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Home My WebLink About981219.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY ROAD 27, AKA 83RD AVENUE 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 Right-of-way for Certain Improvements to Weld County Road 27, aka 83rd Avenue, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County and Allan C. Thompson, owner of an undivided 1/2 interest; Bert Johnson, owner of an undivided % interest; and Lyle Johnson, owner of an undivided '/4 interest, 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 Right-of-way for Certain Improvements to Weld County Road 27, aka 83rd Avenue, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County and Allan C. Thompson, owner of an undivided 1/2 interest; Bert Johnson, owner of an undivided '/4 interest; and Lyle Johnson, owner of an undivided % interest, 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 13th day of July, A.D., 1998. BOARD OF COUNTY COMMISSIONERS 17 ,,,/b 1 4 WELD COUNTY, COLORADO 1, C,, EXCUSED s y � Constance L. Harbert, Chair el` County Clerk t he Board ,FTN, W. e/lp ter rci Te BY: Depu lerk to the Board Georg E. Baxter AP V AS FORM: Dale IC all unty orn EXCUSED Barbara J. Kirkmeyer 981219 7orhps -i J 4o. JoA1s0.1 L. STA1 Sv.-7 EG0037 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 27 (83rd Avenue) THIS AGREEMENT is made this (6 day of 1998,by and between Allan C. Thompson,owner of an undivided 1/2 interest;Bert Johnson,owner of an undivided 1/4 interest; and Lyle Johnson, owner of an undivided 1/4 interest, as tenants in common whose address is 600 De Mers Boulevard, Grand Forks, North Dakota 58201, hereinafter referred to collectively 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 (WCR) 27 (83rd Avenue), which is Weld County Project No. 3919, and WHEREAS, Owners own 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, Owners wish to cooperate with County in said project. 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 as the "Right- of-Way," for the sum of seven hundred sixty dollars ($760.00). 2. Owners agree to grant the Right-of-Way to County by Deed of Dedication. 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 to Purchase Right-of-Way on WCR 27 (83rd Avenue) is between Allan C. Thompson,Bert Johnson,Lyle Johnson,and Weld County,and is not intended for the benefit of any other third party. 5. 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. I11111111111111111111111111111111111111 III 11111 liii I I I I 981219 2627782 07/23/1998 09:09A Weld County CO s Doi 7 1 of 3 R 0.00 D 0.00 JA Suki Tsukamoto Page 2 6. 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 Right-of-Way for the purpose of constructing, widening, and improvement of a portion of said Weld County Road 27 (83rd Avenue). 7. General taxes for the year 1998 for the Property shall be apportioned to the date of delivery of the Deed of Dedication based on the most recent levy and the most recent assessment. Owner represents 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. OWNERS: Allan C. T pson ert ,-(p.(/C(/) WSJ E ` Lyle s n (1,1 /t t BOARD OF COUNTY COMMISSIONERS 114. V'v OF WELD COUNTY, STATE OF • COLORADO �PZ� ►' ; OARD OF ��!