HomeMy WebLinkAbout810318.tiff RESOLUTION
RE: RENEWAL OF CONTRACT WITH 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, on the 8th day of April, 1981, the Board selected
and appointed Austin and Austin as the listing realtor for the
marketing of the Davis Ranch, and
WHEREAS, said contract with Austin and Austin became effective
on April 15, 1981 to October 15, 1981, and
WHEREAS, a new contract has been presented by Austin and Austin
to market said property from October 15, 1981 to April 15, 1982 ,
inclusive, and
WHEREAS, said new contract contains Exhibit B "Contract for
sale of real estate at public auction" , and
WHEREAS, the Board of County Commissioners has studied said
contract, Exhibit B, and deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the contract and Exhibit
B with Austin and Austin, as realtor to market the Davis Ranch,
be, and hereby is, renewed until April 15 , 1982 .
BE IT FURTHER RESOLVED by the Board that the Chairman of
the Board is hereby authorized to sign all necessary documents
and contracts associated with said contract renewal.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 19th day of
October, A. D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WE 0 NTY, DO
,t� ck Carlso /�ha/�i (Aye)
ATTEST: ,
(Aye)
Weld-county Clerk and RecorderNormap Carlson, Pro Tem
and Clerk to t B d l' / / ; ( , (Aye)
K ' by/
�Y5 tdci _ i2±26r:• (Aye)
�Deputy Coun erk ' J p T. Ma
' lee.r14 moil_''/' (Aye)
APP VED AS TO FORM: ne K. Steinmark
81031d
8
LHR114 pw 01 ounty Att rney DATE PRESENTED: October 21, 1981
The printed portions of this form approved by the
EXCLUSIVE RIGHT TO SELL LISTING CONTRACT
(FARM AND RANCH AND VACANT LAND)
Greeley ,Colorado October 13 81
19
In consideration of the services of the hereinafter named real estate broker, I hereby list with said broker,from
October 15 , 19 81 to Apr 1 15 , 19 82, 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—5_%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(8) 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.
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) --
Legal description: Approx. 610 acres located in Section 11 & 12, Twn. 5 North,
Range 65 West of the 6th P.M. , Weld County, Colorado. See Exhibit A attached
hereto•8/ndo a part of this contract by reference.
Price$ V'UO.eee-.-ee 900, 000. gamma: 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,
one domestic well . (See Decree of Water Court attached hereto) .
Together with any and all mineral rights now owned by Seller, if any.
Subject to general taxes and
for year of closing,building and zoning regulations,easements and restrictive covenants of record,and the following
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.
Price to include the following personal property: none
to be conveyed by bill of sale at the time of closing in their present condition, free and clear of all personal property
I taxes,liens and encumbrances,except: no exceptions
he following fixtures of a permanent nature are to be excluded from the sale: none
In case of sale or exchange I agree to furnish, at my option and expense, an abstract of title to said property,
certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price,showing
merchantable title in the owner. If the title insurance commitment is selected, I agree to deliver the title insurance
policy 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
to the purchaser conveying said property free and clear of all taxes, liens,encumbrances and easements,except as
listed above.
I No. LC 12-12-77. Frrr,..ive Rb.ur c,.0 i :.ro.,, ... ..,
•
General taxes for 19_81 personal property taxes, prepaid rents, water rents and assessments, and interest on
encumbrances,if any,and none other
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
subject to the following leases and tenancies: Written 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 danFages 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 rdspective signatu,'es hereon,agree that they will not discriminate
against any prospective purchaser because of the race,creed,color,sex or national origin of such person.
Additional provisions: See Exhibit B "Contract For Sale of Real Estate at Public Auction"
which is attached hereto and a part of this contract by reference, .
This property may be sold in parcels and/or the boundaries of Parcel A may
be`adjusted. Surveys and plats will be necessary to accomodate these adjustments,
and sellers agree to hire and pay qualified surveyors.
This agreement executed in multiple copies and my signature hereon acknowledges that,l have received a signed
copy. WELD COUNTY, A POLITICAL SUBDIVISION OF
THE STATE OF COLORADO,
AUSTIN & AUSTIN REAL ESTATE BY THE BOARD OF COUNTY COMMISSIONERS
Accepted
Br Owner
f..By:
. R. Austin, ro er Owner
Address _ Weld County Complex
915 10th Street, Greeley, Colo.
