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Home My WebLink About981739.tiff RESOLUTION RE: APPROVE QUIT CLAIM DEED AND SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF WELD COUNTY ROAD 21, A.K.A. QUENTINE AVENUE 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 and Second Amendment to the Intergovernmental Agreement for the Improvement of Weld County Road 21, a.k.a. Quentine Avenue, 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 the Town of Milliken, with terms and conditions being as stated in said deed and amendment, and WHEREAS, after review, the Board deems it advisable to approve said deed and amendment, 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 Quit Claim Deed and Second Amendment to the Intergovernmental Agreement for the Improvement of Weld County Road 21, a.k.a. Quentine Avenue, 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 the Town of Milliken be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said deed and amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of September, A.D., 1998. BOARD OF COUNTY COMMISSIONERS n WE COUNTY, COLORADO - / 1 P (py,,,zudet, Confi ce L. Harbert Chair •uni o the Board W. e ste , Promo-Tem may,, !darn" to the Board \ EXCUSED le e E. Baxter jP S FORM: Dale K. Hall ty At orney EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 981739 EG0037 Recorded at—.__ o'clock M., Reception No.— Recorder QUITCLAIM DEED 'fills DEED, Made this 21st day of September , 19 98, between Weld County, Colorado, a body politic and corporate of the 'County of Weld and State of Colorado,grantor ,and TOWN OF MILLIKEN, a Colorado municipal corporation whose legal address is P.O. Drawer 290, Milliken, CO 80543 --- ---of the County of Weld and Slate of Colorado,grantee(i1, W ITNESSETI-I,That the grantor(, for and in consideration of the sum of GOOD AND VALUABLE CONSIDERATION the receipt and sufficiency of which is hereby acknowledged,ha s remised,released,sold and QU IICLAIMED,and by These presents do es remise,release,sell and QUITCLAIM unto the grantee(fi), its heirs,successors and assigns, forever,all the right,title,interest,claim and demand which the gr:mlur(4 has in and to the real property,together with improvements,if any,situate,lying and being in the County of Weld and Stale of Colorado,described as follows: All of the East 30 ft of the Southeast Quarter and all of the East 30 ft of the Southeast Quarter of the Northeast Quarter of Section 10, Township 4 North, Range 67 West of the 6th P.M. , Weld County, Colorado. This 30 foot wide tract also lie: immediately west and adjacent to the east half of Quentine Avenue running from Broad Street to County Road 46 in the Town of Milliken. The East line of this segment runs more specifically from the North Quarter-Quarter line of the Southea- Quarter of the Northeast Quarter of Section 10 to the Southeast corner of Section 10, Township 4 North, Range 67 West of the 6th P.M. , Weld County over a distance 3971.00 feet. This distance is based on information shown along the West line of the plat of the Town of Milliken, Weld County, recorded July 23, 1909, under Reception Number 143902, records of said county, and the plat of Wal Mar Ill , Town of Milliken, Weld County , Colorado. also known by street and number as: assessor's schedule or parcel number: TO HAVE AND TO 11OL1)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(s),either in law or equity, to the only proper use,benefit and behoof of the grantee(/) its heirs and assigns forever. IN WITNES' HEREOF;T grant (s4 ha executed this deed on the date set forth above. �c ATTEST: b1 ( _ __ r r I County of Weld, State _o Colorado, --- Clerk to the By.' Ip' a body politic and corporate of the `- ntk State of Colorado pJ777 By J/2ZSJ C, AIWA �, \v By =' o f 1 / Deputy Clerk to ile Constance L. Harbert (09/21/98) STATE OF COI.! p,f 71 County of Weld The foregoing instrument was acknowledged before me this day of , 19 98 , by My commission expires Witness my hand and official seal. Notary Public 'If in Denver, insert"City and". Nanm anA AAdrev nr I'crvnn('rwlinB Newly CrcamJ I egal D w Plion IS itl-35-IIIfi,S.C.R.S.) No.93.3.Rev.4-94. ountI.AIM DEFD �1 � Ilradlb,d Publishing,1743 Water St.,Douro;('080202—(303)292-2500—7-95 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF WELD COUNTY ROAD 21, a.k.a., QUENTINE AVENUE THIS SECOND AMENDMENT TO AGREEMENT is entered into this of ---2_,, ,,.,,} 1998, by and between the Town of Milliken ("Town"), whose address is 1101 Broad Street, P.O. Box 290, Milliken, Colorado 80543, and the County of Weld. Colorado, by and through the Board