HomeMy WebLinkAbout901194.tiff AP2235342
RESOLUTION
RE: APPROVE AGREEMENT FOR SALE. AND PURCHASE OF VACANT LAND FOR
RIGHTS-OF-WAY AND/OR EASEMENTS AND AUTHORIZE CHAIRMAN TO SIGN
NECESSARY DOCUMENTS
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
between Weld County and Virginia G. Shelton for the Sale and
Purchase of Vacant Land for Rights-of-Way and/or Easements for
construction on along 83rd Avenue, and
WHEREAS, said rights-of-way and temporary construction
easements being granted by Virginia G. Shelton are located in part
of Lot 2 O£ the NEi of Section 6 , Township 5 North, Range 66 West
of the 6th P.M. , Weld County, Colorado, and
WHEREAS, the terms and conditions are as stated in said
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement for the
Sale and Purchase of Vacant Land for Rights-of-Way and/or
Easements between Weld County and Virginia G. Shelton be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement and other necessary
documents.
B 1284 REC 02235342 12/07/90 11: 37 X0. 00 1/011
F 1108 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
901194
Page 2
RE: AGREEMENT - SHELTON
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 28th day of
November, A.D. , 1990 .
47,12/M44
BOARD F COiJNTY COMMISSIONERS
ATTEST: WELD UNTY, COI DO
Weld County Clere Board
//-� ��/// �/ �yy Gene R. Brant er, Chairman
BY: �?YU �a A / /
e ge Ke nedy, Pro-Te
Deputy 4erk to the Board
APPROVED AS TO FORM: onstance L. a er
nt-cy
C.W Kirby
dfi
County Attorney
Go
B 1284 REC 02235342 12/07/90 11: 37 X0. 00 2/011
F 1109 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
901194
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS
THIS AGREEMENT, made and entered this qW day of
CIv.P , 19 gn , 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
Virginia G. Shelton
hereinafter referred to as "Owner. " ,
WHEREAS, County wishes to purchase from Owner certain lands
described below for the purpose of providing County with a right-
of-way, and
WHEREAS, Owner wishes to sell to County the land for right-
of-way for the consideration below mentioned.
WITNESSETH:
ri O
U
o That in consideration of the payment by County to Owner of
on O the sum of Two Hundred Dollars and No/Cents
($ 200. 00 ) , in
A cash, and other good and valuable consideration, Owner agrees to
ow a
0 3 sell to County and County agrees to purchase from Owner the
• right-of-way and/or easements described in Exhibit (s) A&B
o a A which is attached hereto and is incorporated herein by reference.
A
Any right-of-way described therein is hereinafter referred to as
o "right-of-way, " and any easement described therein is hereinafter
w described as either "temporary easement" or "permanent easement. "
r- c4
▪ w The agreement of sale and purchase of right-of-wav and
�+ ax N/A is subject to the following conditions:
x
o a 1 . Owner shall furnish to County a Special Warranty Deed
cn
v conveying only the surface rights of right-of-way tylp/
r 2 N/A
O H
---
c%1 H
U]
w Title insurance for said right-of-way need not be
o, o provided by Owner.
✓ w
rn W
M z 2 . Title shall be merchantable in Seller, except as stated
in this paragraph and in paragraph 5 . Subject to
o payment or tender as above provided and compliance by
a County with the other terms and provisions hereof, Owner
a shall execute and deliver a good and sufficient Special
Warranty Deed to County at a time and place agreed upon
o
co ri by both parties , conveying the parcel free and clear of
all taxes , except general taxes for 1990 , payable
January 1 , 1991 , free and clear of all liens for
• G.
Set
Page 1 of 5 Pages "`
special improvements installed as of the date of the
County' s signature hereon; whether assessed or not; free
and clear of all liens and encumbrances , and except the
recorded and/or apparent easements , and subject to
building and zoning regulations and reserving all
mineral rights to the Owner.
3 . General taxes for the year 1990 shall be
apportioned to the date of delivery of the Deed based on
the most recent levy and the most recent assessment.
