HomeMy WebLinkAbout990106.tiff RESOLUTION
RE: APPROVE AGREEMENT TO PURCHASE PROPERTY FOR THE EXTENSION OF,
AND CERTAIN IMPROVEMENTS TO, TWO RIVERS PARKWAY AND ACCEPT DEED
OF DEDICATION AND AUTHORIZE CHAIR TO SIGN - CARLTON AND PATRICIA
BARNETT
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 to purchase a parcel of
land containing approximately 2.967 acres for the extension of, and certain improvements to,
Two Rivers Parkway and Accept Deed of Dedication between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Public Works Department, and Carlton and Patricia Barnett, 8200 West 28th Street, Greeley,
Colorado 80634, with terms and conditions being as stated in said agreement, and
WHEREAS, said parcel is located in the NW'/ of Section 20, Township 5 North, Range
66 West of the 6th P.M., Weld County, Colorado, 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 to purchase property for the extension of, and
certain improvements to, Two Rivers Parkway and Accept Deed of Dedication between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Public Works Department, and Carlton and Patricia Barnett, be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
C n 990106
�: �6' L , /7 EG0038
RE: AGREEMENT TO PURCHASE PROPERTY FOR THE EXTENSION OF, AND CERTAIN
IMPROVEMENTS TO, TWO RIVERS PARKWAY AND ACCEPT DEED OF DEDICATION
Page 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of January, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CO RA O
M ?. \
ATTEST: L,
V Dale K. Hall, Chair
Weld County Clerk tq ,. , \ - i / t/
3.\/ , arbar J. Kirkmeyer, o hem
Deputy Clerk to the _. E `l• < •
George . Baxter
AP' ` •V D AS ORM: EXCUSED DATE OF SIGNING (AYE)
M. J. Geile
i
un Aior y r - EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad
990106
EG0038
a
tfl
l MEMORANDUM
€.
Wi TO. Carol Harding DATE: January 13, 1999
COLORADO Clerk to the Board
N FROM: Don Somer, Utility/Right-of-Way Agent J V:
.:r
v a w 0 SUBJECT: Deed of Dedication and Agreement for
o „ — U z- Right-of-way on Two Rivers Parkway, Phase III
cx••
Enclosed is an Agreement between Carlton C. Barnett, Patricia J. Barnett and Weld County for
the acquisition of 2.967 acres for right-of-way of Two Rivers Parkway, Phase III, construction.
Please submit these documents to Commissioner Hall, Chair, for his signature, record, and return
a copy of the recorded agreement at your earliest convenience.
m:\engineer\sig.mem
l 79
AGREEMENT
CONCERNING PURCHASE OF PROPERTY FOR THE EXTENSION AND CERTAIN IMPROVEMENTS
OF TWO RIVERS PARKWAY BETWEEN CARLTON C. BARNETT, PATRICIA J. BARNETT AND THE
COUNTY OF WELD, STATE OF COLORADO
THIS AGREEMENT is made this /2--day of 1999, by and between Carlton C. Barnett
and Patricia J.Barnett,as tenants in common,wh address is 00 West 28th Street,Greeley,Colorado 80634,
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 construct improvements for the extension of the Two Rivers
Parkway, which is Weld County Project No. (2'1 , and
WHEREAS, Owners own the real property described in the attached Exhibit "A," and
WHEREAS, County needs to obtain right-of-way over the described real property in order to complete said
construction 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 in the
attached Exhibit"A,"hereinafter referred to as the "Right-of-Way," for the sum of eleven thousand
eight hundred sixty-eight and no/100 dollars ($11,868.00). This sum is calculated as $4,000.00
multiplied by 2.967 acres.
2. Owners agree to grant the Right-of-Way to County by Deed of Dedication by March 15, 1999.
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 is between Owners and the County and is not
intended for the benefit of any other third party.
5. 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.
6. Although the date of the transfer of the Property shall be the date of the delivery of the documents
111111111111 111111 MINI HAI INC III 11111 IIII IIII gel oft
2669679 01/28/1999 08:498 Weld County CO 99O/`)6'
1 of 2 R 0.00 D 0.00 JR Suitt Tsukamoto
of conveyance (Deed of Dedication described in Paragraph 2., above), 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 realignment, constructing, widening, and
improvement of a portion of said Two Rivers Parkway.
7. General taxes for the year 1999 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.
8. The parties agree that the Right-of-Way is being acquired by County in lieu of condemnation.
9. Owners agree to accept and County agrees to pay for damages to the remaining three acres that have
been rendered unsuitable for standard farming practices for the sum of nine thousand and no/100
dollar ($9,000.00). This sum is calculated as $3,000.00 multiplied by 3.0 acres.
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:
6;,/,
Carlton C. Barnett
Patricia J. Barnett / VV
ATTEST: 1 a,, COUNTY OF WELD, a body politic and corporate of the
�, ��, , STATE OF COLORADO
CLERK TO THE BOA' I!J1
COUNTY COMMISSIO�� R
` �� �
BY: - A BY-
Deputy Clerk to the Boar. Dale K. Hall, Chair, Board of County
Commissioners of the County of Weld
(01/18/99)
m:wpl iles\dons\har2riviii.agr
11111111111111111111111HU111111IIIIIIIIIRIISIIII
2669679 01/28/1999 08:49A Weld County CO
2 of 2 R 0.00 D 0.00 JA Sukl Tsukamoto
Page 2 of 2
9qo/U(o
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Carlton C. and Patricia J. Barnett,
whose address is 8200 West 28th Street, Greeley, Colorado 80634, Grantors, being tenants in
common of the property in Weld County, Colorado, which is described in the attached as Exhibit
"A" doe 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.
t1���
Carltop C. Barnett
/ H
Patricia J. Barnett
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this Io9t' day of
Ct , 1999, by Carlton C. Barnett and Patricia J. Barnett.
