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Home My WebLink About20051216.tiff RESOLUTION RE: APPROVE TRANSFER OF OWNERSHIP BY QUIT CLAIM DEED OF RIGHTS-OF-WAY LOCATED IN THE SE1/4 SE1/4 AND SW1/4 SE1/4,S25,T6N, R66W AND AUTHORIZE CHAIR TO SIGN - MONFORT NKA SWIFT BEEF COMPANY, A DELAWARE CORPORATION 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, by Treasurers' Deeds dated May 14, 1940, and recorded in Book 1063, Pages 39 and 40, the Board of County Commissioners of the County of Weld took ownership of rights-of-way located in the SE1/4 SE1/4 and SW1/4 SE1/4 of Section 25, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS,the exact location and nature of said rights-of-way are unknown, and there is no known use of said right-of-way necessary for County government, and WHEREAS, said rights-of-way are located on property owned by Monfort nka Swift Beef Company, a Delaware Corporation, and WHEREAS, Weld County now desires to convey ownership of said rights-of-way by quit claim deed to Monfort nka Swift Beef Company, a Delaware Corp., for the sum of$10.00. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the transfer of ownership by quit claim deed of rights-of-way located in the SE1/4 SE1/4 and SW 1/4/4 SE1/4 of Section 25,Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, to Monfort nka Swift Beef Company, a Delaware Corp., for the sum of $10.00. BE IT FURTHER RESOLVED by the Board that the Chairman is authorized to sign said quit claim deed. 2005-1216 PR0027 04- TRANSFER R-O-W 25-06-66 - MONFORT NKA SWIFT BEEF COMPANY, A DELAWARE CORPORATION PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 18th day of April, A.D., 2005. 40 r /N BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , .010) i /ka% we William H. J ke, Chair • l 'Jfty Clerk to the Board J. eile, ro- em BY: Deputy Clerk to the Board 'v D id E. Lon APP V AS T7O-c-C Robert D. Maiden my Atto y ,►'/pu,K fi GI-nn Vaad Date of signature: 4426- 2005-1216 PR0027 982 QUIT CLAIM DEED THIS DEED is made this day of April, 2005, between County of Weld, a body politic and corporate of the State of Colorado of the first part, and to Monfort nka Swift Beef Company, a Deleware Corp., of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten and no/100 Dollars ($10.00), 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 lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: R/W over& across SEYSEY: Section 25, Township 6 North, Range 66 West, conveyed to the County of Weld by Treasurer's Deed dated April 8, 1940, and recorded in the Office of the Weld County Clerk and Recorder May 14, 1940, at Book 1063, Page 39. R/W over& across SW'/SE%: Section 25, Township 6 North,Range 66 West, conveyed to the County of Weld by Treasurer's Deed dated April 8, 1940, and recorded in the Office of the Weld County Clerk and Recorder May 14, 1940, at Book 1063, Page 40. 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, heirs 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 H. Jerke, 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 ;sr day of April, 2005, have hereunto set my hand and affixed the seal of said County this i6 it` day of April, 2005, for the uses and purposes therein set forth. ATTEST: � v COUNTY OF WELD, STATE OF jE JJ`'• COLORADO, A BODY POLITIC AND CLERK TO THE BOARD OF `' ''i ORPORATE OF THE STATE OF COUNTY COMMISSIONERS y•LORADO 1861 t . aT . 