HomeMy WebLinkAbout961197.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING IMPROVEMENTS TO WELD COUNTY
ROAD 7 WITH SWINK FAMILY FARMS, LTD., ESTHER SWINK, SYLVIA ROSALEE
SAUER AND ALVIN WALTER SWINK, TRUSTEES, 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 7 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 Swink Family Farms, Ltd., a Colorado Limited Partnership, as to
73% interest and Esther Swink, Sylvia Rosalee Sauer and Alvin Walter Swink, Trustees of the
Swink Family Trust, 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 7
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
Swink Family Farms, Ltd., a Colorado Limited Partnership, as to 73% interest and Esther
Swink, Sylvia Rosalee Sauer and Alvin Walter Swink, Trustees of the Swink Family Trust, 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 July, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
I `�, Lu
W��pCOUNTY, COLORA O
= I� �GG Gn F�jG�
ae�q. . BB o
1861It
-�,► arbor J. Kirkmeyer, air
e�• � ty Clerk to the Board
et, Vr
k • rge E"Baxter, Pro-T m
Deputy Cler to the Board J p
Dale K. Hall
AP iS ED AS z O :
/ Constance Harbert
W. H. ebster
• 961197
4j' o9 . o;aiccto-I EG0035
1
AGREEMENT
CONCERNING IMPROVEMENTS TO COUNTY ROAD #7 BETWEEN SWINK FAMILY
FARMS, LTD. , A COLORADO LIMITED PARTNERSHIP, AS TO 73% INTEREST AND
ESTHER SWINK, SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, TRUSTEES
OF THE SWINK FAMILY TRUST AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this rte(¢' day of , 1996 by
and between Swink Family Farms, Ltd. , a Colo ado Limited
Partnership, as to 73% interest and Esther Swink, Sylvia Rosalee
Sauer and Alvin Walter Swink, Trustees of the Swink Family Trust
created under the will of Walter A. Swink dated March 15, 1974 „
whose address is c/o Esther Swink, 2510 West 144th Avenue,
Broomfield, 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. "
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve
County Road 7, which is Weld County Project No. 95020 , 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 TEN and 00/100' s DOLLARS
($10 . 00) .
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 . 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
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961197
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.
5 . 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 19 .
6 . Owner warrants that he/she is the owner of the Right-of-
Way and will defend title thereto against all claims .
7 . 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.
8 . County agrees to compensate Owner for any loss or damage
to existing crops currently located on Owner' s property
that is caused as a direct result of the road
construction contemplated herein.
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:
SWINK FAMILY FARMS, LTD. , A COLORADO LIMITED PARTNERSHIP, AS TO 73%
INTEREST AND ESTHER SWINK, SYLVIA ROSALEE SAUER AND ALVIN WALTER
SWINK, TRUSTEES OF THE SWINK FAMILY TRUST
BYINK FAMjL YLARMS.,�LrTD. ( ztJ/c‘ti TAX I f831- Oapplicable) :
&,a 2 4An
ESTHER SWINK, TRUSTEE OF SWINK FAMILY TRUST
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9611E?
,tom -a> j AI
SYL A ROSALEEB SAUER, TRUSTEE OF SWINK FAMILY TRUST
ALVIN WALTER SWINK, TRUSTEE OF SWINK FAMILY TRUST
ATTEST : •.n,1\-AgeA ._.
B T COMM SIGNERS OF WELD COUNTY, STATE OF COLORADO
Clin -`I' m,TIS ARD //�J BOARD OF COUNTY COMMISSIO ERS
COURT VOMMT IONE GL$eyj WELD COUNTY, COLORADO
B ,( BYQ i !h
eputy Clerk to t B and Bar alb ra J. Kirkmeyer , Cha �/
%
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961197
AGREEMENT
CONCERNING PAYMENTS UNDER THE TERMS OF THE AGREEMENT BETWEEN
SWINK FAMILY FARMS, LTD., A COLORADO LIMITED PARTNERSHIP, ESTHER SWINK,
SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, TRUSTEES OF THE SWINK
FAMILY TRUST, Owner (5), AND WELD COUNTY, COLORADO, DATED /y_J,¢e, ac4 ,
1996.
