HomeMy WebLinkAbout20073496.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR THE SALE AND PURCHASE OF COLORADO BIG
THOMPSON WATER AND AUTHORIZE CHAIR TO SIGN - TRAVIS BELL
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 the Sale and Purchase
of Colorado Big Thompson Water between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Finance and
Administration,and Travis Bell, commencing upon full execution,with further 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 the Sale and Purchase of Colorado Big Thompson Water
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Finance and Administration, and
Travis Bell be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 14th day of November, A.D., 2007.
-?' BOARD OF COUNTY COMMISSIONERS
? COUNTY, COLORADO
ATTEST: rD
is6s f ` ,i- id E. Long, Chair
Weld County Clerk to the Bo d
in
BY: ," illiam H. Jer p-TemT!oi&
De y Cie Nd to the Boyd (77/1/
William F. Garcia
APP D AS T • EXCUSED
Robert D. Masden
unty Attorney
�., /U7 Douglas R demacher
Date of signature: °I
2007-3496
�� Fz B i o ) FI0045
* '1/
AGREEMENT FOR SALE AND PURCHASE OF
COLORADO BIG THOMPSON WATER
THIS AGREEMENT, made and entered into this /`' day of November, 2007, by
and between Travis C. Bell, whose mailing address, for the purpose of this Agreement
is 1791 County Road 36, Berthoud, CO 80513 hereinafter referred to as the "Seller",
and Board of County Commissioners for Weld County, whose mailing address, for the
purpose of this Agreement is 915 10th Street, P.O. Box 758, Greeley, CO 80632,
hereinafter referred to as the " Purchaser."
WITNESSETH:
For and in consideration of the promise of the Purchaser to purchase and of the
Seller to sell the water shares described in paragraph 1, and other good and valuable
consideration, the receipt and adequacy of which are hereby confessed and
acknowledged, the parties agree to be legally bound whereby the Seller agrees to sell
and the Purchaser agrees to purchase the water units described in paragraph 1, on
the terms and conditions hereinafter set forth.
1. Units to be Transferred: The water units to be transferred to the
Purchaser by the Seller shall be Sixteen (16) units of the Northern Colorado Water
Conservancy District, herein after referred to as "Water Units." The Water Units shall
be transferred to the Purchaser by the Seller free and clear of all liens and
encumbrances.
2. The Purchase Price: The purchase price of the Water Units shall be
Nine Thousand Seven Hundred Fifty Dollars ($9,750) per unit for a total purchase
price of One Hundred Fifty-Six Thousand Dollars ($156,000) payable by the
Purchaser as follows:
A deposit in the amount of Five Thousand Dollars ($5,000) shall be paid to
MEM ;,
P_
the Security Title of Greeley, hereinafter referred to as "Closing Agent", on
= behalf of the Seller at the execution of this Agreement. The remaining
cam
_"°e balance of One Hundred Fifty-One Thousand Dollars ($151,000) for Sixteen
d (16) Water Units shall be payable via wire transfer to the Closing Agent, on
behalf of the Seller on or before December 5, 2007. All funds will be held in
'0 trust until closing.
-3�
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133 3. Closing: Closing of this transaction shall be within five (5)
MINIM"1:N
business days following the Closing Agent's receipt of written confirmation of transfer
o from the Northern Colorado Water Conservancy District. Closing shall be held at
hoc Security Title of Greeley (Fox Run), Greeley, Colorado, or at such other reasonable
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time, date or location the Parties mutually agree upon. Purchaser shall be responsible
for any closing costs.
4. Transfer Fee and Annual Assessment: The Purchaser shall pay
transfer fees of $70.00 charged by the Northern Colorado Water Conservancy
District to transfer the Water Units.
5. Proof of Ownership: Seller to provide Purchaser with an Ownership
Report on the property from which the water is to be transferred at Seller's expense.
6. Class D Allotment Contract: A Class D Allotment Contract shall
be signed by the necessary parties as required under the ownership report. Seller will
deliver the contract to Northern Colorado Water Conservancy District on or before
December 4, 2007. Seller will provide Purchaser with a copy of the signed Class D
Allotment Contract.
7. Transfer Documents: Purchaser and Seller shall sign and/or provide
all documents required or requested by the Northern Colorado Water Conservancy
District to facilitate the transfer of Water Units. Purchaser will provide the district with
the required documents from the municipality to which the water is to be transferred
before December 4, 2007.
8. Attorney's Fees and Costs: In the event either of the respective
parties hereto shall default in any of their covenants of obligation herein equitable
action against the defaulting party, expressly agrees to pay all reasonable expenses
of said litigation, including, but not limited to, a reasonable sum for Attorney's Fees.
9. Default: In the event of non-performance by Purchaser, Purchaser
shall forfeit Five Thousand Dollars ($5,000) to Seller upon the termination of this
mm. d Agreement.
ac 10. Governing Law: It is expressly understood and agreed by and
—oats between the parties hereto that this Agreement shall be governed by and its terms
construed under the laws of the State of Colorado.
o v
E E 11. Headings: Paragraph headings used herein are for convenience of
_
reference and shall in no way define, limit, or prescribe the scope of intent of any
—�° provisions under this Agreement.mim cal
12. Binding Effect: This Agreement shall be binding upon and insure
arm r—
�No to the benefit of the parties hereto and their respective heirs, administrators,
=ma, successors and assigns.
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o Page 2 of 3
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13. Notice of Acceptance: This agreement shall expire unless
accepted in writing by Purchaser, as evidenced by the signature below, and the
offering party receives notice before 10:00 am, November 15, 2007.