4 . The date of closing shall be the date of delivery of
said Deed' and the receipt of payment by Owner.
5 . Except as stated in paragraph 2 and this paragraph, and
if title is not merchantable and written notice of
defect (s) is given by County or County' s agent to Owner
or Owner' s agent on or before date of closing, Owner
shall use reasonable effort to correct said defect (s)
prior to date of closing. If Seller is unable to
correct said defect (s) on or before date of closing, at
� oo Owner' s option and upon written notice to County or
County' s agent on or before date of closing, the date of
closing shall be extended thirty (30) days for the
o
purpose of correcting said defect (s) . Except as stated
a in paragraph 2 , if title is not rendered merchantable as
o provided in this paragraph 5 , at County' s option, this
o a contract shall be void and of no effect and each party
h w hereto shall be released from all obligations hereunder
2 and all payments and things of value received hereunder,
o if any, shall be returned to County, provided that in
a lieu of correcting such defect (s) , Owner may within said
M thirty (30) days , obtain and pav for a commitment for
Owner' s title insurance policy in the amount of the
a purchase price reflecting title insurance protection in
o a regard to such defects , and the County shall have the
rn v option of accepting the then existing insured title in
i z lieu of such merchantable title.
O N
N El 6 . The Owner agrees to release County from all
w consequential damages , except as otherwise set forth
N 5 herein in paragraph 8 and except damages caused by the
M w negligent or willful misconduct of the County or its
�`^, z emplavees , present or perspective , to the remainder of
Owner ' s propertv arising out of the construction,
N
o eperaticn , maintenance , or repair of the roadway to be
v z constructed thereon.
a �
7 . Time is of the essence hereof. All notes or checks
w received as earnest money hereunder , if any, or any
N rl
.y , other payment due hereunder , if any , is not paid ,
asw Or 3.l e:
Page 2 of 5 Pages
honored or tendered when due, or if any other obligation
hereunder is not performed as herein provided, there
shall be the following remedies:
a. IF OWNER IS IN DEFAULT
1 . County may elect to treat this contract as
terminated, in which case all payments and
things of value received hereunder, if any,
shall be returned to County and County may
recover such damages as may be proper, or
2 . County may elect to treat this contract as
being in full force and effect, and County
shall have the right to an action for specific
performance or damages, or both.
0
U b. IF COUNTY IS IN DEFAULT
0 1 . Owner may elect to treat this contract as
o terminated, in which all payments and things
of value received hereunder, if any, shall be
a
o w forfeited and retained on behalf of Owner and
o Owner may recover such damages as may be
o a4 proper, or
„w
O
x 2 . Owner may elect to treat this contract as
wbeing in full force and effect and Owner shall
r w have the right to an action for specific
performance or damages , or both.
~ c. Anything to the contrary herein notwithstanding, in
o a the event of any litigation or rising out of this
cr‘ contract, the Court may award to the prevailing
r z party all reasonable costs and expenses / including
w attorneys fees
NE
a 8 . Possession of the parcel for right-of-way shall be
:v ] delivered to the County upon closing and shall not be
d w subject to any leases or tenancies . Owner shall assume
M W
M z all costs of compensating any tenants or lease holders
cv z for any damages as a result of the taking of any
o remainder.
ci rig
Owner represents and warrants as of the date hereof and
a as of the date of the closing that neither the execution
•zrN of this contract nor the consummation of the transaction
ro H provided for herein constitutes , or will result in , any
breach of any of the terms , conditions , or provisions,
POW or constitute a default under, any indenture , charter,
by-law, mortgage , loan agreement, lien, lease , license,
SAC
:'2
Page 3 of 5 Pages "
judgment, decree, order, instrument or other verbal or
written agreement to which Owner is a party of or is
subject to or to which the property is subject, except
as provided herein.
10. It is agreed that County has authority pursuant to State
statute to condemn right-of-way for the construction of
a public road and this proposal is made in lieu of
exercise of this power of condemnation.
11 . 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.
