HomeMy WebLinkAbout810317.tiff RESOLUTION
RE : APPROVE SALE OF DAVIS RANCH AND ACCEPT CASH RENTAL
LEASE AGREEMENT BETWEEN WELD COUNTY, COLORADO AND GLEN
ROUSE AND AUTHORIZE THE CHAIRMAN OF THE BOARD TO SIGN
SAME.
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 of County Commissioners declared the
Davis Ranch property as surplus on July 11, 1979, and
WHEREAS, the Board of County Commissioners selected
Austin and Austin as realtor to market said property in Board
action taken on April 13, 1981, and
WHEREAS, the Board of County Commissioners has been
presented with a purchase contract for the Davis Ranch property
from Glen Rouse in the amount of $651, 000. 00, a copy of
Receipt and Option Contract is attached hereto and incorporated
herein by reference, and
WHEREAS, a cash rental lease between Weld County, Colorado
and Glen Rouse has been presented to the Board of County
Commissioners concerning the property known as Davis Ranch,
a copy of said lease is attached hereto and incorporated herein
by reference, and
WHEREAS, the rent for said premises shall be $2 , 100. 00
per annum, and
WHEREAS, the term of said lease shall be from November 1,
1981 to November 1, 1986 , and
WHEREAS , the Board of County Commissioners deems it is
in the best interests of Weld County to accept said Receipt
and Option Contract and Cash Rental Lease.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners that the Receipt and Option Contract and Cash
Rental Lease agreement between Weld County, Colorado, and
Glen Rouse be, and hereby is, approved.
f goo lq
BE IT FURTHER RESOLVED by the Board that the Chairman
°,
0317
Page 2
RE: APPROVE SALE OF DAVIS RANCH
of the Board is hereby authorized to sign the Receipt and
Option Contract and the Cash Rental Lease agreement with Glen
Rouse.
The above and foregoing Resolution was , on motion duly
made and seconded, adopted by the following vote on the 14th
day of September, A.D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ABSENT
Chuck Carlson, Chairman
No
Norman Carlson, Pro-Tem
I/. , -I%
C. W. Kirby
J al T. Martin
J e K. Ste mark
ATTEST: sin tav„,, ( 2Gt s.;„
Weld County 1erk .an ec rder
and_clar.k to t Bo d
L. BY...;- .. f
Deputy u t C rk �>
APP ED AS TO ORM:
County Attorney
DATE PRESENTED : SEPTEMBER 14 , 1981
FEDERAL LAND RANK ASSOCIATION TION OF GREELEY y in
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127 22nd STREET, GREELEY,COI CRADO OS31 LAND BANK
/1./////1%/4O1,
TELEPHONE: 352-1561
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October 19, 1981
Mr. C Tlen Paul Rouse '
120 Fs±rwy Lane
Ft. G< .Liins, CO 80525
Dear Mr. Rouse: Re: Loan Inquiry
We Lei e reviewed your loan inquiry of October 16, 1981 , for a Federal Land
Bank loan in the amount af $285,000.0:), Afterecareful consideration of the
property; together with financial and income information, our loan committee
has determined that we will not be in a position to offer a Federal Land
Bank loan as requested.
We cannot show proper repayment of th,- Lypo of debt 'wx�i_ch you would have after
pur.:'lase of the property, using i ._c :;e sources from past and future projections.
Therein.:-u, ao loan commitment will -...a issued.
Sincerely,
117
Stanley ,. Cornfo h
Senior Vice President
SEC/nj
c4 a fC1/2
663
�.� ( "A
CASH RENTAL LEASE
THIS LEASE is effective the 1st day of November, 1981 , 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 GLEN ROUSE,
hereinafter called Lessee, WITNESSETH:
The Lessor hereby leases to the Lessee to occupy and use
for agricultural and related purposes the property described in
Exhibit "A, " attached hereto and incorporated here , by ,reference,
and excepting that property sed by Lessor gra 1 n�ying
purposes, and except all prerty 'r th of t Ogi y Di h.
