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Home My WebLink About810316.tiff RESOLUTION RE: SELECTION OF AUSTIN AND AUSTIN AS REALTOR TO MARKET THE DAVIS RANCH 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, proposals have been submitted by several realty firms for the marketing of the Davis Ranch, and WHEREAS, a selection committee has recommended that Austin and Austin be selected as the listing realtor for the marketing of the Davis Ranch, and WHEREAS, the selection committee has further recommended that the selection be contingent upon the entering into an exclusive contract with Austin and Austin that contains the following: 1. 5% commission 2 . Requires a 50/50 split of commission with selling and buying agent. 3. An appraisal of the property to ascertain a listing price to be done by Austin and Austin, subject to review by the Board of County Commissioners, and, at the option of the Board of County Commissioners, a third party appraiser. 4 . The listing be for no more than a 6-month period. 5 . That a contract be developed between Austin and Austin and the County Attorney. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that Austin and Austin be , and hereby is, selected as the listing realtor for the marketing of the Davis Ranch, and BE IT FURTHER RESOLVED by the Board of County Commissioners that the Chairman of the Board is hereby authorized to sign all necessary documents and contracts associated with said selection. prLootq 61o31h The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 8th day of April, A.D. , 1981 . '‘,ih'y /1 %I JY: t BOARD OF COUNTY COMMISSIONERS WE COUNTY, OLORADO Weld County Clerkand Recorder Cock «,E�� Chairman (Aye) ,.__.and Clerk to the Boated-;, uck Carlson,/�C � ' Qe \� C2 --- (Aye) eputy Co ty Clerk Norman Carlson, Pro-Tem APPR ED AS TO_FORM: C W. ' Kir , L ,/ (Aye) County Attorney ABSENT DATE SIGNED (Aye) hn T. Martin K, . ' QlY�)Aid ye) f ne K. S einmark ( DATE PRESENTED: APRIL 13 , 1981 MEMORAI1DUM To Board of County Co issioners Date April 8, 1981 COLORADO From Don Warden Subject: Selection of Realtor to Market Davis Ranch On April 7, 1981, a selection committee composed of the following members re- viewed all proposals submitted by realtors to be considered as listing agent for the marketing of the Davis Ranch: Chuck Carlson Norm Carlson Bill Kirby John Martin June Steinmark Chuck Mann Arlin Disselkoen Frank Moore, Jr. Donald Warden Based upon the interview and deliberation that followed it is recommended that Austin & Austin be selected as the listing realtor for the marketing of the Davis Ranch. It is further recommended that the selection be contin- gent upon the entering into an exclusive contract with Austin & Austin that contains the following: A. 5% commission B. Requires a 50/50 split of commission with selling and buying agent. C. An appraisal of the property to ascertain a listing price be done by Austin & Austin, subject to review by the Board of County . Commissioners and, at the option of the Board of County Commis- sioners, a third party appraiser. D. The listing be for no more than a 6 month period. E. That a contract be developed between Austin & Austin and the County Attorney. It is recommended that the Board of County Commissioners select Austin & Austin with the above conditions and that the Chairman be authorized to sign all necessary documents and contracts associated with the selection and engagement of Austin & Austin as the listing realtor for the Davis property. The printed portions of this torn approved by EXCLUSIVE RIGHT TO SELL LISTING CONTRACT (FARM AND RANCH AND VACANT LAND) Greeley Colorado April 9 _1981 • In consideration of the services of the hereinafter named real estate broker, I hereby list with said broker, from Apr 1 15 , 19 81 to October 15 , inclusive, the property described below and I hereby grant said broker the exclusive and irrevocable right to sell the same within said time at the price and on the terms • herein stated, or at such other price and terms which may be accepted by me, and to accept deposits thereon and retain same until the closing of,or defeat of,the transaction. I further authorize said broker to list the property with any multiple listing service in which he is a participant, at the broker's expense, and to accept the assistance and cooperation of other brokers. I hereby agree to pay said broker %of the selling price for his services(1)in case of any sale or exchange of same within said listing period by the undersigned owner,the said broker,or by any person,or (2) upon the said broker finding a purchaser who is ready,willing and able to complete the purchase as proposed by the owner, or(3) in case of any such sale or exchange of the said property within the 180 days subsequent to the expiration of this agreement to any party with whom the said broker negotiated and whose name was disclosed to the owner by the broker during the listing period; provided, however,that the provisions of this subparagraph(3) shall not apply if a commission is earned for the sale or exchange of this property by another licensed real estate broker acting pursuant to an exclusive right to sell listing contract or an exclusive agency listing contract entered into during the said 180-day period. i I In the event of forfeiture of payments made by a prospective purchaser, the sums received shall be divided • between the broker and the owner, one-half thereof to said broker, but not to exceed the commission agreed upon herein,and the balance to the owner. Address: (street) (City) rLegal description: Approx. 