+�r' -�► •x ,� ISSION 'S BY. �•�•: / • BY: 1 t Protem Deputy Clerk to t e Board Constance L. Harbert, Chair 4 //)/Ig m:wpfiles\dons\Thomp.83 111111111111111111 IIII 11111111111111111 III 11111 IIII m l 2627782 07/23/1998 09:09A Weld County CO / icl 2 of 3 R 0.00 D 0.00 JA Suki Tsukamoto EXHIBIT "A" RIGHT-OF WAY PARCEL NO. 1 U.S. HWY. 34 AND 83RD AVE. DATE: APRIL 13, 1998 PARCEL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SECTION 17, TOWNSHIP 5 NORTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN, IN WELD COUNTY, COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 17; THENCE N09°01'20"E A DISTANCE OF 526.46 FEET (160.465 METERS) TO A POINT ON THE NORTHERLY RIGHT-OF- WAY OF U.S. HIGHWAY 34 AS DESCRIBED IN RECEPTION NO. 1512729 OF THE WELD COUNTY, COLORADO RECORDS, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N28°25'19"W ALONG SAID NORTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 98.94 FEET (30.156 METERS) ; THENCE N56°43'53"W ALONG SAID NORTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 16.44 FEET (5.012 METERS) TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF 83RD AVENUE; THENCE N00°46'14"W ALONG SAID EASTERLY RIGHT-OF-WAY OF 83RD AVENUE, SAID RIGHT-OF-WAY BEING 30.00 FEET (9.144 METERS) EASTERLY OF AND PARALLEL WITH THE WEST LINE OF SAID NW 1/4 SECTION 17, A DISTANCE OF 119.90 FEET (36.545 METERS) ; THENCE DEPARTING FROM SAID EASTERLY RIGHT-OF-WAY OF 83RD AVENUE S30°22 '31"E A DISTANCE OF 20.90 FEET (6.370 METERS) ; THENCE S14°41'30"E A DISTANCE OF 204.58 FEET (62.356 METERS) TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3762 SQUARE FEET (349.5 SQUARE METERS) OR 0.086 ACRE, MORE OR LESS. BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE WEST LINE OF SAID NW 1/4 SECTION 17 BEARING N00°46'14"W. THE SW CORNER OF SAID NW 1/4 SECTION 17 IS A 3-1/2" ALUMINUM CAP, PLS 26298 AND THE NW CORNER OF SAID NW 1/4 SECTION 17 IS A 2-1/2" ALUMINUM CAP IN MONUMENT BOX, . PLS448656. PREPARED BY: a DIANE M. KELLY, PLS...32B9S4Mni 14 INVERNESS DR. E‘ ;144 ;i ENGLEWOOD, CO 8011 y�fe Icif unj omeeo*°. y}\nr P1 s✓'itfj° J4i LA�© c+14q 4 SHEET 1 OF 2 1111111 11111 111111 IIII 1111111111 1111111 III 11111 IIII IIII 2627782 07/23/1998 09:09A Weld County CO 3 of 3 R 0.00 D 0.00 JA Suki Tsukamoto 95/c,, -?h1 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Allan C.Thompson,owner of an undivided 1/2 interest; Bert Johnson, owner of an undivided 1/4 interest; and Lyle Johnson, owner of an undivided 1/4 interest,whose address is 600 De Mers Boulevard,Grand Forks,North Dakota 58201, Grantors, being tenants in common 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. Allan C. Thomps Bert Johnso yl o n STATE OF/ a t-th fiexko-b5L ss. COUNTY OF ) The foregoing in trument was acknowledged before me this ? ` day of , 19 . e by Allan C. Thompson. t; : h my hand and official seal. ‘7. e) (La)) /) 614ed/00 A ; . . Notary Public . 4iitoolAiIRMIOTrhpP -mission expires: COLLEEN K.GRATTON Notary PIA .STATE OF NORTH DAKOTA = My Omission Expires FEB.16,2000 I 111111 11111 111111 111111111111111111111 III 111 I 111111111 2627781 07/23/1998 09:08A Weld County CO 1 of 3 R 0.00 D 0.00 JA Suki Tsukamoto 19F/r,7 DEED OF DEDICATION BETWEEN ALLAN C. THOMPSON, BERT JOHNSON AND LYLE JOHNSON Page 2 STATE OF X0 r cik ) ss: COUNTY OF airl ' ' ) n The foregoing instrument was acknowledged before me this erY y of 1998, by Bert Johnson. BEN ., ` • is,OTA/4.. - ae_PAO / Notary Public pIILAC irk.1\14 mission expires: COLLEEN K.GRATTON PF' ��' Notary Public,STATE OF NORTH DAKOTA My Commission Expires FEB.16,2000 STATE °FA-or-M.)4444. )ss: COUNTY OF /gra:1MA_, ) The foregoing instrument was acknowledged before me this 2 / "-day of I � , 1998, by Lyle Johnson. (id(e.ej j/tZt' l --) /- Notary Public 