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M R216129910 RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR F RIGHT-OF-WAY WITH FRANK AND ARLENE WIND AND AUTHORIZE CHAIRMAN TO SIGN 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 for Sale and Purchase of Vacant Land for Right-of-Way with Frank and I W w Arlene Wind, and r lO N . .P N WHEREAS, said Agreement involves land located in the NW* of -JO Section 17, Township 4 North, Range 67 West of the 6th P.M. , Weld yy County, Colorado, and I n I-4 WHEREAS, the terms and conditions are as stated in said y N Agreement, a copy of which is attached hereto and incorporated z rn herein by reference, and m tz2 1/40 WHEREAS, after study and review, the Board deems it advisable 2I-- to approve said Agreement. IW mo H N NOW, THEREFORE, BE IT RESOLVED by the Board of County H o Commissioners of Weld County, Colorado, that the Agreement for z un Sale and Purchase of Vacant Land for Right-of-Way with Frank and 0 -0; Arlene Wind be, and hereby is, approved. ri va w BE IT FURTHER RESOLVED by the Board that the Chairman be, and x e hereby is, authorized to sign said Agreement. z .. w The above and foregoing Resolution was, on motion duly made n and seconded, adopted by the following vote on the 28th day of o December, A.D. , 1988 . o wm " A BOARD OF COUNTY COMMISSIONERS I ATTEST: _ ,lc ?tuled{�L,J WELD COUNTY, COLORADO N o Weld CO ntya erk;n d Recorder EXCUSED and Cle kFy � the ?Board Gene R. Brantner, Chairman o r rri p . " fix a�VS `_-, ) //J// n0 BY: jet' • .,� J C.W. Kirby, Pr -Tem D puty County Clerk APPROOEED AS TO FORM: c ue n ounty Attorney S ' =: wcy" rte` Frank eamailachi 1pOO1.3— GC, 4 wa - Z' 49r,- . - 881228 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHT-OF-WAY THIS AGREEMENT, made and entered this /211C- day of inter , 1988 , 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 Frank Wind and Arlene Wind , ( \ hereinafter referred to as "Owner. " I „yw WHEREAS, County wishes to purchase from Owner certain lands described below for the purpose of providing County with a right- 'gig of-way, and sg WHEREAS, Owner wishes to sell to County the land for right- of-way for the consideration below mentioned. • N r WITNESSETH: z O1 PV w That in consideration of the payment by County to Owner of the sum of eight hundred and seventy-five do]lars------ --- --- $875.00************** ) , in vii o cash, and other good and valuable consideration, Owner agrees to sell to County and County agrees to purchase from Owner the ztcji right-of-way shown in Exhibit "A" which is attached hereto and is n co incorporated herein by reference, hereinafter referred to as I r "right-of-way, " and which is described as follows: ! x O See attached Exhibit "A", dated December 6, 1988. xy n 0 o tt] o r 0 O N • _ O The agreement of sale and purchase of right-of-way is subject 0 to the following conditions: I 1 . Owner shall furnish to County a Special Warranty Deed conveying only the surface rights of right-of-way. Page 1 of 5 Pages 881228 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 r shall execute and deliver a good and sufficient Special yymd Warranty Deed to County at a time and place agreed upon r F, by -both parties, conveying the parcel free and clear of tong all taxes , except general taxes for 1987 , payable c January 1 , 1988 , free and clear of all liens for special improvements installed as of the date of the � , › County' s signature hereon, whether assessed or not; free K and clear of all liens and encumbrances, and except the N recorded and/or apparent easements, and subject to z rn building and zoning regulations and reserving all mineral rights to the Owner. m 1/4O Ci•-• 3. General taxes for the year 1988 - shall be r apportioned to the date of delivery of the Deed based on FI O the most recent levy and the most recent assessment. - H zul 4 . The date of closing shall be the date of delivery ofn co said Special Warranty Deed and the receipt of payment by Lrwo Owner. X o to 5 . Except as stated in paragraph 2 and this paragraph, and m W if title is not merchantable