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HomeMy WebLinkAbout950977.tiffRESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS -OF -WAY AND/OR EASEMENTS WITH JUDY A. STEVENS AND REGAN R. ROMERO 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 Judy A. Stevens and Regan R. Romero 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 Judy A. Stevens and Regan R. Romero 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 Count BY. Deputy Clerthe Board A( PRROVE[�AS TO FpRRA: 6 `AIIOfneV� 950977 (14: &3 ._der /'c/2ero BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COkO tr George E. Baxter C77j Constance L. Harbert EG0034 W438©39 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS -OF -WAY AND OR EASEMENTS THIS AGREEMENT, made and entered this 3 day of V7it 19 9C y and between Weld County, Colorado, by and through the Board of County gommissioners of the County of Weld, Colorado, hereinafter referred to as "County" and Judy A. Stevens and Regan R. Romero, whose address is 190 "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 thousand six hundred, ninety dollars and 00/100 cents ($ 1690.00), 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 as follows: The rights -of -way and or easements as described in the attached exhibit (s) "A" and "B". This Agreement is subject to the following conditions: 1. "Owner" shall furnish to "County" a Quit Claim Deed conveying rights -of way as described in the attached exhibit "A" for bridge 64/39A 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 1995 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. 5. This Agreement shall be deemed a contract extending to and binding upon the parties 2438034 B-1491 P-780 05/12/95 01:56P PG 1 OF 4 Weld County CO Clerk & Recorder REC DOC 0.00 950977 WITNESS 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. 6. Other conditions, terms or obligations: The "County" agrees to do the following; a. Pay "Owner" cash payment for the loss of trees, located within said R.O.W. described on exhibit "A", which is included in the R.O.W. payment. b. Replace existing concrete drop box, located at station 9+10, with a rip -rap drain. c. Any damage that occurs to concrete ditch during construction will be repaired. (74;\ IN WITNESS HEREOF, the parties hereto have subscribed their names this — day of 11 ATTEST: Clerk to By: Deputy / Clerk WELD COUNTY COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" "Owner" accepts the above proposal this 3 day of By: Ctic.• .Q,�� Juudy(JA. Stevens N ,.1 Wayne Howard Weld County Public Works Dept. 199 `--tr Regan R. Rome 2438034 B-1491 P-780 05/12/95 01:56P PG 2 OF 4 956977 0 m 2438034 B-1491 P-780 05/12/95 01:56P PG SCOTT, COX & ASSOCIATES, INC. 1530 55th Street Boulder, Colorado 80303 (303) 444-3051 Project No. 95179 Right of Way To Be Acquired From Parcel No. 3 Judy A. Stevens and Regan R. Romero For EXHIBIT A Weld County Bridge Replacement WEL 0640-039.0A Legal Description for Right -of -Way Acquisition A parcel of land located in the Northeast One -quarter of Section 32, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, and being a portion of that parcel conveyed to Judy A. Stevens and Regan R. Romero by Warranty Deed recorded in Book 1285 at Reception No. 02236287 of the records of Weld County, Colorado, and being more particularly described as follows: Commencing at the Northeast corner of said Section 32 and assuming the Nbrth line of said Northeast (NE) 1/4 as bearing S 89°59'07" W with all bearings contained herein relative thereto; Thence S 89°59'07" W, with the North line of said NE 1/4 of Section 32, a distance of 376.00 feet to a point in the East line of said parcel as recorded in Book 1285 at Reception No. 02236287; Thence S 09°50'56" E, with the East line of said parcel as recorded in Book 1285 at Reception No. 02236287, a distance of 30.45 feet, to the Point of Beginning; Thence S 09°50'56" E, continuing with the East line of said parcel as recorded in Book 1285 at Reception No. 02236287, a distance of 20.30 feet to the Northeast corner of Lot 1, Pleasant Valley Estates; Thence S 89°59'07" W, departing the East line of said parcel as recorded in Book 1285 at Reception No. 02236287 and parallel with the North line of said NE 1/4 of Section 32, a distance of 253.40 feet; Thence N 00°00'53" W, a distance of 20.00 feet; Thence N 89°59'07" E, parallel with the North line of said NE 1/4 of Section 32, a distance of 249.93 feet, to the Point of Beginning; The above described parcel of land contains 0.1155 acres, or 5033 square feet of land, more or less. 950977 EXHIBIT "B" WELD COUNTY BRIDGE REPLACEMENT PROJECT 64/39A Judy A. Stevens and Regan R. Romero TEMPORARY CONSTRUCTION EASEMENT A rectangular area approximately 255' x 30', starting from the south edge of new R.O.W. line at station 8+50, East 253' along new R.O.W. line to property line at station 11+03, South 30' along property line to station 11+08, West 258' to station 8+50, then North 30' to P.O.B. To be void after construction. This document not to be recorded. 2438034 B-1491 P-780 05/12/95 01:56P PG 4 OF 4 950977 Hello