HomeMy WebLinkAbout960622 A N2 4804 b5 SPECIAL WARRANTY DEED
THIS DEED, made this /AAA day of Febcu r-�y , 1996, between the County of
Weld, a political subdivision of the State of Colorado, whose legal address is 915 Tenth Street,
Greeley, Colorado, Grantor, and the Department of Human Services, State of Colorado, whose legal
address is 1575 Sherman Street, 8th Floor, Denver, Colorado, Grantee:
WITNESSETH, that the Grantor, for and in consideration of the sum of 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, its
heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and
being in the County of Weld, State of Colorado, described as follows:
The real property described and shown in 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, either in law or equity, 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; subject, however, to those restrictions
and remedies for breach thereof set forth in the Intergovernmental Agreement between the Grantor
and Grantee, dated D-041gla and recorded at Book /c3S , Reception Number
/92 024,7937 d in the Office of the Weld County Clerk and Recorder. The Grantor, for
itself, its heirs and personal representative or successors, does 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 Grantor.
.�� IN WITNESS WHEREOF, the Grantor executed this deed on the date set forth above.
•
Wadi? COUNTY OF WELD,apolitical subdivision
.' of the STATE OF COLORADO
•
Uy Clerk " + the Board Barbara J. Kirkmeyer, hair,B d of County
Commissioners of the County of Weld
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of t/ i tu4/c
1996, by Barbara J. Kirkmeyer, Chair, Board of County Commissioners of the County of Weld.
g.g'.t5 my hand and official seal. \
r�' Notary Public
.f1 °1> ciemmission expires:
q' •.. `.lMUARY 10, 1999
M:\W PFI LES\DEEDS\HUMAN.DB
960622 II
2480455 B-1537 P-77 03/12/96 01:52P PG 1 OF 2 REC DOC
Weld County CO Clerk & Recorder 0.00
pRcOi3
NW. eN., SEC. 31, N.1\4 NOR. SEC. 31,�
T.6N., R.65W. T.6N., R.65W.
N 89'34'39" W 2,820,36'
564.07' \ NORTHWEST CORNER S 89'34'39" E 475.83' ti/ 1,780.46'
TRACT "A" WELD COUNTY 50.00
30.00' R.O.W.--1 BUSINESS PARK P.U.D. dN
10' TELEPHONE/1 10' UTILITY
EASEMENT EASEMENT
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N 89'35'52" W 462.00' N
FUTURE 60.00'
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// V -SOUTHWEST CORNER S 89'35'52" E 2,247.08'
TRACT "A" WELD COUNTY
BUSINESS PARK P.U.D.
LEGAL DESCRIPTION
A part of Tract "A" Weld County Business Park P.U.D. a subdivision within
the City of Greeley, County of Weld, State of Colorado, more particularly
described as follows:
Commencing at the North Quarter (N1\4) Corner of Section 31, Township 6
North, Range 65 West of the 6th Principal Meridian, being a 3 1\4" aluminum
cap stamped KLH—NUL Engineering L.S. 3970 on a 2 3\4" pipe in a monument
box, and considering the North 'Ine of the Northwest Quarter (NW1\4) to bear
North 89' 34' 39" West, to the Northwest Corner of said Section 31, being a
2 1\2" aluminum cap stamped Powers Elevation Co. Inc. L.S. 19585 on a 3\4"
repot in a monument box, with all bearings contained herein being relative
thereto; thence North 89' 34' 39" West along the North line of said Section
31, a distance of 1,780.46 feet, to the True point of Beginning: thence
South 00' 25' 21" West, a distance of 595.22 feet, thence North 89' 35' 52"
West, along a line 60.00 feet North, and parallel to the South line of Tract
"A" Weld County Business Park, a distance of 462.00 feet, to a point on the
West line of Tract "A" Weld County Business Park; thence along the West line
of Tract "A", North 00' 54' 31" West, a distance of 595.55 feet, to the
Northwest Corner of Tract "A", and the North line of Section 31; thence
along said North line also being the North line of Tract "A", South 89' 34'
39" East, a distance of 475.83 feet to the True point of Beginning.
