HomeMy WebLinkAbout860484.tiff AR2g,SuO6' RESOLUTION
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' O RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
O RIGHT-OF-WAY AND OF TEMPORARY CONSTRUCTION EASEMENT WITH
ca ELMER H. AND ALICE V. JONES AND AUTHORIZE CHAIRMAN TO SIGN
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0 WHEREAS, the Board of County Commissioners of Weld County,
aColorado, pursuant to Colorado statute and the Weld County Home
O Rule Charter, is vested with the authority of administering the
• affairs of Weld County , Colorado, and
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x WHEREAS, the Board has been presented with an Agreement for
% Sale and Purchase of Vacant Land for Right-of-Way and of Temporary
Loa• Construction Easement, said Agreement being between Weld County
co and Elmer H. and Alice V. Jones , and
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• W
LC) F WHEREAS, said Agreement would allow Weld County to purchase
O a property for a right-of-way and grant a temporary construction
,off easement for the purpose of constructing a bridge on Weld County
a w Road 45 , and
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o < WHEREAS , said property is located in the Nigh of Section 11 ,
a
Township 5 North, Range 65 West of the 6th P.M. , Weld County,
w 64 Colorado, being more particularly described in said Agreement, a
£ copy of which is attached hereto and incorporated herein by
vi reference, and
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aow WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement with Elmer H. and Alice V. Jones.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County , Colorado, that the Agreement for
Sale and Purchase of Vacant Land for Right-of-Way and of Temporary
Construction Easement between Weld County and Elmer H. and Alice
V. Jones be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be , and
hereby is, authorized to sign said Agreement.
y5 e n _ - 860484
Page 2
RE: ROW AGREEMENT - JONES
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 19th day of
May, A.D. , 1986 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
N O fi
o U Weld Co LhMk arjd Recorder
v U and Cle "� �pie Bo" J cque ' ne o o Chairman
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o W B • G ac , -Tem
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Q APPROVED AS TO FORM: ene R. Brantner
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o �' County Attorney (<0� `''� /eiltY�s//� 7
x Frank Yam uc
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860484
AR2055,507
AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
r O RIGHT-OF-WAY AND OF TEMPORARY CONSTRUCTION EASEMENT
o
THIS AGREEMENT, made and entered this /7 day of May,
1986 , by and between Weld County, Colorado, by and through the
0 w Board of County Commissioners of the County of Weld, Colorado,
0 3 hereinafter referred to as "County, " and Elmer H. Jones and Alice
o x V. Jones, Route 4 , Box 175 , Greeley, Colorado, 80632 and
vow hereinafter referred to as "Owner. "
O
a
WHEREAS, County wishes to purchase from Owner certain lands
described below for the purpose of providing County with a right-
(N of-way, and
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rig WHEREAS, County also wishes to purchase from Owner a
temporary construction easement for the purpose of constructing
co said right-of-way, and
N H WHEREAS , Owner wishes to sell to County the land for right-
H of-way and the temporary construction easement described below for
0 x the consideration below mentioned.
ro W WITNESSETH:
to 44
Ln z That in consideration of the payment by County to Owner of
o < the sum of SIX HUNDRED DOLLARS ($600) , in cash, and other good and
0 valuable consideration, Owner agrees to sell to County and County
U ix agrees to purchase from Owner a temporary construction easement ,
a for a period of one hundred twenty (120) days from the beginning
of construction, as shown in Exhibit "A, " and hereinafter referred
N
i to as "easement , " described as follows:
U,
M w A tract or parcel of land containing 1 . 860
acres, more or less , in the NW4 of Section 11 ,
Township 5 North, Range 65 West of the Sixth
Principal Meridian in Weld County, Colorado.
The said tract or parcel is more particularly
described as follows:
A rectangular area, 250 feet X 324 feet, from
station 0+4. 28 (S. ) , right, to station
3+28. 28 (N. ) , right, and extending 270 feet to
the east of the east right-of-way line (1986)
of County Road 45.