of County Commissioners of the County of Weld ("County"), whose address is 915 10th Street, P.O. Box 758, Greeley, Colorado 80632. WITNESSETH: WHEREAS, on December 18, 1996, the parties hereto entered into an Intergovernmental Agreement for the Improvement of Weld County Road 21, a.k.a., Quentine Avenue ("the Agreement"), for the purpose of agreeing to various improvements and the sharing of the costs of said improvements, to Weld County Road 21, a.k.a., Quentine Avenue, between Broad and Green Streets, and WHEREAS, on March 4, 1998, the parties amended the Agreement to include increased costs of paving Quentine Avenue, between Broad and Green Streets, and WHEREAS, there is the need for a second amendment to the Agreement to reflect the fact that Town has decided to pave Quentine Avenue, from Broad Street south to the south east corner of Section 10, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. NOW, THEREFORE, in consideration of the mutual promises and covenants stated herein, the parties hereto agree to amend the Agreement as follows: Delete paragraph 2.d. of the Agreement, and add the following: 2. TOWN AGREES: d. To annex the west one-half('/z)of Quentine Avenue,from Broad Street south to the south east corner of Section 10, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, as shown on the plat which is attached hereto as Exhibit"A." Said annexation shall proceed after County deeds by quit claim deed to Town all of said portion of Quentine Avenue. Said annexation shall be completed no later than December 31, 1999. Town shall maintain said portion of Quentine Avenue after the date of recording of the quit claim deed. Page 1 of 2 Pages Add the following: 3. COUNTY AGREES: b. To deed, by quit claim deed, to Town the west one-half(I/2) of Quentine Avenue, from Broad Street south to the south east corner of Section 10, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, as shown on the plat which is attached hereto as Exhibit "A," in the form which is attached hereto as Exhibit "B." Said deed shall be signed by the Chair of the Board of County Commissioners of Weld County and recorded in the Office of the Weld County Clerk and Recorder no later than October 1, 1998. All remaining paragraphs of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties hereto have signed this Amendment this21stday of September , 1998. ATTEST: TOWN OF MILLIKEN, COLORADO :\ anet � \,o�� Nan to Armst ad, Town Cle Ted avez, Mayo 1 , / / ATTEST: k, , i /02'(/i1.e ;;� COUNTY OF WELD, COLORADO, Weld County Clerk to the ',cot d!E ,f BOARD OF COUNTY COMMISSIONERS v� t _ OF THE COUNTY OF WELD C pp By: Z sis J •. ' _•?S., , By: �i-,-.Cdi. �.V�'c Deputy Clerk to the, Constance L. Harbert, Chair (09/21/98) M:\WPEILES\AGREE\2AMILLIK.B B _. , , Page 2 of 2 Pages 4 WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 356-4000, EXT. 4391 FAX: 352-0242 915 915 TENTH STREET P.O. BOX 1948 VIII p GREELEY, COLORADO 80632 C April 8, 1999 COLORADO R. Bruce Fickel II, Esq. P.O. Box S Berthoud, CO 80513 RE: Quentine Avenue Annexation Dear Bruce: Enclosed is an original document entitled "Second Amendment to Intergovernmental Agreement for the Improvement of Weld County Road 21, a/k/a, Quentine Avenue." Also enclosed is a copy of a letter which I sent to you dated September 3, 1998, regarding this Second Amendment, and a copy of a resolution approved and signed by the Board of County Commissioners of Weld County on September 21, 1998. As you can see, the Board approved and signed the Second Amendment. I am not quite certain where our systems broke down in terms of completing the Second Amendment, but I believe we are still waiting for the Town of Milliken to sign. I assume that the Town has approved the Second Amendment and, therefore, ask that you have Mayor Chavez and Town Clerk Armstad sign the enclosed and send it to me as soon as possible. If you should have any questions regarding this letter or the enclosed, please feel free to call me at (970) 356-4000, extension 4390. Sincerely, Truce T. Barker Weld County Attorney BTB/db:Let/Quentine Enclosures pc: Clerk to the Board OFFICE OF COUNTY ATTORNEY PHONE (970) 356-4000 EXT.4391 FAX 352-0242 915 TENTH STREET P.O. BOX 1948 IGREELEY, CO 80632 CSeptember 3, 1998 COLORADO R. Bruce Fickel, II P.O. Box S 343 Mountain Avenue Berthoud, CO 80513 RE: Quit Claim Deed for Quentine Avenue Annexation Dear Bruce: This letter is in response to your letter of August 25, 1998, and the enclosed quit claim deed and map for the annexation of a portion of Quentine Avenue. I have brought your request to the attention of the Board of County