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Home My WebLink About950975.tiffRESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS -OF -WAY AND/OR EASEMENTS WITH HARVEY AND CHARMAINE RATHBUN AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE #64/39A 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 Replacement Project #64/39A between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Harvey and Charmaine Rathbun, 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 Replacement Project #64/39A between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Harvey and Charmaine Rathbun 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 8th day of May, A.D., 1995. ATTEST: Weld Cou By - Deputy Clerl(jlo the Board BOARD OF COUNTY COMMISSIONERS LD COUNTY, COL,ORfO arbar J. Kirkmeyer, Far -Tem gEe"-r . Baxter APP' • D AS TO FOR Constance L. Harbert my Attor ey W. H. Webster W. H. Webster `A); Eat5bu'7 Aiefreiv 950975 EG0034 Att2438©68 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS -OF -WAX AND OR EASEMENTS THIS AGREEMENT, made and entered this /O day of / i 19 %S by and between Weld County, Colorado, by and through the Board of Co ty Commissioners of the County of Weld, Colorado, hereinafter referred to as "County" and Harvey and Charmaine Rathbun whose address is 100 "O" St., Greeley, CO 80631, 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 one hundred dollars and 00/100 cents ($100.00), in cash, and other valuable consideration, "Owner" agrees to sell to "County" and "County" agrees to purchase from "Owner" the easement (s) described as follows: The easement described in the attached exhibit (s) "A" This Agreement is subject to the following conditions: 1. 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 2. 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. 3. 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 assign, only when the same has been approved by the Board of County Commissioners of the County of Weld, on behalf of Weld County, Colorado. 4. Other conditions, terms or obligations: The County agrees to do the following: 2438068 B-1491 P-814 05/12/95 02:54P PG 1 OF 3 REC DOC Weld County CO Clerk & Recorder 0.00 950975 a. Reconstruct the existing driveway located at station 13+00 to match new roadway. th IN WITNESS HEREOF, the parties hereto have subscribed their names this _ day of U}'1 � r 19. ATTEST: Clerk to th By: Deputy C. Clerk WELD COUNTY COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS Chairman 05/a 8,95 THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" "Owner" accepts the above proposal this /O day of N1kt L , 19 ,t) -- By: WITNESS ' n o m -2 Rathbun /444 Wayne Howard Weld County Public Works Dept. Charmaine Ra 2438068 B-1491 P-814 05/12/95 02:54P PG 2 OF 3 bun 950975 EXHIBIT "A" WELD COUNTY BRIDGE REPLACEMENT PROJECT 64/39A Harvey & Charmaine Rathbun TEMPORARY CONSTRUCTION EASEMENT A rectangular area approximately 95' x 30', starting from the south edge of existing R.O.W. line at station 11+03, East 97' along existing R.O.W. line to station 12+00, South 30' to station 12+00, West 92' to property line at station 11+08, then North 30' along property line to P.O.B. To be void after construction. This document not to be recorded. 2438068 B-1491 P-814 05/12/95 02:54P PG 3 OF 3 950975 Hello