HomeMy WebLinkAbout981984.tiff RESOLUTION
RE: APPROVE CLOSING DOCUMENTS FOR KOENIG PIT AND AUTHORIZE CHAIR TO
SIGN NECESSARY DOCUMENTS - CENTRAL COLORADO WATER CONSERVANCY
DISTRICT
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, by Resolution #981178, dated July 6, 1998, the Board of County
Commissioners of Weld County, Colorado, did approve an Intergovernmental Agreement with
the Central Colorado Water Conservancy District, and
WHEREAS, the Board has been presented with closing documents to complete said
transaction, dated July 6, 1998, and
-WHEREAS, after review, the Board deems it advisable to approve said closing
documents, copies which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the closing documents between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and the Central Colorado
Water Conservancy District be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign all closing documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th_day of October, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
e WEL L¢COUNTY, COLORADO
ATTEST: -I/ / ��
Constance L. Hepbert, Chair
Weld County Clerk to= ` e i r
W. s ems, Pro- em
BY:
Deputy Clerk to the 1(IIit I.
eorge . Baxter
AP V F RM:
Dale K. all
unt tt r ey /h h ,e7c
arbara J. Kirkmeyer
CL, OA, C ,L 1CD 981984
ECsco3'7
4°' HUN 11111 111111 IIII IIII 1111111 III IIIII IIII IIII
2647401 10/19/1998 10:31A Weld County CO
1 of 2-R 11.00 D 0.00 JR Suitt Tsukamoto
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
THIS AMENDMENT TO INTERGOVERNMENTAL AGREEMENT, is made and
entered into this 13n` day of Wag/ , 1998 by and between Weld.County by and
through its Board of County Commissioners hereinafter referred to as 'Weld County," and
the Ground Water Management Subdistrict of the Central Colorado Water
Conservancy District;hereinafter referred to as "Central," pursuant to §29-1-203, C.R.S.,
§37-45-101, et seq. C.R.S., §30-11-101, et seq. C.R.S., and Article II, §2-3, Weld County
Home Rule Charter.
WITNESSETH:
WHEREAS, the parties entered into an Intergovernmental Agreement dated July
6, 1998 regarding the "Koenig Pit"; and
WHEREAS, the parties desire to amend said Agreement.
NOW, THEREFORE, in consideration of the premises and_the mutual promises and
covenants of the parties hereto, IT IS AGREED AS FOLLOWS:
1. Instead and in place of the 1 share of the Lupton Bottoms Ditch Company,Weld
County shall transfer 60 shares of Lupton Meadows Ditch Company to Central at
closing.
2. The parties will cooperate with each other and execute and deliver such other
instruments and take such other steps as may be necessary to effectuate all the
provisions of this Amended Agreement.
3. This Amended Agreement represents the complete agreement of the parties hereto,
and no oral modifications shall be recognized. Any amendments or additions must
be made in writing and signed by the parties to be effective.
GROUND WATER MANAGEMENT
SUBDISTRICT OF THE CENTRAL
COLORADO WATER CONSERVANCY
DISTRICT
Robert W. Walker, President
F:XIMCCWC XOENIG'AMDI 1
987981
•
` 1 111111 11111111111111111 1111 1111111111 1111111 III 111111111111
2347461
00 D90.O JR8 RSukid C0 County
Tsukamoto
ATTEST:
(seal.)
Thomas V. Cech, .Secretary
WELD COUNTY
Chairman, Board of Commissioners
' R
mooMet-ith
-19
`� , •nab afden, Clerk to the Board
•
F:V(MCCWCVCOENIGNMDl 2
gg/ggg7
1111111 11111 111111 111111111111111111111 III 111111111111
`1
I 03
. 2647403 10/19/1998 10:32A Weld County CO
1 of 1 R 6.00 D 0.00 JA Suki Tsukamoto
SPECIAL WARRANTY DEED
r�
THIS DEED, Made this / 5 day of (A-7c4c{ , 1998, between Weld County, by and through
its Commissioners, of the County of Weld and State of Colorado, grantor, and the Ground Water Management
Subdistrict of the Central Colorado Water Conservancy District, whose legal address is 3209 West 28th Street,
Greeley, 80631, of the County of Weld, and State of Colorado, grantee,
WITNESSETH, That the grantors, for and in consideration of the sum of Ten Dollars and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained,
sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee, its heirs
and assigns forever, all the real property,together with improvements,-if any, situate, lying and being in the County
of Weld and State of Colorado, described-as follows:
Sixty (60) shares of the Lupton Meadows Ditch Company, Certificate(99n "y/rand Well Permit N° 15454-F
and all structures and equipment pertaining to said well.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and
all the-estate, right, title, interest, claim and demand whatsoeverof the grantor, either in law or equity, of, in and
to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto
the grantee, its heirs and assigns forever. And the grantors for themselves, their heirs and personal
representatives or successors, do covenant and agree that it shall and will WARRANT AND FOREVER DEFEND
the above-bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns,
against all and every person or persons claiming the whole or any part thereof, by, through or under the grantors.