and written notice of py ,� defect (s) is given by County or County' s agent to Owner n or Owner' s agent on or before date of closing, Owner o shall use reasonable effort to correct said defect (s) prior to date of closing. If Seller is unable to o correct said defect (s) on or before date of closing, at o Owner' s option and upon written notice to County or gig County' s agent on or before date of closing, the date of closing shall be extended thirty (30) days for the n purpose of correcting said defect(s) . Except as stated 2L,, in paragraph 2, if title is not rendered merchantable as o provided in this paragraph 5 , at County' s option, this o 0 contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder, 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 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 881228 Page 2 of 5 Pages \ 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, r operation, maintenance, or repair of -the roadway to be 1O„ constructed thereon. O O 7 . Time is of the essence hereof. All notes or checks Fyn received as earnest money hereunder, if any, or any '< o other payment due hereunder, if any, is not paid, z n honored or tendered when due, or if any other obligation z rn hereunder is not performed as herein provided, there N • shall be the following remedies: tiro a f+ a. IF OWNER IS IN DEFAULT I m o H -+ 1 . County may elect to treat this contract as H terminated, in which case all payments and , things of value received hereunder, if pny, nco shall be returned to County and County may tt recover such damages as may be proper, or Ma 2 . County may elect to treat this contract as being in full force and effect, and County til shall have the right to an action for specific on performance or damages, or both. b. IF COUNTY IS IN DEFAULT W o Eo 1 . Owner may elect to treat this contract as N terminated, in which all payments and things O of value received hereunder, if any, shall be n forfeited and retained on behalf of Owner and o a Owner may recover such damages as may be n o proper, or i O 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 specific performance or damages, or both. c. Anything to the contrary herein notwithstanding, in the event of any litigation or rising out of this Page 3 of 5 Pages 881228 C, 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 of any remainder. etl r � 9. Owner represents and warrants as of the date hereof 'and 1O, N as of the date of the closing that neither the execution 1-1 ° of this contract nor the consummation of the transaction provided for herein constitutes, or will result in, any w n breach of any of the terms, conditions, or provisions, k o or constitute a default under, any indenture, charter, > N3 by-law, mortgage, loan agreement, lien, lease, license, Mal judgment, decree, order, instrument or other verbal or ko written agreement to which Owner is a party of or is tTiW subject to or to which the property is subject, except as provided herein. H 10 . It is agreed that County has authority pursuant to State H statute to condemn right-of-way for the construction of z a public road and this proposal is made in lieu of r o exercise of this power of condemnation. 71 11 . This agreement embodies all agreements between the LID parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein'. I no 12 . This agreement shall be deemed a contract extending to 6 and binding upon the parties hereto, and upon their ;uo representative heirs, devisees, executors, I o administrators, legal representatives, successors and r o assigns, that only when the same has been approved by the Board of County Commissioners of the County of Weld, . n on behalf of Weld County, Colorado. o i o 13 . Other: o • Page 4 of 5 Pages 881225 1/4 C IN WITNESS HEREOF, the parties hereto have subscribed their names this 28th:` day of December , 19 88 . �, BOARD OF COUNTY COMMISSIONERS ATTEST , F PGstiJ WELD COUNTY, COLORADO. Weld Count n 7� .TRecorder 4//. „1/41-ts and Clerk,, lx Chairmanpro-447 By: r • DeputK; ilh.t P C rk mw , (The following section to be completed by Owner. ) r r'fir; N Owner accepts the above proposal this day of , 19 • xl 11 BY: 1 z � ztt 1/40 1/4O SUBSCRIBED AND SWORN to before me this day of , 19 m O F3 r WITNESS my hand and official seal. HO H O ztri n co Mw Notary Public My commission expires: N o ' w ; ;vr txi t7 t9y+ 710 mmm o C � r ie o0. 