HomeMy WebLinkAbout20033111.tiff RESOLUTION
RE: APPROVE CONTRACT FOR SALE OF REAL ESTATE AND AUTHORIZE CHAIR TO
SIGN - GREAT WESTERN RAILWAY OF COLORADO, LLC
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 Contract for Sale of Real Estate between
the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld
County,on behalf of the Department of Public Works,and Great Western Railway of Colorado, LLC,
with terms and conditions being as stated in said contract, and
WHEREAS,after review,the Board deems it advisable to approve said contract, 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 Contract for Sale of Real Estate between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Great Western Railway of Colorado, LLC, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 10th day of November, A.D., 2003.
- BOARD OF COUNTY COM ISSIONERS
1 '42)
W COUNTY, COLO A O
ATTEST: E " <w
Weld County Clerk ttetbktitY
\;-i Robert D den Pro-Tem
BY: � /�
Deputy Clerk to the Board 77 04A-J
M. J. Geile
OV AS TO F ?/ /l
WilliaS !/
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unty Att
/-24 Glenn Vaad
Date of signature:
2003-3111
EG0047
O ; O
•
CONTRACT FOR SALE OF REAL ESTATE
293
THIS CONTRACT is entered into this 30`' day of October, 2003, by and between Great
Western Railway of Colorado,L.L.C. ("Seller")and Weld County,Colorado, ("Buyer").
Upon approval of this Contract by both Seller and Buyer, evidenced by their signatures hereto, a
valid and binding contract of sale, lease and easement shall exist,the terms and conditions of which are as
follows:
1. SALE: Seller agrees to sell and convey to Buyer by quitclaim deed and Buyer agrees to purchase
the Property upon the terms and conditions contained in this Contract.
2. PROPERTY: As used in this Contract, the term "Property" means that certain real property
described and/or depicted on attached Exhibit"A". The Property does not include any railroad
trackage,railroad signals or other railroad fixtures or equipment located upon the Property.
3. PURCHASE PRICE: The purchase price for the Property is $2,800.00. The entire Purchase Price
shall be paid to Seller in cash at the Closing.
4. TITLE: Buyer, at Buyer's sole cost and expense, shall do whatever research Buyer deems
necessary to satisfy Buyer of any and all title issues relating to the Property. Seller is selling its
interest in the Property on an"as is"basis and is making no representations relative to any title issues
pertaining to the Property. Buyer,by closing or taking possession of the Property, shall be deemed to
have approved and accepted the title as it relates to the Property.
5. CONDITION OF THE PROPERTY:
A. Until closing or transfer of possession, risk of loss to the Property, ordinary wear and tear
excepted, shall be upon Seller;after closing or transfer of possession, such risk shall be upon
Buyer.
B. Unless otherwise agreed upon in writing, Buyer by closing or taking possession of the
Property shall be deemed to have accepted the Property in its then condition, including
fixtures, equipment and appliances. No warranties, express or implied, by Seller or Seller's
agents, with reference to the condition of the Property or any fixtures, equipment or
appliances,shall be deemed to survive the closing.
6. CLOSING: Subject to the provisions of Paragraph 3, the closing shall be held on or before
November 26, 2003. At or prior to the closing, Seller shall deliver to Buyer the duly executed and
acknowledged quitclaim deed from Seller conveying Seller's interest in the Property to Buyer for
delivery to Buyer upon payment of the Purchase Price. Unless otherwise agreed in writing,
possession shall be transferred on day of closing.
7. EFFECT: This Contract shall be executed in duplicate and, when executed by both Seller and
Buyer, shall be binding upon and inure to the benefit of Seller and Buyer, their heirs, legal
representatives, successors and assigns. This Contract sets for the complete understanding of Seller
and Buyer and supersedes all previous negotiations, representations and agreements between them
and their agents. This Contract can only be amended or modified by a written agreement signed by
Seller and Buyer. In executing this Contract,both Seller and Buyer agree to the terms of the Receipt
contained below.
HID 11111 IIII 11111111 VIII III 1111111 III VIII IIII IIII
3136293 12/17/2003 10:54A Weld County, CO
1 0l 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
aG2O.3- ai//
APPROVED BY BUYER: APPROVED BY SELLER:
Weld County,Colorado Great Western Railway of Colorado,L.L.C.
