HomeMy WebLinkAbout841261.tiff AR2005391
RESOLUTION
RE: AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY AND FOR PAYMENT FOR USE
OF EASEMENT -- STANLEY A. AND LEONE M. ZIMMERMAN.
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, Stanley A. and Leone M. Zimmerman 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 Stanley A. and Leone M. Zimmerman 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.
.. L - BOARD OF COUNTY COMMISSIONERS
ATTEST /- i". ;._;,,;,,s_sr1) WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Norman Carlson, C airman
BY: /,,,,4 rd v,. >AA a uelin Johnson ro Tem
eputy County Clerk
441 t
Approved as to form: Gene Brantner
/ cL'Ll:17
n k Carlson
ounty A torney
c ; 710772-
Jolyh Martin
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F 0194 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
/1-'5o '.
841261
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F 0195 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 Greeley, Colorado, this ,cf (� day of
iY\ Pr �-�� , 19 V4 , between WELD COUNTY,
COLORADO, hereinafter "Purchaser" , and STANLEY A. AND LEONE M.
ZIMMERMAN, hereinafter Sellers.
WITNESSETH:
That in consideration for the payment by the Purchaser to
Sellers of 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 for the payment by the Purchaser to
Sellers of 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
and clear of all liens for special improvements installed as of
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F 0196 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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 is 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 obliga-
tions 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 Pur-
chaser 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 :
(a) IF SELLERS ARE IN DEFAULT, (1) Purchaser may elect to
treat this contract as terminated, in which case all
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F 0197 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
payments 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.
10 . Purchaser agrees to build at a point to be mutually
agreed upon by the parties, at Purchaser' s expense, a 12-foot
gravel driveway from Weld County Road 5 and a gate in Sellers'
fenceline, after closing, but prior to the final completion of
Weld County Road 5 .
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 and 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.
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F 0198 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
IN WITNESS HEREOF, the parties hereto have subscribed their
names this 21st day of March , 19 84 .
ATTEST:_ J 1,1 a- BOARD OF COUNTY COMMISSIONERS
4 LvK447- W14.4e4.7 / WELD COUNTY, COLORADO
�
We `Cf erk and Recorder Cam..
ai�C�ke11so the Board By:
/ Chairman for Purchaser
B} ' G""�;; SPJu/a� ': J
ty County C erk
,.,
(The"fa?jowing section to be completed by Sellers. )
Sellers accept the above proposal this 2(o day of (1a,re L
, 19 84 .
By:
By:
By:
SUBSCRIBED AND SWORN to before me this 26th day of
March , 19 84 .
WITNESS my hand and official seal.
*.- - - - - -
OFFICIAL SEAL Q
.Mr, O LE
NOTARY UBICBcAO IFONNIA
tine LOS ANGELES 00UN4Y he
''IL.,s- t My comm. expires AUG 14, 1987 otary ublic
My commission expires: August14, 1987
Page 4 of 4 Pages
EXHIBIT A
NE CORNER SEC . 32-1-68
40'
75' X , LI: I
CONSTRUCTION V I ENO SCALE)
EASEMENT I
II
NE 1/4 NE 1/4 +I
CD ZIMMERMAN, STANLEY A. &
rNn LEONE M .
i 1925 VIA CORONEL
PALOS VERDES EST, CA , 90274
15'
CONSTRUCTION
EASEMENT ---r 1/16 CORNER
40'
E . 40' OF THE NE 1/4 NE 1/4
SEC . 32-1-68, LESS
EXISTING RIGHTS-OF WAY.
AREA = 1 .21± ACRES
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F 0199 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PREPARED BY :
NEL ON ENGINEERS
GREELEY NATIONAL PLAZA
822 7TH STREET GREELEY,COLORADO 80631
- r
rded at o'clock M, on BOOK Page
AR2005392 tlonNo.
p Recorder
cam- Warranty Deal
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: Go,, name(y) and place(s)of residence: if the spouse of the owner-grantor is Joining in this Deed to release homestead rights.
identify grantors as husband and wife.)
Stanley and Leone Zimmerman of Bothell, Washington
GRANTEE: (Give name(s)and address(es), 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: (If there are two or more grantees named, they will be considered to take as tenants in common unless
the words"in loins tenancy"or words of the same meaning are added in the space below.)
PROPERTY DESCRIPTION: (Intlude county and state.1 The East 40 feet of the Northeast
Quarter of the Northeast Quarter of Section 32 , Township 1 North,
Range 68 West of the 6th Principal Meridian, Weld County, Colorado.
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F 0200 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
CONSIDERATION: (The statement of a dollar amount is optional, adequate consideration for this deed will be presumed unless this
conveyance is identified as a gift, in any case this conveyance is absolute, final and unconditional )
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.)
And excepting apparent easements.
Signed on iy ".r,.3 , 19 '
v
Attest Grantor
•
•
Grantor
STATE OF COLORADO )
COUNTY OF ) ss' Grantor
The foregoing instrument was acknowledged before me this day of , 19
by
WITNESS my hand and official seal.
My commission expires:
f
ayf[ttttrp,,1 Notary Public
'� R I,k� . .).4---
.z
��` ss.
F
�, Q� /sent was acknowledged before me this .f 3L day of ni): i , 19 r. `/
ffdrA:(abd official seal. , J L ,
_j)
iele sy.
���� ,�„ .A,�� Notary Public
-4 C 6
1977 UFORZ94€GRL FORMS • NO. 201
P.O. BOX 1815, GREELEY, COLORADO 80632
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