14. Commissions: Seller shall be responsible for a commission equal to
Three Hundred Dollars ($300) per unit for a total commission of Four Thousand Eight
Hundred Dollars ($4,800)to be paid at closing.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and
year first above written.
APPROVED AND ACCEPTED:
PURCHASER SELLER
B oriti4ep of C mmissisners for Weld Co my Travis C. B II
c[C NOV 1 4 2007 ice
BY: David E. Long, hair Date Date
915 10th Street, P.O. ox 758 1791 County Road 36
Greeley, CO 80632 Berthoud, CO 80513
111111111111111111 1111111111111 111111 111111111111 1111
3524717 12/19/2007 02:42P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 3 of 3
,9e) .3515
•
Water and Sewer Department
1100 10th Street,3m Floor.Greeley,CO 80631 ■(970)350-9810
City of
Greeley
November 30, 2007
Ms. Marilyn L Conley, Head
Allotment Contracts Department
Northern Colorado Water Conservancy District
220 Water Avenue
Berthoud, CO 80513
Dear Marilyn:
The letter accompanies an application to the Northern Colorado Water Conservancy District for
the transfer of 16 units of C-BT water to the City of Greeley. This water will be used to meet the
. raw water requirement for the Weld County Alternatives Building that is being constructed at
1390 N. 17th Avenue, located in Lot 1 of the Weld County Business Park Amended Tract B
Minor Subdivision.
The City of Greeley is not buying these C-BT units from the developer. The City requires 12 acre
feet of water (16 units of C-BT) for the new 3-inch water tap being requested for Weld County
Government's new building.
Please call me at 970-350-9810 if you have any questions.
Sincerely,
Doris Biehl
Water& Sewer Services Coordinator
Attachments
SERVING OUR COMMUNITY • I T ' S A TRADITION
be promise/0 preserve and iaxprooe/Le yuali y aMCfor 9reeley l/irouylhithe y, courteous and cos!e/f eclioe service.
tire 7'8 95
November 2003
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TEMPORARY USE PERMIT
WHEREAS, the City of Greeley , hereinafter referred to as"Permittee," has by
Resolution adopted on February 18 , 1992 authorized the undersigned to apply for the temporary use of
16 acre-feet of water which were originally contracted to certain other allottees and were subsequently removed therefrom
by appropriate action of the Board of Directors of Northern Colorado Water Conservancy District; and
WHEREAS,the Board of Directors of said District is empowered to allocate,reallocate,transfer, sell, lease or otherwise dispose
of the use of water by term contracts;
NOW,THEREFORE,in consideration of the mutual covenants herein contained,it is hereby mutually agreed by and between the
parties as follows:
(1) The District hereby approves the use by the Permittee of such portion of the above amount of water as may be declared by the
Board of Directors of said District to be available for delivery.
(21)&t0idtCCOMMIRDI x sraidsrxxxxxxxxxxxxxzactetflgex melt x ottex9tl{t6} SLiiC s[6 iixbRc01.Sxxxxxxx�{XXxxx
(3) Permittee agrees that this contract shall terminate on March 1, 2008 ,
(4)At any time during the term of this contract, the Permittee may elect to apply to the Board of Directors for the perpetual use of the
water covered herein by the execution of a permanent contract as provided under Class B or Section 131 contract of the Water Conservancy
Act. If a Class B or Section 131 contract is approved by the Board of Directors of the District and the transfer of water allotment is ordered
thereon,the execution of such Class B or Section 131 contract by the District shall automatically terminate the Temporary Use Contract.
(5)In the event that no application is made by the Permittee for a Class B or Section 131 contract as provided in Art. (4)hereof or, if
either of these applications are made and are denied by the Board of Directors of Northern Colorado Water Conservancy District,no further
right or interest in the water covered by this Permit shall attach to said Permittee.
(6)Permittee agrees to be bound by the Provisions of the Water Conservancy Act of Colorado,the rules and regulations,and policies
of the Board of Directors of said District and the Repayment Contract between said District and the United States.
(7)Permittee agrees that,without approval of the Board of Directors of the District,no permanent assignment may be made of the use
of any of the water herein contracted.
City ,of Greeley
By
ATTEST: Water & Sewer Director
f I
utility C1 rk
(SEAL) ORDER ON APPLICATION
Application having been made by or on behalf of all parties interested in the water allotment and after a Hearing by the Board, it is
hereby ORDERED that the above application be granted and an allotment contract for 16 acre-feet of water is hereby
made to the City of Greeley ,a Colorado municipal corporation for the beneficial uses set forth in said
application upon the terms, conditions, and manner of payment as therein specified.
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
By
President
I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the
day of ,A.D.,
ATTEST:
Secretary
City of
Greeley
Great.From the Ground Up.
Certificate of Authenticity
STATE OF COLORADO )
COUNTY OF WELD ) SS.
CITY OF GREELEY )
I, Betsy D. Holder, City Clerk of the City of Greeley do hereby certify
that the attached is a true and correct copy of Resolution No. 4, 1992, as
passed and adopted by the City Council of the City of Greeley on the 18th
day of February, 1992.
IN WITNESS WHEREOF I have hereunto set my hand and the seal of
the City of Greeley this 3oth day of November, 2007.
