HomeMy WebLinkAbout950938.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS -OF -WAY AND/OR EASEMENTS WITH NATIONAL HOG FARMS, INC. AND
AUTHORIZE CHAIRMAN TO SIGN - BRIDGE #50/67A
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 the Bridge #50/67A project 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 National Hog Farms, Inc., 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 the Bridge #50/67A project 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 National Hog Farms, Inc., 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 1st day of May, A.D., 1995.
ATTEST:
Weld Coun
BY:
Deputy Cler ' o the Board
APPROVED AS TO F
tt.r ey
hn; %);M/6/ne,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRAD
4,
Dale K. Hall, Chairman
FXf:I ISFf) f)ATF ()F SIC;NINC; (AYF)
Barbara ,J. Kirkmeyer, Pro-Jem
i
/George EPBaxter
FXrd'SFr)
Constance L. Harbert
W. H. Webs er
950938
EG0034
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS -OF -WAY AND OR EASEMENTS
AR2937awe
THIS AGREEMENT, made and entered this /2 day of /f `i J , 19 9S -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 National Hog Farms, Inc.
whose address is 25000 WCR 69, Kersey, CO 80644, 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
o 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.
B-1491 P -B
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WITNESSETH:
That in consideration of property enhancements described below by "County" to "Owner",
the "Owner" agrees to give to "County" and "County" agrees to accept from "Owner" the rights -of -
way and/or easement(s) described as follows:
The rights -of -way and easement(s) described in the attached exhibits "A" and "B".
This Agreement is subject to the following conditions:
1. "Owner" shall furnish to "County" a Quit Claim Deed conveying the rights -of -way
described in the attached exhibit "A". Title insurance need not be provided by "Owner".
2. "Owner" shall furnish to "County", temporary construction easements, numbers 1,2,3
& 4 as described in the attached exhibit "B", for the construction of new field entrances, to
be void after construction.
3. 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
4. General taxes for the year 1995 shall be apportioned to the date of delivery of the
Deed based on the most recent levy and the most recent assessments.
5. 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.
6. 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
950938
of County Commissioners of the County of Weld, on behalf of Weld County, Colorado.
7. Other conditions, terms or obligations:
a. "County" will furnish a field approach on the east and west side of roadway at
stations 13+50 and 28+50. The field approaches will include resetting the three existing
metal gates and installing one new wire gate.
b. "County" will install new, four strand, barbed wire fencing with combination
metal and wood posts (every forth post wood) on the new right-of-way line and across the
openings of new culvert and bridge.
c. The existing roadway will be removed after traffic is opened to the new roadway
and the rights -of -way for the old roadway will be abandoned.
WITNESS HEREOF, the parties hereto have subscribed their names this
is!
day of
ATTEST:
Clerk to
By:
Deputy Clerk
Yt , 19 .
WELD COUNTY COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS
Chairman O/0ihs
THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER"
"Owner"
By:
e above proposal this day of *241/
di./4:12i7
C.L. William Haw
President and CEO
Natioonall Hsg Farms Inc.
WITNESS Z7/
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EXHIBIT "A"
WELD COUNTY BRIDGE REPLACEMENT PROJECT 50/67A
Parcel 2
Part of the NE 1/4 of Section 3, T. 4 N., R. 63 W. of the Sixth
Principal Meridian.
Considering the North line of Section 3 to bear N. 89° 41' 28" E.
and with all other bearings contained herein relative thereto:
Beginning on the North line of the Union Pacific Railroad right of way
from which the south 1/4 corner of Section 3, T. 4 N., R. 63 W.
bears S. 68° 46' 19" W. a distance of 1,961.63 feet;
1. Thence S. 50° 06' 53" E. along the northerly right of way line of
the Union Pacific railroad right of way a distance of 100.0 feet;
2. Thence N. 39° 35' 56" E. a distance of 578.57 feet;
3. Thence N. 50° 54' 32" E. a distance of 50.99 feet;
4. Thence N. 39° 35' 56" E. a distance of 200.0 feet;
5. Thence N. 28° 17' 20" E. a distance of 50.99 feet;
6. Thence N. 39° 35' 56" E. a distance of 137.28 feet to the north line
of Section 3, T. 4 N., R. 63 W.;
7. Thence S. 89° 41' 28" W. along the north line of Section 3 a
distance of 338.95 feet;
8. Thence S. 39° 35' 56" W. a distance of 26.18 feet;
9. Thence S. 50° 24' 04" E. a distance of 150.0 feet;
10. Thence S. 39° 35' 56" W. a distance of 143.65 feet;
11. Thence S. 28° 17' 21" W. a distance of 50.99 feet;
12. Thence S. 39° 35' 56" W. a distance of 578.07 feet, more or
less, to the point of beginning.