1111 II Street 252 Clayton Street,4`s Floor
Greeley, O 80632 Denver,Colorado 80206
By:
n 13y:
Weld� oun yifar a. �� *aa,2ne0rs T' e:AuthorizedAgent
Attest: ,,
►'' ,,.y '. it
By:Deputy t
a
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Clerk `t1� `f:�LiliP -q
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111111111111 IIII 11111111 IIIII III 1111111 III 11111 IIII 1111
3136293 12/17/2003 10:54A Weld County, CO
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EXHIBIT A
DEED LEGAL DESCRIPTION
PARCEL 1
A parcel of land located in the Southeast One-Quarter of Section 36, Township 4 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and
described as follows:
Commencing at the Northeast corner of the Southeast One-Quarter of said Section 36,
from whence the Southeast corner of said Section 36 bears S00°25'00"E, with all
bearings contained herein relative thereto; thence S89°43'44"W along the North line of
the Southeast One-Quarter of said Section 36 a distance of 30.00 feet to the West Right-
of-Way line of Weld County road 13 and the POINT OF BEGINNING; thence
S00°25'00"E along said West Right-of-Way line a distance of 170.61 feet to the South
line of the Great Western Railway Company Right-of-Way; thence S63°13'30"W along
said South Right-of-Way a distance of 44.64 feet; thence N00°25'00"W a distance of
183.80 feet to the North line of the Great Western Railway Company Right-of-Way and
to a point of non-tangent curve to the left; thence 12.10 feet along the arc of said curve
whose radius is 1860.00 feet, central angle is 00°22'22"and whose chord bears
N55°56'45"E a distance of 12.11 feet to the North line of the Southeast One-Quarter of
said Section 36; thence N89°43'44"E along said North line distance of 29.82 feet to the
POINT OF BEGINNING and containing 0.165 acres, more or less.
PARCEL 2
A parcel of land located in the Northwest One-Quarter of Section 31 and Southwest One-
Quarter of Section 31, Township 4 North, Range 67 West of the Sixth Principal
Meridian, County of Weld, State of Colorado and described as follows:
Commencing at the Northwest corner of the Southwest One-Quarter of said Section 31,
from whence the Southwest corner of said Section 31 bears S00°25'00"E, with all
bearings contained herein relative thereto; thence N00°24'50"W along the West line of
the Northwest One-Quarter of said Section 31 a distance of 29.75 feet to a point of curve
to the left; thence 36.12 feet along the arc of said curve whose radius is 1870.10 feet and
central angle is 01°06'23"and whose chord bears N55°44'59"E a distance of 36.12 feet
to the East right of way line of Weld County road 13, the North right of way line of the
Great Western Railway Company and the POINT OF BEGINNING; thence continuing
48.92 feet along the arc of said curve whose radius is 1870.01 feet and central angle is
01°29'56"and chord bears N54°26'49"E a distance of 48.91 feet; thence S00°24'50"E a
distance of 78.01 feet to the South line of the Northwest One-Quarter of said Section 31;
thence S00°25'00"E a distance of 19.70 feet to the South right of way line of the Great
Western Railway Company and a point of curve to the right; thence 47.97 feet along the
arc of said curve whose radius is 1950.10 feet and central angle is 01°24'34"and chord
bears S56°05'07"W a distance of 47.97 feet to the East right of way line of Weld County
road 13; thence N00°25'00"W along said East line a distance of 46.17 feet to the North
line of the Southwest One-Quarter of said Section 31; thence continuing along said East
111111111111 IIII 1111111111111 III 1111111 III 11111 IIII IIII - 1 -
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line N00°24'50"W a distance of 49.86 feet to the POINT OF BEGINNING and
containing 0.089 acres, more or less.
The above descriptions were prepared by Leon Sievers, Right-of-Way Agent, in and for
Weld County, Colorado and are based on survey information provided by King
Surveyors, 9299 Eastman Park Drive, Windsor, Colorado, 80550.