1 . TERM ffffff
The term o this ease be from November 1, 1
to Novembe 1, 86 , and Lessee is to hay a fist
, 41
right of ref al if at the end of su t essor '
desires to either sell r leeseof� p perty.
A. CONTINUOUS OCCUPA Y
The Lessee agrees that he or y ent will possess
and occupy the property cb uously during 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 amendments
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 the Lessor ,
shall be the sum of TWO THOUSAND ONE HUNDRED DOLLARS
($2 , 100 . 00) per annum, payable on or before the 1st
day of November of each year.
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 reasonable 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 possession
against any and all persons whomsoever.
5. GENERAL MAINTENANCE
The Lesee will operate the property during his tenancy
in a manner commensurate with good farming 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 1st day of November, 1981 , normal wear and
depreciation excepted, and further all damage from
causes beyond the Lessee ' s control excepted . The
Lessee shall perform general routine maintenance and
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repairs as needed on all fences and buildings , including
any houses present on the property. The Lessor shall
perform all major repairs , as needed , and further agrees
that said Lessor will make all repairs to all wells
upon the premises leased. Whenever any fences need to
be repaired, the materials shall be supplied by the
Lessor and the labor shall be furnished by the Lessee.
Lessor agrees to perform all major maintenance on all
irrigation ditches and headgates including cement work,
and Lessee agrees to perform all routine maintenance
on all irrigation ditches and headgates and further,
Lessee agrees to perform all maintenance on all irri-
gation ditches and headgates when damage is caused by
livestock or is caused by any negligent act of the
Lessee .
6 . GOOD HUSBANDRY
The Lessee will operate the property in an efficient
and husbandlike 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 pre-
vent others from so doing.
B . The Lessee will not , without written consent of
the Lessor , (a) plow permanent pasture or meadow-
land , irrigated pasture excepted, (b) cut live
trees for sale or personal uses , (c) allow live-
stock, other than his own, on stalkfields or
stubblefields , nor (d) burn or remove cornstalks ,
corncobs , 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
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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 , nor (b) incur any expense to the Lessor
for such purposes , nor (c) add electrical wiring,
plumbing or heating to any buildings, and if con-
sent is given, he will make such additions meet
standards and requirements of power and insurance
companies.
8 . WATER
Lessor agrees that Lessee shall have the first
right of refusal to rent all water for domestic
and/or irrigation which Lessor owns with said
property and does not need for augmentation pur-
poses in conjunction with its gravel mining opera-
tions . Such determination of availability to be
made by Weld County. Lessor shall pay all water
assessments , and Lessee shall pay the reasonable
rental value of all water he leases .
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.
10 . RIGHT TO HUNT
Lessee shall have the right to hunt for wild game on
that portion of Parcel "B " west of the bridge that
crosses the Cache La Poudre River and nowhere else
on Parcel "B . "
-4-
IN WITNESS WHEREOF, the said parties have hereunto subscribed
their names and signed the same this 14th day o£ September
1981 .
ATTESTVICul a^^ ^ e/U `" WELD COUNTY, A POLITICAL SUBDI-
VISION OF THE STATE OF COLORADO,
Weld County Clerk and Recorder BY THE BOARD OF COUNTY COMMIS-
and Clerk to the Board STONERS FOR ITS RESPECTIVE
INTERESTS
p • (LESSOR)
By z \o Lt kW'0
Deputy Cou?it Clerk
By:
9/11/81
APPROV ' AS TO FORM: huck Carl on, Chairman
(:: ›V //A— C1-1—S-0„el-r4)
County Attorney
ACCEPTED:
144
GL� USE��L1.�
(LESSEE)
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EXHIBIT A
In Township 5 North , Rance 65 West of the 6th
_- Weld County , Colorado
Section 1 : . S1/2S1/2
All that part of the NE1 and the N1 of the SE, lying
south of Colorado Highway f263 except that parcel con-
taining 8 . 6 acres more or less as described in the deed
recorded in Book 1513 ,
page 141 , Weld County Records .