'fir ` BY: / � iii- :,r�.�� _ �—,� A Y: Deputy Clerk to the Board �� i William H. Jerke, Chairman `arI STATE OF COLORADO ) APR 18 2005 County of Weld ) ss. The foregoing instrument was ackno Slot, day of April,2005,by William H. Jerke, as Chairman of the Board of County U.nhitissioners of t ounty of Weld, State of Colorado. / Witness my hand and official seal His fK dHApl 9C�•••. ... '.••, ' _ (-Z./ 1 0F cot' , .. My commission expires: MyOe�t3+1euCipire:May 15 2006 1111111 11111 11111 1111! 11111 1111111 11111 111 111111111 1111 3280982 04/27/2005 11:32A Weld County, CO 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ro — jaiL NAI Realtec Greeley 801 8th St. Ste 110 Greeley, Colorado 80631 ph 970-346-9900 fax 970-304-0707 email: bblach@realtecgreeley.com DATE: March 21, 2005 TO: Bruce Barker FAX: FROM: Bernie Blach, CCIM RE: Swift Title issues Bruce Attached is the Title commitment on the Sec 25 land. The Buyer has a Title requirement to define or remove the Item 13. I have attached other documents that may or may not give a clue as to why the Treasurers deeds were granted to begin with. We need your assistance in cleaning this up. Bernie Bernie Blatt CCIM Broker NAI REALTEC GREELEY COMMERCIAL REAL ESTATE SERVICES,WORLDWIDE. 801 8th Street,Suite 110 Greeley,CO 80631 970/346.9900 FAX 970/304-0707 CELL PHONE 970/481-5822 1 EMAIL bblach0realtecgreeley.com (,('I DEL http://www.realtecgreeley.com WCR 66 \u\__ (//// / U � SITE co 0 STREET TO GREELEY r% t VICINITY MAP P NOT TO SCALE NOTES: 1. BEARINGS ARE REFERRED TO THE EAST LINE OF THE SE1/4 OF SECTION 25 AS BEARING S01'24423"W (ASSUMED,MERIDIAN). 2. RECORDED EASEMENTS AND RIGHTS-OF-WAY WERE RESEARCHED AND SHOWN PER FIRST AMERICAN HERITAGE TITLE COMPANY, TITLE COMPANY, TITLE COMMITMENT NO. 812-H0025599-081-TMY, AMENDMENT NO. 3. EFFECTIVE DATE: JANUARY 14, 2005. 3. SET #5 REBARS WITH ALUMINUM CAPS MARKED "D.B. & CO. PLS 28285" AT ALL EXTERIOR BOUNDARY CORNERS UNLESS OTHERWISE NOTED. SUBJECT PROPERTY IS SUBJECT TO THE FOLLOWING EXCEPTIONS PER THE TITLE COMMITMENT: 7. ALL MINERAL LANDS EXCEPT COAL AND IRON AS RESERVED IN BOOK 20 AT PAGE 75. 8. SPECIAL LIQUOR COVENANTS CONTAINED IN INSTRUMENT RECORDED IN BOOK 2 AT PAGE 275, IN BOOK 12 AT PAGE 61, IN BOOK 12 AT PAGE 41 AND IN BOOK 16 AT PAGE 42. 9. AN UNDIVIDED 1/2 INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED IN BOOK 1524 AT PAGE 453. 10. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBUGATIONS SPECIFIED UNDER THE AGREEMENT RECORDED IN BOOK 1505 AT PAGE 266. 11. AN EASEMENT FOR COMMUNICATION LINES RECORDED IN BOOK 332 AT PAGE 1I 484. (NOT SPECIFICALLY DEFINED) 12. RESERVATIONS CONTAINED IN DEED RECORDED IN BOOK 430 AT PAGE 334. N 13. RIGHTS-OF-WAY CONTAINED IN DEEDS RECORDED IN BOOK 1063 AT PAGES 39 AND 40 IN BOOK 1212 AT PAGE 331 AND IN BOOK 1102 AT PAGE 340. (NOT 01/24/2005 3:57:58 kmb S;F File No.: 812-H0025599-081-TMy,Amendment No.4 Form No. 1344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B -Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. Z. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements,not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. All taxes and assessments, now or heretofore assessed,due or payable. 7. All mineral lands except coal and iron as reserved in United States Patent recorded April 29, 1876 in Book 20 at Page 75. 