HomeMy WebLinkAbout20232171.tiffRESOLUTION
RE: DECLARE CERTAIN REAL ESTATE AS SURPLUS PROPERTY, APPROVE REAL
ESTATE PURCHASE AND SALE AGREEMENT FOR SEVERANCE GRADER SHED
(11538 COUNTY ROAD 74, SEVERANCE), AND AUTHORIZE CHAIR TO SIGN ALL
NECESSARY DOCUMENTS - TOWN OF SEVERANCE
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, State statute and the Weld County Code require that all items disposed of be
declared surplus by the Board of County Commissioners, and
WHEREAS, the County has determined that the below described real property, described
herein as the "Severance Grader Shed," which is the subject of the Real Estate Purchase and
Sale Agreement attached hereto and incorporated herein by reference as "Real Estate Contract,"
is no longer required for County use:
11538 County Road 74, Town of Severance; being
further described as a tract of land located in the
NUV1/4 NE1/4 of Section 1, Township 6 North,
Range 67 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, the Board deems it advisable, by and through this Resolution, to declare the
Severance Grader Shed as surplus property and approve the Real Estate Purchase and Sale
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Severance Grader Shed be, and hereby is, declared surplus property.
BE IT FURTHER RESOLVED by the Board that the Real Estate Purchase and Sale
Agreement for the Severance Grader Shed, between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Facilities
Department, and the Town of Severance, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents to complete the closing for said sale.
cc : Acr(cP/cD/Tm), 86(TT/se)
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2023-2171
PR0038
DECLARE CERTAIN REAL ESTATE AS SURPLUS PROPERTY AND APPROVE REAL
ESTATE PURCHASE AND SALE AGREEMENT FOR MEAD GRADER SHED (11538 COUNTY
ROAD 74, SEVERANCE) - TOWN OF SEVERANCE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: don,t)w .. %4
Weld County Clerk to the Board
BY:
eputy Cler to the Board
APPROVED AS TO FOR
• oP
Assn. County Attorney
Date of signature o '/og/23
ir6,_CL,31-4..g.--------
evin D. Ross
4,04. 257,4,A.
Lori Saine
2023-2171
PR0038
Cbrkvac+ t1Z�
July 21, 2023
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Toby Taylor
Subject: Convey of Former Severance Grader Shed (Surplus) to Town of Severance
Weld County has constructed a new Ault Grader Shed. As such, the Ault grader operations and
Severance grader operations will be combined to operate from the new location. Upon completion of
this new complex, the former Severance Grader shed located at 11538 County Road 74, Severance, CO,
has become surplus property.
Attached is an agreement to convey the former Severance Grader Shed to the Town of Severance. The
Town of Severance wishes to purchase this property for $1,000.00 to augment their operations that
benefit Weld County citizens. In addition, the Town of Severance agrees to assume all fees associated
with the fuel tank system that may include, without limitation, testing, transfer documents, and/or
subsequent remediation requirement through the State of Colorado Oil & Public Safety — Petroleum
Division. Moreover, the Town of Severance will retain the maintenance and upkeep of the tornado
warning system that is located on the site.
Therefore, the Facilities Department is recommending approval of the attached agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
7/31
2023-2171
PR003a
REAL ESTATE PURCHASE AND SALE AGREEMENT
FOR SEVERANCE GRADER SHED
The TOWN OF SEVERANCE, a municipal corporation of the State of Colorado, whose
address is P.O. Box 339, 3 S. Timber Ridge Pkwy., Severance, CO 80546 ("Buyer") agrees to
buy, and the COUNTY OF WELD, a political subdivision of the State of Colorado, by and
through the Board of County Commissioners of the County of Weld, whose address is P.O. Box
758, 1150 O Street, Greeley CO 80632 ("Seller") agrees to sell, the real and personal property
described below (the "Property") for the Town of Severance's use to support their operations.
1. Description. The Property is described as follows:
All of the real property described in the attached Exhibit "A."
Personal property included with the real estate being sold: Building and fuel storage tank.
2. Purchase Price and Terms. The purchase price is $1,000.00, which shall be paid in cash
at the closing. Additionally, in exchange for the Property, the Buyer agrees to be
responsible for any and all fees associated with the transfer of the existing fuel site from
Weld County to the Town of Severance through the State of Colorado Oil & Public
Safety — Petroleum Division. These fees may include, without limitation, testing, transfer
documents, and/or subsequent remediation requirements.