Excluded are those parcels lying North and West of the
Ogilvy Ditch , which comprises of the Davis Property
Tract "A " and Tract "B" and the Humane Society Property
which has been taken out Of Tract "A" of the Davis Prop-
erty .
These excluded parcels are more particularly described
as follows :
Beginning at the North Quarter Corner (NCor) cf said
Section 1 , and considering the North/South centerline
of Section 1 , as bearing S 00 °33 ' 14 " W, with all other
bearings contained herein being relative thereto.
Thence S 00°33 ' 14 " W along the North/South centerline
of said Section 1 , 3175 . 57 feet to a
R. O .W. line of Colorado State Hi point on t thehe southerly
of Highway =263 , to True
Point Beginning ;
Thence along southerly P. O . W. line N 78 °10 ' 11 " B , 1100.70 feet;
Thence leaving said southerly R . O. W . line of Highway €253
S 03 ' 4704 " E , 425 . 12 feet to a point on .the _approximate
northwesterly R. O . W. line of the Ogilvy Ditch as now
constructed;
Thence along said approximate Northwesterly R. O . W . line
of said Ogilvy Ditch the following courses :
S 79 ° �3 ' 31 " W 242 . 99 feet ;
S 77 ° 44 ' 05 " W 188 . 75 feet;
S 34 °47 ' 38 " W 382 . 62 feet ;
S 63 ° 47 ' 35" l•, 127 . 25 feet ;
N 22° 05 ' 07 " w 63 . 15 feet ;
N 43°15 ' 05 " 47 152 . 37 feet ;
N
38 ' 55 " .k 214 . 30feet ; said
point being the SW corner
of Tract "A" and the SE corner of ^,-- _ ��a ,� .
Thence N 76°02 ' `h `33 ' W 67 . 72
feet to the SW corner of
Tract "B" ,
Thence leaving said approximate Northwesterly R . O.W . line
of said Ogilvy Ditch N 02 °58 ' 31 " h 294 . 5 feet ;
point on the Southerly R. O . W . line or Colorado State
_ te
Highway : 263;
Thence along said Southerly R . O . W. line N 78° 10 ' 11 "
92 . 30 feet to the True Poin
t of Beginning.
Said parcels contain 14 . 14 acres more or less .
Ha mane Society Property -together with the improvements
thereon , and more particularly described as
follows :
Beginning at the NW Corner of Tract "A" of the Davis
property;
Thence along Southerly . O . 'W" •• line OT Colorado State ?-?
i 2 ' Ch-
way 63 N 78 °10 ' 11 " 5 2 . -
`l 63 _`eat to a point on the
approximate Northwesterly
P . O . W .
Ogilvy. line or the
as now constructed ;
- - itc'r,
Thence along the approximate Northwesterly^ R , _-
said Ogilvy Ditch the f :ii . t celis: or •
- �- lo'" .nc courses and cistans
•
S 16° 52 ' 20" E 86 . 12 feet ; •
S 21 ° 42 ' 45" E 213. 39 feet;
S 09 °28 ' 09 "• W 84 . 09 feet ;
•
S 50 °06 ' 41 " W 103. 06 feet ; •
S 77 °33 ' 22 " W 135. 50 feet ;
S 79 °23 ' 31."= W 159 . 38 feet ; to a point;
Thence leaving said approximate Northwesterly R. O.W. Line
of said Ogilvy Ditch N D3 °47 ' 04 " W, 425 . 12 feet to the
True. Point of Beginning.
Said parcel contains 3 . 476 acres more or less .
Also excluded is :
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tract of land located in the Southeast Quarter E )cf Section 1 .eatto_ (S
Tow-nship 5 North , Range 65 West of the
6th P . M. , Weld County , Colorado . Lying South and East
of the Ogilvy Ditch as the same now constructed .
Beginning at the Northeast Corner of the Humane Society
property as descri
bed in the deed recorded in Book 795 ,
Reception Number 1716761 .