0 o O � Page 5 of 5 Pages 381228 PARCEL NO. 1 DECEMBER 6, 1988 EXHIBIT "A" DESCRIPTION A tract or parcel of land No. 1 of Weld County; Colorado, Project No. 15/44B containing 1.198 acres, more or less, in the NW 1/4 of Section 17, T.4N. , R.67W. of the 6th P.M. , in Weld County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the east right-of-way line of the county road (1988) from which the SW corner of Section 17, T.4N. , R.67W. , 6th P.M. bears S. 00°47'56" W. a distance of 3,152.17 feet; tii m r� r 1. Thence N. 30°15'13" E. a distance of 50.00 feet; Ui N W 2. Thence N. 00°15'13" E. a distance of 881.70 feet; 0 [Pei 3. Thence N. 29°44'47" W. a distance of 50.00 feet K n to the east right-of-way line of the county road (1988); zcn 4. Thence N. 89°44'47" W. a distance of 30.00 i �.� feet to the west section line of Section 17; • I � 5. Thence S. 00°15'13" W. a distance of 968.30 y o feet along the west section line of Section 17; H z U' 6. Thence S. 89°44'47" E. a distance of 30.00 n co feet, more or less, to the point of beginning. b1° The above described parcel contains 1.198 acres, more or less, of which 0.667 acres are in the right-of-way of the present road. f) Basis of Bearings: Assuming the west section line of said Section 17 as ?Ibearing N. 00°15'13" E. from the SW corner of Section 17, T.4N., R.67W. , 6th P.M. xy o $r o o I t.' 0 0 0 0 OO o :ldparl . 881228 "., r AR2169880 °` 1) iOii QDEPARTMENT OF ENGINEERING • 1� - ; PHONE(3D3)356.40D0 P.O.BOX 758 GREELEY,COLORADO 80632 711-]-3 .C ,_ s9 , O J - . -.. l+,1 � L -t . COLORADO January 9, 1989 hi 0 r r N Ni l0 N I { Ul U.) C.M. Harmon Re: BRO 0003(5) 11663 Jokake Street Little Thompson Bridge PM Phoenix, Arizona 85044 Par. 1 Wind tC I p Dear Mr. Harmon: z r z rn ko Per our telephone conversation of January 5, 1989, I am enclosing plan W w sheets showing the area we are purchasing from Frank Wind on Weld County 00 Road 15 near Johnstown. En o F] N • Also enclosed is a description of the same. The areas we show as TE1, h]� ' TE1A, TE1B, and TE1C are not included in the Partial Release which I have Zito enclosed for your signature, as they are for the construction of approaches o m to the property and channel improvements, and will be null and void 30 days r' t° ' hi • after completion of construction. x N .. The taking is approximately .1/2 acre. However, the description includes R I:, what lies in the existing county road. win 0 If everything meets with your approval, please sign where I have marked W with an "X", and return in the self-addressed, stamped envelope. When you jw return to Greeley in May, you and I can take it to the Public Trustee and IW, o have it executed. IE . No If you have any questions, please call 1-800-332-6165 and leave a message, lb or contact Rex Cantrell at 356-4000, extension 4750: i n Or Thank you for your cooperation. o 2 o Sincerely, 1. �t: O-1 Ernest E. Olson Contract Agent EEO/mw:lcmh . Encls. • xc: Commissioner Lacy 881228 PROJECT NO. 15/44B LOCATION S. of Johnstown PARCEL(S) 1 WELD COUNTY, STATE OF COLORADO ENGINEERING DEPARTMENT 933 N. 11th Avenue P.O. Box 758 Greeley, Colorado 80631-0758 (� td rteI N N CLOSING STATEMENT AND RECEIPT 1O N IO1w M I, the undersigned, do hereby certify that on this date I delivered to f] 0 Frank Wind & Arlene Wind , z rn 24024 Weld County Road 13, Loveland, Colorado 80537 him no Weld County Warrant No. 104091 , in the amount of $ 875.00 W � � o ' H N in full compliance with the terms of: H ZN X Memorandum of Agreement dated December 12, 1988 rko Agreement for Sale and Purchase dated m Relocation Claim Form dated R ' r for the above mentioned project and par 1(s) . I January 26, 1989 F • Date Title m • ***********A A A A A************************A AA A****************************** O I, the undersigned named in the Memorandum