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HomeMy WebLinkAbout880032.tiff RESOLUTION RE: APPROVE DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZE CHAIRMAN TO SIGN WARRANTY DEED 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, desires to settle all claims and disputes relating to Civil Action Number 81-CV-520 , in the Colorado State District Court for the County of Weld, concerning John P. Slovek, Sr. ; John P. Slovek, Jr. ; Gary W. Slovek; and Michael S. Slovek, and WHEREAS, as part of the consideration for settlement of said action, Weld County wishes to declare certain property as surplus, said property to be conveyed by Warranty Deed to the Sloveks upon the occurrence of certain terms and conditions as set forth in the Contract for Sale, and WHEREAS, the property to be declared as surplus is located in the NW} NE* of Section 2 , Township 2 North, Range 68 West of the 6th P.M. , and the SW* SE* of Section 35 , Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more fully described in the two pages of Exhibit 1 , a copy of said Exhibit being attached hereto and incorporated herein by reference, and WHEREAS, the Board deems it advisable to declare such property as surplus and authorize the Chairman to sign the Warranty Deed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described property, as more fully described in the attached Exhibit 1 , be, and hereby is, declared surplus. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign the Warranty Deed conveying said property to the Sloveks when the terms and conditions, as set forth in the Contract for Sale, have been met. . ..; 2 s/ ' _ ,! %J 880032 f , Page 2 RE: DECLARE CERTAIN PROPERTY AS SURPLUS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of January, A.D. , 1988 . ��� 04:; PAtiu BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Gene R. Brantrler, Chairman Y. vyl„4,�y -- «it-i C.W. Kirby, PTem Deputy Count Clerk APPROVED AS TO FORM: a que • ,e J ' s• , AC-- ----->C7‘_,- j r Go'rrr-rr aT �/ County O orney � �'` -- � / Frank Yamaguchi 880032 3/21/88 LEE MORRISON, ASSISTANT COUNTY ATTORNEY, ADVISED THAT THIS WARRANTY DEED IS NOT TO BE RECORDED AND DELIVERED TO THE SLOVEKS UNTIL CERTAIN CONDITION ARE MET--WHICH MAY BE THREE MONTHS MORE. Reception No. _ Recor,'er. Recorded at o'clock M., ItECORDER'SSTAMI' THIS DEED, Made this 14th day of January 19,88 ,between Board of County Commissioners for the County of Weld , State of Colorado M O o 0 of the County of Wet d and State of ''"1 ° Colorado,of the first part,and John P . S1 ovek , Sr . , ca John P . Slovek , Jr . , Gary W . Slovek , a Michael S . Slovek 0 3 whose legal address is 20607 Northmoor Dr. , • Johnstown , CO 80534 w aof the County of Weld and State of Colorado,of the second part: O WITNESSETII,that the said party of the first part,for and in consideration of the sum of w Ten and 00/100 DOLLARS, M 0 to to the said party of the first part in hand paid by the said parties of the second part,the receipt whereof is hereby H ,^Li confessed and acknowledged,ha S granted,bargained,sold and conveyed,and by these presents do W grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not in ▪ Utenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado,to wit: z N H " 14 ( See Exhibit 1 consisting of two pages which is attached hereto o rn and incorporated herein by reference . ) al r- w r- w 144 o kWXWMRixs t4D(A X*0((1-0K 01 U a TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise LY appertaining, the reversion and reversions, remainder and remainders, rents,issues and profits thereof;and all the c-,1▪ .0 estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or N I` equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. r-1 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the CO ri4 said parties of the second part,their heirs and assigns forever. And the said par / of the first part, for i t self , i t S heirs,executors,and administrators does covenant,grant,bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents i S well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and ha 5 good right,full power and lawful authority to grant,bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessment and encumbrances of whatever kind or nature soever. Except recorded or apparent easements . and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said party of the first part ha 5 hereunto set 1 i5 hand and '. seal the day and year first above written. d,Seal i an livered 'n the Presence of — _ .,7 a1�. —__...WEAL] I1 ZU 9i 6 ider Chairman, Board of County Conmi.ssioners,; �ml for the County of Weld State of Colorado [SEAL] puff ak (SEAL) I STATE OF COLORADO ss. I�' County of LOP-0.