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HomeMy WebLinkAbout960560.tiff HEARING CERTIFICATION DOCKET NO. 96-09 RE: POST-AWARD HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT - HIGHLAND DAY CARE CENTER FACILITY A public hearing was conducted on April 1, 1996, at 9:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair Commissioner George E. Baxter, Pro-Tem Commissioner Dale K. Hall Commissioner Constance L. Harbert - EXCUSED Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Finance and Administration Director, Donald Warden The following business was transacted: I hereby certify that pursuant to a notice dated February 23, 1996, and duly published February 29, 1996, in the North Weld Herald, a Post-Award Hearing was conducted concerning the performance of the County of Weld in carrying out the construction of the Highland Day Care Center facility in Ault, Colorado, financed with Federal Community Development Block Grant funds provided by the State. Donald Warden, Finance and Administration Director, made this a matter of record and explained this project is complete, and this hearing is to obtain public input. No public testimony was offered concerning this matter. This Certification was approved on the 3rd day of April, 1996. APPROVED: E : + .• BOARD OF COUNTY COMMISSIONERS di/J �W D COUNTY, OLO $1861 Teft.=. t Clerk to the Board ilia/LZ < ��/ '- 'j •-� /. , Barb a J. Kirkmeyer, Chair (t)® 9� ► uty Clerk to the Bo rd 1/4u tN orge E. Baxter, P -Te TA E #96-10 Dale I . Hall DOCKET#96-09 FXCIJSFr1 Constance L. Harbert FI0022 W. H. vvebster c� -r"I-7121 960560 FI0022 PUBLIC NOTICE AND NOTICE OF PUBLIC HEARING FOR POST-AWARD HEARING DOCKET NO. 96-09 The County of Weld will conduct a public hearing at 9:00 a.m., on April 1, 1996, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. The purpose of the hearing is to allow citizens to review and comment on the performance of the County of Weld in carrying out the construction of the Highland Day Care Center facility in Ault, Colorado, which was financed with federal Community Development Block Grant funds provided by the State of Colorado. Written comments are also welcome and must be received by April 1, 1996, in the office of the Clerk to the Board, 915 10th Street, Greeley, Colorado 80631. Information and records regarding the above described project are available at the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. Advance notice is requested. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax(970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: February 23, 1996 PUBLISHED: February 29, 1996, in the North Weld Herald 960560 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss. COUNTY OF WELD I, Bruce J. Bormann, of said County of Weld, being duly sworn, say that I am Publisher of THE NORTH WELD HERALD PUBLIC NOTICE ANDNOTICE OF PUBLIC HEARING FOR POST-AWARD HEARING a weekly newspaper having a general circulation in said DOCKET NO.96.09 County and State, published in the Town of Eaton, in said The County of Weld will conduct a public hearing at 9:00 a.m.,on April 1, 1996,In the County and State; and that the notice, of which the annexed is Chambers of the Board of county a true copy, has beenpublished in said weekly newspaper for Commissioners eld Co my Centennial Center,Colorado,t fin^^ Py Street, First Floor, Greeley, Colorado. The ' �"trL successive weeks, that the notice was published purpose of the hearing is to allow citizens to in the regular and entire issue of every number of the paper review and comment on the performance of 9 P P the County of weld in carrying out the during the period and time of publication, and in the construction of the Highland Day Care Center facility in Ault, Colorado, which was proper er news a and not in a su lament, and that the financed with federal Community newspaper pP Development Block Grant funds provided by publication of said notice: the State of Colorado. Written comments are also welcome and must be received by April 1, 1996, in the �, office of the Clerk to the Board, 915 10th post•q.Lu Street, Greeley, Colorado 80631. was in said newspaper bearing the date of: Information and records regarding the above described project are available at the office y Vilt of the Clerk to the Board of County Thursday,the -2 / —day a of 4- z-R^"� , 1996 Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Thursday,the day of , 1996 Friday, 8:00 am. to 5:00 p.m. Advance notice is requested. Please contact the Clerk to the Board's Thursday, the day of , 1996 Office at phone (970) 356-4000, Extension 4226, or fax(970) 352-0242 