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HomeMy WebLinkAbout952522.tiffRESOLUTION RE: APPROVE SEVEN AGREEMENTS CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 19 WITH VARIOUS INDIVIDUALS AND AUTHORIZE CHAIRMAN 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 seven Agreements concerning Improvements to Weld County Road 19 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the following individuals: 1) Helen E. Johnson; 2) Arlan K. Marrs; 3) Edgar G. Aden; 4) Jerry A. Lambrecht and Beverly A. Lambrecht; 5) Ronald W. Haake and Margie I. Haake; 6) Martin Investment, Inc.; and 7) Roy N. Enter, with terms and conditions being as stated in said agreements, and WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the seven Agreements concerning Improvements to Weld County Road 19 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the following individuals: 1) Helen E. Johnson; 2) Arlan K. Marrs; 3) Edgar G. Aden; 4) Jerry A. Lambrecht and Beverly A. Lambrecht; 5) Ronald W. Haake and Margie I. Haake; 6) Martin Investment, Inc.; and 7) Roy N. Enter be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of December, A.D., 1995. a4,4 Weld_Oour)ty Clerk to the Board `Deputy Clerko)the Board ED AS TO FORM• 0Q� BOARD OF COUNTY COMMISSIONERS ELQCOUNTY, GO,LORQDO Dale K. Hall, ChaiMian LA a _. / arbartJ Kirkmeyer, Pr t Tem eorge E.Baxter Fxrl IRFn Constance L. Harbert W. H. Webster f. /CH el AD cit. yon �S l 952522 EG0034 AR2471Q3i AGREEMENT CONCERNING IMPROVEMENTS TO COUNTY ROAD #19 BETWEEN JERRY A. LAMBRECHT AND BEVERLY A. LAMBRECHT AND , WELD COUNTY, gCOLORADO THIS AGREEMENT is made this a'7771 day of sCeem12Zr ,1995 by and between Jerry A. Lambrecht and Beverly A. Lambrecht, whose address is 5535 WCR 23, Fort Lupton, Colorado 80621, 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 19, which is Weld County Project No. , 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. s NOW, THEREFORE, the parties herein agree as follows: 1. Owners agree to sell and County agrees to right-of-way shown and/or described on attached hereto and hereinafter referred to "Right -of -Way" f o r t h e Tie T.e�sa�p o%m 00/100's DOLLARS purchase the Exhibit A, herein as the s u m o f ($a000.00). 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 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. 2471031 B-1526 P-437 01/09/96 03:56P PG 1 OF 6 REC DOC Weld County CO Clerk & Recorder 0.00 952522 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. 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): ATTEST: C\ BEVERLY A. LAMBRECHT a aCe ..ia=.i ;RY A. LAMBRECHT BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO CLERK TO THE BOARD OF COUNTY COOMINILSSIONRS BY: BY: e Board Dale K. Hall , Chdirman 2471031 8-1526 P-437 01/09/96 03:56P PG 2 OF 6 (12/27/95) 952522 EXHIBIT "A" PG.1 Parcel 9 That portion of the Southwest Quarter of Section 3, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the West line of the Southwest Quarter of Section 3, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 25937 at the West Quarter corner of said Section 3, and by a 3/4" diameter rebar with a 2" diameter aluminum cap, P.L.S. 25937 at the Southwest Quarter of said Section 3, to bear an assumed bearing of North 00°29'00" East with all bearings contained herein relative thereto. Beginning at the Southwest corner of the Southwest Quarter of said Section 3; thence North 02°53'59" East 711.58 feet to the East right of way line of existing Weld County Road 19, said point being the TRUE POINT OF BEGINNING; thence South 89°17'02" East 15.00 feet; thence parallel with the West line of the Southwest Quarter of said Section 3 North 00°29'00" East 200.00 feet; thence North 89°17'02" West 15.00 feet to said East right of way line; thence along said right of way line South 00°29'00" West 200.00 feet more or less to the TItUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.069Ac.± (3000 SQ. FT.±). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 19, 1995 as a result of a Land Survey of the above described parcel. 2471031 B-1526 P-437 01/09/96 03:56P PG 3 OF 6 952., ?.