HomeMy WebLinkAbout20232240.tiffRESOLUTION
RE: DECLARE CERTAIN REAL ESTATE AS SURPLUS PROPERTY, APPROVE REAL
ESTATE PURCHASE AND SALE AGREEMENT FOR AULT GRADER SHED
(16331 STATE HIGHWAY 14, AULT), AND AUTHORIZE CHAIR TO SIGN ALL
NECESSARY DOCUMENTS - TOWN OF AULT
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 "Ault 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:
16331 State Highway 14, Ault, Colorado; being
further described as Lot A of Recorded Exemption,
RE -1181, located in the Section 11, Township 7
North, Range 66 West of the 6th P.M. Weld County,
Colorado, and
WHEREAS, the Board deems it advisable, by and through this Resolution, to declare the
Ault 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 Ault 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 Ault 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 Ault, 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: B G (TT/S Co), AcT(cP/cD/-n)
og/3o/23
2023-2240
PR0038
DECLARE CERTAIN REAL ESTATE AS SURPLUS PROPERTY AND APPROVE REAL
ESTATE PURCHASE AND SALE AGREEMENT FOR AULT GRADER SHED
(16331 STATE HIGHWAY 14, AULT) — TOWN OF AULT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifeti 4�;
Weld County Clerk to the Board
APP
.County Attorney
Date of signature o lo)23
Mi man Chair
Perry L. Bu , Pro-Tem
evin D. Ross
Lori Saine
2023-2240
PR0038
con-Ivad- l Dk# -7ZzO
July 25, 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 Ault Grader Shed (Surplus) to Town of Ault
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 Ault Grader shed located at 16331 Highway 14, Ault, CO, has become
surplus property
Attached is an agreement to convey the former Ault Grader Shed to the Town of Ault The Town of Ault
wishes to purchase this property for $1,000 00 to augment their operations that benefit Weld County
citizens In addition, the Town of Ault 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
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
2023-2240
/Z X120038'
REAL ESTATE PURCHASE AND SALE AGREEMENT FOR AULT GRADER SHED
The TOWN OF AULT, a municipal corporation of the State of Colorado, whose address is
P.O. Box 1098, 201 1St Street, Ault, CO 80610 ("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, 11-50 O Street, Greeley
CO 80632 ("Seller") agrees to sell, the real and personal property described below (the
"Property") for the Town of Ault'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 Ault 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.
I1. 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
constitutes the entire agreement between the parties. No modification of this Agreement
shall be binding unless signed by both Buyer and Seller.
Page 1 of 2 Pages
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Carly KopPes, Clerk and Recorder, Weld County , CO
on1
02e p-23-4.
wn Clerk
Od
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:
Seller:
ATTEST: ddrif.t);�
COUNTY OF WELD, a political
Weld County Clerk to the C oard subdivision of the State of Colorado
By:
In:14 3, --
Mike Freeman, Chair AUG 0 2 2023
Board of County Commissioners
of the County of Weld
TOWN OF AULT, a municipal
corporation of the State of Colorado
Gary D' White, Mayor
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Carly Koppes, Clerk and Recorder, Weld County , CO
I'll NWT, 11111
Page 2 of 2 Pages
o20,15 -1)?
EXHIBIT "A"
Lot A of Recorded Exemption No. 0707-11-3-RE1181 recorded July 18, 1989, in Book 1238 as Reception
No. 2185516, being a part of the SW N of Section 11, Township 7 North, Range 66 West of the 6. P.M.
EXCEPTING THEREFROM, a parcel of land conveyed to the Department of Highways, State of Colorado,
by deed recorded March 12, 1965, in Book 537 as Reception No.1458503, being more particularly
described as follows:
A tract or parcel of land No. 4 Rev, of Colorado Dept. of Highways Project No. S0024(20) in the SW 'A of
the SW N of Section 11, Township 7 North, Range 66 West of the 6. P.M., said tract or parcel being
more particularly described as follows:
BEGINNING at a point on the West line of Section 11, Township 7 North, Range 66 West, from which the
Southwest corner of Section 11 bears 51° 06' 30" W a distance of 103.6 feet;
1. Thence along the West line of Section 11, Si' 06' 30" W, a distance of 103.6 feet to the
Southwest corner of Section 11;
2. Thence along the South line of Section 11, S89° 37' E, a distance of 676.8 feet;
3. Thence N0° 43' E, a distance of 44.7 feet;
4. Thence N89.17' W, a distance of 585.0 feet;
5. Thence N48° 51' 30" W, a distance of 84.8 feet to the East right of way line of the County Road
(Oct. 1984);
6. Thence N89.17' W, a distance of 26.5 feet, more or less, to the POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM a parcel of land conveyed to Edgar J. Hoff and Pearl L. Hoff by
deed recorded May 10, 1966, in Book 567 as Reception No.1488734, being more particularly
described as follows:
Ail that part of the E' of the SW N of Section 11, Township 7 North, Range 66 West of the 6.
P.M., described as follows:
COMMENCING at the Southwest corner of the said Section 11, and considering the South line of
the SW 'A of said Section 11 W bear due East, and with all other bearings described herein being
relative thereto;
Thence East along the South line of the SW 'A of said Section 11 a distance of 2,024.85 feet to
the TRUE POINT OF BEGINNING;
Thence N01° 40' 30" E 224.15 feet;
Thence N33.10' 20" E 757.8 feet;
thence N00' 33' 40W 276.25 feet;
Thence N31° 55' 30" E 134.87 feet;
Thence N04° 28' 20" E 217.43 feet;
Thence N22° 05' 50" E 399.86 feet;
Thence S00° 38' 40" E 1,836.44 feet to the South line of the SW N of said Section 11;
Thence West along the South line of said SW N of Section 11 a distance of 677.81 feet to the
TRUE POINT OF BEGINNING.
