HomeMy WebLinkAbout890991.tiff 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 Ellsworth E. Zoller and Donna M. Zoller
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 Ellsworth E. Zoller and Donna M. Zoller
are located in the NEl of Section 21, 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 Ellsworth E. Zoller and Donna M.
Zoller 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.
890991
R D000ri et; Est; 3.0-) - -
•
Page 2
RE: RIGHTS-OF-WAY AND/OR EASEMENTS - ZOLLER
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: "Thet-ISUMtn) WELD COUNTY, COLORADO
Weld County Clerk and Recorder ��,
and Clerk' to= the Board C.W. Kirb , Ch rman
v EXCU
BY: Q T7• QQ/� Jac ine Johnso Pro-Tem
key
uty ounty Clerk
APPROVED AS TO FORM: ene R. BBrantn
George Ke e
County Attorney
Gord c
890991
AR2191925t
AGREEMENT FOR SALE AND PURCHASE OF VACANT
O LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS
oU
• THX1 AGREEyENT, made and entered this S— day of
rio8 l/�U.SJ` , 19 89 , by and between Weld County,
Colorado, y and through the Board of County Commissioners of the
a , County of Weld, Colorado, hereinafter referred to as "County, " and
o N i Ellsworth E. Zoller and Donna M. Zoller
oi vr hereinafter referred to as "Owner. "
2 .
WHEREAS, County wishes to purchase from 'Owner certain lands
N A . described below for the purpose of providing County with a right-
m of-way, and
•. w
0
H N I WHEREAS, Owner wishes to sell to County the land for right-
T4 of-way for the consideration below mentioned.
rna
wU
in 2 WITNESSETH:
H H
rn H That in consideration of the payment by County to Owner of
Om ' the sum of Four Hundred Seventy-Five Dollars and no/100's
($ 475.00 ) , in
NA , cash, and other good and valuable consideration, Owner agrees to
al w sell to County and County agrees to purchase from Owner the
01Z right-of-way and/or easements described in Exhibit(s) "A" & "C"
N4 . which is attached hereto and is incorporated herein by reference.
' Any right-of-way described therein is hereinafter referred to as
wR l "right-of-way, " and any easement described therein is hereinafter
x , described as either "temporary easement" or "permanent easement. "
d'o The agreement of sale and purchase of right-of-way and
ti o , Temporary Easements is subject to the following conditions:
ww
1 . Owner shall furnish to County a Special Warranty Deed
conveying only the surface rights of right-of-way and
_
Temporary Easements
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
shall execute and deliver a good and sufficient Special
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
Page 1 of 5 Pages 890991
special improvements installed as of the date of the
County's signature hereon, whether assessed or not;
7 free and clear of all liens and encumbrances, and
r o . except the recorded and/or apparent easement, and
o uI subject to building and zoning regulations and
0 „ reserving all mineral rights to the Owner.
N O '
O 3 . DELETED
ow• 4 . The date of closing shall be the date of delivery of
0o x said Deed and the receipt of payment by Owner.
z▪ • 5. Except as stated in paragraph 2 and this paragraph, and
o if title is not merchantable and written notice of
o defect(s) is given by County or County' s agent to Owner
M a or Owner' s agent on or before date of closing, Owner
.. 0 shall use reasonable effort to correct said defect(s)
0 prior to date of closing. If Seller is unable to
ral
g correct said defect(s) on or before date of closing, at
rn i-1 option and upon written notice to County or
'--..co c.) County' s agent on or before date of closing, the date
in H of closing shall be extended thirty ( 30) days for the
H;� purpose of correcting said defect(s) . Except as stated
o CZ
E in paragraph 2, if title is not rendered merchantable
x as provided •in this paragraph 5, at County' s option,
N A this contract shall be void and of no effect and each
party hereto shall be released from all obligations
O1w hereunder and all payments and things of value received
al z hereunder, if any, shall be returned to County,
N 4 provided that in lieu of correcting such defect(s) ,
Ua Owner may within said thirty ( 30 ) days, obtain a
commitment for Owner' s title insurance policy in the
a amount of the purchase price reflecting title insurance
v o protection in regard to such defects, and the County
Nel shall have the option of accepting the then existing
HO insured title in lieu of such merchantable title.
mw
' 6 . The County shall be responsible to the property owner
for any and all damages caused by the negligent or
willful misconduct of the County, its employees or
subcontractors, present or perspective to the remainder
of owner' s property and to any crops growing on the
property to be acquired 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 and checks
received of earnest money hereunder, if any, or any
Page 2 of 5 Pages
890991
•
other payment due hereunder, if any, is not paid,
honored or tendered when due, or if any other obligation
no ' hereunder is not performed as herein provided, there
o shall be the following remedies:
•
`n toi a. IF OWNER IS IN DEFAULT
a '
o � ; 1. County may elect to treat this contract as
- o g , terminated, in which case all payments and
o things of value received hereunder, if any,
shall be returned to County and County may
o . recover such damages as may be proper, or
u .
•• N a 2. County may elect to treat . this contract as
;; � , being in fulr force and effect, and County
shall have the right to an action for specific
performance or damages, or both.
a I,
co I b. IF COUNTY IS IN DEFAULT
Wiz '
F1. Owner may elect to treat this contract as
o terminated, in which all payments and things
of value received hereunder, if any, shall be
Ln N al forfeited and retained on behalf of Owner and
• c w ' Owner may recover such damages as may be
proper, or
N
2. Owner may elect to treat this contract as
o being in full force and effect and Owner shall .
a I have the right to an action for specific .
d, cn ; performance or damages, or both.
pro
H CI c. Anything to the contrary herein notwithstanding, in
w 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 bf 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,
Page 3 of 5 Pages 890991
o UI judgment, decree, order, instrument or other verbal or
o written agreement to which Owner is a party of or is •
mi. o subject to or to which the property is subject, except
o
as provided herein.
