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HomeMy WebLinkAbout990435.tiff RESOLUTION RE: APPROVE GRAZING LEASE AND AUTHORIZE CHAIR TO SIGN -JACK SCHNEIDER 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 a Grazing Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Jack Schneider, 11981 Weld County Road 74, Eaton, Colorado 80615, commencing May 1, 1999, and ending October 1, 1999, with further terms and conditions being as stated in said lease, and WHEREAS, after review, the Board deems it advisable to approve said lease, 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 Grazing Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Jack Schneider, 11981 Weld County Road 74, Eaton, Colorado 80615, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of March, A.D., 1999. BOARD OF COUNTY COMMISSIONERS 1 V..C D COUNTY, COL RADO ATTEST: I'mfL t - Dale K Ha�Chair; j Weld County Clerk to the.'•ar ?1P - L/ '1961 &_! ` .1/ d f, . arbar J. Kirkmeyer,/Pro-Tem ✓�/ BY: ,.i./' �.I/�A. r� r ,.t ,- Deputy Clerk to the BoS. Ju K1 ` ' y , --/GeorgtE. Baxter R D TO FORM: EXCUSED M. J. Geile� ounty Attorney �' Glenn Vaad -„__ 990435 ec 5cJne ide2- BC0027 GRAZING LEASE THIS LEASE,dated _._February, 1999 , is between Weld County Board of County Commissioners, 915 Tenth Street, Greeley, Colorado 80631 ,the lessor,and Jack Schneider, 11981 Weld County Road 74, Eaton, Colorado 80615 ,the lessee. In consideration of the payment of the rent herein reserved and the keeping and performance of the covenants and agreements by the lessee as set forth herein,the lessor hereby leases unto the lessee for grazing purposes,the following described property situated in the County of Weld and State of Colorado: See attached Exhibit "A" May 1, 1999 Said premises,with all the appurtenances,are leased to the lessee from the date of_ until the date of October 1, 1999 ,at and for the rental for the full term of$ 9.00/unit/month ,the said rent to be paid as follows: ._. Biennially — due the 1st of June and October TIIE LESSEE IN CONSIDERATION OF THE LEASING OF SAID PROPERTY,HEREBY COVENANTS AND AGREES: To pay the rent for said premises as hereinabove provided; To use said premises for grazing and for no other purpose and will not use or permit the same to be used for any unlawful purpose whatsoever; Ti)not sublet said premises or any part thereof or assign this lease without the prior written consent of the lessor; lb keep said property,fences and appurtenances in as good condition and repair as the same now are or may be at any time during said term and to not remove oral low any other person to remove from said premises any of the fences or appurtenances thereon and at the expiration of this lease to surrender and deliver up said premises in like good order and condition,loss by fire,inevitable accident, act of God and ordinary wear and tear excepted; To not commit or cause to be committed any waste in,to or upon said premises or any part thereof; To not cut or damage or allow to be cut or damaged any timber or standing trees that may be upon said premises; IT IS ESPECIALLY AGREED BY AND BETWEEN THE PARTIES hereto that in case the property described herein be sold, this lease may be terminated by the lessor,giving to the lessee 1 month/Written notice of said sale and of the time when such termination is to become effective and if any rent has been paid in advance of the date of such termination,the same is to be refunded; IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties aforesaid,that if the rent reserved,or any part thereof, shall be unpaid on the day the same is due,or if the lessee shall default in any of the covenants or agreements contained herein,it shall and may be lawful for the lessor,at the lessor's election,to declare the term ended and to reenter said premises. If at any time said term shall be ended as aforesaid or in any other way,the lessee covenants and agrees to peaceably surrender and deliver up said premises immediately upon the termination of said term,and if lessee shall remain in