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Home My WebLink About881101.tiff RESOLUTION RE: APPROVE AGREEMENT WITH PIONEER LAND & CATTLE COMPANY FOR ONE SHARE OF LUPTON BOTTOM DITCH COMPANY 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, the Board has been presented with an Agreement with Pioneer Land & Cattle Company for the purchase of one share of the capital stock of Lupton Bottom Ditch Company for $75,000 . 00 , and WHEREAS, the terms and conditions are as stated in said Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement with Pioneer Land & Cattle Company for the purchase of one share of the capital stock of Lupton Bottom Ditch Company for $75 ,000 . 00 be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D. , 1988 . ct ( n) BOARD OF COUNTY COMMISSIONERS ATTEST: ! ,{ WELD UNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ene R. ran ner, Chairman [/ C.W. Ki y, P -Tern Deputy County erk APPR6VED AS TO FORM: Ja qu i , nson ounty Attorney !' Frank Ya '-guc i r, "/ 881101 ti . ARRI626n5 AGREEMENT THIS AGREEMENT is made this 16th day of November 1988 by and between Pioneer Land i Cattle Company (hereinafter referred to as "Seller") , and We d_C.aunt.y__Board of County Commissioners (hereinafter referred to as "Purchaser") , WITNESSETH WHEREAS, Seller is the owner of the following water stock or "fit water rights: Lupton Bottom Ditch Company represented by Certificate No. in the amount of one ( 1) CO LO NJ shares of the capital stock of Lupton Bottom Ditch Company o a+ , a Colorado mutual ditch z corporation, together with all rights, ditch rights, easements 7 and other appurtenances; and k 0 Do N3 WHEREAS, Seller desires to sell and convey to Purchaser and z '' Purchaser desires to purchase from Seller one ( 1 ) share of the rn pri Lupton Bottom Ditch Company th at (hereinafter referred to as the "water stock" or "water rights") , u' NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, the parties hereto agree as follows: H 7. N 1. Seller agrees to sell and Purchaser agrees to purchase, free and clear of all liens, taxes, assessments and encumbrances, r m except: None el - 0 and subject to the conditions hereinafter set forth, the water pit stock or water rights. to 0 0 2 . The purchase price shall be Seventy Five Thousand and W no/100 Dollars ( $75, 000.00) per m c share for a total purchase price of Seventy Five Thousand and no/100 Dollars ( $75,000.00) payable M c as follows: r $ -0- in the form of certified o funds to be held by Jacobucci Water Brokers, Inc. , in its escrow account as earnest money and as part payment n o for the water rights. o rn The remaining balance of $75,000.00 shall be payable in cash or VOVVX,Wd/fM4k upon closing or as County Draft 881101 follows: - - - 3 . Seller shall allow Purchaser, a period of 30 days from the date of this agreement, to investigate the water rights to be conveyed hereunder. Purchaser may commission, at its own expense, an engineering report, attorney opinion, or any other study it deems necessary. Seller shall cooperate in furnishing any information which Seller may have with respect to the water rights and shall grant Purchaser the right to enter upon the historically irrigated property for the purposes of surveying or otherwise inspecting said property and water rights. Pt m 4 . Said 30-day inspection period shall expire at midnight w on December 16 , 1988 . Prior to that time, Purchaser O0 may terminate this agreement by written notice given pursuant to paragraph 13, below and all earnest money shall be returned to m o Purchaser. Upon expiration of the 30-day period described above, k this instrument shall become a contract between Seller and > r,, Purchaser and shall inure to the benefit of the heirs, successors z rn and assigns of the parties. If after the 30-day period has n, expired, Purchaser does not perform its obligations under this VII' agreement, Seller may retain the earnest money described in c