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Home My WebLink About930462.tiff RESOLUTION RE: APPROVE AMENDMENT TO THE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS 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 with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board did approve three Agreements for Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements between Weld County, Colorado and Harvey D. Shupe and Elaine M. Mylander by Resolution dated May 13, 1992, and corrected by Resolution dated June 10, 1992, and WHEREAS, said rights-of-way and/or easements are located S? of Section 4, Township 5 North, Range 66 West, and the NEI of Section 4, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, an Amendment to the Agreement for Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements between Weld County, Colorado and Harvey D. Shupe and Elaine M. Mylander has been received by the Board, with the terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to the Agreement for Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements between WEld County, Colorado and Harvey D. Shupe and Elaine M. Mylander be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: r‘ �� WELD COUNTY, COLORADO Weld County Cler 0 1�//L/�?2�1��r•��, .Lf� Constance L. H rbert, Chairman ,� BY. Deputy Cler o the�,pnard\s W. H ebste , P o-Tem APPROVED S TO FORM: e^J/ Cr-S',C (. l �ZIiL eorge/E. Baxter r l_ my Attor ey Dale K. Hall arbara J. Kirkmeyer 930462 Fly ba 3� AR23341,7S AMENDMENT TO THE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS THIS AGREEMENT, made and entered this day of / te , 19[3 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 Harvey D. Shupe and Elaine M, Mylander hereinafter referred to as "Owner. " WHEREAS, Owner wishes to make a change in the original agreement under number 6 of "other conditions, terms or obligations" on page 2 of 2 pages. Changes would be made to the statement " The County will have their contractor remove and replace the concrete irrigation ditch to the edge of the new Right- of-Way with a new ditch equivalent to the existing ditch at the County's expense" . WHEREAS, County wishes to pay Owner Four Thousand ($4000.00) in cash, to buy gated pipe which Owner would install and maintain in lieu of the contract bid price of $6000.00 to replace the concrete ditch. WHEREAS, Owner would release the County of any and all responsibility for the replacement, maintenance, installation, or additional costs occurred under the original attached agreement dated April 29, 1992, with the acceptance of this payment. WITNESSETH: That in consideration of the payment by County to Owner of the sum of Four Thousand Dollars ($ 4000.00 ) , in cash. County agrees to pay owner for gated pipe to replace the concrete ditch removed during bridge construction and Owner agrees to release the County of any responsibility to replace or maintain the concrete ditch as stated in the original agreement. ALAN WITNESS HEREOF, the parties hereto have subscribed their names this t _ day of ‘,./no 4f..� , 19g.�3 ATTEST: Q WELD COUNTY COLORADO,.BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS p(�� ✓� G t " �t� C�JS ifLf�iie Constance L, Harbert Chairman p$44,fi3 Weld Co44ty;Clerk to.the Board By: /r(j.(A-1 Deputy Clerk to the Page 1 of 2 Pages 930462 B 1384 REC 02334675 05/27/93 16 : 24 $0 .00 1/002 F 9191 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" Owner accepts the above proposal this , /L day of a , 19 1, By: 57.x•�j,- re___- Cu lGr'in,"/• `Z Harvey //y✓ Shupe Elaine M. Mylander WITNESS I t. Aril Alan M. Miller Right-of-Way Agent For Weld County Page 2 of 2 Pages 930462 B 1384 REC 02334675 05/27/93 16 :24 $0 .00 2/002 F 2122 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 44-110cit mEmORAnDUm Whit To Cler1r to the Bnerd Date May 18, 1993 COLORADO From Alan Miller, Engineering Subject:Agenda Ttem Please add the following to the Board's agenda: "Approval of the amendment to the Agreement for Sale and Purchase of Vacant Land for Rights-of-Way and or Easements. " Appropriate documentation is attached. AM/pds:ctb6 Attachment cc: Commissioner Baxter File 930464 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS THIS AGREEMENT, made and entered this 2 9 day of Apri , 19.32_ by and between Weld County, Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "County, " and Harvey D. Shupe and Elaine M. Mvlander hereinafter referred to as "Owner. " WHEREAS, County wishes to purchase from Owner certain lands described below for the purpose of providing the County with a rights-of-way, and/or easement. Any rights-of-way described in this agreement will be referred to as "rights-of-way" and any easement will be referred to as "temporary or permanent easement." WHEREAS, Owner wishes to sell to County the rights-of-way and/or easement(s) for the consideration mentioned below. WITNESSETH: That in consideration of the payment by County to Owner of the sum of Arco- H»"dvm., Exve,+.} 've_ ($ 375 . 00 ) , in cash, and other valuable consideratio , 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) Parcel #2 which is attached to and incorporated in this agreement by reference. This Agreement is subject to the following conditions: 1. Owner shall furnish to County a Ouit Claim Deed conveying Rights-of-Way described in the Parcel #2 Legal Description for the Bridge 60.5/29A 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 1992 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 930462 S. 