HomeMy WebLinkAbout621000.tiffGPEELP.'..
August 29, 1979
County Commissioners of
Weld County, Colorado
Centennial Building
Greeley, Colorado 80631
Ladies and Gentlemen:
I appreciated the opportunity to discuss the question of a
possible exchange of property with the Board of Commissioners.
Weld County presently owns 56.5 acres lying in the West Half
(W1) of the Southwest Quarter (SW'/a) and the Southwest Quarter
(SWy4) of the Northwest Quarter (NWT/) of Section Seven (7), Town-
ship Eight (8) North, Range Sixty-five (65) West of the 6th P.M.,
lying to the West of the East bank of Lone Tree Creek.
A further investigation of the deed to Weld County discloses
that some six, more or less, acres of this 56.5 acres Weld County
owns lies in the Northwest Quarter (NW%) of said Section Seven (7).
The remaining 50.5 acres, more or less, lies in the Southwest Quar-
ter (SW%) of Section Seven (7) .
It is my understanding the County also owns the Southeast
Quarter (SE34) of Section One (1),.Township Eight (8) North, Range
Sixty-five (65) West of the 6th P.M., subject, however, to the
reservation of the Union Pacific Railroad as to all coal, oil, gas
and other minerals.
The sand and gravel under the entire Section Seven (7) has
been deeded by the Union Pacific Railroad through their subsidiary,
Union Pacific Land Resources Corporation, to Kenneth Eugene Ayers
and, of course, the County owns the sand and gravel under the 56.5
acres previously conveyed to them by Kenneth Eugene Ayers.
It is my understanding that the County owns none of the sand
and gravel or other minerals lying in and under the Southeast Quar-
ter (SE1,4) of Section One (1), Township Eight (8) North, Range Sixty-
five (65) West of the 6th P.M.
County Commissioners of
Weld County, Colorado
Page 2 August 29, 1979
Section Seven (7) has already been opened up for the mining
of sand and gravel and it would appear to me and to my wife that
it would be desirable if the County could avoid having to open
up other pits in the locality which might later become the collec-
tion spots for the trash of people as far away as Fort Collins and
Wellington.
I would like to propose the following:
1. That I, Kenneth Eugene Ayers, convey all of the Southwest
Quarter (SWA) of Section Seven (7), Township Eight (8) North,
Range Sixty-five (65) West of the 6th P.M., in Weld County,
Colorado, subject to the reservations of the Union Pacific
Railroad to all coal and other minerals, except sand and
gravel, to Weld County, Colorado, with the exception of the
property that has already been deeded to the County.
2. In exchange for said conveyance of the remainder of the
Southwest Quarter (SW/) of Section Seven (7) to the County,
the County would convey to Kenneth Eugene Ayers all of the
Southeast Quarter (SEA%) of Section One (1), Township Eight (8)
North, Range Sixty-five (65) West of the 6th P.M., subject
to the reservations by the Union Pacific Railroad of coal,
oil and other minerals.
3. Under this exchange, I would be conveying approximately 110
acres to the County in exchange for 160 acres the County would
convey to me. In addition, I would be conveying the rights
and the ownership of the sand and gravel under the land I am
conveying to the County and the County would be conveying
their land to me subject to the ownership of the Union Pacific
Railroad of all the sand, gravel and other minerals.
I should like one further stipulation in the exchange and that
would be that I have the privilege of leasing the land to be ob-
tained by the County for farming purposes at the customary rental
of one-fourth (1/4th) crop share to the County. It would be under-
stood I would only farm the land available for farming as long as
the County did not need it for gravel operations. At such time as
the County would need any of the surface for gravel operations, it
would be surrendered by me. I would account to the County for the
total production off of the land involved and reimburse the County
for its share of the crop in whatever way the County might request.
County Commissioners of
Weld County, Colorado
Page 3 August 29, 1979
I would appreciate very much your considering this proposal
and advising me of your decision in the matter.
Yours very truly,
Eugene Ayers
8001(1617 PAGE 174
Recorded at
A- o'clockM.
ti
Reception Nei �l`"ir�)`"�:1 , Recorder.
