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RESOLUTION
RE: APPROVE PURCHASE AGREEMENT ON WELD COUNTY ROAD 27.5 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 a Purchase Agreement for right-of-way
on 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 Department of Public Works,
and Donna J. Shable, 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 Purchase Agreement for right-of-way on 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 Department of Public Works, and Donna J.
Shable 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 15th day of October, A.D., 1997.
W. H. Webster
(1%: ,z0 5hiiblt
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COL7DO
-/6-d
E'.
Baxter,
, Chair
Al-
rt, Prp-Tem
Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
EXCUSED
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AGREEMENT
CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD
COUNTY ROAD # 27.5 BETWEEN DONNA J. SHABLE AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this /(> day of (9 , 1997 by and between
Donna J. Shable, whose address is 22961 Weld County Road 27.5 Milliken, Colorado 80543,
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 Weld County Road # 27.5,
8 which is Weld County Project No. 77, and
o WHEREAS, Owners own the property described in the attached Exhibit "A", and
as •
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s, WHEREAS, County needs the right-of-way in order to complete said rebuilding and
.o7, improvement project, and
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z WHEREAS, Owners wish to cooperate with County in said road improvement.
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a, NOW, THEREFORE, the parties herein agree as follows:
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O 1. Owners agree to sell and County agrees to purchase the right-of-way shown and/or
en 0 o described on Exhibit "A", attached hereto and hereinafter referred to herein as the
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"Property" for the sum of twenty-five hundred dollars ($2,500.00).
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2. Owners agree to grant the Property to County by Deed of Dedication, in the form u m
aattached hereto as Exhibit "B", free and clear of all encumbrances. �' N
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o ti 3. County agrees to pay the costs of title insurance and recording fees, if necessary as s m�
0° determined by County. CD • m
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m oo 4. County agrees to pay Owners the sum of seven hundred dollars ($700.00) for the m a�
7 >, relocation of fence. Owners agree to reinstall fence. m m
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en uo 5. County agrees to pay Owners for maintenance of the property and for loss of crops c mo
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..t the sum of one thousand dollars ($1,000.00). • Z
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6. The parties hereby agree that neither has made or authorized any agreement with x oC
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respect to the subject matter of this instrument other than expressly set forth herein, c
and no oral representation, promise, or consideration different from the terms herein Is
contained shall be binding on either party, or its agents or employees, hereto. This osa
Agreement to Purchase Property on WCR 27.5 between Donna J. Shable and Weld
County.
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Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 972209
Page 2
7. 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.
8. 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 Weld County Road # 27.5.
Owner warrants that he/she is the owner of the Property and will defend title thereto
against all claims.
10. 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.
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11. 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.
ATTEST:
,;c,
CLERK O
COUNT irl
BY:
Deputy Clerk to the Board
OWNER:
Donna J. ShablV
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
BY4e
Geor e E. Baxter, Chair (/‘1/45/97)
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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).
0
0
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2577536 B-1634 P-840 11/04/1997 03:15P PG 3
Dated this 15th day of
ATTEST:
CORPO
COUNT
THE CO
October
BOARD OF
, 1997 .
COUNTY OF WELD, A BODY
AND POLITIC OF THE STATE OF
COLORADO
BY: BY:
Deputy Clerk to the Board
STATE OF COLORADO
COUNTY OF WELD
George €. Baxter, Chair,
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
) ss.
The foregoing instrument was acknowledged before me this 'r' "day of
dc-, , 1997 by George E. Baxter, Chair, BOARD OF COUNTY
COMMISs Y Cs -V, THE COUNTY OF WELD.
A,9O
`�.yPQ, .....:...
Wttneti;p�j d ana official seal.
