HomeMy WebLinkAbout860619.tiff RESOLUTION
.iO RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
o U RIGHT-OF-WAY AND OF TEMPORARY CONSTRUCTION EASEMENT WITH ROSE
BONERTZ AND AUTHORIZE CHAIRMAN TO SIGN NECESSARY DOCUMENTS
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O
a WHEREAS, the Board of County Commissioners of Weld County,
0 3 Colorado, pursuant to Colorado statute and the Weld County Home
o x Rule Charter, is vested with the authority of administering the
in- CC A affairs of Weld County, Colorado, and
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w a WHEREAS, the Board has been presented with an Agreement for
N Sale and Purchase of Vacant Land for Right-of-Way and of Temporary
vi Construction Easement, said Agreement being between Weld County
'" a and Rose Bonertz , and
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WHEREAS, said Agreement would allow Weld County to purchase
cv H property for a right-of-way and grant a temporary construction
coF easement for the purpose of constructing a bridge on Weld County
o a Road 45 , and
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O1 44
t-- w WHEREAS, said property is located in the NE4 of Section 10 ,
z Township 5 North, Range 65 West of the 6th P.M. , Weld County,
0 .4
,., Colorado, being more particularly described in said Agreement, a
o copy of which is attached hereto and incorporated herein by
CJ CC reference, and
w
N VD WHEREAS, after study and review, the Board deems it advisable
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to approve said Agreement with Rose Bonertz.
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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 Rose Bonertz be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign any and all other documents
concerning this transaction.
y F.
860619
/, 1. (q)
Page 2
RE: AGREEMENT FOR PURCHASE OF VACANT LAND - BONERTZ
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
o July, A.D. , 1986.
� U
0 BOARD OF COUNTY COMMISSIONERS
cv U ATTEST: 5AA-ensatard.
, WELD COUNTY, •LORADO
O Weld Co -ta
ow and Cle "t ,, ��• rid,�Yecorder
o3 {$ '` J:cqu-� .n hairman
o
in-14 BY: W ' '
ig
De Pt _ Go ' ° acy, -Tem
Al
o Deu Y 1/40 z APPROVED AS TO FORM: ene R. Brantner
c \r 2-5/
C.W y �ili^
10 a L { l'�i / Y
• /t ".2aay Attorney
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0141
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860619
AR2060454
NO
o 0 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
-, . RIGHT-OF-WAY AND OF TEMPORARY CONSTRUCTION EASEMENT
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0
IA o THIS AGREEMENT, made and entered this 7th day of July, a
O Z 1986 , by and between Weld County , Colorado , by and through the rF
o x Board of County Commissioners of the County of Weld, Colorado , m r.
.) w hereinafter referred to as "County , " and Rose Bonertz , c/o Opdyke W W
a Agency Realtors , 1309 10th Avenue , Greeley, Colorado, 80631 and
8 hereinafter referred to as "Owner. " i
w
1Oa WHEREAS , County wishes to purchase from Owner certain lands
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a; '4 described below for the purpose of providing County with a right- z �
x of-way, and a
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co u WHEREAS , County also wishes to purchase from Owner aco
temporary construction easement for the purpose of constructing m o
.r-, H said right-of-way , and m
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WHEREAS , Owner wishes to sell to County the land for right- z\
w of-way and the temporary construction easement described below for n co
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, w the consideration below mentioned.
O▪ Ga P r
ko z WITNESSETH: ''¢ ..
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o That in consideration of the payment by County to Owner of a,
0 g the sum of fifty dollars ($50) , in cash , and other good and
1 valuable consideration , Owner agrees to sell to County and County' 0
agrees to purchase from Owner a one-hundred twenty (120) day
Olt-�o temporary construction easement shown in Exhibit "A, " and en
i hereinafter referred to as "easement, " described as follows : £ •
o
r
A tract or parcel of land containing 2 . 353 ry
acres , more or less , in the NE% of Section 10 ,
Township 5 North, Range 65 West of the Sixth O W
Principal Meridian in Weld County, Colorado. . o
l) ''
The said tract or parcel is more particularly O
described as follows:
A rectangular area , 250 feet X 410 feet , from
station 0+81 . 72 (S. ) , left , to station
3+28 . 28 (N. ) , left, and extending 270 feet to
the west of the West right-of-way line (1986)
of County Road 45 .
