HomeMy WebLinkAbout901149.tiff 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 Ruby Grace Lowe, by and through her
attorney-in-fact Fae Kerbs, for the Sale and Purchase of Vacant
Land for Rights-of-Way and/or Easements for road realignment
right-of-way on 83rd Avenue, and
WHEREAS, said rights-of-way and/or easements being granted by
Ruby Grace Lowe, by and through her attorney-in-fact Fae Kerbs ,
are located in the SE} SEI , of Section 31 , Township 6 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 Ruby Grace Lowe, by and through
her attorney-in-fact Fae Kerbs, 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 any other
necessary documents pertaining to this Agreement.
901149
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Page 2
RE: AGREEMENT FOR PURCHASE OF VACANT LAND - LOWE
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 7th day of
November, A.D. , 1990.
1 '
, r BOARD F COUNTY COMMISSIONERS
ATTEST. " "' WEL OUNTY, COLORADO
i
o;4 ✓/ ,9'v ✓ a://,:.-..
Weld County Clerk to the Board
,ene R. Brantner, Chairman
BYE '�yy�i1�,�_e , � / George nnedy, Pro-rem
D puty Clerk to he Board `///�
APPR VED AS O FORM: Constance L-arb ��—`
C 7 _ C.W. Kirb
County Attorney
Gor a
901149
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS
THIS AGREEMENT, made and entered this / — day of
'`-r)(12-tm 60,k,2 , 19 (1 O , 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
Ruby Grace Lowe. by and through her attorney-in-fact Fae Kerbs
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:
That in consideration of the payment by County to Owner of
the sum of One Thousand Five Hundred
($ 1500 . 00 ) , in
cash, and other good and valuable consideration, Owner agrees to
sell to County and County agrees to purchase from Owner the
right-of-way and/or easements described in Exhibit (s) A&B
which is attached hereto and is incorporated herein by reference.
Any right-of-way described therein is hereinafter referred to as
"right-of-wav, " and any easement described therein is hereinafter
described as either "temporary easement" or "permanent easement. "
The agreement of sale and purchase of right-of-way and
N/A is subject to the following conditions:
1 . Owner shall furnish to County a Special Warranty Deed
conveying only the surface rights of right-of-way Aynq
N/A
Title insurance for said right-of-way need not be
provided by Owner.
2 . Title shall be merchantable in Seller, except as stated
in this paragraph and in paragraph 5 . Subject to
payment or tender as above provided and compliance by
County_ with the other terms and provisions hereof , Owner
shall execute and deliver a good and sufficient Special
Warranty Deed to County at a time and place agreed upon
by both parties , conveying the parcel free and clear of
all taxes , e::cept general taxes for 1990 , payable
January 1 , 1991 , free and clear of all liens for
Pace 1 of 5 Pages !ne ''• . t )
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
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
purpose of correcting said defect(s) . Except as stated
in paragraph 2, if title is not rendered merchantable as
provided in this paragraph 5 , at County' s option , this
contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder
and all payments and things of value received hereunder,
if any, shall be returned to County, provided that in
lieu of correcting such defect (s) , Owner may within said
thirty (30) days , obtain and pav for a commitment for
Owner' s title insurance policy in the amount of the
purchase price reflecting title insurance protection in
regard to such defects , and the County shall have the
option of accepting the then existing insured title in
lieu of such merchantable title .
6 . The Owner agrees to release County from all
consequential damages , except as otherwise set forth
herein in paragraph 8 and except damages caused by the
negligent or willful misconduct of the County or its
employees , present or perspective , to the remainder of
Owner' s property arising out of the construction,
operation, maintenance , or repair of the roadway to be
constructed thereon.
