HomeMy WebLinkAbout952524.tiffRESOLUTION
RE: APPROVE AGREEMENT AND QUIT CLAIM DEED WITH LYLE'S CONSTRUCTION
COMPANY, INC., AND AUTHORIZE CHAIRMAN TO SIGN
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 and Quit Claim Deed between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Lyle's Construction Company, Inc., with terms and conditions being as stated in said
agreement and deed, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and deed,
copies of 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 Agreement and Quit Claim Deed between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Lyle's
Construction Company, Inc., be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement and deed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of December, A.D., 1995.
APP
AS TO FOR
ATT,F�T:.•
Weld C%unty«Clerk to the Board
the Board
W. H. Webster
Let Ctf Tim;Ly/�',
A /1 1.
arbar J. Kirkmeyer, �Tem i
BOARD OF COUNTY COMMISSIONERS
OUNTY.COL ORADO
George : Baxter
Fxr.tlsFn
Constance L. Harbert
952524
PR0012
AGREEMENT BETWEEN LYLE'S CONSTRUCTION COMPANY
AN24.7i r j7 AND THE COUNTY OF WELD
THIS AGREEMENT is made and entered into on this , 7/' day of Lcorther ,
1995 by and between Lyle's Construction Company, whose address is P.O. Box 70, Lafayette,
Colorado 80026, by and through the County of Weld whose address is 915 10th Street, Greeley,
Colorado 80631.
WITNESSETH:
WHEREAS, a wood building, being approximately 2,800 square feet in size and located
on the southern portion of the Union Pacific Railroad Right -of -Way, in the SW4 NW4 of Section
5, T1N, R66W of the 6th P.M., Weld County, Colorado, was deeded to the County of Weld on
November 21, 1983, by Weld County Treasurer's Deed recorded in the Office of the Weld
County Clerk and Recorder at Book 1013, Reception No. 01947600 (hereinafter referred to as
the "wood building"), and
WHEREAS, since November 21, 1993, said wood building has mistakenly been occupied
and/or leased to others by Lyle's Construction Company, Inc. (hereinafter referred to as
"Lyle's"), and
WHEREAS, the Weld County Treasurer's Office recently discovered that the wood
building is, in fact, owned by Weld County; not Lyle's, and
WHEREAS, Lyle's originally purchased the wood building and another metal building
(located on the same property leased from the Union Pacific Railroad Co.) from Donald K.
Penfold, by agreement dated December 21, 1977, and
WHEREAS, both buildings were, at the time of said purchase, the subject of Tax Sale
Certificates held by County, and
WHEREAS, Lyle's redeemed the Tax Sale Certificate on the metal building and received
Redemption Certificate No. 715, but at the time believed that it was redeeming on both
buildings, thereby being under the mistaken impression that Lyle's had the right to occupy and
lease out the wood building, and
WHEREAS, the parties now desire to resolve the mistaken understanding regarding true
ownership of the wood building by entering into this Agreement.
NOW, THEREFORE, in consideration that mutual promises and covenants contained
herein, the parties hereto agree as follows:
Page 1 of 2 Pages
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Weld County CO Clerk & Recorder 0.00
952524
1. Lyle's Construction Company agrees to pay the sum of $2,895.47 to County.
Said amount represents the entire amount of taxes for said wood building for the
years 1977 to 1995, and County, through its Treasurer's Office, shall consider the
property taxes for such years to be paid in full for Parcel Number 147105200006.
2. County agrees to quit claim deed the wood building to Lyle's.
3. The parties hereto agree that this Agreement is a fair and equitable resolution of
any dispute of ownership between them regarding the wood building and is done
to avoid litigation. The County hereby waives and releases Lyle's from any claim
County may have for rental income for the wood building for the years from 1983
to the date of the quit claim deed. Lyle's hereby waives and releases County from
any claim Lyle's may have for rent to sublease the railroad right-of-way for the
continued placement of the wood building thereon for the years 1983 to the date
of the quit claim deed.
ATTEST:
SIGNED this a7# day of
. amber , 1995.
WELD COUNTY, COLORADO, A
POLITICAL SUBDIVISION OF THE
STATE OF COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF
WEL
Dale K. Hall, Chairman
LYLE'S CONSTRUCTION COMPANY,
INC.
