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Home My WebLink About20090117.tiffRESOLUTION RE: DECLARE CERTAIN PROPERTY AS SURPLUS, APPROVE VARIOUS DOCUMENTS FOR PURCHASE OF PROPERTY, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - WELD COUNTY SCHOOL DISTRICT NO. 6 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, State statute and the Weld County Code require that all items disposed of be declared surplus by the Board of County Commissioners, and WHEREAS, the County has determined that certain property, described as: One modular building to which is attached a bracket, saying, "SD60HS1", located at East Memorial School, 614 East 20th Street, Greeley, Colorado 80631, is no longer required for County use, and WHEREAS, the Board has been presented with a Bill of Sale and Quit Claim Deed between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Weld County School District No. 6, 1025 9th Avenue, Greeley, Colorado 80631, for and in consideration of the sum of $15,000.00, with further terms and conditions being as stated in said Bill of Sale and Quit Claim Deed, and WHEREAS, the Board deems it advisable to declare said property as surplus, and WHEREAS, after review, the Board deems it advisable to approve said Bill of Sale and Quit Claim Deed, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned property be, and hereby is, declared surplus. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Bill of Sale and Quit Claim Deed, in the amount of $15,000.00, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Weld County School District No. 6 be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all related documents. 2009-0117 PR0031 ,-,e ,. Acct o (0 /Orfi SURPLUS MODULAR PROPERTY, BILL OF SALE, AND QUIT CLAIM DEED - WELD COUNTY SCHOOL DISTRICT NO. 6 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of January, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD 7COLORADO William F. Garcia, Chair ATTEST: Weld County Clerk to BY: Deputy Cler o the boa` Date of signature- ounty Attorney Dougla9 Raderr%aacher, Pro-Tem 2r Sean P. Conway arbara Kirkmeyer David E. Long li 2009-0117 PR0031 ss€ BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that the COUNTY OF WELD, a body politic and corporate of the STATE OF COLORADO, of the first part, for and in consideration of the sum of Fifteen Thousand and no/100's Dollars ($15,000.00), in hand paid by WELD COUNTY SCHOOL DISTRICT NO. 6, of the second part, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does grant and convey, unto the said party of the second part, its executors, administrators, successors or assigns, the following property, goods and chattels, to wit: One modular building to which is attached a bracket, saying, "SD60HS1." The party of the first part accepts the modular building in an "as is -where is" condition, without warranty, including the absence of warranty of fitness or marketability. TO HAVE AND TO HOLD the same unto the said party of the second part, its executors, administrators, successors or assigns, forever. FURTHERMORE, if the modular building is to be removed from its current location, such removal shall be coordinated with the party of the first part and the total cost of such removal shall be paid for by the party of the second part. IN WITNESS WHEREOF, The party of the first part has hereunto set its hand and seal this 12th day oanuarx, x,009; ATTEST: CLERK TO THE BOARD COUNTY COMMISSION BY:A Deputy CleyJz'to the Board STATE OF COLORADO County of Weld ss. The foregoing instrument was ackngw by William F. Garcia, Chairman, Board..: +e: ?f N0TAR Witness my hand and official s a1 his ,l,? th POBUGI :< My commission expires: COUNTY OF WELD, A BODY POLITIC AND CORPORATE OF THE STATE OF COLORADO BY: l illiafii F. Garcia, Chairman JAN 1 2 ?ON d before me this 12th day of January, 2009, missioners of the County of Weld. f January, A.D., 2009. E-.nt,sMa/192001 THE PARTY OF THE FIRST PART hereby accepts this grant and conveyance of the modular building described above, according to the terms stated herein. %Ut The foregoing instrument was acknowledged before Eads, Chief of Operations, Weld County School Witness my hand and official seal this My commission expires: WELD COUNTY SCHOOL DISTRICT NO. 6 BY: (Ci Wayne ads, Chief of Operations 'bay of January, 909, by Wayne u f MY COMMISSInfi EXPIRES. 10.07.201' ., 2009. 1 111111 11111 1111111111 1111111 1111 111111 111 1111111111111 3609356 03/06/20(19 12:30P Weld County, CO 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-0117 357 QUIT CLAIM DEED THIS DEED is made this 12th day of January, 2009, between the COUNTY OF WELD, a body politic and corporate of the STATE OF COLORADO, of the first part, and to WELD COUNTY SCHOOL DISTRICT NO. 6, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of Fifteen Thousand Dollars ($15,000.00), and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described real property situate, lying and being in the County of Weld and State of Colorado, to wit: One modular building to which is attached a bracket, saying, "SD60HS 1." TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, William F. Garcia, Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 12th day of January, 2009, have hereunto set my hand and affixed the seal of said County this 12th day of January, 2009, for the uses and purposes therein set forth. ATTEST: CLERK TO THE BOARD COUNTY COMMISSION BY: ,t[ 14 /14_ L , y�`� 1' Deputy Clerk to the Board STATE OF COLORADO ) County of Weld ) ss. COUNTY OF WELD, STATE OF COLORADO, A BODY POLITIC AND CORPORATE OF THE STATE OF L ) ) COLORADO / BY: cl William F. Garcia, Chairman Board of County Commissioners of the County of Weld JAN 1 2 2009 The foregoing instrument was acknowledged before me this 1 9th