HomeMy WebLinkAbout740620.tiff RESOLUTION
RE: AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS, WELD
COUNTY, COLORADO, TO SIGN LEASE AGREEMENT WITH JOHN
DI TIRRO.
WHEREAS, the County of Weld, State of Colorado, is the owner of
the following described property, to-wit:
All that part of Lot Seven (7), in the South Half of the
Southwest Quarter (SfSWj) of Section Eighteen (18),
Township Two (2) North, Range Sixty-six (66) West of
the 6th P. M. , lying South and West of the South Platte
River, according to The Lupton Meadows Land Company
Map of Division No. 1, recorded in Book 5 of Maps,
Page 13, Weld County records, and Lots Seven (7) and
Eight (8) in the South Half of the Southeast Quarter
(S+SE—+) of Section Thirteen (13), Township Two (2) North,
Range Sixty-seven (67) West of the 6th P. M. , according
to Division No. 1, Map made by The Lupton Meadows
Land Company; and
A strip of land 100 feet wide, containing 3. 04 acres,
more or less, being 50 feet wide on each side of the
center line of The Denver, Laramie and Northwestern
Railway Company (formerly a Wyoming corporation), as
originally located, over, across and through the South-
west Quarter of the Southeast Quarter (SWISE4) of Section
Thirteen (13), Township Two (2) North, Range Sixty-seven
(67) West of the 6th P. M. , said center line being more
fully described as follows: Beginning at a point on the
South line of said SWISEI of said Section 13, 660 feet,
more or less, east of the southwest corner of said SW-}
SE+ of said Section 13; thence North 7° 58' West to a
point on the North line of said SW*SE**- of said Section
13, 465 feet, more or less, east of the northwest corner
of said SW3SEff- of said Section 13; excepting therefrom
1. 7 acres more or less as conveyed in a deed recorded
at Book 1257, Page 497, Weld County records;
Together with 86 shares of the capital stock of Lupton
Meadows Ditch Company and one (1) adjudicated irrigation
well together with pump, motor, and any and all other
water rights or equipment used in connection with the
operation of the property,
and,
WHEREAS, the Board of County Commissioners, Weld County, Colorado,
has determined that it would be in the best interest of the County to enter
into a lease agreement with John DiTirro upon the terms and conditions
recited in said lease, per lease agreement attached hereto and made a part
hereof by reference.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, that said lease agreement with
John Di Tirro, copy of which is attached hereto and made a part hereof
by reference be, and it hereby is approved.
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740620
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BE IT FURTHER RESOLVED, that the Board be, and it hereby is
authorized to execute the lease agreement as submitted and to make the
same effective forthwith.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 13th day of February ,
A. D. , 1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
X.Z 1CZ* Proem
57,3,y*d..._.4.A
ATTEST•
Weld County Clerk and ecorder
Clerk to the Board
By
Deputy Coun C erk
APP13.Q5ED AS LFORM:
171 ift--
County Attorney—�
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LEASE AGREEMENT
THIS ARTICLE OF AGREEMENT, Made and entered into by and between
the COUNTY OF WELD, Lessor, and JOHN DI TIRRO, Lessee,
WITNESSETH:
That the Lessor has this day leased to the Lessee, the following
described premises, in the County of Weld and State of Colorado, to-wit:
All that part of Lot Seven (7), in the South Half of the
Southwest Quarter (SZSWQ) of Section Eighteen (18),
Township Two (2) North, Range Sixty-six (66) West of
the 6th P. M. , lying South and West of the South Platte
River, according to The Lupton Meadows Land Company
Map of Division No. 1, recorded in Book 5 of Maps,
Page 13, Weld County records, and Lots Seven (7) and
Eight (8) in the South Half of the Southeast Quarter
(SZSE4) of Section Thirteen (13), Township Two (2) North,
Range Sixty-seven (67) West of the 6th P. M. , according
to Division No. 1, Map made by The Lupton Meadows
Land Company; and
A strip of land 100 feet wide, containing 3. 04 acres,
more or less, being 50 feet wide on each side of the
center line of The Denver, Laramie and Northwestern
Railway Company (formerly a Wyoming corporation), as
originally located, over, across and through the South-
west Quarter of the Southeast Quarter (SWISE4) of Section
