HomeMy WebLinkAbout971090.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN
IMPROVEMENTS AT INTERSECTION OF WELD COUNTY ROADS 32 AND 43 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 purchase of
property for certain improvements at the intersection of Weld County Roads 32 and 43 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Public Works Department, and William K. and Marjorie A. Frank,
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 purchase of property for certain
improvements at the intersection of Weld County Roads 32 and 43 between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Public Works Department, and William K. and Marjorie A. Frank 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 9th day of June, A.D., 1997.
ATTEST
Weld C
BY.
Deputy Cle' : "-e Board
APPROVED AS TO FORM:
•
ou my onI-47-7y- —
Dale K. Hall
GC ; Pit); Fink
BOARD OF COUNTY COMMISSIONERS
WELD UNTY,COL DO
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Geor.e E. Baxter, Chair
arbara J. Kirkmeyer
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W. Hlbebster {
971090
EG0036
AGREEMENT
CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS AT THE
INTERSECTION OF WELD COUNTY ROAD (WCR) 32 AND WCR 43 BETWEEN WILLIAM K. FRANK
AND MARJORIE A. FRANK AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this i day of o. , 1997 by and between William K. Frank
and Marjorie A. Frank, owners in Joint Tenancy, who a address is 14015 WCR 43, Hudson, Colorado 80642,
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 the intersection of WCR 32 and WCR 43,
which is Weld County Project No. 89-1405, and
WHEREAS, Owners own the property described in the attached Exhibit "A", and
WHEREAS, County needs the additional right-of-way in order to complete said rebuilding and improvement
project, and
WHEREAS, Owners wish to cooperate with County in said road improvement and to donate to County free
of charge, except title insurance which may be ordered by County and any necessary recording fees, the additional
right-of-way described in the attached Exhibit "A".
NOW, THEREFORE, the parties herein agree as follows:
1. Owners agree to transfer ownership to County and County agrees to accept from owner the right-of-
way shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the
"Property" for the sum of $0.00 (Zero Dollars). The estimated value of the Property is $134 (One
Hundred and Thirty -Four Dollars and No/100 Cents).
2. Owners agree to grant the Property to County by Quit Claim Deed, 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 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.
2554312 B-1612 P-494 06/23/1997 01:08P PG 1 OF 2 RFC DOC P
Weld County CO JA Suki Tsukamoto Clerk (Sr Recorder 0.00
AGREEMENT BETWEEN WILLIAM K. FRANK AND MARJORIE A. FRANK
AND WELD COUNTY, COLORADO
Page 2
5. 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, 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
constructing, widening, and improvement of a portion of said intersection at WCR 32 and WCR 43.
6. Owner warrants that he/she is the owner of the Property and will defend title thereto against all
claims.
7. General taxes for the year 1997 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 warrants
that all general taxes levied prior to such year have been paid in full by Owner.
8. Other:
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:
a
l.J .f a.,.,, —,
William K. Frank, Owner in Joint Tenancy
Marjori A. Frank, Owner in Joint Tenancy
ATTES BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, STATE OF COLORADO
CLE
COUN
BY: ' ,: �r���_i BY /A
Deputy Cl Board George E. Baxter, Chair O(%9/97
m: wpfiles\dons\frank32.agr
2554312 B-1612 P-494 06/23/1997 01:08P PG 2 OF 2
QUIT CLAIM DEED �,c
�
THIS DEED is made this .3 rd day of 1997, between William K. and
Marjorie A. Frank, owners in joint tenancy, whose address is 14015 Weld County Road 43, Hudson,
Colorado 80642, of the first part, and the COUNTY OF WELD, STATE OF COLORADO, BY
AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD
AND STATE OF COLORADO, whose address is P.O. Box 758, 915 Tenth Street, Greeley,
Colorado 80632, of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of good and
valuable consideration, to the said party of the first part, the receipt whereof is hereby confessed and
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents
does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said party
of the first part has in and to the following described lots or parcels of land situate, lying and being
in the County of Weld and State of Colorado, to wit:
Those parcels listed on the attached Exhibit "A"
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only
proper use, benefit and behoof of the said party of the second part, heirs and assigns forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal
the day and year first above written.
ATTEST: OWNERS:
WILLIAM K. FRANK, Owner in Joint
Tenancy
i72
MARJGRIE A. FRANK, Owner in Joint
Tenancy
STATE OF COLORADO)
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ' J day of 5„0,4.4
2554313 B-1612 P-495 06/23/1997 01:09P PG 1 OF 3 REC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
DOC
1997, by William K. and Marjorie A. Frank, owners in joint tenancy.
Witness my hand and official seal the 3 day of -IA tyG ,A.D.,1997.
My commission expires:
Notary Public
Feb iz,-zoo(
2554313 B-1612 P-495 06/23/1997 01:09P PG 2 OF 3
COLORADO
MEMORANDUM
T?j
n
TO: Clerk to the Board DATE: June 4, 1997
FROM: Don Somer, Utility Agent' —
SUBJECT: Agenda Item
Please place the following item on the Board's agenda for Monday June 9, 1997:
Approval for Purchase of Property Agreement between William K. Frank and Marjorie A.
Frank and Weld County for certain improvements at the intersection of WCR 32 and
WCR 43.
The appropriate documentation is attached.
board.mem
971090
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