8. Special liquor covenants which prohibit the manufacture, sale or distribution of intoxicating liquors upon the land and which provide for reversion of legal title in event of breach of these covenants contained in instruments recorded March 23, 1871 in Book 2 at Page 275 (SW4SE4) and October 31, 1874 in Book 12 at Page 64 (SE4NE4) and in Book 12 at Page 41 (NE4SE4) and April 29, 1878 in Book 16 at Page 42 (SE4SE4). 9. An undivided /2 interest in all oil, gas and other minerals as reserved by deed recorded February 13, 1959 in Book 1524 at Page 453 (S2NE4), and any and all assignments thereof or interests therein. 10. Terms, conditions, • ovisions, agreements and obligations specified under the Agreement recorded June 13, 1956 in Boo. 1505 at Page .. 11. An easement for communication lines and incidental purposes granted to Colorado Telephone Company by the instrument recorded in Book 332 at Page 12. Reservations contained in deed recorde anuary 13, 1916 'n Book 430 at Page 334. 13. Rights of way contained in deeds recorded in ook 1063 at Pages 39 and 40 and in Book 1212 at Page 331 and in Book 1102 at Page 340, 14. An easement for utilities and incidental purposes granted to Home Light and Power by the instrument recorded October 19, 1959 in Book 1542 at Page 556. 15. An easement for pipelines and incidental purposes granted to North Weld County Water District by the instrument recorded January 28, 1964 in Book 505 at Reception Nos. 1427528, 1427529 and 1427551. 16. Right of way for Child's Ditch as it currently exists. • ,r. s ct,t s, r _. .(.. -...+ :-1161 ".- ♦ .n, y li..r h'i i s w;clM .J r!!f, . I t .•+ Ir mac. •• MAY 1! im };x M.r„t,IslWatts tlz Oa PLeiac 11... 'ti. TitAaUlietl OTTO TO COMITY—Tip W Vsy PHs,m. C,«In.Cabliarl elun9).Ol.I .JR/1a7Uil Y 39 v nnin nil men bj !Igor ilFFIIP111II, flat,Whereas,the following described real property,vie; —� Rill over& eeroea SC}SR): Recision 25, Township 6 North, Range 66 asst. / Id,% � i , I • _ •r situated in the County of Weld and Stale of Colorado,wax subject to taxation for the yew(errs*A.D,192a... V,i' A Dat WHERE/S,the taxes assessed amore said property for the year(>epta)aforesaid remained due and -i:. unpaid at the date of the sale hereinafter named; ' AND WHEREAS,the Treasurer of the said County jnsiidr .Li, dy zdiame petionolss4nmtatpsrtja I` _ _ .mu inlwbmthoei kUdwdaTersta he,zte a1/satz4batiad'ngannnGult%leati6MaEds Mbetaganveraaermteggaowtta i, ,6111 • aglalavbgeaWsdotladmxacqdi(aWankmadshi d gpYYtbodcze omWolnarP+mai6 9'r2, did,on r the_1ELh__day of....Imeonbet.__.....,A.D,19E0,by virtue of the authority vested in him by law.at an adjourned mit,the sale begun and publicly held on the ..11th-.-lay of.._..DAWh9. nf.__,A.D.,I925_,espoe '' I to public sale at the once of the Treasurer,in the County aforesaid, in substantial conformity with the require- t`; ments of the statute in such case made and provided, the real property above described for the payment al the '''.'e .:: . tau s,interest and costs then due and remaining unpaid an said property; ei; AND WHEREAS,et the sale so held as aforesaid by the Treasurer, no bids were offered or nude by any person or persona for the add property and ea person or persons having offered to pay the said lases,Interest and costs upon the said property for that year (oar) and the