1111111111111M 1111111111111 III 111111111111111 IIII IIII - 2 -
3136293 12/17/2003 10:54A Weld County, CO
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a
• EXHIBIT 1111 P A
Na Cor
Sae 36-4-67
NE 1/4 NW 1/4
SEC 36-4-68 EXI ING SEC 31-4-67
60 ROW
4 11
1=48.92'0' $S O" `-{-
A=01.29'56" d v C
In R=1870.10' C P
3 A=06'06'23" rap liN
vii V{{Q`�P,
500'24'50"E
Sae 36-Co4-68 ill
/ 78.01'
Z PARC 2
40'
N89'43'44"E 29.82' -4--,...1/4 SEC. LINE 1/4 SEC. LINE
N89'43'44"E R=1860' 30' 500'25.00"E Sg9.13.18"E
1=12.10' to 19.70'
A=00'22.22" • a
0 3 R=1950.10•
o L=47.97'
in A=01'24'34"
PARCEL 1 3 g b \00.25'00"w 46.17'
4D• P CI
O H Nf� Z
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A� Pr°. Rod GGSg3'A v,
c lb A . EXIT�TfING
60' IROW ~
0'J
SE 1/4 I SW 1/4
SEC 36-4-68r. SEC 31-4-67
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3136293 12/17/2003 10:54A Weld County, CO . 0
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED SE Cor
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO See 36-4-68
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
0 50 100 200
WELD COUNTY PUBLIC WORKS DEPARTMENT �� I
swver LWS
DESIGN WELD COUNTY ROAD 13 DEED 1
DRAWN DESCRIPTION 1
DATE AUGUST II, 2003 EXHIBIT MAP
tMEMORANDUM
CTO: Esther Geisick, CTB DATE: November 3, 2003
•
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit these items for the Board's approval:
Contract for Sale of Real Estate with Great Western Railway of Colorado LLC
Enclosed are three duplicate original Contracts for Sale of Real Estate. Please send two signed
original contacts back to Public Works as soon as possible to expedite funding.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\WPFILES\Francie\agendaleon-I.wpd --- „ -
2003-3111
f
QUITCLAIM DEED
THIS INDENTURE, made this 26th day of November, 2003, by and between Great
Western Railway of Colorado, L.L.C. ("Grantor"), whose address is 252 Clayton Street, 4th
Floor, Denver, Colorado 80206, and Weld County, Colorado ("Grantee"), whose address is 111
H Street, Greeley, Colorado 80632.
WITNESSETH:
Grantor, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, to it in hand paid, the receipt of which is hereby acknowledged, does hereby
quitclaim, grant, bargain, sell and convey unto the Grantee, all its right, title, interest, estate, and
every claim and demand, both at law and in equity, in and to all of the following described
property, situated in the SE 'A of Section 36, Township 4 North, Range 68 West of the Sixth
Principal Meridian, County of Weld, State of Colorado:
See Exhibit A, attached.
EXCEPTING AND RESERVING, however, unto Grantor, its heirs and assigns, in
addition to all minerals heretofore previously reserved or conveyed, an undivided interest in and
to all of the oil, gas, and other minerals of every kind and nature, in and under and that may be
produced from the above described land. Also excepting and reserving unto Grantor all railroad
tracks, ties, plates and other railroad improvements and property, and the right to enter the
property in order to salvage the same.
TO HAVE AND TO HOLD the above described premises unto the Grantee, its heirs
and assigns forever, so that neither Grantor nor any person in its name and behalf shall or will
hereafter claim or demand any right or title to the said premises or any part thereof (except as
reserved above), but shall by these presents be excluded and forever barred.
IN WITNESS WHEREOF, Grantor has caused this indenture to be executed the day
and year first above written.
Great Western Railway of Colorado, L.L.C.
By:
Tit . Au orized Agent
IILI 11111 1111 1111111 111 III 1111111 III 111111111 Jill
3143330 01/12/2004 11:09A Weld County, CO
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a.Cc3—31/7
l
STATE OF COLORADO )
) ss.
CITY/COUNTY OF DENVER )
On this I5* day of e-egti-t e-g , 2003, in the City and County of Denver, State of
Colorado, before me, the undersigned, a notary public in and for said county and state, personally
appeared Elizabeth A. Brown, to me known to be the identical person who signed the name of
the maker thereof to the within and foregoing instrument as its Authorized Agent, and
acknowledged to me that she executed the same as her free and voluntary act and deed, and as the
free and voluntary act and deed of said company, for the uses and purposes therein set forth.
Given under my hand and seal the day and year last written above.
Notary Public: d,�,l lAa OA*-
My Commission Expires: 7— llo- a.065
(SEAL)
DIANA DELISLE
NOTARY PUBLIC
_STATE OF COLORADO
MY Commission Expires 7/16/2005
1111111 11111 Illl IIIIIIII VIII Ill IIIIIII Ill Illll IIII IIII
3143330 01/12/2004 11:09A Weld County, CO
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EXHIBIT A
DEED LEGAL DESCRIPTION
PARCEL 1
A parcel of land located in the Southeast One-Quarter of Section 36, Township 4 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and
described as follows:
Commencing at the Northeast corner of the Southeast One-Quarter of said Section 36,
from whence the Southeast corner of said Section 36 bears S00°25'00"E, with all
bearings contained herein relative thereto; thence S89°43'44"W along the North line of
the Southeast One-Quarter of said Section 36 a distance of 30.00 feet to the West Right-
of-Way line of Weld County road 13 and the POINT OF BEGINNING; thence
S00°25'00"E along said West Right-of-Way line a distance of 170.61 feet to the South
line of the Great Western Railway Company Right-of-Way; thence S63°13'30"W along
said South Right-of-Way a distance of 44.64 feet; thence N00°25'00"W a distance of
183.80 feet to the North line of the Great Western Railway Company Right-of-Way and
to a point of non-tangent curve to the left; thence 12.10 feet along the arc of said curve
whose radius is 1860.00 feet, central angle is 00°22'22"and whose chord bears
N55°56'45"E a distance of 12.11 feet to the North line of the Southeast One-Quarter of
said Section 36; thence N89°43'44"E along said North line distance of 29.82 feet to the
POINT OF BEGINNING and containing 0.165 acres, more or less.
