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Home My WebLink About940971.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS WITH GUNZNER INVESTMENT COMPANY AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE NO. 32.5/21B 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/or Easements for Bridge No. 32.5/21B between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Public Works Department, and Gunzner Investment Company, 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/or Easements for Bridge No. 32.5/21B between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Public Works Department, and Gunzner Investment Company 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 3rd day of October, A.D. , 1994. I Mtati!7 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board . Webster, Cha rman BY: , 1 1,/l/�� , MILL- -Deputy rk to the Board Dale,K. Hall, Pro em 1 - fi APPROVED AS TO FORM: e i �i `� //Geo e,,K. Baxter ounty Adtorne Con tance L. Harbert j /`l.L(r..bir t& arbara J. Kirkmey//r 940971 1—ri( ()2)2) e() : fet J; &-VA/�'-Nt/ AR2M09d03 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS THIS AGREEMENT,made and entered this day of r 19 y b �� by and between Weld County, Colorado, by and through the Board of Co y Commissioners of the County of Weld, Colorado, hereinafter referred to as "County," and GUNZNER INVESTMENT COMPANY 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 FIFTY AND NO/100 DOLLARS ($150.00), 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 as follows: This Agreement is subject to the following conditions: RIGHT-OF-WAY TO BE ACQUIRED FROM PARCEL NO. 4 GUNZNER INVESTMENT COMPANY FOR WELD COUNTY BRIDGE 32.5/21B LAND DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION A parcel of land situated in the SW 1/4 of Section 13, T3N, R67W of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Considering the North line of the SW 1/4 of said Section 13 as bearing N 90°00'00" E and with all bearings contained herein relative thereto. 2409803 B-1462 P-224 10/06/94 02:39P PG 1 OF 3 REC DOC Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00 Page 1 of 3 Pages 940971 Beginning at the Northwest corner of the SW 1/4 of said Section 13, thence N. 90°00'00" E 178.59 feet along the North line of the said SW 1/4; Thence S 00°05'47" W. 37.82 feet; Thence N 89°54'13" W 100.00 feet; Thence S 00°05'47" W 15.00 feet; Thence N 89°54'13" W 75.95 feet to a point on the West line of the said SW 1/4; Thence N 02°46'57" W 52.59 feet to the POINT OF BEGINNING. Containing 0.18 acres, more or less, EXCEPTING 0.08 acres in the existing right-of-way of Weld County Road 32 1/2. This Agreement is subject to the following conditions: 1. "Owner" shall furnish to "County" a Quit Claim Deed conveying Part of the SW 1/4 Section 13, T3N, R67W of the 6th P.M. as described in Parcel 3. 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 1994 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. 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 assign, only when the same has been approved by the Board of County Commissioners of the County of Weld, on behalf of Weld County, Colorado. ,/pa.C 9mfr 6. Other conditions, terms or obligations: A sum offl5 will be tendered for inconvenience to the Owner. Page 2 of 3 Pages 2409803 B-1462 P-224 10/06/94 02:39P PG 2 OF 3 9 ai IN WITNESS HE IRXOF, the parties hereto have subscribed their names this day of OrirbilL 119Q41 . ATTEST: WELD COUNTY COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS br _1 Lam; Chairman /0/0599 Clerk to the Bowl .. m By: ciQt c Deputy� l� / f lClerk THE FOLLOWING SECTION TO BE COMPLETED BY " ER" "OffaPtt7ffçl thi t of WI SS Civil Engineer II Weld County 2409803 B-1462 P-224 10/06/94 02:39P PG 3 OF 3 Page 3 of 3 Pages 940971 Att2421164S QUITCLAIM DEED THIS DEED, Made this day ofb10—£A-m/(1--et-- , 19 , between GUNZNER INVESTMENT COMPANY whose address is 5783 S. Prescott, Littleton, Colorado 80120, hereinafter called GRANTOR, whether one or more, and Weld County, whose address is P.O. Box 758, Greeley, Colorado 80632, hereinafter called COUNTY. WITNESSETH, That the GRANTOR for in consideration of the sum of ONE HUNDRED FIFTY AND NO/100 DOLLARS ($150.00) and other valuable consideration, to GRANTOR in hand paid by the COUNTY, the receipt whereof is hereby confessed and acknowledged, does remise, release, sell, convey and QUITCLAIM unto the COUNTY, forever, all the right, title, interest, claim and demand which the GRANTOR has in and to the following described lot or parcel of land situate, lying and being in the County of Weld, State of Colorado, to wit: RIGHT-OF-WAY TO BE ACQUIRED FROM PARCEL NO. 4 GUNZNER INVESTMENT COMPANY FOR WELD COUNTY BRIDGE 32.5/21B LAND DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION A parcel of land situated in the SW 1/4 of Section 13, T3N, R67W of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Considering the North line of the SW 1/4 of said Section 13 as bearing N 90°00'00" E and with all bearings contained herein relative thereto. Beginning at the Northwest corner of the SW 1/4 of said Section 13, thence N. 90°00'00" E 178.59 feet along the North line of the said SW 1/4; Thence S 00°05'47" W 37.82 feet; Thence N. 89°54'13" W 100.00 feet; Thence S 00°05'47" W 15.00 feet; Thence N 89°54'13" W 75.95 feet to a point on the West line of the said SW 1/4; Thence N 02°46'57" W 52.59 feet to the POINT OF BEGINNING. Containing 0.18 acres, more or less, EXCEPTING 0.08 acres in the existing right-of-way of Weld County Road 32 1/2. PAGE 1 OF 2 PAGES 2420665 B-1473 P-491 12/29/94 03:54P PG 1 OF 2 REC DOC Weld County CO Clerk & Recorder 0.00 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said GRANTOR, either in law or equity, to the only property use, benefit and behalf of WELD COUNTY.WITNkSS REOF, the GRANTOR,has hereunto set his hand �}� and seal on this day of --L, - , CSC'. unziier In estment Company / ••' p 0.1/4,ii. .G By: 3. nr t o Jo E. Gunzner " L :v- SATE OF COLORADO ) - tp, ` ) SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 19 by GUNZNER INVESTMENT COMPANY by JOHN E. GUNZNER. My commission expires , 19 . Witness my hand and official seal. Notary Public 2420665 B-1473 P-491 12/29/94 03:54P PG 2 OF' 2 PAGE 2 OF 2 PAGES Hello