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More particularly described as follows : Alone
imate Northwesterly Lineitc =by -the
of the Ogilvy Ditch by the
following courses and distances :
South 16 °52 ' 20 " East, 86 . 12 feet ;
South 21°42 ' 45 " East , 213 . 39 feet ;
South 09 °28 ' 09 " West , 9
85 . 0. feet ;eet • thence leaving said
parcel in a southerly direction 702 ;feet
` • thence
Easterly 1118 feet more or less to a t on t
line of Section 1; point the East
thence North along the East line of
Section 1 to a point which. is 315 feet North
e_ the
southeast Corner of the ;�r of the SE; ,
described in the Section l as
deed recorded in Bock
thence Northwesterly alongol._ e5 o3, Page a -
11082 the West line o' saic par-
cel feet more or less to a point cn the Southerly
R. O: W. line of Colorado State Highway 253 ; thence leaving
said parcel in a Westerly -
direction along the South
R. D. W . line of Colorado State Highway
or less to the T e P ' 263 420 feet more
*'n_ Point of Beginning .
Said parcel contains 21 . 5 Acres more or less .
Section 2 : All that part of the Ex
of the SE;2' lying south of State
Highway € 263 as presently constructed , being
ticularly described as more sou-
_o11ow's : Becinninc at the south-
east corner of said Section 2 ,
and considering the East
line of the SE: of said Section
G1 ° 05 ' -". 6 " _ 2 as bearing Nortr:
East , with all other bearings
relative thereto; thence North 01 ° contained Ea , herein
East line o_fSE; of OS 2 , 429. abet the.
the said Section 2 , 142c . 3o
a point on the doer to
, 2 Soutr. � ignt• o` way line of Colorado State
Highway 63 ; thence South 60 °39 ' 19 ^
< _ West , cloSe sad
South right cf way line , :53 . 88 feet; thence
`ones South
01 ° 02 ' 52" West 672 . 04
feet to the south line of the
SE; of said Section 2 ; thence South 89 ° 48 ' 16 "ofEast ,
along the south. line
the SEA of said Section 2 , ' 323
. 7i
: get to the southeast corner of said Sectior. 2 ,
said
pert being the point of b=gin..^,i-c , said described c--c of land contains 31 . 936ei
acres , more er less .
- _ - - -
; Colon,:c .state Commission, -__,-,2e/7;
RECEIPT AND OPTION CONTRACT
AND RANCH)
{
September 1.0 19.81_
RECEIVED Glen Rouse
I Purchaser 10 R90n9fDFxnx9'h the sum of y$ 10,000,00 - the form ofm_perhis escrow
owor
ontOt tee account, III
to be held by Austin & Austin E. R. Austin broker,
as earnest money and part payment for the following described real estate situate in the
County of Wei d ,Colorado,to wit:
See Exhibit A attached hereto for complete legal description and
a part of this contract by reference.
with all easements and rights of way appurtenant thereto,all improvements thereon and all fixtures of a permanent
nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear i
e whit6wopert 00chaser agrees
Davisto Ranch 9tin) following terms and 10,000.00n `or the purchase price of
excepted,
which property
$ --- x payable as follows: hereby receipted for, I
$ 641,000,00 to be paid as follows: An additional $121 ,000.00 to be paid in
cash or certified funds upon date of closing and delivery of deed; $520,000.00
i! to be paid in cash or certified funds as the result of purchaser acquiring I,
a Federal Land Bank loan for this amount. This contract is expressly contingent
upon Purchaser being able to acquire said loan commitment within 30 days from
the execution date of this contract. In the event purchaser is unable to secure** !
Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser_
** said lopcommitment, this contract shall become null and void and the earnest' ',
money shall be e-urned to thetpurcha�se-
1. If atnote and trust eec or mortgage is to e assum c,-tine purchaser agrees to apply for a loan assumption if
required and purchaser agrees to pay(I)a loan transfer fee not to exceed$_11Ct t- applicable and(2)an interest I
rate not to exceed -7; per annum. If the lender's consent to a loan assumption is required, this contract is - '
expressly conditioned upon obtaining such consent without change in the terms and conditions of such loan except as
above stated.
