owners agree to grant the Right-of-Way to County by Deed
of Dedication, 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 . County agrees to replace, at County' s expense, the
existing fence and field access currently located on
Owner' s property adjacent to County Road 33 to the new
Right-of-Way line resulting from the road improvement
project referenced herein.
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 form the terms herein contained
REC DOC
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Weld County CO Clerk & Recorder 960021
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.
6 . Although the date of the transfer of the Right-of-Way
shall be the date of the delivery of the deed, 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 construction, widening, and improvement of a portion
of said County Road 33 .
7 . Owner warrants that he/she is the owner of the Right-of-
Way and will defend title thereto against all claims .
8 . General taxes for the year 1995 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 . Owner represent and warrants 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:
TAX ID# (if applicable) :
E FIOLKOSKI
VI
ATTEST:
Is
BOARD Y t zSS ONERS 0 WE COUNTY, STATE OF COLORADO
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COUIt TY: OMMIS419NElt5 /
BY: O ( BY' 01/03/96
DeputyC Jerk to the Board arbara J. Kirkm yer, gUair
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960021
SCOTT, COX & ASSOCIATES, INC.
1530 55th Street
Boulder, Colorado 80303 EXHIBIT A
(303) 444-3051
9-22-95
Project No. 95498
Right of Way
To Be Acquired From
Laverne Fiolkoski
For
Weld County Bridge Replacement
WEL 033.0-86.0A
Legal Description for Right-of-Way Acquisition
A parcel of land located in the Southwest One-quarter of Section 35, Township 8 North, Range
66 West of the 6th Principal Meridian, Weld County, Colorado, and being a portion of that parcel
conveyed to Edwin F. Fiolkoski and Laverne Fiolkoski by Warranty Deed as recorded in Book
723 at Reception No. 1645451 of the records of Weld County, Colorado, and being more
particularly described as follows:
Commencing at the Southwest Corner of said Section 35 and assuming the West line of said
Southwest (SW) 1/4 as bearing N 00°00'00" W with all bearings contained herein relative
thereto; Thence N 00°00'00" W, with the West line of the SW 1/4 of said Section 35, a distance
of 30.00 feet; Thence N 89°17'34" E, departing the West line of the SW 1/4 of said Section 35, a
distance of 30.00 feet, to a point in the existing East right-of-way line of County Road 33 and the
North right-of-way line of County Road 86, and the Point of Beginning;
Thence N 00°00'00" W, with the existing East right-of-way line of said County Road 33, a
distance of 1071.55 feet;
Thence S 02°44'21" E, departing said existing East right-of-way line, a distance of 1072.15 feet
to a point in the North right-of-way line of County Road 86;
Thence S 89°17'34" W, with the North right-of way line of said County Road 86, a distance of
51.24 feet to the Point of Beginning; The above described parcel of land contains 0.630 acres, or
27,453 square feet of land, more or less. e,.g.(5aro,'
1
ai4
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960021
EXHIBIT B
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that LAVERNE FIOLKOSKI, of
, Ault, Colorado , 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 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 .
LAVERNE FIOLKOSKI
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 1995, by Laverne Fiolkoski .
Witness my hand and official seal .
Notary Public
My commission expires :
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960021
vv-w vi
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 public highway
pursuant to Colorado Revised Statute 43-2-201 (1) (a) .
Dated this day of , 1995 .
ATTEST: COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
CLERK TO THE BOARD
BY: BY:
Deputy Clerk to the Board ,Chairman, Board
of County Commissioners of
the County of Weld
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this
day of 1995 , by
Chairman, Board of County
Commissioners of the County of Weld.
Witness my hand and official seal .
Notary Public
My commission expires :
WELDCNTY\CNTYAGT.FIOL
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960021
Y
ateAtit
WESTERN STATES
Land Services, I n c. Acquisition and Permitting Specialists
4021 Lissa Drive
Loveland, Colorado 80537
December 19, 1995 (970) 667-7602 • Metro (303) 938-1414
Fax (970) 667-7603
Drew Scheltinga, County Engineer
Weld County
Public Works Department
933 N. 11th Avenue
P. O. Box 758
Greeley, Colorado 80632-0758
RE: Weld County Bridge 33/86A (Project #8124)
Drew:
Hope things are going well.
Enclosed you will find two Agreements for Right-of-Way between
Laverne Fiolkoski and Weld County. Please note that both
agreements have been signed and witnessed on behalf of Laverne
Fiolkoski and require the appropriate acknowledgements on behalf of
Weld County.
Please obtain the proper acknowledgements on behalf of Weld County
on both copies, keeping one copy for county records. Please
forward the other original on to my office so that I may forward
same on to Mrs. Fiolkoski for her records. Once signed by both
parties, I will also forward a copy of the agreement on to Weld
County Title in order to proceed with closing activities.
Drew, please feel free to call should you have any further
questions.
Sincerely,
WESTERN STATES LAND SERVICES, INC.
Mike D. Noonan
Consulting Acquisitions Agent
MDN/sj
Enclosure
weldcnty\c40#3\schelt. ltr
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