HomeMy WebLinkAbout930487.tiff RESOLUTION
RE: APPROVE TWO AGREEMENTS FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS-OF-WAY AND/OR EASEMENTS WITH BANK ONE, GREELEY, NA, TRUSTEE,
PARKER, AND HOBBS; AND INOUYE AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE
14.5/25A
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 two Agreements for Sale and
Purchase of Vacant Land for Rights-of-Way and/or Easements between Bank One,
Greeley, NA, Trustee, Parker, and Hobbs; and Inouye and Weld County, Colorado,
with the terms and conditions being as stated in said agreements, and
WHEREAS, said agreements concern property described as the S1NW; and NISW*
of Section 31, Township 2 North, Range 66 West of the 6th P.M. , Weld County
Colorado, being more fully described 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 two Agreements for Sale and Purchase of Vacant Land
for Rights-of-Way and/or Easements between Bank One, Greeley, NA, Trustee,
Parker, and Hobbs; and Inouye and Weld County, Colorado, be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 2nd day of June, A.D. , 1993.
A("
(.,44 BOARD OF COUNTY COMMISSIONERS
�X niy :X
ATTEST: #' /ky WELD COUNTY, COLORADO
Weld County Clerk to the Board L"may � T .. 2 ( �\ ��-/ce l�
p� �/� �. Constance L. Harbert, Chairman
BY: Ca
"-'` L�r. i / y�-�l-',ti �r
eputy Clkkk to the Board W. ebster, Pro-Tem
APPROVED AS TO II FORM: EXCUSED DATE OF SIGNING (AYE)
�/��/�(/// George E. Baxter
d OzL--1---t-,0-- EXCUSED
C . County Attor ey Dal K. Hall / y
� J.Lc_irk e'yr�/1Lu/z/�
Barbara Kirkme er O
z 930487
5640 3
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR. RIGHTS-OF-WAY AND OR EASEMENTS
THIS AGREEMENT, made and entered this 24 day of /Yloaj , 19°.i
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 Harley Inouye also known as Harry Inouye and Martha M. Inouye
12210 WCR 14.5 Ft. 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
Elva lite,areA ($ 585 .22-- ) , in cash, and other
valuable considefa ion, 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. 01. Bridge 14.5/25A 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. 01 Legal Description for the
bridge 14,5/25A 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 1386 REC 02336405 06/10/93 11 : 59 $0 . 00 1/003
F 2023 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EURP0RTED COPY 920487
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:
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,0IN WITNESS EREOF, the parties hereto have subscribed their names this
day of AA\J; ,
ATTES : D00 WELD COUNTY COLORADO,BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS
U"6JI� S/ l-G.�uf
Contance L. Harbert Chairman 04'4,1,43
Weld County Clerk to the Board
By:
Deputy Cler tto the Bid
THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" G�
Owner accepts the above proposal this "q7/ day of 2971 , 19923
By: 4 . �G Z
arry Inouye Martha M. Inouye �
WITNESS
Alan M. Miller
Right-of-Way Agent For
Weld County
Page 2 of 2 Pages
930487
RIGHT-OF-WAY
TO BE ACQUIRED
FROM
PARCEL NO. 01
HARRY INOUYE and
MARTHA M. INOUYE
FOR
WELD COUNTY BRIDGE WEL 14.5/25A
LEGAL DESCRIPTION
A tract or parcel of land No. 01 containing 2.720 acres, more or less, in the North 1/2 of
the Southwest 1/4 of Section 31, Township 2 North, Range 66 West, of the Sixth Principal
Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as
follows:
Beginning at the center of said Section 31, and considering the east-west center line of
said Section 31 to bear N 90°00'00" E with all other bearings contained herein relative thereto;
thence S 00°00'00" E a distance of 30.00 feet to a point and continuing as described hereby;
1. Thence N 90°00'00" W a distance of 653.71 feet;
2. Thence S 00°00'00" E a distance of 75.00 feet;
3. Thence N 90°00'00" W a distance of 121.71 feet;
4. Thence N 24°54'01" W a distance of 82.68 feet;
5. Thence N 90°00'00" W a distance of 439.36 feet;
6. Thence N 00°00'00" E a distance of 30.00 feet to a point on the east-west
center line of Section 31;
• 7. Thence N 90°00'00" E a distance of 1,249.60 feet to the Point of Beginning.
