HomeMy WebLinkAbout750352.tiff RESOLUTION
IN THE MATTER OF THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY,
COLORADO, PURCHASING LAND JUST EAST OF GREELEY, COLORADO, TO BE
USED FOR COUNTY PURPOSES.
WHEREAS, the Board of County Commissioners, Weld County,
Colorado, has determined that certain lands just East of Greeley,
Colorado and located near the Poudre River are available and
desirable for County use, said property more particularly described
as follows;
A tract of land located in the SEa of Section 1,
Township 5 North, Range 65 West of the 6th P.M.
Weld County, Colorado lying North and West of the
Ogilvy Ditch as the same is now constructed, and
being more particularly described as follows:
Beginning at the North Quarter Corner (Na Cor. ) of
said Section 1, and considering the North-South
centerline of Section 1, as bearing South 00° 33 ' 14"
West, with all other bearings contained herein being
relative thereto; thence South 00° 33 ' 14" West,
along the North-South centerline of said Section 1,
3175. 57 feet to a point on the Southerly R-O-W line
of Colorado State Highway No. 263, said point being
the True Point of Beginning; thence North 78° 10 ' 11"
East, along the Southerly R-O-W line of said Colorado
State Highway No. 263, 1413 . 92 feet to a point on the
approximate Northwesterly R-O-W line of the Ogilvy
Ditch as the same is now constructed; thence along
the approximate Northwesterly R-O-W line of said
Ogilvy Ditch by the following courses and distances:
South 16° 52 ' 20" East, 144. 00 feet;
South 21° 42 ' 45" East, 210. 97 feet;
South 09° 28 ' 09" West, 84. 09 feet;
South 50° 06 ' 41" West, 103. 06 feet;
South 77° 33 ' 22" West, 135. 50 feet;
South 79° 23 ' 31" West, 402. 37 feet;
South 77° 44 ' 05" West, 188. 75 feet;
South 34° 47 ' 38" West, 382. 62 feet;
South 63° 47 ' 35" West, 127 . 25 feet;
North 82° 05 ' 07" West, 63 . 15 feet;
North 43° 15' 05" West, 152. 37 feet;
North 60° 38 ' 55" West, 214. 30 feet;
North 76° 02 ' 33" West, 67. 72 feet;
North 02° 58 ' 31" West, 394. 35 feet to the Southerly R-O-W
line of Colorado State Highway No. 263, thence North
78° 10 ' 11" East 92. 30 feet to the True Point of Beginning
where the North-South centerline of said Section 1
intersects the Southerly R-O-W line of Colorado State
Highway No. 263, and
WHEREAS, the Board deeming it advisable and in the best interests
of the County, has entered into an Agreement with the Estate of
Robert S. Davis, deceased, by which the County purchases the real
estate hereinabove described for the total purchase price of Thirty
Thousand dollars ($30, 000) , and
NOW, THEREFORE, BE IT RESOLVED that the Board of County
Commissioners, Weld County, Colorado, hereby affirms and ratifies
the said agreement to purchase said property, hereinabove described.
P OO n 750352
•
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 7th
day of January, A.D. 1976, nunc pro tunc as of October 1, 1975.
BOARD OF COUNTY COMMISSIONERS
WE? COUNTY, COLORADO
L,6/Je(c -29‘1.16--etc-F
,..,,..gi
ATTEST: l��, r�l/> 'G
Weld County Clerk and Recorder
and Clerk to the Board
, 1
BY .°itt y Co a�C � 'r;1(a/aati
` Deputy County Clerk
/
APF(3€VED AS TO FORM:
V
(4;ecial Le al Cohncel
AGREEMENT FOR SALE AND PURCHASE
OF REAL ESTATE
Octobe HIS AGREEMENT MADE AT Greeley, Colorado this 1st day of
Xai'4x, 1975 , between the ESTATE OF ROBERT S . DAVIS, DECEASED
("Estate") and WELD COUNTY, COLORADO ( "County")
WITNESSETH THAT in consideration of the payment by the
County to the Estate of the sum of $30 , 000 . 00 in cash, the Estate
agrees to sell to the County and the County agrees to purchase
from the Estate the property described in Exhibit A attached hereto
and incorporated herein by reference, hereinafter referred to as
the "Premises" .
This agreement of sale and purchase is subject to the follow-
ing conditions:
1. The Estate shall furnish to the County a commitment to
insure the title to said property issued by Transamerica Title
Insurance Company which shall reveal a marketable title to said
property in the Estate and after closing the Estate shall cause to
be issued to the County a title insurance policy by which a market-
able title to the above described property free and clear of liens
and encumbrances is insured in the County.