595.071 acres located in Sec. 11 & 12, Twn. 5 N, ! Range 65 W. of 6th P.M. , Weld County, Colo. See Exhibit A attached hereto and a pa;j,of this contract by reference. price$ 900,000.00 Terms: Cash or other such terms agreeable to Seller Together with 12 shares of the capital stock of the Delta Irrigation Company, . and one irrigation well , approx. 1 ,000 GPM, properly registered and adjudicated in H accordance with State and County rules and regulations. Subject to general taxes and for year of closing,building and zoning regulations,easements and restrictive covenants of record,and the following i encumbrances: None I authorize the holder of any note secured by the above listed encumbrances to disclose to the broker the amount wing on said encumbrances and the terms thereof. •.'rice to include the following personal property: None r o be conveyed by bill of sale at the time of closing in their present condition, free and clear of all personal property :.,.cos,liens and encumbrances,except: no exceptions he following fixtures of a permanent nature are to be excluded fro.n the:.ale: none • ICI In case of sale or exchange I agree to :,;rnish, at my option and expense, an abstract of title to laid property. .crtified to date,or a current commitment tor title insurance pone.✓in an nmo=ant equal to the parch-.:,e price,showing gerchantable title in the owner. If the title insurance commitment is selected, I agree to deliver the title insurance ?oliey to purchaser after closing and pay the premium thereon. • In case of sale or exchange I agree to execute and deliver a good and sufficient general warranty deed ;. the purchaser conveying said property free and clear of all taxes, liens, encumbrances and easements, except as j •:sted above. i General taxes for 193_1, personal property taxes, prepaid rents, water rents and assessments, and interest on encumbrances,if any,and shall be apportioned to date of delivery of deed except that: Seller shall pay 1981 general taxes and water assessments Possession of premises shall be delivered to purchaser on date of closing and delivery of deed subject to the following leases and tenancies: Cash rental lease between Weld County, Colorado and Harold and Betty Law. Copy of said lease attached hereto and a part of this contract by reference. The owner agrees to refer to the broker all inquiries from other brokers, salesmen and prospective purchasers received during the term of this listing. The owner agrees that the broker shall not be responsible for maintenance of the premises,nor shall the broker be liable for damages of any kind occurring to the premises unless such damage-shall be caused by the negligence of the broker. The undersigned owner and broker, by their respective signatures hereon:.agree that they will not discriminate against any prospective purchaser because of the,race,creed,color,sex or nationalorigin of such person. Additional provisions: None This agreement executed in multiple copies and my signature hereon acknowledges that I Have:reeelved a signed copy. WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO,. Accepted AUSTIN' & AUSTIN AUCTI EERS-REAL ESTATE BY THE BOARD OF COUNTY COMMISSIONERS Br 'or Owner• • E. . Au in, Broker Owner Address Weld County Complex WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, 915 10th Street, Greeley, Colorado BY THE BOARD OF COUNTY COMMISSIONERS i x/11 .fr • Phone 356-4000 By: ATT,EST:\ M" l Ctstsv�t - `?06E'i,,7G9't� LERK AC R CUR R BY: � DEPUTY EXHIBIT A LEGAL DESCRIPTION PARCEL A Portions of Sections 11 & 12, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows : Beginning at the Northeast corner (NE COR) of said section 12 , Town- ship 5 North, Range 65 West of the 6th P.M. , and considering the North line of said Section 12 as bearing North 87'45' 19" West , with all other bearings contained herein relative thereto; Thence South 00°22' 26" West , along the East line of said Section 12 , 1630.62 feet to a point 1000.00 feet north of the East Quarter Corner (E COR) of said Section 12 ; Thence South 71 °23 ' 24" West , 2844. 