HomeMy WebLinkAbout920296.tiff AR22snert
RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE BETWEEN WELD
COUNTY, COLORADO, AND RAMON A. AND OLGA F. SALAZAR 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 1.21 W
with the authority of administering the affairs of Weld County, Colorado, and O1-4
da W
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WHEREAS, the Board has been presented with an Agreement for Sale and W w
Purchase of Real Estate between Weld County, Colorado, and Ramon A. and Olga F. zy
Salazar, with the terms and conditions being as stated in said agreement, and n
WHEREAS, after review, the Board deems it advisable to approve said y. N
agreement, a copy of which is attached hereto and incorporated herein by z
reference. tml
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld M
County, Colorado, that the Agreement for Sale and Purchase of Real Estate between w
Weld County, Colorado, and Ramon A. and Olga F. Salazar be, and hereby is, ,en
approved. H o
7. W
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, n 1/40
authorized to sign said agreement. ti N
to
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The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 30th day of March, A.D. , 1992. a'
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/ teL BOARD OF COUNTY COMMISSIONERS
ATTEST: ��I -" i GG WELD COUNTY, COLORADO 0
Weld County Clerk to the Board Cr)
0
Geor Kennedy, Chairman o
t4
BY: ° �Y""�" �� �GG�� a
Deputy. C to the Board Constance L. Harbert, Pro-Tem
O
APPROVED AS T ORM: 0
C. W. Kir O rn
County Attorney Gor a y
W. H. Webster
920296
AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
THIS AGREEMENT, made at Greeley, Colorado, this OD day
of .J l01_01i , 1992 , is by and between Weld County, Colorado, „ td
a body corporate and politic of the State of Colorado, by and o
through the Board of County Commissioners of Weld County, Colorado, 2 w
whose address is 915 10th Street, Greeley, Colorado 80631, LO
hereinafter referred to as "Weld County, " and Ramon A. and Olga F.
Salazar, whose address is 1799 49th Street, Greeley, Colorado
80634, hereinafter referred to as "Salazars . " n
WITNESSETH: z ts:
zm
WHEREAS, the Salazars currently own property which is N
necessary for the construction of road improvements by Weld County, Coo
and
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WHEREAS, the Salazars are willing to sell and Weld County is m �
willing to purchase said property, and H
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WHEREAS, said sale and purchase of the property will aid in p1/4:.>
the construction of said road improvements and will thereby benefit z
the health, safety, and welfare of the inhabitants of Weld County,
Colorado. a+ :.
ds
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein the Salazars agree to sell and Weld o
County agrees to purchase the property described in the attached o
"Exhibit A, " according to the following terms : ti3
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A. The Salazars agree to transfer said property to Weld tl c
County by Quit Claim Deed for the sum of $260 . 00 . d
B. Weld County agrees to pay the Salazars the sum of $511. 70 p ,,,
in addition to the sum stated in Paragraph A. , above, for - o
the relocation and replacement by the Salazars of 238 no
lineal feet of fence from the old Brantner Road alignment Cm
to the new Brantner Road alignment. The sum of $511 . 70
shall be the entire sum paid by Weld County for said
relocation and replacement by the Salazars, including,
but not limited to, the total cost of materials and
labor.
Page 1 of 4 Pages
920296
The Agreement for the Exchange of the Real Properties as set
forth above, is subject to the following conditions :
1 . The Salazars agree to pay all property taxes on the
properties described in the attached Exhibit A for the
years prior to January 1, 1992, and to pay an
apportionment of the taxes for the year 1992 to the date � W
of delivery of the deed, based upon the most recent levy w
and the most recent assessment. -J w
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2 . The property described in the attached Exhibit A shall be
free and clear of all liens for special improvements x n
installed as of the date of the parties ' signatures k G
hereon, whether assessed or not; free and clear of all z t.)
liens and encumbrances and except the recorded and/or z co
apparent easements; subject to all applicable building .� r
and zoning regulations; and shall exclude all minerals . c 1/40
1/40
Title for the property shall be merchantable in the owner en
prior to the date of transfer. C>
3 . The date of sale of the property described in the H
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attached Exhibit A shall be the date of the delivery of z
the deed. The hour and place of closing shall be agreed r N
to by each party. t�
4 . Possession of the property described in Exhibit A shall
be delivered to Weld County upon closing and shall not be
subject to any leases or tenancies .