The above described parcel or tract contains 47,921.37 square feet or 1.100 acres to be
acquired. Of this area, 27,561.90 square feet are existing road R-O-W or 0.633 acres which
leaves 0.467 acres of new R-O-W.
G D� '
H
*
:° 13184
c\word\letters\erich\wd14row1.doc •t° O- Revised 05/04/93
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93'O4R,
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS
THIS AGREEMENT, made and entered this 4"-a day of , 19,
by and between Weld County, Colorado, by and through the oard of County
Commissioners of the County of Weld, Colorado, hereinafter referred to as
"County, " and Bank One. Greeley. NA. As Trustee. A Corporation organized and
existing under the laws of the State of Colorado. As to an undivided 1/2
interest and Agent for the remaining 1/2 interest of Mr. Robin Parker. Ms.
Marian Parker. Ms, Jan Parker Hobbs. Floyd Parker. and Hellen M. Parker.
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
Seven Hundred Twenty Six Dollars ($ 726.00 ) , 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. 02. Bridge 14,5/25A 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 14.5/25A 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 1386 REC 02336406 06/10/93 12 :01 $0 .00 1/003
F 2026 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PURPORTED COPY 930487
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:
IN WITNESS HEREOF, the partlaeA hereto have subscribed their names this
day of ()t.A.E_i , 19 I
ATT T: WELD COUNTY COLORADO,BY AND
U4 , THROUGH THE BOARD OF COUNTY
�l ,�� COMMISSIONERS
C G iLzy/!Z fiat
Constance L. Harbert Chairman Q.,04y7/93
Weld County Clerk to the Board
By:
Deputy Clerk to the B
THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER"
in
Owner accepts the above proposal this 14 day of & 19 93
Bank One, Greeley, NA
By: •O-2k-1,4740��to . U 4
Debra J. Patterson
Trustee and Agent Rik_
WITNESS A. JL M
Alan M. (Miller
Right-of-Way Agent For
Weld County
Page 2 of 2 Pages
930487
RIGHT-OF-WAY
TO BE ACQUIRED
• FROM
PARCEL NO. 02
GREELEY NATIONAL BANK 1/2 INT.
ROBERT PARKER, ET AL 1/2 INT.
FOR
WELD COUNTY BRIDGE WEL 14.5/25A
LEGAL DESCRIPTION
A tract or parcel of land No. 02 containing 1.100 acres, more or less, in the South 1/2 of
the Northwest 1/4 of Section 31, Township 2 North, Range 66 West, of the Sixth Principal
Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as
follows:
Beginning at the center of said Section 31, and considering the east-west center line of
said Section 31 to bear N 90°00'00" E with all other bearings contained herein relative thereto;
thence N 00°00'00" E a distance of 112.22 feet to a point and continuing as described hereby;
1. Thence N 90°00'00" W a distance of 695.62 feet;
2. Thence S 63°59'59" W a distance of 34.72 feet;
3. Thence S 87°46'01" W a distance of 174.59 feet;
4. Thence S 56°59'14" W a distance of 48.85 feet;
5. Thence S 87°46'01" W a distance of 307.58 feet;
6. Thence S 00°00'00" E a distance of 51.60 feet to a point on the east-west
center line of said Section 31;
7. Thence N 90°00'00" E a distance 1,249.60 feet to the Point of Beginning.
The above described parcel or tract contains 118,503.90 square feet or 2.720 acres to be
acquired. Of this area, 89,714.73 square feet are existing road R-O-W or 2.060 acres which
leaves 0.66 acres of new R-O-W.
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13184 W•
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c\word\letters\erich\wdl4row2.doc . N o 5-4-93 44 O Revised 05/04/93
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930487
isci(psiorMEMORAnDum
To Clerk to the Board Date May 26, 1993
COLORADO From Alan Miller, Engineering
Subject:Agenda Item
Please add the following to the Board's agenda:
"Approval of the 'Agreements for Sale and Purchase of Vacant Land for
Rights-of-Way and/or Easements'"
Appropriate documentation is attached.
AM/pds:ctb8
Attachment
cc: Commissioner Baxter
File
930487
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