1 € cqrrlinission expires: COLLEEN K.GRATTON Notary Public,STATE OF NORTH DAKOTA 70\4. My Commission Expires FEB.16,2000 m:\wpfiles\dons\thom.ded i 111111 11111 111111 liii 11111 11111 1111111 III 11111 liii I"I 2627781 07/23/1998 09:08A Weld County CO 2 of 3 R 0.00 D 0.00 JA Suki Tsukamoto q(5/a/, EXHIBIT "A" • RIGHT-OF WAY PARCEL NO. 1 U.S. HWY. 34 AND 83RD AVE. DATE: APRIL 13, 1998 PARCEL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SECTION 17, TOWNSHIP 5 NORTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN, IN WELD COUNTY, COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 17; THENCE N09°01'20"E A DISTANCE OF 526.46 FEET (160.465 METERS) TO A POINT ON THE NORTHERLY RIGHT-OF- WAY OF U.S. HIGHWAY 34 AS DESCRIBED IN RECEPTION NO. 1512729 OF THE WELD COUNTY, COLORADO RECORDS, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N28°25'19"W ALONG SAID NORTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 98.94 FEET (30.156 METERS) ; THENCE N56°43'53"W ALONG SAID NORTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 16.44 FEET (5.012 METERS) TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF 83RD AVENUE; THENCE NOO°46'14"W ALONG SAID EASTERLY RIGHT-OF-WAY OF 83RD AVENUE, SAID RIGHT-OF-WAY BEING 30.00 FEET (9.144 METERS) EASTERLY OF AND PARALLEL WITH THE WEST LINE OF SAID NW 1/4 SECTION 17, A DISTANCE OF 119.90 FEET (36.545 METERS) ; THENCE DEPARTING FROM SAID EASTERLY RIGHT-OF-WAY OF 83RD AVENUE S30°22'31"E A DISTANCE OF 20.90 FEET (6.370 METERS) ; THENCE S14°41'30"E A DISTANCE OF 204.58 FEET (62.356 METERS) TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3762 SQUARE FEET (349.5 SQUARE METERS) OR 0.086 ACRE, MORE OR LESS. BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE WEST LINE OF SAID NW 1/4 SECTION 17 BEARING NOO°46'14"W. THE SW CORNER OF SAID NW 1/4 SECTION 17 IS A 3-1/2" ALUMINUM CAP, PLS 26298 AND THE NW CORNER OF SAID NW 1/4 SECTION 17 IS A 2-1/2" ALUMINUM CAP IN MONUMENT BOX, ...pL$. 2.8656. F��\S y ti h • o ) ^. / PREPARED BY: c . DIANE M. KELLY, PLiS.Q2:9.S 14 INVERNESS DR. E1140;1144 ENGLEWOOD, CO 8011 *./44J'- "'1164.47,. = SHEET 1 OF 2 I I 1111 11111 II'III nIl 11111 11111 1111111 III 11111 IIII HI 2627781 07/23/1998 09:08A Weld County CO 3 of 3 R 0.00 D 0.00 JA Suk i Tsukamoto q?/ 161 2 1/2"ALUMINUM CAP IN MONUMENT • BOX "PLS 28656"/ 1 { 1 NSA GN_ rn,-,' 0 ' 04 ROAD v TRANSIT/ON { AREA \ 1 144 1 h 1 $ _ { k, 2 30 15 0 30 60 k. W 1 "=30' -0----JO' JO' - SP cq- 1,1,E \ r o'. ROVE v cn stti _ b,\' 0. �6• �SS Irj. 1v C.1 V •0 S`�4- CA�CA _ V IS OV T 7- w p C. to NWI/4 NE.1/4 c.5‘ SEC 17 SEC 18 0`1 3 T5N R66W ?5N R66W co 414k). co ;., o o 4eliCtPco cc, tn 00 1 POINT OF WS POINT OF COMMENCEMENT Ni. 3 1/2"ALUM INUM—> BEGINNING CAP "PLS 26298" NORTH LINE SW 1/4 SEC 17 NO9.01'20"E NORTH LINE SE 1/4 SEC 18 526¢6' 160.465M EXISTING ROW LINE N89-07'18'I' PROJECT: EXHIBIT: PARCEL 1 GREF1FY BYPASS lAJ JOB NO: 1410 KELLY SURVEYING ASSOCIATES, INC. 4"`' DATE 04/14/98 14 INVERNESS DRIVE EAST SEC 18 Z\ ;h sw�4 KSA BLDG H SUITE 144 T5N R66w I- ;14: SE 17 PREPARED BY: CAM ENGLEWOOD, COLORADO 80112 3� T5N R66W 2 SHOEET 2 � (3O3)792-5257 FAX (303)790-1829 t 9F/ooh 0 MEMORAN • TO: Clerk to the Board DATE: July 7, 1998 COLORADO FROM: Don Somer, Utility/Right-of-Way Agent SUBJECT: Agenda Item Please place the following item on the Board's next agenda: 83rd Avenue and U.S. 34 Bypass Agreement for Purchase of Right-of-Way The appropriate documentation is attached. m:wpfiles\engineer\agendal Hello