HomeMy WebLinkAbout890989.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE AND SALE OF VACANT LAND FOR
RIGHTS-OF-WAY AND/OR EASEMENTS AND AUTHORIZE CHAIRMAN TO SIGN
NECESSARY DOCUMENTS
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 an Agreement
between Weld County and Daniel Buxman and Mildred L. Buxman, for
the Purchase and Sale of Vacant Land for Rights-of-Way and/or
Easements for construction on Weld County Bridge 29/62B, and
WHEREAS, said rights-of-way and temporary construction
easements being granted by Daniel Buxman and Mildred L. Buxman are
located in the W} of Section 33, Township 6 North, Range 66 West
of the 6th P.M. , Weld County, Colorado, and
WHEREAS, the terms and conditions are as stated in said
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement for the
Purchase and Sale of Vacant Land for Rights-of-Way and/or
Easements between Weld County and Daniel Buxman and Mildred L.
Buxman be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement and other necessary
documents.
890989
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Page 2
RE: RIGHTS-OF-WAY AND/OR EASEMENTS - BUXMAN
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 11th day of
September, A.D. , 1989.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County C erk and Recorder -
and Clerk to the Board C.W. Kip y, C airman
• EXC
BY: dp ju� 9�j_ Ja line Johnson, Pr
D uty ounty Cl rk e//�y✓
APPROVED AS TO FORM: Gene R.(%JAL(BraiS
•• ..) George Ken ed
f
County Attorney
Gordo g> cy 7(14
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890989
AR2191928
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS
0 o IS AGREEMENT, made and entered this /� day of
ale/ti J , 19 89 , by and between Weld County,
,gyp Colorado,Jby and through the Board of County Commissioners of the
County of Weld, Colorado, hereinafter referred to as "County, " and
Daniel Buxman and Mildred L. Buxman
6-4
a 44
0 3 hereinafter referred to as "Owner. "
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2 WHEREAS, County wishes to purchase from Owner certain lands
o described below for the purpose of providing County with a right-
al of-way, and
o WHEREAS, Owner wishes to sell. to County the land for right-
of-way for the consideration below mentioned.
oo WITNESSETH:
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H H That in consideration of the payment by County to Owner of
mo\ FI the sum of One Hundred Seventy Five Dollars and no/100's
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($ 175.00 ) , in
mull cash , and other good and valuable consideration, Owner agrees to
cn w sell to County and County agrees to purchase from Owner the
z right-of-way and/or easements described in Exhibit(s) "A" & "B"
N zz which is attached hereto and is incorporated herein by reference .
Any right-of-way described therein is hereinafter referred to as
"right-of-way, " and any easement described therein is hereinafter
described as either "temporary easement" or "permanent easement. "
N The agreement of sale and purchase of right-of-way and
H Temporary Easement is subject to the following conditions:
1 . Owner shall furnish to County a Warranty Deed
conveying only the surface rights of right-of-way and
Temporary Easement
Title insurance for said right-of-way need not be
provided by Owner.
2 . Title shall be merchantable in Seller, except as Stated
in this paragraph and in paragraph 5 . Subject to
payment or tender as above provided and compliance by
County with the other terms and provisions hereof, Owner
shall execute and deliver a good and sufficient
warranty Deed to County at a time and place agreed upon
by both parties , conveying the parcel free and clear of
all taxes , except general taxes for 1989 , payable
January 1 , 1990 , free and clear of all liens :or
Page 1 of 5 Pages 891989
special improvements installed as of the date of the
County' 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
0 o building and zoning regulations and reserving all
o mineral rights to the Owner.
