The URL can be used to link to this page

Browse Search

Home My WebLink About20052496.tiff A RESOLUTION RE : APPROVE AGREEMENT FOR SALE AND PURCHASE OF MINERAL RIGHTS OWNED BY WELD COUNTY, COLORADO AND AUTHORIZE CHAIR TO SIGN - CERVI RANCHES 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, Weld County, Colorado , is the owner of vast acres of mineral lands located in Weld County , Colorado , and WHEREAS, the Department of Purchasing was authorized to solicit bids for the sale of a portion of said mineral acres not currently leased , and WHEREAS, at a regular meeting of the Board on August 22 , 2005 , bids were received from Cervi Ranches , and an oral auction was conducted for 160 net mineral acres , more or less , described to-wit: N1 /2NE1 /4 , SW1 /4NE1 /4ofSection 23 , Township 11 North , Range 56 West, and NW1 /4NW1 /4/4NW1 /4 of Section 24 , Township 11 North , Range 56 West of the 6th P . M . , Weld County , Colorado WHEREAS , Weld County desires to accept the sole bid offer submitted by Cervi Ranches , P . O . Box 606 , Sterling , Colorado 80751 , to purchase the above described mineral acreage for a total of $ 1 , 600 . 00 , as stated in the Agreement for Sale and Purchase of Mineral Rights , 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 sole bid offer of Cervi Ranches be, and hereby is , accepted . BE IT FURTHER RESOLVED by the Board that the Agreement for Sale and Purchase of Mineral Rights be , and hereby is , approved . BE IT FURTHER RESOLVED that the Chair be , and hereby is , authorized to sign any necessary paperwork . 2005-2496 LE0124 ( 0 e4 LE akek SALE OF MINERAL RIGHTS - CERVI RANCHES PAGE 2 The above and foregoing Resolution was , on motion duly made and seconded , adopted by the following vote on the 22nd day of August, A. D. , 2005 . BOARD OF COUNTY COMMISSIONERS Fill„8 WELD COUNTY, COLORADO 4.4-01rei Ha ' CFI A ' William Jerke , Chair eid County Clerk to the Board 17 "7-4%, . . le , ro-Tem eputy Clerk to the BoardI David (E\Long APP AS TQn WO:\610\ Robert.,D . Masde oun y o rney m-4- lenn as , ..„i_arteifi 0/A5-- 2005-2496 LE0124 LE O % k - � AGREEMENT FOR SALE AND PURCHASE OF MINERAL RIGHTS THIS AGREEMENT, made at Greeley, Colorado , this day of TVv /y , 2005 , between Ce V 1 ett ers_e4 P L3o ,c bpd sisrirs1 CO &27S/ 3 hereinafter " Purchas r, " and County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter " Seller" . WITNESSETH : 0 #iEOOo 4 That in consideration of the payment by the Pu aser to he Seller of the sum - + - 1iad / LJ $ a d other good and va uable consideration, Seller agrees to sell to the Purc ser and the Purchaser agrees to purchase from Seller only the minerals lying within or a part of Mfrnet i mineral acres , more or less, described to wit : ges it° .11 # 1 � si 4 (1 ) N'NE1 /4, SW1 /4 f El 4 of Section 23, Township 11 North, Range 56 West containing approximately 120 acre rights. (2) NW1 /4NW1 /4 Section 24, Townshipll North, Range 56 West containing approximately 40 acre rights. Said mineral rights are hereinafter referred to as the "Mineral Rights " according to the terms and conditions set forth herein. The agreement of sale and purchase of Mineral Rights are subject to the following conditions : 1 . Seller shall furnish to Purchaser a quit claim deed, with no covenants of warranty, pursuant to Section 39- 11 - 143 (5 ) , CRS , which shall convey the Mineral Rights . Any title insurance desired by Purchaser shall be provided by Purchaser. Page 1 of 3 Pages 2005-2496 flinice id 46-pitt& LS012-4 -- 2. The date of closing shall be the date of delivery of deed as agreed upon by both parties. 3. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: a. IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. b. IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages, or both. c. Anything to the contrary herein notwithstanding, in the vent of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, including attorneys' fees. 4. Possession of the Mineral Rights shall be delivered to Purchaser upon closing. 5. If this proposal is accepted by P rchaser in writing and Seller receives notice of such acceptance on or beforetsi this instrument shall become a contract between Seller and Purchasef d shall inure t the benefit of the heirs, successors, and assigns of such parties. 8 - — aC S f /g_oS U00ega a4 Page 2 of 3 Pages ��..�WITNESS HEREOF, the parties hereto have subscribed their names this day of August , 2005. 1861 ��a;.`�' �� ash "% ��T � BOARD OF COUNTY COMMISSIONERS 'I WELD COUNTY, COLORADO Clerk & Recorder an rk to the Board B Y: ^mot �... �✓ el yt L� i Chairman William H. Jerke BY: AUG 2 2 2005 Deputy unty Clerk (The following section to be completed by Purchaser) Purchaser accepts the above proposal this jS day of gai•bi" , 2005. PURCHASER: J%/ PM (Signature F�y pp ti a,,,, a e. py fo (Addr /07 / SUBSCRIBED AND SWORN to before me this /4 day of ✓ ,4 e , 2005. WITNESS my hand and official seal. •fary Pli ubc< My commission expires: A. 14y Caw:v.-3 ;ier zs ft •J,<>Ja Page 3 of 3 Pages a605.