Commissioners of Weld County. The Board expressed no objection to executing the quit claim deed, but suggested that I provide an amendment to the original Intergovernmental Agreement for the Improvement of Weld County Road 21, a.k.a., Quentine Avenue. Two originals of the proposed amendment are enclosed. Please review the proposed amendment and let me know if it is acceptable or if you have any suggested changes. I may be reached at (970) 356-4000, ext. 4390. Sincerely, Bruce T. Iarker Weld Couhty Attorney BTB/db:Let/BFickel pc: Frank Hempen Board of County Commissioners rit„ 6 TO: Board of County Commissioners FROM: Bruce T. Barker, Weld County Attorney iDe. DATE: September 2, 1998 RE: Deed for Quentine Avenue (WCR 21) to Town of COLORADO Milliken Attached are copies of a letter from Bruce Fickel, attorney for the Town of Milliken, Colorado; a Quit Claim Deed; and a plat entitled"Quentine Avenue (County Road 21) Annexation." As Mr. Fickel's letter explains, the Town desires to have Weld County deed to it the north half of Quentine Avenue,between Broad Street and the south east corner for Section 10-4-67. You may recall that Quentine Avenue,between Broad Street and Green Street, is the subject of an Agreement for paving and annexation, and an Amendment thereto. Copies of the Agreement and Amendment are attached. Pursuant to the Agreement, Milliken must annex Quentine between Broad and Green Streets. Part of the paving costs has been paid by the County. Apparently, Milliken has decided to extend the paving from Green Street south to the south east corner. That paving work is almost, if not entirely, completed. Milliken now desires to make certain that it owns that portion of the roadway which it has paved. I have no problem with the Board approving and executing the Quit Claim Deed for Milliken. The concern I have is that we should make certain that Milliken completes the annexation and maintains the newly paved Quentine Avenue as promised. Therefore, I recommend that we ask Milliken to sign a second amendment to the Agreement, whereby the additional stretch of roadway from Green Street to the section line is added for annexation and maintenance. A copy of the proposed amendment is attached. If it looks acceptable, I suggest that we send it to Milliken with the attached letter. j BieXn �T. Barker Weld County A rney toc.E o 4-steteomina.0607, Og'jA BTB/db:Memo/BOCC/Milliken BAX'fF,R _ Attachments HALL pc: Frank Hempen Don Warden HARBERT KIRKMEYER c/i/. WPRCTPP I ./ R. BRUCE FICKEL II Attorney at Law 343 Mountain Avenue P.O. Box S Berthoud, CO 80513 (970) 532-2652 FAX (970) 532-2764 August 25, 1998 1 . <__ Bruce Barker Attorney at Law 1 AUG 3 1 1998 915 10th Street Greeley, CO 80631 cLO cC;uNTY :,, y E � . NEY'S O;=FIi E Re: Town of Milliken/Quentine Avenue Dear Bruce: I am enclosing herewith a Quit Claim Deed and annexation plat. These describe the portion of Quentine Avenue/County Road 21, Milliken, Colorado. You will note that I have omitted the name of the grantor and the person/s who will be executing this deed. Please complete this information. As we discussed it makes very little sense for the Town to annex Quentine Avenue, have it paved and maintain it while it belongs to Weld County. On behalf of the Town of Milliken I am requesting that the commissioners authorize the conveyance of Quentine Avenue to the Town of Milliken in order that the Town can proceed with annexation. If you have any questions or concerns which I have not addressed, please do not hesitate to contact me. Sincerely, w r Y ' , C*-fLL /' ,+ ) 1 R. B. Fickel RBF/sm Enclosures pc: Town of Milliken WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 356-4000, EXT. 4391 ri‘tit FAX: (970) 352-0242 915 TENTH STREET P.O. BOX 1948 GREELEY, COLORADO 80632 September 2, 1999 COLORADO Town of Milliken 1101 Broad Street P.O. Box 290 Milliken, CO 80543 ATTN: Gina RE: Quit Claim Deed for Quentine Avenue Dear Gina: Enclosed is the original Quit Claim Deed, dated September 21, 1998, transferring property from Weld County to the Town of Milliken, Colorado, for Quentine Avenue. This original Quit Claim Deed has not yet been recorded at the Office of the Weld County Clerk and Recorder. It is my understanding that you will stop by this office today to pick up the original Quit Claim Deed and take it to the Clerk and Recorder's Office for recording. Please feel free to call me at(970) 356-4000, extension 4390, if you should have any questions regarding this letter or the deed. i Sincerel race T. Barker Weld County Attorney BTB/db:Let/Quentineav Enclosure pc: Clerk to the Board Hello