IN WITNESS WHEREOF, the grantors has executed this deed on the date set forth above.
WELD OUNTY
By: (//9 eel) By: !`YVI,'I//,/// /44%L,
Constance L. Harbert Donald D. War en
Chairman, Board of Commissioners Clerk to the Board
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this /,.)J1)dayof October, 1998 by Constance
L. Harbert, Chairman, Board of Commissioners, Weld County, and Donald D. Warden, Clerk to the Board, Weld
County.
WITNESS my hand and official seal. •My commission expires: / J1l irx - •'4O
•� Po
K1Mra 16y ;. :f1i(P \C rnu ,-at1 ti. li.-
.. ....OP
My Cammissha Expires October 1,2001
•
No. 16.Rev.3-85. SPECIAL WARRANTY DEED
rt P 4
CORRECTION WARRANTY DEED
THIS CORRECTION DEED,Made this 30th day of November, 1998,between the County of Weld,a body
politic and corporate of the State of Colorado,by and through the Board of County Commissioners of the
County of Weld,grantor(s),and whose legal address is 915 10th Street,Greeley,Colorado 80631,and Ground
Water Management Subdistrict of the Central Colorado Water Conservancy District,whose legal address is
3209 West 28th Street,Greeley,Colorado, 80631, grantee,correcting the Warrenty Deed dated October 16,
1998 and recorded at reception number 2647402 on October 19, 1998 of the records of the Weld County
Clerk and Recorder by adding the name and address of the grantee :
WITNESSETH,That the grantor(s),for and in consideration of the sum of ten DOLLARS($10.00),
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed;and
by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), its heirs and assigns
forever,all the real property,together with improvements, in any,statute,+and being in the County of Weld,
State of Colorado,to wit:
The real property described and shown in the attached Exhibit"A."
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in
anywise appertaining,and the reversion and reversions, remainder and remainders, rents, issues and profits
thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor(s)either in law or
equity, of, in and to the above bargained premises with the hereditaments and appurtenances:
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,
unto the grantee(s),its heirs and assigns forever. The grantor(s)for itself,its heirs and personal representatives
or successors,does covenant,grant,bargain and agree to and with the grantee that at the time of the ensealing
and delivery of these presents grantor was well seized of the premises above conveyed,as of good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power
and lawful authority to grant sell bargain and convey in the same manner and form as aforesaid, and that the
same are free and clear from all former and other grants, bargains, sales, liens, taxes,-assessments_and
encumbrances of whatever kind or nature soever excepting therefrom:
and grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet
and peaceable possession of the grantee(s),its heirs and assigns,against all person(s)who may lawfully claim
the same.
WHEREOF,the grantor(s)has executed this deed on the date set forth above.
� ,.
COUNTY OF WELD, a body corporate and
1 1+1 I. politic of the STATE OF COLORADO, by
n and through the BOARD OF COUNTY
Y
COMMISSIONERS OF THE COUNTY OF
ATTEST y WELD
Constance L. Harbert, Chair
STATE OF COLORADO
County of Weld )ss.
The forgoing instrument was acknowledged before me this 30th day of November, 1998, by
Constance L.Harbert,Chairman,Board of County Commissioners of the County of Weld, a body corporate
and politic of the State of Colorado.
'o PµY Pv
O: .( '. Witness my hand and official seal.
