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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 Ed Orr and Susie Ann Orr, for the Purchase
and Sale of Vacant Land for Rights-of-Way and/or Easements for
construction on Weld County Bridge 29/62B, and
WHEREAS, said rights-of-way and temporary construction
easements being granted by Ed Orr and Susie Ann Orr are located in
the W} of Section 33 , Township 6 North, Range 66 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 Ed Orr and Susie Ann Orr 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.
890988
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Page 2
RE: RIGHTS-OF-WAY AND/OR EASEMENTS - ORR
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: 1/4717: 1143-&-Watj
WELD COUNTY, COLORADO
Weld County C 7rk and Recorder dr
and Clerk to the Board C.W. KirSy, C irman
EXCUSED
BY: p0,1 7 ) 'n7-) I?i, ) Jacq ' e Johnson, Pro-Tem
D put/County Clerk
APPROVED AS TO FORM: ene R. ran ner � �
c./
George Kenpe_
c
County Attorney
Gord acy'
i
890988
• • .
AR2191927
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS
o THIS AGREEMENT, made and entered this /Pill day of
, 19 89 , by and between Weld County,
Colorado, by and /through the Board of County Commissioners of the
o County of Weld, Colorado, hereinafter referred to as "County, " and
o Ed Orr and Susie Ann Orr -
a
0 3 hereinafter referred to as "Owner. "
• C4
`" 2 WHEREAS, County to wishes purchase from Owner certain lands
o described below for the purpose of providing County with a right-
of-way, and
Ma •
'no WHEREAS, Owner wishes to sell to County the land for right-
• x of-way for the consideration below mentioned.
4
cn m WITNESSETH:
• H That in consideration of the payment by County to Owner of
the sum of
rn ' Five Hundred Twenty Five Dollars and no/100's
O a ($ 525.00 ) , in
• • cash, and other good and valuable consideration, Owner agrees to
N w sell to County and County agrees to purchase from Owner the •
CINright-of-way and/or easements described in Exhibit(s) "A" & "B"
z which is attached hereto and is incorporated herein by reference.
o ' Any right-of-way described therein is hereinafter referred to as
N "right-of-way, " and any easement described therein is hereinafter
aril described as either "temporary easement" or "permanent easement. "
N The agreement of sale and purchase of right-of-way and
N o Temporary Easement is subject to the following conditions:
w G' 1 . Owner shall furnish to County a Warranty Deed
conveying only the surface rights of right-of-way and
A Tpmnorary Uasement
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
Page 1 of 5 Pages 890988
. •
special improvements installed as of the date of the
County' s signature hereon, whether assessed or not; free
r and clear of all liens and encumbrances , and except the
o v recorded and/or apparent easements , and subject to
o building and zoning regulations and reserving all
N
mineral rights to the Owner.
3 . General taxes for the year 1989 shall be
o apportioned to the date of delivery of the Deed based on
o a the most recent levy and the most recent assessment.
0 4 . The date of closing shall be the date of delivery of
said Deed and the receipt of payment by Owner.
Ma
5 . Except as stated in paragraph 2 and this paragraph, and
o if title is not merchantable and written notice of
defect (s) is given by County or County ' s agent to Owner
a a or Owner ' s agent on or before date of closing, Owner
o shall use reasonable effort to correct said defect(s)
n z prior to date of closing. If Seller is unable to
correct said defect (s) on or before date of closing, at
C71 Owner' s option and upon written notice to County or
County' s agent on or before date of closing, the date of
N closing shall be extended thirty (30) days for the
m w purpose of correcting said defect (s) . Except as stated
z in paragraph 2 , if title is not rendered merchantable as
N zz provided in this paragraph 5 , at County ' s option, this
o 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
'V N lieu of correcting such defect (s) , Owner may within said
r-IIN Mo thirty (30 ) days , obtain a commitment for Owner' s title
w 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
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 . owner agrees to release county rroT___al2
conseaue ial damages , except as otherwise_—set forth
1e to eck herein in paragraph 8 and except damages caused by the
negligent or willfur-misconduct-'of the County or its
'- I employees , present or perspective , to the remainder of
\-- (cm Owner' s property—'arising out of—the construction ,
0(e-,t' operation, maintenance, or repair of the�-oadwav to be
rnnctrnrted thereon.
7 . Time is of the essence hereof. All notes or checks
received as earnest money hereunder, if any, or any
890988
Page 2 of 5 Pages
other payment due hereunder, if any, is not paid,
honored or tendered when due, or if any other obligation
0 o hereunder is not performed as herein provided, there
shall be the following remedies:
cn o
• a. IF OWNER IS IN DEFAULT
ca
3 1 . County may elect to treat this contract as
terminated, in which case all payments and
,� Athings of value received hereunder, if any,
2 shall be returned to County and County may
o recover such damages as may be proper, or
M a 2. County may elect to treat this contract as
being in full force and effect, and County
H shall have the right to an action for specific
performance or damages, or both.
ovco U
z b. IF COUNTY IS IN DEFAULT
in H
1 . Owner may elect to treat this contract as
a terminated, in which all payments and things
of value received hereunder, if any, shall be
forfeited and retained on behalf of Owner and
al w Owner may recover such damages as may be
cn z proper, or
N
2 . Owner may elect to treat this contract as
cox being in full force and effect and Owner shall
have the right to an action for specific
d performance or damages, or both.
