HomeMy WebLinkAbout980556.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF MINERAL RIGHTS
OWNED BY WELD COUNTY, COLORADO - S10, T7N, R61W
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, Colorado, is the owner of vast acres of mineral lands located
in Weld County, Colorado, and
WHEREAS, the Department of Purchasing was authorized to solicit bids for the sale of
a portion of said mineral acres not currently leased, and
WHEREAS, at a regular meeting of the Board on April 6, 1998, bids were received from
Orlando Hill and H S Resources, and an oral auction was conducted for 320 net mineral acres,
more or less, described to-wit:
N'/ of Section 10, Township 7 North, Range 61
West of the 6th P.M., Weld County, Colorado
WHEREAS, Weld County desires to accept the high bid offer submitted by Orlando Hill,
43815 Weld County Road 95, Briggsdale, Colorado 80611, to purchase the above described
mineral acreage for a total of$16,320, as stated in the Agreement for Sale and Purchase of
Mineral Rights, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the high bid offer of Orlando Hill be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Agreement for Sale and Purchase
of Mineral Rights be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Chair be, and hereby is, authorized to sign any
necessary paperwork.
980556
LE02Iq
SALE OF MINERAL RIGHTS - S10, T7N, R61W
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of April, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: 4, , ?r r ' �f��► , ��
Constance L. Harbert, Chair
Weld Coun
a _� }7 ,
, . bster, ro- .em I.
Deputy Cle
eorg E. Baxter
APP' e a;' ' . O 'ORM: ��•'��
Da K. all
y A torn- y L�' 4
.I .w4LL- I► ✓ 6712G:
Barbara J. Kirkmeyer
980556
LE0081
4/4/ ' i P85 766
4-Y Olostaq /.5 / 607• `/°
To
AGREEMENT FOR SALE AND PURCHASE OF MINERAL RIGHTS
THIS AGREEMENT, made at Greeley Colorado, this / S 7 day of
41a i ( , 1998, between OjZ ) O / 1 1
hereinafter "Purchaser," and County of Weld, State of Colorado, by and through the
Board of County Commissioners of the County of Weld, 915 Tenth Street, Greeley,
Colorado 80631, hereinafter "Seller".
WITNESSETH:
That in consideration of the payment by the Purchaser to the Seller of the
sum of 5 x4ecii4ous,7,,d Y1,wre IlLP5($ / .3 0"c- ), and other
good and valuable consideration, Seller agrees to sell to the Purchaser and the
Purchaser agrees to purchase from Seller only the minerals lying within or a part of
320 net mineral acres, more or less, described to wit:
N 'h of Section 10, Township 7 North,
Range 61, West of the 6th P.M., Weld
County, Colorado
Said mineral rights are hereinafter referred to as the "Mineral Rights"
according to the terms and conditions set forth herein.
The agreement of sale and purchase of Mineral Rights are subject to the
following conditions:
1. Seller shall furnish to Purchaser a quit claim deed, with no covenants
of warranty, pursuant to Section 39-11-143 (5), CRS, which shall convey the
Mineral Rights. Any title insurance desired by Purchaser shall be provided by
Purchaser.
Page 1 of 3 Pages
'?g0-5-CC('
2. The date of closing shall be the date of delivery of deed as agreed upon by
both parties.
3. Time is of the essence hereof. If any note or check received as earnest
money hereunder or any other payment due hereunder is not paid, honored or
tendered when due, or if any other obligation hereunder is not performed as herein
provided, there shall be the following remedies:
a. IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat
this contract as terminated, in which case all payments and things of
value received hereunder shall be returned to Purchaser and Purchaser
may recover such damages as may be proper, or (2) Purchaser may
elect to treat this contract as being in full force and effect and
Purchaser shall have the right to an action for specific performance or
damages, or both.
b. IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat
this contract as terminated, in which case all payments and things of
value received hereunder shall be forfeited and retained on behalf of
Seller and Seller may recover such damages as may be proper, or (2)
Seller may elect to treat this contract as being in full force and effect
and Seller shall have the right to an action for specific performance or
damages, or both.
c. Anything to the contrary herein notwithstanding, in the vent of
any litigation arising out of this contract, the court may award to the
prevailing party all reasonable costs and expenses, including attorneys'
fees.
4. Possession of the Mineral Rights shall be delivered to Purchaser upon
closing.
5. Purchaser understands that Mineral Rights are currently under a lease, dated
February 15, 1995, between seller and H.S. Resources. Said lease shall be assigned
to Purchaser at the time of closing
Page 2 of 3 Pages �y
6l-
CMS-66
6. If this proposal is accepted by Purchaser in writing and Seller receives notice of such
acceptance on or before /p' 16, /99d7 , this instrument shall become a contract between
Seller and Purchaser and shall inure to the benefit of the heirs, successors, and assigns of such
parties.
S IN WITNESS HEREOF, the parties hereto have subscribed their names this
eday of )(4r11, 1998.
ATTES n !/G%� . BOARD OF COUNTY COMMISSIONERS
(� WELD COUNTY, COLORADO
Weld Court b lc41 r _
and Clerk �arr �. :r BY �/l�i���res.e_z_�Jl /vda
Chairman coci/o416/0
By: w
Deput
(The following section to be completed by Purchaser)
Purchaser accepts the above proposal this W day of 7�/l, I , 1998.
