HomeMy WebLinkAbout20201278.tiffRESOLUTION
RE: APPROVE THIRD AMENDMENT TO SPECIFIC PERFORMANCE CONTRACT FOR
WATER SHARES AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY
DOCUMENTS - CENTRAL COLORADO WATER CONSERVANCY DISTRICT
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 Third Amendment to Specific
Performance Contract for Water Shares between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the Central Colorado Water
Conservancy District, commencing upon full execution of signatures, with further terms and
conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Third Amendment to Specific Performance Contract for Water
Shares between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Central Colorado Water Conservancy District be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment and all necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dalethiv „C.Lto%4,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APP ':vEDAST
Attorney
Date of signature: O5/0f/;-O
Mike Freeman, Chair
oreno, Pro-Tem
Cc:CAU3s/gc)
10 /ob /20
2020-1278
EG0078
THIRD AMENDMENT TO SPECIFIC PERFORMANCE CONTRACT
This Amendment ("Third Amendment"), entered into on April 29, 2020, hereby amends the
Specific Performance Contract dated June 5, 2019, entered into by and between the Ground Water
Management Subdistrict of the Central Colorado Water Conservancy District ("Purchaser") and Weld
County Board of County Commissioners ("Seller"). Seller and Purchaser may be referred to as the
"Parties" in this Third Amendment.
RECITALS
WHEREAS, the Parties entered into a Specific Performance Contract dated June 5, 2019 (the
"Agreement") for the conveyance of 28 shares in the Fulton Irrigation Ditch Company and 2 shares of
the Lupton Bottom Ditch Company ("Shares") from Seller to Purchaser (the "Transaction"); and
WHEREAS, the Parties executed an Amendment to the Agreement on or about July 3, 2019,
extending the closing date for the Shares to July 23, 2019 ("First Amendment"); and
WHEREAS, the Parties executed a Second Amendment to the Agreement on or about July 22,
2019 modifying the purchase price and terms of the Lupton Bottom Ditch represented by Certificate No.
317; and
WHEREAS, the Parties wish to further amend the Agreement regarding purchase of one share of
the Lupton Bottom Ditch Company represented by Certificate No. 317, and to postpone the closing date
for the Shares.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the Parties
hereto, it is agreed as follows:
1. The Agreement includes one share of the Lupton Bottom Ditch represented by Certificate No.
317, which Seller acquired from parties named Forchette ("317 Share"). The Parties have
investigated the dry up available for the 317 Share. While there is no covenant, the Parties
believe there is dry up in fact for the 317 Share.
2. In order to allow for the contract to close, the parties agree to reduce the purchase price by a
total of $42,000.00 to adjust the contract price for the dry up covenant the Seller is unable to
procure. The Purchase Price is now $2,268,000.
3. The closing date for the Shares remains at the offices of Lawrence Jones Custer Grasmick LLP
on April 30, 2020 at 10:00 a.m. or at such other hour on that day as agreed by the parties.
4. Except as stated herein, the Agreement remains in full force and effect.
5. The Agreement, as amended by the First Amendment, the Second Amendment, and the Third
Amendment represents the entire agreement between the parties, and may be amended only in
a writing signed by the Parties.
Page 1 of 2 Pages
Ground Water Management Subdistrict of the
Central Colorado Water Conservancy District
Date: Apr - 30 - .202O
By Pad -LAM
Ralph Alders, President
Purchaser
Weld County Board of County Commissioners
Date: By
Seller
Page 2 of 2
Ground Water Management Subdistrict of the
Central Colorado Water Conservancy District
Date: By
Ralph Anders, President
Purchaser
Weld County Board of County Commissioners
Date: J.? '2 C( c as rte,"
By V4J✓Lt o
Mike Freeman, Chair
Seller
Page 2 of 2 Pages
SPECIAL WARRANTY DEED
(Water Rights)
THIS DEED, made this 29th day of April, 2020, between Weld County Board of County
Commissioners, ("GRANTOR") and the Ground Water Management Subdistrict of the Central
Colorado Water Conservancy District Subdistrict ("GRANTEE"),
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and No/100s
Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, the
water and water rights, described as follows:
One (1) share of stock in the Lupton Bottom Ditch Company represented by Certificate
No. 317;
One (1) share of stock in the Lupton Bottom Ditch Company represented by Certificate
No. 319; and
Twenty-eight (28) shares of stock in the Fulton Irrigation Ditch Company represented by
Certificate No. 3059;
TOGETHER with all and singular the rights associated with ownership of the above
referenced shares in and to the Lupton Bottom Ditch Company and the Fulton Irrigation Ditch
Company and all associated rights in and to ditches, easements and structures associated with
delivery of the water and water rights, all hereditaments and appurtenances thereunto belonging,
or in any way appertaining, the reversion and reversions, remainder and remainders, rents, issues
and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments
and appurtenances;
TO HAVE AND TO HOLD the said rights above bargained and described, with the
appurtenances, unto the Grantee, its successors and assigns forever. The Grantor for itself, its heirs
and personal representatives or successors, does covenant and agree that it shall WARRANT AND
FOREVER DEFEND the above bargained rights in quiet and peaceable possession of Grantee, its
heirs, successors and assigns, against all and every person or persons claiming the whole or any
part thereof, by, through or under the Grantor.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
GRANTOR:
Weld County Board of County Commissioners
By 7' ��
Mike Freeman, Chair
Page 1 of 2 Pages
STATE OF COLORADO )
) ss
COUNTY OF WELD )
The foregoing Special Warranty Deed (Water Rights) was subscribed and sworn to before me
this 29TH day of April, 2020 by Mike Freeman, Chair for the Weld County Board of County
Commissioners.
