HomeMy WebLinkAbout870398.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE AND SALE OF RIGHT-OF-WAY AND
EASEMENT 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
the purchase and sale of right-of-way and easement between Weld
County and Yaklich and Company, and
WHEREAS, said right-of-way and temporary construction
easement are located in the NWa of Section 11 , Township 5 North,
Range 65 West of the 6th P.M. , Weld County, Colorado, as shown in
Exhibit "B" , and
WHEREAS, said easement being granted to Yaklich and Company
is located in Section 2 , Township 5 North , Range 65 West of the
6th P.M. , Weld County, Colorado, as shown in Exhibit "A" , and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement, a copy being 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 the
purchase and sale of right-of-way and easement be, and hereby is ,
approved.
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 20th day of
May, A.D. , 1987 .
�Y�( , i BOARD OF COUNTY COMMISSIONERS
ATTEST: a WELD C U T COLORADO
Weld County Clerk and Recorder
and Clerk to the Board G E. L airman
BY: O . 011P49&11-, C. . Kirby, Pro em
Deputy County lerk I� th
ilAS
APPROVED AS TO FORM: ene R. Brantner
—
Ja .h so
County Attorney
Frank Y maguchi
870398
AR21U1194
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AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY AND EASEMENT o r
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THI.S AGREEMENT, made and entered this day of
C , 1987, by and between Weld County, Colorado, w n
by and though the Board of County Commissioners of the County of < 0
Weld, Coltrado, hereinafter referred to as "County, " and Yaklich y N
and Company, 5151 S. Federal , Suite I-10 , Littleton , Colorado, z
80120 and hereinafter referred to as "Owner. " • -j
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WHEREAS , County wishes to purchase from Owner certain lands
described below for the purpose of providing County with a right- .3 un
of-way, and N
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WHEREAS, County also wishes to purchase from Owner a r
temporary construction easement for the purpose of constructing • F,
said right-of-way, and 0
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WHEREAS, Owner wishes to sell to County the land for right-
of-way
and the temporary construction easement described below for 00
the consideration below mentioned. O
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WITNESSETH: 0
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That in consideration of the granting of the below-described o• r
temporary construction easement and in consideration of the
granting of the below-described right-of-way by Owner to County, no
County hereby sells to Owner and Owner hereby purchases from
County an easement shown in Exhibit "A, " and hereinafter referred
to as "Easement, " described as follows:
Commencing at a point on the South R.O.W. line
of State Highway 263 which is 3606 . 9 feet
South of the Northeast corner of Section 2 ,
Township 5 North , Range 65 West, of the 6th
P.M. and also on the East line of said Section
2 , thence $61° 14 'W 119. 8 feet to the true
point of beginning of a 25 foot easement whose
centerline is described as follows, thence
S21°38 ' E 147 . 2 feet, thence S2°06 'W 216. 5
feet, thence S17°59 ' E 94 . 2 feet to termination
of easement.
Page 1 of 7 Pages 870398
WITNESSETH:
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That in consideration of the granting of the above-described
Easement by County to Owner , Owner hereby sells to County and N CO
County hereby purchases from Owner a 12.0-day temporary e
construction easement shown in Exhibit "B," and hereinafter
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referred to as "Temporary Construction Easement, " described as o
follows:
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A tract or parcel of land containing 0 . 019 ▪ o
acres , more or less , in the NW4 of Section 11 ,
Township 5 North , Range 65 West of the Sixth o
Principal Meridian in Weld County, Colorado. Hin
The said tract or parcel is more particularly H
described as follows:
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A rectangular area , 45 feet X 18 feet, from r• -'
station 0+13. 72 (S. ) , right , to station
0+4 . 28 (N. ) , right, and extending 45 feet to • o
the east of the east right-of-way line (1986)
of County Road 45. 7yt.0
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WITNESSETH:
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That in consideration of the granting of the Easement by Pl o
County to Owner, Owner hereby agrees to sell to County and County
agrees to purchase from Owner the right-of-way shown in Exhibit
"B" which is attached hereto and is incorporated herein by o N
reference, hereinafter referred to as "right-of-way, " and which is
described as follows: o
A surface right-of-way over a tract or parcel
of land containing 0 . 039 acres , more or less,
in the NW3 of Section 11 , 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 east right-of-way
line (1986) of County Road 45 and in the NWa
of Section 11 , Township 5 North, Range 65 West
of the Sixth Principal Meridian from which a
point bears north a distance of 1287. 59 feet
from the WQ corner of Section 11 , bears N.
Page 2 of 7 Pages 870398
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89°55 ' 05" E. , a distance of 28. 09 feet , more o
or less.
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1 . Thence N. 89°55 ' 05" E. a distance of
20 . 00 feet to a point; n
2. Thence N. 00°04 ' 55" W. a distance of z
86. 00 feet to a point; z
3. Thence S. 89°55' 05" W. along the C a
Grantor' s north property line a distance
of 20 . 00 feet, more or less , to a point CO• 0
on the east right-of-way line (1986) of y
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County Road 45; H ^�
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4. Thence S. 00°04 ' 55" E. along the east r
right-of-way line (1986) of County Road
45 a distance of 86. 00 feet, more or N• F-1
less, to the point of beginning.
