HomeMy WebLinkAbout20172803.tiffRESOLUTION
RE: APPROVE REQUEST TO RE -ISSUE STOCK CERTIFICATES FOR SHARES OF
STOCK - RURAL DITCH COMPANY
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 Request to Re -issue Stock Certificate
for Shares of Stock from the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and to
Rural Ditch Company, with further terms and conditions being as stated in said re -issuance, and
WHEREAS, after review, the Board deems it advisable to approve said re -issuance
request, 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 Request to Re -issue Stock Certificate for Shares of Stock, from the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, to the Rural Ditch Company be and hereby
is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:diQ;/ � jC.GtO��
Weld County Clerk to the Board
eputy Clerk to the Board
APPROV ' AS
ty At orney
Date of signature: a /11-1117
Steve Moreno, Pro-Tem
Sean P. Conway
arbara Kirkmeyer
c -o : RA) ( OT) , cacee)
2017-2803
EG0074
September 19, 2017
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
Rural Ditch Company
Attn: Angie Swanson
P.O. Box 119
Longmont, CO 80502
Dear Ms. Swanson,
Weld County owns 3.75 shares in the Rural Ditch Company. However, two of the County's original stock
certificates cannot be located. The two certificates that we need to replace are 1.5 shares obtained from
the Villa at Greeley and 0.25 shares from Slovek et al. New stock certificates for the missing shares are
requested. The original documentation demonstrating the County's ownership of these shares is enclosed.
Please contact me at (970) 400-3773 if you have any questions.
Sincerely,
raff
Sta ` Engineer
Weld County Public Works
M'\Water RightsV Pit; (Hokestra)AHokestra Pit Sale`Rural Ditch Share DocumcntstRural Ditch Stock Certificate Letter. dock
STATE OF COLORADO)
SS
COUNTY OF WELD )
CLERK TO THE BOARD
PHONE: (970) 400-4225
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of
Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2017-2803, dated
August 14, 2017, is a duplicate of the original Resolution on file in the Weld County Clerk to the
Board's office.
Attached is the original back-up documentation to the above stated resolution, numbering
twenty (20) pages in total.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 15th day of September, 2017.
CLERK TO THE BOARD
BY:
DEPUTY CLERK TO THE BOARD
Cmt„d- /1)- i3iq
OnBase ID # 1319
MEMORANDUM
TO: Clerk to the Board DATE: August 3, 2017
FROM: Devin Traff, Public Works Department
SUBJECT: BOCC Agenda
Proposal to file an approved resolution with the Rural Ditch Company declaring that two of the
original stock certificates cannot be located and request that they be re -issued. The two stock
certificates that the County needs to replace are 1.5 shares of Villa at Greeley and .25 shares of
Slovak et al, for a total of 3.75 shares of stock. Approximate costs are $200.00 for the certificates
and $500.00 for publishing.
See attached documentation.
2017-2803
M:\Water Rights \_Pit #3 (Hokestra)\I-Iokestra Pit Sale\Rural Ditch Share Documents \ Agenda Item Memo - Rural Stock Certificates.docx
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Re -Issuance of Weld County's Rural Ditch Stock Certificates
DEPARTMENT: Public Works DATE: July 12, 2017
PERSON REQUESTING: Devin Traff
Brief description of the problem/issue:
Weld County is in the process of selling Hokestra Pit along with three and three-quarters (3.75) shares in the
Rural Ditch to the Central Colorado Water Conservancy District (Central). To complete the sale of Hokestra Pit,
the County must transfer valid stock certificates for its shares in the Rural Ditch Company to Central upon
closing. However, two of the original stock certificates for the County shares cannot be located. The two stock
certificates that we need to replace are the 1.5 shares of Villa at Greeley and 0.25 shares of Slovek et al. Proof
that we own these shares is included as an attachment to this pass around.
To obtain new stock certificates, the Board must file an approved resolution with the Rural Ditch Company
Secretary declaring the original stock certificates have been lost and request that they be re -issued. The ditch
company may require the County to provide proof of ownership, which is attested to by the enclosed copies.