OF ''I'14p11c 0 -°
My commission expires:
Notary Public
MY COMMISSION DUNKS JUNE 8, 1998
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EXHIBIT A
PER
FROTY DESCRIPTION
A parcel of land being part of the Northwest Quarter (NW 1/4) of Section Eight (8), Township
Four North (T.4N.), Range Sixty-six West (R.66W.) of the Sixth Principal Meridian (6111 P.M.),
County of Weld, State of Colorado and being more particularly described as follows:
BEGINNING at the North Quarter Corner of said Section 8 and assuming the East line of said
NW 1/4 to bear South 03°46'29" East a distance of 5599.02 feet with all other bearings contained
herein relative thereto:
THENCE South 03°46'29" East along said East line a distance of 231.53 feet;
THENCE South 89°09'42" West a distance of 42.24 feet to the Westerly Right -Of -Way (ROW)
line of the existing usage of Weld County Road (WCR) #27.5. Said point being the beginning
point of a non -tangent curve. Said point being the TRUE POINT OF BEGINNING:
Thence along said Westerly ROW line of the existing usage of WCR #27.5 by the following Four
(4) courses and distances:
THENCE South 00°55'42" East a distance of 61.71 feet;
THENCE South 02°13'56" West a distance of 198.21 feet;
THENCE South 03°43'57" West a distance of 51.00 feet;
THENCE South 17°52'37" West a distance of 72.57 feet to the Northerly ROW line of the Union
Pacific Railroad (UPRR);
THENCE South 63°54'18" West along said Northerly ROW line a distance of 319.47 feet to a
point of cusp;
THENCE along the Arc of a curve which is concave to the Northwest a distance of 644.09 feet,
whose Radius is 570.00, whose Delta is 64°44'35", and whose Long Chord bears North
31°32'00" East a distance of 610.36 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 0.442 Acres, 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.
SURVFYOR'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.
Charles B. Jones
Colorado Registered Profess
Land Surveyor #22098
KING SURVEYORS, INC.
1200 West Ash Street, Suite C
Windsor, Colorado 80550
(970) 686-5011
Project Number: 94113-A
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(July 10, 1997)
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EXHIBIT
{-=100,
TRUE POINT OF _
BEGINNING
L = 64°44'35" _
R = 570.00'
L = 644.09'
CB = N31'32'00"E
C = 610.36'
arts DDIEVI' IPIAMttIZOkb
(f),4}t1S2 pig' @5 y
0/1
0
NORTH QUARTER CORNER
SECTION 8-T.4N.-R.66W.
FOUND #6 REBAR WITH
ALUM. CAP STAMPED
LS 13155
58(09142"W
W
,42.24'
SOO'55'42"E
61.71'
WESTERLY USAGE LINE
OF EXISTING WCR #27.5
/ S02'13'56"W
X 198.21'
/
1
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503°43'57"W
51.00'
317°52'37"W
72.57'
O,N t
uQRR / OF
i NF- R
/E-NTECt Y 5 APR C
SOUTH QUARTER CORNER
SECTION 8-T.4N.-R.66W.
FOUND #6 REBAR WITH
ALUM. CAP STAMPED
LS 13155
KING SURVEYORS, INC.
1200 WEST ASH STREET, SUITE C
WINDSOR, CO. 80550 PHONE: (970) 686-5011
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PROJECT NO: 94113
DATE: 7-97
CLIENT: WELD COUNTRY
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EXHIBIT B
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Donna J. Shable whose address is 22961
Weld County Road 27.5, Milliken, Colorado, 80543, Grantor, being the owner of the property in
Weld County, Colorado, which is described in the attached Exhibit "A", does hereby dedicate
forever said property as Rights -of -Way, to be used by the public and maintained by the County of
Weld, a body corporate and politic of the State of Colorado, pursuant to C.R.S. § 43-2-201(1)(a), for
use as Public Rights -of -Way or a Public Highway.
�r 2 -131 -(2 -z1662. -
Donna J. Sha e, Owner
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
Je-c',. , 19`/7, by Donna J. Shable, Owner.
Witness my hand and official seal.
My commission expires:
m:AwptilesVdons \shable.exh
Notary Public
My Commission Expires Feb. 12, 2001
111111111111111111111111111111111111111III1111111111111
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day of
COLORADO
0
MEMORANDUM,
TO: Clerk to the Board
FROM: Don Somer, Utility Agent
SUBJECT: Purchase Agreement
DATE; October 13, 1997
Please place the following item on the Board's next agenda for approval.
Purchase Agreement on WCR 27.5 right-of-way between
Donna J. Shable and Weld County.
The appropriate documentation is attached.
cc: WCR 27.5 file
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‘stzt..
COLORADO
MEMORANDUM
TO: WHOM IT MAY CONCERN January 30, 1998
FROM: LIN DODGE, DEPUTY CLERK TO THE BOARD
SUBJECT: PURCHASE AGREEMENT - WCR 27.5
Attached please find a corrected copy of the resolution, agreement, and exhibits for the purchase
of property for improvements to WCR 27.5. This document was re-recorded to correct the
language set forth in Exhibit B.
NOTE: THIS DOCUMENT WAS RE-RECORDED IN THE OFFICE OF THE WELD
COUNTY CLERK AND RECORDER FOR THE PURPOSE OF CORRECTING THE
LANGUAGE SET FORTH IN EXHIBIT "B"
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