HomeMy WebLinkAbout880433.tiff RESOLUTION
RE: DECLARE CERTAIN PROPERTY AS SURPLUS AND APPROVE MEMORANDUM OF
AGREEMENT WITH STATE DEPARTMENT OF HIGHWAYS 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, State statute and the Weld County Administrative
Manual require that all items disposed of be declared surplus by
the Board of County Commissioners, and
WHEREAS, the County has determined that a certain parcel
containing 14 . 135 acres, more or less, and located in the SE} of
Section 1 , Township 5 North, Range 65 West of the 6th P.M. , Weld
County, Colorado, is no longer required for County use, and
WHEREAS, the Board has been presented with a Memorandum of
Agreement with the State Department of Highways concerning the
purchase of said parcel, and
WHEREAS, the terms and conditions are as stated in said
Memorandum, a copy being attached hereto and incorporated herein
by reference, and
WHEREAS, after study and review, the Board deems it
appropriate to declare said parcel as surplus property and approve
said Memorandum of Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the above described
parcel be, and hereby is, declared surplus property.
BE IT FURTHER RESOLVED by the Board that the Memorandum of
Agreement with the State Department of Highways concerning the
purchase of said parcel be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Memorandum of Agreement.
880433
Page 2
RE: DECLARE SURPLUS AND APPROVE MEMORANDUM OF AGREEMENT
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 1st day of
June, A.D. , 1988 .
: ) BOARD OF COUNTY COMMISSIONERS
ATTEST: �� �� WE COUNTY, COLORADO
Weld Count lerk and Recorder j6 entir
and Clerk to the Board Gene Brantncr, Chairman CIFIL• x"79/ C.A. Rir y, Pro Tem
Deputy lerk
County
APPROVED AS TO FORM: a.que J s•
/ L
(/
County Attorney ;' .1, :
Frank `Yamaguchi
880433
Memorandum
NO; p 03-0004(0
AGREEMENT LOCATION Exist of Gree-LThy
PARCEL NO II�
STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATION TO STATION
STATE OF COLORADO STATE HWYNO.26'R COUNTY Weld
AGREEMENT has been reached this 1st day of June ,A.D., 19 88 , between the owner ar owners
of the above designated parcel or parcels,herein collectively called theGRANTOR,and the STATE DEPARTMENT OF HIGHWAYS, DIVISION
OF HIGHWAYS, STATE OF COLORADO, herein called the GRANTEE, 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 a Permanent Easements, described in attached exhibits,containing 14.135 acre3//dp'4/ NET
and Improvements as follows: Barbed Wire Fence
$ 6,825.00
Damages •
3
s 6.825.00
GROSS TOTAL
LESS CREDIT FOR 3
NET TOTAL $ 6,825.00
OTHER CONDITIONS: This Agreement is contingent upon the Grantee obtaining the necer..na.ry
requirements for the construction of a maintenance facility. These requirements
are as follows: approval for a septic system; approval for the installation of
fuel tanks; obtaining the necessary building permits; obtaining the proper zoning;
and obtaining a water tap.
•
•
THE PARTIES HERETO FURTHER AGREE AS FOLLOWS:
I. The Grantor agrees to pay all taxes and special assessments due at the time of closing, including pro-rated taxes for the current year.
2. It is agreed the Grantors hove entered this Agreement solely because the Grantee , having the power of eminent domain, requires the property for a public purpose and
there is no intent to place the Grantors in violation of any subdivision regulation or other lows related thereto,
3. The payment herein provided constitutes full compensation for the fee simple estate of the parcels described.
Grantor agrees to hold grantee harmless from any claims of any kind by anyone claiming
any interest in said property, except for any benefits which may be.due under the
relocation law.
q.' Thls memorandum embodies ail agreements betwun the parties hereto and there are no promises, terms, conditions, or obligations referring to the
subject matter whereof other than as herein contained except for any agreement reached on relocation.
5_ Possession of these parcels shall be granted at the time payment is tendered unless otherwise provided for in accordance with TITLE III of the UNIFORM
RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970.
