HomeMy WebLinkAbout950144.tiff RESOLUTION
RE: APPROVE SPECIAL WARRANTY DEED TO ISLAND GROVE TREATMENT CENTER
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 a Special Warranty Deed from the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
to Island Grove Treatment Center, 1516 Eleventh Avenue, Greeley, Colorado 80631, for real
property described in Exhibit A to said deed, with terms and conditions being as stated in said
deed, and
WHEREAS, after review, the Board deems it advisable to approve said deed, 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 Special Warranty Deed from the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, to Island Grove Treatment
Center be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said deed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of February, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
,J WELD COUNTY, C LORADO
ATTEST: %' jeckiet,
�I. I ' Dale K. Hall, Chairman
Weld County Clerk to the Board yJ
JC(.L44(.dill. ` � /ft;. G,.
Barba J. Kirkmey o-Teti
BY: ( -c
puty Clerk to the Board
George Baxter
APP AS TO FORM: ��� � z /G'� .Gec0e;
Constance L. Harbert
ounty Attorney � - /�t '7\
W. H. ebster
950144
PR0012
o'clock M.,
OM 42 MU 3 Recorder.
SPECIAL WARRANTY DEED
County of Weld, a body corporate and politic of the state of Colorado, whose address
is 915 Tenth Street, Greeley, Colorado, County of Weld and State of Colorado, for the
consideration of Four Hundred Twenty-Five Thousand Dollars ($425, 000) , in hand paid,
hereby sell (s) and convey(s) to Island Grove Treatment Center, whose legal address is
1516 Eleventh Avenue, Greeley, Colorado 80631, County of Weld and State of Colorado,
the following real property in the County of Weld, and State of Colorado, to wit:
The real property described in the attached Exhibit A .
also known as street and number 1140 M Street with all its appurtenances and
warrant (s) the title against all persons claiming under Weld County.
Signed and delivered thish% 1st day of February , 19 95 .
ATTEST: i �,/ �/14/ County of Weld, a body corporate and
► i / i �� " � politic of the State of Colorado
By: 5S I I�l �y[ BY: 1r.'
Deputy Cle to the Board Dale K. Harman
02/06/95
Board of County Commissioners
of the County of Weld, Colorado
STATE,OF COLORADO )
•
ss.
COUNTY OF WELD )
' The. kfe.a4 ding instrument was acknowledged before me this 1st day of
February ,, , 19 95 , by Dale K. Hall, Chairman, Board of County Commissioners
of the County,-.Of Weld.
My Commission expires / — J , 19 q g' . Witness my hand and
official seal.
Notary
Name and Address of Person Creating Newly
Created Legal Description (3 38-35-106.5, C.R.S.)
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agree/island.gjbWeld County CO Clerk & Recorder 0.00
1ou 144
AR2430175 2430175 B-1483 P-452 03/15/95 04: 10P PG 1 OF 3 REC DOC
Weld County CO Clerk & Recorder 0.00
PROMISSORY NOTE WITH PROVISION FOR FORGIVENESS
Total Amount of Greeley, Colorado
Note Stated in Mare in /cr3 , 1995
Attached Exhibit "B"
The undersigned, Island Grove Treatment Center, hereinafter referred to as "Maker", hereby
promises to pay to the order of the County of Weld, State of Colorado, that sum stated in the
attached Exhibit "B" for the year in which repayment is sought, to be repaid only if: 1) the Maker
fails to perform any of the obligations, covenants, or terms of the Memorandum of Understanding
between the Maker and the County of Weld, State of Colorado, dated May 2, 1994 and/or 2) the
Maker should discontinue the use of the building for the operation of residential and detoxification
programs serving Weld County residents without consent in writing by the County of Weld.
The County of Weld, State of Colorado, has made a deferred loan to the Maker in the sum of
$425,000, with a declining balance as shown in the attached Exhibit "B". The Maker acknowledges
that such deferred loan constitutes sufficient and adequate consideration for this Note. This Note
is non-interest bearing.
The indebtedness evidenced by this Note is secured by a Deed of Trust dated ma pay /5
1995 and, until released, said Deed of Trust contains additional rights of the Noteholder. The real
estate subject to this Note and the Deed of Trust securing it is identified as follows:
The real property described in the attached Exhibit "A".
Done,this.% day of (-fin n r ti , 1995.
T T ISLAND GROVE TREATMENT CENTER,
° JG1 Maker
Sxi I By: i C67 � �G?fty�
The foregoing instrument was acknowledged before me this /5Aday of mapa'I _.