1.280481,
Page 1 of 6 Pages
WITNESSETH:
That in consideration of the payment by County to Owner of
the sum of ONE THOUSAND FOUR HUNDRED TWENTY-TWO AND NO HUNDREDTHS
o DOLLARS ($1 ,422. 00) , in cash, and other good and valuable
o U consideration, Owner agrees to sell to County and County agrees to
purchase from Owner the right-of-way shown in Exhibit "A" which is
No attached hereto and is incorporated herein by reference,
hereinafter referred to as "right-of-way, " and which is described
a as follows:
o I0
o
A tract or parcel of land containing 0 . 149
acres , more or less , in the NWn of Section 11 ,
o Township 5 North, Range 65 West of the Sixth
Principal Meridian in Weld County , Colorado.
x The said tract or parcel is more particularly
`V described as follows:
0
� ax4 Beginning at a point on the east right-of-way
1/4O a line (1986) of County Road 45 and in the NW'
of Section 11 , Township 5 North, Range 65 West
N z of the Sixth Principal Meridian from which a
CD w point bears south a distance of 1024 . 44 feet
° E from the NW corner of Section 11 , bears N.
a
89°55 ' 05" W. , a distance of 27. 50 feet, more
or less.
oW
In G.
N z 1 . Thence S. 00°04' 55" E. along the east
o z right-of-way line (1986) of County Road
N `� 45 a distance of 324 . 00 feet, more or
or less, to a point on the Grantor' s south
1444
property boundary line;
a
M 2 . Thence N. 89°55 ' 05" E. along the
Grantor' s south property boundary line a
distance of 20 . 00 feet to a point;
row
3 . Thence N. 00°04' 55" W. a distance of
324. 00 feet to a point;
4 . Thence S. 89°55 ' 05" W. a distance of
20. 00 feet, more or less , to the point of
beginning.
The above described parcel contains 0 . 149
acres , more or less.
Page 2 of 6 Pages
The agreement of sale and purchase of right-of-way is subject
to the following conditions:
1 . Owner shall furnish to County a Special Warranty Deed
0 U conveying only the surface rights of right-of-way.
o Title insurance for said right-of-way need not be
m o provided by Owner.
U
Ca 2. Title shall be merchantable in Owner, except as stated
o 3 in this paragraph and in paragraph 5 . Subject to
payment or tender as above provided and compliance by
o a County with the other terms and provisions hereof, Owner
I.4
shall execute and deliver a good and sufficient Special
O Warranty Deed to County at a time and place agreed upon
u by both parties, conveying the parcel free and clear of
lox all taxes, except general taxes for 1986 , payable
`:: ,5 January 1 , 1987 , free and clear of all liens for special
o improvements installed as of the date of the County' s
~ z signature hereon, whether assessed or not; free and
coa clear of all liens and encumbrances, and except the
°0o recorded and/or apparent easements, and subject to
z building and zoning regulations and reserving all
-w mineral rights to the Owner.
1/4O E
O z 3. General taxes for the year 1986 shall be apportioned to
✓ Z the date of delivery of the Deed based on the most
,O il w recent levy and the most recent assessment.
o z 4 . The date of closing shall be the date of delivery of
"' 4 said Special Warranty Deed and the receipt of payment by
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a Owner.
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x 5 . Except as stated in paragraph 2 and this paragraph, and
v c if title is not merchantable and written notice of
� m defect (s) is given by County or County' s agent to Owner
r' r' or Owner' s agent on or before date of closing , Owner
w w shall use reasonable effort to correct said defect (s)
prior to date of closing. If Owner is unable to correct
said defect (s) on or before date of closing, at Owner' s
option and upon written notice to County or County' s
agent on or before date of closing, the date of closing
shall be extended thirty (30) days for the purpose of
correcting said defect (s) . Except as stated in
paragraph 2 , if title is not rendered merchantable as
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
C _, , ' ''2
Page 3 of 6 Pages
.•. ,- ,
r o and all payments and things of value received hereunder,
0 U if any, shall be returned to County, provided that in
o
lieu of correcting such defect (s) , Owner may within said
d o u thirty (30) days , obtain a commitment for Owner' s title
insurance policy in the amount of the purchase price
Q
,.a reflecting title insurance protection in regard to such
0 3 defects , and the County shall have the option of
o
accepting the then existing insured title in lieu of
o a
„}w such merchantable title. The Owner shall pay the full
o a premium for such Owner' s title insurance policy.
