HomeMy WebLinkAbout841262.tiff AR2d05981
RESOLUTION
RE: AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY AND FOR PAYMENT FOR USE
NO OF EASEMENT -- TRUSTEES OF WHEATON COLLEGE.
0 U
o\ WHEREAS, the Board of County Commissioners of Weld County, Colorado,
ti O
C) pursuant to Colorado Statute and the Weld County Home Rule Charter, is vested
A
a
0 3 with the authority of administering the affairs of Weld County, Colorado, and
o W WHEREAS, the Board of County Commissioners deems it in the best interests
A
a O of Weld County to purchase a certain parcel of land between State Highway 7
0
W
W
r x and Weld County Road #6, and
.. w
° W WHEREAS, Trustees of Wheaton College are the owners of said property, and
a
m U WHEREAS, it is in the best interests of Weld County to make an offer to
z purchase, in lieu of condemnation proceedings, according to the terms and
H H
\ W
o conditions as set forth in the agreement, a copy of which is attached hereto
a
,i A and incorporated herein by reference.
cold
01 r.14
o z NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Oz
o < Weld County that the agreement for Sale and Purchase of Right-of-way and for
N
Wa Payment for Use of Easement with Trustees of Wheaton College be, and hereby
in .I is, approved.
1/40 l0
0V
H5-1 BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
Pq Gti
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.
N-71.1 il y 1"r- BOARD OF COUNTY COMMISSIONERS
ATTEST
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
de-y�a-n..-._
and Clerk to the Board Norman Carlson, Chairman
BY y, i2 'ri,ut ��(, -/ -ii—o a..u-?ie Johnson, Pro Tern
f Depaty County Clerk e u
Approved as to form: 'Gene
�� � �
uck Carlson
County Atto ney 2
2
J Martin
n n
1'.'� , ;. •.:,it ' .,�X ,
C3cXfit 841262
•
EXHIBIT A
1/16 CORNER
N O
O O �-
Ir40'
N U I ENO SCALE)
a i
• Og
�a • I
8 S 1/2 NE 1/4
I-- W +1
o TRUSTEES OF WHEATON COLLEGE
✓ M WHEATON, ILLINOIS 60187
x ' 1
�r1 a
m U
•
\ I
2▪ H ISO;
•zr\W
H 15'
• a CONSTRUCTION
•
EASEMENT
• co w I E 1/4 CORNER SEC . 32-1-68
No o
<CC
O I
II1 N
O .
O N8
W
E 40' OF THE S _1/2 NE 1/4
` I SEC, 32-1-68, LESS
E 1/1.6 COP.,SEC, 32-1.68 EXISTING RIGHTS-OF-WAY,
AREA = 1.21± ACRES
PREPARED BY:
M1
at
*NELSON ENGINEERS
£ GREELEY NATIONAL PLAZA
TEMPORARY CONSTRUCTION EASEMENT = ' /�, `
,J(yU+- ° RES 872 7TH STREET GREECE V,COLORADO 8063
Aft?005979
. -r.at _ __ _x b" _. . _ __
Retention No _ _.. _—__ . icorder. - '
oU THISDEED, Madethis 026.414day of /et44w..a/ ,19FS,
ri O between the Trustees of Wheaton College, Wheaton, Illinois
v
a -of Ehe Gou4aty.of- -and ctate_nf_
00 3 -Golosade,of the first part,and AllAn Pezoldt
a PC
v} W
CIwhose legal address is 1215 Bonfoy, Colorado Springs,
W of the County of El Paso and state of
Colorado,of the second part,
to W j WITNESSETH,That the said party of the first part,for and in consideration of2aiinimxafx good and
Lo valuable consideration xA X
W ' to the said party of the first part in hand paid by the said party of the second part,the receipt whereof
In F7 I is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these
ao V
� presents do eSremise,release,sell,convey and QUIT CLAIM unto the said part y of the second part, his heirs,
HHi successors and assigns,forever,all the right,title,interest,claim and demand which the said party of the first part I
Eha s in and to the following described lot or parcel of land situate,lying and being in the County
o'rli W '�I of Weld and State of Colorado,to wit: The East 40 feet of the South Half
w of the Northeast Quarter (S;NEa) , Section 32 , Township 1 North,
O\ p Range 68 West of the 6th Principal Meridian, Weld County, Colorado,
m ., consisting of 1. 21 acres more or less.
in
02
N <
O
Ua
W
1n 01
1/40 D'1
o er
II
ri ri
1
P1 Ga II
also known as street and number
TO HAVE AND TO HOLD 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
said part y of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of
the second part, his heirs and assigns forever.