NO
3 . General taxes for the year 1989 shall be
a apportioned to the date of delivery of the Deed based on
O 3 the most recent levy and the most recent assessment.
to-g 4 . The date of closing shall be the date of delivery of
osaid Deed and the receipt of payment by Owner.
a5 . Except as stated in paragraph 2 and this paragraph, and
m if title is not merchantable and written notice of
defect (s) is given by County or County ' s agent to Owner
or Owner' s agent on or before date of closing, Owner
a shall use reasonable effort to correct said defect (s)
cn
coo prior to date of closing. If Seller is unable to
n z correct said defect (s) on or before date of closing, at
H
Owner ' s option and upon written notice to County or
O10 County ' s agent on or before date of closing, the date of
closing shall be extended thirty (30) days for the
005 purpose of correcting said defect(s) . Except as stated
rn in paragraph 2 , if title is not rendered merchantable as
z provided in this paragraph 5 , at County' s option, this
N contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder
a and all payments and things of value received hereunder,
a if any, shall be returned to County, provided that in
o lieu of correcting such defect(s) , Owner may within said
thirty (30 ) days , obtain a commitment for Owner' s title
o insurance policy in the amount of the purchase price
m w reflecting title insurance protection in regard to such
defects , and the County shall have the option of
accepting the then existing insured title in lieu of
such merchantable title. The Owner shall pay the full
premium for such Owner' s title insurance policy.
6 . The Owner agrees to release County from all
consequential damages , except as otherwise set forth
herein in paragraph 8 and except damages caused by the
negligent or willful misconduct of the County or its
employees , present or perspective , to the remainder of
Owner ' s property arising out of the construction ,
operation, maintenance, or repair of the roadway to be
constructed thereon.
7 . Time is of the essence hereof. All notes or checks
received as earnest money hereunder, if any, or any
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Page 2 of 5 Pages 890989
other payment due hereunder, if any, 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:
No
o v a. IF OWNER IS IN DEFAULT
O
m• o 1 . County may elect to treat this contract as
terminated , in which case all payments and
things of value received hereunder, if any,
0 3 shall be returned to County and County may
x recover such damages as may be proper, or
2 2 . County may elect to treat this contract as
being in full force and effect, and County
d a shall have the right to an action for specific
m performance or damages, or both.
0
a b. IF COUNTY IS IN DEFAULT
w v 1 . Owner may elect to treat this contract as
Ln z terminated, in which all payments and things
H H of value received hereunder, if any, shall be
m F forfeited and retained on behalf of Owner and
a Owner may recover such damages as may be
coA proper, or
N A
atiw 2. Owner may elect to treat this contract as
,O1yz being in full force and effect and Owner shall
N have the right to an action for specific
performance or damages, or both.
v a
c. Anything to the contrary herein notwithstanding, in
the event of any litigation or rising out of this
N C11 contract, the Court may award to the prevailing
el party all reasonable costs and expenses , including
w attorneys fees
8 . Possession of the parcel for right-of-way shall be
delivered to the County upon closing and shall not be
subiect to any leases or tenancies. Owner shall assume
all costs of compensating any tenants or lease holders
for any damages as a result of the taking bf any
remainder.
9 . Owner represents and warrants as of the date hereof and
as of the date of the closing that neither the execution
of this contract nor the consummation of the transaction
provided for herein constitutes , or will result in , any
breach of any of the terms , conditions , or provisions,
or constitute a default under , any indenture , charter,
Page 3 of 5 Pages 890989
by-law, mortgage, loan agreement, lien, lease , license,
judgment, decree , order, instrument or other verbal or
r.- o written agreement to which Owner is a party of or is
0 U subject to or to which the property is subject, except
as provided herein .
t o
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O 10 . It is agreed that County has authority pursuant to State
o a statute to condemn right-of-way for the construction of
03 a public road and this proposal is made in lieu of
o a exercise of this power of condemnation.
0 11 . This agreement embodies all agreements between the
a parties hereto and there are no promises , terms ,
d a conditions, or obligations referring to the subject
m matter whereof other than as contained herein .
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ac 12 . This agreement shall be deemed a contract extending to
1.4
and binding upon the parties hereto, and upon their
co co U representative heirs , devisees, executors,
,P z administrators , legal representatives , successors and
a assigns, that only when the same has been approved by
o, H the Board of County Commissioners of the County of Weld,
0 a on behalf of Weld County, Colorado.