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The above described parcel contains 0 . 039
acres , more or less , excluding all mineral p
interests thereunder.
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The agreement of sale and purchase of right-of-way is subject
to the following conditions: r o
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1. Owner shall furnish to County a Special Warranty Deed o
conveying only the surface rights of right-of-way. n o
Title insurance for said right-of-way need not be O L
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, free and clear of all liens for 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
building and zoning regulations and reserving all
mineral rights to the Owner.
Page 3 of 7 Pages 870398
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3. The date of closing shall be the date of delivery of o H
said Special Warranty Deed.
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4. 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 > N3
or Owner ' s agent on or before date of closing, Owner z o
shall use reasonable effort to correct said defect (s)
prior to date of closing. If Seller is unable to tri▪ o
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 y v• ii
closing shall be extended thirty (30) days for the H
purpose of correcting said defect (s) . Except as stated zoo
in paragraph 2 , if title is not rendered merchantable as n m
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 x
and all payments and things of value received hereunder, ° o
if any, shall be returned to County, provided that in
lieu of correcting such defect (s) , Owner may within said n
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 w o
defects , and the County shall have the option of o
accepting the then existing insured title in lieu of m
such merchantable title . The Owner shall pay the full b
premium for such Owner' s title insurance policy.
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5 . The Owner agrees to release County from all n
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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 right-of-way to
be constructed therein.
6 . Time is of the essence hereof. If any note or check
received as earnest money hereunder or any 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 shall be the
following remedies:
a . IF OWNER IS IN DEFAULT
Page 4 of 7 Pages 870398
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1 . County may elect to treat this contract as o H
terminated, in which case all payments and w
things of value received hereunder, if any, ui CO
shall be returned to County and County may
recover such damages as may be proper, or
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2 . County may elect to treat this contract as z o
being in full force and effect, and County
shall have the right to an action for specific m
performance or damages, or both . a
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b. IF COUNTY IS IN DEFAULT H
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1 . Owner may elect to treat this contract as o
terminated, in which all payments and things
of value received hereunder, if any, shall be x o
forfeited and retained on behalf of Owner and aro
Owner may recover such damages as may be z
proper; or
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2. Owner may elect to treat this contract as 4.4
being in full force and effect and Owner shall
have the right to an action for specific • o
performance or damages , or both.
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c. Anything to the contrary herein notwithstanding, in
the event of any litigation or rising out of this n 1/40
contract, the Court may award to the prevailing'
party all reasonable costs and expenses , including
attorneys fees.
7 . 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 of any
remainder.
8 . 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 5 of 7 Pages
870398
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by-law, mortgage, loan agreement, lien, lease, license,
judgment, decree, order, instrument or other verbal or enco
written agreement to which Owner is a party of or is
subject to or to which the property is subject, except
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as provided herein.
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9. It is agreed that County has authority pursuant to State z
statute to condemn right-of-way for the construction of
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a public road and this proposal is made in lieu of Ca
exercise of this power of condemnation.
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10. This agreement embodies all agreements between the z CO
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parties hereto and there are no promises, terms,
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conditions, or obligations referring to the subject
matter whereof other than as contained herein.
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11 . This agreement shall be deemed a contract extending to m1/40
and binding upon the parties hereto, and upon their
representative heirs, devisees, executors, O
administrators, legal representatives , successors and d
assigns , but only when the same has been approved by the o
Board of County Commissioners of the County of Weld, on
behalf of Weld County, Colorado. o
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12 . Owner agrees to County' s constructing a private access O
from Weld County Road 45 to the Owner' s existing gate as 0 o
shown on Exhibit "B. "
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13 . Owner agrees to pay for a four-strand barbed-wire fence Q
and a gate to be placed by County on the West line of
Easement. County and Owner shall both use the existing
gate located on the North side of Easement immediately
adjacent to Colorado State Highway 263 .
IN WITNESS HEREOF , the parties hereto have subscribed their
names this 20th day of May , 1987.
toiI P
y�g� f�►+� BOARD OF COUNTY COMMISSIONERS
ATTES is w WELD OU L DO.
Weld y .Clerk 'a-nd Recorder
and Cl 0.7the B d r . La y, airman
Tr�' .` •
B 4/
eputy unty lerk
Page 6 of 7 Pages 870398
(The following section to be completed by Owner. ) m w
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Signed this , 5CA day of , /c.� , 1987. --Jul
YAKLICH AND COMPANY n
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By: .( z �
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SUBSCRIBED AND SWORN to before me this /l�"6 day of ��0'�/ a a
1987. P-710---y_
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WITNESS my hand and official seal. H N
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My commission expires: Wang 1 c"'
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Page 7 of 7 Pages 870398
Found
EXHIBIT "A" • No.4 Re-Bar
N.E.Cor. Sec.2
EASEMENT SURVEY
S.E. I/4 SECTION 2
T5N— R65W 6PM hi m
WELD COUNTY, COLORADO S°' 0
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Legal Description
Commencing at a point on the South R .O .W. line of State Highway
263 which is 3606.9 feet South of the Northeast corner of Section 2,
Township 5 North,Range 65 West , of the 6th P.M . and also on the East
line of said Section 2 , thence 361°14'W 119.8 feet to the true point
of beginning of a 25 foot easement whose centerline is described as
follows , thence S21°38 'E 147.2 feet, thence S2°06'W 216 .5 feet,
thence S17°59'E 94.2 feet to termination of easement.