If a secured or unsecured loan is to be carried by the seller, seller shall not be obligated to carry said loan for any - -
person or entity in lieu of the purchaser named herein.
2. Price to include the following personal property- none •
I I
to be conveyed by bill of sale at time of closing in their present condition,free and clear of all per:;or:al property taxes,
liens and encumbrances,except: no exceptions
and except any personal property liens in any encumbrance specified in paragraph 5.
The following fixtures of a permanent nature are excluded from this sale: none
II
3. Price to include the followingwater rights: Twelve (12) shares of the capital stock of the
Delta Irrigation Co. ; one (1 ) irrigation well , 'properly registered and adjudicate✓
together with all pumping equipment presently located on property
4. Atadlibie to said property, r a current commitment for title insurance policy in an I,
amount e ual to the urchase price, at sel '. option and expense, shall be furnished the purchaser on or before
�0ctO1
. 298119 .If seller elects to furnish said title insurance commitment,seller will
deliver thlr„r e insuta Ce Iroli�y�.o purcha ter closing and pay the premium thereon.
5. e shall be merchantable in the seller, except as stated in this paragraph and in paragraph 12. Subject to i,
payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser.
the sellr shall execute and deliver a good and sufficient general warranty deed to said purchaser on j
dOVEICI�P_T � - i9gg_ or,by mutual agreement, at an earlier date,conveying said property free and
Mot* 14 taxes,exeep tct general taxes for 19 a2_,payable January 1,1983 and except n0 exceptions
free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of ah liens '
and encumbrances except: no exceptions
No. SC 24-12-77.Receipt and Option Contract(Farm and Ranch)
Acme Printing 1013 8th Avenue
sod except the following easements: any visual , those of record and/or contract
and subject to building and zoning regulations and the following restrictive covenants: those of record
• and a Right of Overflightstated in Exhibit A which is attached heret14 an ' a part
of this contract by reference. kL)
Any encumbrance required to be paid may be paid at the time of settlement from the proceeds his isnotion
or from any other source.
6. General taxes for the year of closing shall be apportioned to date of delivery of deed based on the most recent
levy and the most recent assessment. Prepaid rents,water rents,sewer rents, and interest on encumbrances, if any,
and __none other
shall be apportioned to date of delivery of deed., except that Purchaser shall pay all 1982 taxes
and water rents.
7. With respect to the growing crops the seller and purchaser agree as follows: Sellers to receive
full proceeds of 1981 crops
8. The hour and place of closing shall be as designated by Austin__&_ Austin Real Estate
9. Possession of premises shall be delivered to purchaser on closing date u)
with no rent payment `hue`
IN
to purchaser \'subject to the following leases or tenancies: Parcel A leased to Harold Law,/ 1000000Q0=-1040QpniNi 'C
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10. The risk of loss from any damage to the improac:rents by fire or other casualty prior to date of closing shall be
on the seller, provided, however, that if the seller shall maintain insurance on said improvements which will compen-
sate for the full replacement value thereof, the seller may at his option assign the proceeds of said insurance to
purchaser, in which case the purchaser shall complete the transaction as herein provided. The risk of loss for any
damage to growing crops, by fire or other casualty shall be borne by the party entitled to said crops as provided in
paragraph 7,and such party shall be entitled to the insurance proceeds.
11. Time is of the essence hereof, and if ally payment or any other condition hereof is not made, tendered or
performed as herein provided, there shall be the following remedies. In the event a payment or any other couditimt
hereof is not made,tendered or performed by the purchaser,then this contract shall be null and void an''of no et feet,
and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on
behalf of the serer as -.-quidated damages. In the event that the seller fails to per'or m any condition herc-„f rs
Pro Tided herein, ther t 2 purchaser may, at his election, treat the contract as terminated, and all payments 111,.c0
h.-rounder shall be rehn ied to the purchaser; provided, however, that the purchaser may, at his election, treat t his
contl act as being in fud Mrce and effect with the right to an Liebe.)for specific per for,nance and damages.