-4 y4 BID REQUEST NO. B019-05 RE: Sale of County Property of mineral rights only on: Gt/;�';ii (1) N'/zNE1/4, SW1/4 E1/4 of Section 23, Township 11 North, Range 56 West containing approximat ly 120 acre rights. (2) NW1/4NW1/4 Section 24, Townshipl l North, Range 56 West containing approximately 40 acre rights. Property includes mineral rights only. Any additional information pertaining to the mineral rights and bid instructions may be obtained from the Weld County Purchasing Department, 915 10th Street, Greeley, Colorado, telephone #970-356-4000 Ext. #4223. Sealed bids will be received in the Purchasing Department, Weld County Centennial Center, 915 10th Street, Greeley, Colorado until 8:30 a.m. on Wednesday August 3", 2005 for the mineral rights described above. The bids will be opened and read aloud during the regularly scheduled Weld County Commissioner's Public Board Meeting held in the assembly room on the first floor of the Centennial Building, 915 10th Street, Greeley, Colorado on Wednesday, AUGUST 3RD, 2005. The exact time of the reading will not be specified; however, the Weld County Board Meeting begins at 9:00 a.m., and bids will be listed on the agenda. After the bids are read an auction will be held and only the persons having submitted the two highest sealed bids and anyone within 10% of the highest sealed bid will participate in the auction. The attached sales contract will be used as the bid form. It is a legal instrument and if not understood, legal counsel should be consulted before signing. Completion of the real estate contract offer requires the bidder to fill in the following blanks and sign before a notary public. A. Bidder must fill in name of Purchaser in paragraph 1. B. Bidder must fill in full price offered in paragraph 2 of the sales contract. C. Bidder must sign in the Purchaser(s) signature block, complete address and have notarized in areas designated after paragraph 6. D. Bidder must enclose, in the form of certified funds, 10% of offer price. The completed and signed contract, together with the certified check, must be sealed in the enclosed envelope with your name and address in the upper left-hand corner of the envelope. Certified funds for 10% of offer must accompany the contract in the sealed envelope or the bid will be returned. The check for 10% of the offered amount will be returned to the unsuccessful bidders immediately after the awarding of the bid. The name and address of the bidder must appear on the check. Checks are to be made payable to the Board of Weld County Commissioners. NOTICE TO BIDDERS RE: Sale of County Property of mineral rights only on: (1) N1/2NE1/4, SW1/4,NE1/4 of Section 23, Township 11 North, Range 56 West containing approximately 120 acre rights. (2) NW1/4NW1/4 Section 24, Township] l North, Range 56 West containing approximately 40 acre rights. Property includes mineral rights only. Any additional information pertaining to the mineral rights and bid instructions may be obtained from the Weld County Purchasing Department, 915 10th Street, Greeley, Colorado, telephone #970-356-4000 Ext. #4223. Sealed bids will be received in the Purchasing Department, Weld County Centennial Center, 915 10th Street, Greeley, Colorado until 8:30 a.m. on Wednesday August 3rd, 2005 for the mineral rights described above. The bids will be opened and read aloud during the regularly scheduled Weld County Commissioner's Public Board Meeting held in the assembly room on the first floor of the Centennial Building, 915 10th Street, Greeley, Colorado on Wednesday AUGUST 3RD, 2005. The exact time of the reading will not be specified; however, the Weld County Board Meeting begins at 9:00 a.m., and bids will be listed on the agenda. After the bids are read an auction will be held and only the persons having submitted the two highest sealed bids and anyone within 10% of the highest sealed bid will participate in the auction. It is understood that the Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informalities in bids, and to accept the bid that, in the opinion of the Board, is to the best interests of the Board and of the County of Weld, State of Colorado. WELD COUNTY, COLORADO BY: war Pat Persichino Director of General Services Fort Lupton Press Date: July 13`h, 2005 o_ QUIT CLAIM DEED THIS DEED is made this 9'h day of November, 2005, between Weld County, Colorado, a body politic and corporate of the State of Colorado of the first part, and to Cervi Enterprises, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of One-Thousand Six-Hundred Dollars ($1,600), 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: All of the minerals in the parcels described as: N%NE'/4, SW'/4NE'/4 of Section 23, Township 11 North, Range 56 West of the 6th P.M., Weld County, Colorado; and NW'/4NW'/4 of Section 24, Township 11 North, Range 56 West of the 6th P.M., Weld County, Colorado. 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 22'day of August, 2005, have hereunto set my hand and affixed the seal of said County this 9th day of November, 2005,, for fo the uses and purposes therein set forth. /ATTEST: agsm .h COUNTY OF WELD, STATE OF COLORADO, A BODY POLITIC AND ♦'�.�tyy • THE BOARD OF CORPORATE OF THE STATE OF MMISSIONERS COLORADO test /1 ` /� BY: e PLC. .₹1• y'+ rk to the ard William H. Jerke, Chairman 4•7v0 W\\ 11/09/2005 ATE OF COLORADO ) (original approved 08/22/2005) County of Weld ) ss. The foregoing instrument was acknowledged before me this 9th day of November, 2005,by William H.Jerke,as Chairman of the Board o tat issioners of the County of Weld,State of Colorado. O(P.•• ••..4? Witness my hand and official se th>� 9�1$�I$IoYerr} er,9.D., 2005. KAHL t. *OF cD'-Ox' My commission expires: My Commission Expires IWoy 15,2006 1 HID 11111 11111 EDI 11111111111111111 11111 IIII IIII 3340095 11/15/2005 01:47P Weld County, CO 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2DDS - 2t4`7l� Hello