Witness my hand and official seal.
CuLea 16K01
Notar ' Public
My commission expires: / 1 ' 16 A21
l,ARLA FORD
NO] ARY PUBLIC
S;TA E: C)f COLORADO
NUT Air( IL) I c81.029ffir
MY CLavIMISSWN EX{'IFf.K.G. 2, 2022
Page 2 of 2 Pages
STOCK ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto the
Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, all
its right, title and interest in and to 28 (twenty-eight) shares of the Fulton Irrigation Ditch
Company represented by Certificate No. 3059 of said company. The undersigned hereby
authorizes and empowers the secretary of said company to cancel said certificate and issue a new
certificate or certificates to effectuate this transfer on the books of the company.
DATED: Li-29-2O2O
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
By:
Ta:,_c4,Hr„
Mike Freeman, Chair
STATE OF COLORADO
)ss.
COUNTY OF WELD
Subscribed and sworn to before me this 29th day of April, 2020, by Mike Freeman, Chair for the
Weld County Board of County Commissioners.
Witness my hand and official seal.
My commission expires: / Ol " gl, "a1
yan Pa Zt�eL
Notar.
Public
KARLA FORD
INOTAfdy PUBLIC
STATE CC' COLORADO
NOTARY iD N984U29774
MY COMMtSsiQiw EXPIRES DEC. 2, 2.022
ASSIGNMENT OF DRY UP COVENANTS
THIS ASSIGNMENT is made and entered into this 30th day of April, 2020, by Weld County
Board of County Commissioners ("Weld County") and the Ground Water Management Subdistrict of the
Central Colorado Water Conservancy District ("Central"). Weld County has sold the following water
rights to Central:
Twenty-eight (28) shares of the Fulton Irrigation Company, represented by Certificate No. 3059;
and
One (1) share of the Lupton Bottom Ditch Company, represented by Certificate No. 317; and
One (1) share of the Lupton Bottom Ditch Company, represented by Certificate No. 319.
Weld County Board of County Commissioners hereby assigns to Central all of its rights, title and interest
in and to the following Dry Up Covenants associated with the above -described water rights, respectively:
Covenant between Nugget Electric Company, Inc., and the Weld County Board of County
Commissioners, dated April 13, 1989.
Covenant between Pioneer Land and Cattle Company and the Weld County Board of County
Commissioners, dated December 21, 1988, and recorded in the records of the Weld County Clerk and
Recorder on February 27, 1989, at Reception No. 02171911.
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
BY I I -41-E-'14-4--
Mike Freeman, Chair
STATE OF COLORADO
COUNTY OF WELD
)ss,
)
The foregoing instrument was acknowledged before me this 29th day of April, 2020, by Mike
Freeman, Chair for the Weld County Board of County Commissioners.
Witness my hand and official seal.
My commission expires:
odwt, It-nd
Nota y Public
KARLA FORD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19984029774
MY COMMISSION EXPIRES DEC. 2, 2022
STOCK ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto the
Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, all
its right, title and interest in and to 1 (one) share of the Lupton Bottom Ditch Company
represented by Certificate No. 317 of said company and 1 (one) share of the Lupton Bottom
Ditch Company represented by Certificate No. 319 of said company. The undersigned hereby
authorizes and empowers the secretary of said company to cancel said certificate and issue a new
certificate or certificates to effectuate this transfer on the books of the company.
DATED: Y-2 q — 2.0 2Q
Weld County Board of County Commissioners
By:
Mike Freeman, Chair
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
Subscribed and sworn to before me this 29th day of April, 2020, by Mike Freeman, Chair for the
Weld County Board of County Commissioners.
Witness my hand and official seal.