� . )
Betsy I olde , City Clerk
CITY
SEAL
City of Greeley,Colorado • City Clerk's Office • 1000 10th Street • Greeley,CO 80631 • 970-350-9742
THE CITY OF GREELEY, COLORADO
RESOLUTION NO. 4 , 1992
A RESOLUTION AUTHORIZING AND DIRECTING THE WATER AND SEWER DIRECTOR AND
THE CITY CLERK TO MAKE APPLICATION TO THE NORTHERN COLORADO WATER
CONSERVANCY DISTRICT FOR TEMPORARY USE PERMITS AND RENEWALS THEREOF FOR
WATER ALLOTMENTS ORIGINALLY CONTRACTED TO CERTAIN OTHER ALLOTTEES-FOR THE
USE AND BENEFIT OF THE CITY OF GREELEY
WHEREAS, the City of Greeley acquires water allotments in the
Northern Colorado Water Conservancy District; and
WHEREAS, according to the rules and regulations of the District, it
is necessary for the City to apply for temporary use permits for water
allotments pending the final transfer of title and ownership in the name
of the City of Greeley; and
WHEREAS, the City Council hereby authorizes the Water and Sewer
Director and the City Clerk to take appropriate measures relating to the
transfer and issuance of temporary use permits, as required by the rules
of the Northern Colorado Water Conservancy District.
'NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GREELEY, COLORADO:
1 . That the Water and Sewer Director and the City Clerk are hereby
authorized and directed to make application to the Northern Colorado Water
Conservancy District for the issuance of temporary use permits in the name
of the City of Greeley.
2. That the Water and Sewer Director and the City Clerk are hereby
authorized and directed to make application for the reissuance of
temporary use permits upon expiration thereof in order to have the same
permits reissued for periods of one year thereafter.
3. That the Water and Sewer Director and the City Clerk are hereby
authorized and directed to apply for reissuance of temporary use permits
on an annual basis until such time as the City applies for a permanent
transfer of its water allotment contracts.
SIGNED THIS 18th DAY OF February , 1992.
ATTEST: THE CITY OF GREELEY, COLORADO
! f By W
City ler) Mayor
AFFIDAVIT REGARDING BASE WATER SUPPLY
State of Colorado
ss.
County of We l d
With respect to the application of City of Cram ny to
change or modify an existing Colorado-Big Thompson (C-BT) Project water allotment
contract, or for a new C-BT water allotment contract, the following statements are true and
correct [check box next to each statement]:
Statements I through 4 apply only if the water being transferred is to be used for
irrigation purposes.
O 1. The C-BT water is intended to be used for irrigation purposes and the lands on
which the C-BT water will be used have an existing base water supply that is
owned or permanently controlled by the applicant.
O 2. The C-BT water is intended to be used for irrigation purposes and the lands on
which the C-BT water will be used have a history of irrigation with a base water
supply.
❑ 3. The C-BT water is intended to be used for irrigation purposes on lands that have
historically been irrigated with a base water supply and none of the base water
supply associated with those lands, that was not rented or leased, has been sold
or permanently transferred for use outside the boundaries of the Northern
Colorado Water Conservancy District (District) after February 14, 1997.
❑ 4. The C-BT water is intended to be used for irrigation purposes on lands that have
historically been irrigated with a base water supply and not more than 50% of
the base water supply that was owned or permanently controlled and
beneficially used on those lands has been sold or permanently transferred for
use on other lands or for other purposes after February 14, 1997.
Statements 5 and 6 apply only if the water being transferred is to be used for purposes
other than irrigation.
® 5. The C-BT water is intended to be used for non-irrigation purposes and none of
the historic base water supply of the applicant, that was not rented or leased,
has been sold or permanently transferred for use outside the boundaries of the
District after February 14, 1997.
6. The C-BT water is intended to be used for non-irrigation purposes and not more
than 50% of the base water supply that was owned or permanently controlled
and beneficially used by the applicant has been sold or permanently transferred
for other purposes after February 14, 1997.
For purposes of the above statements, base water supply is defined as any permanent
water supply other than water supplies yielded from the C-BT Project.
[Sign- re]
[Signature]
[Signature]
[Signature]
[Signature]
NOTE: Signatures must be acknowledged in space provided on the back of this form.
LAND-ALL\C0NLEY\F0RMS\AFFIDAVF.FRM
Subscribed and sworn to before me by C de, cire„.„ ,
on —/ (—D�'— .3D , �OO'7
My commission expires: 9-n_- c3 / Jo/ I .
(Seal)
No Public
Subscribed and sworn to before me by
on
My commission expires:
(Seal)
Notary Public
Subscribed and sworn to before me by
on
My commission expires:
(Seal)
Notary Public
Subscribed and sworn to before me by
on
My commission expires:
(Seal)
Notary Public
Subscribed and sworn to before me by
on
My commission expires:
(Seal)
Notary Public
[AND-ALL\C0NLEY\F0RMS\AFFIDAVr.FRM
-WaterColorado.com
December 20, 2007
Don Wardin
Board of Commissioners for Weld County
915 10th Street, P.O. Box 758
Greeley, CO 80632
Dear Don:
Enclosed are copies of the transfer paperwork submitted to the Northern Colorado
Water Conservancy District in association with the purchase of 16 units of Colorado-
Big Thompson water. Also enclosed are copies of the closing documents.
We sincerely appreciate your business.
Should you have any questions, please don't hesitate to contact me.
Sincere than ,
ns
Water Colorado LLC
3384 East Mulberry • Ft. Collins, CO 80524 • (970) 493.0216 • www.watercolorado.com
NORTHERN COLORADO WATER CONSERVANCY DISTRICT JANUARY,1993
APPLICATION FOR CHANGE OF CLASS D ALLOTMENT CONTRACT
ARTICLE 1-FQR RELEASE OF EXISTING CONTRACT
Section 1:The records of Weld _._-.. . County Clued aced snr.:w at Brisk.___ ... .Page _..._......4. or Film
Reception* «_ .._.__.. .the description of lands to which a Orstnct allotment of50 __ acre-feet of water was ordered by the Board
of Directors of Northern Colorado Water Conservancy District Said lands are nescnbed in Section 2 of tins Article
Section 2:FIRST DESCRIBED LANDS Sce . Twp. Re.. _
..___ ._.i4�.er_ta...E�4.h. .�..it.._'.'_An alt. .�.h�.d_hv�[.gts?-:_�___ ...3.I_..
