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HomeMy WebLinkAbout931247.tiff RESOLUTION RE: APPROVE THREE AGREEMENTS FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS WITH STEVEN S. MCWILLIAMS, EDITH JEAN CHAVERS, AND WILLIAM AND BARBARA OCKER AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE 08/25A 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 three Agreements for Sale and Purchase of Vacant Land for Rights-of-way and/or Easements with Steven S. McWilliams, Edith Jean Chavers, and William and Barbara Ocker, with the terms and conditions being as stated in said agreements, and WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the three Agreements for Sale and Purchase of Vacant Land for Rights-of-way and/or Easements with Steven S. McWilliams, Edith Jean Chavers, and William and Barbara Ocker be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements, as well as any other necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D. , 1993. //�' BOARD OF COUNTY COMMISSIONERS ATTEST: // pA/ I/& WEL COUNTY, COLORADO Weld County Clerk to the Board Constance L. Harbert, Chairm an�e BY: (puty Cl r o the Board L,4//l .t(i� }`f Des W. H. bste , Pro-'pem APPROVED AS TO FORM: <S-L eorge . Baxter C my Attor ey —� Dale K. a %LW .,.. zearara J. Kir eyer // 931247 Y1a 0-03z fie : EG�41 Cf!!?vFF'S; twirl; Mciuki/ - /is AR23665fi7 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS II THIS AGREEMENT, made and entered this 19' day of OcC"IF , 199 3 by and between Weld County, Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "County, " and Steven S. McWilliams 12236 WCR 8 Fort Lupton, CO 80621 hereinafter referred to as "Owner. " WHEREAS, County wishes to purchase from Owner certain lands described below for the purpose of providing the County with a rights-of-way, and/or easement. Any rights-of-way described in this agreement will be referred to as "rights-of-way" and any easement will be referred to as "temporary or permanent easement. " WHEREAS, Owner wishes to sell to County the rights-of-way and/or easement(s) for the consideration mentioned below. WITNESSETH: That in consideration of the payment by County to Owner of the sum of One hundred and 00/100 dollars ($100.00 ) , in cash, and other valuable consideration, Owner agrees to sell to County and County agrees to purchase from Owner the rights-of-way and/or easement(s) described in Exhibit(s) Parcel No. 03 & Temporary Easement No. 3 & 3A which is attached to and incorporated in this agreement by reference. This Agreement is subject to the following conditions: 1. Owner shall furnish to County a Quit Claim Deed conveying Rights-of-Way described in the Parcel No. 03 Legal Description for the bridge 8/25A replacement project. Title insurance need not be provided by Owner. 2. The date of the exchange of the properties described in this Agreement shall be the date of the delivery of the Deeds. Possession of the properties shall be delivered to the County upon closing and shall not be subject to any leases or tenancies. The hour and place of the closing shall be set by mutual agreement of the parties. 3.General taxes for the year 1993 shall be apportioned to the date of delivery of the Deed based on the most recent levy and the 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 2 Pages B 1419 REC 02366507 12/29/93 15 :31 $0 . 00 1/002 F 1434 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 33 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. Other conditions, terms or obligations: The County will do a follows: A. Relocate existing fence that will be disturbed by construction. B. Remove existing paved driveway and driveway gate. Rebuild and pave said driveway and gate approximately 250' west of present location. C. Pay owner a cash payment for use of Temporary Construction Easement No. 3 & 3A a total of S100.00. /� M IN WITNESS EREOF, the pares hereto have subscribed their names this W day of . 