possession of the premises after the termination thereof, lessee shall he deemed guilty of forcible detainer of said premises under the statute, and shall be subject to eviction and removal. SHOULD ANY PROVISION of this lease violate any federal, state or local law or ordinance, that provision shall be deemed amended to so comply with such law or ordinance,and shall be construed in a manner so as to comply. This lease shall be binding on the parties,their personal representatives,successors and assigns. When used herein, the singular shall include the plural,and the use of any gender shall apply to both genders. This lease will automatically renew annually unless lessor notifies lessee by December 1 of the preceeding year. Lessee will be responsible for care and maintenance of fences and lessor will be responsible for control of noxious weeds on premises. ld County Board f Commissioners Da-1 a K. Hall .ersoast (03/08/99) C, Lessee()) — 1 No.751.Rev.12--88. GRAZING LEASE Bradford Publishing,1743 Wazee St.,Denver,Co 80202—(303)292-2500— .96 990435 LEGAL DESCRIPTION A parcel of land being part of the E1/2 of Section 33 , Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Beginning at the East Quarter corner of said Section 33 and assuming the East line of the SE1/4 of said Section 33 as bearing South 00 degrees 06 minutes 03 seconds West, as determined by GPS observation, a distance of 2691. 25 feet with all other bearings contained herein relative thereto; thence South 00 degrees 06 minutes 03 seconds West along said East line a distance of 1285.58 feet; thence North 65 degrees 36 minutes 33 seconds West a distance of 198.82 feet; thence North 83 degrees 48 minutes 20 seconds West a distance of 63 .87 feet; thence South 73 degrees 18 minutes 50 seconds West a distance of 110.57 feet; thence South 68 degrees 29 minutes 41 seconds West a distance of 168 . 01 feet; thence South 84 degrees 32 minutes 09 seconds West a distance of 48 .92 feet; thence South 74 degrees 31 minutes 55 seconds West a distance of 208 .77 feet; thence South 85 degrees 36 minutes 23 seconds West a distance of 58.54 feet to the North line of the SE1/4 of the SE1/4 of said Section 33; thence South 89 degrees 21 minutes 31 seconds West along the North line of said SE1/4SE1/4 a distance of 125. 87 feet to the Northwest corner of the parcel of land as recorded in Book 87 at Page 119 of the records of the Weld County Clerk and Recorder (WCCR) ; thence along the Northwesterly and Westerly line of the aforesaid parcel of land by the following 6 courses and distances: thence South 46 degrees 25 minutes 35 seconds West a distance of 85. 07 feet; thence South 21 degrees 24 minutes 29 seconds West a distance of 130. 91 feet; thence South 34 degrees 43 minutes 52 seconds West a distance of 99 . 83 feet; thence South 50 degrees 44 minutes 52 seconds West a distance of 28. 54 feet; thence South 64 degrees 12 minutes 59 seconds West a distance of 132 . 69 feet; thence South 34 degrees 21 minutes 14 seconds West a distance of 129. 28 feet to the West line of said SE1/4SE1/4 ; thence South 00 degrees 06 minutes 31 seconds West along said West line a distance of 31.88 feet; thence South 47 degrees 02 minutes 14 seconds West a distance of 81.43 feet; thence South 81 degrees 09 minutes 48 seconds West a distance of 105. 54 feet; thence North 89 degrees 03 minutes 07 seconds West a distance of 98 . 91 feet; thence South 82 degrees 31 minutes 43 seconds West a distance of 81. 73 feet; thence South 79 degrees 50 minutes 56 seconds West a distance of 55. 39 feet; thence North 79 degrees 26 minutes 57 seconds West a distance of 151.29 feet; thence South 88 degrees 43 minutes 45 seconds West a distance of 93 . 89 feet; thence North 86 degrees 13 minutes 45 seconds West a distance of 109. 82 feet; thence North 57 degrees 59 minutes 06 seconds West a distance of 35.88 feet; thence North 43 degrees 52 minutes 48 seconds West a distance of 43 . 07 feet; thence North 27 degrees 36 minutes 46 seconds West a distance of 168 . 