`22 1 EXHIBIT "A" PG.2 Parcel 10 That portion of the Southwest Quarter of Section 3, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the West line of the Southwest Quarter of Section 3, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 25937 at the West Quarter corner of said Section 3, and by a 3/4" diameter rebar with a 2" diameter aluminum cap, P.L.S. 25937 at the Southwest Quarter of said Section 3, to bear an assumed bearing of North 00°29'00" East with all bearings contained herein relative thereto. Beginning at the East Quarter corner of said Section 3; thence South 12°40'50" East 131.73 feet to the East right of way line of existing Weld County Road 19; thence along said right of way line South 00°29'00" West 701.59 feet to the TRUE POINT OF BEGINNING; thence South 89°17'02" East 30.00 feet; thence parallel with the West line of the Southwest Quarter of said Section 3 South 00°29'00" West 100.00 feet; thence South 04°46'26" West 401.01 feet to said West right of way line; thence along said right of way line North 00°29'00" East 500.00 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.207 Ac.± (9000 SQ. FT.±). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 19, 1995 as a result of a Land Survey of the above described parcel. 2471031 B-1526 P-437 01/09/96 03:56P PG 4 OF 6 D52522 EXHIBIT B DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that JERRY A. LAMBRECHT AND BEVERLY A. LAMBRECHT, of 5535 WCR 23, Fort Lupton, Colorado 80621, 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. JERRY A. LAMBRECHT BEVERLY A. LAMBRECHT STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 1995, by Jerry A. Lambrecht and Beverly A. Lambrecht. Witness my hand and official seal. Notary Public My commission expires: 2471031 8-1526 P-437 01/09/96 03:56P PG 5 OF 6 ref R" --C19 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: CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: BY: Deputy Clerk to the Board STATE OF COLORADO )ss. COUNTY OF WELD ,Chairman, Board of County Commissioners of the 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. My commission expires: Notary Public WELDCNTY\CNTYAGT.LAM 2471031 B-1526 P-437 01/09/96 03:56P PG 6 OF 6 rt AR24710J2 AGREEMENT CONCERNING IMPROVEMENTS TO COUNTY ROAD #19 BETWEEN EDGAR G. ADEN AND WELD COUNTY, COLORADO THIS AGREEMENT is made this a�%�h day of & remb0r, 1995 by and between Edgar G. Aden, whose address is 8906 WCR 8, Fort Lupton, Colorado 80621, 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 19, which is Weld County Project No. , 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 FIVE HUNDRED and 00/100's DOLLARS ($500.00). 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 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. 2471032 B-1526 P-438 01/09/96 03:56P PG 1 OF 6 REC DOC Weld County CO Clerk & Recorder 0.00 952522 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. 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): ATTEST:\ -_\ A BOARD OF COUNTY EDGA�T G. ADEN COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO CLERK TO TH BO RD OF COUNTY BY: the/:oard BY: 2471032 B-1526 P-438 01/09/96 03:56P PG 2 OF 6 D.le . Hall C airman (12/27/95) EXHIBIT "A" PG,l Parcel 5 That portion of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" X 30" rebar at the Northeast corner and the East Quarter corner of said Section 21, to bear an assumed bearing of North 00°09'14" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 21; thence South 36°46'38" West 769.89 feet to the TRUE POINT OF BEGINNING, said point being at the intersection of the Westerly right of way line of existing Weld County Road 19 and the Southerly right of way line of existing Weld County Road 8, said point being, also, the beginning of a curve to the left along said Westerly right of way line, having a central angle of 04°46'59" and a radius of 210.00 feet, the chord of said curve bears South 10°17'41" East 17.53 feet; thence Southeasterly along the arc of said curve 17.53 feet to the end of said curve; thence South 80°30'26" West 63.72 feet to the beginning of a curve to the left, having a central angle of 09°38'38" and a radius of 470.00 feet, the chord of said curve bears South 75°41'07" West 79.02 feet; thence Southwesterly along the arc of said curve 79.11 feet to the end of said curve, said point being on the Southerly right of way line of existing Weld County Road 8; thence along said Southerly right of way line North 70°51'47" East 144.25 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.022 Ac.