HomeMy WebLinkAbout880875.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHT-OF-WAY WITH EDWARD D. PERRY 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 between Weld
County and Edward D. Perry, and
WHEREAS , said Agreement concerns a parcel of land located in
the NE* of Section 25 , Township 1 North, Range 67 West of the 6th
P.M. , Weld County, Colorado, with the terms and conditions being
as stated in the Agreement, and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement, 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 Agreement for
Sale and Purchase of Vacant Land for Right-of-Way between Weld
County and Edward D. Perry 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 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 .
`il� earn BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD UNTY, COLORADO
Weld County Clerk and Recorder it
and Clerk to the Board Gene R.. Brantner, Chairman
—
BY\c[1 \A krl `,.a _ \ �t:j-7--, C.W. K irby, Pr -Tem
Deputy County Clerk
EXCUSED DATE OF SIGNING - AYE
APPROVED AS TO FORM: Jacqueline Johnson
f
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Goreldn act "'
County Attorney #
Frank a guc
(2\t, 6 004
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AR2155412 \A( G R Co , oc
par. (NI, .
AGREEMENT AGREEMENT FOR SALE AND PURCHASE
OF VACANT LAND FOR RIGHT-OF-WAY
HIS AGREEMENT, made an entered this ��Y day of
�(J ?I3 ]F' , 19 ��
, by and between Weld County,
Colors , by and through the Board of County Commissioners of the
County of Weld, Colorado, hereinafter referred to as "County, " and
Edward D. Perry " W
N
hereinafter referred to as "Owner. " N o
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WHEREAS, County wishes to purchase from Owner certain lands v4
described below for the purpose of providing County with a right- WO
of-way, and O
'fl N
WHEREAS, Owner wishes to sell to County the land for right- z n
of-way for the consideration below mentioned. Pt a
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C, N
WITNESSETH:
m
That in consideration of the payment by County to Owner of yko
the sum S z
C.3 use «Gt tS/sr.so tuso lAut_.1L7P_Y) ""/ ($ 8�0 OfF 1� OC1•`� , in
�( co
cash, and other good and valuable con Si� 'Yation, Owner agrees to n
sell to County and County agrees to purchase from Owner the
right-of-way shown in Exhibit "A" which is attached hereto and is
incorporated herein by reference , hereinafter referred to as v -
"right-of-way, " and which is described as follows :
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SEE ATTACHED O
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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
conveying only the surface rights of right-of-way.
Page i of 5 Pages 880875
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 mm
Warranty Deed to County at a time and place agreed upon i
by both parties, conveying the parcel free and clear of N m
all taxes , except general taxes for 19$7 , payable m
January 1 , 1988 , free and clear of all liens for zy
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 y N
recorded and/or apparent easements, and subject to z
building and zoning regulations and reserving all th
mineral rights to the Owner. tTy .
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3 . General taxes for the year 1988 shall be o
apportioned to the date of delivery of the Deed based on H o
the most recent levy and the most recent assessment. [ham
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4 . The date of closinc shall be the date of delivery of n m
said Special Warranty Deed and the receipt of payment by t, co
Owner.
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5 . Except as stated in paragraph 2 and this paragraph, and U,
if title is not merchantable and written notice of W °J
defect (s) is given by County or County ' s agent to Owner n
or Owner' s agent on or before date of closing, Owner
shall use reasonable effort to correct said defect (s) O{„
prior to date of closing. If Seller is unable to W O
correct said defect (s) on or before date of closing, at
Owner ' s option and upon written notice tc County or t., o
County' s agent on or before date of closing, the date of 0
closing shall be extended thirty (30) days for the n
purpose of correcting said defect (s) . Except as stated o
in paragraph 2 , if title is not rendered merchantable as n o
provided in this paragraph 5 , at County' s option, this oo,
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
Page 2 cf 5 Pages 880875
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 X 0
negligent or willful misconduct of the County or its
employees , present or perspective , to the remainder of o M
Owner' s property arising out of the construction, o
w ko
operation, maintenance, or repair of the right-of-way to
be constructed therein.