PURCTvoei
.�9
(Signature)
g,-3c/5 /tiC fe 9S
(Address)
s c ‘/l
SUlat ,
Nday ll 1998.
hi 1)SWORN to before me this / of 7A��
Pa3Ti gY
WITNESS...ray hand aid official seal.
lei 1
•
Notary Public
My commission expires:
Y COMMISSION EXPIRES JUNE 8, 1998
M
Page 3 of 3 Pages
9805.E
WORLD SAVINGS' ----T- -- 9��o_
AND LOAN ASSOCIATION0 .:. S 3 5 6 g�5 z„
'` RE; ORLANDO HILL
.• 1901 garrison Sate! • 2016357 685 -
Oakland;Caljinroid.946U 2154010
DATEApr01-98
$857 DOLLARS AND 6Q*CENTS
***'�
Eight Hundred Fifty Seven Dollars and 60 Cents -, •.-- 57.60
PAY TO THE
• ORDER OF **WELD •
WCOUNTY OR ORLANDO HILL** ._ ;'
Y .. • 3;t
.
TWO SIGNATURES REQUIRED ON CHECKS OF$ OR MORE
CASHIER'S CHECK
•
II' 2O1635 ?6Bii' C: 3a11 ?O3841: n' 1335 ? 363n° 44
c /
QUIT CLAIM DEED
THIS DEED is made this 14th day of April, 1998, between Weld County, Colorado, a body politic
and corporate of the State of Colorado of the first part, and to the Orlando L. Hill, 43815 WCR 95,
Briggsdale, Colorado 80611, of the second part.
WITNESSETH,that the said party of the first part, for and in consideration of the sum of,
$16,320 and other good and valuable consideration, to the said party of the first part in hand paid by
the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has
remised,released,sold,conveyed and QUIT CLAIMED,and by these presents does remise,release,
sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and
assigns, forever, all the right, title, interest, claim and demand which the said party of the first part
has in and to the following described lots or parcels of land situate, lying and being in the County
of Weld and State of Colorado, to wit:
All of the minerals lying within 320 net mineral acres, more or less,
described to wit: The North One-Half(N) of Section 10, Township
7 North, Range 61 West 6th P.M., Weld County, Colorado.
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only
proper use, benefit and behoof of the said party of the second part, heirs and assigns forever.
IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal
the day and year first above written.
IN WITNESS WHEREOF, I, Constance L. Harbert, Chair of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue
of the Order contained in the Resolution made by said Board of County Commissioners on the 6th
day of April, 1998,have hereunto set my hand and affixed the seal of said County this 14th day of
April, 1998, for the uses and purposes therein set forth./
ATTEST: )i, t2�?4/ GG� COUNTY OF WELD, STATE OF
COLORADO, A BODY POLITIC AND
CLERK ; O f= i '' + ` CORPORATE OF THE STATE OF
COUNT; '�li�#; _', ! �. t COLORADO
BY: f, BY: ( `/!h7y5c,e,,r.d.416 �uco7`
Deputy f!ri:�a �:oard Constance L. Harbert, Chair
STATE OF COLORADO )
County of Weld ) ss.
The foregoing instrument was acknowledged before me this 14th day of April, 1998, by
Constance L. Harbert,as Chair of the Board of County Commissioners of the County of Weld in the
State of Colorado.
Witness my hand and of j1e p(,
/ O/
My commission expi 'sx •n
s
SWUM }
1.2i4-77,liette, 'ALA
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M:\WPkIl.ES\DEEDS\ODILL.WPD
My Commission Wass Odds 1,8D01
HBO 11111 111111 11111 1111 11 MEM BE IIII Ill 613-0 S-1°
2607021 04/17/1998 02:11P Wsld County CO
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STATEMENT OF SETTLEMENT
SELLER'S PURCHASER'S ❑
PROPERTY ADDRESS: N/A
SELLER: The County of Weld,a political subdivision of PURCHASER: Orlando L. Hill
the State of Colorado
SETTLEMENT DATE: April 13, 1998 DATE OF PRORATION:N/A
LEGAL DESCRIPTION: All of the minerals lying within 320 net mineral acres,more or less, described to wit: The North One-Half
(N)of Section 10, Township 7 North,Range 61 West 6th P.M., Weld County,Colorado.
Debit Credit
1. Selling Price $16,320.00
2. Deposit,paid to Seller $857.60
3. Trust Deed,payable to
4. Trust Dee,payable to
5. Trust Deed,payoff to
6. Interest on Loan Assumed
7. Title Ins. Premium
8. Abstracting: Before Sale
9. After Sale
10. Title Exam.by:
11. Recording: Warranty Deed
12. Trust Deed
13. Release
14. Other
15. Documentary Fee
16. Certificate of Taxes Due
17. Taxes for Preceding Year(s)
18. Taxes for Current Year
19. Tax Reserve
20. Special Taxes
21. Personal Property Taxes
22. Hazard Ins. Prem.Assumed-- Policy No. Co.
$ Yr. Term Expires
Premium $ Days Unused at 0 per day
23. Premium for New Insurance
24. Hazard Ins. Reserve
25. FHA Mortgage Ins.Assumed
26. FHA Mortgage Ins.Reserve
27. Loan Service Fee(Buyer)
28. Loan Discount Fee(Seller)
29. Interest on New Loan
30. Survey and/or Credit Report
31. Appraisal Fee
32. Water and/or Sewer
33. Rents
34. Security Deposits
35. Loan Transfer Fee
36. Loan Payment Due
37. Broker's Fee
Sub-totals $857.60 $16,320.00
Balance due from Buyer $15,462.40
TOTALS $16,320.00 $16,320.00
The above figures do not include sales or use taxes on personal property.
APPROVED and ACCEPTED
4
Purchaser uW{^ P Nf!? Seller: THE COUNTY OF WELD, STATE OF COLORADO
Purchaser BY Ja7) ' /mice-0 S
Constance L. Harbert,Chair
Board of County Commissioners
of the County of Weld, State of Colorado
M:\W PPILES\DEEDS\SETHILL2.
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