2: ;n "�
ESThFR E. ,U./tiit) e
GESICK
My commission expires:
9 ..
0C '
M:\WPFILES\DEEDS\CENTRALC.WPD
&tj CarrieW Etna September n,2001
1 11111111111 111111 11111 11111 111111 11111111 1111111111111
2664794 01/06/1999 01:66P Weld County CO 7S/��, /
1 of 2 R 0.00 D 0.00 JR Suki Tsukamoto /
EXHIBIT"A"
Lots 7 and 8 in the S '/S of the SE 1/4 of Section 13, Township 2 North,Range 67 West of the 6th P.M.,
County of Weld, State of Colorado, according to the plat of Luton Meadows Land Co. Division No. 1,
including the right to mine sand, gravel and aggregate and including,without any warrenties of title, all
right title and interest to all oil, gas hydrocarbons, minerals and mineral deposits of any kind.
EXCEPTING THEREFROM those strips of land conveyed to Weld County by deeds recorded April 24,
1914 in Book 393 at Page 294 and June 12, 1914 in Book 393 at Page 416.
FURTHER EXCEPTING the following:
Right to construct,whether in fee or easement only, from time to time and maintain and operate
such ditches and laterals and enlargements thereof, as reserved by Lupton Meadows Land
Company in the deed recorded December 3, 1913 in Book 383 at Page 523. (Affects Lot 8)
Side Hill Ditch, and any and all rights of way therefore, as evidenced by Statement recorded
March 28, 1884 in Book 39 at Page 111.
Bone Seep Ditch, and any and all rights of way therefore, as evidenced by Map filed September
29, 1913 as Filing No. 192784.
Meadow Island Ditch, Main Lateral, sloughs and roads, and any and all rights therefore, as shown
on the Plat of Lupton Meadows Land Co., Division No. 1.
Oil and gas lease between Jess Koenig and Orpha G. Koenig and Energy Minerals Corporation
dated May 6, 1970,recorded June 10, 1970 in Book 627 as Reception No. 1548854, and any
interests therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to
C.R.S. § 38-42-106,by Nielson Enterprises, Inc., recorded May 2, 1980 in Book
902 as Reception No. 1824012 and by Energy Minerals Corp. recorded June 8,
1993 in Book 1386 as Reception No. 2336159.
Terms, agreements, provisions, conditions, obligations and restrictions as contained in Extraction
Standards recorded January 23, 1981 in Book 926 as Reception No. 1847800.
Terms, agreements, provisions, conditions and obligations as containedin Surface Damages
Agreement by and between Weld County and Basin Exploration, Inc. recorded August 7, 1992 in
Book 1347 as Reception No. 2299451.
HBO 11111 111111 11111 11111111111 IiIII III 11111 IIII I'll
2664794 01/05/1999 01:56P Weld County CO
2 of 2 R 0.00 D 0.00 JA Suki Tsukamoto
7y/gs7
111111111111111111111111iiii11111111111111111liiiiiii
2647402 10/19/1998 10:32A Weld County CO
1 of 2 R 11.00 D 0.00 JA Sukl Tsukamoto
WARRANTY DEED
THIS DF,ED, Made this 13th day of October, 1998, between the County of Weld, a dy politic and
corporate of the State of Colorado, by and through the Board of County Commissioner• of the County of
Weld,Igrantor(s), and whose legal address is 915 10th Street, Greeley,Colorado 8063 and - grantee(s):
WITNESSETH,That the grantor(s),for and in consideration of the sum of t; DOLLARS($10.00),
the receipt and sufficiency of which is hereby acknowledged,has granted,bargaine ,sold and conveyed,and
by these presents does grant, bargain, sell, convey and confirm, unto the gran e(s), its heirs and assigns
forever, all the real property,together with improvements, in any,statute, lyi _ and being in the County of
Weld, State of Colorado,to wit:
The real property described and shown in the attached Exhibit" .'