- I' The foregoing instrument was acknowledged before a this /4- h i, • day of Jwn art u'»m .,S,Onc rS ) F 19�"E,byGr�e e. 3ran)ne�-, Chp/rman, /ward cF Cloun+-y � a,- Y-su C,�wl.+t� o o F Cofaracto- (A lv. d .� a.Hc o f q My commission expires p p i .19 E/ .Witness hand and official a9.G ehs /Oust,. CL_ V Notary Public. ����p�p� �,I� 5rreetey , Cl0 E3O613i iriZ�.�6QRT.W EORY . No.921. WA ii fA N'I) DEED To Joint Tenants, —Bradford Publishing.I!11.5 we,i 44th.Avenue.Golden.Colorado 80401—uan 275-t1644—. V-en LEGAL DESCRIPTION • • A parcel of land being part . of the -Northwest Quarter of the Northeast Quarter (NW1/4 NE1/4) of Section 2, Township 2 -North, Range 68 West of the 6th • Principal. Meridian, also part of the Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4 ) of Section 35 , Township 3 North, Range 68 West of the -6th Principal Meridian all in Weld County, Colorado and being more particularly described as follows : BEGINNING at the Northeast Corner (NE Cor ) of said NW1/4 NE1/4 and assuming the North line of the Northeast Quarter ( NEI/= ) of said Section 2 as other Dearing North 39° 23 ' 2?" East with all bearings contained herein relative thereto : Thence South 00° SO ' 30" West along the East line of said NW1/4 NEI/4, 562 . 62 feet to a point on the North bank of the Last Chance Ditch; Thence along the North bank cE said Last Chance Ditch by the - allowing one ( 1 ) course and distance South 73° 15 ' 43" West, 535 . 98 feet Thence :forth 00° 19 ' 01 " West, 831 . 18 feet; Thence North 68° 13 ' 12" East , 158 . 76 feet; Thence North 17° 21 ' 01 " West, 645 . 35 feet to a point on the South bane: of the St . Vramn River as it existed on December 15 , L9 '7 ; Thence along said South bank by the following one ( 1 ) course and distance North 66° 53 ' 23" East, 168 . 20 feet Thence South 12° 37 ' 56" East, 610 . 89 feet; Theno North 74° 17 ' 35" East , 341 . 25 fee: co a point n the East line of said ,SW1/4 SE1/4; Thence South 00° 21 ' 24" East along said East lone , 237 . 02 feet to the POINT OF BEGINNING . Said described parcel of lane contains 13 . 331 acres, more or less , and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now e::istina on said described parcel of land . EXHIBIT "1" Page 1 /A LEGAL DESCRIPTION • A parcel of land ` . being part of the Northwest Quarter of the . Northeast Quarter (NWI/4 NE1J4) . of Section 2, - Township- 2 North, • Range 68 West of the 6th Principal Meridian, also part of the Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4) of Section 35, Township 3 North , Range 68 West of the 6th Principal Meridian all in Weld County, Colorado and being more particularly described as follows : • • BEGINNING at the North Quarter Corner N1/4 Car ) of said :Section 2 and assuming the North line of ::ail Northeast. Quarter ( ]EI, ;.) of said Section 2 as bearing North 89° 23 ' 22" East with all other bearing contained herein relative thereto: Thence North 00° 34 ' 29" West along the West line of said SW1/4 SE:/4, 555 . 90 feet to the centerline of the main channel of the St . Vrain River as it existed on December 16 , 1987; Thence along the centerline of said St . main River as It existed o:: December 16, 1987 by the following one ( 1 ) course and distance North 66° 46 ' 37" East, - feet to a point on the East line of said SW1/4 SE1 /4 ; Thence South 00° 21 ' 24" East aloe_ said East line, 765 . 24 feet; Thence South 74° 17 ' 35" West, 341 . 36 feet; Thence North 12° 37 ' 56" West, 610 . 9 feet to a point on �:Ze Zcuth bank of the St . Vrain River as it existed on December 16 , L937 ; Thence along said South bank: as it existed on December 3 , 1997 by the following one ( 1 ) course_ and distance South 66° 53 ' 22" West, 169 . _._ feet; Thence South 17° 21 ' 01 " East, 645 .25 feet; Thence South 68° 18 ' 12" West, 155 . . ., feet; Thence South 00° 19 ' 01 " East, 8 _ . I _ feet to a point on the North ban:: of the Last. Chance Ditch; Thence along the North ban?: of said Last Chance Ditch by the following two ( 2 ) courses and distance South 45° 07 ' 44" West, 206 . 14 feet; South 64° 50 ' 03" West, 669 . 34 feet to a point on the West line of said NW1/4 NE1/4; Thence North 00° 42 ' 00" East along said West line, 1147 . 32 feet to the POINT OF BEGINNING Said described parcel of land contains 36 . 236 acres , more or less , and is subject to any rights-of-way or other easements as granted or reserved by instruments of records or as now existing on said described parcel of land. EXHIBIT " 1" Page 2 Hello