HomeMy WebLinkAbout890994.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 Reuben R. and Esther Hoffman 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 Reuben R. and Esther Hoffman are
located in the W} of Section 22, 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 Reuben R. and Esther Hoffman 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.
890994
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Page 2
RE: RIGHTS-OF-WAY AND/OR EASEMENTS - HOFFMAN
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.
17'2BOARD OF COUNTY COMMISSIONERS
ATTEST: yewaj WELD COUNTY, COLORADO
Weld County Cl Tk and Recorder rfe
and Clerk to the Board C.W. Ki y, C irman
EXCUSED
BY: Jac ine John n, Pro-Tem
Deputy CountyAft
APPROVED S TO FORM: ene R. Brantner Li
c �' George y vO
County Attox`fiey � aA`Gor
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890994
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AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS
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o THIS ,AGREEMENT, made and entered this A�fti day of
o Ui LitileJ , 19 89 , by and between Weld County,
, Colorado, by a d through the Board of County Commissioners of the
r, o County of Weld, Colorado, hereinafter referred to as "County, " and
Reuben R. and Esther Hoffman (undivided 1/2 interest) arid-Mild-,.-ed-H,-c sl t i l ,Q
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arteir
2; hereinafter referred to as "Owner. "
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vvrri+7 WHEREAS, County wishes to purchase from Owner certain lands
a described below for the purpose of providing County with a right-
of-way, and
ric4 WHEREAS, Owner wishes to sell to County the land for right-
c of-way for the consideration below mentioned.
WITNESSETH:
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, That in consideration of the payment by County to Owner of
H the sum of Two Hundred Seventy Five Dollars
O1 E'' ($ 275.00 ) , in
02
a, cash, and other good and valuable consideration, Owner agrees to '
rill sell to County and County agrees to purchase from Owner the
M ;A right-of-way and/or easements described in Exhibit(s)
-1iw which is attached hereto and is incorporated herein by reference.
01Any right-of-way described therein is hereinafter referred to as
No "right-of-way, " and any easement described therein is hereinafter
>' described as either "temporary easement" or "permanent easement. "
Z43 The agreement� of sale and purchase of right-of-way and
,g , Temporary Easement is subject to the following conditions:
N f 7
' a ' 1. Owner shall furnish to County a Warranty Deed
w w conveying only the surface rights of right-of-way and
Temporary Easement.
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 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
89�9 Page 1 of 5 Pages
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special improvements installed as of the date of the
County' s signature hereon, whether assessed or not; free
and clear of all liens and encumbrances, and except the
recorded and/or apparent easements, and subject to
c o building and zoning regulations and reserving all
o mineral rights to the Owner.
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3 . General taxes for the year 1989 shall be
apportioned to the date of delivery of the Deed based on
- 00 7 the most recent levy and the most recent assessment.
a r4 4 . The date of closing shall be the date of delivery of
osaid Deed and the receipt of payment by Owner.
A
5 . Except as stated in paragraph 2 and this paragraph, 'and
if title is not merchantable and written notice of
• o defect (s) is given by County or County's agent to Owner
a or Owner' s agent on or before date of closing, Owner
shall use reasonable effort to correct said defect (s)
• c) prior to date of closing. If Seller is unable to
z ; correct said defect (s) on or before date of closing, at
H Owner's option and upon written notice to County or
• E County' s agent on or before date of closing, the date of
o-% I closing shall be extended thirty (30) days for the
purpose of correcting said defect (s) . Except as stated.
r w in paragraph 2, if title is not rendered merchantable as
z provided in this paragraph 5 , at County' s option, this •
2 contract shall be void and of no effect and each party
No hereto shall be released from all obligations hereunder
x 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
,N,, o insurance policy in the amount of the purchase price
w reflecting title insurance protection in regard to such
defects, and the County shall have the option of
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
negligent or willful misconduct of the County or its
employees, present or perspective, to the remainder of
Owner ' s property 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 or checks
received as earnest money hereunder, if any, or any
Page 2 of 5 Pages 890994
other payment due hereunder, if ' any, is not paid,
honored or tendered when due, or if any other obligation
o hereunder is not performed as herein provided, there
o ul shall be the following remedies:
• o a. IF OWNER IS IN DEFAULT
a 1. County may elect to treat this contract as
o terminated,. in which case all • payments and
o ai things of value received hereunder, if any,
'n n shall be returned to County and County may
a ! recover such damages as may be proper, or
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in a ' 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
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performance or damages, or both.
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b. IF COUNTY IS IN DEFAULT
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w 1 . Owner may elect to treat this contract as
o a ; terminated, in which all payments and things
;,a of value received hereunder, if any, shall be
'en g
-' I forfeited and retained on behalf of Owner and
• wI Owner may recover such damages as may be
rn z proper, or
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o ' 2. Owner may elect to treat this contract as
a being in full force and effect and Owner shall
have the right to an action for specific
co performance or damages, or both.
ser
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H o ' c. Anything to the contrary herein notwithstanding, in
m 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 890994
by-law, mortgage , loan agreement, lien, lease, license,
judgment, decree , order, instrument or other verbal or
• written agreement to which Owner is a party .of or is
subject to or to which the property is subject, except
1 as provided herein.
o ° 1 10 . It is agreed that County has authority pursuant to State
c '
o statute to condemn right-of-way for the construction of
u a public road and this proposal is made in lieu of
ca exercise of this power of condemnation.
a .o 0 3 • 11. This agreement embodies all agreements between the
o ' parties hereto and there are no promises, terms,
51 conditions, or obligations referring to the subject .