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5 . The Salazars represent and warrant as of the date hereof z
and as of the date of the closing contemplated herein ts7 fn
that neither the execution of this Agreement nor the a
consummation of the transaction provided for herein E o
constitutes, nor will it result in, any breach of any of r
the terms, conditions, or provisions, or constitute a
default under any indenture, charter, by-law, mortgage, n
loan agreement, lien, lease, license, judgment, decree, o C
order, instrument, or other verbal or written agreement
to which the Salazars are a party of or are subject to, o m
or to which the property is subject to, except as
provided herein.
Page 2 of 4 Pages
92O296
6 . All of the conditions stated herein shall be in full
force and affect, notwithstanding the conveyance of the
property by Quit Claim Deed, and shall not merge with
said Quit Claim Deed.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names this SA day of LiTINt(+,/v , 1992 . p w
/ J� 1 WELD COUNTY, COLORADO, BY AND '"
ATTEST: •_/./ / �G�� THROUGH THE BOARD OF COUNTY so re
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Y� COMMISSIONERS OF WELD COUNTY, ,,o
Clerk to the Board COLORADO WO
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By: c�By: 4 m4
Sd / &rd eorg Kennedy, Chai i
SIGNED this Y day of -.4/10',4„.04_ 1992 . y
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t Ramon 7 °c CrTJ N
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SUBSCRIBED AND SWORN to before me this L219tie, day of XF'
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, 1992 . o
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E$5rmy hand and official seal . E o
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Notary Pic �
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My commission expires : a/ 7ne
Page 3 of 4 Pages
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SIGNED this 626/t4., day of 799,a 4,A____ 1992 .
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0 a F. Sa azar -4 w
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SUBSCRIBED AND SWORN to before me this /2 4/a day of X00
1992 . z N
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'.•W3TZSS, my hand and official seal. c
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My commission expires : &Pi 9cl
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Page 4 of 4 Pages
92629`;
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AR2285a93 B 1: REC 02285193 04/21/92 :14 $0. 00 1/002
F 09u2 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
QUIT C:I..1k:Elvl I3IIID
THIS Made this k
fob
TH S DEED, day of fLprl ,
1992, between RAMON A. SALAZAR and OLGA F. SALAZAR of the
first part, and the County of Weld, a body corporate and politic of
the State of Colorado, of the second part,
WITNESSETH, That the said party of the first part, for and in
consideration of the sum of Two Hundred Sixty and No/100 (260 . 00)
DOLLARS, to the said party of the first part in hand paid by the
said party of the second part, the receipt whereof is hereby
confessed and acknowledged, has remised, released, sold, conveyed
and QUIT CLAIMED, and by these presents does remise, release,
sell,convey and QUIT CLAIM unto the said party of the second part,
its heirs, successors and assigns, forever, all the right, title,
interest, claim and demand which the 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:
All of the real property and any improvements thereon as
described in the attached Exhibit "A" .
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 party of the first part, either
in law or equity, to the only proper use, benefit and behoof of the
said party of the second part, heirs and assigns forever.
IN WITNESS WHEREOF, The said party of the first part has
hereunto set its hand and seal the ay and year first above
written.
RAMMOON A. ALA ZAR��
OLGA/1-1; S L112111
•.,..STATE OF COLORADO )
5
.°-Cohlnty .of Weld ) ss .
ti: ,,clARy .
€dregoing in trument was acknowledged before me this
day of 19
` oMyi`commission expires : c.4/q/9 /
4 fitness my hand and official seal this 1n Q day of
t, , A.D. , 19 Q Z.