1995, by r , u%e1! flit Son whose title is Trr5idpu'tt cf
ISLAND GROVE TREATMENT CENTER, Maker. it/ C 1
= J: YS ate '
Witness my hand and official seal. = 0
o% -EJN
Notary ublic
My commission expires: "`,
950144
EXHIBIT "A"
2430175 8-1483 P-452 03/15/95 04: 10P PG 2 OF 3
A part of Tract "C" 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 Northeast Corner of Section 31, Township 6 North, Range 65 West of the 6th
Principal Meridian, and considering the East line of the Northeast Quarter (NE 1/4) to bear South
00-00'00" West, with all bearings contained herein being relative thereto; thence South 00'00'00"
West along the East line of the Northeast Quarter (NE 1/4), a distance of 850.00 feet to the
Centerline of"M" Street;thence North 90°00'00" West along the Centerline of"M" Street, a distance
of 80.00 feet; thence along a curve to the left having a radius of 500.00 feet, a central angle of
33'00'00" an arc distance of 287.98 feet, the long chord of which bears South 73'30'00" West, a
distance of 284.02 feet; thence South 57'00'00" West, a distance of 80.00 feet; thence leaving the
Centerline of "M" Street South 33°00'00" East, a distance of 40.00 feet to a point on the South
right-of-way line of"M" Street, also being the True Point of Beginning; thence South 33°00'00"
East, a distance of 330.33 feet;thence South 57'00'00" West, a distance of 196.52 feet;thence North
89°55'16" West, a distance of 67.68 feet; thence South 66°01'04" West, a distance of 77.68 feet to
a point on a curve also being the East right-of-way line of"H" Street; thence along said curve to the
left having a radius of 804.75 feet, a central angle of 09°01'05" an arc distance of 126.66 feet, the
long chord of which bears North 28°29'28" West, a distance of 126.53 feet; thence continuing on
the East right-of-way line of"H" Street North 33°00'00" West, a distance of 125.08 feet; thence
along a curve to the right having a radius of 30.00 feet, a central angle of 90'00'00" an arc distance
of 47.12 feet, the long chord of which bears North 12°00'00" East, a distance of 42.43 feet to a point
on the South right-of-way line of"M" Street;thence North 57°00'00" East along the South right-of-
way line of"M" Street, a distance of 290.00 feet to the True Point of Beginning.
Said parcel of land contains 2.343 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 exists on said parcel of land.
2430176 B-1483 P-453 03/15/95 04:10P PG 2 OF 2
EXHIBIT "A"
A part of Tract "C" 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 Northeast Corner of Section 31, Township 6 North, Range 65 West of the 6th
Principal Meridian, and considering the East line of the Northeast Quarter (NE 1/4)to bear South
00°00'00" West, with all bearings contained herein being relative thereto; thence South 00°00'00"
West along the East line of the Northeast Quarter (NE 1/4), a distance of 850.00 feet to the
Centerline of"M" Street;thence North 90°00'00" West along the Centerline of"M" Street,a distance
of 80.00 feet; thence along a curve to the left having a radius of 500.00 feet, a central angle of
33'00'00" an arc distance of 287.98 feet, the long chord of which bears South 73°30'00" West, a
distance of 284.02 feet; thence South 57°00'00" West, a distance of 80.00 feet; thence leaving the
Centerline of"M" Street South 33°00'00" East, a distance of 40.00 feet to a point on the South
right-of-way line of"M" Street, also being the True Point of Beginning; thence South 33°00'00"
East, a distance of 330.33 feet;thence South 57'00'00" West,a distance of 196.52 feet;thence North
89°55'16" West, a distance of 67.68 feet; thence South 66°01'04" West, a distance of 77.68 feet to
a point on a curve also being the East right-of-way line of"H" Street;thence along said curve to the
left having a radius of 804.75 feet, a central angle of 09'01'05" an arc distance of 126.66 feet, the
long chord of which bears North 28°29'28" West, a distance of 126.53 feet; thence continuing on
the East right-of-way line of"H" Street North 33°00'00" West, a distance of 125.08 feet; thence
along a curve to the right having a radius of 30.00 feet, a central angle of 90°00'00" an arc distance
of 47.12 feet,the long chord of which bears North 12`00'00" East,a distance of 42.43 feet to a point
on the South right-of-way line of"M" Street; thence North 57'00'00" East along the South right-of-
way line of"M" Street, a distance of 290.00 feet to the True Point of Beginning.
Said parcel of land contains 2.343 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 exists on said parcel of land.
950144
EXHIBIT "B"
2430175 13-1483 P-452 03/15/95 04: 10P PG 3 OF 3
Year Amount
May 2, 1994 to May 1, 1995 $425,000
May 2, 1995 to May 1, 1996 382,500
May 2, 1996 to May 1, 1997 340,000
May 2, 1997 to May 1, 1998 297,500
May 2, 1998 to May 1, 1999 255,000
May 2, 1999 to May 1, 2000 212,500
May 2, 2000 to May I, 2001 170,000
May 2, 2001 to May 1, 2002 127,500
May 2, 2002 to May 1, 2003 85,000
May 2, 2003 to May 1, 2004 42,500
Al2 2 41 3 0 17b DEED OF TRUST
THIS DEED OF TRUST, dated FIG vt/-1 , 1995, between ISLAND GROVE TREATMENT
CENTER, the grantor herein, whose address is 1140 M Street, Greeley, CO 80631, and the COUNTY
OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO.