Said Parcel of land contains 6.408 acres, more or less of which 0.546 acres
are City of Greeley Right—of—Way, and is subject to any Rights—of—Way or
other easements as granted or reserved by instruments of record or as now
existing on said tract of land,
95012\EXHIBIT Tuesday. September 5, 1995, 10:09am
WELD COUNTY BUSINESS PARK
KLHENGINEERING GROUP STATE YOUTH DETENTION FACILITY
GREELEY, COLORADO (970)351 -0550 PROPERTY EXHIBIT
2480455 B-1537 P-77 03/12/96 01:52P PG 2 OF 2 EXHIBIT "A"
.or.c. p
* *
1826
GALE A. NORTON STATE OF COLORADO STATE SERVICES BUILDING
Attorney General 1525 Sherman Street- 5th Floor
DEPARTMENT OF LAW Denver, Colorado 80203
STEPHEN K. ERKENBRACK Phone (303) 866-4500
Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX (303) 866-5691
TIMOTHY M. TYMKOVICII
Solicitor General
February 16 , 1996
II' FEB 2 0 1996
Bruce T. Barker [�
Weld County Attorney ':
P.O. Box 1948
Greeley, Colorado 80632 "V ATTORNEY'` ELDSCOUNTY
OFFICE
RE : Intergovernmental Agreement for Transfer of Property
Dear Mr. Barker :
Enclosed is a copy of the fully executed Agreement between
Weld County and the Department of Human Services .
If you have any questions, please feel free to contact
Thomas Parchman.
Sincerely,
FOR THE ATTORNEY GENERAL
INDA WHITAKER
Administrative Assistant III
State Services Section
(303) 866-5660
Enclosure
LL'7?�Zi/2./ iv/
G.
A R2v71J Td INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF PROPERTY
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 14th
day of February 1996 , by and between the County of Weld, a
political subdivision and the State of Colorado, by and through the
Board of County Commissioners of the County of Weld, hereinafter to
as "County" , whose address is 915 10th Street, Greeley, Colorado
80631, and the Department of Human Services, State of Colorado,
hereinafter referred to as the "State, " whose address is 1575
Sherman Street, 8th Floor, Denver, Colorado 80203 .
WITNESSETH:
WHEREAS, the County is the owner of a vacant parcel of land,
being a part of Tract "A" of the North Weld Business Park in
Greeley, Colorado, and being more particularly described in the
attached Exhibit "A" (said parcel hereinafter referred to as "the
Property") , and
WHEREAS, the State desires to construct on the Property a
Juvenile Detention and Commitment Facility (hereinafter referred to
as "the Facility") to serve various judicial districts within the
"Northeast Catchment Area, " with said judicial districts being
described in paragraph 3 .C. , below, and
WHEREAS, the Colorado General Assembly approved funding for
the construction of certain juvenile detention and commitment
facilities; however, the General Assembly did not provide any
1
;2479378 B-1535 03/05/96
3/05/ 1:47P PG 1 OF 13 REC 0.00 D0C
Weld County CO Clerk
Weld County Land
Contract
funding for the purchase of the land upon which said facilities are
to be built, including the Property described herein, and
WHEREAS, the County is willing to convey the Property to the
State in consideration of economic and other benefits of the County
associated with such a Facility, the sufficiency of which is
acknowledged by the County, subject to the terms of this Agreement .
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows :
1 . CONVEYANCE OF PROPERTY. The County shall convey the
Property to the State by Special Warranty Deed for good
and valuable consideration, the sufficiency of which is
hereby acknowledged, and which shall be so acknowledged
in the Special Warranty Deed, subject to the following
restrictions:
A. The State shall construct on the Property the
Facility which shall be continuously owned,
operated, and occupied exclusively by the State for
the purpose of holding committed youths and
detaining pre-commitment youths . Any lapse in
occupation or operation of less than 24 months and
one day shall be considered continuous operation
and occupation, excluding any lapse caused by the
assignment of Facility operations to private
2
2479378 B-1535 P-730 03/05/96 01:47P PG 2 OF 13
Weld County Land
Contract
vendors. The purpose of this lapse provision is to
allow the State the opportunity to recover from any
unforeseen shutdown caused by natural or manmade
disasters .
B . The Facility shall only hold committed youths and
detain pre-commitment youths who are younger than
21 years of age.
C. The Facility shall hold only those committed youths
who either reside in or have committed crimes in
the following Colorado Judicial Districts : the
8th, 13th, 17th, 19th, and 20th Judicial Districts .
The Facility shall only detain pre-commitment
youths who reside in, have committed crimes in, or
are apprehended in the following Colorado Judicial
Districts : the 8th, 13th, 17TH, 19th, and 20th
Judicial Districts .
