HomeMy WebLinkAbout890990.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 Rine Duran, 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 Rine Duran are located in the Wi 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 Rine Duran 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.
890990
KUO'�='. I
Page 2
RE: RIGHTS-OF-WAY AND/OR EASEMENTS - DURAN
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.‘717BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County C erk and Recorder MY
and Clerk to the Board C.W. Kirby, Ch rman
L EXCU D
\S BY: 4p n. theme Jac u ne Johnson, o-Tem
Deputy Ounty C1 rk ///�
APPROVED AS TO FORM: ene R. Brant" ner
7
.., r+n.ice- _.,.-, .,
C� _ George Ke
County Attorney '
Gord
890990
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N Uo - AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS
THI AGREEMENT, made and entered this - S C)1-14-1a day of
A / LIT , 19 89 by and between Weld County,
o g Coloradddo, ty and through the Board of County Commissioners of the
County of Weld, Colorado, hereinafter referred to as "County, " and
o cc Rine Duran
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P4 hereinafter referred to as "Owner. "
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WHEREAS, County wishes to purchase from Owner certain lands
described below for the purpose of providing County with a right-
of-way, and
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O1a WHEREAS, Owner wishes to sell to County the land for right-
co of-way for the consideration below mentioned .
Lc)tiM
\, WITNESSETH:
That in consideration of the payment by County to Owner of
rn the sum of Six Hundred Dollars and no/100's
($ 600.00 ) , in
oz - cash, and other good and valuable consideration, Owner agrees to
el sell to County and. County agrees to purchase from Owner the
right-of-way and/or easements described in Exhibit(s)"A", "B", "C" & "D"
a4-) g which is attached hereto and is incorporated herein by reference.
Any right-of-way described therein is hereinafter referred to as
vlo "right-of-way, " and any easement described therein is hereinafter
`II ' described as either "temporary easement" or "permanent easement. "
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.-1
CO w The agreement of sale and purchase of right-of-way and
Temporary Easements is subject to the following conditions:
1 . Owner shall furnish to County a Warranty Deed
conveying only the surface rights of right-of-way and
Temporary Easements
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
890990
Page 1 of 5 Pages
special improvements installed as of the date of the
21 o County' s signature hereon, whether assessed or not; free
a and clear of all liens and encumbrances, and except the
cvo recorded and/or apparent easements, and subject to
o building and zoning regulations and reserving all
Q mineral rights to the Owner.
at,:
• 3
. 3 . General taxes for the year 1989 shall be
in. TAI
apportioned to the date of delivery of the Deed based on
a the most recent levy and the most recent assessment.
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a 4. The date of closing shall be the date of delivery of
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msaid Deed and the receipt of payment by Owner.
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m ma 5. Except as stated in paragraph 2 and this paragraph, and
;,a if title is not merchantable and written notice of
ch u defect (s) is given by County or County' s agent to Owner
- z or Owner' s agent on or before date of closing, Owner
H shall use reasonable effort to correct said defect(s)
rn H prior to date of closing. If Seller is unable to
o a correct said defect (s) on or before date of closing, at
w Owner' s option and upon written notice to County or
,° Q
., County' s agent on or before date of closing, the date of
• w closing shall be extended thirty (30) days for the
2 R purpose of correcting said defect (s) . Except as stated
N 4 in paragraph 2, if title is not rendered merchantable as
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provided in this paragraph 5 , at County' s option, this
w x contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder
a4 :-. and all payments and things of value received hereunder,
N `', if any, shall be returned to County, provided that in
r+ 0 lieu of correcting such defect (s) , Owner may within said
PI C14 thirty (30) days , obtain and pay for 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 accepting the then existing insured title in
lieu of such merchantable title.
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
other payment due hereunder, if any, is not paid,
Page 2 of 5 Pages O30990
honored or tendered when due, or if any other obligation
o hereunder is not performed as herein provided, there
o `� shall be the following remedies:
in o
o a. IF OWNER IS IN DEFAULT
A
c Pai 1. County may elect to treat this contract as
3
terminated, in which case all payments and
o a things of value received hereunder, if any,
a' 2 shall be returned to County and County may
o recover such damages as may be proper, or
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v W 2. County may elect to treat this contract as
.: w being in full force and effect, and County
x shall have the right to an action for specific
performance or damages, or both.