± (948 SQ. FT.±). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 1, 1995 as a result of a Land Survey of the above described parcel. 2471032 8-1526 P-438 01/09/96 03:56P PG 3 OF 6 952522 EXHIBIT "A" PG.2 Parcel 7 That portion of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" X 30" rebar at the Northeast corner and the East Quarter corner of said Section 21, to bear an assumed bearing of North 00°09'14" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 21; thence along the East line of said Northeast Quarter South 00°09'14" West 1065.90 feet; thence South 89°50'46" East 30.00 feet to the West right of way line of Weld County Road 19, said point being the TRUE POINT OF BEGINNING, said point being, also, the beginning of a curve to the left, having a central angle of 59°56'47" and a radius of 190.00 feet, the chord of said curve bears North 29°49'10" West 189.85 feet; thence Northwesterly along the arc of said curve 198.79 feet to the end of said curve; thence North 59°47'33" West 120.23 feet to the Southerly right of way line of existing Weld County Road 19; thence along said Southerly right of way line the following three courses: South 60°46'02" East 208.19 feet to the beginning of a curve to the right, having a central angle of 60°55'16" and a radius of 33.00 feet, the chord of said curve bears South 30°18'24" East 33.46 feet; thence Southeasterly along the arc of said curve 35.09 feet to the end of said curve; thence South 00°09'14" West 94.64 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.053 Ac.± (2318 SQ. FT.±). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 1, 1995 as a result of a Land Survey of the above described parcel. 2471032 B-1526 P-438 01/09/96 03:56P PG 4 OF 6 n• n/\ .J '.J!'.0...: i;JyS EXHIBIT B DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that EDGAR G. ADEN, of 8906 WCR 8, Fort Lupton, Colorado 80621, 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. STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 1995, by Edgar G. Aden. Witness my hand and official seal. Notary Public My commission expires: 2471032 B-1526 P-438 01/09/96 03:56P PG 5 OF 6 r^F_ 72 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: CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO 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.ADEN 2471032 B-1526 P-438 01/09/96 03:56P PG 6 OF 6 o33 A AGREEMENT CONCERNING IMPROVEMENTS TO COUNTY ROAD #19 BETWEEN ARLAN K. MARRS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this A9147 day of IereP714,r, 1995 by and between Arlan K. Marrs, whose address is 2858 Weld County Road 19, Fort Lupton, Colorado 80621, 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 19, which is Weld County Project No. , 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 FIVE HUNDRED and 00/100's DOLLARS ($500.00). 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 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. 2471033 B-1526 P-439 0//09/96 03:56P PG 1 OF 5 REC D0C Weld County CO Clerk & Recorder 0.00 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 landscaping 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: ATTEST: 59,D2 -1,1,-3,35Y TAX ID # ( it, app, 'cable) ARLAN K. BOARD OF COUNTY COMMISS;;ONERS OF WE7,D COUNTY, STATE OF COLORADO CLERK TO THE:. BO COUNTY CO BY: D -yf Board BY: 2471033 B-1526 P-439 01/09/96 03:56P PG 2 OF 5 Dale K. all, Cha\irman (12/27/95) EXHIBIT "A" Parcel 6 That portion of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" X 30" rebar at the Northeast corner and the East Quarter corner of said Section 21, to bear an assumed bearing of North 00°09'14" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 21; thence South 27°06'35" West 774.47 feet to the TRUE POINT OF BEGINNING, said point being on the Westerly line of that certain parcel described in Book 1214, Reception No. 2160660, said point being, also, at the beginning of a curve to the right, having a central angle of 18°07'56" and a radius of 190.00 feet, the chord of said curve bears South 50°43'35" East 59.88 feet; thence Southeasterly along the arc of said curve 60.13 feet to the end of said curve; thence South 59°47'33" East 135.75 feet to the Southerly line of that certain parcel described in Book 1214, Reception No. 2160660; thence along the Southerly and Westerly lines of said parcel the following two courses: North 61°58'21" West 183.19 feet; thence North 05°35'21" West 20.22 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.019 Ac.