IN WITNESS WHEREOF,The said part y of the first part has hereunto sett ts hand
and seal the day and year first above written. THE TRUSTEES OF WHEATON COLLEGE
(SEAL]
Signed,Sealed and Delivered in the Presence of r/ j� f�
ATTEST: (}��—� - !^ 't.af l!r7% [SEAL] II
oc_! .ems- .� David E. Jo ston
Senior Vice President [SEAL]
David A. Teune, Investment ManagerH
ILLINOIS [SEAL]
STATE OFeetett*13e,
1 ss.
County of DuPage -
The foregoing instrument was acknowledged before me this 26th day of February
19 85,by David E. Johnston, Senior Vice President, and David A. Teune, Investment`.
Manager.
My commission expires July 22 ,19 85.Witness my hand and official seal.
\'t E /. y,
I0TAR {'.A
... Notary Public.
No.933.QUITCLAIM DEED.Bradford Publishing Co.,1624-46Stout Street,Denver,Colorado(573-501N-9/77
AR2105978 .,-.-% �,
Recorded at_— —. o'clock_—_ _M., —
Reeepti_.: No Rec,,.der.
THIS DEED, Made this 12th day of April ,1985
between AllAn Pezoldt, 1215 Bonfoy, Colorado Springs,
of the County of El Past) and state of
Colorado,of the first part,and the Board of County Commissioners of Weld County, !
Colorado I
whose legal address is 915 Tenth Street, Greeley, III
II of the County of weld and state of III
I
! Colorado,of the second part,
WITNESSETH,That the said part of the first part,for and in consideration of the sum of Two THOUSAiAD..
FIVE HUNDRED an3d1'1no/y1Q101 C 1'1 e g DOLLARS,
ato thet)said part yO offthe firsstt paart iin hand paid byy toe adid patty n of the second part,the receipt whereof li
is hereby confessed and acknowledged, ha Sremised, released, sold, conveyed and QUIT CLAIMED, and by these
presents do a Sremise,release,sell,convey and QUIT CLAIM unto the said part y of the second part, its heirs,
successors and assigns,forever,all the right,title,interest,claim and demand which the said party of the first part I!
ha S in and to the following described lot or parcel of land situate,lying and being in the County
of Weld and State of Colorado,to wit: The East 40 feet of the South Half 'I
of the Northeast Quarter (S'NE4) , Section 32, Township 1 North,
Range 68 West of the 6th Principal Meridian, Weld County, Colorado,
consisting of 1 . 21 acres, more or less. I
i
I
ii
I
I I,
Ii
I •
i
also known as street and number
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto I ICI
belonging or in anywise thereunto appertaining, and all the estate,right,title,interest and claim whatsoever,of the
I said part y of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of
the second part,itS heirs and assigns forever.
IN WITNESS WHEREOF,The said part y of the first part has ��heerreeunto set his hand
and seal the day and year first above written. / 7�� ^""(/ „J
[SEAL]
Signed,Sealed and Delivered in the Presence of
jSEAL]
•
[SEAL]
[SEAL]
STATE OF COLORADO,
J ss,
County of El PRS0 •
i The foregoing instrument was acknowledged before me this 12th day of April
1985 .y�"'''Rrllan Pezoldt
H
ot.. .... ire, It
`k My commigsaleg pires November 12 ,19 86.Witness my hand and official seal.
Ca ,\ 'TAj y t .
17-17—o-
0% rt/BOv .o '
`o ols.,,� or- Ail
%..-......--, ` .C r Notary Public. ��I
� , t 1388 E.918178 Prc8 0.SP.S..,O 80909 I
I I
I
B 1065 REC 02005978 04/16/85 16: 14 $0. 00 1/001 ••I
L F 1458 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO II
No.933.QUITCLAIM DE ED.—Bradford Publishing Co.,1824-46 Stout Street,Denver,Colorado(673-6011)-9/77
•
AR2005980
no
O•U
I, GEORGE B. NEWITT, do hereby certify that I am the duly authorized,
o qualified and acting Secretary of the Board of The Trustees of Wheaton
College, otherwise known as Wheaton College, a corporation organized by
Special Act of the General Assembly of the State of Illinois, and conducting
O Wheaton College at Nhieaton, Illinois.
o x And I do hereby certify that the following resolutions were duly adopted
cow
at a regular meeting of the Executive Committee of the Board of Trustees of
o The Trustees of Wheaton College on the 17th day of September, 1980.
