The URL can be used to link to this page

Browse Search

Home My WebLink About940938.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS WITH FERME FARMS 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 Ferme Farms, 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 Ferme Farms 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 28th day of September, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO ) Weld County Clerk to the Board �V ,/ /a4 PPAA,, H. Web ter, Ch ' man BY: tPP t Deputy C rk to the Board Dale Hall, Pr -Tem APPROVED AS TO FORM: //Geor Baxter // ounty Atto ney Co ance L. Harbert Barbara J. Kirkmey r 940938 r-40:::)53 car_: nit)(w ti) /=ftZ E • AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS p THIS AGREEMENT,made and entered this ,�f U day of s iottinix419 94 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 FERME FARMS, A PARTNERSHIP 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 EIGHT HUNDRED TWENTY-EIGHT AND NO/100 DOLLARS ($828.00), 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. 2 FERME FARMS, A PARTNERSHIP FOR WELD COUNTY BRIDGE 32.5/21B LAND DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION A parcel of land situated in the NE 1/4 of Section 14 and in the NW 1/4 of Section 13, T3N, R67W, of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Considering the South line of the NE 1/4 of said Section 14 as bearing S 90°00'00" W and with all bearings contained herein relative thereto. Page 1 of 4 Pages 2409804 B-1462 P-225 10/06/94 02:40P PG 1 OF 7 REC DOC Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00 Beginning at the Southeast corner of the NE 1/4 of said Section 14, thence S 90°00'00" W 46.00 feet to the SW corner of that parcel described as Parcel B at Film 1551 Reception No. 02339894 and recorded on 7/6/93 in the office of the Weld County Clerk and Recorder; Thence, along the West line of the said Parcel B,N 07°3612" W 252.62 feet; Thence N 85°27'13" E 57.25 feet; Thence S 04°32'47" E 151.96 feet,to a point on a curve concave to the northeast and having a radius of 50.00 feet; Thence along said curve through a central angle of 85°2126" an arc length of 74.49 feet and having a chord of S 47°13'30" E 67.79 feet; Thence S 89°54'13" E 39.23 feet; Thence S 00°05'47" W 15.00; Thence S 89°54'13" E 100.00 feet; Thence S 00°05'47" W 42.18 feet more or less to a point on the South line of the said NW 1/4 of Section 13; Thence S 90°00'00" W 178.59 feet to the POINT OF BEGINNING Containing 0.51 acres more or less, EXCEPTING 0.11 acres in the existing right-of-way of Weld County Road 32 1/2. PERMANENT EASEMENT PARCEL E-B FERME FARMS, A PARTNERSHIP FOR CENTRAL WELD WATER DISTRICT BRIDGE WEL 32.5/21B' Central Weld County Water District rights-of-way description over and across portions of the NE 1/4 of Section 14 and NW 1/4 of Section 13,T3N,R67W of the 6th P.M. in Weld County,Colorado, said right-of-way consists of a 30 foot wide permanent easement,the sidelines of which lie 15 feet each side of the following described centerline, the sidelines of which to be prolonged or foreshortened so as to result in a continuous easement through the angle points hereinafter described and also prolonged or foreshortened so as to terminate on the rights-of-way lines of Weld County Road 23. Considering the South line of the NE 1/4 of Section 14 as bearing N 90°00'00" W and with all bearings contained herein relative thereto; 2409804 B-1462 P-225 10/06/94 02:40P PG 2 OF 7 Page 2 of 4 Pages (EASEMENT B) Commencing at the Southwest corner of the NE 1/4 of said Section 13; Thence N 90°00'00" W 278.64 feet; Thence N 00°00'00" E 45.11 feet to the POINT OF BEGINNING; Thence N 81°03'15" W 98.89 feet; Thence N 81°22'22" W 101.12 feet; Thence N 89°54'13" W 74.94 feet to the POINT OF TERMINUS, said point also being on easterly right-of-way line of Weld County Road 23. The easement is for the purpose of relocating the water line at a future time. This Agreement is subject to the following conditions: 1. "Owner" shall furnish to "County" a Quit Claim Deed conveying Part of the NE 1/4 Section 14, and NW 1/4 of Section 13, T3N, R67W of the 6th P.M. as described in Parcel 2. 