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RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR THE
EXTENSION OF CAMPO ROAD AND AUTHORIZE CHAIR TO SIGN -ALLELY
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 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 Joyce J. Allely,
17 Dos Rios, Greeley, Colorado 80634, 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 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 Joyce J. Allely 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 23rd day of February, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
7D COUNTY, COLORADO
-
ATTEST: •
�u6�i� ✓ 6 ���
� Constance L. Harbert, Chair
Weld Cou C YB. l '
mc: n
W. H. bster, Pr -Tem BY: Deputy fllo ' 4 . L
_ orge E. Baxter
APP D AS ORM:
Da . all
ounty A rney = ' t (
Barbara J. Kirkmeyer
980314
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103
QUIT CLAIM DEED
THIS DEED is made this/3 ay ofX.:/1-opEp .of 1998, between Joyce J. Allely, whose address
is 17 Dos Rios, Greeley, Colorado 80634, 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, 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 One Dollar ($1.00),
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:
All the real property described in 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.
Joyce J. Allely
STATE OF COLORADO)
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this I 7 day of FJ,,j,„Ai, 1998,
by Joyce J. Allely.
Witness my hand and official seal the 1'5 day of r,Ur x ,A.D.,1998.
k
Notary Public
My commission expires: MY Commissi^n Expires Feb. 12, 2001
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2596703 02/27/1998 09:50A Weld County CO
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_ 1 _
PROPERTY DESCRIPTION
Parcel A
A parcel of land being part of the North Half of the Southeast Quarter (N1/2 SEI/4) of Section
Thirty-three (33), 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 South Sixteenth Corner common to Sections 33/34-T.5N.-R.66W. and
assuming the East line of the South Half of the Southeast Quarter (S 1/2 SEI/4) of said Section 33
to bear South 00°05'56" East a distance of 1292.29 feet with all other bearings contained herein
relative thereto:
TIIENCE North 00°05'56" West along the East line of said N1/2 SEI/4 a distance of 235.68 feet
to the existing center line of Weld County Road (WCR) #396. Said point being the TRUE
POINT OF BEGINNING:
Thence along said center line by the following Two (2) courses and distances:
THENCE South 81°33'52" West a distance of 57.63 feet;
THENCE South 84°39'17" West a distance of 232.91 feet;
THENCE North 08°57'46" West a distance of 200.94 feet to a Point of Curvature (PC);
THENCE along the Arc of a curve which is concave to the Southeast a distance of 524.05 feet,
whose Radius is 350.00 feet, whose Delta is 85°47'16", and whose Long Chord bears North
33°55'52" East a distance of 476.45 feet to the Point of Tangency;
THENCE North 76°49'30" East a distance of 54.71 feet to the East line of said NI/2 SEI/4;
THENCE South 00°05'56" East along said East line a distance of 576.12 feet to the TRUE
POINT OF BEGINNING.
Said described parcel of land contains 3.700 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.
SURVEYOR'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.MR'S
• 1i'•�'"v`O
; lr
Charles B. Jones 'V i 1•g
220 4 - SOS / 998
Colorado Registered Profe
Land Surveyor #22098 11 s% ,' \)
`q£ LAID -
KING SURVEYORS, INC.
1200 West Ash Street, Suite C
Windsor, Colorado 80550
(970) 686-5011
Project Number: 97254 (January 30, 1998)
11111111111111111 IIII 1111111 II 11111111 III 11111 IIII 1111
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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).
Dated this 23rd day of February , 19 98 .
ATTEST: COUNTY OF WELD, A BODY
CORPORAT BOARD OF AND POLITIC OF THE STATE OF
COUNTY C M >S COLORADO
THE COUN yt tia?
k WO
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BY: BY(�Ti�i�s',��6'✓�����
Deputy and Constance L Harbert, Chair,
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD (02/23/98)
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of
` --jim,Lp�L , 19 9c4by Constance L. Harbert, Chair, BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand:..:- ..._,•1 seal.-"�p Y Pve` /�ey Cif 2A S•KIMBERLEEA't Notary Public
SCHUE T
My commis••,,.TIA cQ ..
My Commission Eat Ool tar 1,as
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2596703 02/27/1998 09:50A Weld County CO
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7Q -
AGREEMENT
CONCERNING PURCHASE OF PROPERTY FOR THE EXTENSION OF THE WEST END
OF COMPO ROAD EXTENDING IN A SOUTHWEST DIRECTION TO WCR 378,
BETWEEN JOYCE J. ALLELY, Owner AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this I?7 day of , 1998 by and between
Joyce J. Allely, Owner, whose address is 17 Dos Rios, Greeley, Colorado 80634, hereinafter
referred to as "Owner," 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 Compo Road, which is Weld
County Project No. /S'y , and
WHEREAS, Owner owns the property described in the attached Exhibit"A", and
WHEREAS, County needs the right-of-way in order to complete said rebuilding and
improvement project, and
WHEREAS, Owner wish to cooperate with County in said road improvement.
NOW, THEREFORE, the parties herein agree as follows:
1. Owner agrees to transfer ownership to County and County agrees to accept 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$1.00 (One Dollar).
2. Owner agrees to grant the Property to County by Quit Claim Deed, 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.
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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 Owner, 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 Campo Road.
6. Owner warrants that she is the owner of the Property and will defend title thereto
against all claims.
7. General taxes for the year 1998 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.
OWNER:
Joyce J. Allely
ATTEST: BOARD OF COUNTY COMMISSIONERS
' OF WELD COUNTY, STATE OF
/ f ;;TA' °,'' COLORADO
CLERK TO4THE a_
COUNTY C�OI4MIS vfE
� � \ , 'try,
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BY: :xi;, ,t 7A ,<L BYt cel2 ��s��� �e �uY
Deputy Clerk`IttliBtrd Constance L. Harbert, Chair (02/23/98)
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fo
wilge MEMO RANtwm
COLORADO TO: Clerk to the Board DATE: February 17, 1998
FROM: Don Somer, Utility/Right-of-Way Agent-CJ
SUBJECT: Agreement on Purchase of Right-of-Way
Please place the following item on the Board's next agenda:
Agreement to purchase property for the extension of the west end of Compo Road
extending in a southwest direction to WCR 378 between Joyce J. Allely, Owner, and
Weld County.
The appropriate documentation is attached.
cc: Drew Scheltinga, County Engineer
Compo Road file
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980314
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