3. Closing Agent. No closing agent shall be required.
4. Earnest Money. No deposit of earnest money shall be required.
5. Closing. This transaction shall be closed at a time and place determined by agreement of
Buyer and Seller. Because the Property is currently owned by Seller who is a tax-exempt
political subdivision of the State of Colorado, no property taxes are due on the Property.
Any expenses relating to the Property for the year in which the sale is closed shall be
prorated as of the date of closing.
6. Closing Costs. Seller and Buyer shall pay their own closing cost, if any.
7. Title Insurance. Title insurance is not required.
8. Financial Contingency. There are no financial contingencies associated with this
purchase and sale of Property.
9. Quit Claim Deed. At the time of closing, Seller shall convey the Property to Buyer by
quit claim deed.
10. Inspection. Buyer has inspected the Property and accepts it in its present condition.
11. Binding Effect of this Agreement. This Agreement shall be for the benefit of, and be
binding upon, the parties, their heirs, successors, legal representatives and assigns. It
Page 1 of 2 Pages
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Carly K.oppes, Clerk and Recorder, Weld County , CO
F1 1411111
o20a.5 ,02 / 1/
constitutes the entire agreement between the parties. No modification of this Agreement
shall be binding unless signed by both Buyer and Seller.
12. Governing Law. This Agreement shall be interpreted in accordance with the laws of
Colorado.
13. Cooperation. Buyer and Seller agree to take promptly all actions reasonably necessary to
carry out the responsibilities and obligations of this Agreement.
14. Risk of Loss. The risk of casualty loss or damage to the Property shall be borne by the
Seller until transfer of title. If a casualty loss prior to closing exceeds 10% of the
purchase price, either Seller or Buyer may elect to terminate this Agreement.
15. Effective Date. This Agreement shall take effect on the later of the dates below.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
date set forth above:
ATTEST:
ddr144) ad,,;„k,
Seller:
COUNTY OF WELD, a political
Weld Co my Clerk to the Bo y;;1!� (�+ . division of the State of Colorado
By:
Deputy Cl
ATTEST:
ke Freeman, Chair JUL 3 12023
oard of County Commissioners
of the County of Weld
of Seve
0 korlft $63;01 Buyer:
110"O' CD TOWN OF SEVERANCE, a municipal
Incorporated 1920
Severance. Colorado
BY: diethabhalvkit
corporation of the State of Colorado
By:
Leah Vanarsdall, Town Clerk Nicholas Wharton Town Manager
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Carly Kopaes, Clerk and Recorder, Weld County , CO
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Page 2 of 2 Pages
EXHIBIT "A"
LEGAL DESCRIPTION
A tract of land located in the Northwest Quarter of the Northeast Quarter (NW1/4NE1/4) of Section 1,
Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, being more particularly
described as follows: Beginning at the North Quarter Corner (N1/4 Cor) of said Section 1 and considering
the North line of said Section 1 as bearing North 89°24' 22" East with all other bearings contained
herein relative thereto; Thence North 89°24' 22" East along said North section line, 36.00 feet; Thence
South 00° 35' 38" East 30.00 feet to the TRUE POINT OF BEGINNING; Thence North 89° 24' 22" East,
220.00 feet; Thence South 00° 35' 38" East, 396.00 feet; Thence South 89° 24' 22" West, 220.00 feet;
Thence North 00° 35' 38" West, 396.00 feet to the TRUE POINT OF BEGINNING. Said described parcel
contains 2.00 acres, more or less, and is subject to any rights -of -way or other easements as recorded by
instruments of record or as now existing on said described parcel of land.
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Ca*ly Koppes, Clerk and Recorder, Weld County , CO
Wigi i*L414
Contract Form
New Contract Request
Entity Information
Entity Name.
SEVERANCE. TOWN OF
Contract Name.
SEVERANCE GRADER SHED CONVEYANCE
Contract Status
CTE REVIEW
Entity ID.
SOS002335
❑ New Entity?