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c0V b. IF COUNTY IS IN DEFAULT
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H1. Owner may elect to treat this contract as
o terminated, in which all payments and things
of value received hereunder, if any, shall be
N O forfeited and retained on behalf of Owner and
rpo
cm Owner may recover such damages as may be
z proper, or
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KC 2. Owner may elect to treat this contract as
a being in full force and effect and Owner shall
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have the right to an action for specific
performance or damages, or both.
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N M c. Anything to the contrary herein notwithstanding, in
the event of any litigation or rising out of this
w 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 of 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,
by-law, mortgage, loan agreement, lien, lease, license,
8941990
Page 3 of 5 pages
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v o by-law, mortgage, loan agreement, lien, lease, license,
U judgment, decree , order, instrument or other verbal or
co written agreement to which Owner is a party of or is
0 ra subject to or to which the property is subject, except
a 3 as provided herein.
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2 10 . It is agreed that County has authority pursuant to State
o statute to condemn right-of-way for the construction of
u a public road and this proposal is made in lieu of
v a exercise of this power of condemnation.
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c 11 . This agreement embodies all agreements between the
g parties hereto and there are no promises, terms,
al a conditions, or obligations referring to the subject
°0U matter whereof other than as contained herein.
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12 . This agreement shall be deemed a contract extending to
o m and binding upon the parties hereto, and upon their
a representative heirs, devisees, executors,
m a administrators, legal representatives, successors and
rn w assigns, that only when the same has been approved by
rn z the Board of County Commissioners of the County of Weld,
N Z on behalf of Weld County, Colorado.
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U a 13 . Other: Considerations included in the letter to Rine Duran dated
if August 22, 1989, and made a part this Agreement shall be deemed
a
full compensation for this parcel and the undersigned releases Weld
cal
M County from further obligations.
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IN WITNESS HEREOF, the parties hereto have subscribed their
names this /" day of ,,,,{.,/,--) ,-/- , rt , 19/ .
ii/
~`' _ ^ BOARD OF COUNTY COMMISSIONERS
ATTEST d ;n` r Ad15 R '{ r1 WELD COUNTY, COLORADO.
Weld C irk ' t1d Recorder x-Get- y
and Clexa}' ; th'L oard Chairman /
By: o ,-Ce
Deputy County Cle fk ,
.
(The following section to be completed by Owner. )
Owner accepts the above proposal this J Q day of
/LA_„ 19 p%) .
c\� By: zo,v �U�L�r�
890990
Page 4 of 5 Pages
SUBSCRIBED AND SWORN to before me this day of
, 19
NO
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WITNESS my hand and official seal.
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0 41 3 Notary Public
My commission expires:
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Owner accepts the above proposal this day of
, 19
.44 IN
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By:
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03U SUBSCRIBED AND SWORN to before me this day of
19
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o WITNESS my hand and official seal.
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c:nZ Notary Public
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c My commission expires:
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890990
Page 5 of 5 Pages
PARCEL NO. 4 RINE DURAN
REV. 2
EXHIBIT "A"
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DESCRIPTION
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a A tract or parcel of land no. 4 of Weld County, Project No. 29/62B
a TA containing 0.259 acres, more or less, in the W 1/2 of Section 33, T.6N. ,
R.66W. , of the 6th P.M. , in Weld County, Colorado, said tract or parcel
'A being more particularly described as follows:
w
o Beginning at a point on the center of the county road (1989)
from which the NW corner of Section 33, T.6N. , R.66W. ,
M x 6th P.M. bears N. 22°03'36" W. a distance of 3,441.89 feet;
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1. Thence S. 89°01'31" E. a distance of 40.00 feet;
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c u 2. Thence N. 00°58'29" E. a distance of 275.04
feet to the center of the Cache La Poudre River;
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rn F 3. Thence N. 68°31'31" W. a distance of 42.70 feet along
o % the center of the Cache La Poudre River to the center
of the county road (1989);
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4. Thence S. 00°58'29" W. a distance of 290.00 feet, more or
O1 z less, along the center of the county road (1989) to the
N < point of beginning.
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The above described parcel contains 0.259 acres, more or less, of which
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0. 164 acres are in the right-of-way of the present road.
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ri O Basis of Bearings: Assuming the north line of said Section 33 as bearing
w G+ N. 90°00'00" E. from the NW corner of Section 33, T.6N. , R.66W. , 6th P.M.
Excepting all mineral interests thereunder.