± (807 SQ. FT.±). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 1, 1995 as a result of a Land Survey of the above described parcel. 2471033 B-1526 P-439 01/09/96 03:56P PG 3 OF 5 952522 EXHIBIT B DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that ARLAN K. MARRS, of 2858 Weld County Road 19, Fort Lupton, Colorado 80621, 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. ARLAN K. MARRS STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 1995, by Arlan K. Marrs Witness my hand and official seal. Notary Public My commission expires: 2471033 B-1526 P-439 01/09/96 03:56P PG 4 OF 5 952522 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 ATTEST: CLERK TO THE BOARD day of , 1995. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: BY: Deputy Clerk to the Board STATE OF COLORADO )ss. COUNTY OF WELD ,Chairman, Board of County Commissioners of the 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. My commission expires: Notary Public WELDCNTY\CNTYAGT.MAR 2471033 B-1526 P-439 01/09/96 03:56P PG 5 OF 5 952522 L _03 6671603 P.e2 ,,1/2N2471034 AGREEMENT CONCERNING IMPROVEMENTS TO COUNTY ROAD #19 BETWEEN ROY ENTER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 72-- b D day of ,1995 by and between RoyNEnter, whose address is /004- 2eiue �..)Aly , JV riaell- , Colorado Sm i'7 , 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." WITMESSETH: WHEREAS, County finds it necessary to rebuild and improve County Road 19, which is Weld County Project No. , and WHEREAS, Owners own the following (See attached Exhibit A), and WHEREAS, County needs additional complete the said project, and described property: right-of-way in order to 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 FIVE HUNDRED and 00/100's DOLLARS ($500.00). 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 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. 2471034 8-1526 P-440 01/09/96 03:57P PG 1 OF 6 Weld County CO Clerk & Recorder REC DOC 0.00 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. IT I8 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 PUREOF, the parties have set their hands on the day and year first above written. OWNER: 375'-4o-Oi01 ID# C. ap licable): ATTESTP ROY ER BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO CLERK TO THE BOARD 0 COUNTY r•'.P. sSIONERS BY: BY: he Board Dale K. Hall, d�irman (12/27/95) 2471034 B-1526 P-440 01/09/96 03:57P PG 2 OF 6 952522 anarinirtiti SEP-22-1995 14:10 11.1,1J.HblIsim EXHIBIT A Parcel 1 That portion of the southwest Quarter of Section 15, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Northeast Quarter of section 21, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" X 30" rebar at the Northeast corner and the East Quarter corner of said Section 21, to bear an assumed bearing of North 00°09'14" East with all bearings contained herein relative thereto. Beginning at the Southwest corner of said Section 15; thence along the West line of the Southwest Quarter of said Section 15 North 00°46'52" East 67.34 feet; thence South 89°13'08" East 30.00 feet to the East right of way line of Weld County Road 19; thence along said right of way line South 00°46'52" west 16.95 feet to the TRUE POINT OF BEGINNING; thence South 78°40'16" East 65.53 feet to the beginning of a curve to the right, having a central angle of 10°41'28" and a radius of 470.00 feet, the chord of said curve bears South 84°01'01" East 87.57 feet; thence Southeasterly along the arc of said curve 87.70 feet to the end of said curve, said point being on the North right of way line of Weld County Road 8; thence along said North right of way line North 89°21'45" West 151.64 feet to the East right of way line of Weld County Road 19; thence along said East right of way line North 00°46'52" East 20.32 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.026 Ac.± (1154 SQ. FT.±). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 1, 1995 as a result of a Land Survey of the above described parcel. 