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HomeMy WebLinkAbout940292.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE 1118/25A 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 #18/25A 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 Donald A. Parker, 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 1118/25A 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 Donald A. Parker 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 March, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: Leal% WELD COUNTY, LORADO Weld County Clerk to the Board W . Webste , air BY: Dpt KAY; . Deputy gyrk to the Board Da e K0/ Hall, ro em vv �� APPRO TO FORM: - « /1 e, � eo e E. Baxter e/77<-------7 { ounty Attor y Constance L. Harbert l� '�� /.(/ /'/I' L-= ,-iii' Barbara J. Kirkmey r �� 940292 EGO J E7%' ; f< Ytit r Ait23823.76 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND OREASEMENTS THIS AGREEMENT, made and entered this O(g day of 4'Yuil P K), 1994 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 Donald A. Parker 12877 W.C.R. 18 Fort Lupton,CO 80621 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 two thousand, five hundred and thirty-seven dollars and fifty cents ($ 2537.50 ) , 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 in Exhibit(s) A which is attached here to and is incorporated in this agreement by reference. This Agreement is subject to the following conditions: 1. Owner shall furnish to County a Quit Claim Deed conveying Rights-of-Way described in the Attached Exhibit A for the bridge 18/25A replacement project. 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. Page 1 of 2 Pages 3 A3$ REc 02382_7,_ cc i 94 , 6 $G _ 1004 940292 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto, and upon their representative heirs, devisers, executors, administrators, legal representatives, successors and assigns, 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 County agrees to the Following: A. Relocate 850 ft. of three wire,metal post fence back to new R.O.W. line B. Remove 680 ft. of three wire,metal post fence. ,ItroIN WITNESS HEREOF, the parties hereto have subscribed their names this day of —41AJOiLl , 19 94 ATTEST: WELD COUNTY COLORADO,BY AND THROUGH THE BOARD OF COUNTY Le ,,11 COMMISSIONERS /61 T/ � ! 03 a8i9g Y , �;., , + j William H. ebster 4) 0 Date Weld €egnty Clerk ,bo2?t�he�Board Chairman By: �f'll K_ / / Gw2U"✓ Deputy Qyerk to the Board THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER"Owner accepts the above proposal this 2/ day of //4frc'h/ , 19 94 By: Pznissi a r C-L, DONALD A. PARKER WITNESS Al7A Wayne Howard Weld County Page 2 of 2 Pages 3 3E Rte . 02 02173 04,'06; 94 _ . 26 5:2 , , ^ 2 '3C- 9Q292 • FREDERICK LAND SURVEYING EXIBIT A 1528 N. Lincoln Loveland, Co. 80538 (303) 669-3652 Page 1 of 2 RIGHT-OF-WAY TO BE. ACQUIRED FROM PARCEL NO. 02 MARJORIE A. AND DONALD A. PARKER FOR BRIDGE WEL 18/25A WELD COUNTY LAND DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION All that portion of the southeast quarter of Section 19, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado more particularly described as follows: Considering the south line of said southeast quarter of Section 19 as bearing SOUTH 89° 57 ' 53" EAST and with all bearings contained herein relative thereto. Beginning at the southwest corner of said southeast quarter of Section 19; Thence along said south line of the southeast quarter of Section 19 SOUTH 89° 57 ' 53" EAST 371 .68 feet ; Thence leaving said south line NORTH 83° 01 ' 44" EAST 307 .95 feet to the begin- ning of a tangent curve to the right having a central angle of 01° 10' 28" and a radius of 2440.00 feet ; Thence along the arc of said curve easterly 50.02 feet to the end of said curve; Thence radial- ly from said curve NORTH 05° 47 ' 48" WEST 10.00 feet to the begin- ning of a non-tangent curve to the right having a central angle of 02° 17 ' 32" and a radius of 2450.00 feet (a radial line from said point bears SOUTH 05° 47 ' 48" EAST) ; Thence along the arc of said curve easterly 98.01 feet to the end of said curve; Thence radial- ly from said curve NORTH 03° 30' 16" WEST 10 .00 feet to the begin- ning of a non-tangent curve to the right having a central angle of 04° 35' 01" and a radius of 2460.00 feet (a radial line from said point bears SOUTH 03° 30' 16" EAST) ; Thence along the arc of said curve easterly 196.80 feet to the end of said curve; Thence radi- ally from said curve NORTH 01° 04' 45" EAST 10 .00 feet to the beginning of a non-tangent curve to the right having a central angle of 02° 38' 29" and a radius of 2470.00 feet (a radial line from said point bears SOUTH 01° 04' 45" WEST) ; Thence along the arc of said curve easterly 113 .87 feet to the end of said curve; Thence tangent from said curve SOUTH 86° 16' 46" EAST 186.06 feet to the east line of the west half of said southeast quarter of Section 19; Thence along said east line NORTH 00° 03' 00" EAST 60. 