HomeMy WebLinkAbout961078.tiff RESOLUTION
RE: APPROVE QUIT CLAIM DEED TO TOWN OF ERIE, COLORADO, FOR ANNEXATION
OF WELD COUNTY ROAD 1 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 a Quit Claim Deed to the Town of Erie,
Colorado, for the annexation of a certain portion of Weld County Road 1, from the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, with terms
and conditions being as stated in said deed, and
WHEREAS, after review, the Board deems it advisable to approve said deed, 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 Quit Claim Deed to the Town of Erie, Colorado, for the annexation of
a certain portion of Weld County Road 1, from the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said deed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
a 4eathE`4 7 L{�G G V l/ ! f2, iP/lJ
Barbara J. Kirkmeyer Chair
c;!1ur:t0th;0 , E. Baxter, P -
®� Deputy Cle j o the Board
Da1stanceL. Harb '
e K. Hall
A AS TO • ert
unty Attorney � E7 )_e,IND /I
W. H. Webster
961078
(2c' . ToCui7 o/'Erre LtJesf) PR0013
QUIT CLAIM DEED
Prig
t
THIS DEED, Made this / / :gay of l9icitt 1996, between
THE COUNTY OF WELD, a body corporate and politic
of the State of Colorado
of the County of Weld and State of Colorado, grantor, and
THE TOWN OF ERIE
whose legal address is P. O. Box 98, Erie, Colorado 80516
of the County of Weld and State of Colorado, grantee,
WITNESSETH, That the grantor, for and in consideration of the sum
of One Dollar and other good and valuable consideration the receipt
and sufficiency of which is hereby acknowledged, has remised,
released, sold and Quit Claimed, and by these presents does remise,
release, sell and Quit Claim unto the grantee, its successors and
assigns, forever, all the right, title, interest, claim and demand
including all obligations thereto which the grantor has in and to
the following described roads and rights-of-way, together with any
and all additional rights the grantor has by way of possession, use
and/or maintenance, and together with improvements, if any, which
grantee hereby accepts, lying and being in the County of Weld and
State of Colorado, being described as follows:
Weld County Road No. 1
Township 1 North. Ranae 68 West, of the 616 P.M.
Section 7: westerly thirty (30' ) feet of the SW1/4NW1/4,
westerly thirty (30' ) feet of the SW1/4
Section 18: westerly thirty (30' ) feet
Section 19: westerly thirty (30' ) feet
Section 30: westerly thirty (30' ) feet
Section 31: westerly thirty (30' ) feet of the NW1/4
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 grantor, either in law or equity, to
the only proper use, benefit and behoof of the grantee its
successors and assigns forever.
IN WITNESS WHEREOF, The grantor and grantee have executed this deed
on the date set forth above.
THE COUNTY OF WELD, a body
corporate and politic of the
State of Colorado, by and
through its Board of County
n� Commissioners
.., .. 1111:41,0b*, By -'1116 fd tc/ -cytitAzy-lAa
1861 '
date Barbara J. h r Byer, hair
eLD UNTY CLERK TO THE BOARD
` DY N E�pp-�tt11IQQG D at^ ACCEPTED: THE TOWN OF ERIE
KRESTs;E T&'Et1Aki6r6V'A&#ARD
COLiw,:SSIUi7ER SIGNATURES 0i4LY
Attest: By:
Victor F. Smith, Mayor
961078
J r
STATE OF. COLORADO }
SS.
{ COUNTY OF WELD }
tr' The foregoing instrument was acknowledged before me this /'lam-
t,• day of, T��kf A.D. 1996, by Barbara J. Kirkmeyer, Chair-Board
'o of County Commissioners of THE COUNTY OF WELD, a body corporate and
,p0tetithigg the State of Colorado, on behalf of said County.
o'�P •. WIT1T $ my hand and official seal.
NOTARM% 4 pU®L1
`, •...%454 m�® Notary Pu•1 O, whose add is:
_
Mr1"4momasssion expires:
MY COMMISSION EXPIRES JUNE 8, 1998
STATE OF COLORADO }
. S8.
COUNTY OF }
The foregoing instrument was acknowledged before me this / Z
day of Th,..0\r , A.D. 1996, by Victor F. Smith, the Mayor of The
Town of trieJJ, on behalf of said town.
WITNESS my hand and official seal.
Notary Public, whose address is:
My commission expires: . (fl
.
MY COMMISSION EXPIRES; S ,
April 14, 1999 j
2501146 B-1556 P-572 07/16/96 02:52P PG 2 OF 2
AFTER RECORDING,
PLEASE RETURN TO:
Gary West, Community Development Director
TOWN OF ERIE
645 Holbrook
Erie, Colorado 80516
`a
.