u' paragraph 2, above, and terminate this agreement. Alternatively, w Seller may elect to pursue damages and/or specific performance ,03 ,_,E- pursuant to paragraph 16, below. M \ HIV Z N 5 . Title to the water rights shall be merchantable in the seller and Seller shall be able to provide Purchaser with raco merchantable title upon execution of the proper documents. m Seller shall provide a copy of the stock certificate(s) or o decree(s) , whichever is applicable, to Purchaser or Purchaser's :' Q, agenexipotxmcceptanosucceotheisocoaxtosettca Seller shall execute and 0. deliver an assignment of water stock and/or a deed or other z w appropriate instrument conveying free and clear title to 0 Purchaser at the closing hereof. til in 6. Seller warrants that title to the water rights will be 7° O conveyed free and clear of all liens, prior or pre-emptive rights $ o to purchase, encumbrances and assessments, including assessments t, for the current water year if this agreement is dated subsequent o to, but not including, March 31 of any calendar year, and leases o to of any kind except None O 0 O O m 7 . If Purchaser desires to file an application with a court of competent jurisdiction for the change of this water --- right, the Seller covenants that it will cooperate with Purchaser, its agents, representatives and assigns, for no additional consideration, in establishing information relevant to AK 16� Seller is in the process of locating the stock certificate which has been misplaced. The Seller shall meet all requirements as outlined in Paragraph 5 by the date of closing, or this agreement shall be null and. void. 881101 the historical use of the subject water rights, including the execution of appropriate affidavits and/or the furnishing of testimony in appropriate administrative or judicial proceedings with respect to said water rights. However, Purchaser agrees to reimburse Seller for any out-of-pocket expenses incurred in obtaining or giving such testimony or other information. Seller further covenants and agrees that it will neither challenge nor oppose any such water court application filed by or on behalf of the Purchaser for the above-described change of water rights. 8. Purchaser shall bear all expenses of water court or other proceedings, if necessary, to obtain permission for Purchaser to make use of the water derived from the subject shares. Purchaser agrees to pay any stock transfer fee to transfer any certificate which is the subject of this agreement plw or any recording fees for this instrument or any other instrument necessary pursuant to this agreement. CO N 4P N o O1 9 . Seller represents that the following water rights: one ( 1 ) share of Lupton Bottom Ditch Company have been used to irrigate approximately 40 acres of land, described as 'Jr) follows: See recorded exemption attached O ze zrn h1rn These water rights have been used to irrigate the following crops m ifi since 1980 All alfalfa most recently; corn & alf.prior 10. Seller covenants and agrees that subsequent to the H N closing on this agreement, it will permanently remove from z irrigation approximately 40 acres described as follows: nco See acorded exemption attached ti co t�] Said land shall not be irrigated in the future except with water from an exempt well, water supplied by a municipal or a quasi- RI : municipal entity, or pursuant to an appropriate decree of the wt.,' water court, or unless Purchaser leases or sells water rights to n Seller for such purpose. Seller agrees to execute a separate 2 non-irrigation covenant for no additional consideration, if o required by the Purchaser. Said non-irrigation covenant, whether z o in a separate document or as described in this document, shall run with the land described above. Pa r 11. The closing under this agreement shall take place at e 10: 00 (A.M. ) XP/$/y, on December 23 1988 , at , an Weld County Offices, Greeley, CO or at such other time and place as the parties may mutually o rn agree. At said closing, Seller shall execute and deliver any appropriate documents which are required to convey the subject water rights to Purchaser, including a non-irrigation covenant, if required by the Purchaser. Purchaser shall simultaneously - 3 - 881131 County Draft deliver to Seller cash or dEitdMfYdd//ttindii in the amount of $ 75,000.00 as described in paragraph 2 above. 