The above described parcel contains 2.670 acres, more or less.
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EXHIBIT "A"
(CONT)
Also
Part of the SE 1/4 of Section 34, T. 5 N., R. 63 W. of the Sixth
Principal Meridian.
Considering the South line of Section 34 to bear N. 89° 41' 28" E.
an with all other bearings herein relative thereto:
Beginning on the East line of Section 34, T. 5 N., R. 63 W. of
the Sixth Principal Meridian from which point the SE Section
Corner bears S. 0° 17' 19" W. a distance of 1,326.75 feet;
1. Thence N. 89° 03' 50" W. a distance of 74.23 feet;
2. Thence S. 0° 56' 10" W. a distance of 315.0 feet, to a point of
curvature;
Thence 610.64 feet along the arc of a curve to the right whose
radius is 904.93 feet, central angle is 38° 39' 47" , and whose
chord bears S. 20° 16' 03" W. a distance of 599.12 feet;
4. Thence departing said curve on a tangent S. 39° 35' 56" W. a
distance of 90.6 feet;
5. Thence N. 50° 24' 04" W. a distance of 130.0 feet;
6 Thence S. 39° 35' 56" W. a distance of 160.0 feet;
7. Thence S. 50° 24' 04" E. a distance of 130.0 feet;
8. Thence S. 39° 35' 56" W. a distance of 336.37 feet , more or less,
to the South line of Section 34;
9. Thence N. 50° 24' 04" W. a distance of 160.0 feet;
10. Thence S. 39° 35' 56" W. a distance of 133.82 feet to the South
line of Section 34;
11. Thence N. 89° 41' 28" E. along the south line of section 34 a
distance of 338.95 feet;
12. Thence N. 39° 35' 56" E. a distance of 212.72 feet;
13. Thence N. 50° 54' 32" E. a distance of 50.99 feet;
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EXHIBIT "A"
(CONT)
14. Thence N. 39° 35' 56" E. a distance of 100.0 feet;
15. Thence N. 28° 17' 21" E. a distance of 50.99 feet;
16. Thence N. 39° 35' 56" E. a distance of 90.62 feet, to a
point of curvature;
17. Thence 477.49 feet along the arc of a curve to the left whose
radius is 1,004.93 feet, central angle is 27° 13' 27" , and whose
chord bears N. 25° 59' 13" E. a distance of 473.01 feet;
18. Thence N. 0° 17' 19" E. a distance of 514.33 feet, more or less,
to the point of beginning.
The above described parcel contains 3.972 acres, more or less, of
which 0.581 acres are in the present road.
2437262 B-1491 P-8 05/08/95 02:44P PG 5 OF 7
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EXHIBIT "A"
(CONT)
Also
Part of the SW 1/4 of Section 35, T. 5 N., R. 63 W. of the Sixth
Principal Meridian.
Considering the West line of Section 35 to bear N. 0° 17' 19" E. and
with all other bearings contained herein relative thereto:
Beginning on the West line of Section 35, T. 5 N., R. 62W., Sixth
Principal Meridian from which point the SW Section corner bears
S. 0° 17' 19" W. a distance of 1,326.75 feet.
1. S. 0° 17' 19" E. a distance of 514.33 feet;
2. Thence 200.63 feet along the arc of a curve to the left whose
radius is 1,004.93 feet, central angle is 11° 26' 20" , and whose
chord bears N. 6° 39' 20" E. a distance of 200.3 feet;
3. Thence N. 0° 56' 10" E. a distance of 315.0 feet;
4. Thence N. 89° 03' 50" W. a distance of 25.77 feet, more or less
to the point of beginning.
The above described parcel contains 0.240 acres, more or less.
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NOTICE: According to Colorado law you must commence any legal action based upon any
defect in this survey within three years after you first discover such defect. In no event may any
action based upon any defect in this survey be commenced more than ten years from the date of
the certification shown hereon.
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EXHIBIT "B"
Weld County
Bridge Replacement Project 50/67A
Temporary Construction Easements
Easement No.1
A rectangular area approximately 25' x 50' at approximately station 13+50. The easement is
located on the east side of the roadway.
Easement No.2
A rectangular area approximately 25' x 50' at approximately station 13+50. The easement is
located on the west side of the roadway.
Easement No.3
A rectangular area approximately 25' x 50' at approximately station 28+50. The easement is
located on the east side of the roadway.
Easement No.4
A rectangular area approximately 25' x 50' at approximately station 28+50. The easement is
located on the west side of the roadway.
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