Thirteen (13), Township Two (2) North, Range Sixty-seven
(67) West of the 6th P. M. , said center line being more
fully described as follows: Beginning at a point on the
South line of said SWISS of said Section 13, 660 feet,
more or less, east of the Southwest corner of said SW4
SE- of said Section 13; thence North 7° 58' West to a
point on the North line of said SWfSEff- of said Section
13, 465 feet, more or less, east of the northwest corner
of said SW+SEII- of said Section 13; excepting therefrom
1. 7 acres more or less as conveyed in a deed recorded
at Book 1257, Page 497, Weld County records; all as
shown as shaded area of Lots 7 & 8 of Exhibit A entitled
The Lupton Meadows Land Company Map of Division
No. 1;
Together with 86 shares of the capital stock of Lupton
Meadows Ditch Company and one (1) adjudicated irrigation
well together with pump, motor, and any and all other
water rights or equipment used in connection with the
operation of the property,
for a term of one year, commencing on the 1st day of January, 1974, and
ending on the 31st day of December, 1974, and to continue from year to
year thereafter unless sooner terminated by either party giving written
notice to the other party at least three (3) months prior to the end of the
lease period, upon the terms and conditions as follows:
The Lessee covenants and agrees as follows:
1. To pay the Lessor as rent for the said demised premises the
sum of Four Thousand and no/100ths Dollars ($4, 000. 00) per annum,
payable annually in advance, receipt of first year's rental being hereby
confessed and acknowledged.
2. To use said premises as a farm and will not use or permit same
to be used for any unlawful business or purpose.
3. Not to assign this lease or sub-let said premises or any part
thereof without written consent of Lessor.
4. To guard and to keep in repair said property, buildings, gates,
corrals, pumps, well, well fittings, fences, vines, shrubbery and
orchard from all damages, and will keep the same in as good repair as
they are now; to do no act whereby any insurance on buildings may be
invalidated; nor to remove or damage any buildings, fences, trees,
shrubbery or any improvement or improvements of any kind on subject
property.
5. To clean out and maintain the main lateral to the premises, and
all sub-laterals on the premises, and to do the proportionate part of
cleaning of said laterals used jointly with others.
6. To cut all weeds along public highways, private roadways,
lateral ditches and fences and in fields before the seed thereof matures.
7. At the expiration of this lease, or upon breach by the said Lessee
of any of the covenants herein contained, Lessee's right of occupancy will
terminate and he shall quit and surrender the possession and occupancy
of said premises to the Lessor, and shall be subject to eviction either
with or without process of law.
8. In the event the said premises are sold or rented to another tenant
for 1975 or subsequent years, said tenant or buyer shall have the right to
go on said land, make repairs, fall plow or sow seed for crops in the fall
of 1974 or subsequent years.
9. It is mutually agreed that the cost of any commercial fertilizer,
insecticides and weed sprays used shall be borne fully by Lessee.
10. It is further mutually agreed that any spraying of noxious plants
or weeds shall be done by Lessee at his own expense.
11. It is still further mutually agreed that the cost for all rented water
shall be borne entirely by Lessee.
12. It is still further mutually agreed that any improvements placed
by the Lessee upon the premises herein described may be removed by the
Lessee within a reasonable time after the expiration or termination of
this lease.
13. It is still further mutually agreed that the Lessor shall have the
right of entry, at all reasonable times, to inspect the buildings, premises
and crops growing thereon.
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IN WITNESS WHEREOF, the said parties have hereunto subscribed
their names, and signed a duplicate, this 13th day of February
A. D. , 1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
7/5_, /3-C./ v Protem
ATTES .:---A_ „J./L/4- iZslei���r� Z�C�
Weld County Clerk & Recorder
and Clerk to the Board
' J Deputy County , lerk
A V D AS TOM:
J
Pela
County Attorney "LESSOR"
,,, ��
John Di Tirr
"LESSEE"
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