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HomeMy WebLinkAbout880876.tiff RESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT WITH GEORGE W. STIEBER 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 a Memorandum of Agreement with George W. Stieber concerning right-of-way for a bridge to be constructed on Weld County Road 6 , and WHEREAS, after review, the Board deems it advisable to approve said Memorandum, 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, Colorado, that the Memorandum of Agreement with George W. Stieber be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Memorandum and related documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D. , 1988 . '� ;�''•� BOARD OF COUNTY COMMISSIONERS ATTEST: QGw1�NLC ) WELD NTY, COLORADO ��Weld County C �/�'�"�t{� erk and Recorder t /�(/,CDti �['W� and Clerk to the Board Gene R. Br ,ant A BY: t� eat—,j2_,-../�� C.W. Kir y, Pr -Tem Deputy Co y Clerk EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Jacguel-in, ohnsop Got ₹�i �a 47.2"/ W..1_ d / ���///�I County Attorney 0cyllL Frank Ya gu i 3 Ji l 880876 STAFF ROW BRANCH WORKSHEET(20000)3 Rev. Jon.1979 Memorandum of • PROJECT NO. •BRO 0003(4) PARCEL N W1 6 E. of Wattenberg AGREEMENT STATION 0 + 00 TO STATION 6 + 00 �`��/�fT ! fin/ STATE HWY NO. COUNTY Weld AGREEMENT has been reached this-2_d of�[1..a as A.D., 19_..., between the owner or owners of the above designated parcel or parcels,herein collectively called the VENDOR, and the COUNTY OF WELD herein called the COUNTY for the purchase of said parcel or parcels. The amounts of money and/or other considerations have been established as just compensation and were determined by appraisals and in accordance with applicable State laws and regulations. These amounts and considerations, as stated below, are to be given in full consideration of this Agreement . • For Land 8 Permanent Easements, described in attached exhibits, containing_ 0.35 acres/ NET and Improvements as follows: None $ 1,000.00 Damages S GROSS TOTAL_ $ 1,000.00 LESS CREDIT FOR _ S -- NET TOTAL $ 1,000.00 OTHER CONDITIONS: New right-of—wwadto be fenced during construction using treated wood posts•- -.-...-- THE PARTIES HERETO FURTHER AGREE AS FOLLOWS: I. The Vendor agrees to pay all loxes and special assessments due at the time of cle•.Ing, including pro-rated taxes for the current year. 2. It is agreed the Vendors have entered this Agreement solely because I neCo1,fl]tyaving the power of eminent domain, requires the property for a public purpose and there is no intent to place the Vendors in violation of any subdivi Sian regulation or other laws related thereto. 3. Any conveyances ,rode pursuant to this Agreement shall reserve to the Vendor all minerals including oil and gas in and under the premises as per the language of the CotE'ty Standard mineral reservation clause, except where :his .s a tctal taking or where the parcel is located where oil and gas or mineral exploration is prohibited. 4. The compensation herein provided includes full compen sat(on ior his interest, either present or future, and the interest of li enors and lessees of the Vendor and any and all interests, legal or equitable (except minerals reserved above), which are or may be outstanding and the Vendor agrees to discharge the same. This compensation does not include any payments which may be due under ralac a tion law. 5. This memorandum embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereat other than as herein contained except for any agreement reached on relocation. 6. Possession of these parcels shall be granted al the lime payment is tendered unless otherwise provided for in accordance with TITLE IIT of the UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970. 7. This Agreement shall be deemed a contract extending to and binding upon the parties hereto, and upon their respective heirs, devisees, executors, administrators, legal representatives, successors and assigns. Compensation hereinabove agreed upon shall be paid upon the execution and delivery of a good and sufficient deed as indicated below. Ate: � 7 djitcdtwajnt to before me this �/ y- / day of -j/)f?/kj2:f.2, , 19& Approved for payment as above: Witness my hand and /official seal. C --- arc%f Co ter Commissioners y1 n l��� o tL tt — — My Commission expires: / ( l„u Z i /(9 l�,l Dep ty County Cler o prepare the fol owing documents: Easement(s) X Warranty Deed X w/Min. Resv. Releose(s) Access Deed Other Order Warrant S_ 1,000.00 Payable To: George W. Stieber Order Warrant S —Payable To: 880076 • AR2157899 jai B 1211 REC 02157899 10/06/88 16 : 18 $0 .00 1/002 nNo. _ F 2042 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • ll'iii ui4j (Deal. 