19 qii . ATTEST: WELD COUNTY COLORADO,BY AND THROUGH THE BOARD OF COUNTY , COMMISSIONERS Lk/Pa/te&? / Contance L. Harbert Chairman ak8rn Weld County Clerk f 4he Board By:j , Deputy G .. o the THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" Owner accepts the above proposal this //16 day of OC7V6 7L , 199.5 By: Steven S. McWilliams WITNESS 4/ . AVIV" 111 Wayne Howard Civil Engineer I Weld County Page 2 of 2 Pages B 1419 REC 02366507 12/29/93 15 :31 $0 .00 2/002 F 1435 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9312$7 TEMPORARY CONSTRUCTION EASEMENT FOR WELD COUNTY BRIDGE 8/25A The undersigned hereby grants to the County of Weld, the contractor and its assignees, a temporary construction easement on the following described real property: Part of the the Northwest Quarter of Section Nineteen, Township One North, Range Sixty-six West of the 6th P.M. , County of Weld, State of Colorado. The description of the temporary construction easement within the undersigned's property is more particularly described as follows: TEMPORARY EASEMENT NO. 3 A rectangular area beginning approximately at Station 1+00, left, 300' , left, 50' , left, 300' , left, 50' ; as part of the Bridge 8/25A replacement project. TEMPORARY EASEMENT NO. 3A An area beginning at approximately Station 3+50, left, 200' , left, 30' , left, 150' , right, 120' , left, 50' , left, 150' ; as part of the Bridge 8/25A replacement project. See Plan Sheet. The temporary construction easement is for the purpose of constructing a new bridge. The undersigned agrees that $100.00 payment is just compensation for the inconvenience resulting from the construction within the temporary construction easement. The undersigned shall be compensated for damages, if incurred, on the property within the temporary construction easement. The temporary construction easement shall be null and void thirty (30) days after completion of construction. /1/762, J /0 —/4 —9? Steven S. Mc illiams Date NOTE: This document is NOT to be recorded. . �.-11 FREDERICK LAND SURVEYING 1528 N. Lincoln Loveland, Co. 80538' .FLS (303) 669-3652 RIGHT-OF-WAY TO BE ACQUIRED FROM PARCEL NO. 03 STEVEN S . MCWILLIAMS FOR WELD COUNTY BRIDGE WEL 8/25A LAND DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION All that portion of the northwest one-quarter of Section 19 , Township 1 North , Range 66 West , of the 6th P .M. , Weld County , Colorado more particularly described as follows: Considering the north line of said northwest one-quarter of Sec- tion 19 as bearing NORTH 90° 00' 00" WEST and with all bearings contained herein relative thereto . Commencing at the northeast corner of said northwest one-quarter of Section 19 ; Thence along said north line of the northwest one- quarter of Section 19 NORTH 90° 00' 00" WEST 1121 . 76 feet to the approximate centerline of the South Platte River ; Thence leaving said north line and along said approximate centerline SOUTH 02° 47 ' 00" EAST 30.04 feet to the south right-of-way line of Weld County Road 8 according to Book 5 , Page 205 , records of said county and the TRUE POINT OF BEGINNING; Thence leaving said ap- proximate centerline and along said south right-of-way line NORTH 90° 00 ' 00" WEST 331 . 73 feet ; Thence leaving said south right-of- way line SOUTH 00° 00' 00" EAST 10.00 feet to a line which is parallel with and 10.00 feet (measured at right angles) south of said south right-of-way line of Weld County Road 8 ; Thence along said parallel line NORTH 90° 00' 00" EAST 332 . 21 feet to said ' approximate centerline of the South Platte River ; Thence leaving said parallel line and along said approximate centerline NORTH 02° 47 ' 00" WEST 10 .01 feet to the TRUE POINT OF BEGINNING. Said portion contains 0 .08 acres (3320 square feet) , more or less . September 16 , 1993 Project No: 93-03-681 it(C=74.D.h. V1 A. V, ' 11 ! SAL LAN® 9314 AR2166509 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS ((�� h THIS AGREEMENT, made and entered this 12 } day of ()r , 199 by and between Weld County, Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "County," and EDITH JEAN CHAVERS 12367 WCR 8 FORT LUPTON, CO 80621 hereinafter referred to as "Owner." WHEREAS, County wishes to purchase from Owner certain lands described below