V' N
CD c. Anything to the contrary herein notwithstanding, in
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 830968
N •
o U
0
d' 0 by-law, mortgage, loan agreement, lien, lease , license,
judgment, decree , order, instrument or other verbal or
a written agreement to which Owner is a party of or is
0 3 subject to or to which the property is subject, except
as provided herein.
o
9a 10 . It is agreed that County has authority pursuant to State
o statute to condemn right-of-way for the construction of
a public road and this proposal is made in lieu of
z
exercise of this power of condemnation.
.. w
11 . This agreement embodies all agreements between the
parties hereto and there are no promises , terms,
O1a conditions, or obligations referring to the subject
w u
z matter whereof other than as contained herein.
• H
o-,• F 12 . This agreement shall be deemed a contract extending to
O a and binding upon the parties hereto, and upon their
r representative heirs , devisees , executors,
cy ;,q administrators , legal representatives, successors and
• w assigns, that only when the same has been approved by
rnr_i the Board of County Commissioners of the County of Weld,
CV < on behalf of Weld County, Colorado.
a13 . Other:
vLn
sT N
N M
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W
IN WITNESS HEREOF, the ;0parties hereto have subscribed their
names this // c--- day of ,..40773.24/c, , 19 '
�/' BOARD OF COUNTY COMMISSIONERS
ATTEST,:4 , f¢.tah404,,, ) WELD COUNTY, COLORADO.
s r i
Weld G+ � 'aka an and Recorder ���
and C1�; ",ko.�t e'Board Chairman
f c
By:
'
Deputy' Countyerk
(The following section to be completed by Owner. ) 4inOwner accepts the above proposal this f day of
Sc��y , 19a
By: 2„1
�!7
890988
Page 4 of 5 Pages
•
•
. .
SUBSCRIBED AND SWORN to before me this �
; day of
^oo ' 19 ZI
Ln p WITNESS my hand and official seal. fJ q�G '
u :.• et cl 0 1 1;.111
0 41
N ry Public n'=
o a My commission expires: Sept. .Z4 ,Qo �:%''•••..........' '�
v1wa . ,
o
o t/i
o, a Owner accepts the above proposal this /3 day of
M �. 19419 •
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7.4 BY: ....21,
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tin z SUBSCRIBED AND SWORN to before me this ( ,7 ms=` day of
\w , 19 •
rn E �'L•. o ,p..
o 01 ° .�0� . ...
a WITNESS my hand and official seal. :''o r.
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I16`W Cil� l X,.... w x • M_
ri a No ry Public 4.' . • 4`
O i,"i',, :� V....
U a My commission expires: t aq I%30 '''boo,.._
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V' 1/40
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Page 5 of 5 Pages 890988
PARCEL NO. 2 ED AND SUSIE ANN
REV. 1 ORR
EXHIBIT "A"
DESCRIPTION
ro A tract or parcel of land no. 2 of Weld County, Project No. 29/62B
o containing 0.670 acres, more or less, in the W 1/2 of Section 33, T.6N. ,
w O R.66W. , of the 6th P.M. , in Weld County, Colorado, said tract or parcel
u being more particularly described as follows:
ua
a
Beginning at a point on the west right-of-way line of the county
o a road (1989) from which the NW corner of Section 33, T.6N. , R.66W. ,
▪ ;11 6th P.M. bears N. 19°58'48" W. a distance of 3,695.96 feet;
1. Thence S. 89°01'31" E. a distance of 25.00 feet to the center
m z of the county road (1989);
o 2. Thence N. 00°58'29" E. a distance of 574.00
feet along the center of the county road (1989)
a to the center of the Cache La Poudre River;
coo
Z 3. Thence N. 49°07'31" W. a distance of 65.18 feet along
• Hthe center of the Cache La Poudre River;
a
4. Thence S. 00°58'29" W. a distance of 572.51 feet;
✓ p
w 5. Thence S. 29°01'31" E. a distance of 50.00 feet,
• z more or less, to the point of beginning.
� Z
N 4
u a The above described parcel contains 0.670 acres, more or less, of which
x g 0.335 acres are in the right-of-way of the present road.
.r r
v cw Basis of Bearings: Assuming the north line of said Section 33 as bearing
.N-, N. 90°00'00" E. from the NW corner of Section 33, T.6N. , R.66W. , 6th P.M.
41 4.
:ldorr
890988
BRO 0003(7)
TE2
REV. 1
N 0 EXHIBIT "B"
o o
O TEMPORARY EASEMENT
U
o The Owner's property, of which Temporary Easement No. TE2 is a part
0 3 thereof, is more particularly described as follows:
oa
'n- A Part of the W 1/2 of Section 33, Township 6 North, Range
2 66 West of the Sixth Principal Meridian, County of Weld,
u State of Colorado.
mg
WHEREAS, the description of Temporary Easement No. TE2 within the
o Owner's property is more particularly described as follows:
a a A rectangular area of land, 145' X 400' , lying parallel
m v to and adjacent to the project's westerly permanent
m Z easement line from station 7+50, right, and extending
F southerly to station 11+50, right, as part of Weld County
cz
o Project No. BRO 0003(7) .
N The above described Temporary Easement No. TE2 is for the purpose of
CV w channel improvements.
2 Temporary Easement No. TE2 shall be null and void thirty (30) days
No '4 after completion of construction.
a
ct, CO
N N M
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W W
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890988
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