prior to the day of the hearing so the) reasonable Thursday,the day of , 1996 accommodations can be made If, in accordance with the Americans with Disabilities Act, you require special accommodations ions order a disbili in to acipate in and that the said THE NORTH WELD HERALD has been thishearing result o ty. BOARD OF COUNTY COMMISSIONERS published continuously and uninterruptedly for the period of 52 WELD COUNTY,COLORADO consecutive weeks, in said County and State, prior to the date BY: DONALD D.WARDEN WELD COUNTY CLERK of first publication of said notice, and the same is a newspaper TO THEBOARD within the meaning of an Act to regulate printing of legal BY: SHELLY K. MILLER DEPUTY CLERK p notices and advertisements, approved May 18, 1931, and all TOprior acts so far 'n force. DATED:February 23,1996 PUBLISHED: lNorth Weld Herald 1996, in the BRU J. BORMANN, PUBLISHER Z y ' Subscribed and sworn to before me this 20 Ill day •� c of 77ake/b , 19 96 • ERIKA C. BACLEI lgd ` NOTARY PUBLIC =% My commission expires aczSba2 21 (999 211 2490668 B-1546 P-1297 05/13/96 04:38P PG 1 OF 3 REC D0C Weld County CO Clerk & Recorder 0.00 ENTERPRISE ZONE PROPERTY GRANT AND ASSIGNMENT AGREEMENT WHEREAS, SCX, Limited Liability Company, a Colorado limited liability company(hereinafter the Grantor)wishes to donate all of the real property described in the attached"Exhibit A"to the Highland Day Care Center, Inc. (hereinafter the Assignee)for the Assignee's use in its day care center programs, and; WHEREAS,the Assignee qualifies for certain tax benefitted contributions as set forth under Colorado's Urban and Rural Enterprise Zone tax law(Section 39-30-103.5, C.R.S.), and; WHEREAS, the Grantor, by its donation qualifies for certain tax credits against its Colorado income taxes, and; WHEREAS, said donation to the Grantor, by law, must be made directly to the appropriate enterprise zone administrator, which in this instance is the Greeley-Weld Economic Development Action Partnership (hereinafter Grantee and Assignor), and; WHEREAS, Grantee desires to facilitate said donation and to immediately assign its right to acquire said property described to the Assignee without taking title. NOW, THEREFORE, Grantor does this day grant all of its rights,title and interest in the above described property to grantee who, in turn, assigns its interest, as Assignor,unconditionally to the Assignee, with the effect that this conveyance of property shall be directed from the Grantor to the Assignee as evidences by appropriate registration and other formal documentation to be drawn and executed in due course, in a timely matter and as may be prescribed by law. ALL COSTS associated with this transaction, if any, shall be borne by either the Grantor or Assignee, as mutually agreed upon by the parties hereto. The Grantee/Assignor shall be relieved of any and all costs, expenses or liability associated with this transaction. sr DATED this 3/ day of January, 1996. SCX, LIMITED LIABILITY COMPANY, a Colorado limited liability company, Grantor By: ��T , ce Roger Schulz, Manager and M er sf The foregoing instrument was acknowledged before me, this .3/ day of la))ugr , 1996, by Roger L. Schulz, Manager and Member, SCX, LIMITED LIABILITY COMPANY/, a Colorado limited liability company, Grantor. My commission expires: WITNESS my hand and official seal. 7eee di/A& /77Y Notary Public 1 of 2 Pages 2490668 B-1546 P-1297 05/13/96 04:38P PG 2 OF 3 GREELEY-WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP, AS ADMINISTRATOR OF THE GREELEY-WELD ENTERPRISE ZONE, Grantee and Assignor By:6ye bfr,_ 111iam J. Argo, es' ent The foregoing instrument was acknowledged before me, this day of , 1996, by William J. Argo, GREELEY-WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP, AS ADMINISTRATOR OF THE GREELEY-WELD ENTERPRISE ZONE, Grantee and Assignor. My commission expires: WITNESS my hand and official seal. Notary Public HIGHLAND DAY CARE CENTER, INC., Assignee and Grantee BC/ �ISY A Lana Cozad, President, P6ssignee and Grantee. The foregoing instrument was acknowledged before me, this )JD day of f}1 v1C , 1996, by Lana Cozad, President, HIGHLAND DAY CARE CENTER, INC. My commission expires: WITNESS my hand and official seal. , . a4, Iciqg �Nota Public ENTZONE.DB 2 of 2 Pages 2490668 B-1546 P-1297 05/13/96 04:38P PG 3 OF 3 Parcel 4 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter ( SE1\4 ) of Section 11 , Township 7 North, Range 66 West of the 6th P.M. , Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89 14' 40" West to the South Quarter (S1\4 ) Corner of said Section 11 , with all other bearings contained herein relative thereto; thence North 89' 14 ' 40" West, along said South line a distance of 601 . 