Under the terms of the above referenced Agreement, it is the obligation of Owner
(5) to convey clear title to the subject property being conveyed from Owner (s) to
County. Payment of any negotiated amounts may require the release of claims of
encumbrances of record, i.e., Deeds of Trust, liens, etc., affecting the property.
Typically, prior to payment by County to Owner (5), these releases are obtained by
the County or Closing Agents for the County. In certain cases, this process can take
several months or longer depending on the lien holder's response.
In efforts to provide prompt payment to Owner (5), the County provides the
following choices to Owner(5) regarding payment. Please check one box and, in the
space provided, provide any loan and or lender information that may be helpful
in obtaining the appropriate releases.
Simultaneously with tender of payment by County, Owner (s) or Closing
c mpany shall deliver fully executed partial releases of any applicable Deeds of
Trust, liens, or encumbrances.
II Payment by County to Owner (5) under the terms of the above referenced
Agreement shall be prompt with the obligation of the Owner (5) to cooperate in
any effort by the County to obtain fully executed partial releases of any applicable
Deeds of Trust, liens, or encumbrances. Should any amounts need to be paid to
reduce the principal of these Deeds of Trust, liens, or encumbrances, Owner shall
promptly pay same to the appropriate/ lien holder. `/
LJL q 7j /at otc°' oL�v g.� ITNESS - 7u'ia.reD,, _ SWINK FAMILY FARMS, LTD.
�P?,\( PU8/ & Lev cYu .y 1�
O:-•.. •...c, ESTHER SWINK, TRUSTEE
LORI la--u t-i.
i W {EELER 4 SYLVIA ROSALE AU RUSTEE
c Of C6\I`- ALVIN WALTER INK, TRUSTEE
My Commiss .,t, yes July 28, 1999
ENCUMBRANCE INFORMATION
NAME OF LENDER ACCT #. ADDRESS & PHONE #
WELDCNTY\SWINK.PMT
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EXHIBIT "A"
PROPERTY DESCRIPTION
A parcel of land being part of the Northeast Quarter (NEI/4) of Section Twenty-one (21),
Township One North (TIN.), Range Sixty-eight West (R.68W.) of the Sixth Principal
Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly
described as follows:
BEGINNING at the Section Corner common to Sections 15/16/21122-T.IN.-R.68W. and
assuming the East line of said NB1/4 to bear South 00'01'01`East with all other bearings
contained herein relative thereto:
#1: THENCE South 00.01'01'East along the Bast line of said NEI/4 a distance of
788.74 feet;
#2: THENCE South 89°58'59"West a distance of 30.00 feet to a point on the existing
Westerly Right-Of-Way (ROW) line of Weld County Road (WCR) II0. Said point
being the TRUE POINT OF BEGINNING;
#3: THENCE South 00"01'01"Bast along said existing Westerly ROW line a distance of
606.93 fat;
#4: THENCE North 08.00'44'West a distance of 318.51 feet;
#5: THENCE North 00.00'00'West a distance of 94.55 feet;
#6: THENCE North 12.39'05'Past a distance of 201.88 fat to the TRUE POINT OF
BEGINNING.
Said described parcel of land contains 15,534 Square Pat more or less (f) (0.357 Acres).
SURVEYOR'S CERTIFICATE
1,Charles B.Jones, a Colorado Registered Professional Land Surveyor do hereby stale that
this Property Description was prepared under my personal supervision and that it is true and
correct to the�beQst of my knowledge, Information, belief, and in my professional opinion.
/a I .F'`*
Charles B. IOneaPirs-
�� ��
Colorado Registered Professlo 'ts, / /
Land Surveyor #22098 4l �uNO .
KING SURVEYOR'S INC.
