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Home My WebLink About970627.tiffRESOLUTION RE: APPROVE AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF PROPERTY WITH COLORADO DEPARTMENT OF HUMAN SERVICES AND AUTHORIZE CHAIR 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 Amendment to Intergovernmental Agreement for Transfer of Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Human Services, with terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to Intergovernmental Agreement for Transfer of Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Human Services be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of April, A.D., 1997. BOARD OF COUNTY COMMISSIONERS my Clerk to the Board eputy Clerk : the Board cunt Attor y RM: de: Fl; C/ ; sr WELD COUNTY, COLORADO Dale K. Hall Barbara J. Kirkmeyer W. H. ebster 970627 PR0014 AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF PROPERTY THIS AMENDMENT TO INTERGOVERNMENTAL AGREEMENT is made and entered into this OW day of Lint WA. , 1997, 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 referred 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, on February 14, 1996, the County and the State entered into an Intergovernmental Agreement for Transfer of Property which was recorded in the Office of the Weld County Clerk and Recorder on March 5, 1996, at Book 1535, Reception Number 2479378, and WHEREAS, Paragraph 1.C. of said Intergovernmental Agreement refers to the classification of youths who will be held at the Juvenile Detention and Commitment Facility ("the Facility"), and WHEREAS, said Paragraph 1.C. includes a clause which states that the Facility will " .. . 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"; however, reference to the 17th Judicial District in said clause was in error and the parties now wish to correct said erroneous reference. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend Paragraph 1.C. of the Intergovernmental Agreement for Transfer of Property which was executed by the parties February 14, 1996 and recorded in the Office of the Weld County Clerk and Recorder on March 5, 1996, at Book 1535, Reception Number 2479378, by replacing it with the following language: 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: 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, 19th, and 20th Judicial Districts. 1 2542222 B-1600 P-363 04/09/1997 02:30P PG 1 OF 2 REC Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 DOC 970627 ATTEST: Amendment to Weld County Land Contract The above stated restrictions shall be clearly set forth or referred to 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 for the purpose the State to cure any alledged breach of any of said restrictions. Notice shall be through personal service upon the Colorado Attorney General and the Director of the Department of Human Services. ALL OTHER PROVISIONS set forth in said Intergovernmental Agreement shall remain as they are stated therein, including, but not limited to, Paragraphs 1.A. and 1.B. S_f l� Signed this day of ' / (il/ct°h , 1997. COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD A /t Geor e Baxter, Chair 64/0.,Vg DEPARTMENT OF HUMAN SERVICES, STATE OF COLORADO BY:BY: Delsa Demlow, Executive Assistant Barbara McDonnell, Executive Director APPROVAL AS TO FORM: BRUCE T. BARKER, TTORNEY GAIL NORTON, ATTORNEY GENERAL FOR THE STATE OF COLORADO BY: 6� l/��;G7/%�1�t�/ 2 PHOMAS PARCHMAN, Assistant Attorney General, Human Resources 2542222 B-1600 P-363 04/09/1997 02:30P PG 2 OF 2 9'70627 yo9 5#d?4�j2 3-180 P-603 g4i11�,1997 09:49 p REC Gle ounty JA u i su amoto Clerk & Recorder 0,00 DOC SPECIAL WARRANTY DEED THIS DEED, made this e2 day of April, 1997, 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 for Transfer of Property between the Grantor and Grantee, dated February 14, 1996, and recorded at Book 1535, Reception Number AR2479378, and the Amendment to said Intergovernmental Agreement, dated April 2, 1997, and recorded at Book 1600, Reception Number 2542222 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. AT ST: COUNTY OF WELD, a political subdivision of the STATE OF COLORADO STA DO ) ) ss. COUNTY OF WELD -71 4eorge E!Baxter, Chairman, Board of County Commissioners of the County of Weld The foregoing instrument was acknowledged before me this ,2: day of (,tom 1997, by George E. Baxter, as Chairman of the Board of County Commissioners 45f the County of Weld. Witness my hand and official seal. My commission expires: M:\ W PFILES\DEEDS\HUMAN2. BTB Notary.Pu, MY SS • •_ 970627 N.1\4 COR. SEC. 31 NW. COR. SEC. 31, T.6N., R.65W. 564.07' 30.00' R.O.W. N O m 95012\EXHIBIT T.6N., R.65W. N 89'34'39" W 2,820.36' NORTHWEST CORNER S 89'34'39" E 475.83' �/ 1,780.46' TRACT "A" WELD COUNTY 50.00' R.O.W. BUSINESS PARK P.U.D. _'2 N 20' UTILITY EASEMENT TO BE VACATED 10' TELEPHONE/ EASEMENT 60' UTILITY EASEMENT T0� BE VACATED N 89'35'52" W 462.00' FUTURE 60.00' ,..-71--79 UTILITY EASEMENT S 00'25'21" W 595.22' \ 10' UTILITY EASEMENT J �r SCALE: " = 100' \N\ SOUTHWEST CORNER TRACT "A" WELD COUNTY BUSINESS PARK P.U.D. S 89'35'52" E 2,247.08' LEGAL DESCRIPTION A port of Tract "A" Weld County Business Pork P.U.D. o 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 stomped KLH—NUL Engineering L.S. 3970 on a 2 3\4" pipe in a monument box, and considering the North line 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" rebor 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, o 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. KLH ENGINEERING GROUP GREELEY, COLORADO (970)351-0550 Tuesday, September 5, 1995, 10:09am WELD COUNTY BUSINESS PARK STATE YOUTH DETENTION FACILITY PROPERTY EXHIBIT 2542462 B-1600 P-603 04/11/1997 09:48A PG 2 OF 2 EXH11d1'P "A" 970627 GALE A. NORTON Attorney General MARTHA PHILLIPS ALLBRIGHT Chief Deputy Attorney General RICHARD A. WESTFALL Solicitor General STATE OF COLORADO DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL March 11, 1997 Bruce Barker, Esq. Weld County Attorney's Office 915 19th Street Greeley, CO 80632 RE: Amended Agreement Language Dear Mr. Barker: STATE SERVICES BUILDING 1525 Sherman Street - 5th Floor Denver, Colorado 80203 Phone (303) 866-4500 FAX (303) 866-5691 MAR 1 3 1997 ELD COUNTY ATTORNEY'S OFFICE On behalf of Tom Parchman, I am sending the enclosed document as per your request. If you have any questions regarding the document, please call Tom Parchman at (303) 866 5660. Enclosure AG File: P:\ss\sswaitcz\parchman\barker.ltr Sincerely, ist e Ser (303) 866-5660 AIT Assistant II Section 970627 Hello