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N O '-' "
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O O, N
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N 0 WITNESSETH: M
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o 4 That in consideration of the payment by County to Owner of le
0
0 3 the sum of six hundred fifty eight dollars ($658) , in cash , and z o
•
o x other good and valuable consideration , Owner agrees to sell to zo
' call County and County agrees to purchase from Owner the right-of-way ax shown in Exhibit "A" which is attached hereto and is incorporated m to
o herein by reference , hereinafter referred to as "right-of-way, " m °D
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,o a and which is described as follows: co
o H o
o A tract or parcel of land containing 0 . 188 H
rl a acres , more or less , in the NE4 of Section 10 , z \
A Township 5 North, Range 65 West of the Sixth n Co
ko I-1co U Principal Meridian in Weld County, Colorado. m �z The said tract or parcel is more particularly xi.,
H described as follows : a
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o z Beginning at a point on the west right-of-way mO
w line (1986) of County Road 45 and in the NEa C)
V) r4 of Section 10 , Township 5 North, Range 65 West o
d of the Sixth Principal Meridian from which a thin
z point bears south a distance of 1024 . 44 feet x o
C < from the NE corner of Section 10 , bears S. Z o
0 89°55 ' 05" W. , •
a distance of 32 . 50 feet, more t,
O PG or less. o
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Thence S . 89`55 ' 05" W. a distance of -.
'-I t° 20 . 00 feet to a point; o
H H
-I , ' or
4q w 2. Thence S . 00°04 ' 55" E. a distance of
410 . 00 feet to a point;
3 . Thence N. 89°55 ' 05" E. a distance of
20 . 00 feet, more or less , to a point on
the west right-of-way line (1986) of
County Road 45;
4 . Thence N. 00°04 ' 55" W. along the west
right-of-way line (1986) of County Road
45 a distance of 410 . 00 feet, more or
less , to the point of beginning.
The above described parcel contains 0 . 188
acres , more or less .
The agreement of sale and purchase of right-of-way is subject
to the following conditions:
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`n U 1 . Owner shall furnish to County a Special Warranty Deed
conveying only the surface rights of right-of-way.
A Title insurance for said right-of-way need not be K n
0 3 provided by Owner.
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W 2. Title shall be merchantable in Seller, except as stated z a
a to in this paragraph and in paragraph 5 . Subject
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1/40
payment or tender as above provided and compliance by C m
w County with the other terms and provisions hereof, Owner x
o 1/40 a shall execute and deliver a good and sufficient Special o
CO
o w Warranty Deed to County at a time and place agreed upon m
.-Ix by both parties , conveying the parcel free and clear of z m
wall taxes , except general taxes for 1986 , payable
CO v January 1 , 1987 , free and clear of all liens for special r rn
improvements installed as of the date of the County' s m
H H signature hereon, whether assessed or not; free and x a
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CA E+ clear of all liens and encumbrances , and except the an ••
trt
o a recorded and/or apparent easements , and subject to zyrn
w building and zoning regulations and reserving all t9
v. oc w mineral rights to the Owner. o
in x
2 3 . General taxes for the year 1986 shall be apportioned to 4.4
Ma
o z the date of delivery of the Deed based on the most
N
o recent levy and the most recent assessment. m o
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d
a 4 . The date of closing shall be the date of delivery of
said Special Warranty Deed and the receipt of payment by p u,
ON CA
H W Owner. • a
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OH5. Except as stated in paragraph 2 and this paragraph, and
zk' if title is not merchantable and written notice of
defect (s) is given by County or County' s agent to Owner
or Owner' s agent on or before date of closing, Owner
shall use reasonable effort to correct said defect (s)
prior to date of closing . If Seller 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
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
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O1 N
O1 W
N O
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thirty (30) days , obtain a commitment for Owner' s title
<rO insurance policy in the amount of the purchase price N
v reflecting title insurance protection in regard to such z o
A defects , and the County shall have the option of z a
00 3 accepting the then existing insured title in lieu of
such merchantable title. The Owner shall pay the full Coco
o w premium for such Owner' s title insurance policy. W
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0 6 . The Owner agrees to release County from all ti w
IH
A consequential damages , except as otherwise set forth z N
10 a herein in paragraph 8 and except damages caused by the n
m
o .4 negligent or � willful misconduct of the County or its m en
-o x employees , present or perspective , to the remainder of
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Owner' s property arising out of the construction , x '-'
to .4 operation , maintenance , or repair o_` the right-of-way to Q+
a
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Q be constructed therein. a rn
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H 7 . Time is of the essence hereof. All notes or checks O0
F received as earnest money hereunder , if any, or any o
