HomeMy WebLinkAbout980208.tiff RESOLUTION
RE: APPROVE AGREEMENT, ACCEPTANCE, AND QUIT CLAIM DEED ON WELD
COUNTY ROAD 10.5 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, Acceptance, and Quit
Claim Deed between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and
Ronald W. and Mary Ann Hocker, with terms and conditions being as stated in said agreement,
acceptance, and quit claim deed, and
WHEREAS, after review, the Board deems it advisable to approve said agreement,
acceptance, and quit claim deed, 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 Agreement, Acceptance, and Quit Claim Deed between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Public Works, and Ronald W. and Mary Ann
Rocker be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement, acceptance, and quit claim deed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of February, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: n5U
•r,jr Constance L. Har rt, Chair
Weld Cou yg: Ect .<rd' —4--/
lc . W. ji
ebster, ro-Tem
BY: i
Deputy
George . Baxter
APPRO AS TO FORM: EXCUSED
Dale K. Hall
my o ey hJa _i4... /7t���C/s
Barbara J. Kirkmeyer �/
de : w• flre:ter 980208
EG0037
e (frt MEMORANDUM
wiikTO: Clerk to the Board DATE: January 29, 1998
FROM: Don Somer, Utility Agent
SUBJECT: Agreement and Quit Claim Deed on WCR 10.5
Please place the following item on the Board's next agenda:
Agreement and Quit Claim Deed on WCR 10.5 between Weld County and Ronald and
Mary Ann Hocker
The appropriate documentation is attached.
cc: Drew Scheltinga, County Engineer
WCR 10.5
m:wpfiles\engineer\agendal
MCP
AGREEMENT
CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS ALONG WELD
COUNTY ROAD (WCR) 10.5 FROM WCR 1 TO WCR 3, BETWEEN RONALD W. AND MARY ANN
HOCKER AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this SO day of , 1997 by and between Ronald W. And
Mary Ann Rocker, owners in Joint Tenancy, whose address is 4150 WCR 1, Erie, Colorado 80516 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 the intersection of WCR 10.5 from WCR 1
to WCR 3, which is Weld County Project No. "15-17 , and
WHEREAS, Owners own the property described in the attached Exhibit"A", and
WHEREAS,County needs the additional right-of-way in order to complete said rebuilding and improvement
project, and
WHEREAS, Owners wish to cooperate with County in said road improvement and to donate to County free
of charge, except title insurance which may be ordered by County and any necessary recording fees, the additional
right-of-way described in the attached Exhibit "A".
NOW, THEREFORE, the parties herein agree as follows:
1. Owners agree to transfer ownership to County and County agrees to accept from owner the right-of-
way shown and/or described on Exhibit"A", attached hereto and hereinafter referred to herein as the
"Property" for the sum of $0.00 (Zero Dollars). The estimated value of the Property is ($3,535
Dollars and No/100 Cents).
2. Owners agree to grant the Property to County by Quit Claim Deed, 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 from 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.
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AGREEMENT BETWEEN RONALD W. AND MARY ANN HOCKER
AND WELD COUNTY, COLORADO
Page 2
5. 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 Property for the purpose of
constructing, widening, and improvement of a portion of WCR 10.5 from WCR 1 to WCR 3.
6. Owner warrants that he/she is the owner of the Property and will defend title thereto against all
claims.
7. General taxes for the year 1997 for the Property 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. Other:
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:
`y(Ronald W. Hocker, O near`1^inn Joint Tenancy
v V Ul �aSYrM ���-�'JIiR SL/`
Mary AnrI-Rocker, Owner in Joint Tenancy
�O
ATTEST: .� � C_ :� �� BOARD OF COUNTY COMMISSIONERS OF WELD
v COUNTY, STATE OF COLORADO
CLERKTP. ;'
COUNTYBY:
ISta
�Q •�� `
Deputy Cle 7lt!11� . Constance L. Harbert, Chair (02/04/98)
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EXHIBIT "A" PAGE 1
EHRHART GRIFFIN & ASSOCIATES
LAND SURVEYING•CADD DRAFTING
September 5, 1997
PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE S89°15'27"E ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A
DISTANCE OF 63.41 FEET; THENCE S00°44'33"W A DISTANCE OF 30.00 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 10 '/z,
SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE S89°15'27"E
ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 1193.60 FEET TO THE
NORTHWEST CORNER OF NORTHRIDGE FILING NO. 2 SUBDIVISION FILED IN THE
OFFICE OF THE WELD COUNTY CLERK AND RECORDER IN BOOK 1538 AS
RECEPTION NO. 2481710; THENCE S00°29'51"E ALONG THE WEST LINE OF SAID
SUBDIVISION A DISTANCE OF 30.00 FEET; THENCE N87°49'09"W A DISTANCE OF
1194.62 FEET TO THE TRUE POINT OF BEGINNING:
CONTAINING 17,904 SQUARE FEET OR 0.411 ACRE, MORE OR LESS.
