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Home My WebLink About841264.tiff AttS%J422 -- RESOLUTION RE: AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY AND FOR PAYMENT FOR USE OF EASEMENT -- BLANCHE DIETZ. 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, Blanche Dietz is the owner 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 Blanche Dietz 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. \Ill ,? '"1 �. BOARD OF COUNTY COMMISSIONERS ATTEST d:L r v,/ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Norman Carlson, Chairman �' �� ►.�. BY- r ��.y-C/C d,( 1 ac Duel\e Johnson , ro Tem rOunty Clerk to form: -- Gene Brantner Chuck Carlson Cou y Attor ey i /)/. hn Martin B 1027 REC 01963422 04/17/84 15: 39 $0. 00 1/008 F 1108 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO O,_-5c.-2 841264 r. .... VACANT LAND AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY AND FOR PAYMENT FOR USE OF EASEMENT T Likk IS AGREEMENT, made at Greeley, Colorado, this . ./j-- day of aka- , 19 Ty- , between WELD COUNTY, COLORADO, hereinafter "Purchaser" , and BLANCHE DIETZ , hereinafter Seller. WITNESSETH: That in consideration for the payment by the Purchaser to Seller of good and valuable consideration, Seller agrees 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 Seller of the sum of $15 ,000 . 00 , in cash, and other good and 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 deed con- veying only the surface rights of the right-of-way. Title insurance need not be provided by Seller except as provided in paragraph 5 . 2 . Title shall be merchantable in Seller, 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, Seller 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 the Page 1 of 4 Pages B 1027 REC 01963422 04/17/84 15: 39 $0. 00 2/008 F 1109 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 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, Seller shall use reasonable effort to correct said defect (s) prior to date of closing. If 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 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) , Seller 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 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 or 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 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 SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all Page 2 of 4 Pages B 1027 R$C 01963422 04/17/84 15: 39 $0 . 00 3/008 F 1110 Mi&RY 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) 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. If this proposal is accepted by Seller in writing and purchaser receives notice of such acceptance on or before Mar-eh A raI3, 1984 , this instrument shall become a contract between Seller, 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 B 1027 REC 01963422 04/17/84 15: 39 $0. 00 4/008 F 1111 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • IN WITNESS HEREOF, the parties hereto have subscribed their names thiiis,� 21st day of March , 1984 . ATTEST: n/ BOARD OF COUNTY COMMISSIONERS f WELD COUNTY, COLORADO Weld County Clerk and Recorder and ea- a-.� Clerk to the Boa"/ Chairman for Purchaser D put/�yo ntyLC/ (The following section to be completed by Seller. ) Seller accepts the above proposal this 13 day of 1 , 19 $ L}- . By: By: SUBSCRIBED AND SWORN to before me this /3 day of . 19 9.-/ . WITNESS my hand and official seal. No ry Public ADDRESS: My commission expires: / ;t 9� /9f7� � 1 630 G^ ::' E ',.. ..-.s` PI AZq 1GREELEY, COL 0:,. Gc.31 I. ..--- ..• y� •. \0TAR i' ; i 1,�P or C O urfr. - B 1027 REC 01963422 04/17/84 15: 39 $0. 00 5/008 F 1112 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 4 of 4 Pages I EXHIBIT A 4LNW COR, S1/2 SW1/4 NW 1/4 SEC . 33-1-68 / 80' i U S1/2 SW1/4 NW1/4 Lc W1/4 COR , (NO SCALE) 15' CONSTRUCTION EASEMENT I 75' X 75' CONSTRUCTION EASEMENT HOBBS, BLANCHE NKA SW1/4 DIETZ, BLANCH G . Ja 12430 1sT CD _ NORTHGLENN, CO 30241 Lc CV -I� b COCD 7- CSHD R. O. W. (STATE HWY . 7) l80' I Ln SW COR , SEC . 33-1-68 W 80' OF THE S1/2 SI'!1/II NW1/4 AND SW1/4 SEC , 33-1-68, LESS EXISTING RIGHTS-OF-WAY . AREA = 5. 92± ACRES . PREPARED BY : NEL N ENGINEERS GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 B 1027 REC 01963422 04/17/84 15 : 39 $0 . 00 6/008 F 1113 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Recorded at o'clock M, on BOOK Page Reception No. • Recorder Warran/f (Jeflt 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 GRANTEF 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, if the spouse of the owner-grantor is joining in this Deed to release homestead rights. identify grantors as husband and wife.) Blanche Hobbs, now known as Blanche G. Dietz 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 joint tenancy"or words of the same meaning are added in the space below.) • The following described right of way and easement located in Weld County, Colorado: PROPERTY DESCRIPTION: (Include county and state) The West 8Q et. Cad he South Half Southwest Quarter Northwest Quarter aria/Souteliwestt uarter of Section 33, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado , consisting of 5. 92 acres, more or less. • • CONSIDERATION: (The statement of a dollar amount is optional, adequate consideration for this deed will he presumed unless this FIFTEEN THOUSANDyu DOLLAt RS as($gtiift5 in 685a ed�s�conveyance is absolute, final and unconditional) RESERVATIONS-RESTRICTIONS: IIf the GRANTOR intends to reserve any interest in the property or to convey less than he owns,or if the GRANTOR is restrictin the GRANTEE'S rights in the property, make appropriate indication.) Grantor reserves to her 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 all apparent easements. iy,�-� ,�_`-4, �J -Ii , Signed on April 13 19 84 4 Attest: Grantor 1' "Os I t.., Grantor $,T} E't5FCFiLOjA�DO ss. ��j We3d • ) Grantor <Fhe ddiflghn≥fil rnent was acknowledged before me this 13th day of . April , 19 84 -iecipke Ho' $s, now known as Blanche G. Die j I ' � NA-A �and and official seal. f �a.r�/y J¢� �_ -� ,lvtycd/r1Eliikslon lies. September 9, 1987 � , P �. ADDi�'-. -Notary Public • STAT�/15 CHOP ) 630 _._,. . '. PLAZA COUNTY ) ss' GREELEY. V 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 ( 5 \-/) _ NO. 201 P.O. BOX 1815, GREELEY, COLORADO 80632 B 1027 REC 01963422 04/17/84 15: 39 $0. 00 7/008 F 1114 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SETTLEMENT STATEMENT SELLER: Blanche Hobbs, now known as Blanche G. Dietz BUYER: Weld County, Colorado PROPERTY: The West 80 fort of the South Half Southwest Quarter Northwest Quarter and Southwest Quarter of Section 33, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, consisting of 5.92 acres SETTLEMENT DATE: April 13, 1984 more or less CLOSING DATE: April 16 , 1984 DUE SELLER: Selling Price $ 15 ,000 . 00 TOTAL DUE SELLER $ 15 ,000 . 00 CREDIT PURCHASER: Down payment $ -0- First Deed of Trust assumed by Purchaser $ -0- Seller' s Share of 198 taxes, due and payable in 198 $ TOTAL PURCHASER CREDITS $ -0- BALANCE DUE SELLER $ 15 ,000. 00 NOTE 1: The following closing costs to be paid by Buyer: Documentary Fee $ Exempt §39-13-102 , CRS Record Warranty Deed $ Exempt §30-1-103 , CRS Record Assumption Agreement $ N/A Assumption Fee $ N/A Owner' s Title Insurance Premium $ N/A Tax Certificate $ N/A n • APPROVED AS final statement this rb day of Hitt" 19 $4 V S ler _r r�_ s�9 G t:- ya 27 B 1027 REC 01963422 04/17/84 15: 39 $0. 00 8/008 F 1115 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Hello