O
w 6 . The Owner agrees to release County from all
1oa consequential damages , except as otherwise set forth
.. w herein in paragraph 8 and except damages caused by the
,�, w negligent or willful misconduct of the County or its
a employees , present or perspective, to the remainder of
1oa Owner' s property arising out of the construction,
operation, maintenance, or repair of the right-of-way to
N z be constructed therein.
O H
W
o m 7 . Time is of the essence hereof. All notes or checks
a received as earnest money hereunder, if any, or any
a r other payment due hereunder, if any, is not paid,
n w honored or tendered when due , or if any other obligation
'n hereunder is not performed as herein provided, there
o z shall be the following remedies:
N 4
O
a a. IF OWNER IS IN DEFAULT
w
a 1. County may elect to treat this contract as
d' m terminated, in which case all payments and
n things of value received hereunder, if any,
'" '-' shall be returned to County and County may
ma recover such damages as may be proper, or
2. County may elect to treat this contract as
being in full force and effect, and County
shall have the right to an action for specific
performance or damages, or both.
b. IF COUNTY IS IN DEFAULT
1 . Owner may elect to treat this contract as
terminated, in which all payments and things
of value received hereunder, if any, shall be
forfeited and retained on behalf of Owner and
Page 4 of 6 Pages
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Owner may recover such damages as may be
proper, or
2. Owner may elect to treat this contract as
0 u being in full force and effect and Owner shall
o have the right to an action for specific
in o performance or damages , or both.
u
a c. Anything to the contrary herein notwithstanding, in
0 3 the event of any litigation or rising out of this
• contract, the Court may award to the prevailing
o PG
tri-Cal party all reasonable costs and expenses , including
a attorneys fees
0
u 8 . Possession of the parcel for right-of-way shall be
VD a delivered to the County upon closing and shall not be
`- w subject to any leases or tenancies. Owner shall assume
o x all costs of compensating any tenants or lease holders
a for any damages as a result of the taking of any
VD a remainder.
co
c•1 z 9 . Owner represents and warrants as of the date hereof and
W as of the date of the closing that neither the execution
i° E" of this contract nor the consummation of the transaction
a provided for herein constitutes , or will result in, any
✓ a breach of any of the terms, conditions , or provisions,
a▪ w or constitute a default under , any indenture , charter,
Lil by-law, mortgage, loan agreement, lien, lease, license ,
N z judgement, decree , order, instrument or other verbal or
o written agreement to which Owner is a party of or is
subject to or to which the property is subject, except
04 £ as provided herein.
•41. VD 10 . It is agreed that County has authority pursuant to State
H n statute to condemn right-of-way for the construction of
"' '-' a public road and this proposal is made in lieu of
m w exercise of this power of condemnation.
11. This agreement embodies all agreements between the
parties hereto and there are no promises, terms,
conditions , or obligations referring to the subject
matter whereof other than as contained herein.
12 . This agreement shall be deemed a contract extending to
and binding upon the parties hereto, and upon their
representative heirs, devisees, executors,
administrators , legal representatives , successors and
Page 5 of 6 Pages
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assigns , that only when the same has been approved by
1° v the Board of County Commissioners of the County of Weld,
on behalf of Weld County, Colorado.
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0 3 13 . Owner agrees to County' s relocating an existing gate and
orx existing private access road shown in Exhibit "A"
w approving seventy (70) feet to the north.
O IN WITNESS HEREOF, he parties hereto have subscribed their
a
names this /1 day of 1986 .
VD
N 111
.. W
X 1_ i BOARD OF COUNTY COMMISSIONERS
W ATTEST: ?9.40.44t;,./ WELD COUNTY, . 00LORADO.
1/40
CO C...) Weld C n J rk a Recorder
o H and C1 Ir.L '(J � e O J cqu ine Jo nson, Chairman
F ` 43
O U1 -31
De u. yotat rk
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(The following section to be completed by Owner. )
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u a Owner accepts the above proposal this maday of
mn� , 1986 .
cr
rn BY
Elmer H. Jones.
ww
By: 9 1
A ice V. Jones
SUBSCRIBED AND SWORN to before me this /6 -k.4- day of n
, 1986 .