BASIS OF BEARINGS
S89°15'27"E, 2492.47' (ASSUMED) ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER OF SECTION 7, TIN, R68W OF THE 6TH P.M., BEING MONUMENTED AS
SHOWN ON ATTACHED E
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hn P. Ehrhart P. p. 29414 #
President •''• _Ing*SEE ATTACHED EXHIBIT
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EHRHART GRIFFIN&ASSOCIATES•P.O.Box 930.575 Pierce Street•Erie,Colorado 80516.303-828-3340.303-828-3418 fax
ros
EXHIBIT "A", PAGE 2
EXHIBIT
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SCALE 1" = 200' FILING NO. 2
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FOUND RE-POSITIONED 2" ALUM. CAP
PER MONUMENT RECORD BY LS 22579 POINT OF BEGINNING
DATED 4/14/95 WELD COUNTY ROAD 1
NOTE: THIS EXHIBIT DOES NOT OWNER: ROCKER, RONALD W. & MARY ANN
REPRESENT A MONUMENTED SURVEY. 4150 WELD CO RD 1
IT IS INTENDED ONLY TO DEPICT THE ERIE, COLORADO 80516
ATTACHED DESCRIPTION.
PARCEL CONTAINS 17,904 SQ.FT. OR 0.411 ACRE, MORE OR LESS.
WELD COUNTY, COLORADO
A PARCEL OF LAND LOCATED IN THE SW 1/4
DRAWN BY: SCALE: R.O.W. FILE NO. OF SEC. 7, T1N, R68W OF THE 6TH P.M.,
JPE 1" = 200' COUNTY OF WELD, STATE OF COLORADO
CHECKED BY: DATE: JOB NO.
JPE 9/5/97 965060 HBO 11111 11111 IIII IIIII IIII 111111II III 11111 IIII IIII
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W7
QUIT CLAIM DEED
THIS DEED is made this h0 day of 7.7ex, , 1997, between RONALD W. AND
MARY ANN HOCKER, owners in joint tenancy, whose address is 4150 Weld County Road 1, Erie,
Colorado, 80516, of the first part, and the COUNTY OF WELD, STATE OF COLORADO, BY
AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD
AND STATE OF COLORADO, whose address is P.O. Box 758, 915 Tenth Street, Greeley,
Colorado 80632, of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of good and
valuable consideration,to the said party of the first part,the receipt whereof is hereby confessed and
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents
does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said party
of the first part has in and to the following described lots or parcels of land situate, lying and being
in the County of Weld and State of Colorado, to wit:
Those parcels listed on the attached Exhibit "A"
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only
proper use, benefit and behoof of the said party of the second part, heirs and assigns forever.
IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal
the day and year first above written.
ATTEST: OWNERS:
RONALD W. HOCKER, Owner in Joint
Tenancy
MAR ANA HOCKER, Owner in Joint
Tenancy
STATE OF COLORADO)
) ss.
COUNTY OF WELD )
111111111111111111 IIII 1111110111111111 III 11111 IIII dill
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The foregoing instrument was acknowledged before me this 2 ey day of ®rc em bc/
1997, by RONALD W. AND MARY ANN ROCKER, owners in joint tenancy.