o a b7 4,-)W other payment due hereunder , if any, is not paid, z o
v o honored or tendered when due , cr if any other obligation
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44w hereunder is not performed as herein provided, there w o
o shall be the following remedies: o
10 z
o z (]
o a. IF OWNER IS IN DEFAULT O O1/4
o
au P4
1 . County may elect to treat this contract as O
1-1
terminated, in which case all payments and
O10 things of value received hereunder, if any,
ri ,`-
, shall be returned to County and County may
'-"" recover such damages as may be proper, or
aow
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 PURCHASER 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
Owner may recover such damages as may be
proper, or
N O 2 . Owner may elect to treat this contract as
0 u being in full force and effect and Owner shall No
o have the right to an action for specific
" O performance or damages , or both. rn N
o w
Q n
O Pi c. Anything to the contrary herein notwithstanding , i z
0 3 the event of any litigation or rising out of this • n
o a contract , the Court may award to the prevailing «t
PI o
o party all reasonable costs and expenses , including z c
a attorneys fees z al
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O a
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Lo a IAA , Possession of the parcel for right-of-way shall betii 1/4o
o (I i delivered to the County upon closing and shall not be • °D
o xsubject to any leases or tenancies . Owner shall assume w o
a all costs of compensating any tenants or lease holders y m
a for any damages as a result of the taking of any H Fa
co u remainder. z�
n CO
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9 . Owner represents and warrants as of the date hereof and N
NH as of the date of the closing that neither the execution x r
o a of this contract nor the consummation of the transaction � a
IA
provided for herein constitutes , or will result in, any v,
in w breach of any of the terms , conditions , or provisions , a al
0 or constitute a default under , any indenture , charter , no
o z by-law, mortgage , loan agreement , lien, lease, license, 0
o judgement , decree , order , instrument or other verbal or tii in
›+ written agreement to which Owner is a party of or is x o
rj subject to or to which the property is subject, except
a as provided herein. r
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a, ti
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, Owner agrees to County relocating the existing gate 0
`" - 10 . J'
w w on the existing west right-of-way line of Weld County n o
Road 45 . Owner also agrees to County constructing an 0 r
access road to the relocated gate from Weld County Road
45 .
11. It is agreed that Owner has authority pursuant to State
statute to condemn right-of-way for the construction of
a public road and this proposal is made in lieu of
exercise of this power of condemnation.
12 . 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.
r o 13. This agreement shall be deemed a contract extending to
o O and binding upon the parties hereto , and upon their Pzi to
o\ . representative heirs , devisees, executors , I„�
VD o administrators , legal representatives , successors and v J
0
assigns , that only when the same has been approved by cOW
A the Board of County Commissioners of the County of Weid,
o on behalf of Weld County, Colorado. MO
IC
o
W IN WITNESS HEREOF, the parties hereto have subscribed their o
N
o names this 7th day of July , 1986 . Z rn
a
PG K : -\ BOARD OF COUNTY COMMISSIONERS a °D
' rxi ATTE' ' 1 '` •�\ . WELD COUNTY, COLORADO. w o
o� � r 11{1 �; H co
w
a Weld .. 'q.ter\ and Recorder . . „ _ y��e., z N
00 U !! 'h�t J. cque' ne oh son, Chairman n m
and C1 O, V �v . Board �;
� z � + t•irn
• w
oLO By: I` " `-Qy, 0.�F.1/YY�LQXXr PI I-'
w Deputy County Cler an .•k ul
in• w
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o 1/4oz (The following section to be completed by Owner. ) hi
N Q. tT in
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U a Owner accepts the above proposal this 17 day of O
_ Ape it- 1986 . r o
al N
r--1 r e, [3_, O C0
H BY ,,
R se Bonertz n o
a
Oi'
SUBSCRIBED AND SWORN to before me this i 1 day of Ahem
, 1986.
,,. 7'>!ffl►�eN,, my hand and official sea
fel--`'
A Notary Pub ' c
St
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% O 4Ly.. .A �tssion expires:
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Recorded at _o'clock M., -Reception No. Recorder.
_. _. _- - - - __- - —1
F
RECORDER'S STAMP
THIS DEED, Made this day of March ,
19 86 ,between Rose Bonertz c/o Opdyke Agency Realtors,
1309 10th Avenue, Greeley, Colorado 80631
'' 0
of the County of Weld and State of Colo-
, ' V
o rado,of the first part, and Weld County, Colorado, by and
o 0 through the Board of County Commissioners of the County
'" U m*KmmAitgakatddRessais of Weld, State of Colorado, 915
aTenth Street, Greeley, Colorado 80631 ,
o ca of the
0 County of Weld and State of Colorado, of the second
t4
part; I
q WITNESSETH,That the said party of the first part, for and in consideration of the sum I
a of SIX HUNDRED FIFTY EIGHT AND NO/100
U U Dollars, I
to PG to the said party of the first part,in hand paid by the said party of the second part,the I
.. 0 I receipt whereof is hereby confessed and acknowledged, ha granted, bargained, sold and con-
veyed, and by these presents does grant, bargain, sell, convey and confirm unto the said
~ a i party of the second part, her heirs and assigns forever, all the following described II
w a lot or parcel of land, situate,lying and being in the County of Weld
co U and State of Colorado,to wit:
Nz
'r H See Attachment "1."
