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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 Mildred H. Cresswell & Co. , a partnership,
and Chester C. Cresswell & Co. , a partnership, 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 Mildred H. Cresswell & Co. , a
partnership, and Chester C. Cresswell & Co. , a partnership, are
located in the W§ of Section 22, 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 Mildred H. Cresswell & Co. , a
partnership, and Chester C. Cresswell & Co. , a partnership, 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.
890993
b 0007 O?,, Fes; a- R-
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Page 2
RE: RIGHTS-OF-WAY AND/OR EASEMENTS - CRESSWELL
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. "Ifir'by, C airman
` - 1 �n`' ))) L ee Eg
BY cY'D JD I• ,4,QQQ) ine Joh on, Pro-Tem
D putydCounty lerk r
APPROVED AS TO FORM: Gene R. Brantner n
O ir
6eoorge .n O
County Attorney �
890993
AR219193D -
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS
THIS AGREEMENT, made and entered this 2 ,7n day of
.. inee?, , 19 89 , by and between Weld County,
Colorado, by and through the Board of County Commissioners- of the
County of Weld, Colorado, hereinafter referred to as "County, " and
sand• Mildred H. Cresswell
& Co. , a partnership, and Chester C. Cresswell & Co. , a partnership. ok„a.
hereinafter referred to as "Owner. "
WHEREAS, County wishes to purchase from Owner certain lands
described below for the purpose of providing County with a right-
• of-way, and
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o WHEREAS, ' Owner wishes to sell. to County the land for right-
-,., Elof-way for the consideration below mentioned.
ai WITNESSETH:
o ;r7
o That in consideration of the payment by County to Owner of
"!the sum of Two Hundred Seventy Five Dollars
($ 275.00 ) , in
o•! cash, and other good and valuable consideration, Owner agrees to
a , sell to County and County agrees to purchase from Owner the
eg Iright-of-way and/or easements described in Exhibit(s)
••+ which .is attached hereto and is incorporated herein by reference.
o ; Any right-of-way described therein is hereinafter referred to as
-7 "right-of-way, " and any easement described therein is hereinafter
-1 described as either "temporary easement" or "permanent easement. "
H H ! The agreement of sale and purchase of right-of-way and
o H Temporary Easement is subject to the following conditions:
O CO
W 1 . Owner shall furnish to County a Warranty Deed
roi ;Ta conveying only the surface rights of right-of-way and
ON 4' Temporary Easement.
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o a ! Title insurance for said right-of-way need not be
provided by Owner.
a, C0 2 . Title shall be merchantable in Seller, except as htated
ry M in this paragraph and in paragraph 5. Subject to
'i o payment or tender as above provided and compliance by
mw , 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 for
I 890993
Page 1 of 5 Pages
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special improvements installed as of the date of the
County' s signature hereon, whether assessed or not; free
f 1 and clear of all liens and encumbrances, and except the
recorded and/or apparent easements, and subject to
coo building and zoning regulations and reserving all
• o o ' mineral rights to the Owner.
` ' coi 3 . General taxes for the year 1989 shall be
apportioned to the date of delivery of the Deed based on
o w the most recent levy and the most recent assessment.
o
o 4 . The date of closing shall be the date of delivery of
o said Deed and the receipt of payment by Owner.
5 . Except as stated in paragraph 2 and this paragraph, and
in a ; if title is not merchantable and written notice of
:' m defect (s) is given by County or County' s agent to Owner
or Owner's agent on or before date of closing, Owner
shall use reasonable effort to correct said defect(s)
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prior to date of closing. If Seller is unable to
correct said defect(s) on or before date of closing, at
,"'iH Owner's option and upon written notice to County or
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County' s agent on or before date of closing, the date of
c a closing shall be extended thirty (30) days for the
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purpose of correcting said defect (s) . Except as stated
rn w in paragraph 2, if title is not rendered merchantable as
provided in this paragraph 5 , at County' s option, this
Z contract shall be void and of no effect and ,each party
o • hereto shall be released from all obligations hereunder
a • and all payments and things of value received hereunder,
• z if any, shall be returned to County, provided that in
lieu of correcting such defect (s) , Owner may within said
thirty (30) days, obtain a commitment for Owner's title
roo, insurance policy in the amount of the purchase price
' � reflecting title insurance protection in regard to such
w 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
89993
Page 2 of 5 Pages
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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
w o shall be the following remedies:
o a. IF OWNER IS IN DEFAULT
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a 1 . County may elect to treat this contract as
- oo terminated,. in which case all payments and
things of value received hereunder, if any,
a g shall be returned to County and County may
2 recover such damages as may be proper, or
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2 . County may elect to treat this contract as
M a being in full force and effect, and County
o 0 shall have the right to an action for specific
+ ; performance or damages, or both.