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. 6. Other conditions,terms or obligations: The Easement E-B is for the use of Central Weld Water Conservancy District in relocating their water line in the future. A sum of S800 will be tendered for convenience to the owner. The parties hereby incorporate into this Agreement these terms and conditions set forth in the attached Agreement of even date herewith. Page 3 of 4 Pages 2409804 B-1462 P-225 10/06/94 02:40P PG 3 OF 7 IN WITNESS HEREOF,the parties hereto have subscribed their names this cagil day of \ n l]/oJ . 1994 . ATTEST: WELD COUNTY COLORADO, BY AND THROUGH THE BOARD OF COUNTY 3Wes. COMMISSIONERS.1 )). "ti Chairman /0/03 94 Clerk to the Board ,— By: Df u" Y dt iii Deputy J Clerk THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" "Owner" accepts the above proposal this4 day of ,Jut/Pe» /1Oo' , 19 9 V By: ,4 4_0_,, _ .J, a-ci;I ft /1 WITNESS -rv. -P(.y fi)./ v�lur.uA Civil Engineer II Weld County 2409804 B-1462 P-225 10/06/94 02:40P PG 4 OF 7 Page 4 of 4 Pages 5b\i 1ST NUVVU 7 J-15-y4 +117'JAM 761V7L, UILLJ, V Mil L-• :1UJ &Al GU1J;M Z/ 4 AGREEMENT THIS AGREEMENT entered into this eatiS day of September, 1994 by Weld County, Colorado, a body politic and corporate organized and existing under the laws of the State of Colorado (the "County") and Forme Farms. a Colorado general partnership (Terme"). RECITALS 1. The County wishes to purchase from Forme the following described interests in real property, located in Weld County, Colorado, namely: (A) Tide to a parcel of land to enlarge the right-of-way of Weld County Road 32.5 ("Fee Parcel'); and (B) A permanent easement adlaoent to the Fee Parcel ("Easement Parcel"). 2. Forme is unable to confirm the exact location of the Fee Parcel and the Easement Parcel since (i) the legal description in the deed for the Fee Parcel differs from the legal description contained in a title insurance commitment of Homestead The Co. of Greeley dated October 6, 1993, and (ii) Forme does not have a survey showing the location or a legal description of the Fee Parcel or the Easement Parcel. 3. Ferme has been Informed that the County desires to use the Fee Parcel to widen the County Road 32.5 and to increase the height of the bridge at the intersection of County Road 32.5 and County Road 23. Femme has also been informed that the Easement Parcel is being requested by the County so that the County will be able, in the future (f necessary) to move a water brie of Central Weld County Water District, which water line lies partly within the Easement parcel. Forme 2409804 B-1462 P-225 10/06/94 02:40P PG 5 OF 7 SENT BY:MGOVG ; 9-15-94 ;11:15AM ;MOYE, GILES, O'KEEFE 303 560 6045;8 3/ 4 is aware that underlying this water line is a sewer line owned and maintained by the Town of Plattevile, Colorado. The activities of the County in widening the road and raising the bridge, as described above, may have an knpact on the certain real property or personal property owned by Central Weld County Water District and the Town of Platteville and that this work by the County may affect wetlands which are governed by the United States Corps of Engineers. 4. A fence now exists along the boundary line between the land owned by Forme and the land owned by the County, which fence is sufficient to hold livestock (cattle). Forme desires that a fence be erected during and after the construction of the road widening and the raising of the bridge along the boundary line between the land then owned by Forme and the land then owned by the County. NOW, THEREFORE, In consideration of the following mutual covenants, the parties agree as follows: 1. The County hereby warrants and represents to Forme that the Fee Parcel, to be conveyed from Forme to the County by the giitdarm deed attached hereto as Exhibit A, is represented by the area shaded in dark green and attached to this Agreement as Exhibit B. The County further warrants and represents that the Fee Parcel contains approximately 0.51 axes, excepting 0.11 acres and existing right-of- way of Weld County Road 325. 