Contract ID
7258
Contract Lead"
SGEESAMAN
Contract Lead Email
sgeesaman@ca.weld.co.us;l
redfern:Tweidgov.com
Contract Description
CONVEY OWNERSHIP OF THE SEVERANCE GRADER SHED TO THE TOWN OF SEVERANCE
Contract Description 2
Contract Type.
AGREEMENT
Amount.
51,000.00
Renewable
NO
Automatic Renewal
Grant
ICA
Department
BUILDINGS AND GROUNDS
Requested MCC Agenda
Date.
08 0 • 202 3
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
OH 03 2023
Department Email
CM- Will a work session with BOCC be required?*
BuildingGroundsc,,weldgov.c No
om
Department Head Email
CM-BuiidingGrounds-
DeptHeadvOsseldgov.corn
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EY:OWE LDG
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Does Contract require Purchasing Dept. to be included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank; if those contracts are not in
On Rase
Contract Dates
Effective Date
Review Date"'
12 01 2023
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
9
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
07r 25 x 2023
Final Approval
BOCC Approved
BOCC Signed Date
BQCC Agenda Date
07,:31;2023
Originator
OGEESAMAN
Committed Delivery Date
Expiration Date*
1 2; 01 2023
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Finance Approver
CHERYL PATTELLI
Purchasing Approved Date
Legal Counsel
BRUCE BARKER.
Finance Approved Date Legal Counsel Approved Date
07.25,2021 07125 2023
Tyler Ref #
AG 073123
QUIT CLAIM DEED
THIS DEED is made this l lth day of September, 2023, from the County of Weld, a political
subdivision of the State of Colorado, by and through the Board of County Commissioners of the
County of Weld, whose address is 1150 O Street, P.O. Box 758, Greeley, Colorado 80632, of the
first part, and to the Town of Severance, a municipal corporation of the state of Colorado, by and
through its Town Board, whose address is P.O. Box 339, 3 S. Timber Ridge Parkway, Severance,
CO 80550, of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of the sum
of One Thousand Dollars and no/00's ($1,000.00), and other good and valuable consideration, to
the said party of the first part in hand paid by the said party of the second 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, State of
Colorado, to wit:
All of the real property described in the attached Exhibit "A."
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.
IN WITNESS WHEREOF, I, Mike Freeman, Chair of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said County and by
virtue of the Order contained in the Resolution made by said Board of County Commissioners on
the 31st day of July 2023, have hereunto set my hand and affixed the seal of said County this
11th day of September 2023, for the uses and purposes therein set forth.
ATTEST:
CLERK TO THE BOARD OF
COUNT OMMISSIO RS
BY:
STATE OF COLORADO
County of Weld
) ss.
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO
0- 42. _
Mike Freeman, Chair
The foregoing instrument was acknowledged before me this 11th day of September 2023,
by Mike Freeman, as Chair of the Board of County Commissioners of the County of Weld.
Witness my hand and official seal this 11th day of September, A.D., 2023.
My commission expires:
de r" a t
9-i-aoa3
ESTHER E GESICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974016478
MY COMMISSION EXPIRES SEPTEMBER 29, 2025
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Carly Kopper, Clerk and Recorder, Weld County , CO
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"EXHIBIT A"
LEGAL DESCRIPTION
A tract of land located in the Northwest Quarter of the Northeast Quarter (NW1/4NE1/4) of
Section 1, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, being more
particularly described as follows: Beginning at the North Quarter Corner (Nl/4 Cor) of said Section
1 and considering the North line of said Section 1 as bearing North 89° 24' 22" East with all other
bearings contained herein relative thereto; Thence North 89° 24' 22" East along said North section
line, 36.00 feet; Thence South 00° 35' 38" East 30.00 feet to the TRUE POINT OF BEGINNING;
Thence North 89° 24' 22" East, 220.00 feet; Thence South 00° 35' 38" East, 396.00 feet; Thence
South 89° 24' 22" West, 220.00 feet; Thence North 00° 35' 38" West, 396.00 feet to the TRUE
POINT OF BEGINNING. Said described parcel contains 2.00 acres, more or less, and is subject
to any rights -of -way or other easements as recorded by instruments of record or as now existing
on said described parcel of land.
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Carly Kopp., Clerk and Recorder, Weld County , CO
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