HomeMy WebLinkAbout841263.tiff AR1.973755
RESOLUTION
RE: AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY AND FOR PAYMENT FOR USE
OF EASEMENT -- KENNETH E. PRATT AND KAREN K. LANDERS.
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 of County Commissioners deems it in the best interests
of Weld County to purchase a certain parcel of land between State Highway 7
and Weld County Road #6, and
WHEREAS, Kenneth E. Pratt and Karen K. Landers are the owners of said
property, and
WHEREAS, it is in the best interests of Weld County to make an offer to
purchase, in lieu of condemnation proceedings, according to the terms and
conditions as set forth in the 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 that the agreement for Sale and Purchase of Right-of-way and for
Payment for Use of Easement with Kenneth E. Pratt and Karen K. Landers 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 21st day of March, A.D. , 1984.
• >2 `_7 t_ BOARD OF COUNTY COMMISSIONERS
ATTEST % ' WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Norman Carlson, Chairman
' 0- IYY
iciv, el John , Pro Tem
Liputy County Clerk
Appro ed as to form: Gene Brantner
Chuck Carlson
County Attorney � �
2�jl14:0v
ddltn Martin
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F 1343 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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O.5.:26 n 841263
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Recorded at o'clock M, on Book Page
Reception No. _Recorder
Warraniy (Deed;
THIS DEED is a conveyance of the real property described below, including any improvements and other
appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies)
named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to
the property, except for (1)the lien of the general property taxes for the year of this deed, which the GRANTEE
will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations
and exceptions (4) any outstanding mineral interests shown of record (5)any protective covenants and restric-
tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions"
The specific terms of this deed are:
GRANTOR: (Give name(s) and place(s)of residence, it the spouse of the owner-grantor is joining in this Deed to rolease homestead rights,
identify grantors as husband and wife)
Kenneth E. Pratt and Karen K. Landers , of Longmont, Colorado
GRANTEE: (Give name(s)and addressfes), statement of address, including available road or street number, is required)
County of Weld, State of Colorado
915 Tenth Street
Greeley, Colorado 80631
•
FORM OF CO-OWNERSHIP: Of there are two or more grantees named, they will be considered to take as tenants in common unless
the words"in joint tenancy"or words of the same meaning are added in the space below.)
PROPERTY DESCRIPTION: (Include county and state ) The East 40 feet of Section 29 ,
Township 1 North, Range 68 West of the 6th Principal Merdian,
Weld County, Colorado.
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F 1344 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
CONSIDERATION: (The statement of a dollar amount is optional, adequate consideration for this deed will he presumed unless this
conveyance is identified as a gift; in any case this conveyance is absolute. final and unconditional)
FOUR THOUSAND FIVE HUNDRED DOLLARS ($4 ,500 . 00) and other good and
valuable consideration.
RESERVATIONS-RESTRICTIONS: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns.or
if the GRANTOR is restricting the GRANTEE'S rights in the property, make appropriate indication]
Grantors reserve to their heirs and assigns, all right, title, and
interest in the mineral estate.
ADDITIONAL WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not covered above)
Further excepting apparent easements .
Sigped'ti ,;Q }1e�2 !� , 19 g4- . / :fin G
1 0)4.. k / Grantor
0(-,411,,, Grantor
SI1 LORADO ss.
jsc ) Grantor
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My cOthmtSsion expires: C ""✓ 3r. f 5Sv
Notary Public
STATE OF
COUNTY OF . ) SS.
The foregoing instrument was acknowledged before me this day of , 19
by
WITNESS my hand and official seal.
My commission expires:
• Notary Public
(. 1977 UPDATE LEGAL FORMS NO. 201
P.O. BOX 1815, GREELEY, COLORADO 80632
SETTLEMENT STATEMENT
SELLER: Karen K. Landers and Kenneth E. Pratt
BUYER: Weld County, Colorado
PROPERTY: The East 40 feet of Section 29 , Township 1 North,
Range 68 West.