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a aisockns at nchnucc;bar
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N l` I Together with all and singular the hereditaments and appurtenances thereunto belonging, or in
• ,v-1 I I anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
cg G. i I issues and profits thereof; and all the estate,right,title,interest,claim and demand whatsoever,
of the said party of the first part, either in law or equity, of, in and to the above bargained I I
I premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said
premises above bargained and described,with the appurtenances, unto
the said party of the second part,
heirs and assigns forever.
And the said
party of the first part,forher self , her heirs,executors and
II
administrators,do es covenant,grant,bargain and agree to and with the said party of the i I
second part, its heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said party 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 of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,The said party of the first part ha s hereunto set I
I hand and seal the day and year first above written.
Signed, Sealed and Delivered in the presence of ' jJ
f? .367'• ' [SEAL]
Rose Bonertz
[SEAL]
a -9
[SEAL] I
STATE OF ,��t
�� ss.
County of tikA'i?C/"9 r
The foregoing instrument was acknowledged before me this !/ day of ,4ir',�'-e-<ti-/�"
c,
19 74 by •
My commission expires ,19 6t� .Witness my hand and official seal.
as".,,,,''''''', My Commission Expires Nov. 17,198 i
KEElF /)cr :,) (f? 1 7c'C"lI`+ 4/, z_)
� .' Notary Public.
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'� , enver,Colorado(573-5011)1177 '�'�
No.is aPECle{L NA'aItANTY DEED.—Bradford Publishing co.,Co1924-489tout Street, 4,.� , . .. .1
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ATTACHMENT "1"
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-4
o A surface right-of-way over a tract or parcel of land containing
a
ok7 0 . 188 acres, more or less , in the NEQ of Section 10 , Township 5
o North, Range 65 West of the Sixth Principal Meridian in Weld
o a County, Colorado. The said tract or parcel is more particularly
A described as follows:
0
• Beginning at a point on the west right-of-way line (1986) of
Ica County Road 45 and in the NE4 of Section 10 , Township 5 North,
.. 0 Range 65 West of the Sixth Principal Meridian from which a point
bears south a distance of 1024 . 44 feet from the NE corner of
• Section 10 , bears S. 89°55' 05" W. , a distance of 32 . 50 feet, more
• a or less.
co c..)
niz 1 . Thence S. 89°55' 05" W. a distance of 20 . 00 feet to a point;
H
00F 2 . Thence S . 00°04' 55" E. a distance of 410 .00 feet to a point;
o u)
co a 3. Thence N. 89°55' 05" E. a distance of 20 . 00 feet, more or
rn w less, to a point on the west right-of-way line (1986) of
zCounty Road 45;
1/40'" 4 . Thence N. 00°04' 55" W. along the west right-of-way line
(1986) of County Road 45 a distance of 410 . 00 feet , more or
w less, to the point of beginning.
a
re) H The above described parcel contains 0 . 188 acres , more or less,
c4 ,n excluding all mineral interests thereunder.
0144
ATTACHMENT "1"
A surface right-of-way over a tract or parcel of land containing
0 . 188 acres , more or less , in the NEQ of Section 10 , 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 west right-of-way line (1986) of
County Road 45 and in the NEa of Section 10 , 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 NE corner of
Section 10 , bears S. 89°55 ' 05" W. , a distance of 32 . 50 feet, more
or less.
1 . Thence S. 89°55 ' 05" W. a distance of 20.00 feet to a point;
2. Thence S. 00°04 ' 55" E. a distance of 410 . 00 feet to a point;
3. Thence N. 89°55' 05" E. a distance of 20 . 00 feet, more or
less, to a point on the west right-of-way line (1986) of
County Road 45;
4 . Thence N. 00°04' 55" W. along the west right-of-way line
(1986) of County Road 45 a distance of 410 . 00 feet, more or
less , to the point of beginning.
The above described parcel contains 0 . 188 acres , more or less,
excluding all mineral interests thereunder.
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