HomeMy WebLinkAbout952523.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 7
WITH ESTHER SWINK AND AUTHORIZE CHAIRMAN 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 7 between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and Esther Swink, 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 7 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Esther Swink be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 27th day of December, A.D., 1995.
ATTJ=
Weld Cqurity Clerk to the Board
Lika
'Deputy Clerk the Board
952523
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BOARD OF COUNTY COMMISSIONERS
WF.LQ COUNTY, CQLORADO
Dale K. Ha11 Chairman
7
�.�LLAS I_ 1/47 / 24
/ Barbara).Kirkmeyer, PryTem c
eorge E..Baxter
FXrI ISFn
Constance L. Harbert
EG0034
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AGREEMENT
CONCERNING IMPROVEMENTS TO COUNTY ROAD #7 BETWEEN ESTHER SWINK
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this aaek
ll day of `,1995 by
and between Esther Swink, whose address is 2510 W st 144th Avenue,
Broomfield, Colorado, 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 7, which is Weld County Project No.95020, 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 ONE THOUSAND SEVEN HUNDRED
EIGHTY-FIVE and 00/100's DOLLARS ($1,785.00).
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.
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Weld County CO Clerk & Recorder 0.00
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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 19.
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 1995 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 compensate Owner for any loss or damage
to existing crops currently located on Owner's property
that is caused as a direct result of the road
construction contemplated 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:
ATTEST:
TAX ID# (if applicable):
ES SWI� r
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO
CLERK TO THE F OA443 AF
COUNTY comFIlseloNlt2S
BY: BY:
D'epy}kK' the Board
ass?
C -
Dale K. Hall , Chairman
(12/27/95)
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EXHIBIT "A"
pROPERTY DESCRIPTION
A parcel of land being part of the Northeast Quarter (NE1/4) of Section Twenty-one (21),
Township One North (T.1N.), Range Sixty-eight West (R.68W.) of the Sixth Principal
Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly
described as follows:
BEGINNING at the Section Corner common to Sections 15/16/21/22-T.IN: R.68W. and
assuming the East line of said NE1/4 to bear South 00'01'01"East with all other bearings
contained herein relative thereto:
#1: THENCE South 00°01'01' East along the East line of said NE1/4 a distance of
788.74 fret;
#2: THENCE South 89°58'59"Wert a distance of 30.00 feet to a point on the existing
Westerly Right -Of -Way (ROW) line of Weld County Road (WCR) #10. Said point
being the TRUE POINT OF BEGINNING:
#3: THENCE South 00°01'01"East along said existing Westerly ROW line a distance of
606.93 feet;
#4: THENCE North 08°00'44"West a distance of 318.51 feet;
#5: THENCE North 00°00'00" West a distance of 94.55 feet:
#6: THENCE North 12°39'05" East a distance of 201.88 fat to the TRUE POINT OF
BEGINNING.
Said described parcel of land contains 15,534 Square Peet more or less (*) (0.357 Acres).
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 that it is true and
correct to the best of my knowledge, Information, belief, and in my professional opinion.
Charles B. Jones
Colorado Registered Professlo
Land Surveyor #22098
(970) 686-5011
Project Number: 95020
KING SURVEYOR'S INC.
1200 W. Ash Street, Suite C
Windsor, Colorado 80550
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EXHIBIT B
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that ESTHER SWINK, of 2510
West 144th Avenue, Broomfield, Colorado, 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.
STATE OF COLORADO
)ss.
COUNTY OF WELD
Th foregoing instrument was acknowledged before me this day of
, 1995, by Esther Swink
Witness my hand and official seal.
Notary Public
My commission expires:
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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 a public highway
pursuant to Colorado Revised Statute 43-2-201(1)(a).
-Dated this day of , 7995.
ATTEST:
CLERK TO THE BOARD
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
-BY: BY:
Deputy Clerk to the Board
STATE OF COLORADO
)ss.
COUNTY OF WELD
,Chairman, Board
of County Commissioners of
the County of Weld
The foregoing instrument was acknowledged before me this
day of , 1995, by
Chairman, Board of County
Commissioners of the County of Weld.