7 . Time is of the essence hereof. All notes or checks
received as earnest money hereunder, if any, or any
other payment due hereunder , if any, is not paid,
may( cl .Ir
Page 2 of 5 Pages
honored or tendered when due, or if any other obligation
hereunder is not performed as herein provided, here
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.
b. IF COUNTY IS IN DEFAULT
1 . Owner may elect to treat this contract as
terminated, in which all payments and things
of value received hereunder, if any, shall be
forfeited and retained on behalf of Owner and
Owner may recover such damages as may be
proper, or
2 . Owner may elect to treat this contract as
being in full force and effect and Owner shall
have the right to an action for specific
performance or damages , or both.
c . Anything to the contrary herein notwithstanding, in
the event of any litigation or rising out of this
contract, the Court may award to the prevailing
party all reasonable costs and expenses , including
attorneys fees
8 . Possession of the parcel for right-of-way shall be
delivered to the County upon closing and shall not be
subject to any leases or tenancies . Owner shall assume
all costs of compensating any tenants or lease holders
for any damages as a result of the taking of any
remainder.
9 . Owner represents and warrants as of the date hereof and
as of the date of the closing that neither the execution
of this contract nor the consummation of the transaction
provided for herein constitutes , or will result in, any
breach of any of the terms , conditions , or provisions ,
or constitute a default under , any indenture , charter,
by-law, mortgage , loan agreement, lien, lease , license,
1'
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:
IN WITNESS HEREOF , the parties hereto have subscribed their
names this 111.1 day of `1)(gAer ivit, , 19 9c% •
BOARD F COUNTY COMMISSIONERS
ATTEST:/ / WELD TY, COLO DO.
Weld County --
Clerk to the Bo d C airman
(-By- . ft- n
/ Deputy lerk
(Thefollowing section to be completed by Owner. )
Owner ai cepts the above proposal this // e/. day of
t"--��1ltoih� 1920
By: etF
, r
Page 4 of 5 Pages
SUBSCRIBED AND SWORN to before me this // _0[ day of
, 1920 .
WITNESS my hand and official seal.
My Commission Expires
November 29, 1993 `���� -0�p/
Notary public
My commission expires:
Owner accepts the above proposal this day of
, 19
By:
SUBSCRIBED AND SWORN to before me this day of
, 19
WITNESS my hand and official seal.
Notary Public
My commission expires:
Or 1
Page 5 of 5 Pages ."
EXHIBIT "A"
PROPERTY DESCRIPTION
A parcel of land being the West Thirty feet (W. 30' ) of the East
Sixty feet (E. 60' ) of the Southeast Quarter of the Southeast
Quarter (SE1/4 SE1/4) of Section Thirty-one". ( 31) , Township Six (6)
North, Range Sixty-six (66 ) West of the Sixth Principal Meridian
(6th P.M. ) , Weld County, Colorado.
It is the intent of this description that the Easterly line of the
aforesaid West 30 ' be coincident with the Westerly line of that
part of the parcel of land as described in the Quit Claim Deed
recorded October 1 , 1901 in Book 163 on Page 15 of the records of
the Weld County Clerk and Recorders as contained within the said
SE1/4 SE1/4 of Section 31 . ,
Said described parcel of land contains 0 .91 acres, more or less.
SURVEYOR'S CERTIFICATE
I , Charles B. Jones, a Colorado Registered Professional Land
Surveyor do hereby certify to:
Weld County
915 10th Street
Greeley, Colorado 80631
that these Two ( 2) property descriptions were prepared under my
personal supervision and that they are true and correct to the best
of my knowledge, information, belief , and in my professional
opinion.
RfG4/.
Charles B. Jones
Colorado Registered •r - Sri• .>;
Land Surveyor #22098 '; '•.• {.
Date: July 26 , 1990
Project Number: 1990-58
JONES - WIN--INGER Professional Surveyors , Inc.
713 4th Street Greeley , Colorado
( 303 ) 352-4700
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- fi AR2013631 B 1073 REC 02013631 06/17/85 14: 37 $6. 00 1/002
F 0654 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
---
POWER OF ATTORNEY a KNOW ALL MEN BY THESE PRESENTS, That I
RUBY GRACE
LOWS, of 1736. . Montview Road, Greeley, Colorado, reposing
K , special trust and confidence in my daughter, FAE R. KERBS,
of Greeley, Colorado, do hereby make, constitute and appoint
the said Fae R. Kerbs my true and lawful attorney, for me
in my name, place and stead:
1. To enter upon, and take possession of any
and all real and personal property which I may own, or in
which I may have an interest.