, Secretary / BY:
Picraux, President
2471137 8-1526 P-543 01/09/96 04:34P PG 2 OF 3
Page 2 of 2 Pages
952524
TAXES ON 825 FIRST STREET -- FORT LUPTON
PIN# 6100686 PARCEL# 1471-05-2-00-006
YEAR TAXES
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
$120.95
110.16
123.29
124.80
114.66
118.63
152.39
152.39
152.39
152.39
152.39
165.81
178.91
183.90
188.83
185.20
184.78
166.80
166.80
TOTAL $2,895.47
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952524
RW24711J5
QUIT CLAIM DEED
THIS DEED is made this _,-27/ti day of v !" � �� cr . 19'72. between Weld County
Colorado, a political subdivision of the State of Colorado. whose address is 915 10th Street, Greeley.
Colorao 80631. of the first part, and Lyle's Construction Company, Inc.. whose address is P. O. Box
70, Lafayette, Colorado 80026, of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of the sum of
52,895.47, and other good and valuable consideration, to the said party of the first 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:
A wood building, being approximately 2,800 square feet in size and located on the
southern portion of the Union Pacific Railroad Right -Of -Way. in the SW4 NW4 of
Section 5, TIN, R66W of the 6th P.M., Weld County, Colorado. Said wood
building is designated as Parcel Number 147105200006 in the Office of the Weld
County Treasurer and has a street address of 825 First Street, Fort Lupton. Colorado
80621.
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, its 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.
ATTEST:
CLERK TO T:P`fneA OF
COUNTY' '.;fit; RS
I,
BY:
-Deputy Cler to d e Bo
STATE OF COLORADO )
) ss.
County of Weld )
COUNTY OF WELD, STATE OF
COLORADO, A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO
BY.
Dale K. Hall, Chairman, Board of
County Commissioners of the County
of Weld
The �foregoing instrument was acknowledged before me this 22_6 day of
Alit 'Q.-Yi'1.,�1.PitJ , 19 95, by Dale K. Hall, as Chairman of the Board of County
Commissioners of the County of Weld, a political subdivision of the State of Colorado.
Witn ss• c.band and official seal this / day of 6J A.D., 19 95 .
My cagtmiSsion expires:
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Weld County CO Clerk & Recorder 0.00
952524
#4**;
Wi�Yc
TO: Board of County Commissioners
FROM: Bruce T. Barker, County Attorney
DATE: December 21, 1995
COLORADO RE:
Deed for Conveyance of Wood Building to Lyle's
Construction Company, Inc.
Weld County is the owner of a wood building located on the Union Pacific Railroad right-of-way
in Fort Lupton, Colorado, with an address of 825 1st Street. A copy of the Commercial Property
Record Card from the Assessor's Office regarding this building is attached.
The building was transferred by Treasurers Deed to Weld County on December 16, 1983. The
transfer was pursuant to a Tax Sale Certificate held by Weld County for taxes due on the
property from 1977 to 1983. The original tax sale occurred in 1978 for the 1977 taxes.
Since 1977, Lyle's Construction Company, Inc., has either occupied the building or leased the
building to others. For some unknown reason, Weld County never realized that the building was
owned by Weld County and that Lyle's Construction Company was incorrectly exercising
control over the building. Roland Froid of the Assessor's office discovered the discrepancy in
November, 1995.
I spoke with Lyle Picraux regarding the discrepancy approximately three weeks ago. He claims
that in November, 1983, he came to the Treasurer's Office to redeem the taxes on two buildings
located on the railroad right-of-way. The first was a metal building and the second was the wood
building which is the subject of this Memorandum. At the time, both Tax Sale Certificates were
held by Weld County. He paid the sum of $2,929.30. Picraux states that it was his
understanding that the amount was for redemption on both buildings. He says that this
understanding was further solidified when he continued to occupy and lease out the building for
12 years without the County objecting. Approximately a year ago he added about $4,000 worth
of improvements to the loading dock on the west side of the building.
The total value of the wood building is less than $10,000.
cb2t24
Deed for Conveyance of Wood Building to Lyle's Contrcution Company, Inc.
December 21, 1995
Page 2.
Attached is an Agreement wherein Mr. Picraux has agreed to pay the sum of $2,895.47 to bring
the taxes up-to-date. The taxes are for 1977 through 1995. In exchange for doing this, Weld
County will then transfer ownership to Lyle's Construction Company by Quit Claim Deed.
I recommend that the Board of County Commissioners enter into the attached Agreement and
authorize the Chairman's signature on the attached Quit Claim Deed.
Brucv'i'. Barker
Weld County Attorney
Attachment
pc Roland Froid
Joyce Miller
Don Warden
952524
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