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HomeMy WebLinkAbout940407.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS WITH HARRY GOBERT, JAMES ORR, AND TOM BABB AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE #18/25A 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 an Agreement for Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements for Bridge #18/25A 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 Harry Gobert, James Orr, and Tom Babb, 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 #18/25A 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 Harry Gobert, James Orr, and Tom Babb 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 2nd day of May, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: Pla71,4 WELD COUNTY, COLORADO Weld County Clerk to the Board j -920 22 W. H. Webster Chairman VV BY: �c k Deputy Clerk to the B Dale A Hall, Vr -Tem kkAPPR AS TO FORM: (,. ,r jGe000 gVE. Baxter 217tn't— 051.7ecTs..-11 --"&"7149(dateaseesZr County Atto ey Con tance L. Harbert . ic24 4-- arbara J. Kirkmeye 940407 GTs GC°3_, a Aid3a?4t? QUITCLAIM DEED COUNTY OF WELD STATE OF COLORADO i � THIS DEED, Made this day of /hit- , 19 94 , between Tom Babb whose address is: 4675 S. Yosemite Denver. CO 80237 hereinafter called GRANTOR, whether one or more, and County of Weld, State of Colorado, whose address is PO Box 758, Greeley, CO 80632, hereinafter called COUNTY. WITNESSETH, That the GRANTOR for in consideration of the sum of Two hundred and seventy dollars and eighty-three cents ($ 270.83 ) 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: The Property Described in the Attached Exhibit A for Bridge WEL018.0-025.OA 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 proper use, benefit and behoof of the COUNTY. IN WITNESS WHERE The GRANTOR, has hereunto set his hand and seal on this I'1 day of ffAR��- , 19 9`1( . Tom Babb Date STATE OF COLORADO, ) ss. COUNTY OF WELD ) / /) The foregoing instrument was acknowledged before me this % day of /9/0,--./ 19 9I/ , by Tom Babb My commission expires (dA2C , 19 77 . Witness my hand and official seal. Notary Public. i, 8 1440 NEC 02387417 05/09/94 14: 08 $0 . 00 1/001 940407 F i752 MARY ANN FEUERSTE1N CLERK & RECORDER WELD CO, CO M(23674418 QUITCLAIM DEED COUNTY OF WELD STATE OF COLORADO THIS DEED, Made this 14 day of APRIL , 19 94 , between James Orr whose address is: 5403 Cottonwood Crt. Littleton. CO 80121 hereinafter called GRANTOR, whether one or more, and County of Weld, State of Colorado, whose address is PO Box 758, Greeley, CO 80632, hereinafter called COUNTY. WITNESSETH, That the GRANTOR for in consideration of the sum of Two hundred and seventy dollars and eighty-three cents ($ 270,83 ) 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: The Property Described in the Attached Exhibit A for Bridge WEL018.0-025.OA 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 proper use, benefit and behoof of the COUNTY. IN WITNESS WHEREOF, The GRANTOR, has hereunto set his hand and seal on this /L-/rrF day of 4 /0,,- , 19 it/ .CCCEJames rr Date STATE OF COLORADO, ss. COUNTY OF WELD ) /I/4 The foregoing instrument was acknowledged before me this day of 4pi / 19 '3 4/ , by James Orr My commission expires /07) 6 , 19 9 7 . Witness my hand and official seal. may` n = aile•� Notary Public. 3 + FU3UG ' B 1440 REC 02387418 05/09/94 14 : 09 $0 . 00 1./001 F 1753 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9404' '7 AX2387419 QUITCLAIM DEED COUNTY OF WELD STATE OF COLORADO THIS DEED, Made this 14 day of APRIL , 19 94 , between Harry Gobert whose address is: 747 S. University Denver, CO 80209 hereinafter called GRANTOR, whether one or more, and County of Weld, State of Colorado, whose address is PO Box 758, Greeley, CO 80632, hereinafter called COUNTY. WITNESSETH, That the GRANTOR for in consideration of the sum of Two hundred and seventy dollars and eighty-three cents ($_ 270.83 ) 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: The Property Described in the Attached Exhibit A for Bridge WEL018.0-025.0A 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 proper use, benefit and behoof of the COUNTY. IN WITNESS WHEREOF"A The GRANTOR, has he eunto set his hand and seal on this /9 day of //QRlt- , 19 9/. n" Harry G rt Date STATE OF COLORADO, ) ss. COUNTY OF WELD ) lh The foregoing instrument was acknowledged before me this day of /1//orR 19 99 , by Harry Gobert My commission expires /0PC , 19 9 q . Witness my hand and official seal. eL (( Notary Public. PUBU'0 .: .. ........ nr rn B 1440 REC 02387419 05/09/94 14 : 09 $0 . 