2471034 B-1526 P-440 01/09/96 03:57P PG 3 OF 6 952522 SEP-22-1995 14: 11 1 1 br�I rbc EZnIBIT B DEED OF DEDICATION A/ ALL NEN By T BB PRESENTS that ROY ENTER, of avoc.u.4y , , Colorado &3p/7, 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 o title to the same. ROYNE STATE OF COLORADO ) ) ss. COUNTY OP IIMID the fore Ding instrument was acknowledged before me thir. s_day of , 1995, by Roy • .•' W'ihess my hand and official seal. %- •."'J bLO t\ "•.l4 ,21commiSsion expires: . Y • 1 r• Notary •1 2471034 8-1526 P-440 01/09/96 03:57P PG 5 OF 6 9525.22 t GREG B. MARRS KAREN J. MARRS NORTH 11/4 A r r GREEN UNES REPRESENT EXISTING RIGHT OF WAY PRESENTLY IN USE rn71NTY OF AP I DAWI1V • va aafsaa £uaJf CONTINUOUS RED LINES REPRESENT INDIVIDUAL PROPERTY LINES 2471034 B-1526 P-440 01/09/96 03:57P PG 4 OF 6 952522 SEP-22-1995 14:11 1 bb"i ibe_ 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. COUNTY OF WELD, A BODY ATTEST: CORPORATE AND POLITIC OF THE STATE OF COLORADO CLERK TO THE BOARD BY: Deputy Clerk to the Board STATE OF COLORADO )ss. COUNTY OF WELD ) BY: ,Chairman, Board of county Commissioners of the 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. My commission expires: Notary Public WELDCNTY\CNTYAGT.ETR 2471034 B-1526 P-440 01/09/96 03:57P PG 6 OF 6 935 4W2471Q j5 AGREEMENT CONCERNING IMPROVEMENTS TO COUNTY ROAD #19 BETWEEN HELEN E. JOHNSON AND WELD COUNTY, COLORADO THIS AGREEMENT is made this � 7,7 day of arnb -,1995 by and between Helen E. Johnson, whose address is 10928 109th Place, Northglenn, Colorado 80233, 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 19, which is Weld County Project No. , 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 FIVE HUNDRED and 00/100's DOLLARS ($500.00). 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 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. 2471035 B-1526 P-441 01/09/96 03:57P PG 1 OF 6 REC D0C Weld County CO Clerk & Recorder 0.00 952522 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. 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): HELEN E. JOHNSON ATTEST: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO CLERK TO T COUNTY CO BY: Depu ti.':G Ike • Board BY• e K. Hall , Chairman (12/27/95) 2471035 B-1526 P-441 01/09/96 03:57P PG 2 OF 6 952522 EXHIBIT "A" pg.1 Parcel 3A That portion of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" X 30" rebar at the Northeast corner and the East Quarter corner of said Section 21, to bear an assumed bearing of North 00°09'14" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 21; thence along the East line of the Southeast Quarter of Section 16, Township 1 North, Range 67 West of the 6th P.M. North 00°46'52" East 67.34 feet; thence North 89°13'08" West 30.00 feet to the West right of way line of Weld County Road 19, said point being on a curve to the right, having a central angle of 20°45'20" and a radius of 190.00 feet, the chord of said curve bears South 11°09'32" West 68.45 feet; thence Southwesterly along the arc of said curve 68.83 feet to the end of said curve, said point being on the South right of way line of Weld County Road 8 (undeveloped), said point being, also, the TRUE POINT OF BEGINNING, said point being, also, the beginning of a curve to the right, having a central angle of 21°43'32" and a radius of 190.00 feet, the chord of said curve bears South 32°23'58" West 71.61 feet; thence Southwesterly along the arc of said curve 72.04 feet to the end of said curve; thence South 43°15'44" West 134.50 feet to the Westerly right of way line of existing Weld County Road 19; thence along said Westerly right of way line the following two courses: North 43°51'19" East 186.30 feet to the beginning of a curve to the left, having a central angle of 31°28'03" and a radius of 50.00 feet, the chord of said curve bears North 28°07'17" East 27.12 feet; thence Northeasterly along the arc of said curve 27.46 feet to the North line of said Northeast Quarter; thence along said North line North 89°12'13" West 11.31 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.013 Ac.± (554 SQ. FT.±). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 1, 1995 as a result of a Land Survey of the above described parcel. 