m v b. IF COUNTY IS IN DEFAULT
H H 1 . Owner may elect to treat this contract as
oterminated, in which all payments and things
of value received hereunder, if any, shall be
o-A forfeited and retained on behalf of Owner and
w ' Owner may recover such damages as may be
proper, or
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o 2. Owner may elect to treat this contract as
z being in full force and effect and Owner shall
have the right to an action for specific
performance or damages, or both.
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N "1 , c. Anything to the contrary herein notwithstanding, in
Ho
as w 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 right-of-way shall be
delivered to the County upon closing and shall not be
subject 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 b£ 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,
•
590993
' Page 3 of 5 Pages
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by-law, mortgage, loan agreement, lien, lease, license,
judgment, decree , order, instrument or other verbal or
written agreement to which Owner is a party of or is
1 subject to or to which the property is subject, except
as provided herein.
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a 10 . It is agreed that County has authority pursuant to State
pro statute to condemn right-of-way for the construction of
a public road and this proposal is made in lieu of
a exercise of this power of condemnation.
o
orx 11. This agreement embodies all agreements between the
vrw parties hereto and there are no promises, terms,
2 , conditions, or obligations referring to the subjecto
u matter whereof other than as contained herein.
m 12. This agreement shall be deemed a contract extending to
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o and binding upon the parties hereto, and upon their
representative heirs, devisees, executors,
o, a administrators, legal representatives, successors and
\v assigns, that only when the same has been approved by
in z ; the Board of County Commissioners of the County of Weld,
4-1 •A on behalf of Weld County, Colorado.
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m 13 . Other: •
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a V IN WITNESS HEREOF, the parties .hereto have subscribed their
names this ,g-r-.9!-; day of _ � cn, ,,.�1J , 19 177 .
N M j
H O %' • t BOARD OF COUNTY COMMISSIONERS
ATTEST: ? -
m w � .�;;��;•- - 4�R :;--` 1 WELD COUNTY, COLORADO.
��'M 1�� It !
Weld Co t � 1, P ah$ Recorder �, j�
and Cler .y1`pxthe`�` rd Chairman
Deputy//County$' erk
(The following section to be completed by Owner. )
Owner ab accepts the
f)l )t.1.61 p 19 dye proposal this day of
4
4friesagra (L 4
890993
Page 4 of 5 Pages
SUBSCRIBED AND SWORN to before me this n da w,o;fi, ' •,
• 77
WITNESS my hand and official ` .$Olt, 4it '"
seal. G'�° ��' w,`•°r°
10-3
My Commission Expires April 19, 199 s'`` oar d,f
o 2305 Broadway � :,..,._. a.
Boulder, Colorado 80302 Notary Public `Se L';•::"` Z)
� U . My commission expires: ~ '',`:OIVA1.��
'u'4 '/c.e Own r accepts the above proposal this �7 re�' day of
o c4 w4 ..� , 19
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ril
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C4 4444,4 237,44„,..t.21-6 V- ey 0C--/-a014....4....9
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H X SUBSCRIBED AND a `'° .:l "'' .