2 . Taxes on said Premises for the year 1975 shall be pro-rated
as of December 1, 1975.
3 . Hazard insurance covering the improvements on said property
shall be carried by the County from and after the date of the exe-
cution of this agreement and risk of loss thereafter shall be the County' s .
4 . Title to said property shall be conveyed by personal
representatives ' deed free and clear of liens and encumbrances
but subject to reservations, exceptions , covenants, conditions and
restrictions evidenced by instruments of record, rights of way and
easements created by instruments of record or established on the
premises.
This transaction shall be closed by delivery of the deed, possession,
title insurance commitment and payment of the purchase price on or
before December 1, 1975 .
Time is of the essence hereof and if any payment or other
condition hereof is not made or performed by either the Estate or
the County as herein provided, then this contract shall be void and of
no effect and both parties hereto shall be released from all obliga-
tions hereunder, at the option of the party who is not in default.
In the event of such a default by the County and the Estate elects
to treat the contract as void, then all payments made by the County
shall be retained by the Estate as liquidated damages . In the event
the non-defaulting party hereto elects to treat this contract as
being in full force and effect, then nothing herein shall be
construed to prevent its specific performance.
IN WITNESS WHEREOF the parties hereto have hereunto subscribed
their names the day and year first above written.
ESTATE7OF ROBERT S. DAVIS, DECEASED BOARD OF COUNTY COMMISSIONERS
By f -. f _ WELD COUNTY, COLORADO
/4-
-et LEY AV S By���rJG[.Gc w- f
By BY O . ,
RNARD H UTCHENS i .
/
750 0
A tract of land located in the SEa of Section 1, Township
5 North, Range 65 West of the 6th P.M. Weld County, Colorado
lying North and West of the Ogilvy Ditch as the same is now
constructed, and being more particularly described as follows :
Beginning at the North Quarter Corner (N4 Cor. ) of said
Section 1, and considering the North-South centerline of
Section 1, as bearing South 00°33 ' 14" West, with all other
bearings contained herein being relative thereto; thence South
00°33 '14" West, along the North-South centerline of said
Section 1, 3175. 57 feet to a point on the Southerly R-O-W
line of Colo. State Highway No. 263, said point being the True
Point of Beginning; thence North 78°10 '11" East, along the
Southerly R-O-W line of said Colorado State Highway No. 263,
1413. 92 feet to a point on the approximate Northwesterly R-O-w
line of the Ogilvy Ditch as the same is now constructed; thence
along the approximate Northwesterly R-O-W line of said Ogilvy
Ditch by the following courses and distances:
South 16°52 '20" East, 144.00 feet;
South 21°42 ' 45" East, 210. 97 feet;
South 09°28 '09" West, 84.09 feet;
South 50°06 '41" West, 103. 06 feet;
South 77°33 '22" West, 135. 50 feet;
South 79°23 ' 31" West, 402 . 37 feet;
South 77°44 ' 05" West, 188. 75 feet;
South 34°47 ' 38" West, 382.62 feet
South 63°47 ' 35" West, 127.25 feet;
North 82°05 ' 07" West, 63. 15 feet;
North 43°15 ' 05" West, 152. 37 feet;
North 60°38 ' 55" West, 214 . 30 feet;
North 76°02 ' 33" West, 67. 72 feet;
North 02°58 ' 31" West, 394 , 35 feet to the Southerly R-O-W line
of Colorado State Highway No, 263; thence North 78°10 ' 11" East 92. 30
feet to the True Point of Beginning where the North-South centerline
of said Section 1 intersects the Southerly R-O-W line of Colorado
State Highway No. 263.
Exhibit A
oK 1.767636
'786 .,2 -
In Township 5 North , Range 65 West of the 6th P . M. :
WELD COUNTY , COLORADO
Section 1: SCSC
All that part of the NEC and the N' of the SEC lying south of
Colorado Highway #263 excepting that part thereof lying north
of the Ogilvy Ditch, which comprises approximately 16 acres,
, ,- together with the improvements thereon, conveyed by deed
recorded December 23, 1975 in Book 755 under Reception No. 1677479,
6.44 Ye}d &oy t�o un Re ords, agd parcel conveyed by deed recorded in Book 1513, page
y ecor s.