of Agreement, Agreement for a I O N Sale and Purchase, or'Claim Form dated - January 26 , 19 89 , 0 no 0 erg-referred to above, do hereby acknowledge receipt of Weld County Warrant No. I 104091 , in the amount of $ 875.00 , issued to me in full compliance with the terms f said Agreement(s) or Claim Form. January 26, 1989 Date n :fcsar 881228 j ' ' I n e printed portion of this loan app `ed h) Ih. f '----___..1 Colorado Heal Estate Commivion ,SS.60-7.711 STATEMENT OF SETTLEMENT SELLER'S 0 PURCHASER'S O PROPERTY ADDRESS Weld county Read 15 SELLER Frank Wind & Arlene Wind PURCHASER Weld County l January 26, 1989 DATE OF PRORATION January 26. 1919 SETTLEMENT DATE LEGAL DESCRIPTION: • Debit Credit 1. Selling Price 2. Deposit,paid to 3. Trust Deed,payable to C. Marion Hannon (released) 4. Trust Deed,payable to 5. Trust Deed,payoff to 6. Interest on Loan Assumed I /— • 7. Title Ins.Premium 8. Abstracting: Before Sale h'to 9. After Sale n~-7 N 1.3 M 10. Title Exam. by i I �Iw 11. Recording: Warranty Deed 12. Trust Deed 1 13. Release I C f] - 14. Other o - 15. Documentary Fee N 16. Certificate of Taxes Due Z O. i 17. Taxes for Preceding Year(s) i V, hi CO m - 18. Taxes for Current Year C o -- 19. Tax Reserve DJ 20. Special Taxes i � � 21. Personal Property Taxes , H o IzN • 22. Hazard Ins.Prem.Assumed—Policy No. Co. �- $ Yr.Term Expires _ i p1O Premium$ Days Unused at 0 per day i to 23. Premium for New Insurance IN m 24. Hazard Ins. Reserve m 25. FHA Mortgage Ins.Assumed O. 26. FHA Mortgage Ins.Reserve - w 27. Loan Service Fee (Buyer) I O 28. Loan Discount Fee (Seller) i W iw 29. Interest on New Loan t4• 0. 30. Survey and/or Credit Report • I o 3L Appraisal Fee ,w32. Water and/or Sewer 033. Rents ;o w 34. Security Deposits w 35. Loan Transfer Fee - n o 36. Loan Payment Due . .o 'l' 37. Broker's Fee Sub-Totals: -, . Balance due-to/from Seller' ._- Balance due to/from.Buyer _- TOTALS • 875 00 The above figures do not include sales or use taxes on personal property l APPROVED and ACCEPTED .—2-u-r-chaser/Sell er C--'-1.1 4 Broker / 1 FrWind 1 I �/�`L% --P-urekasea/Se1ler \ 1 ' `� By �,l`/ Arlene Wind Twin No.C-eli 881228 .� • the primed portion of Ihh form aPPro•rd by IA. ^ \-----` Colorado Kral E:Ilale Commillioo 'SS-60.7-711 STATEMENT OF SETFLEhlENT - SELLER'S O PURCHASER'S El PROPERTY ADDRESS Weld County Road 15 SELLER Frank Wind & Arlene Wind PURCHASER Weld County i January 26, 1989 DATE OF PRORATION January 26, 198,,9 SETTLEMENT DATE LEGAL DESCRIPTION: • . Debit Credit 1. Selling Price 875 00 2. Deposit,paid to 3. Trust Deed,payable to 4. Trust Deed,payable to C. Marion Harann (released) 5. Trust Deed,payoff to 6. Interest on Loan Assumed w m 7. Title Ins.Premium I--, I-, — N N 8. Abstracting: Before Sale , cola 9. After Sale 10. Title Ems. by tti 11. Recording: Warranty Deed i.0 f) — 12. Trust Deed i , N 13. Release z rn 14. Other 15. Documentary Fee thm 16. Certificate of Taxes Due w o 17. Taxes for Preceding Year(s) ! w18. Taxes for Current Year r • .I o I ' yN 19. 'Tax Reserve I to J � 1--1 0 20. Special Taxes I Z -- 21. Personal Property Taxes n m r 22. Hazard-Ins.Prem.Assumed—Policy No. Co. W - $ Yr.Term Expires rn Premium$ Days Unused at 0 per day , gn r 23. Premium for New Insurance • I O. r4 24. Hazard Ins.Reserve n 25. FHA Mortgage Ins.Assumed 0 26. FHA Mortgage Ins.Reserve a 27. Loan Service Fee (Buyer) o -' 28. Loan Discount Fee (Seller) o0 29. Interest on New Loan r 30. Survey and/or Credit Report t7 31. Appraisal Fee i no 32. Water and/or Sewer o_ 33. Rents o 34. Security Deposits 8 'A 35. Loan Transfer Fee 36. Loan Payment Due - 37. Broker's Fee Sub-Totals 875 00 I Balance-due to/from Seller Balance due to/from Buyer TOTALS 875 00 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED =-Purchaser/Stiller Broker • • Purchaser/Seller By Chairman, Board of County Commissioners - Form No.C-s)5 881228 Recorded —' — at —M' AR2169881 Reception No — —_—., Recorder. • tilatio pub, Made this X. S f-4 day of January in the year of our Lord one thousand nine hundred and eighty nine between Frank Wind and Arlene Wind, husband and