((I'";�"�,''•i ne 1':t! Ali
duplicate of `iii° Origin; file:I in MY office.
Witness my hand and official seal this ,
day of 19
WWI 1:?ty Clerk and e v'-
R�,,or A
tVeio County, Colorado
By �,
INTERGOVERNMENTAL AGREEMENT CONCERNING REPLACEMENT OF THE EAST
COUNTY LINE ROAD/CR 1 BRIDGE OVER COAL CREEK NORTH OF THE
TOWN OF ERIE
THIS Intergovernmental Agreement entered into the 'Cr-f- day of
p,e evy` r 1995, by and between the County of Boulder,
Colorado, by and through the Board of County Commissioners of
Boulder County, whose office is located in the Boulder County
Courthouse, Boulder, Colorado 80302, hereinafter referred to as
"Boulder County, " and the Town of Erie, Colorado, whose address is
P.O. Box 100, Erie, Colorado 8O516, hereinafter referred to as
"Erie" , and referred to jointly as "the parties" , concerning the
design, right-of-way acquisition, and construction, is necessary
for the completion of the Replacement of the East County Line
Road/CR 1 Bridge over Coal Creek north of the Town of Erie,
hereinafter referred to as "the project. "
WITNESSETH:
WHEREAS, the parties are authorized to enter into this
agreement; and
WHEREAS, the East County Line Road/CR 1 Bridge over Coal Creek
north of the Town of Erie has been identified to be replaced; and
WHEREAS, this roadway and the replacement bridge benefit both
the Town of Erie and Boulder County; and
WHEREAS, the Town of Erie and Boulder County are ready to
share the costs of the bridge replacement.
WHEREAS, the parties now desire to enter into the Agreement in
order to define their respective rights and responsibilities
relative to the cost of design and construction for the project.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows:
1 . PROJECT DESIGN AND CONSTRUCTION:
A. Boulder County has agreed to prepare plans,
specifications, contracts , and bid documents,
hereinafter referred to as "the plans" and
administer the construction of the project as
approved.
] of 4 pages
9610'?S
B. Erie shall reimburse $20,000 towards the right-of-
way acquisition, construction, and inspection costs
to Boulder County. It is estimated that total
costs of all right-of-way acquisition,
construction, and inspection will be $140, 000. 00.
C. Reimbursement to Boulder County will be made by two
payments of $10, 000 each for a total of $20, 000 by
December 31, 1997 and 1998.
D. Erie agrees to annex the following roadways and
associated right-of-way for perpetual ownership and
maintenance by the Town of Erie and relieve Boulder
County of any future construction or maintenance
responsibilities on these roadways. These
annexations will be completed by June 30, 1996:
1. East County Line Road from one-half mile south
'of Arapahoe Road to Kenosha Road.
2 . Arapahoe Road from US 287 to one-half mile
west of 119th Street.
2 . TERM:
The term of the Agreement shall be from the date of
signing to and until the date of completion of the
project.
3 . MODIFICATION AND BREACH:
This Agreement contains the entire agreement and
understanding between the parties to this agreement and
supersedes any other agreements concerning the subject
matter of this transaction, whether oral or written. No
modification, amendment, novation, renewal, whether
alteration of or to this Agreement shall be deemed valid
or any force or effect whatsoever, unless mutually agreed
upon in writing by the parties. No breach of any term,
provision, or clause of this Agreement shall be deemed
waived or excused, unless such a waiver or consent shall
be in writing and signed by the party claimed to have
waived or consented. Any consent by any party hereto, or
waiver of, a breach by any other party, whether expressed
or implied, shall not constitute a consent to, waiver of,
or excuse for any other different or subsequent breach.
2 of 4 pages
961078
Any party shall have the right to restrain by injection
any substantial breach or threatened breach of this
Agreement by the other party.
4 . NO THIRD PARTY ENFORCEMENT/NO WAIVER OF IMMUNITY:
This Agreement is solely for the benefit of the parties
hereto, and no third party shall be entitled to claim or
enforce any rights hereunder except as expressly provided
herein. No portion of this Agreement shall be .deemed to
constitute a waiver of any immunities of the parties or
their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a
duty of care that did not previously exist with respect
to any person not a party to this Agreement.
5. SEVERABILITY:
If any provision of this Agreement or application thereof
to any party or circumstance is held invalid by a court
of competent jurisdiction, such invalidity shall not
affect the other provisions of this Agreement which can
be given effect without the invalid provision or
application and, to this end, the provisions of the
Agreement are declared to be severable.