2. The County hereby agrees that it wW make best efforts to perform the road widening construction and the bridge raising work h a manner with will not result in any claims or Kabil ties being imposed upon Forme by Central Weld County 2 I 2409804 B-1462 P-225 10/06/94 02:40P PG 6 OF 7 Jt1V1 fly ANA)V LI ; tJ-Fa-y,i ;11-1tAM ;MOIL, GILLS, V ritttt— ciUd tObU 04 4/ 4 Water District. the Town of Platteville, Colorado or the United States Corps of Engineers. 3. The County agrees that at all times during widening of County Road 32.5 and the raising of the bridge, the boundary Tine between the Fee Parcel (following conveyance to the County) and the land owned by Femme shalt be fenced, at the sole expense of the County, with the same type and height of fencing that now exists on the boundary line between the land now owned by Femme and the Weld County Road 32.5 right-cif-way. The fence shall be sufficient to hold livestock (cattle). During the construction of the road and bridge a temporary fence may be erected by the County. Following such construction, a permanent fence wi be erected by the County. WELD COUNTY, COLORADO, a body politic and corporate By Pi* t L A19 ) 10203094 FERME FARMS, a Colorado General Partner, By i4te,.tir, 2409804 B-1462 P-225 10/06/94 02:40P PG 7 OF 7 Ffluva onrAa WCJ OS meow 3 3 A1t2 M2 UI3 QUITCLAIM DEED THIS DEED,Made this 2-S day of MUG-M Le(' , 19,1-between FERME FARMS, A PARTNERSHIP whose address is P.O. Box 368, Platteville, Colorado 80651 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 EIGHT HUNDRED TWENTY-EIGHT AND NO/100 DOLLARS ($828.00) 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. 2 FERME FARMS, A PARTNERSHIP FOR WELD COUNTY BRIDGE 32.5/21D LAND DESCRIPTION FOR RIGHT OF WAY A parcel of land situated in the NE 1/4 of Section 14 and in the NW 1/4 of Section 13, T3N,R67W, of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Considering the South line of the NE 1/4 of said Section 14 as bearing S 90°00'00" W and with all bearings contained herein relative thereto. Beginning at the Southeast corner of the NE 1/4 of said Section 14,thence S 90°00'00" W 46.00 feet to the SW corner of that parcel described as Parcel B at Film 1551 Reception No. 02339894 and recorded on 7/6/93 in the office of the Weld County Clerk and Recorder; Thence, along the West line of the said Parcel B,N 07°36'12" W 252.62 feet; Thence N 85°27'13" E 57.25 feet; Thence S 04°32'47" E 151.96 feet,to a point on a curve concave to the northeast and having a radius of 50.00 feet; PAGE 1 OF 2 PAGES 2420664 B-1473 P-490 12/29/94 03:53P PG 1 OF 2 REC DOC Weld County CO Clerk & Recorder 0.00 Thence along said curve through a central angle of 85°21'26" an arc length of 74.49 feet and having a chord of S 47°13'30" E 67.79 feet; Thence S 89°54'13" E 39.23 feet; Thence S 00°05'47" W 15.00; Thence S 89°54'13" E 100.00 feet; Thence S 00°05'47" W 42.18 feet more or less to a point on the South line of the said NW 1/4 of Section 13; Thence S 90°00'00" W 178.59 feet to the POINT OF BEGINNING Containing 0.51 acres more or less, EXCEPTING 0.11 acres in the existing right-of-way of Weld County Road 32 1/2. 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. WITNESS WHEREO , the GRANTOR,has hereunto set his hand andseal on this Z - day of I/ot1z,, �ae , 19!-� f"'vv-.a, Fvnii N (44 Ferme Farms, a Partnership N By: ' (1--efrrn in 6c'Nll t. •Lto� J 6-2 Dean Boedeker o STATE OF COLORADO ) ) SS rn COUNTY OF WELD ) The foregoing instrument was acknowledged before me this LS"day of i1/o v c ni he r , 19 99'by a, FERME FARMS, A PARTNERSHIP by DEAN BOEDEKER. rn M My commission expires , 19 . Witness my hand and r official seal. Q ••I;h ary Public d o •° y:' OVARY : PAGE 2 OF 2 PAGES ; N r` s PtBL\C:'• ° • nF C0� Hello