KNOW ALL MEN BY THESE PRESENTS, That i<ENtlDTti LUr.71E`IE AYERS
of the
for the consideration of
in hand paid, hereby sell and convey to WELD COUNTY; COLORADO, A CI PAL COPPO ATIOJ
County of'.le l d
, and State of Colorado,
Other Valuable Consideration and Ten and no/100-Dollars,
of the County of Weld
the following real property, situate in the County of
and State of Colorado, to -wit:
A parcel of land lying in the West Half (41 1/2) of the Southwest Quarter
(SW 1/4) and in the Southwest Quarter. (SW 1/4) of the Northwest Quarter
(NW 1/4) of Section 7, Township 8 North, ?.ctnge 65 West of the 6th Principal
meridian i.n Weld County, Colorado, more p(.rticularly described as follows:
Assuming the west line of said Section 7 to bear due north and beginning
at the southwest corner of said Section 7; thence North along the West line
of said Section 7; a distance of 2,570.50 feet to the West Quarter Corner
('.1 1/4Cor.) of said Section 7; thence continuing North along the West
line of said Section 7 a distance of 404.10 feet; thence meandering south-
easterly along the east bank line of Lone Tree Creek by the following
courses and distances, South 24° 35' 33" East 240.83 feet; thence South
61° 32' 06" East 611.84 feet; thence South 23° 37' 24" East 183.24 feet;
thence South 01° 27' 03" Jest 769.19 feet; thence South 17° 16' 45" East
243.30 feet; thence South 76° 23.' 48" East 181.10 feet; thence South
47° 39' 21" East 382.48 Feet; thence South 01° 42' 36" West 1,001.42 feet
to a point on the South line of said Section 7; thence .tor. th 89° 41' 27"
West along the South line of said Section 7, a distance of 1,193.15 feet
to the Southwest corner of said Section 7, containing 56.50 acres.
et-
with all its appurtenances, and warrant the title to the same, sul9ject to
5th
Signed and delivered this
In the presence of
day of
STATE OF COLORADO,lss.
COUNTY OE- WELD J
•
The foregoing irr≤tiiument
June
, and State of Colorado,
J�1r
, A. D19 62
1 1 SEAL )
(SEAL)
(SEAL)
was acknowledged before me this • ...
19 62 , by*_ liprgieth Eugene Ayers.
WITNESS np ,Ilaricl and official seal.
My conitoir' expires I:I;rch 20, 1966.
day of
June
CO
I
Notary Public.
*If by natural person or persons herein insert name or names; if by persons acting in representative or official capacity
or as attorney -in -fact, then insert name or person as executor, attorney -in -fact or other capacity or description; if by
officer of corporation, then insert name of such office or officers, as the president or other officers of such corporation, nam-
ing it. - - STATUTORY ACKNOWLEDGMENT, SESSION 1927.
WARRANTY DEED - - Statutory Form
621000
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STATUTORY DEED
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SAMUEL S. TELEP
ATTORNEY AND COUNSELOR AT LAW
FIRST NATIONAL BANK BUILDING
GREELEY, COLORADO
TELEPHONE EL2-5132
April 23, 1962
Board of County Commissioners
Weld County Colorado
Greeley, Colorado
Gentlemen:
At your request I have examined abstract of title and the
Records of the Weld County Abstract Company covering the title
to the following described real property located in Weld County,
Colorado, to -wit:
All of Section Seven (7), Township Eight (8) North,
Range 65 West of the 6th Principal Meridian.
Title to this property is abstracted by the Weld County Ab-
stract and Investment Company, Greeley, Colorado, and last certi-
fied to under certificate No. 127,737, dated April 7, 1962, at
7:45 o'clock a.m.
From said examination and from examination of the records of
the Weld County Abstract Company I find as follows:
Fee simple title to the above described real property is vested
in Kenneth Eugene Ayers, subject to and except the following:
1. Subject to reservations as contained in United States
patent, recorded February 2, 1903, Book 201, Page 403, Weld County
Records.