day of January, 2009, by William F. Garcia, as Chairman of th agd u County Commissioners of the County of Weld, State of Colorado. •••• 'e-NOTARY`i4. Witness my hand and official seal eiis ?And January, 2009. P•� My commission expires: MvCommIIssvc -_zc. `cif li2al 1111111 11111 11111111111111111 IIII 111111111 11111 IIII IIII 3609357 03/06/2009 12:30P Weld County, CO 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk & Recorder _41(12 . i'//7 Esther Gesick From: Bruce Barker Sent: Monday, January 05, 2009 3:13 PM To: Esther Gesick Cc: Janet Flaugher; Monica Mika; Don Warden Subject: RE: Modular for School District 6 Esther: no (I -`q) \ -� Go ahead and put it on s agenda. Utntw,t t.zdl � CAD C'f1 dG.u�. c.:LP,f J ,1;,a Thanks! Bruce. Original Message From: Don Warden Sent: Monday, January 05, 2009 12:08 PM To: Bruce Barker; Monica Mika Cc: Esther Gesick; Janet Flaugher Subject: RE: Modular for School District 6 We can put it on the agenda for the BOCC to declare surplus and approve the sale to District 6. The modular is located on District 6 property, so they do not have to move it, unless they want to do so. Don Original Message From: Bruce Barker Sent: Monday, January 05, 2009 8:28 AM To: Don Warden; Monica Mika Cc: Esther Gesick; Janet Flaugher Subject: FW: Modular for School District 6 Don and Monica: It appears that we are ready to go on this. If we have not done so already, we should put on the Board's agenda the listing of this as surplus and approval of sale to School District 6 for $15,000. I never heard back from Stow or Wayne as to whether they want to move the modular. I think they want to keep it where it is now. Is that OK? Upon approval of listing as surplus, I will write up closing statements and then can close anytime thereafter. Bruce. Original Message From: Stow Witwer [mailto:switwer®wobjlaw.com] Sent: Wednesday, December 31, 2008 3:33 PM To: Bruce Barker; Wayne Eads Subject: RE: Modular for School District 6 Bruce" Thanks for your work. We will accept the deed and bill of sale as is, however, the deed would be a bit more technically correct if the reference in the habendum clause to the party of the second part were changed to "it's successors and assigns forever" and in the granting clause you might refer to " the following described property" rather than to parcels or lots of land. I am ok without these changes so it is already approved, don't change it. Thanks again. Stow Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Tuesday, December 30, 2008 8:18 AM To: Stow Witwer; Wayne Eads Subject: FW: Modular for School District 6 Stow and Wayne: Any word on how these look? If they are acceptable, I will put them on the Board's agenda. Hope you both had a great Christmas! Happy New Year! Bruce Barker. Original Message From: Bruce Barker Sent: Friday, December 19, 2008 2:21 PM To: 'Stow Witwer' Cc: Wayne Eads; Janet Flaugher; Don Warden Subject: RE: Modular for School District 6 Stow: Don Warden and Janet agree that the terms you have stated below are acceptable. I am not sure where the modular is currently located, or if it needs to be removed. However, that specific information is probably not necessary. See the attached. Please feel free to change as you see fit. I put the approval and signature date of December 31, but could do it on December 24, 29 or 31. Bruce. Original Message From: Stow Witwer [mailto:switwer@wobjlaw.com] Sent: Tuesday, December 16, 2008 4:55 PM To: Bruce Barker Cc: Wayne Eads Subject: RE: Modular for School District 6 Bruce: Yes, D6 is agreeable to paying $15,000 for the modular. The Modular has a bracket attached with "SD60HS1" on the side. The Agreement of transfer should be to Weld County School District No. 6. If you need a signature, I think it should be Wayne Eads, Chief of Operations. I am willing to write out o proposal, but please consider this to be the proposal. The payment will be in cash. The District will accept the modular "as is -Where is" and without any warranty as to condition, including the absence of a warranty of fitness or marketability. If you need further information, please let me know. Stow Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Tuesday, December 16, 2008 4:20 PM To: Stow Witwer Subject: FW: Modular for School District 6 Stow: See the attached e-mail from Janet Flaugher, the director for Head Start. Sounds as though there is an understanding on her part that Weld 2 will be getting some fort of compensation for the modular, and that a proposal is suppose to be forthcoming from Wayne Eads. Attached are the documents we used for the transfer of the modular in Olathe from Weld County to the Feds. Once we get the information from Wayne, we can modify these accordingly. Bruce. Original Message From: Janet Flaugher Sent: Tuesday, December 16, 2008 4:10 PM To: Bruce Barker Subject: RE: Modular for School District 6 Bruce, The district is planning to purchase our East Memorial Center, which sits on the East Memorial Elementary School campus. Wayne Eads is working on a proposal. I have not yet seen it. Janet Dr. Janet Flaugher, Director Family Educational Network of Weld County P.O. Box 1805 1555 No. 17th Avenue Greeley, CO 80632 (970) 353-3800 ext. 3340 (w) (303) 710-1542 (cell) Original Message From: Bruce Barker Sent: Tuesday, December 16, 2008 4:08 PM To: Janet Flaugher Subject: Modular for School District 6 Janet: Yesterday I received a call from Stow Witwer, attorney for School District 6. He said there is a modular that Head Start is giving to SD -6. Is that correct? I told him I would put together the same form of documents we used for the transfer of the modular at Olathe. The information I will need is a description of what the modular looks like and where it is located. Bruce. Hello