SETTLEMENT DATE: April 10 , 1984
CLOSING DATE: April 10 , 1984
DUE SELLER:
Selling Price $ 4 ,500 . 00
TOTAL DUE SELLER $ 4 ,500. 00
CREDIT PURCHASER:
Down payment $ -0-
First Deed of Trust assumed
by Purchaser $ -0-
Seller' s Share of 1984
taxes, due and payable
in 198 5 $ -0-
TOTAL PURCHASER CREDITS $ -0-
BALANCE DUE SELLER $ 4 ,500 . 00
NOTE 1: The following closing costs to be paid by Buyer:
Documentary Fee $Exempt §39-13-102 , CRS
Record Warranty Deed $Except §30-1-103 , CRS
Record Assumption Agreement $ N/A
Assumption Fee $ N/A
Owner' s Title Insurance
Premium $ N/A
Tax Certificate $ N/A
APPROV AS fina statement this /g day of ,;¢.
19 j )2
S /N Buyer (.lags• Cc e.
Se er
B 1036 REC 01973755 07/12/84 14: 35 $0. 00 3/003
F 1345 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
VACANT LAND
AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY
AND FOR PAYMENT FOR USE OF EASEMENT
THIS AGREEMENT, made at Greel y, Colorado, this 21,7--------day of
19 9/ , between WELD COUNTY,
COLORADO, hereinafter "Purchaser" , and KENNETH E. PRATT AND KAREN
K. LANDERS, hereinafter Sellers.
WITNESSETH:
That in consideration of the payment by the Purchaser to
Sellers of the sum of $250 . 00 , in cash, and other good and
valuable consideration, Sellers agree to allow Purchaser to use
the easement for the construction of Weld County Road 5 as shown
in Exhibit "A, " as construction easement, attached hereto and
incorporated herein by reference, hereinafter referred to as the
"easement. " The term of the easement shall be for one year from
the date of execution of this agreement. Easement shall be
renewable under the same terms and conditions as set forth herein
upon the mutual consent of the parties herein.
WITNESSETH:
That in consideration of the payment by the Purchaser to
Sellers of the sum of $4 ,500 . 00 , in cash, and other good and
valuable consideration, Sellers agree to sell to the Purchaser
and the Purchaser agrees to purchase from Sellers the
right-of-way described in Exhibit "A, " attached hereto and
incorporated herein by reference, hereinafter referred to as the
"right-of-way" according to the terms and conditions set forth
herein.
The agreement of sale and purchase of right-of-way is
subject to the following conditions:
1 . Sellers shall furnish to Purchaser a warranty deed con-
veying only the surface rights of the right-of-way. Title
insurance need not be provided by Sellers except as provided in
paragraph 5 .
2 . Title shall be merchantable in Sellers, except as
stated in this paragraph and in paragraphs 5 and 6 . Subject to
payment or tender as above provided and compliance by Purchaser
with the other terms and provisions hereof, Sellers shall execute
and deliver a good and sufficient general warranty deed to
Purchaser on April 10 , 1984 , or, by mutual agreement, at an
earlier date, conveying the property free and clear of all taxes,
except general taxes for 1984 , payable January 1 , 1985 , and free
Page 1 of 4 Pages
and clear of all liens for special improvements installed as of
the date of Purchaser' s signature hereon, whether assessed or
not; free and clear of all liens and encumbrances , and except the
recorded and/or apparent easements and subject to building and
zoning regulations .
3 . General taxes for the year 1984 shall be apportioned to
date of delivery of deed based on the most recent levy and the
most recent assessment.
4 . The date of closing shall be the date of delivery of
deed as provided in paragraph 2 . The hour and place of closing
shall be as designated by Purchaser.
5. Except as stated in paragraph 2 and this paragraph, if
title is not merchantable and written notice of defect (s) is
given by Purchaser or Purchaser' s agent to Sellers or Sellers '
agent on or before date of closing, Sellers shall use reasonable
effort to correct said defect (s) prior to date of closing. If
Sellers are unable to correct said defect (s) on or before date
of closing, at Sellers ' option and upon written notice to
Purchaser or Purchaser' s agent on or before date of closing, the
date of closing shall be extended thirty (30) days for the
purpose of correcting said defect (s) . Except as stated in
paragraph 2 , if title is not rendered merchantable as provided in
this paragraph 5 , at Purchaser ' s option, this contract shall be
void and of no effect and each party hereto shall be released
from all obligations hereunder and all payments and things of
value received hereunder shall be returned to Purchaser provided,
however, that in lieu of correcting such defect (s) , Sellers may,
within said thirty (30) days, obtain a commitment for owner' s
title insurance policy in the amount of the purchase price
reflecting title insurance protection in regard to such
defect (s) , and the Purchaser shall have the option of accepting
the then existing insured title in lieu of such merchantable
title. The Sellers shall pay the full premium for such owner' s
title insurance policy.