92029S
c • CAC/ I;) ) A6- (A:" )1 7ri,/qz. rtf f3/4r i'eriE:a
EXHIBIT "A"
PROPERTY DESCRIPTION
A parcel of land being part of that parcel of land as described in
Book 1063 as Reception Number 02003903 as recorded March 29, 1985
in the records of the Weld County Clerk and Recorder, said Document
hereinafter referred to as Doc#1, and being part of the Southeast
Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section Thirty
(30) , Township Five (5) North, Range Sixty-five (65) West of the
Sixth Principal Meridian (6th P.M. ) , County of Weld, State of
Colorado and being more particularly described as follows:
BEGINNING at the Quarter Corner common to Sections 30/31-T.5N.-
R. 65W. as monumented by a found BLM type monument with aluminum
cap stamped as per BLM instructions and `JONES LS 22098' , said
Monument Type hereinafter referred to as MT#1, with the Center
Quarter Corner (C1/4 Cor) of said Section 30 to bear North 00°14'01"
West (assumed) a distance of 2680 .46 feet, said C1/4 Cor being
monumented by MT#1 . Aforesaid line defines the basis of bearings
of this description:
#1 : THENCE North 00°14'01" West along the East line of the SE1/4
SW1/4 , also being the East line of the aforesaid Doc#1 , a
distance of 192. 62 feet to a point on a curve being the
Northwesterly Right-Of-Way (ROW) line of the proposed
realignment of Belmont Avenue. Aforesaid line being non-
tangent to said curve;
#2: THENCE along the arc of a curve which is concave to the
Northwest and being the Northwesterly ROW line of the
aforesaid realignment of Belmont Avenue a distance of 237.54
feet, whose delta is 17°11'27" , whose radius is 791 .69 feet,
and whose long chord bears South 63°40'24" West a distance of
236. 65 feet to a point on the West line of the aforesaid
Doc#1;
#3 : THENCE South 00°14'01" East along the West line of the
aforesaid Doc#1 a distance of 83 .05 feet to a point on the
South line of said SE1/4 SW1/4;
#4: THENCE South 88°45'21" East along said South line a distance
of 212 .60 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 0. 640 acres, more or less
(±) , and is subject to any rights-of-way or other easements as
granted or reserved by instruments of record or as now existing on
said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Charles B. Jones, a Colorado Registered Professional Land
Surveyor do hereby state 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, all this to the best
of my knowledge, information, belief, and in my professional
opinion.
I further state that this certificate does not extend to any
unnamed parties or the successors and/or assigns of Weld County.
0 RfC��(1364: 4Sl
c O :
Charles B. Jones _ . // w �
2209 YY
Colorado Registered P ftrsional g %/ /9///
Land Surveyor #22098 'j -
�*A( LAND
Project Number: 1991-18
972,9
B 1333 REC 02285193 04/21/92 15: 14 $0 .00 2/002
F 0903 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A"
PROPERTY DESCRIPTION
A parcel of land being part of that parcel of land as described in
Book 1063 as Reception Number 02003903 as recorded March 29, 1985
in the records of the Weld County Clerk and Recorder, said Document
hereinafter referred to as Doc#1 , and being part of the Southeast
Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section Thirty
( 30) , Township Five ( 5) North, Range Sixty-five ( 65) West of the
Sixth Principal Meridian (6th P.M. ) , County of Weld, State of
Colorado and being more particularly described as follows:
m eo
BEGINNING at the Quarter Corner common to Sections 30/31-T.5N.- o F,
R. 65W. as monumented by a found BLM type monument with aluminum aw
cap stamped as per BLM instructions and `JONES LS 22098' , said
Monument Type hereinafter referred to as MT#1 , with the Center
Quarter Corner (C1/4 Cor) of said Section 30 to bear North 00°14'01" v t
West (assumed) a distance of 2680.46 feet, said Cl/4 Cor being k
monumented by MT#1. Aforesaid line defines the basis of bearings a
of this description: z N
z co
#1: THENCE North 00°14' 01" West along the East line of the SE1/4
SW1/4, also being the East line of the aforesaid Doc#1, a ate
distance of 192. 62 feet to a point on a curve being the z
Northwesterly Right-Of-Way (ROW) line of the proposed m o
realignment of Belmont Avenue. Aforesaid line being non- tzi
tangent to said curve; H
2W
#2: THENCE along the arc of a curve which is concave to the
Northwest and being the Northwesterly ROW line of the r ,"
aforesaid realignment of Belmont Avenue a distance of 237.54 t'
feet, whose delta is 17°11'27" , whose radius is 791.69 feet, 5�cH
and whose long chord bears South 63°40'24" West a distance of rt, :
236.65 feet to a point on the West line of the aforesaid
Doc#1;
#3 : THENCE South 00°14'01" East along the West line of the 2
aforesaid Doc#1 a distance of 83 .05 feet to a point on the 6
South line of said SE1/4 SW1/4; fir,
#4 : THENCE South 88°45' 21" East along said South line a distance x !'