Lna
w • RESOLVED that any parcel of real property owned by the
g College may at any time be sold, conveyed, transferred or
w assigned by Warranty or Quit Claim Deed executed on behalf
,n a of the corporation by either the President or Vice
co v President for Finance and any one of the following officers:
k•clz
H
Investment Manager
E Controller
• CO Director of Finance
co w FURTHER RESOLVED that the foregoing resolution shall remain
N in full force and effect until the same shall be modified or
o z revoked by resolution adopted by the Board of Trustees of
(" this Corporation or its Executive Committee.
w FURTHER RESOLVED that all persons to wham a certified copy
x of these resolutions may have been delivered may rely on the
In o same as being in full force and effect unless and until
1O 1°
oVD written notice of modification or revocation thereof shall
▪ r, have been received by them.
mw
And I further certify that the following named persons are the occupants
of said offices:
President: J. Richard Chase
Vice—President for Finance: David E. Johnston
Investment Manager: David A. Teune
Controller: Patrick T. Brooke
Director of Finance: James T. Hakes
Also that said resolutions are still in full force and effect.
IN WITNESS WHEREOF I have hereunto subscribed my name as such Secretary
and affixed the corporate seal of said Corporation this 25th day of
February A.D. , 1985 /J
:fie?YjB -% 6
;r"r� \9� Secretary
‘^s
rat
tehe to4ro I ulna
0o
i
! I '
t. Lit / /
/VACANT LAND
AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY
AND FOR PAYMENT FOR USE OF EASEMENT
day of
THIS AGREEMENT , made at Greeley,, Colorado,betwen thisWELD COUNTY,
COLORADO, hereinafter "Purchaser" , and TRUSTEES OF WHEATON
COLLEGE, hereinafter Seller.
WITNESSETH:
That in consideration of the payment by the Purchaser to
Seller of the sum of $200 . 00 , in cash, and other good and
valuable consideration, Seller agrees to allow Purchaser to use
ne easement for the construction easemeconstruction of nt, attached hereto County Road 5 as shown
in Exhibit "A, " reference, hereinafter referred to as the
herein by
"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
t
WITNESSETH:
That in consideration of the payment by the Purchaser to
and
Seller of the sum of $2 ,550 . 00 , in cash, and other g
valuable consideration, Seller agrees to sell to the Purchaser
and the Purchaser agrees to purchase from Seller 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 . Seller shall furnish to Purchaser a warranty of Wy deedy. Tcon-
veying only the surface rights of the rig rovided in
insurance need not be provided by Seller except as p
paragraph 5 .
2 . Title shall be merchantable in Seller , except as stated
in this paragraph and in paragraphs 5 and 6 . Subject to payment the
or tender as above oand compliance
iSellebry shall Purchaser execute with and
other terms and provisions hereof ,
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 19$5 taxe s except
nt
general taxes for 1984 , payable January 1 ,
clear of all liens for special improvements installed as of the
Page 1 of 4 Pages
•
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 Seller or Seller' s
agent on or before date of closing, Sel r shall use
selosingreasonable
le
effort to correct said defect (s) prior to date
Seller is unable to correct said defect (s) on or before date of
closing, at Seller' s option and upon written notice to Purchaser
or Purchaser' s agent on or before date of closing, the
date
ate of
closing shall be extended thirty (30) days for the purpose
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) , Seller may, within said
thirty (30) days, obtain a commitment for owner' s title insurance
policy in the amount of the purchase price reflecting ect the title
insurance protection in regard to such defect (s) ,
chaser shall have the option of accepting the then existing
insured title in lieu of such merchantable title. The Seller
shall pay the full premium for such owner' s title insurance
policy.
6 . The Seller agrees to release the Purchaser from all
consequential damages except damages caused by the negligent
or
willful misconduct of the Purchaser or its employees , present
prospective, to the remainder of Seller' s 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
e
received as earnest money hereunder or any other payment
ue
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 SELLER IS IN DEFAULT, (1) Purchaser may elect to
treat this contract as terminated, in which case all
Page 2 of 4 Pages
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) Seller 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 Seller and Seller may
recover such damages as may be proper, or (2) Seller may
elect to treat this contract as being in full force and
effect and Seller 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 Seller' s 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 Seller' s
fenceline, after closing, but prior to the final completion of
Weld County Road 5 .
If this proposal is accepted by Seller in writing and
purchaser receives notice of such acceptance on or before March
28 , 1984 , this instrument shall become a contract between Seller,
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.
Page 3 of 4 Pages
IN WITNESS HEREOF, the parties hereto have subscribed their
names this 21st day of March , 1984 .
ATTEST: 7Y7 anvhhfmfv BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County gerk and Recorder
and Clerk to the Board By: `
--..‘\
Chairman for Purchaser
BI
\ (17%--7 ; n, kg-7(-4-)
De uty County Clerk
(The following section to be completed by Seller. )
Seller accepts the above proposal this day of
, 19 .
By:
By:
By:
SUBSCRIBED AND SWORN to before me this day of
, 19
WITNESS my hand and official seal.
Notary Public
My commission expires:
Page 4 of 4 Pages
Hello