O matter whereof other than as contained herein.
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,n a , 12. This agreement shall be deemed a contract extending to
en
� . and binding upon the parties hereto, and upon their
c representative heirs , • devisees , executors,
~ l administrators, legal representatives , successors and •
u assigns, that only when the same has been approved by
co the Board of County Commissioners of the County of Weld,
in H , on behalf of Weld County, Colorado. .
o a ; 13. Other: .
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A • ' IN WITNES HEREOF, the arties -hereto have subscribed their
g• m names this // day of , 19 ff .
vs, O1 ' •
`r4 . BOARD OF COUNTY COMMISSIONERS
HID ATTEST:,:::;14..i . WELD COUNTY, COLORADO.FEI 54 Weld ,G"oth kga,lerk'xand- Recorder to
�.'WY x ,t... - a` ,..�
and C /111
ierkl�eithe\ and Chairman
4
_.,x. • �County��erk
(The following section to be completed by Owner. )
Owne; ccepts the above proposal this /Q day of
l[/ly . 19 Ty .
BY: ltife,. /f2;211#7 ,.. ,..-"--'
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Page 4 of 5 Pages
890994
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SUBSCRIBED AND SWORN to before me this day of
i 1 , 19
- o o WITNESS my hand and official seal.
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Q Notary Public
a ' My commission expires:
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'h ' Owner accepts the above proposal this day of
, 19 •
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M to By° ii1)
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a, a SUBSCRIBED AND SWORN to before me this day of
0° U 19
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HI WITNESS my hand and official seal.
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m w Notary Public
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My commission expires:
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Page 5- of 5 Pages 890994
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PARCEL NO. 3 REUBEN R. AND
REV. 5/10/89 ESTHER HOFFMAN,
MILDRED H. CRESSWELL
& CO. AND CHESTER
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C. CRESSWELL & CO.
o CU DESCRIPTION
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A tract or parcel of land no. 3 of Weld County, Project No. 7/42A
acontaining 0.764 acres, more or less, in the W 1/2 of Section 22, T.4N. ,
00 3 j R.68W. , of the 6th P.M. , in Weld County, Colorado, said tract or parcel
being more particularly described as follows:
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2 Beginning at a point on the east right-of-way line of the county
o road (1989) from which the NW corner of Section 22, T.4N. , R.68W.,
6th P.M. bears N. 00°25'09" W. a distance of 2,250.20 feet;
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1. Thence N. 89°39'19" W. a distance of 30.00 feet to the center
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H of the county road (1989);
c U 2. Thence S. 00°20'41" W. a distance of 800.00
feet along the center of the county road (1989);
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F ' 3. Thence S. 89°39'19" E. a distance of 30.00 feet to
0 a the east right-of-way line of the county road (1989);
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M 4. Thence N. 30°20'41" E. a distance of 30.00 feet;
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01 z 5. Thence N. 00°20'41" E. a distance of 499.02 feet;
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0 6. Thence N. 10°57'55" W. a distance of 50.99 feet;
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7. Thence N. 00°20'41" E. a distance of 216.34 feet;
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1.0 8. Thence N. 29°39'19" W. a distance of 10.00 feet,
N� i o more or less, to the point of beginning.
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The above described parcel contains 0.764 acres, more or less, of which
0.551 acres are in the right-of-way of the present road.
Basis of Bearings: Assuming the west line of said Section 22 as bearing
S. 00°20'41" W. from the NW corner of Section 22, T.4N. , R.68W. , 6th P.M.
:hoffman
690994
BR0 0003(6)
7 \ TE3
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o EX83BIT "B"
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TEMPORARY EASEMENT
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3 The Owner's property, of which Temporary Easement No. TE3 is a part
N �j ,. thereof, is more particularly described as follows:
o Part of the W 1/2 of Section 22, Township 4 North,
A Range 68 West of the Sixth Principal Meridian,
'n a County of Weld, State of Colorado.
x WHEREAS, the description of Temporary Easement No. TE3 within the
Owner's property is more particularly described as follows:
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A rectangular area of land, 55' X 70' , lying parallel
z to and adjacent to the project's easterly right-of-way
line from station 23+45, left, and extending southerly
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o uu to station 24+15, left, as part of Weld County Project
A No. BRO 0003(6).
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rn 44 The above described Temporary Easement No. TE3 is for the purpose of
z making improvements to the private driveway at station 23+80, left.
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Temporary Easement No. TE3 shall be null and void thirty (30) days
og after completion of construction.
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890994
BRO 0003(6)
TE3A
/ \ EKBIBIT "B"
o U TEMPORARY EASEMENT
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U The Owner's property, of which Temporary Easement No. TE3A is a part
a thereof, is more particularly described as follows:
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Part of the W 1/2 of Section 22, Township 4 North,
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Range 68 West of the Sixth Principal Meridian,
2 County of Weld, State of Colorado.
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N I WHEREAS, the description of Temporary Easement No. TE3A within the
Owner's property is more particularly described as follows:
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a• iX A rectangular area of land, 250' X 155' , lying parallel
Ato and adjacent to the project's easterly right-of-way
O1 a line from station 25+25, left, and extending southerly
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2 to station 27+75, left, as part of Weld County Project
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H No. BRO 0003(6).
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o The above described Temporary Easement No: TE3A is for the purpose of
r♦ making improvements to the channel of the Little Thompson River.
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m G4 Temporary Easement No. TE3A shall be null and void thirty (30) days
a z . after completion of construction.
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890994
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