'2 Except as stated in paragraph 5, if title is not merch ir:able and written notice of defectts) is ,cis, I h•; Uha
pur.hserorp,n,hss( r:• agent I.) 1he seller,4c sYOiu ,: . u.t .,nJ,u, tb.. I i nfo herein provided for deleci is d ..,.i
s._ad not he renderedn,erchan rlble within.{U day,;liter-in h win.ten not it then h,s co,,tract,at pu'u,as I
shall be vied and of no effect and each party her shall be released from all obligations hereunder and the I ,moths
made hereunder :h,,Ii he returned riot-thwit1i to purchaser ha-ser upon fl turu of the abstract, if and to Celle, , ea.
h,nv-c•'r,t hat in lieu it correcting such d„firttst,>cl ,. ray. ,n.. t ir. snid 30 d,.r,s,obtain a commit eient. fair
' , r[1'r jildiC, AI tl .- :vu,., , nll Ill. WO s ha;e' :in, .Hiv:_ti, 1[rtl,. ,usu nn'e pr'ot•t tom in Tess, ci td se
Ili,-i- , ;sin H ;inid , llii r, , ids tin.-itch ...,. I it .;s , au. ,, :ii , and the 1 . r:t t, if nee, hall ,. ,
b y I _c plus i.ate'.
c; Ad,mionalpto„miens: This offer is expressly contingent upon purchaser hei,ttq able
to lease that portion of the property described as "Parcel 8" on attached Exhibit 13
for a five (5) year period with annual lease paymentsof $2,100.00 together with the
right of first refusal on the renewal date.
11. If :Ins p, r _si i, ;omitted Sy the elle; in wrong di or be March 14 -Adore . I,, 81
mid rnmenl :shah i unit. a (APIA ract I hao n ..Ilrr ; n.l p, .ciuna.I and chat! mu:'e to tin I .ncl„ u. , C ,
fI { -- 1
Agent _AUST.;IN &_AUSTIN_ REAL ESTATE
„- GI'en aouse ate
B} Air‘g,..„,„,_F'urrhes rLine ✓fit- _.__. __._.
Seller accepts the above proposal this /V day of— yte-fac, ,19 and agrees
to pay a commission of�_%of the gross sales price for services in this transaction. and agrees that, in the event of
forfeiture of payments made by purchaser,such payments shall be divided between the seller's broker and the seller,
nWE A:INTXteby,dt Fp OF LLDxceed the C0UNTYrC0MMISS'and t he I0NERSbaI``ncetotheseuer.
Seller -- --
Purchaser's Address 120 Fairway Lane, Ft. Collins, Colorado 80525 226-1928
Seller's Address
EXHIBIT A
Addendum to Receipt and Option Contract dated September 10,1981 between
Weld County by Board of County Commissioners, Seller and Glen Rouse, Purchaser.
LEGAL DESCRIPTION: Part of Section Eleven & Twelve, Twn. Five North, Range
Sixty-five West of the Sixth Principal Meridian, Weld Co. Colorado
(Sec. 11 & 12, Twn. 5N, Range 65W) more particularly described as Parcel "A"
on attached Exhibit B, Davis Ranch Survey dated 4-27-81 , attached hereto and
a part of this contract by reference.
Together with all of the present owners minerals (if any) including interest
in any gravel will he conveyed with the property.
Also to include that portion of Parcel "B" in Section One, Township Five
North, Range Sixty-Five West of the Sixth Principal Meridian , Weld County,
Colorado (Sec. 1 , Twn . 5 N, Range 65 W) lying North of Parcel "A" and
South of an existing fence line running West from the East line of Sec-
tion One approximately 20 rods North of Parcel "A" (The exact board'ry
line to be determined by a survey prior to the closing date and paid for
by purchaser. )
Subject to building and zoning regulations and the following restrictive
OL
covenants:
RIGHT OF OVERFLIGHT
Seller shall reserve unto itself, its successors and assigns , for the use
and benefit of the public , a right of flight for the passage of aircraft
in the airspace above the surface of the real property Iereinafter described ,
together with the right to cause in said airspace such noise as may be
inherent in the operation of aircraft now known or hereafter used for
navigation of or flight in the said airspace and for use of said airspace
for landing on, taking off from, or operating on the Weld County Municipal
Airport.