said Treasurer having passed such real property over for the time,did re-offer it at the beginning of the sale the nest day(and each suceceNng day of said sale)and the ). Treasurer having become saddled that no sale of said property could be bad,therefore,the said property wen,by the then Treasurer et the said County, strkken off to the said County,and certificate__of sale(was) fosse) duly �':'1`: issued therefor to the said County In accordance with the statute in such use made and provided. ',fi t • AND R7fERP_4S the soldts.ld pou ._ (was) fmaanat alb)assessed for that year (meant at a sum of "'a, lam(more) than one hundred dollan: -I- AND WHEREAS the said County has held said Certificate... of sale for three yan a more and the said J. prepert.y_..has (ins) not been redeemed therefrom as provided by law. AND WHEREAS the Board of County Commissioners of said County has made application la a tas deed; • AND WHEREAS all the provisions of the statutes prescribing prerequisite'to obtaining On deeds have been ._ fully complied with,and as now of record and filed in the oli,ce of the County Treasurer of said County; NOW THEREFORE,I, r-rray..3..Yitwet.... .....,Treasurer of the County alwaadd,and by yhtae nu of the statute in such are de ati provided,have granted, bargained and said and by these Feuds'ddqq + bargain and sell the above and foregoing described real estate unto the said County of Weld, loured sh t 0 --t all rights of redemption by mhos,insane persons or idiots provided by law. at' s ! 'e 111 IN WITNESS WHEREOF,I, .__.ifuces.3..IIltnen .._..._,Trams as daaddby Thews' ,�I _ authority aforesaid,have hereunto set my bend and seal this _Slit._. y of__.am9 t r / 7 eirldC- I Certificate No..._._3259_..._.Book No. 6_,_Tex Sale Record. 07gkit STATE. OF COLORADO, Comm or Wan .7do.. The fbregoins��d�t;r,,tt¢�us,t was ackmwledged before me this. ,.,easy of._._._ Ear _ A.D,l9_4-9, r '� bys....___42.. : '""'?' !. xlt.sntr__.,_.. as County Treasurer a and for the County of Weld la the Storks of C:ate. v :,U•Y...-__ Cappayii p614.1tfd Octal seal this -6-!--4. day of MC> /2 _.,A.D.,19±.€3. r. ,. -"Ly 121,t�, _�T COURT71.1. _ f I ri Of DI 1fliCi COVRI, Nr1err7f6Yr...�- ,' WYoiCnonh, °Raw O c i 'ygyy'' I;1E S4 v 3ut' ' ' : -..iZ"er • ,...' 1�1�' /e l '1Y.2r1St.•. i'..:1--...1.•:-.�1. .'' Y `�t 1er,3.Y,iff. ,i � iFtl, e � 40 neca ded MAY 14 194Drlgpa 0 rlakt4,N._ ' f y 1f )} r^`+� t ++ .6pJ4i6�' (f %1:',./{1.i',/;:i%[1:''., r P.W rvs�f ? �(}�� q_F &caution.4.'1 7 WALIt d t ...,J.AY.Rreanler •: Fit:-I <- r . i,es vauuvwmra DXSD TO CoytrTT—TM veer M.Im,u.,ln, " _. I t i,�y,l•J rlt__ 1 tit 9 {fP44f 1 l fi " t,dfasa f .1.' 'y! ?Sunni Ill Lint hg flint jkPSFDID, TWt,N1ernt,the following desisted reel property,vii:� 4;31 'f i •1 jy<i II r �, ;err... VW ms[a sateen tfR}+Jf}t daatloa Rb, Township g North, Anal 66 thou. t!1 Yf f•!(.... r1l r�r „;.'/'''.-1;‘..,''.:,..,,u..., ,q - •4'' I y -,i it}r 1 1 / 'r t 1.../`7' t Is. 1 11 1 , / I; / I l ‘e.:,.. I d , :- s.. T I LI:;I situated in the County of Weld and Slate of Calandra,was subject to tandem for the year(aozasa)A.D 1197.1... I'll --/ AND WHEREAS,the tarn assessed %pep said property foe the year (mpaos) aforesaid remained due and unpaid at the date of the tale hereinafter named; AND WhIEREA5,the Treasurer of the said County lesiainstaidyeadrestlemmidrathetimemdaithankympensf xte:vJs sakdaa.le..maw:."