12 . Seller shall have the right or option to lease from Purchaser all or part of the water rights which are the subject of this agreement pursuant to the following terms and conditions: N/A '+Jw 13 . Any notices required or permitted to be delivered here- a~on under shall be in writing and shall be deemed to be delivered when personally delivered to the parties hereto at the addresses hereinafter stated or when deposited in the U. S. Mail, postage m prepaid, certified or registered mail, return receipt requested, addressed to the parties hereto as follows: o Purchaser: m Weld County Board of County Commissioners M m P. 0. Box 758 m Greeley, CO 80632 Seller: Pioneer Land & Cattle Company H 155 S. Madison, Suite 220 z ^' Denver, CO 80209 n w ti co Notice of any change in the addresses to be used for notifi- x o cation hereunder shall be provided in the same manner. 1/40 14 . This agreement constitutes the entire agreement between .' the parties hereto, and pertaining to the subject matter hereof A and supersedes all prior agreements and understandings of the z parties with respect to the subject matter hereof. All prior and g +„ contemporaneous conversations, negotiations, possible and alleged z o agreements, representations, covenants and warranties concerning c the subject matter of this agreement are merged herein. o 15. Time is of the essence hereof and if any payment a or O other condition hereof is not made, tendered or performed by oat. either the Seller or the Purchaser as herein provided, then this contract, at the option of the party who is not in default, may o cap, be terminated by such party, in which case the non-defaulting party may recover such damages as may be proper. In the event of default by either party, nothing herein shall be construed to prevent the non-defaulting party from requiring specific performance of this contract. - 4 - 9811©1 16. If any judicial proceeding may hereafter be brought to enforce any of the provisions hereof, including an action for a specific performance and/or damages, the prevailing party shall be entitled to recover the costs of such proceedings, including reasonable attorneys fees and expert witness fees. 17 . The provisions of this agreement shall survive any closing and deed or other conveyance of the subject water rights hereunder. 18 . Jacobucci Water Brokers represents the Seller . The Seller shall pay to Jacobucci Water Brokers, Inc. , a commission in the amount of seven (7A of the purchase price or $ - - - for services rendered in this transaction and agrees that in the event of forfeiture by the Buyer of anything of value hereunder, such things of value shall be evenly divided between them, but Jacobucci Water Brokers, Inc. shall not receive more than the commission described above. ' "-' CO N a. H 19. If this proposal is accepted by the Purchaser mm by virtue of signature(s) below and the seller , gl receives notice of such acceptance on or before the close of m n business on November 16 1988 this instrument shall o become a contract between Seller and Purchaser and shall inure to to the benefit of the heirs, successors and assigns of such parties. Z N IN WITNESS WHEREOF, the parties have executed this agreement G m in duplicate original counterparts the day and year first above Ln written. m SELLER: PIONEER CATTLE CO. PURCHASER: r 'i 5146", 04847 /LP/0ferat z N n CO ti 03 Date: it to Date: g/olfr o ko ;d w te: I o/SR Date: m o t9 ra XI Date: Date: c 0 r oUl it -- AFtD o O rn C �e uLy County Clerk - 5 - 8811(91 I : . ', , i 1. L )tiLLUk1;1L, t.c.Lll ,__U, `'U RECORDED EXL .OPTION Na 1311 - _'5 -4 - RE 986 IX• REBAR ./CAP C-E 1/16 Cor. E I/4 Cor. Center Sec.25 L.S. 123!0 FOUND) la.5 REBAR ./ALM. CAP sec.25 IBLM RAS! CAP FOUND) N89°18'41"W..... 1308.26 L.S. 12330SET1 N89°18'41"W— 1308.26 25 30 R67W R66W S 0 D7 Oi m it; M _ I Jun,' a) 1-3 Nl1 N Q In m O 2 p 0 O 0 8S 1/16 Cor. 00 2 SE 1/16 Cor. I•ISREBAR ./ALM. 2 c-S 1/16 I a5 REBAR./ALM. CA/L.f.It3)0 SETT Cor. CAP L.S.12330 SET) N89°44'40"E a REBAR CAP L.S.12330 S89°19'23"E-1312.74 S89°19'23"E - 1461.48 210.00 mum 1164.00 100' 1 1312.74 0 o O N N I_O - 100' ABANDONED DENVER, I m LOT"B" rI N O N LARAMIE S. NORTHWESTRN I ai a 8 Contains: 40.444 - 0 RAILROAD R.O.W. to O1 Book 292 , Pg. 203 I "_' j °1 Acres N89°20'05"W S3I°30'00"W M Jan.26 1909. 1 I I '� 299.48 362.00 I ' 3 I 0 506°44'17"W Lai 1'a NI In 160.00 O I t o o, if; e ',. O ° III M 0 O '° A I SEE DETAIL D O ; 0 12 0 0 z m 0 N •o LOT"A'. S 1/4 Cor. Sec. 25 I Nlc SHEET 2 OF 4 ,v ea )BLM BRASS CAP FOUND) 1 0 8 30 H H 1204.32 I 1037.22 = 280.00 2 N w rn N 89°20'05"W—1317.22 N89°20'05"W-1430.12 �' ': t7IJ • t ® C44C\ L' 15E C°r.SSC.25 [n�7 1 \1 , /J.�\ J �J I fa B RERAN wCALM. ?' I IBLro NDIM 35 CAP w. 0 NJ .+1-�.w` �r `'�!/ ,' • : CAP L.S 125!0 SET) ..? I 31 'fJ N "; j 1, t l - -.7. N ?�to Iii z rn !"% l �, ,,e 1 % t"y�• 1s' -*�, M a Pi i in ® C/ p' ♦ q to ' .. .I " I. •. 1�. 1 I I �a ,f--C_o; I/ n l :� �_ W E II 11��30' 1�� o• ` ;` 1- • ( fr ® 15 Jn al \ ..• ` I�I I H N `, /• !O'ROAD ESMY z N ::/...1...\ ! / 1 '' _ ' S BR 1131 \ s i/� 4:4: ( +`r NEC.0207370 t9 et II 1 " OCT. IT, IBIS r W td uF �+ `� ',?".1.0,-- i SCALE: I =500 1 ti I', // Pi f.: LOT .4 1 ` p 250 500 -- 1000 .. e u. ..i.% -.•�',;t' / .:. •.-... a �i• • i LOT A= 5. 18 6 Ac.s. n w • . ' lltoad14 I/7,•�� . 31 0 "�•: � , ' LOT B= 40.444 Ac.' :' � � �� : ; •. �% 1 l' r • Fit: • l OTAL= 45.630 Ac. * a I e o VICINITY MAPI �i.`, , -.$‘1" o SCALE 111=30001 • NOTE: y`54�6 N‘'��r •�� ei e O �I ta N BASIS OF BEARING IS y y� CONSIDERING THE SOUTH :1 O O1 LINE OF SECTION 25 AS \ OWNER: WITH ALL 0 o ALL OTHER BEARINGS li•1 0 °` PIONEER LAND & CATTLE CO. RELATIVE THERETO. BY: RICHARD S. SHANNON IIT 1' GENERAL PARTNER 3098 S. PENNSYLVANIA ST. -- - - - ENGLEWOOD, CO. 80110 EI/4Cor. Sec.36 • tn. SO" MON. L.5.12330 FOUND) - File No 25- 2N7-06 '( (70!' '1 !'r • ,^. 1/'/r Ennincr-rins', P. O. Pox 392 /-/ Lupien Co. , !1062/ SHEET I Of 01 8t81.1c/1 AR2171911 COVENANT THIS COVENANT, made this 21st day of December, 1988, between Pioneer Land and Cattle Company of the County of Weld, State of Colorado, the party of the first part, and the Weld County Board of County Commissioners, whose address is 915 10th Street, Greeley, Colorado, 80631, County of Weld, the party of the second part: WITNESSETH, that said party of the first part, for good and valuable consid- eration, has sold to the said party of the second part the following described Pt w water rights, to wit: rr N One (1) share of the Lupton Bottom Ditch Company CA The party of the first part acknowledges that the above-described water rights w n will need to be transferred in an appropriate Water Court proceeding from agricultu- ral to other purposes. The lands upon which the water associated with the above- described rights has historically been used for irrigation • N 9 g purposes are described z as follows: pii to See recorded exemption No. 1311-25-4-RE986 (copy attached hereto). 