Section 3:Tne undersic•,erg{.wertersof Ilreerhdni ' 'he abiiYit'First Descnrert 15105 hurtrty r,,n in applying to:the rerease of me alititnsent and accrirnlwnying tar two Wilt said
'First Desc nZsis,
. de and the dis{ws+uon therer3)res .ated in Articles it and;or III of the;Application
SIGNATURES OF A CORD OWNERS OF FIRST DESCRiBEO I Alil:TV
t.. S natty ,..- `-
f�
adore
. _� afIc ✓NPt�t µ,QM Rt). i Cvrre..t�A,S to
._. gc5
($i,nt turee must tie actna'Nfedeed in space e: idest on Wee or trial forint
NOTE:The signatures of any iienholders wilt be required)only it mat itenlu:lde(has given not.ce to the Distta:t that alien is held against the land and water or water only in
accordance with the DitUicts poky dated Set'temhrr 14.19%
ARTICLE Ii•FOFLALLOTMFJT OF WATER TO LANDS
Section 1:The undersigned owners of the hereinbelow'SetConn Described bands"hereby loin W.tills ai plii:.ihun for the purpose Or assytrung the benefits el tree allot-
ment contract and attaChin the accompanying tits lien to the"Second Dos.^.rtied Lands"in the amount and to the extent shown in Section 2 of this Article.
Section 2:SECOND DESCRIED LANDS
tlnckufe re•deernp.MJn of'First Described Lane,',1 a portion or vie ei:err,^eft i5 to rid reaslrtreit 11,arero etti: ii der,k.St:,44 chi of dry other tend to which water it In be tien,femit!I
Carrier Acre
Names of Owners Desch Land Description Sec. Twp. fige. Feet
IsAvis_liell. Highland Ditch Refer to Exhibit "A'" attached _.._,._. _....-......_..___,._..
hereto. -- --__ .__ Z _ t$k�-- 26
Section 3:Applicants agree that the toiiowing semis and,•induions soar avrily,n.iris waist anntmwru C.ri.etrdc:t*MCA tes.dt$iroin en Order of the Fielded based open this appla;ati'A
(1 t Applicants shall pay for the amount of water contracted and alk)tted hereunder by the Beard of Directors of Northern Colorado Water Conservancy District at a
rate to be fixed annually by said Board for each acre-toot so contracted.
(2)The allotment contract shalt be for beneficial use of water as a supplemental irngat.ctn supply ri tiro the r;ewinamove"Second Describc-d Lands.'and ttie annual
charges tnerelor shad be a tax lien upon said sands.However,the use of the water shad not be limited setely to the described lands.
(3)An acre-foot at water as referred to Herein is defined as tieing one•three hundrrid.U3n-thal.iltrictttl t I 310,000)of the quantity of water annually de:tiired by the
Board of Directors of the District to be available for delivery horn the water supplies of the District. The water delivery obligation of the District shalt terminate al
any delivery point Irrirtt which water is released from me works Of the District. Further,on Ndoenber I of each Year.arty water undelivered from the annual
quantity made available to the Applicant shall revert to the water supplies of the Distnct.
(41 Appticwits.soCCeS3„Q(s.and.essgtn--eniW.be bound by the Water Conservancy Act of Colctado: by the Rules and Regulate:tie of the Board of Directors of the
Dtstnct;and byl$e repayment contract of.►tidy 3;1 hveen said District and the United Stales and ail amendinertts thereof and supplements thereto.
(S)Appli • , si.cceesors and assigns expressly agree t 8 rights c4 the Board under the Water Conservancy Act and enforcement of the terms of said
rape ent contract snail not be limited in any manner by article 2()ui the Colorado Constitution
SIGNATURES OF ALL RECORD WNERS OF SECOND DESCRIBED LANDS
_ - tl�hatures `� �... ddresses
(Signatures must he ackrov.kids ed at space provided on back et this torm'i
ARTICLE III •- FOR IDENTIFYING THE MUNICIPALITIES,DISTRICTS,CORPORATIONS,ENTITIES OR PERjQNa_WiTH WHOM OTHER
TYPES OF CONTRACTS ARE TO DEj ApE FOR ALL OR PART OF THE ALLQTMENT_DEacHIDEO IN ARTICLE I.
Section 1:Names of entities or persons intending to eppiy ter a cer,t,act coveting ally portion or the oil:an-. '• . •...-7... ...,f!r,h th t5 not a-sigma to lands in Article It
Acre
Names Addresses Feet
City of Greeley 1100 10th--St.__Greeley, C __
080631. 116
.City VIDBCQfP_.__ _ ____ ___—._. PO Box 18fi---Dacono1.CO 80514 ..._..i.._$—
ORDER ON APPLICATION
Alt parties interested in the District allotment descbed in Article I hereof having martyr application ter the release and reallocation or trantfet of 50 acre-feet of
water and ter the appropriate alteration of the existing tax lien:and,after a Hearing by the Board of Directors.it is hereby Ofoered Mal:
(1)The allotment of _ _— .r2Q._—_ acre-feet is hereby removed trrun the lands described in Article I hereof,and the accompanying tax lien is
hereby released from said lands.
