HomeMy WebLinkAbout780321.tiff RESOLUTION
RE: SUBSTITUTION OF NEW LEASE FOR PRIOR LEASE BETWEEN WELD COUNTY
AND HAROLD W. LAW REGARDING PROPERTY KNOWN AS THE DAVIS RANCH.
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 , on the 15th day of March, 1976 , Weld County entered
into a lease agreement with Harold W. Law as Lessee, wherein
Harold W. Law leased certain property located in Sections 1, 2, 11 ,
and 12 in Township 5 North, Range 65 West of 6th P.M. , commonly
known as the Davis Ranch, and
WHEREAS, it has come to the attention of the Board of County
Commissioners and Harold W. Law that the original lease was vague
in its terms as to the expiration of said lease and was further
vague with regard to certain terms concerning maintenance of the
improvements on the real estate covered by said lease, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, deem it advisable and in the best interest of Weld County
to substitute in its place a cash rental lease effective on the
1st day of March, 1978 which is to expire by its own terms on the
1st day of March, 1979 , a copy of said cash rental lease being
attached to this Resolution and incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County, Colorado that the cash rental lease effective
the 1st day of March, 1978 between Weld County and Harold W. Law,
be and hereby is approved and the Board of County Commissioners of
Weld County, Colorado are hereby authorized to execute said lease
on behalf of Weld County.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 5th day of
April A.D. , 1978 .
; -�' BOARD OF COUNTY COMMISSIONERS
ATTEST: * ,o.„A if WELD COUNTY, COLORADO 780321
Weld County Clerk and Recorder
and Clerk to the ,Board
Deputy Couirt Clerk / ' '
'y Date
A BRO D AS TO 1 , v� Ck'.i�'Qc��---
Presented
4/5/78
ounty Attorney
CASH RENTAL LEASE
THIS LEASE is effective the 1st day of March, 1978 , by and
between WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
COLORADO, BY THE BOARD OF COUNTY COMMISSIONERS FOR ITS RESPECTIVE
INTERESTS, hereinafter called Lessor, and HAROLD W. LAW, herein-
after called Lessee, WITNESSETH:
The Lessor hereby leases to the Lessee to occupy and use for
agricultural and related purposes, the following described property
in the County of Weld, and State of Colorado, to-wit:
Parcels located in Section 1, 2, 11, and 12, Township
5 North, Range 65 West of the 6th Principle Meridian,
said area being more particulary described in Exhibit
A, attached hereto and made a part hereof by reference
1. Term - The term of this lease shall be from March 1, 1978
to March 1, 1979 , and it is declared by and between the parties
to this lease that said lease shall expire by its own terms on the
1st day of March, 1979 without notice by either party.
A. CONTINUOUS OCCUPANCY - The Lessee agrees that he or his
agent will possess and occupy the property continuously dur-
ing the term of the lease, and shall not have the right of
assignment of this agreement.
B. SURRENDER OF POSSESSION - The Lessee agrees to surrender
possession and occupancy of the premises peaceably at the
termination of the lease.
C. REVIEW OF LEASE - A request for a review of any portion
of this Lease or any of the terms and conditions thereof,
must be made and agreed to by and between the parties no
later than the 1st day of September in the year prior to the
termination of this Lease or any renewal thereof. All amend-
ments and alterations to this Lease shall be in writing and
signed by both parties to this Lease.
2. RENT - The rent to be reserved by, and paid to Lessor
shall be the sum of cash rental of Twenty-two Thousand Six Hundred
Dollars ($22 , 600. 00) , payable on or before the 15th day of March,
1978 .
3 . RIGHT OF ENTRY - The Lessor reserves the right of the
County, its agents , its employees, or its assigns to enter the
property at any resonable time for purposes (a) of consultation
with the Lessee; (b) of making inspections ; (c) of developing
mineral resources including the extraction of sand and gravel;
and (d) after notice of termination of the lease is given, of
plowing, seeding, fertilizing, and such customary seasonal work,
none of which is to interfere with the Lessee in carrying out
regular farm and ranch operations.
4. RIGHT TO LEASE - The Lessor warrants that he has the
right to lease the property, and will defend the Lessee ' s posses-
sion against any and all persons whomsoever.
5. GENERAL MAINTENANCE - The Lessee will operate the pro-
perty during his tenancy in a manner commensurate with good farm-
ing and ranching practices in Weld County. Upon the termination
of this Lease, the Lessee shall return the property in the same
condition as said property was received by the Lessee on the 15th
day of March, 1978, normal wear and depreciation excepted, and
further all damage from causes beyond the Lessee ' s control ex-
cepted. The Lessee shall perform a general routine maintenance
and repairs as needed on all fences and buildings. The Lessor
shall perform all major repairs , as needed, and further agrees
that said Lessor will make all repairs to all wells upon the pre-
mises leased. Whenever any fences need to be repaired, the mat-
erials shall be supplied by the Lessor and the labor shall be
furnished by the Lessee. Lessor agrees to perform all major main-
tenance on all irrigation ditches and head gates including, cement
work, and Lessee agrees to perform all routine maintenance on all
irrigation ditches and head gates and further, Lessee agrees to
perform all maintenance on all irrigation ditches and head gates
when damage is caused by livestock or is caused by any negligent
act of the Lessee.
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6. GOOD HUSBANDRY - The Lessee will operate the property
in an efficient and husband like way, will do the pasturing,
plowing, seeding, cultivating and harvesting in a manner that
will conserve the Lessor' s property.
A. The Lessee will not commit waste on, or damage to,
the property and will use due care to prevent others from
so doing.