Phone 356-4000
WELD COUNTY, A POLITICAL SUBDIVISION OF
THE STATE. OF COLORADO, ATTEST: f I * ��AWvr. Wit41:1.acary+
BY THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY CLERK AND RECORDER
By: AND CLERK TO THE BOARD
BY: / } ( c !{0. l /
<_% . �
Deputy County Clerk
1, • $ FILED IN
COURT
f /
/ IN THE WATER COURT IN AND FOR WtiU CO..NGI
SEP 1 11975
11/1
WATER DIVISION I , STATE OF COLORADO ice„ t.,,it.•ulA
C:1 Y•
CASE NO . W- 5466 •
IN THE MATTER OF THE APPLICATION FOR ) CORRECTED
WATER RIGHTS OF 3 FINDINGS AND RULING
OF THE REFEREE '
ROBERT S . DAVIS ) AND DECREE OF
THE WATER COURT
IN WELD COUNTY
THIS CLAIM, having been filed with the Water Clerk , Water Division I ,
on June 29 , 1972 •and the Referee being fully advised in the premises ,
does hereby find :
•
All notices required by law of the filing of this application have
been fulfilled , and the Referee has jurisdiction of this application .
No statement of opposition to said application has been filed , and
the time for filing such statement has expired .
All matters contained in the application having been reviewed ,
and testimony having been taken where such testimony is necessary , and
such corrections made as are indicated by the evidence presented herein ,
IT IS HEREBY THE RULING OF THE WATER REFEREE :
1 . The name and address of the claimant :
Robert S . Davis
P . 0 . Box 836
Greeley , Colorado 80631
•
2 . The name of the structures : . •
Davis Well No . 1 -14965
Davis Well No. 2-14964
Davis Well No. 3
• : Davis Well No. 4-14961
Davis Well No. 5-14963 •
Davis Well No. 6
3 . The legal description of the structures :
Davis Well No . 1 -14965 is located in the NE< of the NWa, Section 3 ,
Township 5 Worth , Range 65 West of the 6th P .M . , Weld County ,
Colorado , at a point approximately 44 feet East and 33 feet South
. of the NW corner of said NE< of NWq of Section 3 .
Davis Well No . 2-14964 is located in the NWa of the SW;, Section 3
Townsnip 5 Nortn , Range 65 West of the 6th P .M . , Weld County ,
Colorado , at a point approximately 2403 feet South of the Nortn line
and 36 feet East of the West line of the Elk of the SW4 of WW1/4 of
said Section 3.
Davis Well No . 3 is located in the SEa of the NW; , Section 3 ,
Township 5 North , Range 65 West of the 6th P . M. , Weld County ,
Colorado , at a point 2508 feet South of the North line and
1032 feet East of the West line of the Ez of SW; of NW≤ of
said Section 3 .
r �r Page 2
• r •
1/4 of the E Section 12 ,
DavisWell located
s 165Weste in the W
ofthe6thP .M. , WeldCounty ,
Cowns oraip 5 North , approximately 16 feet East and 55 feet South
Colorado , C
offloh theedN NW Corner at a point of said SW; of NE4 of Section 12.
Weld 4, Sec ,
� Section 1 ,
Davis Well North ,l4963 Rangei65 located
ofithe the
6thEP •M. ,f the NE 4,
Township point approximately 562 feet West and 45 feet South
Colorado , at a p
of the NE Corner of said Section 1 •
Davis Well No . 6 is located in the NW < of the SEy„ Section 1 ,
Township 5 North , Range 65 West of the 6th approximately 208 feetPSouth.M . , Wand 50ufeet
Colorado , at a point app
East of the NW Corner of SE; of said Section 1 .
4 . The source of water: Groundwater
5 . The date of appropriation :
Davis Well No. 1 -14965 : January 31 , 1954
Davis Well No . 2-14964 : August
us 3 ,r 3119361936
Davis Well No . 3 :
~-Davis Well No . 4-14961 : June 30 , 1ch 31 , 9455
5
Davis Well No . 5-14963 : March 31 , 1953
Davis Well No . 6:
6 . The amount of water:
Davis Well No . 1 -14965: 29 cub
ic feet per
ictrssecond
1 .11
Davis Well No .- 3-14964 :Davis Well No . 4 0 .056 cubic feet per second
:
Davis Well No . 4-14961 : 2.01 cubic feet per second
cubic feet per second
Davis Well No . 5-14963 : 0.22 cubic feet per second
Davis Well No . 6 :
7 . The use of the water :
• 200 acres in the W? of Section 3 , Township 5 North ,
Davis Well Ho . 1 -14965 and Davis Well No . 2-14964 : Irrigation of
angeximaWely Colorado .
Range 65 West of the 6th P .M. , Weld County ,
Davis Well No . 3 : Stock watering , domestic , fire protection and
lawn irrigation of less than 1 acre .Davis Well No . 4-14961 : Irrigation of approximately 160 acres
in the N4 of Section 12 , Township 5 North, Range 65. West of the
6th P .M. , Weld County , Colorado .
Davis Well No . 5-14963 : Irrigation of approximately 210 acres
in the E4 of Section 1 , Township 5 North , Range 65 West of the
6th P .M. . Weld County , Colorado .
Davis Well No . 6 : Stock watering , domestic and lawn irrigation of
less than one acre. 1975 .
day of
DATED this ___111__
gay
J . , 'JR.
Water Refe e , Division I
lye 3
{ ./
r .