Witness my hand and official seal.
Notary Public
My commission expires:
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WELDCNTY\CNTYAGT.SWK
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EXHIBIT "A"
pROPERTY Dalai
A parcel of land being part of the Northeast Quarter (NE1/4) of Section Twenty-one (21),
Township One North (T.1N.), Range Sixty-eight West (11.68W.) of the Sixth Principal
Meridian (6th P.id.), County of Weld, State of Colorado and being more particularly
described as follows:
BEGINNING at the Section Corner common to Sections 15/16/21/22-T.IN: R.68W. and
assuming the East line of said NE1/4 to beer South 00'01'0I'East with all other bearings
contained herein relative thereto:
II: THENCE South 00°01'01" East along the East line of said NE1/4 a distance of
788.74 feet;
#2: THENCE South 89°58'59" West a distance of 30.00 feet to a point on the existing
Westerly Right -Of -Way (ROW) line 07 Weld County Road (WCR) #10. Said point
being the TRUE POINT OF BEGINNING:
#3: THENCE South 00°01'01"East along said existing Westerly ROW line a distance of
606.93 feet;
#4: -THENCE North 08°00'44"West a distance of 318.51 feet;
45: THENCE North 00°00'00" West a distance of 9435 feet;
#6: THENCE North 12°39'05"East a distance of 201.88 feet to the TRUE POINT OF
BEGINNING.
Said described parcel of land contains 15,534Square Ted more or less (t) (0.357 Acres).
fVEYOR'S CFRTIFICA I
I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that
this Property Description was prepared under my personal supervision and that it is true and
correct to the best of my knowledge, information, belief, and in my professional opinion.
adgi
Charles B. Jones
Colorado Registered Profesaio
Land Surveyor #22098
KING SURVEYOR'S INC.
1200 W. Ash Street, Suite C
Windsor, Colorado 80550
(970) 686-5011
Project Number: 95020
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952523
WESTERN STATES
Land Services, I
n
December 7, 1995
c.
Drew Scheltinga, County Engineer
Weld County
Public Works Department
933 N. 11th Avenue
P. O. Box 758
Greeley, Colorado 80632-0758
Acquisition and Permitting Specialists
4021 Lissa Drive
Loveland, Colorado 80537
(970) 667-7602 • Metro (303) 938-1414
Fax (970) 667-7603
RE: Weld County Road #19 and #8 Improvement Project
Weld County Road #7 Improvement -Project
Drew:
Hope things are going well.
inclosed you will find original Agreement documents, fully signed
and witnessed, on behalf of the respective landowners, for the
above referenced Projects. Included for the Weld County Road #19
Project are Agreements for the following:
1) Martin Investment,
2) Helen E. Johnson.
3) Roy N. Enter
4) Arlan K. Marrs
5) Edgar G. Aden
6) Jerry A. and Beverly
7) Ronald W. and Margie
For the Weld County Road #7
the following:
1) Esther Swink V
Inc. ✓
A. Lambrecht
I. Haake
Project, you will find an Agreement for
Drew, upon your receipt of the enclosed Agreements, please obtain
approval and signatures from the appropriate individuals on behalf
of the Board of County Commissioners of Weld County. Once you have
obtained the appropriate acknowledgements, please forward a copy of
-each of the enclosed Agreements to Western States Land Services,
Inc. so that I may forward same on to the respective landowners for
their files.
I have forwarded copies -of all the enclosed Agreements to Trudy
Meis, at Weld County Title Company, in order to proceed with
closing procedures and obtaining clear title for the County. an
the near future, I should be receiving correspondence from Trudy
352523
Drew Scheltinga
December 7, 1995
Page 2
that I will forward to your office in order to obtain payment
checks for the closing of the respective parcels.
Please call, should you have any further questions
Sincerely,
WESTERN STATES LAND SERVICES, INC.
Mike D. Noonan
Consulting Acquisitions Agent
MDN/sj
Enclosures
weldcnty\c402\schelt.1t2
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