6 . FUNDING
No portion of this Agreement shall be deemed to create an
obligation on the part of the parties to expend funds not
otherwise appropriated during the term of this Agreement.
3 of 4 pages
551.07
•
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment Agreement on the 1O(41-day of N -t ,,,,,11\m,,J - , 1995.
COUNTY OF BOULDER, COLORADO, BY
AND THROUGH THE BOARD OF
COMMISSIONERS OF BOULDER COUNTY
By: e �?N�f ( 6
Ronald K. Stewar CL-�
, Chair
ATTEST:
CLERK TO. THE BOARD OF
COUNTY COMMISSIONERS
"Clerk to the Board
TOWN OF ERIE, COLORADO
By:
ATTEST:
CLERK
a s ���/�/, k/ 40
Town Clerk /
4 of 4 pages
961078
RESOLUTION NO. 95 - 246
CONCERNING AN AGREEMENT BETWEEN THE TOWN OF ERIE AND BOULDER COUNTY
FOR THE REPLACEMENT OF THE EAST COUNTY LINE ROAD/CR 1 BRIDGE OVER
COAL CREEK NORTH OF THE TOWN OF ERIE
WHEREAS, the East County Line Road Bridge over Coal Creek
north of the Town of Erie has been identified to be replaced; and
WHEREAS, this roadway and the replacement bridge benefits the
Town of Erie and Boulder County; and
WHEREAS, the Town of Erie and Boulder County are ready to
share the costs of the bridge replacement; and
WHEREAS, Boulder County approves of said agreement with the
Town of Erie prepared for the cost sharing of the design and
construction of these improvements.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Boulder County, Colorado, that the
Intergovernmental Agreement concerning the cost of design and
construction for the replacement of the East County Line Road/CR 1
Bridge over Coal Creek north of the Town of Erie, is approved.
BE IT FURTHER RESOLVED by the Board that the Chair be
authorized to sign said agreement.
ADOPTED this tj" day of I .Q�- \- r, - , 1995.
BOARD OF COUNTY COMMISSIONERS:
12;`4,,,,ya
d K. Stewart, Chair \
ATTEST: ` 2. `a J
Jana L. Mendez, Vice Chai
/ Clerk to the Board Paul Danish
361078
Post Office Box 471 •Boulder,Colorado 80306
Boulder \ Transportation Department
ount+ 2045 13th Street• Boulder,Colorado 80302 • Boulder,Colorado 80302•(303)441-3900• FAX(303)441-4594
o17
ECEI
May 31, 1996 I JUN 0 3 1996
Bruce Barker, Esq.
Weld County Attorney WELD COUNTY
P. O. Box 1948 ATTORNEY'S OFFICE
Greeley, Colorado 80632
ERIE ANNEXATION OF WELD COUNTY ROAD NO. 1
Pursuant to our telephone conversation, enclosed please find a Quit
Claim Deed to convey all of Weld County's interest in a section of
the right-of-way for this road. This is further identified in the
Intergovernmental Agreement concerning replacement of the East
County Line Road Bridge over Coal Creek, between Boulder County and
Erie, dated December 19, 1995, a copy of which is included.
As we discussed, due to the cost to prepare an annexation survey
plat and the time involved to process a petition, Boulder County
has made a similar conveyance. A copy of the Boulder County's Quit
Claim Deed to Erie is included, with my cover letter to Erie. Gary
West has agreed that Erie will process an annexation for the right-
of-ways after ownership has been conveyed.
Note this is a two party conveyances, to evidence Erie's
acceptance. Please have this executed by Ms. Kirkmeyer and return
the original to Gary West, Community Development Director, TOWN OF
ERIE, 645 Holbrook, Erie, Colorado 80516 for the Mayor to execute.
For Boulder County's interest, I agreed to record the fully
executed deed with the County Clerk and Recorder and returned the
original to Gary West for the Town's archives.
I will place a conforming copy of the recorded Deed in the Boulder
County Commissioner's archives and will forward a copy to you once
this is completed. Similarly, I would appreciated a copy of Weld
County's deed after it has been recorded.