(2)Disposition of the 50 . acre-feel involved in this application shall be as tc:gowe.
a. An allotment contract for beneficial use of _—.....__2 __,_.. acre-feet is hereby made and a tax lien therefor shall heieatter attach to lands desribed to
Alicia II in the amount.to the extent.and under the terns set forth in said Article
b. As an integral part of this Order, the President and Secretary of the District are hereby atittion:tit and directed to execute the apprapriete atatmailf
contracts with the entities or persons named in Article III for tree beneficial use of •-,.•--_-„_,24. acre-feel of water.
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
By ----------------
�� President
I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the
_ day of — — _ --— A. D -—
ATTEST-
Secretary
STATE OF COLORADO
`���/ 1 ss
County of
The foregoing instrument was acknowledged before me this J�1h day of _ s2vet l (^ _ , :3-00 t h„
r ' vc . s,
tVpttlry Pubic
State ot Cdorado _ ' — •
Notary Public
STATE OF COLORADO
)cs
County of t )
The foregoing instrument was acknowledged before me this day of 4CQ.k`1c —_, A.U. -•1 " by
(2)a- -
U�p�
cot f-
• • (411: O1(
�J()►If 21 M •
ess my hand:rat 'eat My rnmmissiu ire 5:
MY C0MMISSi',:!ts r xPIRES �k Nc ary Public
halt.1a ,!(.t1
STATE OF COLORADO
t ss
County of
The foregoing instrument was acknowledged before me this day of A.U . by
Witness my hand and Seal My commission expires:
Notary Public ----- ---
STATE OF COLORADO
ss
County of
The foregoing instrument was acknowledged before me this day of --, A.U. by
Witness my hand and Seal. My commission expires:
�_—_....—.......___ Notary Public ---.___..._._...
Exhibit "A"
Land 1)escription
SE'V4; Esc. 6 Yz ac. res.: Exc. AV of Flume Lat. Ditch: Esc. I R ac. S. cC F. of
Mead Lat. 5 >N 65\V
AFFIDAVIT REGARDING BASE WATER SUPPLY
State of Colorado
ss.
County of Weld
With respect to the application of Travie iIAN ! to
change or modify an existing Colorado-131g Thomp n (C-BT� r allotm it
contract, or for a new C-BT water allotment conic t, the fo .o s 'ents are'true and
correct )cheek box next to each statement):
Statements 1 through 4 apply only (f the water being transferred is to be used for
irrigation purposes.
1. The C-BT water is intended to be used for irrigation purposes and the lands on
which the C-BT water will be used have an existing base water supply that is
owned or permanently controlled by the applicant.
2. The C-BT water is intended to be used for irrigation purposes and the lands on
which the C-BT water will be used have a history of irrigation with a base water
supply.
y( 3. The C-BT water is intended to be used for irrigation purposes on lands that have
historically been irrigated with a base water supply and none of the base water
supply associated with those lands, that was not rented or leased, has been sold
or permanently transferred for use outside the boundaries of the Northern
Colorado Water Conservancy District (District) after February 14, 1997.
4. The C-BT water is intended to be used for irrigation purposes on lands that have
historically been irrigated with a base water supply and not more than 50% of
the base water supply that was owned or permanently controlled and
beneficially used on those lands has been sold or permanently transferred for
use on other lands or for other purposes after February 14, 1997.
Statements 5 and 6 apply only if the water being transferred is to be used for purposes
other than irrigation.
❑ 5. The C-BT water is intended to be used for non-irrigation purposes and none of
the historic base water supply of the applicant, that was not rented or leased,
has been sold or permanently transferred for use outside the boundaries of the
District after February 14, 1997.
❑ 6. The C-BT water is intended to be used for non-irrigation purposes and not more
than 50% of the base water supply that was owned or permanently controlled
and beneficially used by the applicant has been sold or permanently,transferred
for other purposes after February 14, 1997.
vstatements, ba water supply is defined as any perman
For purposes of the above PAY
water supply other than water supplies yielded fr the C-BT Project.
-[Signati ire)
(Signature)
[Sujuarurel
(Signature)
!Signature'
NOTE: Signatures must be acknowledged in space provided on the back of this form.
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SECURITY - October 1991
From: .,- TITLE
,.
I
OWNERSHIP REPORT
FOR
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
To be attached to all Applications for Change of Class "D" Allotment Contracts,
It must be executed by a practicing attorney, bonded abstract company, or a
bonded title company.
The purpose of this Ownership Report is to determine all owners having an
interest of record in said property and whether all or any portion of the tract
of land to which the original allotment was made has been conveyed or divided in
ownership.
It is imperative, therefore, that the status of the title to ALL of the land
described in Article I. Section 2 of the Application be shown in Paragraph 2
below.
If the land has been divided in ownership, attach a separate sheet, if
necessary, to reflect the descriptions and ownership of each respective parcel.
Date: November 20, 2007
I. LAND DESCRIBED IN ARTICLE I OF "APPLICATION FOR CHANGE OF CLASS D WATER
ALLOTMENT CONTRACT. "
(1) Description of land to which allotment is presently attached is as
set forth in Article I, Section 2, of the attached application and
is located in Section(s) 5 , Township 3 North,
Range 68 West of the 6th P.M.
(Complete redescription not required herein)
(2) As of the above date, record title to ALL of the land described in
Article I, Paragraph (1) above is vested in the following:
Travis Bell
II . LAND DESCRIBED IN ARTICLE II OF "APPLICATION FOR CHANGE OF CLASS D
WATER ALLOTMENT CONTRACT. "
(Omit this Section II if no water is to be attached to lands on the
accompanying application. )
(1) Description of property to which allotment is to be reallocated or
transferred as shown in Article II, Section 2, of the application
is hereby certified as correct.