40 feet (previously recorded as N 88' 58 ' 26" West, 600 .96 feet) ; thence' North 02' 00 ' 00" West, a distance of 35 . 42 feet , (previously recorded as 43 .06 feet) to a point on the North Right-of-Way line of Colorado State Highway No. 14 , also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D. and the True Point of Beginning; thence North 89 03 ' 32" West, along said North Right-of-Way line , also being the South line of Tract "A" a distance of 216 . 89 feet; thence leaving said line North 00* 52 ' 00" West, a distance of 167 . 79 feet ; thence North 88' 00 ' 00" East , a distance of 213 . 28 feet, to a point on the East line of Tract "A" , also being a point on the East Line of Ault West P.U.D. ; thence along said East line , South 02 ' 00' 00" East , a distance of 178 . 89 feet , to the True Point of Beginning. Said Tract of land contains 0 . 856 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 existing on said tract of land. Legal Description Prepared by: v A/edf/ "/i 5/77;-1-112 Grant M. Waldo KLH Engineering, Inc . 822 7th Street , Suite 5 Greeley , Colorado 80631 May 2 , 1995 EXHIBIT "A" SPECIAL WARRANTY DEED 8 3 sr THIS DEED is made this / day of January, 1996, between SCX, LIMITED LIABILITY COMPANY,a Colorado Limited Liability Company,whose registered office is located at 905 Tenth Avenue,Greeley,County of Weld, o State of Colorado, Grantor, and the HIGHLAND DAY CARE CENTER, INC., a Colorado Non-Profit Corporation, 0 o• whose legal address is 215 South First Avenue,Ault,County of Weld, State of Colorado,Grantee. WITNESSETH, That the Grantor,for good and valuable consideration,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: N All that real property described in the attached Exhibits A. 0 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 of, in and to the above bargained premises,with the hereditaments and appurtenances; M TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto ,-zto the Grantee, its heirs and assigns forever. The Grantor,for itself, its heirs and personal representatives or successors, o does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises rn in the quiet and peaceable possission of the Grantee, its heirs and assigns, against all and every person or persons a claiming the whole or any part thereof, by,through or under the Grantor. cn IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. Ox o >w SCX,LIMITED LIABILITY COMPANY, co c.) a Colorado Limited Liability Company � ��d,BY: � � Roger Schulz, Manager and Me r 8 STATE OF COLORADO ) 0 b ) ss. COUNTY OF WELD N 3 sr The foregoing instrument was acknowledged before me this3 d y of T 7Jz 1 q T z , 1916 by Roger L. Schulz, Manager and Member, SCX, LIMITED LIABILITY COMPANY,A Colorado Limited Liability Company. Witness my hand and official seal. notary rublic My Commission expires /3 , 1972. Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C.R.S.) Grant M.W aldo KLH Engineering.Inc. 822 7th Street Greeley.Colorado 80631 M:\W PFILES\DEEDS\5 W DHDCC.GJB Parcel 4 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of Section 11 , Township 7 North, Range 66 West of the 6th P.M. , Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89' 14 ' 40" West to the South Quarter (S1\4) Corner of said Section 11 , with all other bearings contained herein relative thereto; thence North 89` 14' 40" West, along said South line a distance of 601 . 40 feet (previously recorded as N 88` 58 ' 26" West, 600 . 96 feet) ; thence North 02' 00' 00" West, a distance of 35 . 42 feet, (previously recorded as 43 .06 feet) to a point on the North Right-of-Way line of Colorado State Highway No . 14 , also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D. and the True Point of Beginning; thence North 89' 03 ' 32" West, along said North Right-of-Way line, also being the South line of Tract "A" a distance of 216. 89 feet; thence leaving said line North 00' 52' 00" West, a distance of 167 . 79 feet; thence North 88' 00 ' 00" East, a distance of 213 . 28 feet, to a point on the East line of Tract "A" , also being a point on the East Line of Ault West P.U.D. ; thence along said East line , South 02` 00' 00" East, a distance of 178 .89 feet , to the True Point of Beginning. Said Tract of land contains 0 .856 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 existing on said tract of land. 0 "' Legal Description Prepared by: Grant M. Waldo KLH Engineering, Inc. 0 822 7th Street, Suite 5 w Greeley, Colorado 80631 May 2 , 1995 rn ro a 411 r=6 0 0 rn EXHIBIT "A" Hello