HomeMy WebLinkAbout890992.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 Dan C. Wacker, Jr. , and Kathleen L. Wacker
for the Purchase and Sale of Vacant Land for Rights-of-Way and/or
Easements for construction on Weld County Bridge 7/42A, and
WHEREAS, said rights-of-way and temporary construction
easements being granted by Dan C. Wacker, Jr. , and Kathleen L.
Wacker are located in the SE$ of Section 21, Township 4 North,
Range 68 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 Dan C. Wacker, Jr. , and Kathleen
L. Wacker 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.
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RE: RIGHTS-OF-WAY AND/OR EASEMENTS - WACKER
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: FlntiJ WELD COUNTY, COLORADO
Weld County erk and Recorder A
and Clerk to the Board C.W.Kii y, Ch irman
EXCU E
BY: dt2 ) ff 7,,Q ) Jac ine Johns , Pro-T m
Deputy 1ounty Clerk
APPROVED AS TO FORM: e e R. antner
->CL. George Kenne
County Attorney
Gordo
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AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS
THIS AGREEMENT, made and entered this /4 th day of
4.✓U/tt/� , 19 89 , by and between Weld County,
Colorado, byfand through the Board of County Commissioners of the
County of Weld, Colorado, hereinafter referred to as 'County, " and
Dan C. Wacker, Jr. and Kathleen L. Wacker -
__ hereinafter referred to as "Owner. " I0, bi'
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WHEREAS, County wishes to purchase from Owner certain lands Ia. a.
described
dnbelow for the purpose of providing County with .a right- _I
right-
of-way,
WHEREAS, Owner wishes to sell to County the land for right- I N
D),
of-way for the consideration below mentioned. Iz l
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WITNESSETH: . w 1/4O
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That in consideration of the payment by County to Owner of I coz o
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the sum of A;e fl 4 d „ i i rc nd �� J L , ; y up
T� Netai&.P Fi rat ,+ niOroo - - ($ 2043-eerc,2g) — ) , in LU : H
cash, and other good and valuable consideration, Owner agrees tot�d,-j r
sell to County and County agrees to purchase from Owner the /It, �
right-of-way and/or easements described in Exhibit(s) "A" "B", & "C" ti
which is attached hereto and is incorporated herein by reference. • , i--,
Any right-of-way described therein is hereinafter referred to as o, up
"right-of-way, " and any easement described therein is hereinafter I I upW
described as either "temporary easement" or "permanent easement. " lie-5
is
The agreement of sale • and purchase of right-of-way and ; a
Temporary Easement is subject to the following conditions: z o
1 . Owner shall furnish to County a Warranty Deed , g o
conveying only the surface rights of right-of-way and d
a Temporary Easement I n
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Title insurance for said right-of-way need not be , o m
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provided by Owner.
2 . Title shall be merchantable in Seller, except as htated
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
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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 for
Page 1 of 5 Pages
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special improvements installed as of the date of the
c o County' s signature hereon, whether assessed or not; free
No and clear of all liens and encumbrances, and except the
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o recorded and/or apparent easements, and subject to
UI building and zoning regulations and reserving all
a , mineral rights to the Owner.
o• ' 3 . General taxes for the year 1989 shall be
co-cil apportioned to the date of delivery of the Deed based on
- 2 the most recent levy and the most recent assessment.
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u 4 . The date of closing shall be the date of delivery of
Msaid Deed and the receipt of payment by Owner.
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'-' M ; 5 . Except as stated in paragraph 2 and this paragraph, -and
a if title is not merchantable and written notice of
co defect (s) is given by County or County' s agent to Owner
,n z or Owner's agent on or before date of closing, Owner
rnH shall use reasonable effort to correct said defect(s)
o m prior to date of closing. If Seller is unable to
a ' correct said defect (s) on or before date of closing, at
N 5 Owner's option and upon written notice to County or
rn wI County's agent on or before date of closing, the date of
o z closing shall be extended thirty (30) days for the
N Z ' purpose of correcting said defect(s) . Except as stated
o in paragraph 2, if title is not rendered merchantable as
w , provided in this paragraph 5 , at County ' s option, this '
contract shall be void and of no effect and each party
., ,� hereto shall be released from all obligations hereunder
.* .-s and all payments and things of value received hereunder,
(Net
,• . if any, shall be returned to County, provided that in
m w lieu of correcting such defect(s) , Owner 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
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 . Owner agrees to release County f 11
conseauen es , except as othe set forth
herein in paragraph 8 a ages caused by the
negligent or willful misc ct o unty or its
employees , present erspective, to the remain of
!} Owner' s prope arising out of the construction, .
