HomeMy WebLinkAbout950976.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS -OF -WAY AND/OR EASEMENTS WITH MORO FARMS, INC., 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 Moro 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 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 Moro 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 8th day of May, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CpLO, IDO
ATTEST:
Weld Coil
BY.
Deputy Clero the Board
7DASTO FOR :Dy Attorn y 1-----1
W. H. Webste
2
a J. Kirkmeyer, Pr
George P Baxter
Constance L. Harbert
"6<J). /"%rO
950976
EG0034
AK2438t167
AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS -OF -WAY AND OR EASEMENTS
THIS AGREEMENT, made and entered this 3 day of . 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 Moro Farms Inc., whose address
is 19503 WCR 66, Greeley, CO 80632, 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 Four hundred
and twenty dollars and 00/100 cents ($ 420.00), 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
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Weld County CO Clerk & Recorder
REC DOC 950976
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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. Reconstruct the existing driveway entrance, located at station 8+00, to
match the new roadway and replace existing culvert under said driveway.
with a 21" arched pipe.
b. Driveway at station 9+00 will be abandoned by "Owner" and area will
be graded to match existing contours.
c. Install approximately 200' of concrete ditch beginning at station 8+25 and
ending at station 10+25 for the purpose of erosion control.
IN WITNESS HEREOF, the parties hereto have subscribed their names this
A - day of ) 19 95.
ATTEST:
0
Clerk to
By:
Deputy 6 Clerk
V
AnitAi
WELD COUNTY COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS
Chairman
THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER"
"Owner" accepts the above
proposal this 3 day of
By: , �I� crvLSdy
David L. Monson
WITNESS
Wayne Howard
Weld County Public Works Dept.
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D5/pi1/415"
, 19 Qt,
950976
SCOTT, COX & ASSOCIATES, INC.
1530 55th Street
Boulder, Colorado 80303
(303) 444-3051
Project No. 95179
Parcel No. 2
Moro Farms, Inc.
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 Moro Farms, Inc. by Quit Claim Deed as recorded in Book 1442 at Reception No.
02389168 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 East line of said parcel as recorded in Book 1442 at Reception No. 02389168,
said point also being in the West line of a parcel as 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 East line of said parcel as recorded in Book 1442 at Reception No. 02389168, a distance
of 30.34 feet, to the Point of Beginning;
Thence S 89°59'07" W, departing the East line of said parcel as recorded in Book 1442 at
Reception No. 02389168 and parallel with the South line of said SE 1/4 of Section 29, a distance
of 176.93 feet;
Thence N 00°00'52" W, a distance of 20.00 feet;
Thence N 89°59'07" E, a distance of 173.90 feet to a point in the East line of said parcel as
recorded in Book 1442 at Reception No. 02389168;
Thence S 08°37'09" E, with the East line of said parcel as recorded in Book 1442 at Reception
No. 02389168, a distance of 20.23 feet, to the Point of Beginning; The above described parcel of
land contains 0.0805 acres, or 3508 square feet of land, more or less. .„
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EXHIBIT "B"
WELD COUNTY
BRIDGE REPLACEMENT PROJECT 64/39A
Moro Farms Inc.
TEMPORARY CONSTRUCTION EASEMENT
Starting from the north edge of the existing R.O.W. line at station 5+89, North 20' along property
line to station 5+86, East 164' to station 7+50, North 30' at station 7+50, East 319' to property line
at station 10+69, South 30' along property line to new R.O.W. line at station 10+74, West 174' along
new R.O.W. to station 9+00, south 20' along new R.O.W. to existing R.O.W. line at station 9+00,
then West 311' along existing R.O.W. line to P.O.B..
To be void after construction.
This document not to be recorded.
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950976
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