1200 W.Ash Street, Suite C
Windsor, Colorado 80550
(970) 686-5011
Project Number: 95020
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/52
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that SWINK FAMILY FARMS, LTD. ,
A COLORADO LIMITED PARTNERSHIP, AS TO 73% INTEREST AND ESTHER m tj,
SWINK, SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, TRUSTEES OF THE a o
SWINK FAMILY TRUST CREATED UNDER THE WILL OF WALTER A. SWINK DATED Ha
MARCH 15 , 1974 , C/O ESTHER SWINK, of 2510 West 144th Avenue, o N
Broomfield, Colorado, being all of the owners of the following ,.rty
described property in Weld County, Colorado, to-wit : r,
n v'
o O1
(See attached Exhibit A) it
I
Li b �do hereby dedicate forever said property as a public highway, ' o
pursuant to Colorado Revised Statute 43-2-201 (1) , free and clear of
all liens and encumbrances and warrants to title to the same . "' N
H
CP LO
SWINK FAMILY FARMS, LTD. , A COLORADO LIMITED PARTNERSHIP
BY: rto
o w
n
ro
P--i-eitm---La4. � , n
ESTH R SWINK, TRUSTEE OF THE SWINK FAMILY TRUSTtit, de.- A' s
Seo
Pi 0
SYLV A ROSALEE SAUER, TRUSTEE OF THE SWINK FAMILY TRUST o o0
ii
/iLC62-e—r 1) 4y ,°"Gr`Ye
ALVIN WALTER SWINK, TRUSTEE OF THE SWINK FAMILY TRUST
o �ro
on
O
STATE OF COLORADO ) g
) ss . n
COUNTY OF 4SEC4.0
The �foregoing instrument was acknowledge before me this ,0Y4 day of
f 67n aa�' , 1996 , by LSthe4C w)hic. of Swink Family
Farms, ltd. , a Colorado Limited Partnership .
Witness my hand and official seal . � ( //W1/'
j.� C'- 9 I$ aka('
��Fii f' 6)*7. Notary Public
My commission expires :f.≥. ' /"'''
N .-
I LORI `
• I
7:2-sn ssion e ^,rfos July 28, 1999 I WHEELER
961197
STATE OF COLORADO )
ss.
COUNTY OF JdEtD boulder')
oing instrument was acknowledged before me this �t` day of
PV ! ` , 1996, by Esther Swink, Trustee of the Swink
rut .t .
LORI LWitnesa my hand and official seal .
WHeS-M 1 �. a�
9TH 0: c`\,\ :` /5-4.i .
y Public
My fission expires :
',1y Commission e„r r s Ju y 28, 1999
e
STATE OF COLORADO )
) ss .
COUNTY OF ipED-AUutjlat.)-
\;�aiegoing instrument was acknowledged before me this olefay of
uj 1996 , by Sylvia Rosalee Sauer, Trustee of the
Smirk :Fa ily Trust .
W"��-LEPWitr? ss my hand and official seal .
Notary Public
My commission expires : ,. e� 1999
is Commission expires July 28,
STATE OF COLORADO )
) ss.
COUNTY OF wwrLffMLPEL)
The foregoing instrument was acknowledged before me this a4/ day of
/n , 1996, by Alvin Walter Swink, Trustee of the Swink
Family! Trust .
Witness my hand and official seal .
IdlYht; (I)441411
Notary Public
My commission expires :
My Commission expires July 28, 1999
LORI
WJ4icL'•LR
l C/
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961197
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) .
ed this 0L4 day of 77011 , 1996 .
S4, `, COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
xp 91ss
,'' *V/ TF -: IARD
7 .
may Clerk to tb.�_-:•ard Barbar J. Kirkmeyer , hair, oardoVic- ,
of County Commissioners of
the County of Weld
STATE OF COLORADO )
) as.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
_ day of , 1996 , by
, C air, Board of �• Commissioners
of the County of Weld. SA(SY !'j1 :$
1' , . i
Witness my hand and official seal . 4
- {{
SP , ';t ' Gf
Not ' i:.plic
1
My commission expires : ti
OP-'
WELDCNTY\CNTYAGT2 . SWK
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961197 i
mEmoRAnDum
Wi`k
Clerk to the Board July 9, 1996 14
To D e l r • r
COLORADO Drew Scheltinga, County Engineer
From
Subject: WCR 7, Item for Approval
Please place the following item on the Board's next agenda:
Agreement to WCR 7 between Swink Family Farms, Ltd., A Colorado Limited
Partnership, as a 73% interest and Esther Swink, Sylvia Rosalee Sauer and Alvin
Walter Swink, trustees of the Swink Family Trust and Weld County, Colorado.
A signature is needed on the Agreement and the Acceptance of Deed of Dedication.
After the Chair has signed the documents, please record all documents.
Please send a copy of the fully executed and recorded documents to me, and I will forward a copy
to the property owners.
Thank you for your cooperation.
agendal
961197
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