Thank you for your assistance and please let me know if you have
any questions.
d4Lie
/JOHN HAMILTON SR/WA
/ LAND OFFICER
enclosures
Jana L Mendez Ronald K.Stewart Paul Danish
County Commissioner County Commissioner County Comml—'---_
961078
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961078
`A A \ Post Office Box 471 •Boulder,Colorado 80306
Boulder Transportation Department
CDunty l 2045 13th Street•Boulder,Colorado 80302•Boulder.Colorado 80302 • (303)441-3900• FAX(303)441-4594
HAND DELIVER
May 31, 1996
Gary West
Community Development Director
TOWN OF ERIE
645 Holbrook
Erie, Colorado 80516
ANNEXATION OF EAST COUNTY LINE ROAD AND ARAPAHOE ROAD
Attached please find original Quit Claim Deed for all of Boulder
County's interest in the sections of these roads identified in the
December 19, 1995, Intergovernmental Agreement. Please have these
executed by Mr. Smith and return the original to me to record in
the County Clerk and Recorder's deed records. After it is recorded
I will have the original returned to you for the Town's archives.
I have prepared and mailed a similar deed to Bruce Barker, Esq. ,
Weld County Attorney. He has cursory agreed to recommending Weld
County Commissioner's approve this conveyance provided Erie will
process the annexation once it has ownership.
Thank ou for your assistance to this matter.
John Hamilton, SR/WA
Land Officer
c: Bruce Barker, Esq.
Jana L.Mendez Ronald K.Stewart Paul Danish
County Commissioner County Commissioner County Commissioner 961.013
QUIT CLAIM DEED
THIS DEED, Made this o13' tay of May, 1996, between
THE COUNTY OF BOULDER, a body corporate and politic
of the County of Boulder and State of Colorado, grantor, and
THE TOWN OF ERIE
whose legal address is P. O. Box 98, Erie, Colorado 80516
of the County of Boulder and State of Colorado, grantee,
WITNESSETH, That the grantor, for and in consideration of the sum
of One Dollar and other good and valuable consideration the receipt
and sufficiency of which is hereby acknowledged, has remised,
released, sold and Quit Claimed, and by these presents does remise,
release, sell and Quit Claim unto the grantee, its successors and
assigns, forever, all the right, title, interest, claim and demand
including all obligations thereto which the grantor has in and to
the following described roads and rights-of-way, together with any
and all additional rights the grantor has by way of possession,hose
se
and/or maintenance, and together with
i rng e e nt5 of
ifany,
which
grantee hereby accepts, lying and
and State of Colorado, being described as follows:
East County Line Road (CR 901)
Township 1 North. Rance 69 west, of the 6th P.M.
Section 12: easterly thirty (30' ) feet of the SE1/4NE1/4,
easterly thirty (30' ) feet of the SE1/4
Section 13: easterly thirty (30' ) feet
Section 24: easterly thirty (30' ) feet
Section 25: easterly thirty (30' ) feet
Section 36: easterly thirty (30' ) feet of the NE1/4
Arapahoe Road (CR 54)
Township 1 North. Rance 69 West, of the 61h P.M.
Section 26: southerly thirty (30' ) feet of the SW1/4
Section 27 : southerly thirty (30') feet of the SE1/4,any interest
conveyed by Deed recorded in Book 381, page 127 BCR
Section 34: northerly thirty (30') feet of the NE1/4
Section 35: northerly thirty (30') feet of the NW1/4
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, ofgrantor, either in law behoof of the or eey, its
to
the' only proper use, benefit and grant
successors and assigns forever.
IN WITNESS WHEREOF, The grantor and grantee have executed this deed
on the date set forth above.
cF"` l" -C r THE COUNTY OF BOULDER, a body
corporate and politic'
n 8 :IJ? irAi Of Bv: aginalialf—
' .
s, t� Ut1 %� � da a ,,13/949 Ronald E. Stewart
,
By' B y:
Paul Danish J n. Mendes
ACCEPTED: THE TOWN OF ERIE
Attests By:
victor F. Smith, Mayor
961078
STATE OF COLORADO }
: SS.
COUNTY OF BOULDER }
The foregoing instrument was acknowledged before me this d..3_
day of May , A.D. 1996, by Ronald K. Stewart, Paul Danish and Jana
Mendez the County Commissioners of THE COUNTY OF BOULDER, a body
corporate and politic, on behalf of said County.
WITNESS my hand and official seal.
vuxusmA p
Notary Public,
l whose address is,: ,
Jccasgy? St: . '•-
•
My commission expires:
1/x/97 Lifyr t CO. fO aj
STATE OF COLORADO } 'f r (}
S SS. :, J
COUNTY OF }
The foregoing instrument was acknowledged before me this
day of , A.D. 1996, by Victor F. Smith, the Mayor of The
Town of Erie, on behalf of said town.
WITNESS my hand and official seal.
Notary Public, whose address is:
My commission expires:
961073
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