2471035 B-1526 P-441 01/09/96 03:57P PG 3 OF 6 952522 EXHIBIT "A" pg.2 Parcel 4 That portion of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" X 30" rebar at the Northeast corner and the East Quarter corner of said Section 21, to bear an assumed bearing of North 00°09'14" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 21; thence South 45°30'09" West 453.55 feet to the TRUE POINT OF BEGINNING, said point being on the Westerly right of way line of existing Weld County Road 19; thence South 43°15'44" West 101.45 feet to the beginning of a curve the left, having a central angle of 42°18'29" and a radius of 250.00 feet, the chord of said curve bears South 22°06'29" West 180.44 feet; thence Southwesterly along the arc of said curve 184.60 feet to the end of said curve, said point being on the Westerly right of way line of said existing Road 19, said point being the beginning of a curve to the right along said Westerly right of way line, having a central angle of 21°53'37" and a radius of 210.00 feet, the chord of said curve bears North 18°50'46" East 79.76 feet; thence Northeasterly along the arc of said curve 80.24 feet to the end of said curve; thence continuing along said Westerly right of way line the following two courses: North 29°47'34" East 33.26 feet to the beginning of a curve to the right, having a central angle of 10°05'24" and a radius of 947.00 feet, the chord of said curve bears North 34°50'16" East 166.56 feet; thence Northeasterly along the arc of said curve 166.77 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.055 Ac.± (2407 SQ. FT.±). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 1, 1995 as a result of a Land Survey of the above described parcel. 2471035 B-1526 P-441 01/09/96 03:57P PG 4 OF 6 952522 EXHIBIT B DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that HELEN E. JOHNSON, of 10928 109th Place, Northglenn, Colorado 80233, 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. HELEN E. JOHNSON STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 1995, by Helen E. Johnson. Witness my hand and official seal. Notary Public My commission expires: 2471035 B-1526 P-441 01/09/96 03:57P PG 5 OF 6 952522 ATTEST: CLERK TO THE BOARD 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. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO 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. My commission expires: Notary Public WELDCNTY\CNTYAGT.JON 2471035 B-1526 P-441 01/09/96 03:57P PG 6 OF 6 952522 AR2471036 AGREEMENT CONCERNING IMPROVEMENTS TO COUNTY ROAD #19 BETWEEN MARTIN INVESTMENT,INC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 8 day of /,a.,Ew.,c ,1995 by and between Martin Investment, Inc., whose address is 3037 WCR 19, Fort Lupton, Colorado 80621, 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 19, which is Weld County Project No. , 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 TWO HUNDRED FIFTY and 00/100's DOLLARS ($250.00). 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 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. 2471036 B-1526 P-442 01/09/96 03:57P PG 1 OF 5 REC DOC Weld County CO Clerk & Recorder 0.00 952522 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. 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: MARTIN INVESTMENT,lia.14.04_ ATTEST:• - *t _ BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO CLERK TO THE BOARD OF COUNTY COMMISSIONERS BY: BY 3 De ;�f ,: 'v "it ° tp .' e Board Dale K. Hall , irman (12/27/95) 2471036 B-1526 P-442 01/09/96 03:57P PG 2 OF 5 952522 EXHIBIT "A" Parcel 2A That portion of the Southeast Quarter of Section 16, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Northeast Quarter of Section 21, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" X 30" rebar at the Northeast corner and the East Quarter corner of said Section 21, to bear an assumed bearing of North 00°09'14" East with all bearings contained herein relative thereto. Beginning at the Southeast corner of said Section 16; thence along the East line of the Southeast Quarter of said Section 16 North 00°46'52" East 67.34 feet; thence North 89°13'08" West 30.00 feet to the West right of way line of Weld County Road 19, said point being the TRUE POINT OF BEGINNING, said point being, also, the beginning of a curve to the right, having a central angle of 20°45'20" and a radius of 190.00 feet, the chord of said curve bears