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HomeMy WebLinkAbout921217.tiff AR2317b1d AE2311507 RESOLUTION RE: APPROVE AGREEMENT FOR DONATION OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS, ACCEPT QUIT CLAIM DEED, AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested O au with the authority of administering the affairs of Weld County, Colorado, and 0 O WHEREAS, the Board has been presented with an Agreement for Donation of U Real Estate Including Land and all Improvements and a Quit Claim Deed, both Q a documents being between Robert L. and Etta J. Hays and the County of Weld, by and 00 3 through the Board of County Commissioners of Weld County, Colorado, with the terms and conditions being as stated in said agreement, and R. *A- w WHEREAS, after review, the Board deems it advisable to approve said o• agreement, as well as accept said Quit Claim Deed, copies of which are attached wo hereto and incorporated herein by reference. 0 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Donation of Real Estate Including Land w and all Improvements, as well as the Quit Claim Deed between Robert L. and Etta en a J. Hays and the County of Weld be, and hereby are, approved. o+ w 2 BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, • W authorized to sign said agreement. CD E 0 a The above and foregoing Resolution was, on motion duly made and seconded, r • adopted by the following vote on the 30th day of December, A.D. , 1992. ow n w rn 'rn n Z ATTEST: / / BOARD OF COUNTY COMMISSIONERS N <. A0,44/f l 0 I� WELD CO NTY, COLORADO w Weld County Clerk/ to the Board a o a Ke edy, Chairman 0o I-- /f ' r en ko Deputy Cle to the Board.--1_\ Constance L. Harbert, Pro-Tem g W APPROVED AS T FORM: 7/ C. W. Kir:y County Attorney Gor , . La y rikW. H/ Webster B 1366 REC 02317812 01/11/93 15 : 27 $0 .00 1/004 F 1660 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 921217 CPu2PceCx� Danf)OO fc ; H*'./3 14-s, YR ARe117813 QUIT CLAIM DIED THIS DEED, made this 2y72 day of pe,vwbet— , 19 9' L , between Robert L. Hays and Etta J. Hays, of the first part, and the County of Weld, a political subdivision of the State of Colorado, 915 10th 0 o Street, Greeley, CO, 80631, of the second part, N WITNESSETH, That the said party of the first part has remised, o released, sold, conveyed and QUIT CLAIMED, and by these presents Q does remise, release, sell, convey and QUIT CLAIM unto the said o w party of the second part, its heirs, successors and assigns, o forever, all the right, title, interest, claim and demand which the 69- w said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: U 1/40 a All of the property described in the attached "Exhibit A, including any and all improvements located thereon. " a TO HAVE AND TO HOLD together with all and singular the u appurtenances and privileges thereunto belonging or in anywise cy' thereunto appertaining, and all the estate, right, title, interest wz and claim whatsoever, of the said party of the first part, either w in law or equity, to the only proper use, benefit and behoof of the 'I F said party of the second part, heirs and assigns forever. ocn a o w IN WITNESS WHEREOF, The said party of the first part has a w hereunto set its hand and seal the day and year first above written. z Mz zRobert L. Hays co 1/40 1/40 44 1/40 Cr)'~ o Etta Hay PIw STATE OF COLORADO ) SS . County of Bwld• The foregoing instrument was acknowledged before me this c91/4t1 day of ,)Q(PDurrj1Dy , 19 qm , by Robert L. Hays and Etta J. Hays . Witness my hand and official seal this A.L.I day of '.: A.D. , 19ga c,x 10 Commission Expires 08/12/96 �NI QADJaC)-- e W W z A0403 West Colfax Avenue •.. l;Aswood, Colorado 80215 My commission expires : quitchay.db B 1366 REC 02317813 01/11/93 15 : 28 $0 .00 1/002 F 1664 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO.. y rte..,.... �j AGREEMENT FOR DONATION OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS THIS AGREEMENT, made at Greeley, Colorado this ,-3/)±1-1 day of December, 1992, by and between Robert L. Hays and Etta J. Hays, f, 8 hereinafter referred to as "First Party, " and the County of Weld, a body politic and corporate of the State of Colorado, by and No through the Board of County Commissioners of Weld County, Colorado, • hereinafter referred to as "Second Party. " n o W WITNESSETH: o o a In consideration of the mutual promises and covenants 69- o contained herein, First Party agrees to donate to Second Party all p of the real property and any and all improvements located thereon U• as described in the attached Exhibit "A" . Lo a no The agreement for the donation of said property is subject to x the following conditions : en a 1 . The real property described in the attached Exhibit "A" u is property upon which is located a portion of Weld z County Road 51 . Said property is necessary for the completion of title for Second Party' s interest in said Weld County Road 51 . The donation of said property is o accomplished in lieu of condemnation. The parties agree a that no compensation shall be paid by Second Party for o w the receipt of title to the property described in the rn attached Exhibit "A" , but the parties agree that the • z approximate value of said property is $1, 114 . 00 . 