My commission expires: 12 9' aodle1
J
L/C _
Not ry Nu lie
KARLA FORD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19984029774
MY COMMISSION EXPIRES DEC. 2, 2022
INCORPORATED UNDER THE LAWS OF THE TERRITORY NOW STATE OF COLORADO
CAPITAL STOCK S20,0
is the owner of
Shares of the Capital Stock of
The :Fulton Irrigating Ditch Company,
transferable only on the books of the Company on surrender of this Certificate properly
endorsed.
No transfers of stock shall be valid as against this Company so long as the registered holder thereof shall be indebted to this Company upon any
past due debt either as principal, security or otherwise. The Company shall have and retain a first and valid ilen upon all shares of stock of each stock-
holder as security for the payment of any sum or sums for which such stockholders shall be indebted to this Company, whether as principal, surety or
otherwise.
Whoever appears to be the holder of this share of stock upon the stock book of this Company, shall, while so appearing, upon payment of the
equal and ratable share and portion of the entire cost of operation, maintenance, reconstruction and all expense assessable from time to time against
this share, agreeable to the provisions of law and the action of the Board of Directors, be, without any other or further charge, perpetually entitled to
the one -seventy-two hundredth part of all the water, now or hereafter, appropriated from the South Platte River, or any other source, and turned in at
the headgate of this Company, subject always to the state of the water in said river as affecting the ability to secure the full appropriation for such
ditch, as a perpetual water right for use by such holder, for the purpose of irrigation, during the irrigation season, agreeable to the laws of the State
of Colorado and the rules and regulations of this Company.
n lib %turns
lirrruf the said Corporation has caused this Certificate to be signed
authorized officers and to be sealed unth the seal of the Corporation at Brighton, Colo. this
•
'W3AILVHM 391VH0ANY 801N3W398117N3 80N0l1V8317W
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1 N3H/N9/SSV S/Hl 30 38171 b'N9/S 3111 3,7/JON
ECWIC 41 Incorporated December 6, 1873 under the laws of b' —
the State of Colorado.
• OC��PQ
,n„c�`d'le►,(,� � =, n � ram 6��1
YYY••er
1h
LJUPTOLT,
CAPITAL. STOCK $4,750.
ONES
Wyk), �� .LQ'ZiL�1�Q� �l�Jf�awel.d County Board
i0 ofl'nez of ( .1..). Qn.e
Company, rz Cl i1.0 f e t a ?lie onhi j
zeneez of auk. ceztif1•cate,.
&*j 'raw -rot, t&c ae,ansi e -t:
i..)......O.n e
COL,Ons DO -
83 SHARES OF *so EACH.
of.. County Commissioners
.5fva.zet% of tileeapitat Stocet, of
the Lupton Botton1 Ditch
Ott. tile- 11006 of tin eoLti panty, i-►1 ez4oni Oz a,
` flip atocf%• 6 fvvU -path, arih can °ta & anae�ae
� h now pzo-cyi,eQe
of path icy in 'Dl-tck eo .panieo.
IN WITNESS WHEREOF, this said Certificate is signed by the President and Secre-
tary, and the Seal of the said Company affixed, at the office
Fort Lupton, Colorado, on this 4.�•h � of the Company in
dory of .November 11 • D. 198 8
Secretary.
kje iJupfou 11' IIttUIIt Pitch (iinmpang
FORT LUPTON, COLORADO 80621
March 21, 1989
To: Weld County
From: Lupton Bottom Ditch Company
Re: Capital Stock
r
To Whom It May Concern,
MAR 71989
._
-- I C E
Enclosed you will find certificate *319. This certifies that
you (Weld Cty) own (1) one share of stock in the Lupton Bottom
Ditch Company. If you have any questions regarding this docu-
ment, please call me at the listed telephone number below.
Thank You
Mary E. Salazar, Secretary
enclosed
303-535-4441
Incorporated December 6, 1873 under the laws of the State of Colorado.
LUTON,
CAPITAL STOCK $4,x5o•
Zkat Weld County
tic ovunez. of ( 1 ) one
Company, tznna ez a'?bz o,. it on. ate- fioo&a of ate eolflpavl.-tj, I -1 per -on, oz iitt attozne y, on aurz,-
ze n:bet of
tc1.iw cent' ,ca.tC,. "Oft -i4 atocA'i. i.a fn'Ct paib, atitib can- on.tt &e et.5:w aeb ao now pzcYtibeb
su. f anvv cov t&c- aaoeooni e n't of paib u.p stock 1-n Tack eo iM. panic:.
IN WITNESS WHEREOF, this said Certificate is signed by the President and Secre-
tary, and the Seal of the said Company affixed, at the office of the Company in
(M. .
Fort Lupton, Colorado, on this 21 st day 0arch AD1989
ne.,,
COLORADO -
83 SHARES OF $5o EACH.
:acne-. of ate ea pi ta.f Stoct, of the Lupton Bottom Ditch
Secretary.
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