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CA w 13 . Other:
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V, N IN WITNESA4, HEREOF , the parties hereto have subscribed their
N names this.`',` =" day of _ ».1:.;L, , 19 ,-P;'
o —
m G+ 'NS, t BOARD OF COUNTY COMMISSIONERS
ATTEST a s, ` ° ", WELD COUNTY, COLORADO.
+E? t3,-.a '},
Weld crspav, rkCand Recorder 7A.-t.�y
and Cte Wtt brie &lard Chairman /J
By: 2l `
Deputy County erk
(The following section to be completed by Owner. )
/37 r acc is the above /`-'`-p proposal this �7 day of
//yeti , 1917.
BY: i a-ne-- cett/efl cf-14i
Page 4 of 5 Pages 890989
SUBSCRIBED AND SWORN to before me this day of
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19
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WITNESS my hand and official seal .
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Notary Public
o a My commission expires:
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Owner accepts the above proposal this day of
<ra , 19
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By:
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u\iZ SUBSCRIBED AND SWORN to before me this day of
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O CflWITNESS my hand and official seal.
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N Z Notary Public
r My commission expires:
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890989
Page 5 of 5 Pages
PARCEL NO. 3 DANIEL AND
REV. 1 MILDRED L. BUXMAN
EXHIBIT "A"
DESCRIPTION
o OU A tract or parcel of land no. 3 of Weld County, Project No. 29/62B
containing 0.338 acres, more or less, in the W 1/2 of Section 33, T.6N. ,
ko O R.66W. , of the 6th P.M. , in Weld County, Colorado, said tract or parcel
being more particularly described as follows:
O
a
0 3 Beginning at a point on the east right-of-way line of the county
road (1989) from which the NW corner of Section 33, T.6N. , R.66W. ,
oW
6th P.M. bears N. 27°39'00" W. a distance of 2,862.41 feet;
O1. Thence N. 89°01'31" W. a distance of 25.00 feet to the center
of the county road (1989);
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o a 2. Thence S. 00°58'29" W. a distance of 365.00 feet along the
center of the county road (1989) to the center of the Cache La
A Poudre River;
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z3. Thence S. 68°31' 31" E. a distance of 42.70 feet along
Hthe center of the Cache La Poudre River;
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o z 4. Thence N. 00°58'29" E. a distance of 353.98 feet;
N O 5. Thence N. 29°01'31" W. a distance of 30.00 feet,
• [y more or less, to the point of beginning.
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N 4
The above described parcel contains 0.338 acres, more or less, of which
U 0.212 acres are in the right-of-way of the present road.
d d Basis of Bearings: Assuming the north line of said Section 33 as bearing
N. 90°00'00" E. from the NW corner of Section 33, T.6N. , R.66W. , 6th P.M.
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: ldbuxman
890989
BRO 0003(7)
TE4
REV. 1
EXHIBIT "B"
i
o TEMPORARY EASEMENT
0
U The Owner's property, of which Temporary Easement No. TE4 is a part
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a thereof, is more particularly described as follows:
0
o c4 Part of the W 1/2 of Section 33, Township 6 North,
yr f7 Range 66 West of the Sixth Principal Meridian,
2 County of Weld, State of Colorado.
O
7 WHEREAS, the description of Temporary Easement No. TE4 within the
M a Owner's property is more particularly described as follows:
- o
0
,ix A rectangular area of land, 205' X 300' , lying parallel
to and adjacent to the project's easterly right-of-way
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u line from station 8+50, left, and extending southerly
to station 11+50, left, as 2part of Weld County Project
H No. BRO 0003(7).
rn E
aThe above described Temporary Easement No. TE4 is for the purpose of
m channel improvements.
N f+7
°' � Temporary Easement No. TE4 shall be null and void thirty (30) days
m after completion of construction.
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890989
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