A
a
o 10 . It is agreed that County has authority pursuant to State
statute to condemn right-of-way for the construction of
co-icl a public road and this proposal is made in lieu •of
- 2 exercise of this power of condemnation.
O
N al 11 . This agreement embodies all agreements between the
, , parties hereto and there are no promises, terms,
o0 conditions, or obligations referring to the subject
H M matter whereof other than as contained herein.
N
co I-4
12. This agreement shall be deemed a contract extending to
N z and binding upon the parties hereto, and upon their
.i H representative heirs, devisees, executors,
;E administrators, legal representatives, successors and
o a assigns, that only when the same has been approved by
lal the Board of County Commissioners of the County of Weld,
N cn w , on behalf of Weld County, Colorado.
H
m z 13 . Other: Weld County will pay Security Title reasonable costs
—R_z
N ', to update abstract to include this entry.
o -
Oaf
a
't o
aHI
N Cr) ,
HO IN WITNESS/ HEREOF,„„t4parties hereto have subscribed their
M Ai :names this ..-/./
a day of _,ty 1„_,Li , 19 "y .
' BOARD OF COUNTY COMMISSIONERS
c f�' - 4 .i ��w" !
ATTEST WELD COUNTY, COLORADO.
WeldlEo rnt - C le: viand Recorder �J;
and ' t�'d \tfi , 'and Chairman'�k
er
By. r 'T .. . •
Deputy Counterk
C-
(The following section to be completed' by Owner. )
Oycer accepts the above proposal this .E `.4 day of
/7uJc C/Sf , 197_.
BY: // tt/n•.f
890991
Page 4 of 5 Pages
d ' .
S
i
SUBSCRIBED AND SWORN to before me this day of
, 19
WITNESS my hand and official seal.
No .
o U . -
0
. tool .
u ' Notary Public
a My commission expires:
o •
Owner accepts the above proposal this day of
qa , 19
O
u .
Na
cn By:
0
SUBSCRIBED AND SWORN to before me this day of
OD I , 19
. H+ WITNESS my hand and official seal.
rn H
o oA
mow '
Notary Public
•
cn z My commission expires:
N FI4
•
O �
C.) I:4
w
a
N ri 0 O '
•
•
•
• 890991
Page 5 of 5 Pages
I
, `• . .PARCEL NO. 1 ELLSWORTH E. AND
•
REV. 1 DONNA M. ZOLLER
EXHIBIT "A"
DESCRIPTION
i 1
o U I A tract or parcel of land no. 1 of Weld County, Project No. 7/42A
containing 0.547 acres, more or less, in the NE 1/4 of Section 21, T.4N. ,
• O R.68W. , of the 6th P.M. , in Weld County, Colorado, said tract or parcel
Un being more particularly described as follows:
o Beginning at a point on the west right-of-way line of the county
road (1989) from which the NE corner of Section 21, T.4N. , R.68W. ,
t 6th P.M. bears N. 01°10'48" E. a distance of 2,040.37 feet;
2
0 1. Thence N. 89°39' 19" W. a distance of 10.00 feet;
W
ch 2. Thence S. 00°20'41" W. a distance of 595.92
o feet to the east-west centerline of Section 21;
� x
o, 3. Thence S. 89°55'50" E. a distance of 40.00 feet along
0° U the east-west centerline of Section 21 to the center of
Z the county road (1989) ;
.-f H
• 3T7 '
o a 4. Thence N. 00°20'41" E. a distance of 595.72 feet along
the center of the county road (1989);
in
rn w 5. Thence N. 89°39' 19" W. a distance of 30.00 feet,
rn z more or less, to the point of beginning.
▪ z
N R4
O
aThe above described parcel contains 0.547 acres, more or less, of which
g0.410 acres are in the right-of-way of the present road.
V. N
Basis of Bearings: Assuming the north line of said Section 21 as bearing
N▪ i N. 89°39'19" W. from the NE corner of Section 21, T.4N. , R.68W. , 6th P.M.
aow
Excepting all mineral interests thereunder.
:ldzoller
990991
Le ,.
BRO 0003(6)
c 1 TE1
REV. 2
N O
o U
o EXHIBIT "C"
N O
U TEMPORARY EASEMENT
a
The Owner's property, of which Temporary Easement No. TE1 is a part
o a thereof, is more particularly described as follows:
CO-isl
p Part of the NE 1/4 of Section 21, Township 4 North, Range
68 West of the Sixth Principal Meridian, County of Weld,
State of Colorado.
WHEREAS, the description of Temporary Easement No. TE1 within
the Owner's property is more particularly described as follows:
fr, a
co U An area of land, 186' X 210' , lying parallel to and adjacent to
H the project's northerly permanent easement from station 24+50,
H right, and extending southerly to station 26+36.07, right, the
o a east-west section center line of Section 21, as part of Weld
County Project No. BRO 0003(6).
• W
et G. The above described Temporary Easement No. TE1 is for the purpose of
o� 2 making improvements to a field road and to the channel of the Little
N Thompson River.
a 0 a I Temporary Easement No. TE1 shall be null and void thirty (30) days
after completion of construction.
� � I
N fl
ri
kf
:ldtel
•
890991
Hello