2. Subject to reservations of oil, coal and other minerals
as reserved in Deed from Union Pacific Railroad Company to Wilford
H. Picking, recorded February 1, 1908, Book 233, Page 135, Weld
County Records.
3. Deed of Trust to the Public Trustee of Weld County for the
use of Dorothy D. Ivers, of Loveland, Colorado, securing one Note
for 9El6,500.00, dated 10/1/59, recorded 10/5/59, in Book 1541, Page
617, Weld County Records, payable seventeen years after date, with
interest thereon at five percent (5%) per annum, payable annually
at the rate of 11,000.00 on or before the first day of October,
commencing 10/1/60, and X500.00 on or before 10/1/76.
-2-
4. Any lien by virtue of inclusion of premises in the
Northern Colorado Water Conservancy District, and the Nunn Fire
Protection District.
5. Subject to Notice of Lis Pendens, recorded April 4,
1961, Book 1581, Page 449, Weld County Records, affecting the
title to subject property resulting from divorce action AYERS
vs. AYERS, Civil Action No. 14617.
6. Abstract does not certify as to payment of 1961 taxes;
1962 taxes due and payable in 1963 are now a lien.
7. Rights of persons in possession, potential liens by rea-
son of recent improvements to the premises, if any, and unrecorded
easements or rights of way, if any, may be ascertained by physical
inspection of the property.
In my opinion the title as set out above and subject to the
foregoing is good and merchantable; subject to the following re-
quirements:
1. Need partial release of Deed of Trust covering the por-
tion of land to be conveyed to Weld County. CK_ /6 7
2. Need Release of Lis Pendens filed as a result of the 6n* \
divorce action between Mr. Ayers and his wife.
3. Need Affidavit or some similar instrument showing that O K
Dorothy Downey Ivers and Dorothy D. Ivers are one and the same 12,77
person.
Very truly yours,
SST:bcm
<441
Samuel S. Telep
MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT, made and entered into this
44/F
day of A, A.D. 1962, by and between KENNETH EUGENE AYERS, of
Nunn, Colorado, hereinafter designated
and the BOARD OF COUNTY COMMISSIONERS,
hereinafter designated as party of the
7 t/
as party of the first part,
of Weld County, Colorado,
second part, WITNESSETH:
That party of the first has agreed and by these presents does
herewith agree to sell, transfer and convey unto second party upon
the terms and conditions hereinafter expressed, and second party
has agreed and by these presents does herewith agree to purchase
upon the terms and conditions hereinafter expressed, the following
described property, to -wit:
A parcel of land located in the W2 of the SW4 of
Section 7, Township 8 North, Range 65 West of the
6th P.M., described as follows: All that part of
the Wz of the SW4 of said Section 7, lying West
of the Lone Tree Creek, containing 56 acres, more
or less, in accordance with a description to be
obtained from a survey.
That first party agrees to convey said real property unto sec-
ond party by good and sufficient Warranty Deed to said purchaser,
conveying said property free and clear of all taxes, liens and en-
cumbrances, except 1962 taxes due and payable in 1963, which shall
be apportioned to date of delivery of deed.
It is expressly understood and agreed that party of the first
shall furnish an abstract of title to said property at his own expense.
That the total purchase price to be paid by second party to
first party for said real estate is to be the principal sum of $10,000.00,
payable in three (3) equal installments as follows: $3,333.33 on the
date of closing of the within transaction, of which $100.00 in cash
at the time of signing hereof, receipt of which is hereby acknowledged,
and $3,333.33 on the anniversary date of closing of each year there-
after until fully paid. It is expressly understood that no interest
shall be charged on the unpaid balance of the principal.
IT IS MUTUALLY UNDERSTOOD AND AGREED that in the event the
first party fails to complete this transaction or to deliver a
good and sufficient Warranty Deed to said second party within 30
days from date hereof, then this Contract shall be void and of no
effect, and both parties hereto released from all obligation here-
under, and all payments made hereon shall be returned to party of
second part.