50 feet to the center of said section 12 ; Thence North 88°02 '09" West , along the East-West centerline of said Sec- tion 12, 2687.66 feet to the West Quarter Corner (W4C0R) of said Section 12 ; Thence South 89°21 '05" West , along the South line of the Northeast Quar- ter (NE4) of said Section 11 , 753 .81 feet ; Thence North 13°19' 32" East , 386. 46 feet ; Thence North 07°42' 14" West, 169.00 feet ; Thence North 59° 09' 04" West , 129.05 feet ; ThenceSouth 61 °53' 19" West , 217. 11 feet ; Thence North 22°35' 49" West, 22.27 feet ; Thence South 63°42' 26" West , 259.09 feet; Thence South 83°50 '07" West, 20.83 feet ;Thence South 02°15' 46" East , 194. 13 feet ; Thence South 28°24' 48" West , 247. 12 feet to a point on the Westerly right-of-way line of County Road; Thence along said Westerly right-of-way line by the following seven (7) courses and distances; Along the arc of a curve to the left whose radius is 79.45 feet and whose long chord bears South 40°59'06" West, for a distance of 8.71 feet to the point of intersection of the South line of the NE4 of said Section 11 and the West right-of-way line of County Road; Continuing along the arc of a curve to the left whose Y diusis 79.45 feet and whose long chord bears South 23° 14 ' 13" West, -f0'ra distance of 40.07 feet ; South 08°37'47" West , 94. 35 feet ; Along the arc of a curve to the right whose radius is 283.48 feet and whose long chord bears South 24°38'54" West , for a distance of 156.45 feet ; South 40°40'01" West, 587.94 feet ; Along the arc of a curve to the left whose radius is748.72 feet and whose long chord bears South 35°06' 15" West, 145. 16 feet; South 29°32 '29" West, 271 .50 feet along the Westerly right-of-way line; Thence North 89°39'42" West, Leaving said Westerly right- of-way line,254.89 feet; Thence South 00°05'43" West, 2.00 feet ; Thence North 89°39'42" West, 330.00 feet to the North-South Centerline of said Section 11 ; Thence North 00°05 '43" East , along said North-South centerline, 1057.28 feet to the Center of said Section 11 ; Thence South 89°36' 17" West, along the South line of theNorthwest Quarter (NW4) of said Section 11 , 1309.04 feet; Thence South 00°06' 14" West, 1286.42 feet, more or less; Thence North 89°39'42" West , 20.00 feet ; Thence North 00°06' 14" East, 1286.16 feet, more or less; Thence South 89°36' 17" West, 1316.04 feet to the West Quarter Corner (W4 COR) of said Section 11 ; Thence North 00°25' 31" East along the West line of the Northwest Quarter (NWT) of said Sec- tion 11 , , 373.95 feet; Thence South 88°53'39" East, 1321 .83 feet; Thence North 00°23'48" East, 641 .34 feet to the centerline of the Cache La Poudre River; Thence along said centerline of the Cache La Poudre River by the following two (2) courses and distances: North 53°08'43" East, 157.56 feet;North 08°18'09" East , 106.32 feet to the intersection of the center- line of Cache La Poudre River and the centerline of Sand Creek; Thence along said centerline of Sand Creek by the following three (3) courses and Distances: North 02°46'48" East, 198.60 feet; North 12°31 ' 19" East, 171 .90 feet; North 08°19'47" East, 149.00 feet to the intersection of the centerline of Sand Creek and the North line of said Section 11 ; Thence f North 89°57' 58" East , along said North line of Section 11 , 3758. 34 feet to the Northeast Corner of said Section 11 ; Thence South 87°45' 19" East, 2691 .40 feet to the North Quarter Corner (N'4 COR) of said Section 12; Thence South 87°45' 19" East 2691 .40 feet to the Northeast Corner (NE COR) of said Section 12 , said point being the True Point of Beginning; Said described parcel of land contains 595.071 acres, more or less , and is subject toany rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR' S CERTIFICATE I hereby certify that this Legal Description was prepared under my super- vision , and that the same is correct to the best of my knowledge and bel ief. ��VP;.illIII';r ` - W\ W\ >iQh�' Je se W. Wininger Colora4o LS#10743 E*i 10;43 20 Addendum to Contract to Exchange Real Estate (without valuations) dated January 8, 1982 between Weld County by Board of County Commissioners , FIRST PARTY and Richard & Francis Geisert, SECOND PARTY. COMMISSION AGREEMENT In conjunction with the above referenced Exchange Contract, the undersigned, WELD COUNTY by THE BOARD OF COUNTY COMMISSIONERS, referred to as First Party in said Exchange Contract hereby agrees to pay E. R. AUSTIN dba AUSTIN & AUSTIN REAL ESTATE, the broker in this transaction, for services rendered in the exchange (copy of contract herewith attached and a part of this agreement by reference) , the sum of THIRTY TWO THOUSAND SIX HUNDRED DOLLARS ( $32,600.00) . It is mutually agreed and understood that said commission shall be due and payable in full upon date of closing and delivery of deeds. WELD COUNTY by THE BOARD OF COUNTY COMMISSIONERS AUSTIN & AUSTIN REAL ESTATE By: J Ot. ustin, Broker Hello