WITNESS my hand and official seal.
.NUHMMlN4rr.4 D �-dq �+ •
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ti�' �' ' `% Notary Public
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3 ° �-o-c c�^X c}mmission expires: `j' -a /- 97
�'.AU i?�..\ lee
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or 6
Page 6 of 6 Pages
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KNOW ALL MEN BY THESE PRESENTS, That, Whereas, RECORDER'S STAMP
Elmer H. Jones and Alice V. Jones (Husband and Wife) ,
of Greeley, Color by Deed of Trust
e dated the first day of September 19 77,
to and duly recorded in the office of the County Clerk and Recorder
of the County of Weld , in the
State of Colorado, on the ninth day of September , 19 77 ,
in Book 808 at rwe ¢.ft)4it7{1�5X IC
reception No. 1729963 )• conveyed to the Public Trustee
in said County, certain property in said
o u Deed of Trust described in trust to secure to the order of The First
National Bank of Greeley (n/k/a IntraWest Bank of Greeley, P. 0. Box 1058, Greeley,
'i u the payment of the indebtedness mentioned therein. Colorado 80631)
o WAND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have
been partially satisfied
oa
• A NOW, THEREFORE,at the request of the legal holder of the indebtedness secured by said ee
o of Trust, and in consideration of the premises, and in further consideration of the sum of
u Dollars to mein hand paid, the receipt whereof is hereby acknowledged,I,as the
Public Trustee in said Weld County, do hereby remise, release and quit-claim unto the
en present owner or owners of the property hereinafter described and unto the heirs, successors and J&
assigns of said owner or owners forever, all the right, title and interest which, I,as such
~ a Public Trustee have in and to that part and portion of the property, set forth and described in the
1/40
a aforesaid Deed of Trust, described as follows, to wit:
co o
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CD fa\ See Attachment "1."
to E-i
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to z
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a situate, lying and being in the County of Weld and
rn
State of Colorado.
rr
, TO HAVE AND TO HOLD the same, togctt•er with all and singular the privileges and appur-
w tenances thereto belonging forever. And further, that, as to the above described property, the said
Trust Deed is to be considered as fully and absolutely released,cancelled and forever discharged.
Witness my hand and seal this .?Jed day of Q ,19 PC .
"114-4-' (SEAL)
As the PuWle Trnste,In said County of WELD
STATE OF COLORADO, l
County of WELD•
}ia
The foregoing instrument was acknowledged before me this 02 til day of
Q`t-e , 19:4 , by ANNE D. NYE
as the Public Trustee in the said
• County of WEED ,Colorado.
My commission expires September, 15, 1981
Witness my hand and Official seal. /
glee
0 I 9th Street, Greeley, CO 80691 Notary Public
To the Public Trustee in said County of WEED •
Please execute this release, the indebtedness secured by the above mentioned Deed of Trust
having been partially paid and satisfied.
The First National Bank of Greeley n/k/a
IntraWest Bank Qf..Greeley
TI•legal holder
of the Inndebtedne,e secured by bald Deed of Trust.
BY: Executive Vice Vice President
•In counties where book and page numbers have been abolished.
No.927, PARTIAL RELEASE OF DEED OF TRUST ST THE PUBLIC TRUSTEE.
—Bradfo-d Pnhltehley Co., 1124-II Stout Street, Denver, Colorado —IY 70
PURPORTED COPY
•
ATTACHMENT "1"
A surface right-of-way over a tract or parcel of land containing
0.149 acres, more or less, in the NW; of Section 11 , Township 5
North, Range 65 West of the Sixth Principal Meridian in Weld
County, Colorado. The said tract or parcel is more particularly
described as follows:
Beginning at a point on the east right-of-way line (1986) of
County Road 45 and in the NWs of Section 11 , Township 5 North,
Range 65 West of the Sixth Principal Meridian from which a point
bears south a distance of 1024.44 feet from the NW corner of
Section 11 , bears N. 89°55' 05" W. , a distance of 27 . 50 feet, more
or less.