(If not correct, attach correct description on separate sheet. )
(2) As of the above date, record title to the land, or tracts of land,
described in Article II, Paragraph (1) above is vested in the
following:
(Identify separate tracts)
Travis Bell
III. CERTIFICATE
The undersigned (an Attorney licensed to practice law in the State of
Colorado, a bonded abstract company, or a bonded title company) hereby
represents that the foregoing statements are true and accurate to the
best of (his) (its) knowledge and belief, and hereby acknowledges full
and complete understanding that this opinion is an integral part of an
application for transfer or reallocation of the herein-described
allotment, and that the Northern Colorado Water Conservancy District
will be acting in reliance thereon in the granting or denying of said
Application.
SIGNED this 3 day of December , 2007 .
���" Attorney-at-Law
SECURITY '
Tall-
-
% F,,..
Abstract Company
(SEAL)
(if Abstract Company
or Title Company) By
Security Title Guaranty Co.
Title Company
`
�1 `Vi
,
By { '' � t '-- "
Laura L. MOya a
r Northern Colorado Water Conservancy District
N_C-_N-C D
220 Water Avenue• Berthoud,CO 80513 • 970532-7700 • fax 970-532-0942
RECEIVED DEC 1 9
December 18, 2007
Ms. Jory Kate Hawkins
Water Colorado LLC
3384 East Mulberry
Fort Collins, CO 80524
Dear Jory:
On December 14, 2007, the Board of Directors of the Northern Colorado Water Conservancy
District approved the transfer of 24 acre-foot units of Colorado-Big Thompson Project water
from lands owned by Travis Bell as follows:
16 acre-foot units to City of Greeley
8 acre-foot units to City of Dacono
However,this approval has been given SUBJECT to receipt of Northern Water's Public
Records check.
If you have any questions, please feel free to give me a call at 970-622-2216.
�Sin/c�erely,
lld
Marilyn L. Conley
Allotment Contracts Manager
nk
123886
SECURITY TITLE GUARANTY CO.
1711 61st Avenue,Suite 100,Greeley,CO 80634
(970)356-3200Fax: (970)356-4912
BUYERS/BORROWERS CLOSING STATEMENT
FINAL
Buyer/Borrower: Board of County Commissioners for Weld County Escrow No: S0251083-340 CWD
Close Date: 12/18/2007
Proration Date: 12/18/2007
Property: 16 Units NCWCD
Weld,CO
16 Units NCWCD Debit Credit
.. '' Description
TOTAL CONSIDERATION: $156,000.00
Total Consideration S,000.0q
Deposit/Earnest Money
ESCROW CHARGES 125.00
Closing Fee to Security Title Guaranty Co.
156,125.00 5,000.OC
Sub Totals 151,125.00
Balance Due FromBuyerBorrower $156,125.00 $156,125.0C
Totals
III
APPROVED AND ACCEPTED
Sales or use taxes on personal property not included. SECURITY TITLE GUARANTY CO.assumes no responsibility for the adjustment of special taxes
or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be determined by reference ti
the title evidence provided by Seller or by personal investigation. The above statement of settlement is approved as of the settlement date shown above ar
Escrow Holder is hereby authorized to disburse as Trustee funds as indicated.
BoatFFgf County5.9 issioners for Weld County
David E.Long,Chair d,
Broker/Agent
r
Closing Agent 0, AAA
bstlf 2/9/05 Security Title uaranty o.
SECURITY TITLE GUARANTY CO.
1711 61st Avenue,Suite 100,Greeley,CO 80634
(970)356-3200Fax: (970)356-4912
BUYERS/BORROWERS CLOSING STATEMENT
FINAL
Buyer/Borrower: Board of County Commissioners for Weld County Escrow No: 50251083-340 CWD
Close Date: 12/18/2007
Proration Date: 12/18/2007
Property: 16 Units NCWCD
Weld,CO
16 Units NCWCD
+- Description. .. Debit Credit
TOTAL CONSIDERATION:
Total Consideration $156,000.00
Deposit/Eamest Money 5,000.00
ESCROW CHARGES
Closing Fee to Security Title Guaranty Co. 125.00
Sub Totals 156,125.00 5,000.00
Balance Due From Buyer/Borrower 151,125.00
'totals $156,125.00 $156,125.00
APPROVED AND ACCEPTED
Sales or use taxes on personal property not included. SECURITY TITLE GUARANTY CO.assumes no responsibility for the adjustment of special taxes
or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be determined by reference to
the title evidence provided by Seller or by personal investigation. The above statement of settlement is approved as of the se e - date shown above ant.
Escrow Holder is hereby authorized to disburse as Trustee funds as indicated.
Board of County Commissioners for Weld County
David E.Long, Chair
Broker/Agent
Closing Agentbstlf 2/9/05 sec ity Title Guaranty Co.
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission(CL8-10-06)(Mandatory 1-07)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL
BEFORE SIGNING.
CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT
Date:December 18,2007
I. PARTIES,PROPERTY. Travis C.Bell,Seller,and Board of County Commissioners for Weld County,Buyer,engage Security Title Guaranty Co.,
Closing Company,who agrees to provide closing and settlement services in connection with the Closing of the following described real estate in the County
of Weld,Colorado,: 16 Units NCWCD
known a No: 16 Units NCWCD,Weld,CO
2. INFORMATION,PREPARATION. Closing Company is authorized to obtain any information necessary for the Closing. Closing Company agrees to
prepare,deliver,and record those documents(excluding legal documents)that are necessary to catty out the teens and conditions of the Contract to Buy and
Sell Real Estate,dated November 11,2007,including any counterproposals and amendments(Contract).