Surveyor's Certificate
1 hereby certify that this plat was prepared under my supervision
and that the same is correct to the best of my knowledge and belief.
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HOLLOWAY AND HOLLOWAY INC.
REGISTERED LAND SURVEYOR N0.2853 HOLLOWAY AND HOLLOWAY INC.
STATE OF COLORADO Dwn: B.H.
Ink Tre.: DR 870398
Date:0-'9-9S
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AR2371195 dat
..... _talon_,Rion N . _ 1.ecorde'.
ji ??it--�. 1/4 (i 1.1.------ RECORDER'S STAMP
THIS DEED,Made this S C day of v fareli
1986 ,between Yaklich and Company, a Colorado corpora-
tion, 5151 S. Federal, Suite I-10, Littleton, CO 80120
of the County of Arapahoe and State of Colo-
o rado,of the first part,and Weld County, Colorado, by and w r
through the Board of County Commissioners of the County oo w
wilostAggakaddRw Og of Weld, State of Colorado, 915 7
Tenth Street, Greeley, Colorado 80631 , to
of the '4 n
County of Weld and State of Colorado,of the second > to
part;
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WITNESSETH,That the said part of the first part,for and in consideration of the sum z o
of ONE HUNDRED THIRTY EIGHT AND 20/100 i-'
DI to
Dollars, C to
to the said party of the first part,in hand paid by the said party of the second part,the rox
receipt whereof is hereby confessed and acknowledged, ha granted, bargained, sold and con- En o
ve ed and by these to N Y presents do es grant, bargain, sell, convey and confirm unto the said to
party of the second part, its heirs and assigns forever, all the following described z m
lot or parcel of land,situate,lying and being in the County of Weld n w
and State of Colorado,to wit: t-1
See Attachment "1." 7J
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dSDAW al dtgxlt11 R r n
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Together with all and singular the hereditaments and appurtenances thereunto belonging, or in o
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, n o
issues and profits thereof; and all the estate,right,title, interest, claim and demand whatsoever, N
of the said party of the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said
premises above bargained and described,with the appurtenances, unto
the said part of the second part,
heirs and assigns forever.
And the said
party of the first part,for its self , its heirs,executors and
administrators,does covenant,grant,bargain and agree to and with the said party of the
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
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said party of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,The said party of the first part hw hereunto set
hand and seal the day and year first above written.
YAKLICw7AND COMPANY r "
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Signed, Sealed and Delivered in the presence of B : cp.- Z < 'b
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O D ' Jas _
STATE OF COLORADO, y [SEAn,
AA- � Bs. '4 in }-
County of -R-'fq q
The foregoing instrument was acknowledged before/ me this 5 t/ ( day of V U„,
19 grp ,by .& &pie/ 4_. Li9.,
My commission expires ,19 .Wit my hand and official seal.
My Commission expires October 3, 1989 v = tin `'h�`l
, "te. ..' Milli Notary public.
f i LARRY A,1 �i
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-- -- - - - --- .. \e;i ` --
No.16 SPECIAL WARRANTY DEED.—Bradford Publishing Co.,1824.46 (lol „ r �or?7 Stout Street,Denver,Color..•1,y:,.,,or 77 8703941,
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ATTACHMENT "1" o
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A surface right-of-way over a tract or parcel of land containing t
0. 039 acres, more or less , in the NWa of Section 11 , Township 5 n
North, Range 65 West of the Sixth Principal Meridian in Weld
County, Colorado. The said tract or parcel is more particularly z
described as follows: z
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Beginning at a point on the east right-of-way line (1986) of x1°
• in
County Road 45 and in the NW, of Section 11 , Township 5 North,
Range 65 West of the Sixth Principal Meridian from which a point cr:• o
bears north a distance of 1287 . 59 feet from the W4 corner of
Section 11 , bears N. 89°55 ' 05" E. , a distance of 28 . 09 feet, more z
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or less.
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1. Thence N. 89°55 ' 05" E. a distance of 20 . 00 feet to a point;
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2. Thence N. 00°04' 55" W. a distance of 86 . 00 feet to a point;
3 . Thence S. 89°55 ' 05" W. along the Grantor' s north property n
line a distance of 20 . 00 feet, more or less , to a point on
the east right-of-way line (1986) of County Road 45;
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4. Thence S. 00°04 ' 55" E. along the east right-of-way line • o
(1986) of County Road 45 a distance of 86 . 00 feet, more or Z o
less , to the point of beginning. d
The above described parcel contains 0 . 039 acres , more or less , o N
excluding all mineral interests thereunder. -
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870398
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