for the purpose of providing the County with a rights-of-way, and/or easement. Any rights-of-way described in this agreement will be referred to as "rights-of-way" and any easement will be referred to as "temporary or permanent easement. " WHEREAS, Owner wishes to sell to County the rights-of-way and/or easement(s) for the consideration mentioned below. WITNESSETH: That in consideration of the payment by County to Owner of the sum of ONE HUNDRED AND TWENTY-FIVE & NO/100 ($ 125.00 ) , in cash, and other valuable consideration, Owner agrees to sell to County and County agrees to purchase from Owner the rights-of-way and/or easement(s) described in Exhibit(s) Parcel No. 2, Temporary Easement No. 2 which is attached to and incorporated in this agreement by reference. This Agreement is subject to the following conditions: 1. Owner shall furnish to County a Quit Claim Deed conveying Rights-of-Way described in the Parcel No. 02 Legal Description for the bridge 8/25A replacement project Title insurance need not be provided by Owner. 2. The date of the exchange of the properties described in this Agreement shall be the date of the delivery of the Deeds . Possession of the properties shall be delivered to the County upon closing and shall not be subject to any leases or tenancies. The hour and place of the closing shall be set by mutual agreement of the parties. 3.General taxes for the year. 1993 shall be apportioned to the date of delivery of the Deed based on the most recent levy and the 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 2 Pages B 1419 REC 02366509 12/29/93 15:32 $0 .00 1/002 F 1438 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 93121417 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. Other conditions, terms or obligations: The County will: a. Relocate existing fence located within Parcel No, 2, back onto owner's land. b. Relocate existing west driveway & gate to the east approximately 50' & replace or relocate any trees that are disturbed during construction. c. Pay the owner a cash payment for use of temporary easement No, 2 an amount of $375,00. IN WITNESS KEREOF, the parties hereto have subscribed their names this V — day of ,4J1CMnhtA) , 199'3 . ATTEST: WELD COUNTY COLORADO,BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS /1 jay4/9/9'4 71, <.."-euarte .ie-, Connie Harbert, Chairman 42/08/95 Weld County Clerk to the Board /2 By:' 12Za 69'-4-/Hc Deputy'Cle to the Bo r THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" / Owner accepts the above proposal this 81"L�' day of G`'l/"2ettle.t., , 19 92) By: CLL� �� ' o�v� l4.. (t_yWZ-n. Edith Jea Chavers WITNESS ,3 g- Wayne Howard Civil Engineer I Weld County Page 2 of 2 Pages B 1419 REC 02366509 12/29/93 15 :32 $0 .00 2/002 F 1439 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9j147 TEMPORARY CONSTRUCTION EASEMENT FOR WELD COUNTY BRIDGE 8/25A The undersigned hereby grants to the County of Weld, the contractor and its assignees, a temporary construction easement on the following described real property: The Southeast Quarter of the Southwest Quarter of Section 18,Township 1 North,Range 66 West of the 6th P.M. , County of Weld, State of Colorado, on South Platte River. The description of the temporary construction easement within the undersigned's property is more particularly described as follows: A rectangular area approximately 20' x 340' , from station 3+10, right, to station 6+50, right, and extending about 20' north of the County right-of- way line as part of the Bridge 8/25A replacement project. See Plan Sheet. The temporary construction easement is for the purpose of constructing a new bridge. The undersigned agrees that $375.00 payment is just compensation for the inconvenience resulting from the construction within the temporary construction easement. The undersigned shall be compensated for damages, if incurred, on the property within the temporary construction easement. The temporary construction easement shall be null and void thirty (30) days after completion of construction. 4 b'-93 Edith Jea havers Date NOTE: This document is NOT to be recorded. 