THE COURT DOTH FIND : NO PROTEST WAS FILED IN THIS MATTER.
THE FOREGOING RULING IS CONFIRMED AND APPROVED , AND IS HEREBY MADE
THE JUDGMENT AND DECREE OF THIS COURT.
Dated : 0-firoft,c./ / /992≥
•
4DtAcGD N LD A. C ENT R
Water Judge, Division I
•
•
•
j
(Th 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
fol lows:
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 (WCOR) of said Section 12;
Thence South 89°21 '05" West, along the ',South line of the Northeast Quar-
ter (NEB) 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 followingseven (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 NE of said Section 11 and the
West right-of--way li. e of County Road; Continuing along the arc of a curve
to the left whose radiusis 79.45 feet and whose 1png chord bears South
23° 14' 13" West , fora 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 15748.72 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 (NW4) of said Sec-
tion 11 , , 373.95 feet ; Thence South 88°53' 39" Fast, 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 Lhe Cache La Poudre River by they
following two (2) courses and distances: North S3°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
1
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 (N4 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
belief.
• .
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Je se W. Wininger Colora LS/710743 _• J
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EXHIBIT B
CONTRACT FOR SALE OF REAL ESTATE AND/OR PERSONAL PROPERTY
AT PUBLIC AUCTION
This agreement entered into this 13 day of October 1981
In consideration of the services of the undersigned I or we hereby grant unto Austin & Austin Auctioneers, inc.
(Name of Auctioneer)
the exclusive right and authority to sell at Public Auction the following described real estate and/or personal property To-wit:
(description)
Approx. 610 acres located in Section 11 & 12, Twn. 5 North, Range 65 West
of 6th P.M. , Weld County, Colorado -- aka "The Davis Ranch"
Sellerswill convey any and all mineral rights they might own , if any
and as set out in Exhibit A hereto attached and made a part hereof by reference. Located adjacent to east
boundary of Greeley city limits
City of County of Weld State of Colorado
Auction or Auctions shall be conducted at the farm or other location as approved .y seller
antes%°)
upon the following dates Saturday, November 28, 1981 or Saturday. December 5, 1981
Terms on Personal Property Not Applicable Terms on Real Estate Cash to seller with 20% of
purchase price as earnest money payment on auction
date and balance upon closing and delivery of
Taxes to be paid as follows No taxes for 1981 deed, or other such terms as approved by seller.
Possessior Subject to a written lease between Weld County and Harold & Betty Law dated
Wall 18, 19/9 cco� of which iss attached to isting contract)
Said sale hall be made free a d ar of a encum rances, except as fo ows.
REAL ESTATE
Mortgage Address Unpaid Bal.
1. Not applicable
2.
3.
PERSONAL PROPERTY
Mortgage or Lien Holder Address Unpaid Bal.
1. Not applicable
2.
3.
I or we agree to furnish a complete abstract of title showing a good and merchantable title to said Real Estate, or an
owner's policy of Title Insurance for the sale price of said Real Estate, and agree to execute and deliver a good and sufficient War-
ranty Deed or land contract on the above Real Estate.
The undersigned hereby warrant that he or they is or are the sole and only owner or owners of the property above described
and that the within mentioned liens and encumbrances are the only encumbrances against said property.
I or we agree to pay unto Austin & Austin Auctioneers, Inc. the sum of 5% of the gross sales
price of every parcel sold (name of auctioneer and amount to be paid as commission)
Clerk and Cashier charges shall be paid by auctioneer
Advertising costs shall be paid by auctioneer
SPECIAL CONDITIONS: Property may be offered in parcels. Sellers reserve the privilege of
accepting or rejecting any and all offers on the parcels as a result of the auction. In the
event the parcel or parcels are not sold as a result of the auction or during the life of this
ge c , no c mmissi s a a pal a auc neers.
I/We state that no representations as to guarantee of appraised value or price to be obtained has been made to First Party by
Second Party and I/We acknowledge receipt of this agreement. Any oral statement or other writing to the contrary not withstand-
ing. If the sale, for any reason, not the fault of Second Party, is not consummated, First Party shall pay Second Party all expenses
of the sale or sales and a fee of
It is mutually agreed that this contract is binding and obligatory upon me or us, our separate heirs, administrators, executors,
assigns and successors in interest.
Owner WELD COUNTY, A POLITICAL First Party 915 10th Street, Greeley, Colo. 356-4000
Address Telephone
Owner SUBDIVISION OF STATE OF COLO. First Party
Address Telephone
Representative First Party
Address Telephone
The undersigned accepts this Auction Contract and agrees to the terms thereof this day of 19
Firm or individual AUST N & UST AUC IONE RS, INC. Second Party
f Listing Agent ._1_A'�CL 1— Party
E. R. u tin
AUSTIN AND AUSTIN Auctioneers/Realtors
2 1203 9th St., Greeley, Colorado.
Phone 353-0790
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