1. Thence S. 00°04' 55" E. along the east right-of-way line
(1986) of County Road 45 a distance of 324. 00 feet, more or
less , to a point on the Grantor' s south property boundary
line;
2. Thence N. 89°55' 05" E. along the Grantor' s south property
boundary line a distance of 20. 00 feet to a point;
3 . Thence N. 00°04' 55" W. a distance of 324 . 00 feet to a point;
4 . Thence S. 89°55' 05" W. a distance of 20 . 00 feet, more or
less , to the point of beginning.
The above described parcel contains 0 . 149 acres , more or less,
excluding all mineral interests thereunder.
KNOW ALL MEN BY THESE PRESENTS, That, Whereas, RECORDER'S STAMP
Elmer H. Jones and Alice V. Jones (Husband and Wife) ,
of Greeley, Colorado by Deed of Trust
dated the 31st day of May • 19 83 ,
and duly recorded in the office of the County Clerk and Recorder
of the County of Weld , in the
State of Colorado, on the 27th day of June , 19 83 ,
in Book 1000 at Pia MUMMY lC •
reception No. 1931491 )• conveyed to the Public Trustee
in said County, certain property in said
o 8 Deed of Trust described in trust to secure to the order of
o IntraWest Bank of Greeley, P. 0. Box 1958, Greeley, CO 80631
• 8 the payment of the indebtedness mentioned therein. •
U
AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have
0 3 been partially satisfied
o
NOW, THEREFORE,at the request of the legal holder of the indebtedness secured by said aegd
x of Trust, and in consideration of the premises, and in further consideration of the sum of •
-
O Dollars to me-in hand paid, the receipt whereof is hereby acknowledged,I,as the
w Public Trustee in said Weld County, do hereby remise, release and quit-claim unto the
rNi present owner or owners of the property hereinafter described and unto the heirs, successors and
o Iassigns of said owner or owners forever, all the right, title and interest which,I,as such ft-
Public Trustee have in and to that part and portion of the property, set forth and described in the
1.1 aforesaid Deed of Trust, described as follows, to wit:
ko co U
N z
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FSee Attachment "1."
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asituate,lying and being in the County of weld and
State of Colorado.
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r" t^ TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur-
wtenances thereto belonging forever. And further, that, as to the above described property, the said
Trust Deed is to be considered as fully and absolutely released,cancelled and forever discharged.
Witness my hand and seal this O' Ad day of ,192C•.
(SEAL)
As the Public Trustee in sold County of WELD
STATE OF COLORADO,
as.
County of WELD•
J
The foregoing instrument was acknowledged before me this s.) day of
c "`e
. , 19 76 , by ANNE D. NYE
7 as the Public Trustee in the said
County of WELD ,Colorado.
My commission expires September 15, 1987
Witness my hand and Official seal.
0 0 9th Street, Greeley, CO 80631 Notary Publla
To the Public Trustee in said County of WELD •
Please execute this release, the indebtedness secured by the above mentioned Deed of Trust
having been partially paid and satisfied.
IntraWest Bank of Greeley, N.A.
11•legal holder of the Indebtedness secured by said Deed of Trust.
0.A.f,�.y � . . l- �—
&-ct—t
BY:
Executive Vice President
•In counties where book and page numbers have been abolished.
ant• -)154
No.927. PARTIAL RELEASE OF DEED OF TRUST ST THE PUBLIC TRUSTER.
—Bradford Puhltehley Cn.. 11111.11 Stout Street. Denver.Colorado —IC 7n
PURPORTED COPY
AR2055510 1
•
•
RECORDER'S STAMP
THIS DEED,Made this day of May
119 86 ,between Elmer H. Jones and Alice V. Jones, Route
4, Box 175, Greeley, Colorado 80632
NO
20 of the County of Weld and State of Colo-
,
rado, of the first part, and Weld County, Colorado, by and
~ UO through the Board of County Commissioners of the County
CJ wimmxklgebutkhmsxiic of Weld, State of Colorado, 915
o Tenth Street, Greeley, Colorado 80631
0 3 of the
o a County of Weld and State of Colorado, of the second
fa W part;
a WITNESSETH,That the said part y of the first part, for and in consideration of the sum I'
O0 I of ONE THOUSAND FOUR HUNDRED TWENTY-TWO AND NO HUNDREDTHS
en W Dollars,
cn z to the said parties of the first part,in hand paid by the said part y of the second part,the
o 'A receipt whereof is hereby confessed and acknowledged, ha vegranted, bargained, sold and con-
r~ x veyed, and by these presents do grant, bargain, sell, convey and confirm unto the said
Gai I party of the second part, their heirs and assigns forever, all the following described
tco o a lot or parcel of land, situate, lying and being in the County of Weld
V and State of Colorado,to wit:
N z
O H
FSee Attachment "1."