Seller expressly agrees for itself , its successors and assigns to prevent
any use of the hereinafter described real property which would interfere
with landing or taking off of aircraft at the Weld County Municipal Airport ,
or otherwise constitute an airport hazard. In the event the aforesaid
covenant is breached, the grantor is to reserve the right to enter. upon the
land released hereunder and to remove the offending struc .. .re or• object and
to cut the offending growth, ail of which shall be at the expense of the
grantee.
EXHIBIT A
Addendum to Receipt and Option Contract dated September 10,1981 between
Weld County by Board of County Commissioners, Seller and Glen Rouse, Purchaser.
LEGAL DESCRIPTION: Part of Section Eleven & Twelve, Twn. Five North, Range
Sixty-five West of the Sixth Principal Meridian, Weld Co. Colorado
(Sec. 11 & 12, Twn. 5N, Range 65W) more particularly described as Parcel "A"
on attached Exhibit B, Davis Ranch Survey dated 4-27-81 , attached hereto and
a part of this contract by reference.
Together with all of the present owners minerals (if any) including interest
in any gravel will be conveyed with the property.
Also to include that portion of Parcel "B" in Section One, Township Five
North, Range Sixty-Five West of the Sixth Principal Meridian , Weld County,
Colorado (Sec. 1 , Twn. 5 N, Range 65 W) lying North of Parcel "A" and
South of an existing fence line running West from the East line of Sec-
tion One approximately 20 rods North of Parcel "A" (The exact boundary
line to be determined by a survey prior to the closing date and paid for
by purchaser. )
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EXTENSION AGREEMENT
II
Se er Weld County
bRouse
Board of Weld County 1Os Commissioners
as Purehaaer(s)yand
.by_Board_-_ __---" y ... mmS Hers__-- ---- as Seller(s), relating
to s 1 • and purchase cf property known as _The Davis Ranch" I
L:! ,:.1 Description: Part of Section Eleven & Twelve, Twn. 5 North, Range 65 _
of the Sixth Principal Meridian and part of Section One, Township
(See ExxhibitRA F S xtt B,vResolutio_e West t-dthe
-14-81c and Ca h ase da ed--Weld
9-14- 81 attar cd hereto and a part C this agreement;-By reefierence. ) —
, ,
i II
_i_p, It is hereby mutually understood a agree that i for furnishing of Abstract or Title Insurance Co G
-9tH t in the aforesaid ,:mlh <t shall b xtenc to _ November 9 19j) I ipif i
P.cc - losing and delivery of decd adult 0 0 nded to _December 1 _- ' I
i Other dates set forth in said contract shall be extended as follows:
Terms & Conditions: Contract should be adjusted to llows,
"This contract is expressly contingent up Piar er g sail
loan commitment on or bsaid loantober
9 e ev t'Purcsh L
is unable to secure said loan cofimit n October 26, 1981 sh I i
notify the Sellers and/or their a en i tin on or or re ate
Upon receipt of written notification this contract �., r o e null ;
and void and the earnest money shall be returned ti j' rchaser. _
i,
earnest money is
Ali other terms and conditions hereof shall remain the same except
a $10,000.00 Cashiers Check ——
Dated thin 14th day e _October Is 81
WELD COUNTY by BOARD OF WELD i
7 C1. t �, MISS, R'
----±:444-2141,1„,,4___ By:
-C Glen Roui r I Seller
I
,
huhcliaaer Feller
Broker. _ AUSTIN & AUSTIN REAL ESTATE
&
Austin
j
I 1
No. CP-41.7.71 Extension Agreement
Th: printed portions of this 3., a, approved by the Colored, Real Estate Commission (CP-41-7-71)
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