:ldduran
890990
BRO 0003(7)
TE4
REV. 3
(NI 0 EXWIBIT "B"
0
r O TEMPORARY EASEMENT
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I.4 The Owner's property, of which Temporary Easement No. TE4 is a part
0 3 thereof, is more particularly described as follows:
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Part of the W 1/2 of Section 33, Township 6 North,
0 Range 66 West of the Sixth Principal Meridian,
0 County of Weld, State of Colorado.
CO
WHEREAS, the description of Temporary Easement No. TE4 is more
..
o x particularly described as follows:
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A rectangular area of land, 210' X 350' , lying parallel
0o J to and adjacent to the project's easterly right-of-way
H line from station 8+00, left, and extending southerly
to station 11+50, left, as part of Weld County Project
E' No. BRO 0003(7).
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The above described Temporary Easement No. TE4 is for the purpose of
N channel improvements.
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°a z Temporary Easement No. TE4 shall be null and void thirty (30) days
No a after completion of construction.
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890990
BRO 0003(7)
TE4A
REV. 2
EXHIBIT "C"
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TEMPORARY EASEMENT
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0 The Owner's property, of which Temporary Easement No. TE4A is a part
0 3 thereof, is more particularly described as follows:
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y z Part of the W 1/2 of Section 33, Township 6 North,
2 Range 66 West of the Sixth Principal Meridian,
O County of Weld, State of Colorado.
M w WHEREAS, the description of Temporary Easement No. TE4A within the
.. o Owner's property is more particularly described as follows:
A rectangular area of land, 65' X 80' , lying parallel
a, z..) to and adjacent to the project's easterly right-of-way
line from station 12+35, left, and extending southerly
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H H to station 13+15, left, as part of Weld County Project
a, F No. BRO 0003(7).
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The above described Temporary Easement No. TE4A is for the purpose of
rq al w improvement to a private driveway.
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m 2 Temporary Easement No. TE4A shall be null and void thirty (30) days
N < after completion of construction.
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890990
BRO 0003(7)
TE4B
REV. 2
EXHIBIT "D"
TEMPORARY EASEMENT
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O10 The Owner's property, of which Temporary Easement No. TE4B is a part
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thereof, is more particularly described as follows:
a
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Part of the W 1/2 of Section 33, Township 6 North,
o x Range 66 West of the Sixth Principal Meridian,
ur County of Weld, State of Colorado.
2
O WHEREAS, the description of Temporary Easement No. TE4B within the
aOwner's property is more particularly described as follows:
4.5
A rectangular area of land, 25' X 40' , lying parallel
to and adjacent to the project's easterly right-of-way
line from station 14+50, left, and extending southerly
0o u to station 14+90, left, as part of Weld County Project
z No. BRO 0003(7).
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rn E The above described Temporary Easement No. TE4B is for the purpose of
O a improvement to a private driveway.
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N A Temporary Easement No. TE4B shall be null and void thirty (30) days
.�iGa after completion of construction.
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890990
DEPARTMENT OF ENGINEERING
PHONE(303) 356-4000, Ex7. 4750
P.O. Box 758
iritk
GREELEY, COLORADO 80632
WI
COLORADO
August 22, 1989
Rine Duran
760 North 71st Avenue
Greeley, Colorado 80631
RE: BRO 0003(7), Par. 4
Dear Mr. Duran:
Per our conversation this date, we agree to provide the following:
1. Payment for land taken and Temporary Easements required, $600.00.
o t
2. During construction, Public Service Company will run underground a a
service to your house from the service pole at the new
right-of-way line. You will be responsible for connecting the
service from overhead to underground.
P<
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During construction, the contractor will plant along the t:-.)
right-of-way line, three Russian Olive trees of 2" caliper, N
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two Blue Spruce trees, 6'-7' in height. Also, one Cottonless N
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4 ; 4 I Cottonwood tree of 3" caliper at the north end near the existing q
v�OJ,d cottonwood which will be removed during construction. to
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Gate posts will be adjusted during construction to fit the
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new grade on the road approach. M UI
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5. Raise the sprinkler head per the attached sketch. f' m
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6. Replace approximately 430 square feet of sod. x '
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This letter will be attached to the Agreement and made a part of the same. w
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Sincerely,
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//cd-, - ,�, -cci It
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Ernest E. Olson
Contract Agent E o
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xc: Commissioner Lacy O
Bud Hooper, CDOH, Dist. IV 89095`3
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