931247 FREDERICK LAND SURVEYING t 1528 N. Lincoln 11 Loveland, Co. 80538 (303) 669-3652 FLS; RIGHT-OF-WAY TO BE ACQUIRED FROM PARCEL NO. 02 EDITH JEAN CHAVERS FOR WELD COUNTY BRIDGE WEL 8/25A LAND DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION All that portion of the southeast one-quarter of the southwest one-quarter of Section 18 , Township 1 North , Range 66 West , of the 6th P .M. , Weld County , Colorado more particularly described as follows : Considering the south line of said southwest one-quarter of Sec- tion 18 as bearing NORTH 90° 00 ' 00.. WEST and with all bearings contained herein relative thereto . Commencing at the southeast corner of said southwest one-quarter of Section 18; Thence along said south line of the southwest one- quarter of Section 18 NORTH 90° 00' 00" WEST 1321 . 18 feet to the west line of said southeast one-quarter of the southwest one- quarter of Section 18 ; Thence leaving said south line and along said west line north 30 .00 feet to the north right-of-way line of Weld County Road 8 according to Book 5 , Page 205 , records of said county and the TRUE POINT OF BEGINNING; Thence leaving said west line and along said north right-of-way line NORTH 90° 00' 00" EAST 446 . 15 feet ; Thence leaving said north right-of-way line NORTH 00° 00' 00.. EAST 10 . 00 feet to a line which is parallel with and 10.00 feet (measured at right angles) north of said north right- of-way line of Weld County Road 8; Thence along said parallel line NORTH 90° 00' 00.. WEST 446 . 15 feet to said west line of the south- east one-quarter of the southwest one-quarter of Section 18 ; Thence leaving said parallel line and along said west line south 10.00 feet to the TRUE POINT OF BEGINNING. Said portion contains 0. 10 acres (4462 square feet) , more or less . September 16 , 1993 iun ` I Project No: 93-03-681 Oseo• sl b do 1203 '1•04t 41. 9312k AR2366508 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND //__OR EASEMENTS ' THIS AGREEMENT, made and entered this day of n Y L , 192) by and between Weld County, Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "County, " and William Ocker and Barbara Ocker 12496 WCR 8 Fort Lupton. CO 80621 hereinafter referred to as "Owner. " WHEREAS, County wishes to purchase from Owner certain lands described below for the purpose of providing the County with a rights-of-way, and/or easement. Any rights-of-way described in this agreement will be referred to as "rights-of-way" and any easement will be referred to as "temporary or permanent easement." WHEREAS, Owner wishes to sell to County the rights-of-way and/or easement(s) for the consideration mentioned below. WITNESSETH: That in consideration of the payment by- County to Owner of the sum of Seventy-five and 00/100 dollars ($75.00 ) , in cash, and other valuable consideration, Owner agrees to sell to County and County agrees to purchase from Owner the rights-of-way and/or easement(s) described in Exhibit(s) Parcel No. 04 & Temporary Easement No. 4 which is attached to and incorporated in this agreement by reference. This Agreement is subject to the following conditions: 1. Owner shall furnish to County a Quit Claim Deed conveying Rights-of-Way described in the Parcel No. 04 Legal Description for the bridge 8/25A replacement project. Title insurance need not be provided by Owner. 2. The date of the exchange of the properties described in this Agreement shall be the date of the delivery of the Deeds. Possession of the properties shall be delivered to the County upon closing and shall not be subject to any leases or tenancies. The hour and place of the closing shall be set by mutual agreement of the parties. 