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, 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: County will pay Owner $20 for a temporary construction easement as indicated on sheet 6 of 22 for the Bridge 60.5/29A replacement plans. The easement for bridge construction and concrete ditch replacement will become void 30 days after the completion of construction, The County will have their contractor remove and replace the concrete irrigation ditch to the edge of the new Right-of-Way with a new ditch equivalent to the existing ditch at the County's expense. Provisions will be made by County for irrigating during construction if necessary. yre. ‘:het* r. - �c cc_ Fc •C \t\\ccc - t { 1aa..fcrare yc w'rr\� h IN WITNESS HEREOF, the parties hereto have subscribed their names this 1 day of . „ma ATTEST: WELD COUNTY COLORADO,BY AND (� �-� tttt THROUGH THE BOARD OF COUNTY j o avt COMMISSIONERS Chairman eorge Kennedy � //g/93-- Weld County Clerk and Recorder and Clerk to the Board By: (b -x. Deputy County Clerk THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" Owner accepts the above proposal this 29 day of , 19 9a. • Harve . Shupe % Elaine M. Mylander /p , WITNESS /`' . �_ 6dt/ Alan M. Miller Right-of-Way Agent For Weld County • Page 2 of 2 Pages Q'nwcA 7� RIGHT-OF-WAY TO BE ACQUIRED FROM PARCEL NO. 02 HARVEY D. SHUPE and ELAINE M. MYLANDER FOR WELD COUNTY BRIDGE WEL 60.5/29A LEGAL DESCRIPTION A tract or parcel of land No. 02 containing 0.4235 acres, more or less, in the NE 114 of Section 4, Township 5 North, Range 66 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as follows: That portion of the NE 1/4 of Section 4 in T. 5 N., R. 66 W. of the 6th P.M. described as follows: Commencing at the center of said Section 4, and considering the east-west center line of said Section 4 to bear N 90°00'00" E with all other bearings contained herein relative thereto; Thence N 90°00'00" E along said east-west center line a distance of 431.81 feet to the True Point of Beginning of the tract to be described hereby; 1. Thence N 09°08'47" W a distance of 60.77 feet; 2. Thence N 90°00'00" E a distance of 199.78 feet; 3. Thence S 78°41'24" E a distance of 152.97 feat to a point on the existing Right-of- Way line; 4. Thence S 00°00'00" E a distance of 30.00 feet to a point on said east-west center line; 5. Thence S 90°00'00" W a distance of 340.12 feet to the True Point of Beginning. The above described parcel or tract contains 8,170.95 square feet or 0.1876 acres to be acquired and 10,276.04 square feet or 0.2359 acres of existing Right-of-Way. 4 OF (et o ` 'I o• ° y'c ?iSi84 r *TAa ;(5 3--/q-914:°:.::Q clwpwinlletterslerichlweld2.row / .0\ •,1f et• Q . 9 • ENd , i• : Ii 930462 RESOLUTION RE: APPROVE THREE AGREEMENTS FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS- OF-WAY AND/OR EASEMENTS 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 with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with three Agreements for the Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements between Weld County and Isla M. Mahan or Isla M. Mahan and William Mahan for the sum of $1,000.00, Harvey D. Shupe and Elaine M. Mylander for the sum of $375.00, and Charles Bret Mylander for the sum of $375.00, and WHEREAS, said rights-of-way and/or easements being granted by the above mentioned persons are located in the S} of Section 4, Township 5 North, Range 66 West; and the NE} of Section 4, 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 agreements, copies of which are attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve said agreements. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreements for Sale and Purchase of Vacant Land for Rights-Of-Way and/or Easements between Weld County and Isla M. Mahan or Isla M. Mahan and William Mahan, Harvey D. Shupe and Elaine M. Mylander, and Charles Bret Mylander be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board sG %cam^ George Kenne Chairman / y� // BY: /424 .1.41114 d,-�r, w�!-'' s EXCUSED DATE OF SIGNING (AYE) Deputy Clerk to the Boar& \ Constance L. Harbert, Pro-Tem APPROVED AS TO,FORM: C. W. Ki b' County Attorney Go L cy y -r 91( / 4, &}Q •}k*/ W. H. Webster 920420 L 930462 AR2292477 _ RESOLUTION RE: APPROVE CORRECTIONS TO RESOLUTION OF MAY 13, 1992, APPROVING THREE AGREEMENTS FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS 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 with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board did, by Resolution date May 13, 1992, approve three Agreements for the Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements between Weld County and Isla M. Mahan or Isla M. Mahan and William Mahan for the sum of $1,000.00, Harvey D. Shupe and Elaine M. Mylander for the sum of $375.00, and Charles Bret Mylander for the sum of $375.00, and WHEREAS, the Board has been advised that said resolution should be corrected to read Isla M. Mahan or Isla M. Mahan and William Mahan for the sum of $1, 040.00, Harvey D. Shupe and Elaine M. Mylander for the sum of $395.00, and Charles Bret Mylander for the sum of $1,827.00 (underlining denotes corrections) , and WHEREAS, said rights-of-way and/or easements being granted by the above mentioned persons are located in the Si of Section 4, Township 5 North, Range 66 West; and the NEI of Section 4, 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 agreements, copies of which are attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to correct said resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Resolution dated May 13, 1992, approving three Agreement for the Sale and Purchase of Vacant Land for Right-of-Way and/or Easements between Weld County and Isla M. Mahan or Isla M. Mahan and William Mahan, Harvey D. Shupe and Elaine M. Mylander, and Charles Bret Mylander be, and hereby is, corrected as hereinabove stated. 930462 B 1340 REC 02292477 06/19/92 10 : 19 $0 . 00 1/00920 F 0523 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Hello