operatio , maintenance, or repair of the roadway to be
con .ucted 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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other payment due hereunder, if any, is not paid,
co 0 o honored or tendered when due, or if any other obligation
hereunder is not performed as herein provided, there ;
M o shall be the following remedies:
o
a. IF OWNER IS IN DEFAULT
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1 . County may elect to treat this contract as
y.N terminated, in which case all payments and
things of value received hereunder, if any,
o , shall be returned to County and County may
.rc recover such damages as may be proper, or
M w 2. County may elect to treat this contract as
x ' being in full force and effect, and County
shall have the right to an action for specific
0 u performance or damages, or both.
"iz b. IF COUNTY IS IN DEFAULT
H
o a 1. Owner may elect to treat this contract as
terminated, in which all payments and things
of value received hereunder, if any, shall be
w forfeited and retained on behalf of Owner and
rn z Owner may recover such damages as may be
w proper, or
2. Owner may elect to treat this contract as
being in full force and effect and Owner shall
have the right to an action for specific1.0
'4' .--1 performance or damages, or both.
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m w c. Anything to the contrary herein notwithstanding, in
the event of any litigation or rising out of this
contract, the Court may award to the prevailing
party all reasonable costs and expenses, including
attorneys fees
8 . Possession of the parcel for ri - ay shall be
delivere nt u osing and shall not be
subject to any lease en er shall assume
n all costs of ensating any tenants or lease o ers
('� UJ/ for an ages
` as a result of the taking of any
'NY` ( re er.
� . 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,
890992
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Q by-law, mortgage, loan agreement, lien, lease, license,
0 a judgment, decree, order, instrument or other verbal or
0 3 written agreement to which Owner is a party of or is
° a subject to or to which the property is subject, except
0 A as provided herein. -
a . 10 . It is agreed that County has authority pursuant to State
mz statute to condemn right-of-way for the construction of
• m a public road and this proposal is made in lieu of
o exercise of this power of condemnation.
z
a 11 . This agreement embodies all agreements between the
coo parties hereto and there are no promises , terms,
Ln z conditions, or obligations referring --to the subject
ei H matter whereof other than as contained herein.
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0 a 12 . This agreement shall be deemed a contract extending to
,oz and binding upon the parties hereto, and upon their
(NJ w representative heirs , • devisees, executors,
H administrators, legal representatives, successors and
01 z assigns, that only when the same has been approved by
N 4 the Board of County Commissioners of the County of Weld,
0aii on behalf of Weld County, Colorado.
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x 13 . Other: davezen tO ,Q'nMrrre e&#- waZ tic.
V C- ?/Irn,Qfm s4rf.G FOP A? 14Arums, -77/4E. /990
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IN WITNESQ HEREOF, the/parties -hereto have subscribed their
names this_ // " day of ;ntle// , 19 .7 .
yE � /
. sb{ -t � BOARD OF COUNTY COMMISSIONERS
ATTEST. L �tt@q �Ai WELD COUNTY, COLORADO.
1 ; �Weld id; Recorder i",-.4:4-9/ .
and Clc ,Y"Ko« '7B d Chairman
is
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BY: . NZ: ' —gig/
Deputy/County C3eJYk -
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(The following section to be completed by Owner. )
Oe accepts the abov f'proposal this day of
Yi . 19
By: a...a .. a-e�"°�'2'��1
Page 4 of 5 Pages - 890992
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o O SUBSCRIBED AND SWORN to before me this day of
O , 19 .
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u , WITNESS my hand and official seal.
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Notary Public
2 My commission expires:
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a Owner accepts the 19 89
proposal this Altai day of
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ago U B I.L b.44 -.
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SUBSCRIBED AND SWORN to before me this day of
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up n WITNESS my hand and official seal.
N A
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No Notary Public
My commission expires:
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PARCEL NO. 2 DAN C. WACKER JR.