12 feet; Thence leaving said east line NORTH 86° 16' 46" WEST 182.21 feet to the beginning of a tangent curve to the left having a central angle of 02° 38' 29" and a radius of 2530.00 feet ; Thence along the arc of said curve westerly 116.63 feet to the end of said curve; Thence radially from said curve NORTH 01° 04' 45" EAST -10.00 feet to the beginning of a non-tangent curve to the 9404. 2 Page 2 of 2 left having a central angle of 04° 35' 01" and a radius of 2540.00 feet (a radial line from said point bears SOUTH 01° 04 ' 45" WEST; Thence along the arc of said curve westerly 203 . 20 feet to the end of said curve: Thence tangent from said curve NORTH 03° 30' 16" WEST 10.00 feet to the beginning of a non-tangent curve to the . left having a central angle of 02° 17 ' 32" and a radius of 2550.00 feet (a radial line from said point bears SOUTH 03° 30' 16" EAST) : Thence along the arc of said curve westerly 102 .01 feet to the end of said curve: Thence radially from said curve NORTH 05° 47 ' 48" WEST 10.00 feet to the beginning of a non-tangent curve to the left having a central angle of 01° 10' 28" and a radius of 2560.00 feet (a radial line from said point bears SOUTH 05° 47 ' 48" EAST) ; Thence along the arc of said curve westerly 52 .48 feet to the end of said curve: Thence tangent from said curve SOUTH 63° 01 ' 44" WEST 639. 76 feet to the beginning of a tangent curve to the right having a central angle of 00° 39' 16-. and a radius of 2440.00 feet: Thence along the arc of said curve westerly 27 .87 feet to the end of said curve and to the west line of said southeast quarter of Section 19; Thence non-tangent from said curve and along said west line SOUTH 00° 03 ' 00" WEST 75 . 39 feet to the Point of Beginning. Said portion contains 2 .82 acres. ( 122 ,631 square feet ) , more or less. Off ' December 28 , 1993 .� ="' " Project No: 93-03-680.03 i.- 11989 d 0-. . SAL LIMOS • 4 3 340292 #4-4-4(QUITCLAIM DEED j'� --4(C Mid_1.929111 d(� j ry ry<-1 07,42-u COUNTY OF WELD � /� STATE OF COLORADO -A, e e)-4 ' d'f' THIS DEED, Made this 16th day of March , 19 94 , between Donald A. Parker whose address is: 12877 W.C.R. 18 Fort Lupton, CO 80621 hereinafter called GRANTOR, whether one or more, and County of Weld, State of Colorado, whose address is P.O. Box 758, Greeley, CO 80632, hereinafter called COUNTY. WITNESSETH, That the GRANTOR for in consideration of the sum of two thousand five hundred and thirty-seven dollars and 50 cents ($ 2537.50 ) 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: The Property Described in the Attached Exhibit A for Bridge WEL018.0-025.OA Replacement Project. 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 proper use, benefit and behoof of the COUNTY. IN WITNESS WHEREOF, The GRANTOR, has hereunto set his hand and seal on this 16th day of March , 19 94 X ,cam 4 ,a %c t Donald .AN.Parker Date Am V - o T. d S 'A'Et 0P COLORADO, ) ®' -. 0 Y •' ) ss. n.....cOzSNU OF WELD Tfie,goregoiiig instrument was acknowledged before me this 16th day of March 19 94 , by Marjorie and Donald Parker. Marjorie Parker Deceased My commission expires May 27 , 19 96 . Witness my hand and official seal. (4--.44e4 131. /24 Notary Public. B 1446 REC 02392901 06/13/94 12 : 33 $0 . 00 1/003 F 0632 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO &t : E&) MA ?fl i J232 .