South 11°09'32" West 68.45 feet; thence Southwesterly along the arc of said curve 68.83 feet to the end of said curve, said point being on the South line of the Southeast Quarter of said Section 16; thence along said South line South 89°12'13" East 11.31 feet to the Westerly right of way line of existing Weld County Road 19, said point being on a curve to the left, having a central angle of 11°36'24" and a radius of 50.00 feet, the chord of said curve bears North 06°35'04" East 10.11 feet; thence Northeasterly along the arc of said curve 10.13 feet to the end of said curve; thence continuing along the West right of way line of said Road 19 North 00°46'52" East 57.28 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.006 Ac.± (270 SQ. FT.±). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 1, 1995 as a result of a Land Survey of the above described parcel. 2471036 Br1526 P-442 01/09/96 03:57P PG 3 OF 5 952522 EXHIBIT B DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that MARTIN INVESTMENT, INC., of 3037 WCR 19, Fort Lupton, Colorado 80621, 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. '744- ckL MARTIN INVESTMENT, INC. STATE OF COLORADO ) )ss. COUNTY OF WELD „NA-- The foregoing instrument s acknowledged before meLLLthis 8 day of I��+cw Bch , 1995, by } fl as Styr es,s . of Martin Investment, Inc. // Witness my hand and official seal. Notary Public My commission expires: J�') 2471036 B-1526 P-442 01/09/96 03:57P PG 4 OF 5 Uu:'7 S Ji 6 • `• C' 2 :CO: 4- .3)f«' 952522 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: CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO 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. My commission expires: Notary Public WELDCNTY\CNTYAGT.MTN 2471036 B-1526 P-442 01/09/96 03:57P PG 5 OF 5 952522 p3T AGREEMENT CONCERNING IMPROVEMENTS TO COUNTY ROAD #19 BETWEEN RONALD W. HAARE AND MARGIE I. HAARE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 1:( day of ! )rz-4_ ✓ ,1995 by and between Ronald W. Haake and Margie I. Haake., whose address is 5387 WCR 19, Fort Lupton, Colorado 80621, 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 19, which is Weld County Project No. , 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 ONE THOUSAND SEVEN HUNDRED SEVENTY-SIX AND 00/100's DOLLARS ($1,776.00). 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 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. 2471030 B-1526 P-436 01/09/96 03:55P PG 1 OF 6 Weld County CO Clerk & Recorder REC D0C 0.00 952522 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 shall compensate Owner for any damages to Owner's property resulting from the 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: TAX ID# (cif applicable): ti 7 ATTEST: `-'U.SDj( RONALD W. HAAKE <-< ' // / RGIEJ I. HAAKE/ BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO CLERK TO COUNTY C BY: Deputy , it e Board .17 BY: Dale K. Hall , Chairman (12/27/95) 2471030 B-1526 P-436 01/09/96 03:55P PG 2 OF 6 952522 EXHIBIT "A" PG,l Parcel 12 That portion of the Southeast Quarter of Section 4, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Southeast Quarter of Section 4, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 25937 at the East Quarter corner of said Section 4, and by a 3/4" diameter rebar with a 2" diameter aluminum cap, P.L.S. 25937 at the Southeast Quarter of said Section 4, to bear an assumed bearing of North 00°29'00" East with all bearings contained herein relative thereto. Beginning at the East Quarter corner of said Section 4; thence South 15°56'03" West 112.61 feet to the intersection of the West right of way line of existing Weld County Road 19 and the Southerly right of way line of Colorado State Highway 52, said point being the TRUE POINT OF BEGINNING; thence along said Southerly right of way line North 44°17'00" West 28.40 feet; thence parallel with the East line of the Southeast Quarter of said Section 4 South 00°29'00" West 43.41 feet; thence South 05°14'48" East 200.31 feet to said West right of way line; thence along said right of way line North 00°29'00" East 222.56 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.061 Ac.± (2660 SQ. FT.!). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 19, 1995 as a result of a Land Survey of the above described parcel. 