41e As an aid to the transfer of said rights, the party of the first part hereby ▪ ,„ agrees and covenants that 40 acres, the lands which have historically been irrigated ,1'sic b w with these water rights shall not henceforth be irrigated with any surface or eeks-Wia,c z - curfass water which is tributary to the South Platte River or its tributaries. Said (-) co lands are more particularly described as follows: ✓ 1/40 See recorded exemption No. 1311-25-4-RE986 (copy attached hereto). - This covenant shall not prohibit the party of the first part, its heirs and • assigns, from irrigating the lands with new water rights which have been transferred n to the subject property through an appropriate Water Court proceeding, or irrigating o the lands with water supplied by a municipality, a water district or other govern- mental entity. t+J in It is expressly understood and agreed by the party of the first part that the g o restrictive dry-up covenant contained herein shall attach to and run with the land O and shall be binding not only upon the party of the first part, but also its heirs, assigns and any other persons or entities which acquire an ownership or leasehold o r interest in all or a portion of the subject property in the future. 0 8• w Weld County Board of County Commissioners, as well as any party to the water transfer proceeding relating to said water shares which has a vested water right, and which is materially injured as a result of a violation of the within described restrictive covenant, is specifically given the right to enforce these restrictions through any proceeding/ at law or in equity, against any persons or entities violating or threatening to violate this dry-up covenant. 861101 IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal on the day and year first above written. PIONEER LAND AND CATTLE COMPANY BY 71/4144r• �j��,�J SELLER B.'a,� a.-iw[sr-- BY /�� SELLER a/s vPkiq/de A. STATE OF COLORADO ) ) ss. N b7 COUNTY OF WELD ) i-, i.., r n, r ni J U1 /y^S/ubscri1bedQ and/sworn to before me 1 this tea/ /St �dayy ofl / ce.. he,- , 1988, by /�.CA IYd d. �/ lY TtY 1F �'T p (�/ ( oYp T L�OJo IaS5� 5 n 0 zH Z .,WITNESS my hand and official seal. Nw ,�s• .. d/ioJ t+] xi ,, 0 NOTARY BLIC Z -4 tl VD or,` OF'qq aN�� DJ My ebittldfission expires MvCn,r in 1Q xi— Ui w VI n O 6 xfo z tvo r 0 n O N o n o w 881101 RECORDED EX,. .MPTION NO. 1311 - 25 - 4 - RE 986 12 4 SEDAN w/CAP NE 1/16 Cor. E 1/4 Cor. Center Sec.25 L.S. Imo Hawn to S REIAR ./ALM. CAP Sec.25 IDLM BRASS CAP FOUND) L.f. 12330 SET) N89°18'41"W- 1308.26 NB9°18'41"W- 1308.26 25 30 R67 W R66W g 0 N Oj m N O, •i in .0 1 II 11 • I 13 .:I PAN 0 In in oO o0 0 S I/I6 Cor. 0 O Z SE 1/16 Cor. 125REIAR w/ALM. Z Z ' R CAP L.5.12330 f ET I C'S ./16 CA► LS.12330 SET) N89°44'40"E Cor. 210.00 C RERAN S89°19'23"E-1312.74 S89°19'23"E - 1461.48 CAP L.I.12330 yl noon 1164.00 I 1312.74 0" 100'•-+1 O N `r .. in M " N . N0 100' ABANDONED DENVER, I Cl A LOT B '1 / 00 N LARAMIE ►NORTHWESTERN 1 Oj S Contains: 40.444 M / V) N RAILROAD R.O.N. Oj Acres NB9°20.05"W �"'/// 231°30'00"W of Book 292 , Pg. 203 I — I 110 299.413 efiJan.26, 1909. ' 1 I 362.00 1 3 I 0 506°44'17"W w1 I O W -1 1 160.00 sgal 19p.. p Cl) 0ok • 'a t. in M o I ° 'O >o x SEE DETAIL o I Z O 0 N `o i LOT •A z I m o In • SHEET 2 OF 4 S I/4 Cor. Sec. 25 1 o 1ILM CAP FOUND) I s ' 30 _1204.32 I al 1037.22 i 280.00, -- NB9°20'05"W-1317.22 �` 1499°20.05"W—1430.12 � `i • 36 IL,' I SE Cor. 5ec.25 � • E 1/16 Cor. '. MR EMS CAP C. J • .. I INS w/ALM. 1• FOUND) j 1:. 1 • _• CAP L.I12330 SET) P I I\ 31 J N �� e Iii I n �` ! $c3 6' IS' 1 I 30'ROAD ESMT �' V. S BK 1132 �- / _ 1'1 :EC.0207321111 �° `% SCALE: I°=500' II ._• . _. OCT. IT, ins a . )I 0 250 500 _ _ 1000 l' -- — . mot. . ki / LOT A= 5. 186 Ac.'` �; ' .b hood 14 1/ ,�; 33 _ mod.. ••/,: \•• ,• 'AC . 'rLOT B= 4O.4444c.± ;: �� ' N/ 4 4" I' a"; • 1 OTAL= 45.630 AC. ± 4t• f VICINITY MAP +4ti`- �,y`�et," SCALE: l"=3000' NOTE' co ' y,\• cd• Cfr N BASIS OF BEARING IS ii CONSIDERING THE SOUTH r1 LINE OF SECTION 25 AS ;1 OWNER: BEARING N89°20105"W • WITH ALL OTHER BEARINGS I;• PIONEER LAND & CATTLE CO. RELATIVE THERETO. , BY: RICHARD S SHANNON IIT I', GENERAL PARTNER _la_ _ _ _ 3O98 S. PENNSYLVANIA ST. ENGLEWOOD, CO. 8O11O EI/4Cor. Sec.36 (ETD. 30" MON. L.3.12330 FOUND) - File No 25- 2N7-O6 1, r . c, , n" r'r • ,^. /pier Fnpincrrinc•, P. D. 5nx392 r1Lup/on Co. , 00621 SHEET I Or 4 B 1225 REC 02171911 02/27/89 15 : 31 $0 .00 3/003 8811 '1 F 1118 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Hello