TOGETHER with all and singular the hereditaments and . purtenances thereto belonging, or in
anywise appertaining,and the reversion and reversions, remainder nd remainders,rents, issues and profits
thereof, and all the estate,right, title, interest, claim and demand hatsoever of the grantor(s)either in law
or equity, of, in and to the above bargained premises with the ereditaments and appurtenances:
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantee(s), its heirs and assigns f• ever. The grantor(s) for itself, its heirs and
personal representatives or successors,does covenant,gra ,bargain and agree to and with the grantee that
at the time of the ensealing and delivery of these prese s grantor was well seized of the premises above
conveyed,as of good,sure,perfect,absolute and indefe .ible estate of inheritance, in law,in fee simple,and
has good right,fidl power and lawful authority to grant .ell bargain and convey in the same manner and form
as aforesaid, and that the same are free and clear fr m all former and other grants, bargains, sales, liens,
taxes, assessments and encumbrances of whatever ind or nature soever excepting therefrom:
and grantor shall and will WARRANT AND F•REV ER DEFEND the above bargained premises in the quiet
and peaceable possession of the grantee(s) its heirs and assigns, against all person(s) who may lawfully
claim the same.
IN WITNESS WHEREOF, the -rantor(s) has executed this deed on the date set forth above.
COUNTY OF WELD, a body corporate and
politic of the STATE OF COLORADO, by
and through the BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF
ATTEST: -r WELD
• - Constance L. Harbert, Chair
STATE F C
Count of We . ( yRt= )ss.
The forgoi : instrument was acknowledged before me this 13th day of October, 1998,by Constance
L.Harbert,Chair .n, Board of County Commissioners of the County of Weld,a body corporate and politic
of the State of C. orado.
�!•..Ce Witness my hand
and official seal.
f17: t
My comm. Sion expires: /O •:'49
•OF e
l:\DATA\.A\wPPILES\DEEDS\CENAACOM a.Expires Oct 7,2000 G aQ
9gf93Y
r
HUM 11111 111111 111111 IIII 11111111111 III 11111 LIEN
2847402 10/19/1998 10:32R Weld County CO
2 of 2 R 11.00 D 0.00 JR Suki Tsukamoto
EXHIBIT"A"
Lots 7 and 8 in the S '''A of the SE 1/4 of Section 13,Township 2 North, Range 67 We of the 6'h P.M.,
County of Weld, State of Colorado,according to the plat of Luton Meadows Land . Division No. 1,
including the right to mine sand,gravel and aggregate and including, without any arrenties of title, all
right title and interest to all oil,gas hydrocarbons, minerals and mineral deposit f any kind.
EXCEPTING THEREFROM those strips of land conveyed to Weld County deeds recorded April 24,
1914 in Book 393 at Page 294 and June 12, 1914 in Book 393 at Page 416.
FURTHER EXCEPTING the following:
Right to construct,whether in fee or easement only, from tin to time and maintain and operate
such ditches and laterals and enlargements thereof, as rese ed by Lupton Meadows Land
Company in the deed recorded December 3, 1913 in Boo 83 at Page 523. (Affects Lot 8)
Side Hill Ditch, and any and all rights of way therefor as evidenced by Statement recorded
March 28, 1884 in Book 39 at Page 111.
Bone Seep Ditch, and any and all rights of way th efore, as evidenced by Map filed September
29, 1913 as Filing No. 192784.
Meadow Island Ditch, Main Lateral, sloughs d roads, and any and all rights therefore, as shown
on the Plat of Lupton Meadows Land Co., ision No. I.
Oil and gas lease between Jess Koenig a Orpha G. Koenig and Energy Minerals Corporation
dated May 6, 1970,recorded June 10, 1 0 in Book 627 as Reception No. 1548854,and any
interests therein or rights thereunder.
Note: Extension of the ab ve lease as claimed by Affidavit of Production, pursuant to
C.R.S. § 38-42-1 , by Nielson Enterprises, Inc., recorded May 2, 1980 in Book
902 as Receptio o. 1824012 and by Energy Minerals Corp. recorded June 8,
1993 in Book 86 as Reception No. 2336159.
Terms, agreements, provisio s, conditions, obligations and restrictions as contained in Extraction
Standards recorded Janua 3, 1981 in Book 926 as Reception No. 1847800.
Terms, agreements, prov sions, conditions and obligations as contained in Surface Damages
Agreement by and be en Weld County and Basin Exploration, Inc. recorded August 7, 1992 in
Book 1347 as Recept' n No. 2299451.
E9
r )49,-.4)
cps
95/%54/
Hello