O (0
a
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to
to Gra
ui
to z
oz
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0
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w
a Aiseximax caassittnetzensb imt
c (n
HI N
ri Ln Together with all and singular the hereditaments and appurtenances thereunto belonging, or in
HI HI
anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
CO Ca-, I issues and profits thereof; and all the estate, right,title,interest, claim and demand whatsoever,
I of the said part ies of the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said
premises above bargained and described,with the appurtenances, unto
the said part y of the second part,
I heirs and assigns forever.
And the said
I
part ies of the first part,for theiEelves , their heirs,executors and
administrators,do covenant,grant,bargain and agree to and with the said party of the
second part, its heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said part y of the second part, its heirs and assigns, against all and every I
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said part ies of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,The said part of the first part ha hereunto set
hand and seal the day and year first above written.
Signed, Sealed and Delivered in the presence of CA--. W yy2,-7 t f [SEAL]
Elmer H. Jone
/ [SEAL]
t.q . ii.--/ k./ 2�� [SEAL]
STATE OF COLORADO, e V. Jones
SS.
County of t(,'z.L7ci I
The foregoing instrument was acknowledged before me this /(,lb day of
211701.
19 g42 an-fruit, f . .s a /
P
st` t nt•ami uipon v*pires .-fix..- a..1 ,19 87 .Witness my hand and official seal.
v �•l,� Q R L• ‘44..,40 .... L "-1, Notary Public.
�a,. OEt l
Or f.0‘
tr,n r*, !0 l i
- -. --_ _ _ _ „dam_-_
No.16 SPECIAL WARRANTY DEED.—Bradford Publishing Co.,1824-46 Stout Street,Denver,Colorado(673-6011)1277 7r 1
N O ATTACHMENT "1"
0
0
"i ° A surface right-of-way over a tract or parcel of land containing
0. 149 acres, more or less, in the NIA of Section 11 , Township 5
North, Range 65 West of the Sixth Principal Meridian in Weld
0 m County, Colorado. The said tract or parcel is more particularly
o x described as follows:
o
z Beginning at a point on the east right-of-way line (1986) of
o County Road 45 and in the NWa of Section 11 , Township 5 North,
M a Range 65 West of the Sixth Principal Meridian from which a point
bears south a distance of 1024 . 44 feet from the NW corner of
.. o Section 11 , bears N. 89°55 ' 05" W. , a distance of 27 . 50 feet, more
or less.vp 1. Thence S. 00°04 ' 55" E. along the east right-of-way line
co u
(1986) of County Road 45 a distance of 324 . 00 feet, more or
o z less , to a point on the Grantor' s south property boundary
H line;
0 U
2. Thence N. 89°55' 05" E. along the Grantor' s south property
w boundary line a distance of 20. 00 feet to a point;
in ;14
LEI
Z 3 . Thence N. 00°04 ' 55" W. a distance of 324 . 00 feet to a point;
02
o '� 4 . Thence S. 89°55 ' 05" W. a distance of 20 . 00 feet, more or
4
u > less, to the point of beginning.
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a The above described parcel contains 0 . 149 acres , more or less ,
4ci4ci excluding all mineral interests thereunder.