The above stated restrictions shall be clearly set forth
in the Special Warranty Deed and shall be considered to
be covenants on the Property. The State shall comply
with said restrictions continuously and without
interruption. Any and all of said restrictions shall be
enforceable only through injunction, but only after sixty
(60) days notice to the State prior to the commencement
of any court action. Notice shall be through personal
3
2479378 B-1535 P-730 03/05/96 01:47P PG 3 OF 13
Weld County Land
Contract
service upon the Colorado Attorney General and the
Director of the Department of Human Services .
2 . PLANNING AND CODES . The State understands and hereby
acknowledges that the Property is located entirely within
the boundaries of the City of Greeley, Colorado. For the
Facility, the State will utilize a planning and
construction process customary for state buildings .
Further, the State has prepared a facilities program plan
for review by the Capital Development Committee and the
Joint Budget Committee acting as a joint committee .
3 . UTILITIES . The State intends to obtain water, including
domestic and for fire protection purposes, and sanitary
sewer services from the City of Greeley. The County
shall pay for the construction of adequately sized main
service lines located on county owned property running
adjacent to and on the southern and western perimeters of
the Property. The State has determined that the main
service lines currently in place and serving the Weld
County Department of Human Services building are
adequate, if they are extended to the Facility as planned
by the County. The State shall pay for development fees,
taps, and the construction of service lines from the
Facility to the main lines . Gas, electric, and telephone
services shall be obtained through the commercial
4
2479378 B-1535 P-730 03/05/96 01:47P PG 4 OF 13
Weld County Land
Contract
providers serving the Property. The County agrees to
grant easements to the utility provider (s) and/or the
State for all required utilities serving the Property and
to coordinate the schedule for construction of the water
and sanitary sewer utilities with the schedule for
construction of the Juvenile Detention and Commitment
Facility.
4 . STORM WATER DRAINAGE. The State intends to construct
storm water detention ponds, if required, to serve the
Property. The storm water detention ponds constructed by
the State to serve the property have been preliminarily
designed and shall be built to temporarily detain storm
water in order to provide release at historic flow rates
as determined by the State. Preliminary design
information has been provided to the Weld County Director
of Finance and Administration. One pond shall be located
on the eastern side of the Property (the "East Pond" ) .
The second pond shall be located on County owned property
adjacent to and west of the Property (the "West Pond" ) .
The County agrees to grant to the State for its benefit
as owner of the Property a permanent easement for the
State' s continued use of the West Pond; however, said
permanent easement shall be subject to the shared use of
the West Pond by County for the temporary storage of
5
2479378 B-1535 P-730 03/05/96 01:47P PG 5 OF 13
Weld County Land
Contract
irrigation drainage water flowing from property located
north of the Property. Further, the County agrees to
procure from R.M. Hiner Construction Company the grant of
permanent easements to the State for its benefit as owner
of the Property permitting the State to drain the East
and West Ponds onto land located south of the Property.
The State shall maintain the East Pond, including all
appurtenances. The County shall maintain the West
Pond, including all appurtenances .
5 . WESTERN CLEAR ZONE. The County agrees to establish a
permanent easement for the benefit of the State as owner
of the Property, being fifty feet (50' ) in width and
located along the eastern boundary of the County owned
land abutting the western boundary of the Property, which
requires that no structure or building, as defined by the
1994 Edition of the Uniform Building Code (or later
editions adopted by County) , shall be erected thereon.
Excepted from the easement' s prohibition against the
erection of buildings or structures shall be the storm
water detention pond described in paragraph 4 . , above;
any fence surrounding said pond; any appurtenances to
said pond; and any oil and gas structures allowed within
fifty feet of Property' s boundary, in accordance with
Colorado Oil and Gas Conservation Commission Rules and
6
2479378 B-1535 P-730 03/05/96 01:47P PG 6 OF 13
Weld County Land
Contract
Regulations . Said fifty foot permanent easement shall be
referred to as the "Western Clear Zone. "
6 . PERIMETER ROADWAY. The County agrees to construct and
maintain a roadway on the southern and western perimeters
of the Property. County shall have the sole discretion
as to whether said roadway is gravel or paved beyond the
service and access drives; however, the perimeter road
shall be asphalt, paved from O Street to 20 feet beyond
the service and access drives to the property. The
county shall grant to the State permanent easements on
said perimeter road and across county-owned property for
the construction and maintenance of the service and
access drives (and their appurtenances) and for the
construction and maintenance of landscaping and
irrigations adjacent to the north entry drive of the
proposed State facility, and for the State' s continued
access to the property. The County shall coordinate
construction of the perimeter road with the schedule for
the construction of the Facility. Said roadway shall be
constructed and maintained in accordance with County
standards as generally set forth in Weld County Ordinance
180, as amended.