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 GRAM EE. The GRANTOR hereby sells end conveys the property to the GRANT EE and the GRANTOR narrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed, sshich the GRANT EE 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 restrir- tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions" The specific terms of this deed are: GRANTOR: (five namefsl and places)of residence. if the spouse of the owner-glamor is posing in this Deed to letras,homestead tights idenols grantors as husband and wife• I George W. Stieber • 11553 WCR 6, Fort Lupton, Colorado 80621 • GRANTEE: Ifnce namets)and addressees). statement of address. including available road or street number. is required I ' Weld County, Colorado, a body corporate and politic of the State of Colorado, by and through the Board-of County Commissioners of Weld County. 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 ) • PROPERTY DESCRIPTION: (include county and state ) • See tibit "A" which is attached hereto. • CONSIDERATION: (The statement of a dollar amount is optional. adequate r nnlideration for this dyed will hi, presumed unless this cones anre n idenblred as a gilt; in any case this conves ante is absolute. final and unconditional ) One Dollar ($1.00) and other valuable consideration. • RESERVATIONS-RESTRICTIONS: lit the GRANTOR minds to resent,am interest in the property or to consey less than he owns. or . if the GRANTOR is restricting the GRANT I I'S rights in the property. make appropriate indication ) • f See Exhibit "A"• ADDITIONAL WARRANTY EXCEPTIONS: (Include rnorigaees being assumed and other matters not covered above ) • • Signed on' • J�..2 • Attest: Grantor Grantor STATE OF COLORADO ) SS. COUNTY OF ) Grantor The foregoing instrument was acknowledged before me this _ _ day of , 19 by George W. Stieber WITNESS my hand and official seal. cR ,swllr.,,, My commission expires: N �'�� aryr0 0. .d� , STATE of Colorado ) SS. ; � •' y `= COUNTY OF Weld ) l rJ The foregoing instrument was acknowledged before me this 7(p A day o� i 19f; by George W. Stieber • ? S\d \YITNESS my hand and official seal. q 4Ulye -fir My commission expires: rilpte27 / /%Z. • N tiS7hnt. ,s. 1977 UPDATE LEGAL FORMS NO Put , . - . r '.r E'. EY, COI C:°ADO, P?5 880876 12 � � J - ' EXHIBIT "A" DESCRIPTION A tract or parcel of land No. 1 of the State Department of Highways, Division of Highways, State of Colorado, Project No. BRO 0003(4) containing 36,000 sq. ft. , more or less, in the Southeast Quarter (SE 1/4) of Section 24, Township 1 North, Range 67 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the South line of said Southeast Quarter from which the Southeast corner of Section 24 bears, North 90°00'00" East, 134.57 feet; thence, North 0°00'00" East, 60.00 feet; thence, South 90°00'00" West and parallel to the South line of said Southeast Quarter, 600.00 feet; thence, South 0°00'00" West, 60.00 feet to a point on the South line of said Southeast Quarter; thence, along said South line, North 90°00'00" East, 600.00 feet to the Point of Beginning. The above described parcel contains 0.351 acres (36,000 sq. ft. ), more or less, of which 20,700 sq. ft. are in the right-of-way of the present road. Basis of Bearings: The South line of the Southeast Quarter of Section 24 as bearing North 90°00'00" West from a found steel rod in pipe at the Southeast Corner of Section 24 to a found 1" steel rod at the South Quarter Corner of Section 24. Except reserving unto the grantor or grantors all coal, oil, gas and other hydro-carbons, and all clay and other valuable minerals in and under said premises; provided, however, and the grantor or grantors hereby covenant and agree, that the grantee shall forever have the right to take and use, without payment of further compensation to the grantor or grantors, any and all sand, gravel, earth, rock and other road building materials found in or upon said premises. The grantor or grantors further covenant and agree that no exploration for, or development of any of the products hereby reserved, will ever be conducted on or from the surface of the premises hereinabove described, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the grantor or grantors shall perform no act which may impair the sub-surface or lateral support of said premises. This reservation, and the covenants and agreements hereunder, shall inure to and be binding upon the grantor or grantors, and their heirs, personal and legal representatives, successors and assigns forever. :awdgs B 1211 REC 02157899 10/06/88 16 :18 $0.00 2/0000 2 F 2043 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, 9£3' C3B"I6 o E , h 1.11 -a mm \ q u, ' m ] 8 \ / ~ &:} E G o . i> : ! r ` ® \ 2: :> \ ):Z� ° _ _ r i § \ . / / \ : ;. -t' \ CC qsm a-LII (O)c : , z . a. _r _, _, e a. | t # re i 2\ iu Lb CC Z i I § 15 15 ( \e . Pi E _ : j \ � il� �� - � • • III k , �! §% § k ! ! ]RI*ll22 � • \ \ 0 0 a ; | . g>|° k \ \MULL'E � § ! ;w • t | 9| E2ca8 . ' ! !7! ■ |11 f !