2471030 8-1526 P-436 01/09/96 03:55P PG 3 OF 6 952522 EXHIBIT "A" pc.2 Parcel 8 That portion of the Southeast Quarter of Section 4, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Southeast Quarter of Section 4, Township 1 North, Range 67 West of the 6th P.M., as monumented by a 3/4" diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 25937 at the East Quarter corner of said Section 4, and by a 3/4" diameter rebar with a 2" diameter aluminum cap, P.L.S. 25937 at the Southeast Quarter of said Section 4, to bear an assumed bearing of North 00°29'00" East with all bearings contained herein relative thereto. Beginning at the Southeast corner of said Section 4; thence North 02°52'31" West 512.07 feet to the West right of way line of Weld County Road 49, said point being TRUE POINT OF BEGINNING; thence North 89°17'02" West 20.00 feet; thence parallel with the East line of the Southeast Quarter of said Section 4 North 00°29'00" East 350.00 feet; thence South 89°17'02" East 20.00 feet to said West right of way line; thence along said right of way line South 00°29'00" West 350.00 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 0.161Ac.± (7000 SQ. FT.±). The above legal description was prepared by Edward L. Berlier, P.L.S. 10855, dba Land Surveyors of Colorado, 526 24th Street, Greeley, Colorado 80631, on August 19, 1995 as a result of a Land Survey of the above described parcel. 2471030 B-1526 P-436 01/09/96 03:55P PG 4 OF 6 952522 EXHIBIT B DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that RONALD W. HAAKE AND MARGIE I. HAAKE, of 5387 WCR 19, Fort Lupton, Colorado 80621, 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 all11iens.and encumbrances and warrants to title to the same. / /- / Iv? 1, MARGIE I'. HAAKE // RONALD W. HAAKE STATE OF COLORADO )ss. COUNTY OF WELD e foregoing instrument was acknowledged before me this O`�3ay of eAChO%l , 1995, by Ronald W. Haake and Margie I. Haake. .Witness my hand and official seal. PUBOCI oF• c0�°;. My commission expires: onuau2L3 Ka, PPE 2471030 B-1526 P-436 01/09/96 03:55P PG 5 OF 6 952522 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: CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO 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: 2471030 B-1526 P-436 01/09/96 03:55P PG 6 OF 6 WELDCNTY\CNTYAGT.HAA 952522 WESTERN STATES Land Services, Inc. December 7, 1995 Drew Scheltinga, County Engineer Weld County Public Works Department 933 N. 11th Avenue P. O. Box 758 Greeley, Colorado 80632-0758 Acquisition and Permitting Specialists 4021 Lissa Drive Loveland, Colorado 80537 (970) 667-7602 • Metro (303) 938-1414 Fax (970) 667-7603 RE: Weld County Road #19 and #8 Improvement Weld County Road #7 Improvement Project Drew: Project Hope things are going well. Enclosed you will find original Agreement documents, fully signed and witnessed, on behalf of the respective landowners, for the above referenced Projects. Included for the Weld County Road #19 Project are Agreements for the following: 1) Martin Investment, Inc.,/ 2) Helen E. Johnson 3) Roy N. Enter 4) Arlan K. Marrs_ 5) Edgar G. Aden, 6) Jerry A. and Beverly 7) Ronald W. and Margie A. Lambrecht I. Haake For the Weld County Road #7 Project, you will find an Agreement for the following: 1) Esther Swink Drew, upon your receipt of the enclosed Agreements, please obtain approval and signatures from the appropriate individuals on behalf of the Board of County Commissioners of Weld County. Once you have obtained the appropriate acknowledgements, please forward a copy of each of the enclosed Agreements to Western States Land Services, Inc. so that I may forward same on to the respective landowners for their files. I have forwarded copies of all the enclosed Agreements to Trudy Meis, at Weld County Title Company, in order to proceed with closing procedures and obtaining clear title for the County. In the near future, I should be receiving correspondence from Trudy 952522 Drew Scheltinga December 7, 1995 Page 2 that I will forward to your office in order to obtain payment checks for the closing of the respective parcels. Please call, should you have any further questions. Sincerely, WESTERN STATES LAND SERVICES, INC. Mike D. Noonan Consulting Acquisitions Agent MDN/sj Enclosures weldcnty\c402\schelt.1t2 952522 Hello