3. CLOSING FEE. Closing Company will receive a fee not to exceed$125 for providing these closing and settlement services.
4. GOOD FUNDS. Closing Company is authorized to receive funds and to disburse when all funds received are either:(a)available for immediate withdrawal
as a matter of right from the financial institution in which the funds have been deposited or(b)are available for immediate withdrawal as a consequence of
an agreement of a financial institution in which the funds are to he deposited or a financial institution upon which the funds are to be drawn(Good Funds).
5. RELEASE,DISBURSEMENT. Closing Company is not authorized to release any signed documents,or things of value prior to receipt and disbursement
of Good Funds,except as provided in sections 10 and II.
6. DISBURSER. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be separately disclosed in writing to
Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no one other than the disburser can assure that payoff
of loans and other disbursements will actually be made.
7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: CI Cashier's Check,at Seller's Expense O Funds
Electronically transferred(wire transfer)to an account specified by Seller,at Seller's expense CI Closing Company's trust account check.
8. FURNISH INFORMATION AND DOCUMENTS. Buyer and Seller will furnish any additional information and documents required by Closing
Company that will be necessary to complete this transaction.
9. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate,complete and detailed closing statement to Buyer and Seller at time of
Closing.
10. FAILURE OF CLOSING. If closing or disbursement does not occur on or before Closing Date set forth in the Contract,Closing Company,except as
provided herein,is authorized and agrees to return all documents,monies,and things of value to the depositing party,upon which Closing Company will be
relieved from any further duty,responsibility or liability in connection with these Closing Instructions. In addition,any promissory note,deed of trust or
other evidence of indebtedness signed by Buyer,shall be voided by Closing Company,with the originals returned to Buyer and a copy to Buyer's lender.
II. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Closing Company shall release the Earnest Money as direct by written
mutual instructions signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money and things of value held by Closing
Company(notwithstanding any termination of the Contract),Closing Company shall not be required to take any action. Closing Company,at its option and
sole discretion, may(a)await any proceeding,(b) interplead all parties and deposit Earnest Money and other money or things of value into a court of
competent jurisdiction and shall recover court costs and reasonable attorney and legal fee,or (c)deliver written notice to Buyer and Seller that unless
Closing Company receives a copy of the Summons and Complaint or Claim(between Buyer and Seller),containing the case number of the lawsuit
(Lawsuit)within 120 calendar days of Closing Company's written notice is delivered to the parties,Closing Company shall be authorized to return
the Earnest Money to Buyer. In the event Closing Company does receive a copy of the Lawsuit,and has not interpled the monies at the time of any
Order,Closing Company shall disburse the Earnest Money pursuant to the Order of the Court.
12. SUBSEQUENT AMENDMENTS. Any amendments to,or termination of,these Closing Instructions must be in writing and signed by Buyer,Seller and
Closing Company.
13. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial
portion of the proceeds of this sale when Seller either(a)is a foreign person or(b)will not be a Colorado resident after closing. Seller should inquire of
Seller's tax advisor to determine if withholding applies or if an exemption exists.
14. ADDITIONAL PROVISIONS (The following additional provisions have not been approved by the Colorado Real Estate Commission.)
15. COUNTERPARTS. This document may be executed by Buyer,Seller and Closing Company,separately,and when each party has executed a copy,such
copies taken together shall be deemed to be a full and complete contract between the parties.
16. BROKER'S COPIES. Closing Company shall provide,to each broker in this transaction,copies of all signed documents that such brokers are required to
maintain pursuant to the rules of the Colorado Real Estate Commission.
17. COMMON INTEREST COMMUNITY DOCUMENTS.Seller's obligation to provide the CIC Documents is set forth in the Contract. Seller authorizes
the Association,if any,to provide the CIC Documents to Buyer. Seller's obligation to furnish the CIC Documents shall be fulfilled upon Buyer's receipt of
the CIC Documents.
18. NOTICE,DELIVERY AND CHOICE OF LAW.
a. Physical Delivery. Except as provided in§ 18b below,all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or
Selling Brokerage Finn,any notice to Seller shall be effective when received by Seller or Listing Brokerage Finn,and any notice to Closing Company shall be
effective when received by Closing Company.
b. Electronic Delivery. As an alternative to physical delivery,any signed documents and written notice may be delivered in electronic fonn by the
following indicated methods only: ®Facsimile ®E-mail ElNo Electronic Delivery. Documents with original signatures shall be provided upon request of any
party.
c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado
that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado.
December 18,2007 December 18,2007
SELLER: BUYER:
BoarZount Commissioners for Weld County
c
Travis C.Bell David E.Long, hair
Closing Company:Security Title Guaranty Co.
December 18,2007 By:
Carrie Walker
CLSINSO6 File No.S0251083
CL8-10-06 CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission(CL8-10-06)(Mandatory 1-07)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND TIIE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTIIER COUNSEL
BEFORE SIGNING.
CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT
Date:December 18,2007
I. PARTIES,PROPERTY. Travis C.Bell,Seller,and Board of County Commissioners for Weld County,Buyer,engage Security Title Guaranty Co.,
Closing Company,who agrees to provide closing and settlement services in connection with the Closing of the following described real estate in the County
of Weld,Colorado,: 16 Units NCWCI)
known allo: 16 Units NCWCD,Weld,CO
2. INFORNIA'I'ION,PREPARATION. Closing Company is authorized to obtain any information necessary for the Closing. Closing Company agrees to
prepare,deliver,and record those documents(excluding legal documents)that are necessary to carry out d'e terms and conditions of the Contract to Buy and
Sell Real Estate,dated November 11,2007,including any counterproposals and an:cudments(Contract).
