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Home My WebLink About960736 RESOLUTION RE: APPROVE AGREEMENT CONCERNING IMPROVEMENTS TO 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 Agreement Concerning Improvements to 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 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 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 agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /(��r,, GrGr / Barbara J. Kirkmeyer, Chair ' ' 0 . C.II t Clerk to the Board c'tO�� G E. Baxter, P -T o,wik_.�11 Lc�Q t 1 Deputy Clerk * the Board Dale K. Hall APP D AS TO FO Constance L. Harbert ou ty Attorne W. H. ester 960736 Pit t; teccets/ant j fh ,,,2 K EO0035 AGREEMENT CONCERNING IMPROVEMENTS TO COUNTY ROAD #27 1/2 BETWEEN MARY ANN FEUERSTEIN AND KENNETH HOMYAK AND WELD COUNTY, COLORADO ria- A THIS AGREEMENT is made this 7> day of A ri / , 1996 by and between Mary Ann Feuerstein and Kenneth Homya , whose address is 2409 8th Street, Greeley, Colorado 80631, 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 27 1/2 , which is Weld County Project No . 9141, 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. 960736 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 27 1/2 . 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 1996 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 relocate and construct the drainage and irrigation ditch along the north property line of Owner, just south of County Road 54 . County also agrees to properly clean the existing drainage culvert running under County Road 54 from the drainage ditch referenced 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# (if applicable) : / zvtit1 � by _ 1/ • K NNETH HOMYAK MAR FEUERSTEIN S ATTEST: 960736 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO 4 E IL fit: : Aid/�� BOARD OF COUNTY COMMISSIONERS . WELD COUNTY, COLORADO 1861 cl� �� ty Clerk to the Board CO W=U1 �'� . k ! Y 1 iLlLoiv By: %/' j_77/11_, f� ./` '.. Deputy CI l to the Board Barbara J. Kirkmeyer, Chair 0¢ 9, 960736 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 a day of Qpy-u J 19q�p . Iva 1E I,1 ` 1� AduaBOARD OF COUNTY COMMISSIONERS isct 4`\��' h �� WELD COUNTY, COLORADO j S el.* . ty Clerk to the Board N1/4......v N A _ ;' / _ .,;,y�� ' , h_ t . ! BYtV/„.„._ ,,,, 74„,,,,, Deputy C 4 k to the Board Barbara J. Kirkmeyer, Chair /' STATE OF COLORADO ) ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 24th day of April , 19 96, by Barbara J. Kirkmeyer , Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. ah bli My Commission expires: accept wh 960736 EXHIBIT "A" PG,l PROPERTY DESCRIPTION A triangular shaped parcel of land being part of the Northeast Quarter (NE1/4) 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 CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. S F 1�l• •' 'EG�SI t Q Charles B. Jones t ,' �•: . /7 ( ? 24 Colorado Registered Profest?t�i. • � /V/ Land Surveyor #22098 ;N\` L N!� KING SURVEYORS, INC. 1200 West Ash Street, Suite C Windsor, Colorado 80550 (970) 686-5011 Project Number: 94113 960736 EXHIBIT B 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 all liens and encumbrances and warrants to title to the same .J K NNETH HOMYAK MARY ANN FEUERSTEIN STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1996, by Mary Ann Feuerstein and Kenneth Homyak. Witness my hand and official seal . Notary Public My commission expires : 960736 Hello