HomeMy WebLinkAbout950978.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS -OF -WAY AND/OR EASEMENTS WITH JOHN E. DENNE AND ANNA B. DENNE
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 John E. Denne
and Anna B. Denne 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 John E. Denne and Anna B. Denne 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 CI; r to the Board
7APP D AS TO FOR
ounty Attorney
Aiu; Ae" n e
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CO • O
Dale K. Hall, Chairman
J. Kirkmeyer,
GeorgeZBaxter
X-- 1.
Constance L. Harbert
Webster
X/,
950978
EG0034
AK2436Q33
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS -OF -WAY AND OR EASEMENTS
THIS AGREEMENT, made and entered this 2g day of % a A , 19 9 Cby
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 John E. Denne and Anna B.
Denne, whose address is 1755 Glenmeadows Dr., 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 Eight hundred
and thirty-five dollars and 00/100 cents ($ 835.00 ), 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.
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5. 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.
6. Other conditions, terms or obligations:
The "County" agrees to do the following;
a. Relocate a field entrance located at station 10+80 to station
13+00 and reset existing culvert under new entrance .
4-4\ IN WITNESS HEREOF, the parties hereto have subscribed their names this
day of 119 .
ATTEST:
Clerk to
By:
Deputy (J Clerk
kg.47
WELD COUNTY COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS
Chairman
05
0895
THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER"
"Owner" accepts the above proposal this > day of)9)0A-441--, 19 9 Z5
By:
J
WITNESS
John E. Denne
/ Wayne Howard
Weld County Public Works Dept.
Anna B. Denne
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SCOTT, COX & ASSOCIATES, INC.
1530 55th Street
Boulder, Colorado 80303
(303) 444-3051
Project No. 95179
Parcel No. 1
John E. Denne & Anna B. Denne
Right of Way
To Be Acquired From
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 Southeast One -quarter of Section 29, Township 6 North, Range 65
West of the 6th Principal Meridian, Weld County, Colorado, and being a portion of that parcel
conveyed to John E. Denne and Anna B. Denne by warranty deed as recorded in Book 1263 at
Reception No. 02213077 of the records of Weld County, Colorado, and being more particularly
described as follows:
Commencing at the Southeast corner of said Section 29 and assuming the South line of said
Southeast (SE) 1/4 as bearing S 89°59'07" W with all bearings contained herein relative thereto;
Thence S 89°59'07" W, with the South line of said SE 1/4 of Section 29, a distance of 389.26 feet
to a point in the West line of said parcel recorded in Book 1263 at Reception No. 02213077;
Thence N 08°37'09" W, departing the South line of said SE 1/4 of section 29 and with the West
line of said parcel recorded in Book 1263 at Reception No. 02213077, a distance of 30.34 feet, to
the Point of Beginning;
Thence N 08°37'09" W, continuing with the West line of said parcel recorded in Book 1263 at
Reception No. 0213077, a distance of 20.23 feet;
Thence N 89°59'07" E, departing said West line and parallel with the South line of said SE 1/4 of
Section 29, a distance of 360.27 feet;
Thence S 07°1T41" E, a distance of 20.16 feet;
Thence S 89°59'07" W, parallel with the South line of said SE 1/4 of Section 29, a distance of
359.77 feet, to the Point of Beginning; The above described parcel of land contains 0.1653 acres,
or 7200 square feet of land, more or less.
ice" 25953 �a
9*1. j.'„ -:o.
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EXHIBIT "B"
WELD COUNTY
BRIDGE REPLACEMENT PROJECT 64/39A
John E. Denne & Anna B. Denne
TEMPORARY CONSTRUCTION EASEMENT
A rectangular area approximately 130' x 30', starting from the north edge of new R.O.W line at
station 10+74, North 30' along property line at station 10+69, East 131' to station 12+00, South
30' to new R.O.W line at station 12+00, then West 126' along new R.O.W line to P.O.B.
To be void after construction.
This document not to be recorded.
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