2. To rent, lease, mortgage, sell, assign,
transfer, convey or exchange any real property which I may
own or in which I may have an interest and in my name to
make, sign, acknowledge and deliver any lease, mortgage
or deed of trust covering any property which I may own
upon any terms and for any amounts within the sole and
absolute discretion of my said attorney.
3. To pledge, mortgage, sell, assign, exchange
and transfer any stocks and bonds and any personal prop-
erty that may belong to me and to execute and deliver a
good and sufficient assignment, bill of sale, mortgage or
-. other instrument necessary for the accomplishment thereof.
4 . To collect, endorse, deposit in my name and
for my account with any bank or banker any check, draft
or other instrument for the payment of money that may be
payable to my order or tome including but not limited to
checks and drafts drawn on the Treasurer of the United States,
the State of Colorado or any of their agencies, subdivisions,
institutions, or corporations or drawn upon any insurance
company or other corporation, and for that purpose to
sign my name and to endorse the same for deposit or collec-
tion and from time to time, and at any time, to withdraw
any and all money deposited with any bank or banker or other
depository now or hereafter having monies belonging to me
and for that purpose to draw checks or vouchers or re-
ceipts in my name.
5. To demand, receive, collect and sue for any
and all debts, claims or accounts receivable that may be
due or that may hereafter become due to me upon any account
6 whatsoever nature or kind and to make, execute and de-
4 "" , liver receipts therefor.
6. To collect and receive the rents, issues and
profits from any real estate which I may own or from any
other property which may belong to me.
7. To pay any and all taxes , charges and asses-
sments that may be levied or imposed upon any of my property.
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B 1073 REC 02013631 06/17/85 14: 37 $6.WE
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F 0655 MARY ANN FEUERSTEIN CLERK & RECORDER LD CO, CO
+. --- - -
8. To extend, renew, replace or increase any
mortgage or deed of trust now or hereafter affecting +any
of my property, real or personal, and for such purpose
to make, execute and deliver any note or notes and any
extensions or renewals thereof or any other instrument that
may be useful or necessary to accomplish any of the fore-
going purposes.
» - 9. To purchase insurance of any kind for the
protections of my property and to execute and file proofs
of loss thereunder and to make, execute and deliver re-
ceipts or releases or other discharges therefor.
10. Without in anywise limiting the foregoing,
generally to do, execute and perform any other act, deed,
matter or thing, whatsoever that ought to be done, exe-
cuted and performed, or that, in the opinion of my said
attorney ought to be done, executed or performed, in and
about the premises as fully and effectually as I could do
if personally present.
11. To grant permission for any surgery or med-
ical treatment deemed necessary or advisable by my physician
• or physicians, to make a decision as to whether life sus-
taining devices, procedures or medications should be used
to maintain my life in the event of my terminal illness.
12. This power of attorney shall not be affected -
by my physical or mental disability.
And I, Ruby Grace Lowe, hereby ratify and confirm all
that 'my attorney shall lawfully do by virtue hereof.
IN WITNESS WHEREOF, I, RUB ! GRACE LOWE, have here-
unto set my hand and seal this Ag/i-k day of November, 1976.
„..A_, c � c
Ruby race Lowe
STATE OF COLORADO)
,,... :. 8 ) ss.
�.� D , OF WELD )
p , o Th foregoing instrument was acknowledged before
� ,A,e•tahis 43/c1_day of November, 1976, by Ruby Grace Lowe,
;;S-15i r:frEe and voluntary act and deed for the uses and pur-
4;\ Pp ae rein set forth.
_ � .
i,'7 •.... .••' r,
f 0"o- WITNESS my hand and official seal.
`..w......,. • ..
My commission expires: • 9.,/77
r, (---;)
Notary Public
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