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7 . Time is of the essence hereof. All notes or checks N
received as earnest money hereunder, if any, or any z
other payment due hereunder, if any, is not paid,
honored or tendered when due , or if any other obligation
hereunder is not performed as herein provided , there N
shall be the following remedies: X C3
H ko
a . IF OWNER IS IN DEFAULT
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1 . County may elect to treat this contract as n co
terminated , in which case all payments and r co
things of value received hereunder , if any, x
shall be returned to County and County may u,
recover such damages as may be proper , or
zco
2 . County may elect to treat this contract as
being in full force and effect, and County z
shall have the right to an action for specific 0
performance or damages , or both.
Eo
b. IF COUNTY IS IN DEFAULT r o
1 . Owner may elect to treat this contract as
terminated , in which all payments and things o w
of value received hereunder , if any, shall be o
forfeited and retained on behalf of Owner and on crl
Owner may recover such damages as may be
proper , or
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 Paces 880875
.
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 hiW
for any damages as a result of the taking of any
remainder. o E.3
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9 . Owner represents and warrants as of the date hereof and
as of the date of the closing that neither the execution xn
of this contract nor the consummation of the transaction < o
provided for herein constitutes , or will result in, any y n)
breach of any of the terms, conditions, or provisions , z
or constitute a default under, any indenture, charter, u'
by-law, mortgage , loan agreement, lien, lease, license, l7 �
judgment, decree , order, instrument or other verbal or
written agreement to which Owner is a party of or is x o
subject to or to which the property is subject, except S 1
as provided herein. H
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10 . It is agreed that County has authority pursuant to State n co
tioo
statute to condemn right-of-way for the construction of
a public road and this proposal is made in lieu of x
exercise of this power of condemnation. anu
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11 . This agreement embodies all agreements between the mco
parties hereto and there are no promises , terms , 0
conditions , or obligations referring to the subject
matter whereof other than as contained herein. idy�
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12 . This agreement shall be deemed a contract extending to E o
and binding upon the parties hereto, and upon their � o
representative heirs , devisees, executors, O
administrators , legal representatives , successors ando
n
assigns , that only when the same has been approved by
the Board of County Commissioners of the County of Weld ,
on behalf of Weld County, Colorado. 0rn
13 . Other: New fence to be placed on new right-of-way line at no
cost to owner.
•
880575
Page 4 of 5 Pages
�._
IN WITNESS HEREOF, the parties hereto have subscribed their
names this 31st day of Auqust , 19 88 -
BOARD OF COUNTY COMMISSIONERS
ATTEST: �2 � WEL �/QO UNTY, COLORADO.
Weld County Clerk and Recorder .4 2! J•Lf t Agiltxt,
frii
and Clerk ,to ,the Board Chairman °o
� �'y / -- IQ
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By: LT)Jt_1)LC G 1' t_,,„L., N a
ui 1/4o
puty County lerk
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(The following section to be completed by Owner. ) k n
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Owner accepts the above proposal this 4€ -7's day of z
A.ut... , 19 8ES. - z u'
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By: '-s1�c,C, m N
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SUBSCRIBED AND silpRN to before me this r} day of z ''",
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WITNESS my hand and official seal. m
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Page 5 of 5 Pages 880875
EXHIBIT "A"
7 G1
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DESCRIPTION NJ O
rnlD
A tract or parcel of land No. 2 of the State Department of
Highways, Division of Highways, State of Colorado, Project No. k n
BR0 0003(4) containing 36,000 sq.ft. , more or less, in the North- • N
east Quarter (NE1/4) of Section 25, Township 1 North, Range 67 z -
West, of the 6th Principal Meridian, in Weld County, Colorado, z
said tract or parcel being more particularly described as m
follows: q n>
tri
Beginning at a point on the North line of said Northeast Quarter
M 1/4O
from which the Northeast Corner of Section 25 bears, North 90°
00'00" East, 134.57 feet; thence, South 0°00'00" West, 60.00 z
feet; thence, South 90°00'00" West and parallel to the North line ' n co
of said Northeast Quarter, 600.00 feet; thence, North 0°00'00" rr o0
East, 60.00 feet to a point on the North line of said Northeast xf
Quarter; thence, along said North line, North 90°00'00" East,
600.00 feet to the Point of Beginning. e '
mco
The above described parcel contains 36,000 sq.ft. , more or less,
of which 10,200 sq.ft. are in the right of way of the present O
road.
