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Home My WebLink About961199.tiff RESOLUTION RE: APPROVE ACCEPTANCE OF DEDICATION OF PROPERTY TO REALIGN WELD COUNTY ROAD 27.5 WITH MARY ANN FEUERSTEIN AND KENNETH HOMYAK 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 Acceptance of Dedication of Property to Realign Weld County Road 27.5 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Public Works Department, and Mary Ann Feuerstein and Kenneth Homyak, with terms and conditions being as stated in said acceptance, and WHEREAS, after review, the Board deems it advisable to approve said acceptance, 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 Acceptance of Dedication of Property to Realign Weld County Road 27.5 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Public Works Department, and Mary Ann Feuerstein and Kenneth Homyak be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said acceptance. 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 .11E LU,O&% WEJ,D COUNTY, COLORA �on� ! 6I 4p� Barbara J. Kirkmey C., Chair :,C• e7a`yty Clerk to the Board7.1 • � - . . � (_ Lief . Baxter, P - — Deputy Cle l to the Board Dale K. Hall APP D AS TO FOR 1� ire-e Constance L. Harbert odity Attorney W. H. We ster ` �Gd �i�/ier c4 rn j�air2yaK CA 961199 EG0035 / 53 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Mary Ann Feuerstein and Kenneth Homyak, 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 1 . liensariericuirbralacesand warrants to title to the same . ENNETH HOMYAK RY FEUERSTEIN STATE OF COLORADO ) ) ss. COUNTY OF "'WELD ) A'Jrip.,itni. instrument was acknowledged before me this ar'day of i 1996, by Mary Ann Feuerstein. i~7'•ice negS5my hand and official seal . Op C0"0 "- 72)410.4.-CL v1--Gt2�GLL!L Notar Public My commission expires : MY COMMISSION EXPIRES OCT.22, 1998 STATE OF COLORADO ) ) ss. COUNTYOF WELD ) ' The foreg©}ng instrument was acknowledged before me this ,)grAday of . , 1996, by Kenneth Homyak. I 'tJhe' my hand and official seal . t• : , �Y Public My commission expires : MY COMMISSION EXPIRES OCT. 22, 1998 2502153 B-1557 P-675 07/22/96 O4:O4P PG 1 OF 4 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 961199 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 /5> day of , 1996 . ATT T: COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE / STATE OF COLORADO CLERK TO THE: ARD BY• ZiA,Q_ !✓. • uty Cler to t and Barba a J. Kirkmeyer , hair Board of County Commissioners of the County of Weld STATE OF COLORADO ) ) ss. COUNTY OF WELD ) /gJ.The foregoing instrument was acknowledged before me this — d a o f 1 9 9 6 , b 7LPn4. Miami/4.0 — — Y of the Co ty of We�ld� J ai Board of County Commissioners _ .. Witness my hand and official seal . n[IY ?: 1 Not_W j. ". _ tea . ,,©}, My commission expires : � p MY C0MMISSI0NEXPIRES hebF CO‘..�s JANUARY 10, 1999 WE CNTY\CNTYAGT. FEU 2502153 B-1557 P-675 07/22/96 04:04P PG 2 OF 4 961199 AGREEMENT CONCERNING PAYMENTS UNDER THE TERMS OF THE AGREEMENT BETWEEN MARY ANN FEUERSTEIN AND KENNETH HOMYAK, Owner (s) , AND WELD COUNTY, COLORADO, DATED 5/1 w , 1996. Under the terms of the above referenced Agreement, it is the obligation of Owner (s) 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 (s) , 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 (s) , the County provides the following choices to Owner (s) 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 company shall deliver fully executed partial releases of any applicable Deeds of Trust, liens, or encumbrances . Payment by County to Owner (s) under the terms of the above eferenced Agreement shall be prompt with the obligation of the Owner (s) 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 yy promptly pay same to the appropriate lien holder.5etta. WITNES/ MARm NaN/EU RE STEIN KE N TH HOMYAK / CD6) ENCUMBRANCE INFORMATION NAME OF LENDER ACCT # . ADDRESS & PHONE # /(/p n WELDCNTY\C40#4\FEU. PMN 2502153 B-1557 P-675 07/22/96 04:04P PG 3 OF 4 961199 EXHIBIT "A" PG.1 PROPERTY DESCRIPTION A triangular shaped parcel of land being part of the Northeast Quarter(NE 1/4) of Section Twenty-nine (29), 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 point of intersection of the Southerly Right-Of-Way (ROW) line of Weld County Road (WCR) #54 being a line Thirty feet (30') Southerly of as measured at right angles to the North line of said NE1/4 and the Easterly ROW line of WCR #27.5 being a line Thirty feet (30') Easterly of as measured at right angles to the West line of said NE1/4; #1: THENCE Easterly along the Southerly ROW line of said WCR #54 a distance of 20.00 feet; #2: THENCE Southwesterly 28.3 feet more or less, to a point on the Easterly ROW line of said WCR #27.5 at a point 20.00 feet Southerly of the Point of Beginning; #3: THENCE Northerly along the Easterly ROW line of said WCR #27.5 a distance of 20.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 200 Square Feet, more or less (±). SURVEYOR'S CERTIFI ATF 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. • •, Fit t Charles B. Jones r/ r • i cri 220 ' :/ • 2 � ( • • Colorado Registered Profess? I - Land Surveyor #22098 "� ''1'4L LAND KING SURVEYORS, INC. 1200 West Ash Street, Suite C Windsor, Colorado 80550 (970) 686-5011 Project Number: 94113 2502153 B-1557 P-675 07/22/96 04:04P PG 4 OF 4 961199 - n tit' mEmoRAn� m z , .1 � u WII'Dc Clerk to the Board July 9, 1996 To U COLORADO From Drew Scheltinga, County Engineer Right-of-Way To Be Acquired for the Subject: Realignment of WCR 27.5 Please place the following item on the Boards next agenda: Acceptance of dedication of property to realign WCR 27.5 A signature is needed on the Acceptance only. After the Chair has signed the document, 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. agenda3 961199 Hello