0 2 . First Party shall furnish to Second Party a quit claim • a deed for the property described in Exhibit "A" . Neither • z party shall be required to purchase title insurance for co m the property described in Exhibit "A" . 1/40 tft MtO 3 . General taxes on the property described in Exhibit "A" w w for the year 1992, if any, shall be apportioned to the date of delivery of the deed, based upon the most recent levy and the most recent assessment. 4 . The date of exchange of the property described in Exhibit "B" shall be the date of delivery of the Deed. The hour and place of closing shall be agreed to by each party. 5 . Possession of the property described in Exhibit "A" shall be delivered to the respective new owner upon closing and shall not be subject to any leases or tenancies . 6 . The parties hereto represent and warrant as of the date hereof and as of the date of the closing that neither the execution of this agreement nor the consummation of the transaction provided for herein constitutes, or will B 1366 REC 02317812 01/11/93 15 : 27 $0 . 00 2/004 F 1661 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 921217 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, judgment, decree, order, instrument, or other a v verbal or written agreement to which First Party is a party of or is subject to, or to which the property is m subject, except as may be provided for herein. 7 . All of the conditions stated herein shall be in full w force and effect, notwithstanding the conveyance of said c parcel by quit claim deed, and shall not merge with said w quit claim deed. a IN WITNESS WHEREOF, the parties hereto have subscribed their o names this AA day of December, 1992 . Lo FIRST PARTY: 0 a Robert L. Hays H W w S BSCRIBED AND SWORN to before me this .4 }aay of SLO�emn �► 9F� , 19ga r a Iw,r, WITNESS my hand and official seal . N a' A U\D1&L4 Q 1 O Notary Public 015 10th St. , Creel eyt�C4�SD631—T u My commission expires : m rn cfl r-Io My Commission Expires: 08/12/96 Etta J. Hays m w 10403 West Colfax Avenue Lakewood,Colorado 80215 • `• SUBSCRIBED AND SWORN to before me this a y INdav ef. c 1i�L�OJr1 � , 19 4a WITNESS my hand and official seal . My Commission Expiret 08/12/96 10403 West Colfax Avenue Notary Public Lakewood,Colorado 80215 • �' • , My commission expires : B 1366 REC 02317812 01/11/93 15:27 $0 . 00 3/004 •-te F 1662 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1( .- �; °.° /n , ATTEST: , 4Y /� SECOND PARTY: Weld County Clerk to the Board Weld County, Colorado, by and through the Board of County Commissioners of 1/4O o L2:1 Weld County OU o �,BY: BY. U Deputy Clerk to the Board\ eorge Ke nedy, Chairman /5//93 A ow O3 o P4 to w a O U donathay.gjb O .. w rx w Ma o U z B 1366 REC 02317812 01/11/93 15: 27 $0 . 00 4/004 ▪ W F 1663 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO E o cn w o D ow tnW rn � z cnz 0 O U a w 4 xZ co 0 1.D la M � • w EXHIBIT "A" Part of the northwest 1/4 of the northwest 1/4 of Section 5, 0 o Township 10 North, Range 64 West of the 6th P.M. , Weld County, Colorado, commencing at the northwest corner of said Section 5, c o thence north 89° 47 ' 20" east, 119 feet, thence south 00° 00 ' 00" U east 275 feet to the true point of beginning; thence south 00° 00 ' A 00" east 482 . 14 feet, thence north 90° 00 ' 00" west 65 . 50 feet, ow thence north 00° 00 ' 00" west 482 . 14 feet, thence south 90° 00 ' 00" east 65 . 50 feet to the true point of beginning. Said parcel c w contains 0 . 73 acres, more or less . 0 0 U wa 0 w M o+ N H B 1366 REC 02317813 01/11/93 15: 28 $0 . 00 2/002 F 1665 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 0 U) W t� D Ow in [r+ rn z Mz N y' Ua < C4 X CO N 1/40 l0 M 1/40 N O CO Cu J;c)_....:A'7 AR2322972 CORRECTED AGREEMENT FOR DONATION OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS THI�� ED EC AGREEMENT, made at Greeley, Colorado this )Aar day of 9r 93, by and between Robert L. Hays and Etta J. Hays, hereinafter referred to as "First Party, " and the County of Weld, a body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "Second Party. " WITNESSETH: In consideration of the mutual promises and covenants contained herein, First Party agrees to donate to Second Party all of the real property and any and all improvements located thereon as described in the attached Exhibit "A" . The agreement for the donation of said property is subject to the following conditions : 1 . The real property described in the attached Exhibit "A" is property upon which is located a portion of Weld County Road 51 . Said property is necessary for the completion of title for Second Party's interest in said Weld County Road 51 . The donation of said property is accomplished in lieu of condemnation. The parties agree that no compensation shall be paid by Second Party for the receipt of title to the property described in the attached Exhibit "A" , but the parties agree that the approximate value of said property is $1, 114 . 00 . 2 . First Party shall furnish to Second Party a quit claim deed for the property described in Exhibit "A" . Neither party shall be required to purchase title insurance for the property described in Exhibit "A" . 