,v• o
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Basis of Bearings: The North line of the Northeast Quarter of S o
Section 25 as bearing, North 90°00'00" West from a found steel m o
rod in Pipe at the Northeast Corner of Section 25 to a found 1"
steel rod at the North Quarter Corner of Section 25.
O rn
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880875
mEMORRnDUM
wukTo Clerk to the Board Date__ August 29, 1988
COLORADO From Rhonda Snyder, Road & Bridge Department
Subject: Agreement
Please find attached the original "Agreement for Sale and Purchase
of Vacant Land for Right-of-Way" and the "Memorandum of Agreement"
both needing the Chairman's signature.
If they could be placed on the agenda for Wednesday' s meeting, I
would appreciate it.
Please call me if you have questions. Thank you.
RS
880875
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AfZ2159173 o'clock M, on Book Page
Jo, Recorder
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• c llillldll(lf Uk,ext
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 GRANTEE.
• The GRANTOR hereby sells and conveys the property to the GRANT E F 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. yshich the GRANT CE
•will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations
and exceptions (4)anv outstanding mineral interests shown of record(5)any protective covenants and restric-
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tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions"
•
The specific terms of this deed are:
GRANTOR: Give namelal and place's) of residence. it the spouse of the owner-grantor is mining in this Deed to release hnmrsread tights,
identity grantors as husband and wile )
•
Edward D. Perry
141 Kiely Boulevard, Santa Clara, California 95051
GRANTEE: (Cave name's)and addressles). statement of address, including available road or street number, is required )
•
Weld County, Colorado, a body coLporate and politic of the State of Colorado, by
and through the Board of County Commissioners of Weld County.
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FORM OF CO-OWNERSHIP: 111 there are two or more grantees named, they will be considered to lake as tenants in common unless
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the words"in loins tenancy"or words of the acne meaning are added in the spare below )
PROPERTY DESCRIPTION: (Include county and slate) -
•
• See Exhibit "A" which is attached hereto.
B 1213 REC 02159173 10/20/88 10 : 12 $0 . 00 1/002
• F 0600 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
CONSIDERATION: (The statement of a dollar amount is optional, adequate r rinslderanon for this dirrrl still hr presumed unless this
r onves ante is identified as a gilt; in any case this convesance is absolute. final and unconditional I
One Dollar ($1.00) and other valuable consideration.
RESERVATIONS-RESTRICTIONS: Ill the CRAN1OR intends to resents any interest in the property or to convey less than he owns, or
if the GRANTOR is restricting the GRANI II'S rights in the property. make appropriate indication I
• See Exhibit r:T"
• ADDITIONAL WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not covered above )
•
cry OFFICIAL r 1U
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<i►it:1 CHRISTINA USZKOWSKI
• 4 - Zy NOTARY PUBLIC - CALIFORNIA
•
• . IWO,n1t1 SANTA CLARA COUNTY• ....�- My comm. expires MAR 26, 199()'\
•
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Signed on c 1 i.�" / 3 , 19 513/
Attest: Grantor
Grantor
STATE OF COLORADO ) •
•• ss
• COUNTY OF ) Grantor
The foregoing instrument was acknowledged before me this day of , 19
by
WITNESS my hand and official seal.