B. The Lessee will not, without written consent of the
Lessor, (a) plow permanent pasture or meadowland, irrigated
pasture excepted, (b) cut live trees for sale or personal
uses, (c) allow livestock other than his own on stalkfields
or stubblefields, and (d) burn or remove cornstalks , corn-
cobs, straw or other crop residues grown on the property.
C. The Lessee will use diligence to prevent noxious weeds
from going to seed on the property and will destroy the
same, and will keep the weeds and grass cut or destroyed
on the fields , farmstead, roadside and fence rows.
7. ADD IMPROVEMENTS - The Lessee will not, without written
consent of the Lessor, (a) erect or permit to be erected on the
property any nonremovable structures or buildings , or (b) incur
any expense to the Lessor for such purpose, or (c) add electrical
wiring, plumbing or heating to any buildings , and if consent is
given, he will make such additions meet standards and require-
ments of power and insurance companies.
8. WATER - Lessor agrees that Lessee shall have all water
for domestic and/or irrigation which Lessor owns with said pro-
perty. Lessor shall pay all water assessments.
9. The obligations , benefits , terms and conditions of this
Lease shall inure to and be binding upon the heirs , and personal
representatives of the Lessee.
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IN WITNESS WHEREOF, the said parties have hereunto sub-
scribed their names and signed the same this 5th day of
April, A.D. , 1978.
WELD COUNTY, A POLITICAL SUB-
DIVISION OF THE STATE OF COLORADO,
BY THE BOARD OF COUNTY COMMISSIONERS
FOR ITS RESPECTIVE INTERESTS
(LESSOR) IN
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‘77(ATTEST: (i?a t� (:•?•,a.,,1- ��/,,:i!.,�la rti
Weld County Clerk and Recorder
and Clerk to the ,Boa
( BY.:: (i.rtx_ i)ilY kj, ‘,/1 t i'? AJ 6L.L.1
- , Deputy County-Cc- '
ROVED AS TO FORM:
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County Attorney
ACCE'TED:
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Harold W. L w
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ExHIt CT A
In Township 5 North, Range 65 West of the 6th P . M. :
Weld County, Colorado
Section 1 : S1/2S1/2
All that part of the NE4 of the N1 of the SEq lying
south of Colorado Highway #263 except parcel containing
8 . 6 acres more or less described in deed recorded in
Book 1513 , page 141 , Weld County Records .
However , it is specifically understood and agreed that
the part thereof lying North and West of the Ogilvy
Ditch, which comprises approximately 16 acres ,
together with the improvements thereon, and more
particularly described as follows , is excluded from
this agreement.
Beginning at the North Quarter Corner (N; 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 .
Section 2 : All that part of the E; of the SEa lying south of State
Highway #263 as presently construed, being more particu-
larly described as follows : Beginning at the southeast
corner of said Section 2 , and considering the East line
of the SEq of said Section 2 as bearing North 01° 05 '
46" East, with all other bearings contained herein
relative thereto; thence North 01° 05 ' 46" East, along
the East line of the SE; of said Section 2 , 1429 . 39 feet
to a point on the South right of way line of Colorado
State Highway #263 ; thence South 60° 39 ' 19" West, along
said South right of way line, 1535 . 88 feet; thence South
01° 02' 52" West, 672 . 04 feet to the south line of the
SE3 of said Section 2 ; thence South 89 ° 48 ' 16" East,
along the south line of the SEa 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 NE4 of the NWa lying and being South
of the Cache la Poudre River; the Sz of the NWn , the
NEa, the West 20 rods of the Nz of the SE;, 17 . 83 acres
in the NWa of the SE4 as described in deed recorded in
Book 241 , page 233 , Weld County Records .
That part of the NE4 of the NWa lying north of the
Cache la Poudre River and East of Sand Creek.
EXCEPTING AND RESERVING unto the Estate of Robert S .
Davis , deceased, approximately 6 . 5 acres located near
the South line of the NE; of said Section 11 together
with the improvements thereon. (This exception to be
described by metes and bounds from a survey to be paid
by Seller. )
Section 12 : The Nz of the NW' , the SEa of the NWi , the SWq of the
NWq , the NEq excepting therefrom that parcel of land
described as beginning at the southwest corner of the
NEa of said Section 12 , thence East along the South
line thereof to the Southeast corner of said quarter
section, thence North along the East line of said
Section 1000 feet thence southwesterly to the point
of beginning. Also excepting a right of way and a
parcel of land in the NE; of the NEa of said Section 12
lying East of the Platte River as conveyed by deed
recorded in Book 985 , page 317 , Weld County Records .
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. Also together with all other water, water rights
and rights to the use of water for irrigation and domestic purposes
owned by Lessor and used on said lands above described and all
rights of way and easements for ditches , pipelines or other conduits
for the purpose of delivery of irrigation and domestic water to
said lands , including domestic and irrigation wells and pumping
plants , if any.
Said lands comprises 800 acres , more or less .
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May 5, 1978
TO: Stockholders, Ogilvy Irrigating and Land Company
We have finished installing the measuring devices we
are going to install this year and plan to put in the
remainder of them in the next two years. Bill McMurry has
done a good job of installation. This will help in his
water management of the ditch. We are also going to install
clips at each headgate to communicate messages from the ditch
rider or to the ditch rider.
We want to also emphasize the twelve hour notice prior
to opening and closing headgates. The hours to call are
from 5 : 30 to 6: 30 A.M. or 5:00 to 6: 30 P.M.
If there are any questions or problem with water be sure
to contact the ditch rider.
BOARD OF DIRECTORS
By LOREN COCKROFT
President
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