x • 19 S �N to before me this ��'y�J
rna • ,40 wt
co in a WITNESS my hand and official seal. ' v{` c e trx`y '
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0 • -- el-Zza- , . on‘..,.,,*
M w Notary Public
ON
z My commission expires:
N a My commission expires 6-6-92. •
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890993
Page 5 of 5 Pages
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PARCEL NO. 3 REUBEN R. AND
REV. 5/10/89 ESTHER HOFFMAN,
MILDRED H. CRESSWELL
& CO. AND CHESTER
C. CRESSWELL & CO.
m o DESCRIPTION
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`° U A tract or parcel of land no. 3 of Weld County, Project No. 7/42A
[a containing 0.764 acres, more or less, in the W 1/2 of Section 22, T.4N. ,
R.68W. , of the 6th P.M., in Weld County, Colorado, said tract or parcel
c,3 being more particularly described as follows:
oa
vi•;11 Beginning at a point on the east right-of-way line of the county
rx road (1989) from which the NW corner of Section 22, T.4N. , R.68W.,
U 6th P.M. bears N. 00°25'09" W. a distance of 2,250.20 feet;
in C4
M 1. Thence N. 89°39'19" W. a distance of 30.00 feet to the center
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of the county road (1989);
2. Thence S. 00°20'41" W. a distance of 800.00
o u ' feet along the center of the county road (1989);
Viz '
H 3. Thence S. 89°39'19" E. a distance of 30.00 feet to
o the east right-of-way line of the county road (1989);
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o p r 4. Thence N. 30°20'41" E. a distance of 30.00 feet;
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Z 5. Thence N. 00o20'41" E. a distance of 499.02 feet;
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0 6. Thence N. 10°57'55" W. a distance of 50.99 feet;
g 7. Thence N. 00°20'41" E. a distance of 216.34 feet;
N , 8. Thence N. 29°39'19" W. a distance of 10.00 feet,
N Mo more or less, to the point of beginning.
P7 The above described parcel contains 0.764 acres, more or less, of which
0.551 acres are in the right-of-way of the present road.
Basis of Bearings: Assuming the west line of said Section 22 as bearing
S. 00°20'41" W. from the NW corner of Section 22, T.4N. , R.68W. , 6th P.M.
:hoffman
890993
BRO 0003(6)
TE3
EXHIBIT "Bn
0 CJ TEMPORARY EASEMENT
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U The Owner's property, of which Temporary Easement No. TE3 is a part
• thereof, is more particularly described as follows:
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Part of the W 1/2 of Section 22, Township 4 North,
a
vrW Range 68 West of the Sixth Principal Meridian,
2 County of Weld, State of Colorado.
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a• ' WHEREAS, the description of Temporary Easement No. TE3 within the
Owner's property is more particularly described as follows:
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A rectangular area of land, 55' X 70' , lying parallel
to and adjacent to the project's easterly right-of-way
m line from station 23+45, left, and extending southerly
to station 24+15, left, as part of Weld County Project
H H No. BRO 0003(6).
o
The above described Temporary Easement No. TE3 is for the purpose of
.. N making improvements to the private driveway at station 23+80, left.
M 1747 ;
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Ga Temporary Easement No. TE3 shall be null and void thirty (30) days
zafter completion of construction.
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890993
..
BRO 0003(6)
TE3A
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EXHIBIT "B"
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o U TEMPORARY EASEMENT
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[a The Owner's property, of which Temporary Easement No. TE3A is a part
o ���717j thereof, is more particularly described as follows:
- 0 3
a Part of the W 1/2 of Section 22, Township 4 North,
tn.g Range 68 West of the Sixth Principal Meridian,
2 County of Weld, State of Colorado.
WHEREAS, the description of Temporary Easement No. TE3A within the
P1 � Owner's property is more particularly described as follows:
ti
A rectangular area of land, 250' X 155' , lying parallel
al a to and adjacent to the project's easterly right-of-way
co U line from station 25+25, left, and extending southerly
viz to station 27+75, left, as part of Weld County Project
j No. BRO 0003(6).
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The above described Temporary Easement No. TE3A is for the purpose of
o a making improvements to the channel of the Little Thompson River.
5.1
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Z Temporary Easement No. TE3A shall be null and void thirty (30) days
N after completion of construction.
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890993
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