12 . 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, that only when the same has been approved by
the Board of County Commissioners of the County of Weld,
on behalf of Weld County, Colorado.
13 . Other: The County will replace the wood rail fence which
runs along 83rd Avenue as shown in Exhibit "B" . The new
fence will have posts on 8 foot centers and be constructed
as indicated in the Exhibit "C" fence diagram. The old
fence will be removed by the County and stacked on the
Owners property for their use. •
IN WITNESS HEREOF, the parties hereto have subscribed their
names this z - day of -r)n tei,,b,, , 19 qQ .
!' ! , / • BOARD OF COUNTY COMMISSIONERS
ATTESTq WELD NTY, COLORADO.
We'4 C un y
a` Et!EJc, to the Board Chairman
1,./ �d.
- Deputy "Clerk Clerk __,--
(The following section to be completed by Owner. )
Owner cepts the above proposal this day of
, 19 qG •
By: (1 tj yar-a—
B 1284 REC 02235342 12/07/90 11: 37 X0. 00 6/011
F 1113 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 4 of 5 Pages �� . * "'
SUBSCRIBED AND S1,RN to before me this Mi day of 4/1/44
, 19ty
WITNESS my hand and official seal.
� M
Notary Public
My commission expires:
a,'"" Owner accepts the above proposal this day of
`;� �':: , 19
By:
PUS
''•,°raTF••�FtSU cBSCRIBED AND SWORN to before me this day of
"i„''''. , , 19
WITNESS my hand and official seal.
Notary Public
My commission expires :
B 1114 REC 02235342 12/07/90 11:37 50.00 7/011
F 1114 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 5 of 5 Pages cAr 4 11.m
EXHIBIT "A"
PROPERTY DESCRIPTION
•
A parcel of land being part of Lot Two ( 2) of the Northeast Quarter
(NE1/4) of Section Six ( 6) , Township Five (5) North, Range Sixty-
six (66) West of the Sixth Principal Meridian (6th P.M. ) , Weld
County, Colorado and being more particularly described as follows:
BEGINNING at the Northeast Corner (NE Cor) of said Section 6 Lad
assuming the East line of said NE1/4 as bearing South 03°55'40" West
with all other bearings contained herein relative thereto:
THENCE South 03°55'40" West along said East line, 600 .00 feet;
THENCE leaving said East line, North 86°04'20" West, 30.00 feet;
THENCE North 01°01'18" East, 591 .71 feet to a point on the North
line of said Lot 2 of the NE1/4 ; °
THENCE North 85°20'50" East along said North line, 60.68 feet to
the POINT OF BEGINNING.
Said described parcel of land contains in total 26 , 864 .20 Square
Feet or 0.617 Acres , more or less (±) . The Easterly Thirty feet
(30' ) of said parcel of land is existing Weld County Road right-
of-way (W.C.R. #27 or 83rd Avenue) consisting of 17 ,932. 10 Square
Feet or 0 . 412 Acres , more or less (±) of the aforesaid total or a
net of 8 ,932 .10 Square Feet or 0. 205 Acres , more or less (±) .
SURVEYOR'S CERTIFICATD
I , Charles B. Jones , a Colorado Registered Professional Land
Surveyor do hereby certify to:
Weld County
915 10th Street
Greeley, Colorado 80631
that this property description was prepared under my personal
supervision and that it is true and correct to the best of my
knowledge, information, belief , and in my professional opinion.
\9` �-
Charles B. Jones
:e � tifo
:r 9� /S //99e,Colorado Registered oi�`s�s gAlo 'C' �_ /�/
Land Surveyor #22098 e 4,• !�
^ �
/ThIL LAS
Date : August 15 , 1990
Project Number: 1990-58
JONES - WININCER Professional Surveyors , Inc.
713 4th Street Greeley, Colorado
( 303 ) 352-4700 9e,
B 1284 REC 02235342 12/07/90 11: 37 , 0. 00 8/011
F 1115 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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B 1284 REC 02235342 12/07/90 11: 37 X0. 00 9/011
F 1116 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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