wife, whose address is 24024 Weld County Road 13, Loveland, Colorado, 80537 of the County of Weld ' , and State of Colorado, of the first part, and Weld County, Colorado, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County. of the County of Weld , and State of Colorado, of the second part: WITNESSETH, That the said parties of the first part, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration -DOL-L-:4ft;i; r to the said parties of the first part in hand paid by the said party of the second part, the receipt whereof is I hereby confessed and acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said party of the second part, their heirs and assigns, N forever, all the following describedlat -or parcel of land, situate, lying and being in the County of Weld W w and State of Colorado, to-wit: tTi Description for Parcel 1 • k 'yN See attached sheet (Exhibit A) • - ` IZ O1 ua N co tr] co tN al to • I-3 NI ti H 2 N n CO ✓ 1/40 to IN cn • •• N Pc1a' t9 n H TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any- t9 m 'd o wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and j all the estate, right, title, interest, claim anti, demand whatsoever of the said parties of the first part either in law O or equity, of, in and to the above bargained premises, with the hereditarnents and appurtenances. I N TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto C7 the said part Y of the second part,Y heirs and assigns forever. And the said parties of the first. O r - part, for their heirs, executors and administrators, does covenant, grant, bargain and agree to-and with the said party of the second part, their heirs and assigns, that at the time of the en- I O N sealing and delivery of these presents where well seized of the premises above conveyed, as of good, sure, per- fect, absolute and indefeasible estate off inheritance, in law, in fee simple, and haVe good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever: and the above premises, in the quiet and peaceable possession of the said party of the second part, heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part ies of the first part have hereunto set their hand and seal the day and year first above written. • � Signed, sled and Delivered in th Pres ce of .A = 'd -._ (SEAL) --. !' ! -. — — °' —(SEAL) 'TN 14 ='ZPstATFs ,J COr-ORADO, ss. The foregoing instrument was acknowled • before me this --_..:-.---_-_--..-. day of et: pad Coikn y of.Weld. g \\ aft e<, 71U-1p��• ---------- --, 19_6_3, by ---------- ,Ill c^ Wltaess 101.16iid and Official Seal. vi 4rC gt)),; C tston Expires —• -----... -..-----Notary . 27 1��2 nunw� - T-•- --�---- --..._. Public-WARRANTY DEED 881,228 PARCEL NO. 1 DECEMBER 6, 1988 EXHIBIT "A" h7W DESCRIPTION F' N I O N O (4 A tract or parcel of land No. 1 of Weld County, Colorado, Project No. 15/44B containing 1.198 acres, more or less, in the NW 1/4 of Section 17, W n T.4N. , R.67W. of the 6th P.M. , in Weld County, Colorado, said tract or O parcel being more particularly described as follows: zZm m Beginning at a point on the east right-of-way line of the .q county road (1988) from which the SW corner of Section 17, W °D T.4N., R.67W. , 6th P.M. bears S. 00°47'56" W. a distance of 3,152.17 feet; w c Am 1. Thence N. 30°15'13" E. a distance of 50.00 feet; H N 03 2. Thence N. 00°15'13" E. a distance of 881.70 feet; N 3. Thence N. 29°44'47" W. a distance of 50.00 feet x to the east right-of-way line of the county road (1988); 4. Thence N. 89°44'47" W. a distance of 30.00 ' nO feet to the west section line of Section 17; t9 m 5. Thence S. 00°15'13" W. a distance of 968.30 U o feet along the west section line of Section 17; Z o0 r 6. Thence S. 89°44'47" E. a distance of 30.00 t7 feet, more or less, to the point of beginning. 0 N In o The above described parcel contains 1.198 acres, more or less, of which O m 0.667 acres are in the right-of-way of the present road. Basis of Bearings: Assuming the west section line of said Section 17 as ; bearing N. 00 15' 13" E. from the SW corner of Section 17, T.4N., R.67W. , 6th P.M. . :ldparl 881228 Hello