-..'[.s s ex=r4fauetirma ntlalluFella 1 , t� mler } d i r ,,-,-7,.•••,', ..;•,, ,Cl. . + II eodibvso6x6rm1aioxivsNizzF+6 ualsb dtlehdmlcslsl: did,on the__.1211,..tidy of_..Denaoavi--,A.D.,1911 by virtue o1 the authority vested in biro by law,at an d -,cm,,,, r ' adjourned sale,the sale begun and publicly held on the_1.15b_day of—DIST- !T,A.D.,I923_,apse ,., t ' 1 1 to pubik sale at the office of the Treasurer,in the County aforesaid,In substantial cnlonmity with the require- , J . menu of the statute in such case made and provided. the real property above descried lee the payment of the 1 taxa,interest and costs then due and remaking unpaid an said property; f r 1 1 AND WHEREAS,at the sale so held as aforesaid by the Treasurer, no bids were offered or made by my I person or persons nor to said property and no pens on—crams laving offered to pay the said We,interest and mats upon the said prgxtty for tWt year pagaaal and the said Treasurer having pissed such real property over t f d r r iS for the time,did rbeffre it at the beginning of the sale the next day(and each intending day of said sale)and the bethe Treasurer hiving become satisfied that no sale of said property could be bad,therefore,,the said property was,by the then Treasurer of the said County,stricken off to the said County,and certificate_of sale(was)laws)duly t r r Issued therefor to the said County In accordance with the statute in such as made and provided. d •+," I n ,E'' AND WNERFAS the said properly..-.- (was) iemerxw amly'1 assesed for that year fax-Imme4 al a sum of Ian(more) than oat hundred dollar:: _ -,d d ' AND WHEREAS the said Corny bas held said Certificate._ or sale for three years or mote and the said /.:: . property-_has (hap) not been redeemed therefrom as provided by law. s ;S.. mil"'b., , AND WHEREAS the Doled of County Commissioners of said Count:has made applalion for a tax deed; :A _,4.:71-:_...„-: AND 9,11::::::.4-5 all the lore of the statuteprescribing ilwaa'4 t the to obtaining o tax deeds have been r fully compiled with,and an now of roved and filed in the office of the County Treasurer of said County; n� 3:'. NOW THEREFORE,I, _ pr c _Jfhi a Fei_..._._.,pined and of the Couny aforesaid,aced by g r sat, - th69 ^) f' of the statute In such cue nude and povlded,have panted,bunto an sold and by these presents de{g�qt, ,;244••_ bxpin and sell the above and foregoing described real estate unto the said County of Weld, forevna.d lxa all rights of redemption Insane by minors,Insane genera err idiots provided by law, Z -s d 9 9_ N. TN WITNESS WHEREOF,I,._..Tle[aay-1- 1Ll?s^...____...._.y Treasurer as aforesaid,by virtue a� I r - 5: authority aforesaid,have hereunto set my band and seal lids _._e _1D._day of Bred —;- -1( 1>k S �� Z _ewrs afClu(✓ el Weld Cmsfjs C40 i... r I '1.21 Certificate Na._ _ _...Doak No. d No. .6.-.7u Sale Record aD • 12,4•2l.' ' Year of Sale_1.9Zff__S.D. it _ '? 'ss• - STATE q orO[Fy COLORADO,' a i i iff 5Si; nee'••foregsing 4r t was acknowledged beton me Ibis. 6th_ i day of..._�_y+.L�,A,D.,l9 d t , t?P- _ AYL___as County Treason in and for the County of Weld In the 'd I' I s",- Id♦k 6' a ' [ itcs arj' sal IDb�uL_day d. _,A.D.,1940 $.7..,..: H.-.,,--,:-.--4..-.t . V #Fyn; v- ./a'>° La IY i. Ace i ° + n e OF HIS ICs CDURl, all1F F•eaia� ., a:, ' h Gkvads _ d Hello