IT IS FURTHER MUTUALLY AGREED that the terms and conditions
of this agreement shall extend to and be binding upon the heirs,
executors, administrators and assigns of the respective parties.
IN WITNESS WHEREOF the parties hereto have hereunto set their
hands and seals the day and year first hereinabove written.
PARTY OF FIRST PART: v�r�,e�t,
- Kenneth Eugen Ayers
THE WELD COUNTY BOARD OF
COUNTY COMMISSIONERS
PARTY OF SECOND PART:_ --11
( yJ
By �n
Tom V. Reed, Chairman
-2-
AGREEMENT
THIS AGREEMENT made this
day of
1964, by and between THE COUNTY COMMISSIONERS OF WELD COUNTY,
STATE OF COLORADO, hereinafter referred to as First Party, and
LEE F. PETTIT, PHILLIP PE4TIT AND EDNA HUMPHREY, hereinafter
referred to as Second Party.
WITNESEE H :
WHEREAS, the County Commissioners of Weld County have purchased
a tract of land in Section Seven (7), Township Eight (8) North,
Range Sixty-five (65) West of the Sixth Principal Meridian, County
of Weld, State of Colorado, for the purpose of operating therefrom
an asphalt plant, and,
WHEREAS, the Second Parties own a dam and intake point in the
Lone Tree Cheek for the purpose of filling Antelope reservoir,
which dam and intake point are located in Section Seven (7), Town-
ship Eight (8) North, Range Sixty-five (65) West of the Sixth
Principal Meridian, County of Weld, State of Colorado, and,
WHEREAS, the Second Parties are the owners and users of
irrigation waters from the Lone Tree Creek represented by the A.
J. Eaton flood water ditch number 1, ditch priority 48 a 3 of
date May 7, 1896 for 190 cubic feet of water; also the H. A. Eaton
Flood water ditch number 3, being ditch priority 48 a 4 of date
November 13, 1897 for 70 cubic feet of water; also of the Antelope
Reservoir, reservoir priority number 16 of date August 12, 1899
with intake of 400 cubic feet per second; that said ditches and
reservoirs are all fed from Lone Tree Creek, and,
WHEREAS, neither Party to this Agreement desires to allow
any interference or damage to be caused to the above described
water rights and installations of the Second Parties.
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES
of the Parties hereto and One Dollar tendered by Second Parties and
-1-
receipt of which is hereby acknowledged by the First Party, the
First Party agrees not to interfere or cause damage to the enter
rights and installations of the Second Parties presently located
in Section Seven (7), Township Right (8) North, Range Sixty-five
(65) West of the Sixth Principal Meridian, Weld County, Colorado,
pertaining to the irrigation waters from the Lone Tree Creek
represented by the A. J. Eaton Flood Water Ditch numbers 1 and 3
and Antelope Reservoir Ditch #37Y, Priority 48 a 3 and Ditch
#37Z, Priority 48 a 4 and Reservoir #17, Priority #16, through
the operation of the Asphalt Plant now owned and operated by Weld
County in thin area.
IN WITNESS WHIRROF, the Parties hereto have sot their hands
and seals on the day and year above written.
BOARD OF COUNTY OOMMIBSIONRRS OF
WELD COUNT Y , COLORADO
By
]
114
oti‘kity
AUTHORIZING DISTRICT ONE TO PURCHASE A PARCEL OF LAND IN SECTION 7
TOWNSHIP 8 NORTH, RANGE 65 WEST:
BE IT RESOLVED, that the Board of County Commissioners,
Weld County, Colorado, authorize District One, upon the terms and
conditions expressed in the attached memorandum of agreement, to
purchase a parcel of land, more particularly described as follows,
to -wit:
All that part of the W2 of the SW4 lying West of the
Lone Tree Creek of said Section 7, Township 8 North,
Range 65 West of the 6th P. M., containing 56 acres,
more or less
The Above and foregoing resolution was, on motion duly
made and seconded, adopted by the following vote:
DATED: May 9, 1962
AYES.: ',.T-, .. c,' , C
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