PARCEL 2
A parcel of land located in the Northwest One-Quarter of Section 31 and Southwest One-
Quarter of Section 31,Township 4 North, Range 67 West of the Sixth Principal
Meridian, County of Weld, State of Colorado and described as follows:
Commencing at the Northwest corner of the Southwest One-Quarter of said Section 31,
from whence the Southwest corner of said Section 31 bears S00°25'00"E, with all
bearings contained herein relative thereto; thence N00°24'50"W along the West line of
the Northwest One-Quarter of said Section 31 a distance of 29.75 feet to a point of curve
to the left; thence 36.12 feet along the arc of said curve whose radius is 1870.10 feet and
central angle is 01°06'23"and whose chord bears N55°44'59"E a distance of 36.12 feet
to the East right of way line of Weld County road 13, the North right of way line of the
Great Western Railway Company and the POINT OF BEGINNING; thence continuing
48.92 feet along the arc of said curve whose radius is 1870.01 feet and central angle is
01°29'56"and chord bears N54°26'49"E a distance of 48.91 feet; thence S00°24'50"E a
distance of 78.01 feet to the South line of the Northwest One-Quarter of said Section 31;
thence S00°25'00"E a distance of 19.70 feet to the South right of way line of the Great
Western Railway Company and a point of curve to the right; thence 47.97 feet along the
arc of said curve whose radius is 1950.10 feet and central angle is 01°24'34" and chord
bears 556°05'07"W a distance of 47.97 feet to the East right of way line of Weld County
road 13; thence N00°25'00"W along said East line a distance of 46.17 feet to the North
line of the Southwest One-Quarter of said Section 31; thence continuing along said East
- 1 131114139
IIIIII 11019/121010143 I VIII III IIIIIII III VI!ell!!!
31433303 of 5 R 0.00 D 0.00 Sleve MorenoClerk
line N00°24'50"W a distance of 49.86 feet to the POINT OF BEGINNING and
containing 0.089 acres, more or less.
The above descriptions were prepared by Leon Sievers, Right-of-Way Agent, in and for
Weld County, Colorado and are based on survey information provided by King
Surveyors, 9299 Eastman Park Drive, Windsor, Colorado, 80550.
111111111111 III! 1111111111111 III 1111111 III IIIII IIII IIII
3143330 01/12/2004 11:09A Weld County, CO
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EXHIBIT MAP A
N. Cor
Sec 36-4-67
NE 1/4 NW 1/4
SEC 36-4-68 EXI ING SEC 31-4-67
60' ROW
0• f1-
L=48 92 111PC0R
A=01.29'56"
in R=1870.10'
n A 011.06'23" 0gE 36.12' L�P`�te E1/4 Cor in V
SOW24'50%
Sec 36-4-68 b 78.01'
Z PARC 2
N89.43'44"E 29.82' ` ��
1/4 SEC. UNE 1/4 SEC. UNE
N89'43'44"E R=1860' 30' S89'13'18"E
L=12.10' to / O0'2s'oo"E
A=00'22'22" 19.70'
'Do0 n 3 R=1950.10'
o L=47.97'
On
03 W A=01'24'34"
PARCEL 1 ; g o 00.25'O0"W 46.17'
8 .- - a Z
In b
N in
O4I
z
ØAYOC Sb0.Ics A EXISTING
—' 60' ROW ~—
SE 1/4 I SW 1/4
SEC 36-4-68 SEC 31-4-67
o
I 111111 11111 llll 11111111 HUH 1111111 III 11111 Illl I'll
Wz
3143330 01/12/2004 11:09A Weld County, CO • E
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NN it
PIS
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED SE Cor
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO Sec 36-4-68
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
0 50 100 200
WELD COUNTY PUBLIC WORKS DEPARTMENT liall l
SLR," LYS
DE:isn WELD COUNTY ROAD 13 DEED
°^A. DESCRIPTION
DATE AUGUST II, 2003 EXHIBIT MAP
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