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Carly KcPOes, Clerk and Recorder, Weld County , CO
1111Mi +r1it 11111
Contract Form
New Contract Request
Entity Information
Entity Name.
AULT, TOWN OF
Contract Name*
OLD AULT GRADER SHED CONVEYANCE
Contract Status
CTB REVIEW
Entity ID.
.00002364
❑ New Entity?
Contract ID
7270
Contract Lead*
SGEESAMAN
Contract Lead Email
sgeesaman@co.weld.co.us;I
redfern2weldgov.com
Contract Description *
CONVEY OWNERSHIP OF THE OLD AULT GRADER SHED TO THE TOWN OF AULT
Contract Description 2
Contract Type*
AGREEMENT
Amount
$1,000.00
Renewable*
NO
Automatic Renewal
Grant
ICA
Department
BUILDINGS AND GROUNDS
Department Email
CM-
Buildi ngGrounds2iweldgov.c
om
Department Head Email
CM-BuildingGrounds-
DeptHead`oveldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORNEY: WELDG
OV.COM
Requested BOCC Agenda
Date*
08'07 2023
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
08 4=i3.2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept_ to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are riot in
Ontase
Contract Dates
Effective Date
Review Date.
12 27,2023
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Committed Delivery Date
Contact Type Contact Entail
Expiration Date*
12 27;2023
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
07:272023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
0802;2023
Originator
SGEESAMAN
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
0727; 2023 07, 27;2023
Tyler Ref
AG 030223
QUIT CLAIM DEED
THIS DEED is made this /Ili, 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 Ault, a municipal corporation of the state of Colorado, by and
through its Town Board, whose address is P.O. Box 1098, 201 l' Street, Ault, CO 80610, 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 2nd day of August 2023, have hereunto set my hand and affixed the seal of said County this
VA day of September 2023, for the uses and purposes therein set forth.
ATTEST:
CLERK TO THE BOARD OF
COUNTY COMMISSIO RS
BY
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO
eputy C rk to the Mike Freeman, Chair
STATE OF COLORADO
County of Weld
) ss.
The foregoing instrument was acknowledged before me this /j #1, 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 /Pk day of September, A.D., 2023.
My commission expires:
ESTHER E GESICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974016478
MY COMMISSION EXPIRES SEPTEMBER 29, 2025
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Carly Kappa', Clerk and Recorder, Weld County , CO
11111 KAY R Nrlih'M LOA I LSCI N U4+I0r 1I II
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EXHIBIT "A"
Lot A of Recorded Exemption No. 0707-11-3-RE1181 recorded July 18, 1989, in Book 1238 as Reception
No. 2185516, being a part of the SWY4 of Section 11, Township 7 North, Range 66 West of the 6th P.M.
EXCEPTING THEREFROM, a parcel of land conveyed to the Department of Highways, State of Colorado,
by deed recorded March 12, 1965, in Book 537 as Reception No. 1458503, being more particularly
described as follows:
A tract or parcel of land No. 4 Rev. of Colorado Dept. of Highways Project No. S0024(20) in the SW 'A of
the SW % of Section 11, Township 7 North, Range 66 West of the 6th P.M., said tract or parcel being
more particularly described as follows:
BEGINNING at a point on the West line of Section 11, Township 7 North, Range 66 West, from which the
Southwest corner of Section 11 bears S1° 06' 30" W a distance of 103.6 feet;
1. Thence along the West line of Section 11, S1° 06' 30" W, a distance of 103.6 feet to the
Southwest corner of Section 11;
2. Thence along the South line of Section 11, S89° 37' E, a distance of 676.8 feet;
3. Thence N0° 43' E, a distance of 44.7 feet;
4. Thence N89° 17' W, a distance of 585.0 feet;
5. Thence N48° 51' 30" W, a distance of 84.8 feet to the East right of way line of the County Road
(Oct. 1984);
6. Thence N89.17' W, a distance of 26.5 feet, more or less, to the POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM a parcel of land conveyed to Edgar J. Hoff and Pearl L. Hoff by
deed recorded May 10, 1966, in Book 567 as Reception No. 1488734, being more particularly
described as follows:
All that part of the E'A of the SW % of Section 11, Township 7 North, Range 66 West of the 6th
P.M., described as follows:
COMMENCING at the Southwest corner of the said Section 11, and considering the South line of
the SW % of said Section 11 to bear due East, and with all other bearings described herein being
relative thereto;
Thence East along the South line of the SWY4 of said Section 11 a distance of 2,024.85 feet to
the TRUE POINT OF BEGINNING;
Thence N01° 40' 30" E 224.15 feet;
Thence N33.10' 20" E 757.8 feet;
thence N00° 33' 40W 276.25 feet;
Thence N31° 55' 30" E 134.87 feet;
Thence N04° 28' 20" E 217.43 feet;
Thence N22° 05' 50" E 399.86 feet;
Thence S00° 38' 40" E 1,836.44 feet to the South line of the SW' of said Section 11;
Thence West along the South line of said SW % of Section 11 a distance of 677.81 feet to the
TRUE POINT OF BEGINNING.
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII
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