00 1/001 940407 u 1754 MARY ANN PE0FRSTEIN CLERK & RECORDER WELD CO . CO AR2387ydp AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS THIS AGREEMENT, made and entered this rA nd day of , 1994 by and between Weld County, Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "County, " and Harry Gobert James Orr Tom Babb 747 S. University 5403 Cottonwood Crt. 4675 S. Yosemity Denver, CO 80209 Littleton, CO 80121 Denver,CO 80237 hereinafter referred to collectively as "Owner. " WHEREAS, County wishes to purchase from Owner certain lands described below for the purpose of providing the County with a rights-of-way, and/or easement. Any rights-of-way described in this agreement will be referred to as "rights-of-way" and any easement will be referred to as "temporary or permanent easement. " WHEREAS, Owner wishes to sell to County the rights-of-way and/or easement(s) for the consideration mentioned below. WITNESSETH: That in consideration of the payment by County to Owner of the sum of eight hundred and twelve dollars and fifty cents ($ 812.50 ) , 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 which is attached here to and is 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 for the bridge 18/25A 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 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. Page 1 of 2 Pages B 1440 REC 02387420 05/09/94 14 : 09 $0 . 00 1 /003 1755 MARV ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 4t1,O fl 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto, and upon their representative heirs, devisers, 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 Following: A. Place 750 ft. of three wire.metal post fence onto new R.O.W. line B. Pave 20 ft. of existing driveway located at sta 3+30. starting from edge of new roadway. and IN WITNESS H REOF, the parties hereto have subscribed their names this day of / 14Gcf 19 94 ATTEST: WELD COUNTY COLORADO,BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS William H. Webster DateD5I0// Weld Coynti+il`Gtlt 'itthe Board Chairman �� s By: Deputy -C 'r1C to the Board THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" AA Owner accepts the above proposal this ao- day of /�*�itig— , 19 94 By: 9(1/1 `C �_ / a Harry Go�rt ames 0 y� Tom Babb WITNESS l '‘)70e1 ►iU�a \ Wayne Howard Weld County Page 2 of 2 Pages B 1440 REC 02387420 05/09/94 14 : 09 $0 , 00 2/003 F 1756 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940407 ) `', FREDERICK LAND SURVEYING EXHIBIT A s 1528 N. Lincoln 1 Loveland, Co. 80538 ,_FLS (303) 669-3652 l.l_ g RIGHT-OF-WAY TO BE ACQUIRED FROM PARCEL NO. 1 HARRY GOBERT, JAMES ORR AND TOM BABB FOR M 0 WELD COUNTY BRIDGE WEL 18/25A o 0 0 LAND DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION O O All that portion of the southwest quarter of Section 19, Township o a 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado more o w particularly described as follows: O3: 0Z Considering the south line of said southwest quarter of Section 19 Q as bearing SOUTH 89° 56' 00" EAST and with all bearings contained rz herein relative thereto. 0 0 Commencing at the southwest corner of said Section 19; Thence o a along said south line of the southwest quarter of Section 19 SOUTH 89° 56 ' 00" EAST 1970. 44 feet to the TRUE POINT OF BEGINNING: .44 .-f x. Thence continuing along said south line SOUTH 89° 56 ' 00" EAST a4 823 .21 feet to the east line of said southwest quarter of Section w 19; Thence leaving said south fine and along said east line NORTH O O 00° 03' 00" EAST 75 .39 feet to the beginning of a non-tangent o; z curve to the right , having a central angle of 00° 41 ' 51" and a o - radius of 2440.00 feet (a radial line from said point bears NORTH ,n Ei 06° 19' 00" WEST) ; Thence leaving said east line and along the arc ow of said curve westerly 29.70 feet to the end of said curve; Thence w radially from said curve SOUTH 05° 37 ' 09" EAST 10.00 feet to the C ti beginning of a non-tangent curve to the right having a central IN CLI 44 angle of 02° 17 ' 31 " and a radius of 2450.00 feet (a radial line r from said point bears NORTH 05° 37 ' 09" WEST) ; Thence along the n z arc of said curve westerly 98.01 feet to the end of said curve; "V4 Thence radially from said curve SOUTH 03° 19 ' 38" EAST 10.00 feet 0 r to the beginning of a non-tangent curve to the right having a v x central angle of 03° 22 ' 01" and a radius of 2460.00 feet (a rya ¢ iz x radial line from said point bears NORTH 03° 19 ' 38" WEST) ; Thence along the arc of said curve westerly 144. 56 feet to the end of 44, ,f said curve: Thence tangent from said curve NORTH 89° 57 ' 37" WEST d' i> 403.09 feet ; Thence SOUTH 00° 02 ' 23" WEST 10.00 feet ; Thence NORTH 89° 57 ' 37" WEST 150.00 feet ; Thence SOUTH 00° 02 ' 23" WEST M '- 30.00 feet to the TRUE POINT OF BEGINNING. Said portion contains 0.79 acres (34,482 square feet ) , more or less. December 28 , 1993 � r 1 Project No: 93-03-680.03 119893I t (Pr•�«i";„e/4 940407 "fit tinter mEmoRAnDum MiteTo Clerk to the Board Date Apri1 26, 1994 COLORADO From Wayne Howard. Civil Engineer I 16t Subject: Agenda Item Please add the following to the Board's agenda for Monday, May 2, 1994: "Approval of the Agreement for Sale and Purchase of Vacant Land For Rights-of-Way and/or Easements for Bridge 18/25A Replacement Project. " Appropriate documentation is attached. WH/pds:ctb2 Attachment cc: Commissioner Kirkmeyer File 940407 Hello