Witness my hand and official seal the .2 ? day of Pecr,,,6 ri ,A.D.,1997.
o
•
otary Public {c /10 1
My commission expires: 0 9._,)R— ,?_000
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1 111111 1111 11111 IIII 11111 IIII 11111111 III 11111 It IIII
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EXHIBIT "A" PAGE 1
EHRHART GRIFFIN & ASSOCIATES
LAND SURVEYING •CADD DRAFTING
September 5, 1997
PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6'H PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE S89°15'27"E ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A
DISTANCE OF 63.41 FEET; THENCE SOO°44'33"W A DISTANCE OF 30.00 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 10 t/,
SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE S89°15'27"E
ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 1193.60 FEET TO THE
NORTHWEST CORNER OF NORTHRIDGE FILING NO. 2 SUBDIVISION FILED IN THE
OFFICE OF THE WELD COUNTY CLERK AND RECORDER IN BOOK 1538 AS
RECEPTION NO. 2481710; THENCE S00°29'51"E ALONG THE WEST LINE OF SAID
SUBDIVISION A DISTANCE OF 30.00 FEET; THENCE N87°49'09"W A DISTANCE OF
1194.62 FEET TO THE TRUE POINT OF BEGINNING:
CONTAINING 17,904 SQUARE FEET OR 0.411 ACRE, MORE OR LESS.
BASIS OF BEARINGS
S89°15'27"E, 2492.47' (ASSUMED)ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER OF SECTION 7, T1N, R68W OF THE 6TH P.M., BEING MONUMENTED AS
SHOWN ON ATTACHED E
o REq✓
' /// P ••s .sTb
•
hn P. Ehrhart P. p. 29414 i1'
President
*SEE ATTACHED EXHIBIT
IIII "III IIIIII IIII IIIII IIII 11111"1 III IIIII IIII IIII
2595007 02/19/1998 11:438 Weld County CO
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EHRHART GRIFFIN St ASSOCIATES•P.O.Box 930.575 Pierce Street•Erie,Colorado 80516.303-828-3340.303-828-3418 fax
EXHIBIT "A", PAGE 2.
EXHIBIT
CENTER OF
N SECTION 7, TIN, R68W
0 FOUND 2" ALUM. CAP
R LS 14070
ic
NORTHRIDGE
SCALE 1• = 200' FILING NO. 2
SO0'29'51"E
f 30.00'
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POINT OF COMMENCEMENT
1 30.00'
WEST 1/4 CORNER
SECTION 7, T1N, R68W
FOUND RE-POSII1ONED 2" ALUM. CAP
PER MONUMENT RECORD BY LS 22579 POINT OF BEGINNING
DATED 4/14/95
WELD COUNTY ROAD 1
NOTE: THIS EXHIBIT DOES NOT OWNER: HOOKER, RONALD W. & MARY ANN
REPRESENT A MONUMENTED SURVEY. 4150 WELD CO RD 1
IT IS INTENDED ONLY TO DEPICT THE ERIE, COLORADO 80516
ATTACHED DESCRIPTION.
PARCEL CONTAINS 17,904 SO.FT. OR 0.411 ACRE, MORE OR LESS.
WELD COUNTY, COLORADO
A PARCEL OF LAND LOCATED IN THE SW 1/4
DRAWN BY: SCALE: R.O.W. FILE NO. OF SEC. 7, T1N, R68W OF THE 6TH P.M.,
JPE 1" - 200' COUNTY OF WELD, STATE OF COLORADO
CHECKED BY: DATE: JOB NO.
JPE 9/5/97 965060 11111111111 111111 liii 11111111111111111 III 11111 IIII III
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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 SO day of ,iely,,,i - , 19 78.
ATTEST: ►y% �� 44R
COUNTY OF WELD, A BODY
CORPO' ' � � OF AND POLITIC OF THE STATE OF
COUNT J i 3. COLORADO
THE CO =•r`� =t
` A�
BY: . �i hJ , i�., t_ BY:( � /hilt-1a/
tlS�1•:> Constance L. Harbert, Chair (02/(=4/9C)
Deputy '� • ,�a'� .ard
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
L / IThe foregoing instrument was acknowledged before me this V day of
t.P,U�,U , 199,?', by Constance L. Harbert, ChairBOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal. LW/it
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KIMBERLEEM Not ry Public
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