3. CLOSING FEE. Closing Company will receive a fee not to exceed$125 for providing these closing and settlement services.
4. GOOD FUNDS. Closing Company is authorized to receive funds and to disburse when all funds received are either:(a)available for immediate withdrawal
as a matter of right from the financial institution in which the funds have been deposited or(b)are available for immediate withdrawal as a consequence of
an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn(Good Funds).
5. RELEASE,DISBURSEMENT. Closing Company is not authorized to release any signed documents,or things of value prior to receipt and disbursement
of Good Funds,except as provided in sections 10 and I I.
6. DISBURSER. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be separately disclosed in writing to
Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no one other than the disburser can assure that payoff
of loans and other disbursements will actually be made.
7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: O Cashier's Check,at Seller's Expense I-1 Funds
Electronically transferred(wire transfer)to an account specified by Seller,at Seller's expense O Closing Company's trust account check.
8. FURNISH INFORMATION AND DOCUMENTS. Buyer and Seller will furnish any additional information and documents required by Closing
Company that will be necessary to complete this transaction.
9. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate,complete and detailed closing statement to Buyer and Seller at time of
Closing.
10. FAILURE OF CLOSING. If closing or disbursement does not occur on or before Closing Date set forth in the Contract,Closing Company,except as
provided herein,is authorized and agrees to return all documents,monies,and things of value to the depositing party,upon which Closing Company will be
relieved from any further duty,responsibility or liability in connection with these Closing Instructions. In addition,any promissory note,deed of trust or
other evidence of indebtedness signed by Buyer,shall be voided by Closing Company,with the originals returned to Buyer and a copy to Buyer's lender.
II. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Closing Company shall release the Earnest Money as direct by written
mutual instructions signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money and things of value held by Closing
Company(notwithstanding any termination of the Contract),Closing Company shall not be required to take any action. Closing Company,at its option and
sole discretion, may (a) await any proceeding, (b) interplead all parties and deposit Earnest Money and other money or things of value into a court of
competent jurisdiction and shall recover court costs and reasonable attorney and legal fee,or (c)deliver written notice to Buyer and Seller that unless
Closing Company receives a copy of the Summons and Complaint or Claim(between Buyer and Seller),containing the case number of the lawsuit
(Lawsuit)within 120 calendar days of Closing Company's written notice is delivered to the parties,Closing Company shall be authorized to return
the Earnest Money to Buyer. In the event Closing Company does receive a copy of the Lawsuit,and has not interpled the monies at the time of any
Order,Closing Company shall disburse the Earnest Money pursuant to the Order of the Court.
12. SUBSEQUENT AMENDMENTS. Any amendments to,or termination of,these Closing Instructions must be in writing and signed by Buyer,Seller and
Closing Company.
13. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial
portion of the proceeds of this sale when Seller either(a)is a foreign person or(b)will not be a Colorado iesident after closing. Seller should inquire of
Seller's tax advisor to determine if withholding applies or if an exemption exists.
14. ADDITIONAL PROVISIONS (The following additional provisions have not been approved by the Colorado Real Estate Commission.)
15. COUNTERPARTS. This document may be executed by Buyer,Seller and Closing Company,separately,and when each party has executed a copy,such
copies taken together shall be deemed to be a full and complete contract between the parties.
16. BROKER'S COPIES. Closing Company shall provide,to each broker in this transaction,copies of all signed documents that such brokers are required to
maintain pursuant to the rules of the Colorado Real Estate Commission.
17. COMMON INTEREST COMMUNITY DOCUMENTS.Seller's obligation to provide the CIC Documents is set forth in the Contract. Seller authorizes
the Association,if any,to provide the CIC Documents to Buyer. Seller's obligation to furnish the CIC Documents shall be fulfilled upon Buyer's receipt of
the CIC Documents.
18. NOTICE,DELIVERY AND CIIOICE OF LAW.
a. Physical Delivery. Except as provided in§ I8b below,all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer of
Selling Brokerage Firm,any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm,and any notice to Closing Company shall be
effective when received by Closing Company.
b. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the
following indicated methods only: ®Facsimile ®E-mail ONo Electronic Delivery. Documents with original signatures shall be provided upon request of an)
party.
c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Coloradc
that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado.
•
December 18,2007 December 18,2007
SELLER: r� BUYER:
/ Board of County Commissioners for Weld County
!Travis C.Bell David E.Long,Chair
Closing Company:Security Title Guaranty Co.
December 18,2007 BY Carrie Walker
CLSINSO6 File No.50251083
CL8-10-06 CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT
(TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY)
Water Colorado LLC (Broker)engages Closing Company as Broker's scrivener to complete, for a fee not to exceed $ 5_00 at the
sole expense of Broker,the following legal documents:
® Deed Bill of Sale ❑ Colorado Real Estate Commission Approved Promissory Note and ❑ Colorado
Real Estate Commission Approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal
documents pursuant to the terms and conditions of the Contract.
The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for
the accuracy of the above documents.
Listing Brokerage Firm's Name: Water Colorado LLC
Date: December 18,2007 By:
Broker Jory Kate Hawkins
Closing Company: Security Title Guaranty Co.
Date December 18,2007 By:
Carrie Walker Title
EARNEST MONEY RECEIPT
Closing Company acknowledges receipt,on the date set forth below, of the Earnest Money in the amount of$ in the form of
Closing Company: Security Title Guaranty Co.
Date December 18,2007 By:
Carrie Walker Title
CLSINSO6 File No.50251083
CL8-I0-06 CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT
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