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. AR2114085
RELEASE OF ALL CLAIMS
h] CO
or
KNOW ALL MEN BY THESE PRESENTS : r r
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That the undersigned, for the sole consideration of $1 ,000 .00
to the undersigned in hand paid, receipt whereof is hereby
acknowledged, do hereby and for our heirs, executors, m n
administrators , successors , and assigns , release , acquit, and o
forever discharge Weld County, Colorado, a body corporate and z
politic of the State of Colorado, by and through the Board of z H
County Commissioners of Weld County, Colorado, and its employees, hi o
contractors, agents , servants , and successors , hereinafter C0
referred to as the "Releasees, " from any and all claims , actions, m
causes of action, demands , rights , damages , costs , loss of m o
service, expenses, and compensation whatsoever which the S to
Pito
undersigned now have or which they may hereafter accrue , based z o
either in tort or in contract, on account of or in any way growing n m
out of any and all known and unknown, foreseen and unforeseen
injuries, loss , or damage and the consequences thereof resulting m
to or to result from the following: The extraction and removal of m
gravel and/or other materials by Releasees prior to and during the a ,,
course of said construction of Weld County Bridge 45/584B, which w
is also known as the bridge over the Cache La Poudre River for n
Weld County Road 45 , from the riverbed of said river within the
boundaries of property owned by the undersigned which is described M
as the South Half (Si) of the Northwest Quarter (NW* ) of the hiv
Northwest Quarter (NW}) of Section 11 , Township 5 North, Range 65 z 0
West of 6th P.M. , Weld County, Colorado, including that property Z o
lying beneath the right-of-way of Weld County Road 45 as it t,
crosses the Cache La Poudre River. U
n
O
It is understood and agreed that this settlement is the n o
compromise of a doubtful and disputed claim, that the payment made o n1
is not to be construed as an admission of liability on the part of
the party or parties hereby released, and that said Releasees have
denied liability therefore and intends merely to avoid litigation
and buy its peace.
The undersigned hereby declare and represent that no promise,
inducement, or agreement not herein expressed has been made to the
undersigned, and that this Release contains the entire agreement
between the parties hereto, and that the terms of this Release are
contractual and not a mere recital.
Page 1 of 2 Pages
hi W
H F.
THE UNDERSIGNED HAVE READ THE AFOREGOING RELEASE AND FULLY N.) ---J
UNDERSTAND IT. w o
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n
Signed as of this 4 day of Je ,f `<
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19 7 • z �
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m co
ELMER H. JONES M o
cciitESTCRI,J3FD AND SWORN to before me this x 1,11- day of z o
tfri-H..a , 19 %j 7 O
I'
t' .. 0 NESS my hand and official seal. n co
Notary Public_ ' c8
/ 0 / 7- _ , 06„ GC-ow . e-r---gcy2
My�mmission expires: O ' el
tv af, / l? •
ICE V. JONES/ n
/ ON
SV$g"ORTBED AND SWORN to before me this `f T
4 ti day of o
A 19 37 O N
` t lf$'SS5nY hand and official seal.
EOF I.- Notary Public/O/7_ /O-z/1 t--Low . �-<-cEci,
My commission expires/rte E1 /7/f
APPROVED AS TO FORM:.77;71// /clie-9 ,. ,
/
Ann LaPlante
Attorney for Elmer and Alice Jones
Page 2 of 2 Pages
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ATTACHMENT "1"
A surface right-of-way over a tract or parcel of land containing
0 . 149 acres, more or less , in the Nick of Section 11 , Township 5
North, Range 65 West of the Sixth Principal Meridian in Weld
County, Colorado. The said tract or parcel is more particularly
described as follows:
Beginning at a point on the east right-of-way line (1986) of
County Road 45 and in the NW4 of Section 11 , Township 5 North,
Range 65 West of the Sixth Principal Meridian from which a point
bears south a distance of 1024 . 44 feet from the NW corner of
Section 11 , bears N. 89°55 ' 05" W. , a distance of 27 . 50 feet, more
or less.
1. Thence S. 00°04 ' 55" E. along the east right-of-way line
(1986) of County Road 45 a distance of 324. 00 feet, more or
less , to a point on the Grantor' s south property boundary •
line;
2. Thence N. 89°55 ' 05" E. along the Grantor' s south property
boundary line a distance of 20. 00 feet to a point;
3 . Thence N. 00°04 ' 55" W. a distance of 324. 00 feet to a point;
4. Thence S. 89°55' 05" W. a distance of 20 . 00 feet, more or
less , to the point of beginning.
The above described parcel contains 0 . 149 acres , more or less,
excluding all mineral interests thereunder.
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