Witness:
The grantor, to secure a promissory note datedf104{, /d , 1995, for the total principal sum
of Four Hundred Twenty-Five Thousand dollars ($425,000) , payable to the order of the Weld County
Housing Authority, the beneficiary herein, whose address is 915 Tenth Street, Greeley, Colorado
80631, after the date thereof, with no interest due thereon and subject to the provisions and
conditions for forgiveness as set forth in said promissory note, does hereby grant and convey
unto said Public Trustee the following described property, situate in the County of Weld, State
of Colorado, to wit:
The real property described in the attached Exhibit "A" .
also known by street and number as 1140 M Street, Greeley, Colorado 80631.
TO HAVE AND TO HOLD the same together with all its appurtenances, in trust nevertheless,
that in case of default in the terms of said note or any part thereof, or in the performance of
any covenants hereinafter set forth, then upon the beneficiary (note holder) filing notice of
election and demand for sale, said Public Trustee, after advertising notice of said sale weekly,
for not less than four weeks, in some newspaper of general circulation in said County, shall sell
said property in the manner provided by law in effect at the time of filing said notice and
demand, at public auction for cash, at any proper place designated in the notice of sale. Out
of the proceeds of said sale said Trustee shall retain or pay first all fees, charges and costs
and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance,
interest thereon, and pay the amount due on said note, rendering the overplus (if any) unto the
grantor; and after the expiration of the time of redemption, said Trustee shall execute and
deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property
or any part thereof at such sale.
The grantor covenants that at the time of delivery of these presents, it is seized of said
property in fee simple, and that said property is free of encumbrances, except: a promissory note
Greeley,
and first deed of trust in favor of Bank One Greeley, 7th Street and 9th Avenue, y,
Colorado 80631.
The grantor also covenants that he will keep all buildings insured with a company approved
by the beneficiary for fire and extended coverage in an amount equal to the unpaid balance of
said note with loss payable to the beneficiary, will deliver a copy of the policy to the
beneficiary, and will pay all taxes and assessments against said property and amounts due on
prior encumbrances. If grantor shall fail to pay insurance premiums, taxes, or amounts due on
prior encumbrance, the beneficiary may pay the same and all amounts shall become additional
indebtedness due hereunder, and in case of foreclosure, the grantor will pay all reasonable
attorney's fees incurred by the beneficiary.
Should the beneficiary hereunder be made a party to any action affecting this deed of trust
or the title to said property, the grantor agrees that all court costs and a reasonable
attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder, and
the grantor does hereby release and waive all claims in said property as a homestead exemption
or other exemption now or hereafter provided by law.
It is agreed that in case of default in terms of said principal or interest or a breach of
any of the covenants herein, then said amount hereby secured may at the option of the beneficiary
become due and payable at once, anything in said note to the contrary notwithstanding and
possession of said property will thereupon be delivered to the beneficiary, and on failure to
deliver such possession the beneficiary shall be entitled to a receiver for said property, who
may be appointed by any court of competent jurisdiction.
Whenever used herein the singular number shall include the plural, the plural the singular,
and the use of any gender shall be applicable to all genders. All of the covenants herein shall
be binding upon the respective heirs, personal representatives, successors, and assigns of the
parties hereto.
Executed the day and year first above written.
ISLAND GROVE TREATMENT CENTER
Y
cm: G B. . Dean, Executive,pirector
22 �( / /,
'
• � SE-[aL By L it k ( /
R
•'••. COtempu ss �o 1 n,( President
By.
Brian Crosier, Secretary ,,,,i4' '
STATE OF COLORADO)
ss. .'• 011
lY •., r r
COUNTY OF WELD ) ; I,e`�4-y, r�r
(�__,,LThe foregoing instrument� was acknowledgedn� before _ me tip;�.fO 1 day • or
I IIIutk , 19 6, by-S1S t)R711 �iPAPII ttnSG11;Br eft5iP2 • •a�S.. `.
My Commission expires' /�����"v'G:: X,uf��:JUCl� . Witness
{ny hand d official seal`
NotaYy Public T
WHEN RECORDED RETURN TO:
2430176 B-1483 P-453 03/15/95 04: 10P PG 1 OF 2 REC DOC 9 50144
Weld County CO Clerk & Recorder 0.00
a MEMORANDUM
l • 1:11 TO: Board January31, 1995
ink
FROM: Clerk to Board
COLORADO
SUBJECT: Addition to February 1, 1995, agenda
Bruce Barker and Don Warden have requested the following item be added to the February 1, 1995
agenda under New Business:
2) Consider Special Warranty Deed to Island Grove Treatment Center and authorize the
Chairman to sign.
9501•44
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