.'Witness itty hand and official seal.
AD
5� �`' U
Notary Public
My commission expires: TUm.uzu 8tti cO03
m:wpfile\dons\bar2rivi i i.ded
1111111 11111 111111 VIII IIII IMO 111111 III VIII IIII IIII
2669680 01/28/1999 08:50A Weld County CO
1 of 3 R 0.00 D 0.00 JR Suki Tsukamoto 9q0/O&
•
EXHIBIT "A"
PROPERTY DESCRIPTION
Barnett Parcel
A parcel of land being part of the Northwest Quarter(NWI/4) of Section Twenty (20), 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 West Quarter Corner of said Section 20 and assuming the West line of the
Southwest Quarter(SW 1/4) of said Section 20 as bearing South 00°58'53" East a distance of
2645.24 feet with all other bearings contained herein relative thereto:
THENCE North 89°11'11" East along the South line of said NW 1/4 a distance of 30.00 feet to
the Easterly Right-Of-Way (ROW) line of Weld County Road #27 (WCR#27), also being 83rd
Avenue. Said point being the TRUE POINT OF BEGINNING:
THENCE North 00°58'53" West along said Easterly ROW line a distance of 937.23 feet;
THENCE South 14°31'03" East a distance of 379.18 feet to the beginning point of a curve. Said
line being non-tangent to said curve;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 633.02 feet,
whose Radius is 1575.00 feet, whose Delta is 23°01'41", and whose Long Chord bears South
26°01'54" East a distance of 628.77 feet to the South line of said NW 1/4;
THENCE South 89°1 I'll" West along said South line a distance of 354.98 feet to the TRUE
POINT OF BEGINNING.
Said described parcel of land contains 2.967 Acres, more or less (±) and is subject to any rights-
of-way or other easements as granted or reserved by instruments of record or as now existing on
said described parcel of land.
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.
KZ/144 G/sp,
Charles B. Jones /?98
Colorado Registered Professional $ • 6.
j
Land Surveyor #22098 i1;`/pNAI NANO S_
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
Project Number: 97348 (May 11, 1998)
Barnett Parcel
AIM VIII 11111 11111 IIII DIM 111111 III VIII IIII IIII
2669680 01/28/1999 08:508 Weld County CO
2 of 3 R 0.00 D 0.00 JR Suki Taukamoto WO/040
riesivErrpARen EXHIBIT
/ NORTHWEST CORNER
SECTION 20-T5N-R66W t�
41
1/4024
3 0' d
T L 30'
W N—
La
�▪ �n C0= " O
S:
r= W ••••B
Q
I m N= f9
m a - wi GRAPHIC SCALE
01— am (n 4. a
ID— N
. 10. Z
( Inn)
C9• 0 0 I hob. moa
XI CO 0
W CA
In 71=C v 0° NON-TANGENT
m al
A-r p Lit bi A=633.02'
up SI R=1575.00'
"°
3 D=23'01'41"
7
C=S26'O1'54"E
• oC �
Vs, 628.77'
mim
ic
c>.
N89'11'11"E s
30.00' SOUTH LINE OF NORTHWEST 1/4 1
WEST QUARTER CORNER SS9'11'11"W 1\
SECTION 20-T5N-R66W 3548' \v>
WEST
POINT OF BEGINNING N 89'11'11" E
TRUE POINT OF\ \ \84.63' GEQO NER go,
BEGINNING \
y \ \\
D O
Pa ro \ N.
(a N.
U
O La
m N.
w
N.m
\ \
D
A
Z \ •�
N \
N W
WI
WI
N
A
SOUTHWEST CORNER
SECTION 20-T5N-R66W
KING SURVEYORS, INC. PROJECT NO: 97348EXH2
9299 EASTMAN PARK DRIVE DATE: MAY 13, 1998
WINDSOR, CO. 80550 PHONE: (970) 686-5011 CUENT: WELD COUNTY
990/06
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 Public
Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this 1188th day of January , 19 99 .
�dayy oof January,19 99
/ATTEST: , "' / /u e COUNTY OF WELD, A BODY
CORPORATE CLERK TO T AND POLITIC OF THE STATE OF
COUNTY COMMISSIONE O ' , ) COLORADO
THE COUNTY OF WELD - ' E
BY: �1? 1:y.<7 BY.
Deputy Clerk to the Board -7 Dale K. Hall, Chair, (01/18/99)
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 18th day of
January , 19 99,by Dale K. Hall, Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness my hand and official seal.
J o Par a��`',1' ti 271.9?' JEAN D. IP N ry Public
GILLINGHAM
My co°, .� pn expireQ.'
�
, of SOP
My Commission Expires March 26,2002
m:\wpfiles\dons\acceptfor
11111111111111111111111 HUE 111111 III 11111 Iill 1111
2669681 01/28/1999 08:50A Weld County CO
1 of 1 R 0.00 D 0.00 JA Sukt Tsukamoto 9QJo/06
Hello