• FREDERICK LAND SURVEYING ExIBIT A 1528 N. Lincoln Loveland, Co. 80538 'FLS, (303) 669-3652 • Page 1 of 2 RIGHT-OF-WAY TO BE. ACQUIRED FROM PARCEL NO. 02 MARJORIE A. AND DONALD A. PARKER FOR BRIDGE WEL 18/25A . WELD COUNTY LAND DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION All that portion of the southeast quarter of Section 1C9,o Township e 2 North, Range 66 West of the 6th P.M. , Weld County, particularly described as follows: Considering the south line of said southeast quarter of Section 19 as bearing SOUTH 89° 57 ' 53" EAST and with all bearings contained herein relative thereto. Beginning at the southwest corner of said southeast quarter of Section 19; Thence along said south line of the southeast quarter of Section 19 SOUTH 89° 57 ' 53" EAST 371 .68 feet ; Thence leaving said south line NORTH 83° 01 ' 44- EAST 307 .95 .feet to the begin- ning of a tangent curve to the right having a central angle of 01° 10' 28" and a radius of 2440.00 feet ; Thence along the arc of said curve easterly 50.02 feet to the. end of said curve; Thence radial- ly from said curve NORTH 05° 47 ' 48" WEST 10 .00 feet to the begin- ning of a non-tangent curve to the right having a central angle of 02° 17 ' 32" and a radius of 2450.00 feet (a aradial the line erfrom c of said point bears SOUTH 05d 47' 48" EAST) ; Thence curve easterly 98.01 feet to the end of said curve; Thence radial- ly from said curve NORTH 03° 30' 16" WEST 10 .00 feet to the begin- ning of a non-tangent curve to the right having a central angle of 04° 35' 01" and a radius of 2460.00 feet (a radial line from said point bears SOUTH 03° 30' 16" EAST) ; Thence along the arc of said curve easterly 196.80 feet to the end of said curve; Thence radi- ally from' said curve NORTH 01° 04' 45" EAST 10 .00 feet to the beginning of a non-tangent curve to the right having a central angle of 02° 38' 29" and a radius of 2470.00 feet (a Thenceradialg the from said point bears SOUTH O1 04' 45" WEST) ; arc of said curve easterly 113. 87 feet to the end of said curve; Thence tangent from said curve SOUTH 86° 16' 46" EAST 186.06 feet to the east line of the west half of said southeast quarter of Section 19; Thence along said east line NORTH 00° 03' 00" EAST 60. 12 feet; Thence leaving said east line NORTH 860 16' 46" WEST 182.21 feet to the beginning of a tangent curve to the left having a central angle of 02° 38' 29" and a radius of 2530.00 feet; Thence along the arc of said curve westerly 116.63 feet to the end of said curve; Thence radially from said curve NORTH 01° 04', •45 EAST 10.00 feet to the beginning of a non-tangent curve to the 8 1446 REC 02392901 06/13/94 12 : 33 $0 . 00 2/003 v n��•: MAPV ANN RRuERSTEIN CLERK & RECORDER WELD CO, CO • • Page 2 of 2 left having a central angle of 04° 35' 01- and a radius of 2540 .00 feet (a radial line from said point bears SOUTH 01° 04' 45' WEST; Thence along the arc of said curve westerly 203 . 20 feet to the end of said curve: Thence tangent from said curve NORTH 03° 30' 16" WEST 10.00 feet to the beginning of a non-tangent curve to the left having a central angle of 02° 17 ' 32" and a radius of 2550 .00 feet (a radial line from said point bears SOUTH 03° 30' 16" EAST) : Thence along the arc .of said curve westerly 102 .01 feet to the end of said curve: Thence radially from said curve NORTH 05° 47 ' 48" • WEST 10.00 feet to the beginning of a non-tangent curve to the left having a central angle of 01° 10' 28" and a radius of 2560.00 feet (a radial line from said point bears SOUTH 05° 47 ' 48" EAST) : Thence along the arc of said curve westerly 52 .48 feet to the end of said curve: Thence tangent from said curve SOUTH 83° 01 ' 44" WEST 639 . 76 feet to the beginning of a tangent curve to the right having a central angle of 00° 39' 16"' and a radius of 2440 .00 feet: Thence along the arc of said durve westerly 27 .87 feet to the end of said curve and to the west line of said southeast quarter of Section 19; Thence non-tangent from said curve and along said west line SOUTH 00° 03 ' 00" WEST 75 . 39 feet to the Point of Beginning. Said portion contains 2.82 acres. ( 122 ,631 square feet) , more or less. - � ' I December 28 , 1993 . - • Project No: 93-03-680.03 1� • ''f = tiJ • B 1446 REC 02392901 06/13/94 12 : 33 0 . 0 3003 F 0634 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO MEMORAnDU WillieTo Clerk to the Board Date March 25 199 COLORADO Fmm Drew Scheltinga, County Engineer, Public Works Subject: Agenda Item Please add the following to the Board's agenda: "Approval of Agreement for Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements. " This agreement is for right-of-way for Bridge 18/25A over the South Platte River, one mile north of Ft. Lupton. Donald Parker will be paid $2,537.50 for 2.82 acres. Appropriate documentation is attached. DS/pds:ctbll Attachment cc: Commissioner Kirkmeyer File 940232 Hello