�; f � � \| � \ el 6 |!! 0) 2 § . j Lt' lll 2 22 PI Fs co : 4t ! ) | - \k, s■ 5 2 cn \ / m & U ■l f7 , •i / \ � & �°2 0 ) \ / \ Ill i {SS �v� b | , - ! Wq Sel ° uixuix ; r 880876 1 l o,oraaa Kral P•u,r (4,71,71.,,...1B ••,.•..•.7•'• STA T E51Eti'r Ui. SETri.EMLNT SELLER'SY". PURCHASER'S L, Weld County Road 6, East of Wattenberg PROPERTY ADDRESS George W. Steer SELLER PURCHASER Weld County September 23, 1988 DATE OF PRORATION September 23, 1988 SETTLEMENT DATE LEGAL DESCRIPTION: Dehit Credit 1. Setting Price I $1,000 i 00 2. Deposit. paid to — None - r. None 'r 3. Trust Deed, payable to -1 4. Tut Deed. payable to None 5. Trust Deed, payoff to None • 6. Interest on Loan Assumed None I 7. Title Ins.Premium Paid by Purchaser I • 8. Abstracting: Before Sale None I I i, 9. After Sale i , 10. Title Exam. by None . 11. Recording: Warranty Deed Exempt ' i ``19. Trust Deed I i 1, 13. Release I I II _ 14. Other 1 4 15. Documentary Fee Exempt ' 16. Certificate of Taxes Due None li • 17. Taxes for Preceding Year(s) None • 18. Taxes for Current Year I$ 7 50 None r ! I! 1 19. Tax Reserve , 20. Special Taxes None i . 21. Personal Property Taxes None I I • ' I i s `"2. Hazard Ins.Prezn. Assumed—Policy No. None Co. _ ! r $ Yr.Term Expires - 1 I • Premium $ Days Unused at 0 per day j ! • ' Premium for New Insurance None i i • 24. Hazard Ins. Reserve None - I 1 i 25. FHA Mortgage Ins.Assumed None 26. FHA Mortgage Ins.Reserve None + I • • 27. Loan Service Fee (Buyer) None I I it 25. Loan Discount Fee (Seller) None I I' 29. Interest on New Loan Nom 30. Survey and/or Credit Report None I _ 31. Appraisal Fee None 1 `' 32. Water and/or Sewer None I 11 33_ Rents None 1 I ,1 34. Security Deposits None I I • I • 35. Loan Transfer Fee None 36. Loan Payment Due None i ' ,1 37. Broker's Fee None i1 4 i II j I II. I _ . I I • i ► Sub-Totals ::$1,000 100 Balance due to/Born Seller _ $992 150 I Balance due to/from Buyer I 1 , I 1 S1,000 O0 TOTALS --- i r.e above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED b . • 4; George X. Stieber .aA-41 " 4. ./±1(////. IAr pnnfrd Dn Nnn nl ton form aDnm•.d A. A. CDlondo Real f\utr Comm••.wo ia4ep -'ll STATEMENT OF SETTLEMENT SELLER'S ❑ PURCHASER'S l21 PROPERT]' ADDRESS Weld County Road 6, East of Wattenberg SELLER George W. Stiet$r PURCILASER Weld rounty _ SETTLEMENT DATF. September 23, 1988 DATE OF PRORATION September 23; 1988 LEGAL DESCRIPTION: Debit Credit 1. Selling Price $1,000 001 2. Deposit, paid to None- 1 3. Trust Deed, payable to None I I 1 4. Trust Deed, payable to None I I 5. Trust Deed, payoff to Nom ^d I 6. Interest on Loan Assumed None 7. Title Ins.Premium Paid by Purchaser 8. Abstracting: Before Sale None i 9. After Sale I 10. Title Exam. by None 1 I 11. Recording: Warranty Deed Exempt —11 12. Trust Deed 13. Release I ` 14. Other 15. Documentary Fee Exempt 16. Certificate of Taxes Due None 17. Taxes for Preceding Year(s) None II 18. Taxes for Current Year � $ 7 50 19. Tax Reserve None 20. Special Taxes None ___II i 21. Personal Property Taxes None II . Hazard Ins.Prem. Assumed—Policy No. None Co. I I $ Yr.Term Expires I I Premium$ Days Unused at 0 per day I I 23. Premium for New Insurance None ---H24. Hazard Ins. Reserve None 25. FHA Mortgage Ins. Assumed None I 26. FHA Mortgage Ins.Reserve None 27. Loan Service Fee (Buyer) None I 29. Loan Discount Fee (Seller) None 29. Interest on New Loan None II 30. Survey and/or Credit Report None 31. Appraisal Fee None I ____,I32. Water and/or Sewer None 33. Rents None 34. Security Deposits None 35. Loan Transfer Fee None I 36. Loan Payment Due None I I i F 37. Broker's Fee None I I — I _ I $1,000 I00 Sub Totals I. Balance due to/from Seller 1.$992 50 Balance due t6/from Buyer TOTALS 1$1,000 1 00 II 1 Thu above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED Weld County, Colorado, by and through the rd of County Cofnnissioners Broker Purchaser(Hekler_ county Purchascrill=r 3j —_— — Chairman, Board of County Commissioners .m.-,No. C dIs Hello