18 feet; thence North 35 degrees 14 minutes 45 seconds West a distance of 48 . 61 feet; thence North 49 degrees 48 minutes 52 seconds West a distance of 84 . 62 feet; thence North 52 degrees 53 minutes 31 seconds West a distance of 59. 95 feet; thence North 51 degrees 49 minutes 36 seconds West a distance of 127. 58 feet; thence North 41 degrees 14 minutes 47 seconds West a distance of 70.71 feet; thence North 49 degrees 26 minutes 50 seconds West a distance of 38. 60 feet; thence North 75 degrees 53 minutes 29 seconds West a distance of 118 . 00 feet to the West line of said SE1/4; thence North 00 degrees 06 minutes 59 seconds East along said West line a distance of 1340. 18 feet to the Center Quarter Corner; thence continuing North 00 degrees 06 minutes 59 seconds East along the West line of the SW1/4 of the NE1/4 of said Section 33 a distance of 949.70 feet to the Southwest corner of that parcel of land as recorded November 17, 1929 in Book 861 at Page 245 of the records of the WCCR; thence along the Southerly line of the aforesaid parcel of land by the following 7 courses and distances: thence South 86 degrees 22 minutes 46 seconds East a distance of 372 . 00 feet; thence South 62 degrees 36 minutes 46 seconds East a distance of 325. 00 feet; thence South 81 degrees 32 minutes 46 seconds East a distance of 160. 00 feet; thence North 68 degrees 22 minutes 14 seconds East a distance of 208. 00 feet; thence North 42 degrees 07 minutes 14 seconds East a distance of 112 . 00 feet; thence North 27 degrees 37 minutes 14 seconds East a distance of 280. 00 feet; thence North 51 degrees 42 minutes 14 seconds East a distance of 133 . 63 feet to the East line of said SW1/4NE1/4 : thence South 00 degrees 07 minutes 08 seconds West along said East line a distance of 22 . 15 feet; thence North 45 degrees 41 minutes 18 seconds East a distance of 23 . 67 feet; thence North 63 degrees 50 minutes 04 seconds East a distance of 160. 13 feet; thence North 89 degrees 27 minutes 09 seconds East a distance of 111.78 feet; thence South 69 degrees 10 minutes 57 seconds East a distance of 100. 49 feet; thence South 82 degrees 35 minutes 30 seconds East a distance of 137 . 65 feet; thence South 68 degrees 11 minutes 03 seconds East a distance of 165 . 91 feet; thence South 28 degrees 52 minutes 32 seconds East a distance of 43 . 94 feet; thence South 00 degrees 01 minutes 09 seconds West a distance of 64 . 33 feet; thence South 13 degrees 38 minutes 37 seconds West a distance of 324 .59 feet; thence South 19 degrees 34 minutes 19 seconds West a distance of 161. 03 feet; thence South 50 degrees 43 minutes 54 seconds West a distance of 131.36 feet; thence South 13 degrees 02 minutes 26 seconds West a distance of 216.42 feet; thence South 03 degrees 58 minutes 35 seconds West a distance of 72 . 67 feet; thence South 53 degrees 47 minutes 20 seconds East a distance of 186. 22 feet; thence South 48 degrees 59 minutes 56 seconds East a distance of 99 .79 feet; thence South 70 degrees 38 minutes 59 seconds East a distance of 83 . 64 feet; thence North 76 degrees 48 minutes 39 seconds East a distance of 63 .20 feet; thence North 37 degrees 38 minutes 04 seconds East a distance of 75 . 14 feet; thence North 43 degrees 25 minutes 09 seconds East a distance of 135.70 feet; thence North 27 degrees 34 minutes 07 seconds East a distance of 164 . 81 feet; thence North 39 degrees 43 minutes 50 seconds East a distance of 35. 09 feet; thence North 43 degrees 58 minutes 58 seconds East a distance of 170. 63 feet; thence North 63 degrees 44 minutes 07 seconds East a distance of 63 . 90 feet; thence South 54 degrees 56 minutes 20 seconds East a distance of 51. 90 feet to the Westerly line of that parcel of land as recorded October 29, 1196 in Book 1574 as Reception No. 2517822 of the records of the WCCR; thence along the Westerly, Southerly, and Easterly line of the aforesaid parcel of land by the following 6 courses and distances: thence South 00 degrees 05 minutes 31 seconds West a distance of 324 . 98 feet; thence South 07 degrees 30 minutes 06 seconds East a distance of 413 . 