3.General taxes for the year 1993 shall be apportioned to the date of delivery of the Deed based on the most recent levy and the 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 2 Pages B 1419 REC 02366508 12/29/93 15 :31 $0 .00 1/002 F 1436 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 931247 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. Other conditions, terms or obligations: The County agrees to the followinv: A, Relocate existing fence that will be disturbed by construction. B, Reconstruct field entrance to match new roadway elevations. C. Pay owner a cash payment for use of Temporary Construction Easement No, 4 a total of $75.00. IN WITNESS MjEREOF, the parties hereto have subscribed their names this LP — day of , ATTEST: WELD COUNTY COLORADO,BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS L144/4 1,7 Contance L. Harbert Chairman /a/og/93 Weld County Clerk to the Board By: ./ �� � Deputy Cl rk to the THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" Owner accepts the above proposal this I-STday of --)2.43-1/- , 19g3 By:• ,1�C.e e-. �e key - X`=� o,,,,e, 'o` / (" William Ocker Barbara Ocker WITNESS l'V 7-t /�'/1�" `Wayne Howard Civil Engineer I Weld County Page 2 of 2 Pages B 1419 REC 02366508 12/29/93 15 :31 $0 .00 2/002 F 1437 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9347 TEMPORARY CONSTRUCTION EASEMENT FOR WELD COUNTY BRIDGE 8/25A The undersigned hereby grants to the County of Weld, the contractor and its assignees, a temporary construction easement on the following described real property: The Northeast Corner of the Northwest Quarter of Section Nineteen, Township One North, Range Sixty-six West of the 6th P.M. , County of Weld, State of Colorado. The description of the temporary construction easement within the undersigned's property is more particularly described as follows: A rectangular area beginning approximately at Station 5+00, left, 50' , left, 200' , left, 50' , left, 200' ; as part of the Bridge 8/25A replacement project. See Plan Sheet. The temporary construction easement is for the purpose of constructing a new bridge. The undersigned agrees that $75.00 payment is just compensation for the inconvenience resulting from the construction within the temporary construction easement. The undersigned shall be compensated for damages, if incurred, on the property within the temporary construction easement. The temporary construction easement shall be null and void thirty (30) days after completion of construction. 7froir `13 William Ocker Date X 044,1415 v aiLA )-z-eru- t — Barbra Ocker Date NOTE: This document is NOT to be recorded. 93127 FREDERICK LAND SURVEYING 1528 N. Lincoln Loveland, Co. 80538 (303) 669-3652 FLS RIGHT-OF-WAY TO BE ACQUIRED FROM 1 PARCEL NO. 04 WILLIAM AND BARBARA OCKER FOR WELD COUNTY BRIDGE WEL 8/25A LAND DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION All that portion of the northwest one-quarter of Section 19 , Township 1 North , Range 66 West , of the 6th P .M. , Weld County , Colorado more particularly described as follows: Considering the north line of said northwest one-quarter of Sec- tion 19 as bearing NORTH 90° 00 ' 00.. WEST and with all bearings contained herein relative thereto . Commencing at the northeast corner of said northwest one-quarter of Section 19; Thence along said north line of the northwest one- quarter of Section 19 NORTH 90° 00' 00" WEST 1121 . 76 feet to the approximate centerline of the South Platte River ; Thence leaving said north line and along said approximate centerline SOUTH 02° 47 ' 00" EAST 30 .04 feet to the south right-of-way line of Weld County Road 8 according to Book 5 , Page 205 , records of said county and the TRUE POINT OF BEGINNING; Thence leaving said ap- proximate centerline and along said south right-of-way line NORTH 90° 00' 00.. EAST 245 . 27 feet ; Thence leaving said south right-of- way line SOUTH 00° 00' 00" EAST 10.00 feet to a line which is parallel with and 10.00 feet (measured at right angles) south of said south right-of-way line of Weld County Road 8; Thence along said parallel line NORTH 90° 00' 00.. WEST 244 . 79 feet to said approximate centerline of the South Platte River ; Thence leaving said parallel line and along said approximate centerline NORTH 02° 47 ' 00 , WEST 10.01 feet to the TRUE POINT OF BEGINNING. Said portion contains 0 . 06 acre (2450 square feet ) , more or less . September 16 , 1993 Project No: 93-03-681 E �p _ot. w ERICK a y� 11989 4 )s1v/93 YY,//4AL LFNo% 931247 Hello