6 . The Sellers agree to release the Purchaser from all
consequential damages except damages caused by the negligent or
willful misconduct of the Purchaser or its employees, present or
prospective, to the remainder of Sellers' property arising out of
the construction, maintenance, or repair of Weld County Road 5 .
7. Time is of the essence hereof. If any note or check
received as earnest money hereunder or any other payment due
hereunder is not paid, honored or tendered when due, or if any
other obligation hereunder is not performed as herein provided,
there shall be the following remedies:
Page 2 of 4 Pages
(a) IF SELLERS IS IN DEFAULT, (1) Purchaser may elect to
treat this contract as terminated, in which case all pay-
ments and things of value received hereunder shall be
returned to Purchaser and Purchaser may recover such damages
as may be proper, or (2) Purchaser may elect to treat this
contract as being in full force and effect and Purchaser
shall have the right to an action for specific performance
or damages, or both.
(b) IF PURCHASER IS IN DEFAULT, (1 ) Sellers may elect to
treat this contract as terminated, in which case all pay-
ments and things of value received hereunder shall be
forfeited and retained on behalf of Sellers and Sellers may
recover such damages as may be proper, or (2) Sellers may
elect to treat this contract as being in full force and
effect and Sellers shall have the right to an action for
specific performance or damages, or both.
(c) Anything to the contrary herein notwithstanding, in the
event of any litigation arising out of this contract, the
court may award to the prevailing party all reasonable costs
and expenses, including attorneys ' fees.
8 . Following the date of closing, if construction of Weld
County Road 5 affects any of the Sellers ' existing fences, the
fences will be moved and restored to the current conditions and
fencing will be constructed along the road where it does not
currently exist according to the specifications set forth in the
resolution authorizing Weld County Local Improvement District
#1984-1 .
9 . Possession of the property shall be delivered to
Purchaser upon closing and shall not be subject to any leases or
tenancies.
If this proposal is accepted by Sellers in writing and
Purchaser receives notice of such acceptance on or before March
28 , 1984 , this instrument shall become a contract between
Sellers , and Purchaser shall inure to the benefit of the heirs,
successors, and assigns of such parties. Purchaser possesses
authority pursuant to State statute to condemn the subject
property for the construction of a public road and this proposal
is made in lieu of exercise of this power of condemnation.
Page 3 of 4 Pages
IN WITNESS HEREOF, the parties hereto have subscribed their
names this
1n 21st day of -h March , 19 84 .
ATTEST: nlLLur Q�,� Q�l,lt44t$ ;i BOARD OF COUNTY COMMISSIONERS
CILAl WELD COUNTY, COLORADO //
Weld County erk and Recorder Y `/� �.�/ � -9---
and Clerk to the Board B
Chairman for Purchaser
B
De uty County C erk
(The following section to be completed by Sellers. )
Sellers accept the above proposal this , ,„:t day of
(7 OA-Li- , 19 s . i
Y'
By:,XL-r- n
By:
SUBSCRIBED AND SWORN to before me this _1Can .4 day of
c ./..- , 19 ,y { .
WITNESS my hand and official seal.
Notary Public
My commission expires:
8/, 19 ye,
Page 4 of 4 Pages
r -
EXHIBIT A
NE CORNER SEC . 29-1-68
4O _
yI COUNTY RD . 6 ROW
(NO SCALE)
� 11
SECTION PRATT) KENNETH E.
LINE LANDERS) KAREN K.
NE QUARTER I P . O . BOX 301
LONGMONT) COLORADO 80501
71-137
- 1_
E 1/4 CORNER
+I
O
CO
CNI 75' X 75'
CONSTRUCTION
EASEMENT
SE QUARTER
- I E. 40' OF
1 SEC . 29-1-68, LESS
75' X 150' I' N 15' EXISTING RIGHTS-OF-WAY .
CONSTRUCTION AREA = 4 . 85± ACRES
EASEMENT i CONSTRUCTION
EASEMENT
40'
PREPARED BY:
SE CORNER SEC . 29-1-68
NEL ON ENGINEERS
GREELEY NATIONAL PLAZA
822 7TH STREET GREELEY,COLORADO 80631
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