HomeMy WebLinkAbout961137.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING IMPROVEMENTS TO GRACE STREET
AND FREDERICK STREET, TOWN OF WATTENBERG, COLORADO, WITH
CANDELAIRE DELATORRE AND HECTOR J. DELATORRE, JR., 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 Concerning
Improvements to Grace Street and Frederick Street, Town of Wattenberg, Colorado, the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Public Works Department, and Candelaire DeLatorre and
Hector J. DeLatorre, Jr., 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 Grace Street and
Frederick Street, Town of Wattenberg, Colorado, the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Public Works Department, and Candelaire DeLatorre and Hector J. DeLatorre, Jr., be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 24th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
sign~� id ., WE1LD COUNTY, COLORA 0
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I861 ,:c='.. . ty Clerk to the Board Xi
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/ e Baxter, Pro-Tem
ATeputy Clerk t. r a Board 6 /Dale K. Hall
APP AS TO FO ��a�,x;e_ ci c6
Constance L. Harbert
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C y tto ey
W. . Wes r
961137
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AR2444S34
AGREEMENT
CONCERNING IMPROVEMENTS TO GRACE STREET AND FREDERICK STREET,
TOWN OF WATTENBERG, COLORADO BETWEEN CANDELAIRE DELATORRE, HECTOR
J. DELATORRE, JR. , AND WELD COUNTY, COLORADO //�� �
4 THIS AGREEMENT is made this day of q1 4. ,1996 by
and between Candelaire DeLatorre and Hector J. OODeLatorre, Jr. ,
whose address is 11688 Frederick, Ft. Lupton, Colorado 80621 ,
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
Grace and Frederick streets in Wattenberg, Colorado, 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 TEN AND NO/HUNDREDTHS
($10.00) DOLLARS.
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 961137
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 61.
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 1996 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 shall, at County's expense, provide a pinned
survey of the boundry line between Owner's property and
the new road right-of-way.
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:
TAX ID# ( v applic•b. - :
By: By:
CANDELAIRE
CANDELAIRE DELA ORRE HECTOR J. DELATORRE, .
EST:
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td
,�F COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO
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'BSI C: 1[ O THE BOARD OF , / /
i qO . r�1! COMMISSIONERS Y [% .,
Nal IN / i z�s'l�iL�l l t.e.C.P/L ' BY. ' un/
�amr� Deput Clerk to the Board Chair a./ bb
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
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EXHIBIT "A"
A parcel of land that is currently owned by Candelaire DelAtorre
that is part of the Denver Laramie and Northwestern Railway right-
of-way abandoned in the Northeast Quarter (NE1/4) of Section 25,
Township 1 North, Range 67 West of the 6th P.M. , County of Weld,
State of Colorado, except that portion of said parcel lying south
of the south right-of-way line of Frederick street.
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961137
EXHIBIT B
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Candelaire DeLatorre and
Hector J. DeLatorre, Jr. , 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 cl r of
all liensh and encumbrances and warrants to tit \fto th ea .
By: �,r c " J- -� s�\ v G -�<
CANDELAIRE DELATORRE ECTOR J. ELATORRE, JR.
STATE OF COLORADO )
)ss.
COUNTY OF WECgcKliia *,
Th foregoing instrument was acknowledged before me this 7 d y of
�yL� 1996, by Candelaire DeLatorre.
/
Witness my hand and official seal . r .•
up
fri
C l�2,,1L l �� n•
otary P is {r, °r''; e' : d, `-
My commission expires: //-/c ._ 7� e. 0 fi. �
STATE OF COLORADO )
p )ss.
COUNTY OF lL- �7 )
The foregoing instrument was acknowledged before me this I day of
n L�,tA: , 1996 , by Hector J. DeLatorre, Jr. .
Witness my hand and official seal.
-� .tom `.7-`' '
otary Pu - is ,
My commission expires: ;
/- /K 2s
;
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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 24TH day of JUNE , 1996.
_
,o _T: ' COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
Iasitau s d IP , , G-e STATE OF COLORADO
aaiii,t:4Q'L:i," 0 THE BOARD
\E� p�q
0 oAl E7 f � L 1.2 i BY• 6-41,t_ LPU2 ./1-
w- Deputy C19rk to the Board BARB J. KIRKMEYER ,C ir, B rd
of County Commissioners of
the County of Weld
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
24TH day of JUNE , 1996 , by
BARBARA J. KIRKMEYER , Chair, Board of Co ,,-Commissioners
of the County of Weld.
Witness my hand and official seal - f77 . ' t
Notary c `,.0
My commission expires: fA Nli„il ,o, jy' 3 v...? (23<
S-
weldcnty\c40#6\candy.agt
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961137
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