7 . DEPOSITING OF FILL MATERIAL ON THE PROPERTY. By May 15,
7
2479378 B-1535 P-730 03/05/96 01:47P PG 7 OF 13
Weld County Land
Contract
1996, the County agrees to mine, transport, place and
compact approximately 77, 500 cubic yards of suitable fill
material obtained from off of the Property. The County
or its agent (s) shall place and compact the fill material
on the Property, on the County owned property adjacent to
and west of the Property, and under the County road
described in Paragraph 6 above. The State acknowledges
that it has had the opportunity to test the proposed fill
material and hereby states that such proposed fill
material is suitable for the proposed uses which the
State intends for the Property. The County does not
guarantee or warrant such suitability or the compaction
of the fill material on the Property. Placement and
compaction of the fill material shall be in accordance
with the plans and specifications prepared by the State .
The State shall retain a geotechnical engineer to ensure
the suitability of the fill material and a testing agency
to observe and verify as acceptable to the State the
proper placement and compaction of the fill material .
The State agrees to reimburse the County within forty
five (45) days of the completion of the work for the
timely placement and compaction of the fill material on
the Property at the County' s cost up to a maximum of
seventy thousand dollars ($70 , 000) . The County' s cost
shall be calculated by multiplying the unit price bid per
8
2479378 B-1535 P-730 03/05/96 01:47P PG 8 OF 13
Weld County Land
Contract
cubic yard for placement and compaction, times seventy
thousand hundred (70 , 000) cubic yards of compacted fill .
8 . FENCING. The State agrees to erect and maintain at its
sole expense any fencing on the Property which is
necessary for the administration of the Facility.
Further, any Property fence adjacent to the County owned
property east of the Property proposed for a County jail
facility shall be covered with an opaque material to
provide sight separation between the County' s adult jail
facility and the State' s juvenile facility. The County
proposes to close the west end of phase three of its
final facility with solid material; however, if that west
end of the final adult facility, facing the Property, is
closed with a chain link or similarly transparent fence,
the County agrees to provide opaque screening material on
such fence in order to maintain sight separation between
the adult and juvenile facilities . The intent of the
sight separation materials is to create a two hundred
foot (200' ) sight barrier between juveniles and adults .
9 . INSTRUMENT OF CONVEYANCE. Conveyance of the Property
shall be by Special Warranty Deed free and clear of
encumbrances, except for those stated in paragraph number
one above .
9
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Weld County Land
Contract
10 . CLOSING COSTS . Any closing costs and expenses,
including, but not limited to, title insurance, shall be
paid for by the State, and there shall be no cost to the
County, except customary prorations, if any.
11 . HEADINGS. The headings used in this Intergovernmental
Agreement are for the convenience of the parties only and
shall not have any legal effect or in any way alter and
modify the meaning or interpretation of this Agreement .
12 . BINDING EFFECT. This Intergovernmental Agreement
supersedes all prior agreements between the parties
regarding the conveyance of the Property to the State for
the purpose of constructing the Facility and is binding
upon the successors in interest to the parties . This
Intergovernmental Agreement shall be in full force and
effect subsequent to the transfer of the Property. The
parties expressly understand and agree that this
Intergovernmental Agreement is intended as the complete
integration of all agreements and understandings between
the parties . No prior or contemporaneous addition,
deletion, or other amendment hereto shall have any force
or effect whatsoever, unless embodied herein in writing.
If any provision of this Intergovernmental Agreement
shall be declared to be unenforceable, the remainder
10
2479378 8-1535 P-730 03/05/96 01:47P PG 10 OF 13
Weld County Land
Contract
hereof shall continue to be binding upon the parties .
13 . SHARED SERVICES. To the extent permitted by State and/or
County law, including, without limitation, § 24-50-501,
et . seq. , C.R.S . as amended, and applicable procurement
rules, the County and the State agree that when
opportunities for cooperative provision of services
occur, the State and the County shall consider such
cooperative provision and may do so through subsequent
separate agreement . The cooperative provision of
services as contemplated herein include, but are not
limited to, food service, building maintenance, custodial
service, and medical services to county jail prisoners or
juvenile detainees or committees, and any other services
which will have the effect of achieving cost savings to
both parties. The transfer of the Property as
contemplated herein, however, shall not be conditioned
upon either party entering onto any such cooperative
procurement agreement . The parties further agree to
share the expenses of any necessary shared facilities,
including, but not limited to, the storm water detention
pond located on the County owned parcel located west of
the Property.