of 212 .60 feet to the TRUE POINT OF BEGINNING. 0
Said described parcel of land contains 0.640 acres, more or less o
(±) , and is subject to any rights-of-way or other easements as (c)) 01
granted or reserved by instruments of record or as now existing on
said described parcel of land.
CJ o
O rn
SURVEYOR'S CERTIFICATE
I, Charles B. Jones, a Colorado Registered Professional Land
Surveyor do hereby state 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, all this to the best
of my knowledge, information, belief, and in my professional
opinion.
I further state that this certificate does not extend to any
unnamed parties or the successors and/or assigns of Weld County.
''.0 REGIS,
B. '.`� �+
Charles B. Jones 2209 /T 7
Colorado Registered P : L rsional • f
Land Surveyor #22098 r7....••''� a j
0414L lANO Project Number: 1991-18
920235;
Mitatim-H mEmORAnDUm
WELD COUNTY
To Carol Harding Date 4-29 pP? 21 Pi I(1: 37—
COLORADO From Alan Miller Eng. Dept. CLERK
Subject Recording of Deed From Salazar TO THE BOARD
Carol, this is the deed for the R-O-W for the Brantner Road
project. I think the agreement for the deed was signed by
the Commissioners on March 30th.
The deed needs to be recorded with a copy sent to Bruce Barker,
Salazar, and to me. It is my understanding that the assessors
office will automatically get a copy after the deed has been
recorded.
Thank you.
c CST;
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l -_ qp-bin.N(ti
WELD COIJ'J r V U
Car;;
PITY Op l:;532
FEB
12 0
-11 " CITY OF EVANS CI ER '
rO Tr
EVANS EVAN3700 GOLDEN STREET
S, COLORADO 80620-2724
FOUNDED I000•NOMERULE in 303-339-5344
COLORA90
February 6, 1992
Office of the County Commissioners
Commissioner Kennedy, Chairman of The Board of Commissioners
915 10th Street
Greeley, CO 80631
Dear Commissioner Kennedy,
The Brantner Road Relocation Project is progressing smoothly. The
diligent efforts of the County Engineering Department working with
the city staff has been greatly appreciated and is a prime example
of intergovernmental relations that will benefit all taxpayers
within the community.
The preliminary engineering design is near completion and appears
to be acceptable to the county and city staff as well as the
adjacent property owners. There remains only one issue which needs
to be addressed prior to the road construction. This being a
possible land swap between Mr. Salazar and Weld County. Mr. Romon
Salazar owns property at 1799 49th Street which is needed by Weld
County for right of way in order to construct the newly designed
road. He is interested in a tract of land owned by the City of
Evans adjacent to his property.
The City of Evans believes we have the solution to this dilemma.
The City would deed to Weld County Lot 2 (consisting of . 845 acres)
of Block 4, First Replat of Evans Industrial Park. This would
enable the County to exchange that property for Mr. Salazar's
property of equal value. From previous discussions between Mr.
Salazar and the County Engineering Department, he has indicated he
would be agreeable to this land swap. The city would base this
offer predicated upon consideration of the County performing the
necessary earth work on Belmont Avenue to 42nd Street.OD-hg fgg—C G �l j 0• ...,.
()o _; .:
Page 2
Brantner Road Relocation
We appreciate your cooperation and assistance in this matter and
should you have any questions please contact me at 339-3475. Thank
you.
Sincerely,
ichar Eva
City Manag
RE/cmc
PW92007
cc: Commissioner Kirby
Commissioner Lacy
Commissioner Webster
Commissioner Harbert
Weld County Engineering Office
Ken Hammer, Director of Public Works and Planning
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