30 feet; thence South 00 degrees 05 minutes 51 seconds West a distance of 254. 59 feet; thence North 89 degrees 37 minutes 26 seconds East a distance of 20. 12 feet to the Westerly right-of-way line of Weld County Road No. 31, also being the Westerly right-of-way line of 59th Avenue; thence along said Westerly right-of-way lines by the following 2 courses and distances; thence North 00 degrees 06 minutes 03 seconds East a distance of 502 . 42 feet; thence North 00 degrees 07 minutes 18 seconds East a distance of 433 . 60 feet; thence South 63 degrees 37 minutes 04 seconds East a distance of 33 . 45 feet to the East line of the SE1/4 of the NE1/4 of said Section 33 ; thence South 00 degrees 07 minutes 18 seconds West along the East line of said SE1/4NE1/4 a distance of 418 . 79 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed to Union Colony of Colorado by deed recorded in Book 87 at Page 119 . ALSO EXCEPTING THEREFROM a parcel of land conveyed to City of Greeley by deed recorded October 29, 1996 in Book 1574 as Reception No. 2517822. ALSO EXCEPTING THEREFROM a parcel of land conveyed by deed recorded in Book 163 at Page 486. Name and address of person creating newly created legal description (38-35-106.5, C.R. S. ) King Surveyors, Inc. 9299 Eastman Park Drive Windsor, CO 80550 "EXHIBIT A" LEGAL DESCRIPTION Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Northeast corner of said SE1/4NE1/4 and assuming the East line of said SE1/4NE1/4 as bearing South 00 degrees 07 minutes 18 seconds West, as determined by GPS observation, a distance of 1363 . 96 feet with all other bearings contained herein relative thereto; thence South 88 degrees 49 minutes 14 seconds West along the North line of said SE1/4NE1/4 to the Northwest corner of that parcel of land as recorded October 29, 1996 in Book 1574 as Reception No. 2517822 of the records of the Weld County Clerk and Recorder (WCCR) . Said point being the True Point of Beginning: thence along the Westerly line of the aforesaid parcel of land by the following 4 courses and distances: thence South 00 degrees 07 minutes 06 seconds West a distance of 199 . 62 feet; thence South 04 degrees 39 minutes 52 seconds West a distance of 378 . 49 feet; thence North 89 degrees 52 minutes 54 seconds West a distance of 25. 00 feet; thence South 00 degrees 05 minutes 31 seconds West a distance of 299.28 feet; thence North 54 degrees 56 minutes 20 seconds West a distance of 51.90 feet; thence South 63 degrees 44 minutes 07 seconds West a distance of 63 .90 feet; thence South 43 degrees 58 minutes 52 seconds West a distance of 170. 63 feet; thence South 39 degrees 43 minutes 50 seconds West a distance of 35. 09 feet; thence South 27 degrees 34 minutes 07 seconds West a distance of 164 . 81 feet; thence South 43 degrees 25 minutes 09 seconds West a distance of 135.70 feet; thence South 37 degrees 38 minutes 04 seconds West a distance of 75. 14 feet; thence South 76 degrees 48 minutes 39 seconds West a distance of 63 . 20 feet; thence North 70 degrees 38 minutes 59 seconds West a distance of 83 . 64 feet; thence North 48 degrees 59 minutes 56 seconds West a distance of 99 .79 feet; thence North 53 degrees 47 minutes 20 seconds West a distance of 186. 22 feet; thence North 03 degrees 58 minutes 35 seconds East a distance of 72 . 67 feet; thence North 13 degrees 02 minutes 26 seconds East a distance of 216. 42 feet; thence North 50 degrees 43 minutes 54 seconds East a distance of 131.36 feet; thence North 19 degrees 34 minutes 19 seconds East a distance of 161. 03 feet; thence North 13 degrees 38 minutes 37 seconds East a distance of 324 . 59 feet; thence North 00 degrees 01 minutes 09 seconds East a distance of 64 . 33 feet; thence North 28 degrees 52 minutes 32 seconds West a distance of 43 .94 feet; thence North 68 degrees 11 minutes 03 seconds West a distance of 165.91 feet; thence North 82 degrees 35 minutes 30 seconds West a distance of 137 . 