HomeMy WebLinkAbout940571.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY
AND/OR EASEMENTS WITH DONNA M. WINTER AND LOIS J. STURGEON AND AUTHORIZE
CHAIRMAN TO SIGN - BRIDGE #23/74A
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 Parcel No. 3 for
the Bridge #23/74A replacement project 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 Donna M. Winter and Lois
J. Sturgeon, 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 Parcel No. 3 for the Bridge #23/74A
replacement project 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 Donna M. Winter and Lois J. Sturgeon 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 15th day of June, A.D. , 1994.
1; ���,/®j �y®�� BOARD OF COUNTY COMMISSIONERS
ATTEST: /� ��""�/ G��'""" ' WELD COUNTY, CO ORADO
Weld County Clerk to the Board 01
' J
W. F. Webste , C a K/
BY: /(.1 n
Deputy Clerk to the Board Dale Hall, ProrTem
APPRO AS TO FORM:
eorgg . Baxter
County Attorney Constance L. Harbert
arb 4
Barbara J. Kirkm yer
940571
E-6-07)33 ° ,
Art2j94_544 AGREEMENT FOR SALE AND PURCHASE OF VACANT
-- LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS
THIS AGREEMENT, made and entered this 9th day of June 1994
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 DONNA M. WINTER AND LOIS J. STURGEON
37687 HWY 257
WINDSOR, CO 80550
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
Two hundred twenty-four and no/100 -- ($ 224.00 ) , 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) A AND B 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 attached Exhibit A and shown in Exhibit B for
the Bridge 23/74A 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. 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 1447 REC 02394549 06/23/94 12 : 04 $0 . 00 1/004 940571
F 2084 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
4. 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.
5. Other conditions, terms or obligations: The County agrees to the
following: The owners will be paid $1,000.00 per acre and $50.00 processing
fee.
IN WITNESS HEREOF, the parties hereto have subscribed their names this
9th day of June 19 94 .
ATTEST: WG�Z WELD COUNTY COLORADO,BYY AND
THROUGH THE BOARD OF COUNTY
Weld County lerk to kke, Board COMMISSIONERS
By. 4;04" '/°% ` W-`0; / (1 [�A
DeputY,- I.#' riXd.,; �y` arr ..�.{
_,C� W. H. Webster, Chairman (pACM
By Vtt. Wes)
Donna M. Winter Lois J. Sturge
THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER"
Owner accepts the above proposal this 9th day of June 1994
By:
Hergert Limited Partnership No. i
WITNESS g -vciA(
Denni Graham
Weld County
Page 2 of 2 Pages
B 1447 REC 02394549 06/23/94 12 : 04 $0 . 00 2/004
F 2085 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940571
EXHIBIT A
PROPERTY DESCRIPTION
PARCEL 3
A parcel of land located in the Southeast Quarter of Section 26, Township 7
North, Range 67 West of the Sixth Principal Meridian, County of Weld,
Colorado, said parcel being more particularly described as follows:
COMMENCING at the southeast corner of said Southeast Quarter of -Section 26;
THENCE S89°58'00"W along the southerly line of said Southeast Quarter of
Section 26 a distance of 30.00 feet to the POINT OF BEGINNING;
THENCE continuing along said line S89°58.00"W a distance of 30.00 feet;
THENCE N00°08'20"W along a line being 60.00 feet westerly of and parallel
with the easterly line of said Southeast Quarter of Section 26 a distance of
281.80 feet;
THENCE N89°51'40"E .a distance of 13.61 feet;
THENCE. along the westerly edge of asphalt of County Road 23 as located in
December, 1993 the following three (3) courses:
1. S06°25'07"E a distance of 6.49 feet;
2. THENCE S08°59'22"E a distance of 49.85 feet;
3. THENCE S10°09'44"E a distance of 46.04 feet;
THENCE S00°08'20"E along a line being 30.00 feet westerly of and parallel
with the easterly line of said Southeast Quarter of Section 26 a distance of
180.82 feet to the POINT OF BEGINNING.
Containing 7586 square feet (0.174 Acres) , more or less.
•
B 1447 REC 02394549 06/23/94 12 : 04 $0 . 00 3/004
F 2086 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940571
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