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
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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
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