65 feet; thence North 69 degrees 10 minutes 57 seconds West a distance of 100.49 feet; thence South 89 degrees 27 minutes 09 seconds West a distance of 111.78 feet; thence South 63 degrees 50 minutes 04 seconds West a distance of 160. 13 feet; thence South 45 degrees 41 minutes 18 seconds West a distance of 23 . 67 feet to the West line of said SE1/4NE1/4 ; thence North 00 degrees 07 minutes 08 seconds East along said West line a distance of 150. 20 feet to the Northwest corner of said SE1/4NE1/4 ; thence North 88 degrees 49 minutes 14 seconds East along the North line of said SE1/4NE1/4 a distance of 1270 .75 feet to the True Point of Beginning. PARCEL 2 : A parcel of land being part of the SE1/4 of the NE1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Northeast corner of said SE1/4NE1/4 and assuming the East line of said SE1/4NE1/4 as bearing South 00 degrees 07 minutes 18 seconds West, as determined by GPS observation, a distance of 1363 . 96 feet with all other bearings contained herein relative thereto: thence South 00 degrees 07 minutes 18 seconds West along said East line a distance of 945. 17 feet; thence North 63 degrees 37 minutes 04 seconds West a distance of 33 .45 feet to the Westerly right-of-way line of Weld County Road No. 31, also being 59th Avenue, and being on the Easterly line of the parcel of land as recorded October 29, 1996 in Book 1574 as Reception No. 2517822 of the records of the Weld County Clerk and Recorder; thence North 00 degrees 07 minutes 18 seconds East along the Westerly line of the aforesaid right-of-way lines and also being the Easterly line of the aforesaid parcel of land a distance of 929 . 69 feet to the Northeast corner of the aforesaid parcel of land and being the North line of said SE1/4NE1/4 ; thence North 88 degrees 49 minutes 14 seconds East along said North line a distance of 30. 01 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed to Union Colony of Colorado by deed recorded in Book 87 at Page 119 . ALSO EXCEPTING THEREFROM a parcel of land conveyed to City of Greeley by deed recorded October 29, 1996 in Book 1574 as Reception 2517822 . Name and address of person creating newly created legal description (38-35-106.5, C.R.S. ) King Surveyors, Inc. 9299 Eastman Park Drive Windsor, CO 80550 a distance of 150.20 feet to the Northwest corner of said SE1/4NE1/4 ; thence North 88 degrees 49 minutes 14 seconds East along the North line of said SE1/4NE1/4 a distance of 1270. 75 feet to the True Point of Beginning. PARCEL 2 : A parcel of land being part of the SE1/4 of the NE1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Northeast corner of said SE1/4NE1/4 and assuming the East line of said SE1/4NE1/4 as bearing South 00 degrees 07 minutes 18 seconds West, as determined by GPS observation, a distance of 1363 . 96 feet with all other bearings contained herein relative thereto: thence South 00 degrees 07 minutes 18 seconds West along said East line a distance of 945. 17 feet; thence North 63 degrees 37 minutes 04 seconds West a distance of 33 .45 feet to the Westerly right-of-way line of Weld County Road No. 31, also being 59th Avenue, and being on the Easterly line of the parcel of land as recorded October 29, 1996 in Book 1574 as Reception No. 2517822 of the records of the Weld County Clerk and Recorder; thence North 00 degrees 07 minutes 18 seconds East along the Westerly line of the aforesaid right-of-way lines and also being the Easterly line of the aforesaid parcel of land a distance of 929 . 69 feet to the Northeast corner of the aforesaid parcel of land and being the North line of said SE1/4NE1/4 ; thence North 88 degrees 49 minutes 14 seconds East along said North line a distance of 30.01 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed to Union Colony of Colorado by deed recorded in Book 87 at Page 119 . ALSO EXCEPTING THEREFROM a parcel of land conveyed to City of Greeley by deed recorded October 29, 1996 in Book 1574 as Reception 2517822 . Name and address of person creating newly created legal description (38-35-106.5, C.R.S. ) King Surveyors, Inc. 9299 Eastman Park Drive Windsor, CO 80550 Hello