• REV. 1 AND KATHLEEN L.
WACKER
i 1 EXHIBIT "A"
o O DESCRIPTION
O
1O O A tract orCounty,
v parcel of land no. 2 of Weld Project No. 7/42A
containing 0.533 acres, more or less, in the SE 1/4 of Section 21, T.4N. ,
R.68W. , of the 6th P.M. , in Weld County, Colorado, said tract or parcel
0 3 being more particularly described as follows:
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4"`.1 Beginning at a point on the west right-of-way line of the county
0 road (1989) from which the NE corner of Section 21, T.4N. , R.68W. ,
E
6th P.M. bears N. 00°52'12" E. a distance of 3,216.29 feet;
1. Thence S. 8939' 19" E. a distance of 30.00 feet to the center
of the county road (1989) ;
2. Thence N. 00°20'41" E. a distance of 580.08
co u feet along the center of the county road (1989)
z to the east-west centerline of Section 21;
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' ' 3. Thence N. 89°55'50" W. a distance of 40.00 feet along
the east-west centerline of Section 21;
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N 2:4 4. Thence S. 00°20'41" W. a distance of 579.88 feet;
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5. Thence S. 89°39' 19" E. a distance of 10.00 feet,
o more or less, to the point of beginning.
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The above described parcel contains 0.533 acres, more or less, of which
0.399 acres are in the right-of-way of the present road.
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Basis of Bearings: Assuming the north line of said Section 21 as bearing
N. 89°39' 19" W. from the NE corner of Section 21, T.4N. , R.68W. , 6th P.M.
Excepting all mineral interests thereunder.
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:ldwacker
890992
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PE2 DAN C. WACKER .TR.
AND KATHLEEN L.
WACKER
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/ EXHIBIT "B"
C)
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o DESCRIPTION
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A permanent easement no. PE2 of Weld County, Project No. 7/42A containing
o W 0.133 acres, more or less, in the SE 1/4 of Section 21, T.4N. , R.68W. , of
O 3 the 6th P.M. , in Weld County, Colorado, said tract or parcel being more
o ix particularly described as follows:
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o Beginning at a point from which the NE corner of Section 21, T.4N. ,
R.68W. , 6th P.M. bears N. 0103'00" E. a distance of 3,216.40 feet;
Ma
1. Thence N. 00°20'41" E. a distance of 579.88
feet to the east-west centerline of Section 21;
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U 2. Thence N. 89°55'50" W. a distance of 10.00 feet along
co ' the east-west centerline of Section 21;
H3. Thence S. 00°20'41" W. a distance of 579.83 feet;
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4. Thence S. 89°39' 19" E. a distance of 10.00 feet,
N more or less, to the point of beginning. •
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ti Q The above described easement contains 0.133 acres, more or less.
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U rah ; Basis of Bearings: Assuming the north line of said Section 21 as bearing
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N. 89°39'19" W. from the NE corner of Section 21, T.4N. , R.68W. , 6th P.M.
CD
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N I The above described permanent easement no. PE2 is for the purpose of V/
H mo relocating utilities owned by Poudre Valley REA.
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Excepting all mineral interests thereunder.
:ldwacker.1
590992
BRO 0003(6) U
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TE2 3
REV• 1i
EXHIBIT "C"
o U ' • TEMPORARY EASEMENT
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U The Owner's property, of which Temporary Easement No. TE2 is a part
thereof, is more particularly described as follows:
or O Part of the SE 1/4 of Section 21, Township 4 North, Range
° Z 68 West of the Sixth Principal Meridian, County of Weld,
WA
State of Colorado.
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A WHEREAS, the description of Temporary Easement No. TE2 within the
m g Owner's property is more particularly described as follows:
off D4 A rectangular area of land, 189' X 210' , lying parallel
to and adjacent to the project's southerly permanent
I easement from station 26+36.31, right, the east-west
z section center line of Section 21, and extending
LtiH F+ southerly to station 28+25, right, as part of Weld County
rn F Project No. BRO 0003(6).
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AI The above described Temporary Easement No. TE2 is for the purpose of
m w making improvements to the channel of the Little Thompson River.
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01 2 Temporary Easement No. TE2 shall be null and void thirty (30) days
N r•C after completion of construction.
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