14 . SIGNATURE AUTHORITY. The parties further represent to
11
2479378 B-1535 P-730 03/05/96 01:47P PG 11 OF 13
Weld County Land
Contract
each other that the individuals signing this
Intergovernmental Agreement have the authority to do so
and all conditions precedent to executing this Agreement
have been met.
Signed this 14thday of February , 1996 .
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF
illl����111 LZ COLORADO, BY AND THROUGH THE
/LaBOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
p /•
,( �/,7L l 1_J
® `�� �� % i `/%//arbara J. Kirkhleyer
` �f�'� Chair
ATT T: DEPARTMENT OF HUMAN SERVICES,
0 STATE OF COLORADO /�
BY: E;d BY: �s�tfr —
Delsa Demlow rbara McDonne 1
_,Executive Assistant Executive Director
I vCo m4ftsf n r.; , , ,.:r:L YO; law
APPROVAL AS TO FORM:
BRUCE T. BARKER GALE NORTON, ATTORNEY GENERAL
WE Y ATTO FOR THE STATE S OF
COLORADO
iadi
Thomas Parchman
Assistant Attorney General
State Services Division
2479378 B-1535 P-730 03/05/96 01:47P PG 12 OF 13
12
NW. COR. SEC. 31, N.1\4 COR. SEC. 31,
T.6N., R.65W. T.6N., R.65W.
N 89'34'39" W_ 2,820,36' Ab
564.07' N NORTHWEST CORNER _ S 89'34'39" E 475,83' ,� 1 ,780.46'
TRACT "A" WELD COUNTY
} 0-;lC R J.W.
30.00' R.O.W.J BUSINESS PARK P U.D.
10' UTILITY
10' TELEPHONE/ EASEMENT
EASEMENT
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BE VACATED In
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SCALE: 1 " = 100'
-, 20' UTILITY f
I EASEMENT TO
BE VACATED \
NN NiN
) N 89'35'52" W 462,.,00f
o FUTURE 60.00' . "
UTILITY EASEMENT
S 89'35'52" E 2,247.08'
SOUTHWEST CORNER
TRACT "A" WELD COUNTY
BUSINESS PARK P.U.D.
LEGAL DESCRIPTION
A part of Tract "A" Weld County Business Park P.U.D. a subdivision within
the City of Greeley, County of Weld, State of Colorado, more particularly
described as follows:
Commencing at the North Quarter (N1\4) Corner of Section 31, Township 6
North, Range 65 West of the 6th Principal Meridian, being a 3 1\4" aluminum
cop stamped KLH—NUL Engineering L.S. 3970 on o 2 3\4" pipe in a monument
box, and considering the North !ine of the Northwest Quarter (NW1\4) to bear
North 89' 34' 39" West, to the Northwest Corner of said Section 31 , being a
2 1\2" aluminum cap stamped Powers Elevation Co. Inc. L.S. 19585 on a 3\4"
rebar in a monument box, with on bearings containea herein being relative
thereto; thence North 89' 34' 39" West along the North line of said Section
31, a distance of 1,780.46 feet, to the True point of Beginning; thence
South 00' 25' 21" West, a distance of 595.22 feet, thence North 89' 35' 52"
West, along a line 60.00 feet North, and parallel to the South line of Tract
"A" Weld County Business Park, a distance of 462.00 feet, to a point on the
West line of Tract "A" Weld County Business Park; thence along the West line
of Tract "A", North DO' 54' 31" West, a distance of 595.55 feet, to the
Northwest Corner of Tract "A", and the North line of Section 31: thence
ofong sail North Ono also being the North ne of Tract "A", South 89' 34'
39" East, a distance of 475.83 feet to the True point of Beginning.
Said Parcel of land contains 6.408 acres, more or less of which 0,546 acres
are City of Greeley Right—of—Way, and is subject to any Rights—of—Way or
other easements as granted or reserved by instruments of record or as now
existing on said tract of land.
95012\EXHIBIT Tuesday, September 5, 1995, 10:09am
WELD COUNTY BUSINESS PARK
KLHENGINEERING GROUP STATE YOUTH DETENTION FACILITY
GREELEY, COLORADO (97O)351 -O55O PROPERTY EXHIBIT
2479378 B-1535 P-730 03/05/96 01:47P PG 13 OF 13
EXHIBIT "A"
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