3 . General taxes on the property described in Exhibit "A" for the year 1992, if any, shall be apportioned to the date of delivery of the deed, based upon the most recent levy and the most recent assessment. 4 . The date of exchange of the property described in Exhibit "B" shall be the date of delivery of the Deed. The hour and place of closing shall be agreed to by each party. 5 . Possession of the property described in Exhibit "A" shall be delivered to the respective new owner upon closing and shall not be subject to any leases or tenancies . 6 . The parties hereto represent and warrant as of the date hereof and as of the date of the closing that neither the execution of this agreement nor the consummation of the transaction provided for herein constitutes, or will B 1371 REC 02322972 02/24/93 15 :49 $0 .00 1/00432e -17 F 1696 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 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, judgment, decree, order, instrument, or other verbal or written agreement to which First Party is a party of or is subject to, or to which the property is subject, except as may be provided for herein. 7 . All of the conditions stated herein shall be in full force and effect, notwithstanding the conveyance of said parcel by quit claim deed, and shall not merge with said quit claim deed. 8 . This Corrected Agreement is necessary to correct the erroneous legal description in Exhibit "A" attached to the Agreement for Donation of Real Estate Including Land and All Improvements, recorded in Book 1366, Reception Number 02317812 in the Office of the Weld County Clerk and Recorder. IN WITNESS OF, the parties hereto have subscribed their names this day of December, 1992 . FIRST PARTY: if Robert L. Hays C ,Y 1BSCRIBED AND SWORN to before me this I day of 0 WITNESS my ha and official seal . ) 0A ,,-L.P"-) Notary Public My commission expires: MI OMIlbsbe Expires: 11/W19oi L West Colfax Avenue Etta J. Hays lebwooxl CO 80215 _ SUBSCRIBED AND SWORN to before me this day of -ALA , 19 . WITNESShand and official seal . �' J Notary Public `Cc n= .� SIIS3Y ino y commission expires : A<j ,,.�I trpl►eS' 10403 II/29/I995 (fleeted, CO 880021 eeee u i'7 B 1371 REC 02322972 02/24/93 15 :49 $0 . 00 2/004 F 1697 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ATTEST: SECOND PARTY: Weld County Clerk to the Board Weld County, Colorado, by rN ; and through the Board of County Commissioners of Weld unty BY: te v9721N1 BY: Deputy Cler to the Board onstance Harbert Chairman donathay.gjb B 1371 REC 02322972 02/24/93 15 :49 $0 .00 3/004 F 1698 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2_ 2292 3 CORRECTION Q1JIT CLAIM DEED THIS DEED, made this 1n day of F. / c�r v 9 ` t , 19 J 3 , between c u Robert L. Hays and Etta J. Hays, of the first part, and the County o of Weld, a political subdivision of the State of Colorado, 915 10th p Street, Greeley, CO, 80631, of the second part, U WITNESSETH, That the said party of the first part has remised, ow• released, sold, conveyed and QUIT CLAIMED, and by these presents o does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, a forever, all the right, title, interest, claim and demand which the p said party of the first part has in and to the following described U lots or parcels of land situate, lying and being in the County of rn W Weld and State of Colorado, to wit: .. w All of the property described in the attached "Exhibit A, " w including any and all improvements located thereon. Ma U This Correction Quit Claim Deed is necessary to correct the ' z erroneous legal description in "Exhibit A" attached to the Quit H Claim Deed recorded at Book 1366, Reception Number 02317813 in the o E" Office of the Weld County Clerk and Recorder. m TO HAVE AND TO HOLD together with all and singular the rn w appurtenances and privileges thereunto belonging or in anywise z thereunto appertaining, and all the estate, right, title, interest N z and claim whatsoever, of the said party of the first part, either o z in law or equity, to the only proper use, benefit and behoof of the • said party of the second part, heirs and assigns forever. w � • Z IN WITNESS WHEREOF, The said party of the first part has r+ o hereunto set its hand and seal the day and year first above en N written. 1-1 Robert L. Hays E� J Hays STATE OF COLORADO ) ss. _ .. County of Jefferson ) The foregoing instrument was acknowledged before me this day of , 19 q ' , by Robert L. Hays and Etta J. Hays . Witne s my hand and official seal this 1c day of c_Izu�0J A.D. , 19gL AA LP My CernmIsslen My commission expires : 10409 & l�/1995 Avenue ""' •,,, Lakewood,CO 80215 quitchay.db • -. C EXHIBIT "A" Part of the northwest 1/4 of the northwest 1/4 of Section 5, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, commencing at the northwest corner of said Section 5, thence north 89° 47 ' 20" east, 119 feet, thence south 00° 00 ' 00" east 275 feet to the true point of beginning; thence south 00° 00 ' 00" east 482 . 14 feet, thence north 90° 00 ' 00" west 65 . 50 feet, thence north 00° 00 ' 00" west 482 . 14 feet, thence south 90° 00 ' 00" east 65 .50 feet to the true point of beginning. Said parcel contains 0 . 73 acres, more or less. B 1371 REC 02322972 02/24/93 15 :49 $0.00 4/004 F 1699 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 92-A :2,17 Hello