Section 2: All that part o₹ the EC of the SE; lying South of State Highway #263
as presently constructed, being more particularly described as
follows: beginning at the southeast corner of said Section 2, and
considering the East line of the SEA of said Section 2 as bearing
j North 01 05' 46" East, with all gther bearings contained herein
/ (-' L' relative thereto; thence North 01 05' 46" East, along the East
line of the SEC of said Section 2, 1429.39 feet to a point on the
South right of way line of Colorado State Highway #263 ; thence
South 600 39' 19" West, along said South right of way line, 1535.88
feet; thence South 010 02' 52" West, 672.04 feet to the South line
of the SEC of said Section 2, thence South 89° 48 ' 16" East, along
the south line of the SEC of said Section 2, 1323.77 feet to the
southeast corner of said Section 2, said point being the point of
beginning, said described parcel of land contains 31.936 acres, more
or less.
Section 11: That part of the NEC of the NWT lying and being South of the Cache
la Poudre River; the SC of the NW', the NEC, the West 20 rods of the
NC of the SEC, 17.83 acres in the NW' of the SEC as described in deed
ti,":',---38° recorded in Book 241, page 233, Weld County Records.
A:2 3 - That part of the NEC of the NW' lying north of the Cache la Poudre
River and East of Sand Creek.
4 L} EXCEPT approximately 6 acres located near the south line of the NEC
of said Section 11 together with the improvements thereon, conveyed
/ - c; by deed recorded January 16, 1976 in Book 757 under Reception
No. 1679098 of the Weld County Records.
Section 12: The NC of the NWT, the SEC of the NW' the SWC of the NW' the NEC 14
excepting therefrom that parcel of land described as beginning at � 6 '
the southwest corner of the NEC of said Section 12, thence East along the
aS ,;' )' South line thereof to the Southeast corner of said quarter section,
h thence North along the East line of said Section, 1000 feet; thence,
/d 4./e' 7 southwesterly to the point of beginning. Alsp excepting a right of
way and a parcel of land in the NEC of the NEC, of said Section 12
j c 2/-)K) lying East ofthe Platte River as conveyed by deed recorded in Book `
985, page 317, Weld County records.
‘u_3)L,r_ iCcc, ; >i'y . 7/ \kyr , ', ` ';J
TOGETHER with 17 shares of the capital stock of The Delta Irrigation Company and
3 shares of the capital stock of The Ogilvy Irrigating and Land Company.
EXHIBIT A
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Penn clod n! _. __.h1.
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PERSONAL REPRESENTATIVES' DEED
.. .BEL3..Q__(11i,.r.
eH
THIS DEED is made by FRANK STANLEY DAVIS and •
BARNARD HOUTCHENS , AS PERSONAL REPRESENTATIVES OI' THE ESTATE
OF ROBERT S . DAVIS , DECEASED , Grantors , to
- COUNTY OF WELD, STATE OF COLORADO
Grantee , whose address is Greeley , Colorado 8063].
WHEREAS , the above named decedent in his lifetime made
and executed his Last Will and Testament dated August 28 , 1971 ,
which Will was duly admitted to formal probate or. December. 26 ,
1974 , by the District Court in and for the County of Weld and
State of Colorado, Probate No. P-13356 ;
WHEREAS , Grantors were duly appointed Personal
Representatives of said Estate on December 26 , l574 , and are
now qualified and acting in said capacity ;
NOW, THEREFORE, pursuant to the power conferred upon
Grantors by Article 3 , Section 711 of the Colorado Probate Code ,
and for the consideration of $497 , 600 . 00 , Grantors sell and
convey to Grantee the following real property in Weld County , '
Colorado:
THE PROPERTY HEREBY CONVEYED IS DESCRIBED
IN EXHIBIT A ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE
with all appurtenances , subject to taxes for the year 1975
and thereafter, and except prior reservations and conveyances of
oil , gas and other minerals , exceptions , reservations , covenants ,
conditions and restrictions created by instruments of record and
rights of way and easements established on the premises and subject
to building and zoning regulations .
Grantors further hereby represent and declare and
the Grantee in accepting this deed joins in and adopts said
representation and declaration , that the Grantee is not Grantors '
agent or attorney or a corporation or trust in which Grantors have
a beneficial interest; and that this deed is not part of a trans--
action which is affected by a conflict of interest on the port
of the personal representatives.
Executed December 30 1p76 . /
F1 ANK -STANLEY ;DAVIE
' . * 11
BARNARD HOUTCHENS
AS. PERSONAL REPRESENTATIVES OF THE
ESTATE OF ROBERT S . DAVIS , DECEASED
STATE OF COLORADO )
ss .
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 3c,
day of December , 1976 by FRANK STANLEY DAVIS AND BARNARD IOUTCHENS
AS PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT S. DAVIS ,
DECEASED.
Witness my hand and official seal .
My commission expires October 1 , 1977 N
. .., , ..' —
— Notary Pub:_a.c
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