HomeMy WebLinkAbout940377.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY
AND EARTH FOR BORROW WITH DOROTHY BOLIN AND AUTHORIZE CHAIRMAN TO SIGN -
WELD COUNTY ROAD 392
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 Sale and
Purchase of Vacant Land for Rights-of-Way and Earth for Borrow for the Weld
County Road 392 Project between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Public
Works Department, and Dorothy Bolin, with terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is 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 Sale and Purchase of Vacant Land for
Rights-of-Way and Earth for Borrow for the Weld County Road 392 Project between
the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, and
Dorothy Bolin be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 20th day of April, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board " 'J t'�il/L
H. Webster, Chairman
BY: al (12,44 Jl-l
Deputy Cdlerk to the Board Dal K. Hall, Pro-Tem
Ir
AP E AS TO FORM:
7 / . 1 '\
�� �George�. Baxter
County Attorney-
z=--------Constance L. Harbert
B7CGcr
Barbara J. Kirk ever
940377
cr 0033
AK2385715
AGREEMENT FOR SALE MID PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND EARTH FOR BORROW
THIS AGREEMENT, made and entered this 13th day of April , 19 94
by and between Weld County, Colorado, by and through the Board of County
Commissioners of She Count) Weld, Colorado, hereinafter referred to as
"County," and Donithy Bolin
3c,O43 'A1 Cr? 4`3
Eq -Ecn , CO ocio - 9404-
hereinafter referred to as "Owner. "
WHEREAS, County wishes to purchase from Owner certain lands shown as
Parcel 1 and Parcel 2 on Exhibit A, which is attached hereto and incorporated
in this agreement by reference, for the purpose of providing the County with
rights-of-way; and earth material to be removed from the abandoned railroad
right-of-way in Sections 17 and 18 of Township 7N, Range 62W of the 6th
Principal Meridian; all for the purpose of constructing Weld County Road 392.
WHEREAS, Owner wishes to sell to County the rights-of-way and the earth
material for the consideration mentioned below.
WITNESSETH:
That in consideration of the payment by County to Owner of the total sum
of six thousand, four hundred and sixty dollars ($6,460.00) , in cash, and other
valuable consideration, Owner agrees to sell to County and County agrees to
purchase from Owner the rights-of-way shown as Parcel 1 and Parcel 2 on the
attached Exhibit A and earth material for borrow. The total sum of $6-,45-9-r9-8-
is calculated as shown in paragraphs 7, 8 and 9 below. (0,4&c")•uo
This Agreement is subject to the following conditions:
1. Owner shall furnish to County a Quit Claim Deed conveying rights-of-way
shown on the attached Exhibit A for Weld County Road 392. Title insurance need
not be provided by Owner.
2. The date of exchange of the properties described in this Agreement
shall be the date of the delivery of Deeds. Possession of the properties shall
be delivered to the County upon closing and shall not be subject to any leases
or tenancies except that the owner may continue to farm Parcel 1 and Parcel 2
through December 31, 1994, for no rental. The hour and place of closing shall
be set by mutual agreement of the parties.
3. General taxes for the year 1994 shall be apportioned to the date of
delivery of the Deed based on the most recent levy and most recent assessments.
4. 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.
Page 1 of 3 Pages
E 1439 REC 02385715 04/27 /94 16 : 26 80 . 00
1 /004
F 0119 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CC , CO
940377
5. This Agreement shall be deemed a contract extending to and binding upon
the parties hereto, and upon their representative heirs, devisees, executors,
administrators, legal representatives, successors and assigns, only when the
same has been approved by the Board of County Commissioners of the County of
Weld, on behalf of Weld County, Colorado.
6. The construction of Weld County Road 392 will take place over a 2-year
period. The earth borrow will be taken from the abandoned railroad right-of-
way in the summer of 1994. The realignment in Section 17 will not take place
until the summer of 1995.
7. The right-of-way for the realignment of Weld County Road 392 shown as
Parcel 1 on the attached Exhibit A contains 2.9699 acres. Owner will be
compensated at the rate of $250.00 dollars per acre for said parcel, with the
total amount for Parcel 1 being $742.48 dollars.
8. A small triangle of land identified as Parcel 2 on Exhibit A will lay
on the north side of Weld County Road 392 after the re-alignment and contains
0.6301 acres. Owner will be compensated at the rate of $250.00 dollars per
acre for said parcel, with the total amount for Parcel 2 being $157 .52 dollars.
9. The County will Quit Claim to Owner those portions of the abandoned
railroad right-of-way in Section 17 and 18 of Township 7N, Range 62W, of the
6th Principal Meridian not being retained for the right-of-way of Weld County
Road 392. The Owner will allow County or it's contractor to enter the
abandoned railroad right-of-way to remove 27,800 cubic yards of earth material
to construct Weld County Road 392. The 27,800 cubic yards of earth material
will be compensated at the rate of 20 cents per cubic yard for a value of
$5,560.00.
10. Any existing utilities located within the abandoned railroad right-of-
way or the abandoned portions Weld County Road 392 right-of-way will remain in
accordance with Colorado Law.
11. The remains of the old fence on the western right-of-way of the
abandoned railroad is to be removed from Weld County Road 82 south to the
Foston town site.
12. Upon completion of the realignment of the current Weld County Road 392,
scheduled for the fall of 1995, the county will abandon and Quit Claim to owner
a portion of the current Weld County Road 392 right-of-way south of Weld County
Road 82 and north of the realignment of Weld County Road 392, shown as Parcel
1 on the attached Exhibit A. This old section of Weld County Road 392 will be
smoothed over.
13. All areas in abandoned rights-of-way where earth material is removed
or where Weld County Road 392 is abandoned and smoothed over will be re-seeded.
14. There are 2 existing field entrances being used by owner to access the
abandoned railroad right-of-way in Section 17. One is directly across from the
road into the home place and the other is to the north. Both accesses will be
reconstructed in a like fashion at their current locations as a part of the
construction of Weld County Road 392.
Page 2 of 3 Pages
B 1439 REC 02385715 04/27 / 94 16 : 25 RS$0 WELT Cn. 00 /004' 9 ��sy.y
0120 VARY ANN FEUr aS . F_*� C rF_K = pi �
4N WITNESS REOF, the parties hereto have subscribed their names this
_ _ day of J" 7' , 1994.
ATTEST: WELD COUNTY COLORADO,BY AND
THROUGH THE BOARD OF COUNTY
0 ``
COMMISSIONERS, / )
W. H. Webster, Chairman al-J1
j1eliclaup ierk To 'the Board
itt
Deputy' C rk to the Board
THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER"
Owner accepts�l the above r�pro�pos�al this /�1 day of Cfrztj 19 9
By: L�1�e%!tag(�'IT gT/
Dorothy Bolin
11
WITNESS Pitt/4-c- /- O"
.anno J 1AJ, /1:3-
S/L3 t. fa v de:v-,--
Z,- 74-adoi, C U ?U/,2/
B 1439 REC 02385715 04/27/94 16 : 26 $0 . 00 3/004
F 0121 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 3 of 3 Pages
940377
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mEmoRAnDum
WilkTo Clerk to the Board Date Apr 94
COLORADO From George Cicoff Director of Public Works •
Subject: Avenda Item
Please add the following to the Board's agenda:
"Approval of Agreement for Sale and Purchase of Vacant Land For
Rights-of-Way and Earth for Borrow for WCR 392 Project. "
This has been signed by Dorothy Bolin.
cc: Commissioner Kirkmeyer
File
940377
CLnD33
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