6 This Agreement shall be deemed o contract extending to and binding upon the parties hereto, and upon their respective heirs, devisees, executors, administrators,
legal representatives, successors and assigns, but only when the same shaft have been approved by one of the following on behalf of the Division. Staff
Right of Way Manager , Assistant Staff Right of Way Manager, District Engineer, Assistant District Engineer, or District Construction Engineer, or their
superiors.
dompensation hereinobove agreed upon shall be paid upon the execution and delivery of a good and sufficient deed as
indicated below. WELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
li th
/ te Wa nt !!I'J��/. Way
J
ATTEST:
Approved for payment as above:
171?-114-4--g-
Right n[y r c
mwso u u
Right of Way Engineer/Rupr ' I"ep y
Division Approval Grantor
Grantee to prepare the following documents: •
Easement(s)
Warranty Deed w/Min. Resv. Release(s)
•
Access Deed • Other
Order Warrant 3 Payable To:
Order Warrant 3—_ Payable To:
e:
880433
PROPERTY DATA
Identification
The subject property consists of TWO ( 2 ) ADJACENT TRACTS OF
VACANT ( No buildings ) LAND identified as :
TRACT A containing 13 . 398 Acres ; and
TRACT B containing . 737 "
TRACTS A & B 14 . 135 Acres ( +/- ) .
Location
About 3-1/2 miles east of the city limits of Greeley ,
Colorado and/or about 1/2 mile east of the Weld County
Municipal Airport on the south side of Colorado State Highway
263 (8th Street) .
Address
None Assigned ( 23000 Block Hwy 263
Weld County, Colorado)
Note: The Humane Society of Weld County has an animal
shelter located immediately east of Tract A at 23700 Hwy 263 .
Legal Description
A tract of land located in the SE1/4 of Section 1, Township
5 North, Range 65 West of the 6th P .M . , Weld County, Colorado
lying North and West of the Ogilvy Ditch as the same is now
constructed, and being more particularly described as follows :
Beginning at the North Quarter Corner of said Section 1 ,
and considering the North-South centerline of Section 1 as
bearing South 0D33' 14" West, with all other bearings contained
herein being relative thereto;
Thence South 0D33 ' 14" West along the North-South centerline
of said Section 1 , 3, 175 . 57 feet to a point on the Southerly
R-O-W line of Colorado State Highway No . 263, said point being
the True Point of Beginning;
Thence, North 78D10 ' 11 "East along the Southerly R-O-W line
of said Colorado State Highway No . 263 . 1 , 413 . 92 feet to a
point on the approximate Northwesterly R-O-W line of the
Ogilivy Ditch as the same is now constructed ;
Thence along the approximate Northwesterly R-O-W line of
said Ogilvy Ditch by the following courses and distances :
South 16D52 ' 20" East, 144 . 00 feet;
21D42 ' 45" East, 210 . 97
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LEGAL DESCRIPTION Cont' d
South 09D28 ' 09" West, 84 . 09 feet;
" 50D06 ' 41" 103 . 06
• 77D33 ' 22" " 135 . 50 "
• 79D23 ' 31 " 402 . 37
" 77D44'05" 188 .75
34D47 ' 38" 382 . 62
It
63D47 ' 35" 127 . 75
North 82D05 ' 07" " 63 . 15 "
43D15 ' 05" 152 . 37
60D38 ' 55 " 214 . 30
• 76D02 ' 33 " 67 .72
" 02D58 ' 31 " 394 . 35 feet to the Southerly R-O-W
line of Colorado State Highway No. 263;
Thence North 78D10 ' ll" East 92 . 30 feet to the True Point of
Beginning where the North-South centerline of said Section 1
intersects the Southerly R-O-W line of Colorado State Highway
No. 263 .
Owners of Record
County of Weld
State of Colorado
Assessment and Taxes
Not subject to assessment or taxation as it is county owned
property.
AREA DATA
It is assumed that readers of this report are sufficiently
familiar with the Weld County area and require no statistical
data in that regard .
NEIGHBORHOOD DATA
The subject property is located about 1/2 mile east of the
Weld County Municipal Airport eastern boundary . The airport is
located on about 320 acres;
{ Other land across Hwy 263, north of the subject, is
primarily irrigated farmland;
Land south of Hwy 263 is generally classified as river
bottom land as the Cache la Poudre River (flowing easterly from
the northwest) and the South Platte River (flowing easterly
from the southwest) join at a point about 1/2 mile southeast of
the subject property . An irrigation ditch (Olgivy ) forms the
subject property ' s southern boundary;
The Human Society of Weld County has an animal shelter at
the subject property ' s eastern boundary line and typical river
bottom land borders the subject property on the west .
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