My commission expires:
Notary Public
Cr-r:•-••
STATE OF C E -�' )
•
COUNTY OF S r� z C t c . <. .55' t7
The foregoing instrument was acknowledged before me this - day of CT c 19 d a
by ( r< , '«
VVITNESS my hand and official seal.
•
My commission expires: �
i) //O• Notary Public
•
• 1977 P.O. BOX UPDATE
NO. 701
1815, GREELEY, COLORADO 80632 `� 800575•
EXHIBIT "A"
DESCRIPTION
A tract or parcel of land No. 2 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 Northeast Quarter (NE 1/4) of Section
25, 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 North line of said Northeast Quarter from which
the Northeast Corner of Section 25 bears, North 90°00'00" East, 134.57
feet; thence, South 0°00'00" West, 60.00 feet; thence, South 90°00'00" West
and parallel to the North line of said Northeast Quarter, 600.00 feet;
thence, North 0°00'00" East, 60.00 feet to a point on the North line of
said Northeast Quarter; thence, along said North line, North 90°00'00"
East, 600.00 feet to the Point of Beginning.
The above described parcel contains 0.592 acres (36,000 sq. ft. ), more or
less, of which 10,200 sq. ft. are in the right-of-way of the present road.
Basis of Bearings: The North line of the Northeast Quarter of Section 25
as bearing, North 90°00'00" West from a found steel rod in Pipe at the
Northeast Corner of Section 25 to a found 1" steel rod at the North Quarter
Corner of Section 25.
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.
B 1213 REC 02159173 10/20/88 10 : 12 $0.00 2/002
F 0601 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
:awdep
880875
- IAr pn nl•4 porbnn nl rAn Imm aon ru••� A` 'A'
Colorado Nral eaule Commo•oo s 0. - 1
STATEMENT OF SETTLEMENT
SELLER'S❑ PURCHASER'Si
PROPERTY ADDRESS Weld County Road 6, East of Wattenberg
SELLER Edward D. Perry PORLILASER Weld ('ni,nty
SETTLEMENT DATF.
September 23, 1988 DATE OF PRORATION September 23, 1988
LEGAL DESCRIPTION:
Debit Credit
1. Selling Price $1,200 1 00 I
2. Deposit, paid to None -
3. Trust Deed, payable to None 1
4. Trust Deed, payable to None
5. Trust Deed, payoff to None 6. Interest on Loan Assumed None
7. Title Ins. Premium Paid by Purchaser 1
8. Abstracting: Before Sale None
9. After Ssde 1
10. Title Exam. by None I I
11. Recording: Warranty Deed Exempt
12. Trust Deed
13. Release
14. Other
15. Documentary Fee Exenpt r
16. Certificate of Taxes Due
None I
17. Taxes for Preceding Year(s) None
18. Taxes for Current Year None I
19. Tax Reserve None
il
20. Special Taxes None f 1 II
21. Personal Property Taxes None
I I
22. Hazard Ins.Prem. Assumed—Policy No. None Co. I
$ Yr.Term Expires I
Premium$ Days Unused at 0 per day
23. Premium for New Insurance None
24. Hazard Ins. Reserve None
25. FHA Mortgage Ins. Assumed None
26. FHA Mortgage Ins.Reserve None
27. Loan Service Fee (Buyer)
None I
28. Loan Discount Fee (Seller) None
29. Interest on New Loan None
30. Survey and/or Credit Report None I
31. Appraisal Fee None I
32. Water and/or Sewer None I
33. Rents None I
34. Security Deposits None
35. Loan Transfer Fee None
36. Loan Payment Due None
37. Broker's Fee None
I
I
I II
Sub-Totals $1,200 I00 i`
Balance due to/from Seller
I III
Balance duetu/from Buyer I I 1$1,200 00
TOTALS 1$1,200 100 11
The above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
Weld County, Colorado, by and through
the Board of County Commissioners
Purchaser/`Sells: Cif ri County Broker
Purchaser/2cller By --
rman, Board of County Commissioners � �'J/S
N., c s y,
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