HomeMy WebLinkAbout950937.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS -OF -WAY AND/OR EASEMENTS WITH EQUUS 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 Equus 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 Equus 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.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld Count
BY.
Deputy Clerk the Board
APP' . I ED AS TO FORM:
County
y
LD COUNTY, COL RA
Dale K. Hall, Chairman
FXfLISFn fATF OF SIfNINf; (AYF)
Barbara). Kirkmeyer, Pro-Tem
eorge E. after
Fxrd ISFn
Constance L. Harbert
1 t (
W. H.Webster
n
950937
EG0034
AR24372b1
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS -OF -WAY AND OR EASEMENTS
THIS AGREEMENT, made and entered this / day of 1,/Y/ , 192-5 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 Equus Farms, Inc. whose
address is 555 17th St., #2400, Denver, CO 80202, 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
dollars and 00/100 cents ($ 1000.00), 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".
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 50/67A 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
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Weld County CO Clerk & Recorder
REC DOC
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950937
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:
a. The existing railroad crossing for Weld County Rd 50 will abandoned and
upon such abandonment, the right-of-way for said crossing will revert and
be conveyed by the "County" to the "Owner" .
St IN WITNESS HEREOF, the parties hereto have subscribed their names this
day of f q t 119 95.
ATTEST:
Clerk to
BY: W lc.i P / Y (,c V Qfi
Deputy (' Clerk
WELD COUNTY COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS
Chairman
THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER"
"Owner" acts the above proposal this i day of I)
Euuus F
WITNESS
J. Robetovell
Vice President
/ Wayne Howard
Weld County Public Works Dept.
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EXHIBIT "A"
Parcel 1
Part of the NE 1/4 of Section 3, T.4N., 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 N 1/4 Corner of Section 3, T. 4 N., R. 63 W.
of the sixth principal meridian bears N. 68°46' 19" W. a distance of
1,961.63 feet.
1. Thence S. 39° 35' 56" W. a distance of 250.0 feet to the northerly
line of Weld County Road 380;
2. Thence S. 50° 06' 53" E. along the northerly line of Weld County
Road 380 a distance of 100.0 feet;
3. Thence N. 39° 35' 56" E. a distance of 250.0 feet to the northerly
right of way line of the Union Pacific Railroad;
4. Thence N. 50° 06' 53" W. along said railroad right of way a distance
of 100.0 feet, more or less, to the point of beginning.
The above described parcel contains 0.574 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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950937
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