Upon verifying ownership of the County shares, the ditch company will publish notice of the demand for re -
issuance at the expense of Weld County. The ditch company issues new stock certificates for $100 each, for a
total of $200. The Ditch Company has indicated that they do not know the price for publication. However, the
publication cost is expected to be under $500. The cost of the publication and the certificate re -issuance will be
taken from the Public Works water rights budget.
If no contrary claim is made within 30 days after the final publication, the ditch company shall issue duplicate
certificates and all rights under the original certificates shall cease.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
1. Agree to file an approved resolution with the Rural Ditch Company declaring that the stock certificates
have been lost and request that they be re -issued
2. Do not file an approved resolution with the Rural Ditch Company declaring that the stock certificates have
been lost and request that they be re -issued
Recommendation:
Public Works recommends approval of this request.
Approve
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
Mike Freeman
Sean P. Conway
Barbara Kirkmeyer
Schedule
Recommendation Work Session Other/Comments:
Incorporated tinder the Laws of the
Stare of Colorado
THE RURAL DITCH COMPANY
Weld County, Colorado
THIS CERTIFIES THAT **The Villa At Greeley, LLC . **
is the earner of *.*.J..{Ys*7.�F
.-•• share .s.,„, of The Rural Ditch Company, paid uF in Pali,
Company an the surrender of this Certificate,
Shares $100.00 each
NO 356'
transferable only on the Books of the
This Meek le subiset to seasa Bent when funds are required b7 the rem many for repair and mahamsaamma or to pay nor in-
dbhdnr of lint mel e emaar. or m the arert Maroon. The ,eompenr reserves the rhino to a heft loon the amok reytesenlal W aertifteme for amp muceeemet Laded neon Mid Meek. tie creamier of this steak tan be made en the books Oche 'umvear
until all sueesmen a and lodebtsdaeea due at the time of said transfer saw paid in boll.
IN WITNESS WHEREOF. the P*esndeut and Secretary have hereunto subscribed their names and caused its corporate Seal
to be hereto affixed at Longmont, Colorado thus _.._.............. . ................Y..rim
1!i 0 3
Secretary
►1H STCX= r RJUNISFSR ORDER
Schell Studios, Gladey, Cole.
May 28 199A_
For value received_..- i t- _hereby sell, assign and transfer unto
s . right, title and interest in and to nnP and a ha 1 f ( 1 5 )Tshares of the capital stock of
The Rural i?i tch Coznj axiy
as evidenced by certificate
No 356 __of said company. Anti i t- _hereby authorize and empower the secretary of said
company to cancel said certifi arid issue a new certificate or certificates to effectuate this transfer on the books
of the company.
In Pr
John
By.
obn _ Managing Partner
. •:
RESOLUTION
RE: APPROVE PURCHASE OF 11AA SHARES OF RURAL DITCH COMPANY STOCK -
THE VILLA AT GREELEY, LLC, AND AUTHORIZE CHAIR TO SIGN
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 Specific Performance Contract.
Agreement and Dry Up Covenant between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and A. Bruce Johnson Sales
Trust Account, with terms and conditions being as stated in said contract and agreement, and
WHEREAS, after review, the Board deems it advisable to approve said contract and
agreement, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Specific Performance Contract, Agreement and Dry Up
Covenant between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of The Villa at Greeley, LLC, be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract and agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of May, A.D., 1998.
ATTEST:
Weld County Clerk twits
BY:
980944
BC0026
dc: CA; F/; V, //a ; SAA on
BOARD OF COUNTY COMMISSIONERS
W, COUNTY, COLORADO
Constance L. Harbert, Chair
Baxter
CaO
SPECIFIC PERFORMANCE CONTRACT
(Water)
de. At
41.4.
May 27 , 19 98
RECEIVED FROM County f Weld •
Purchaser, the sum of $ 1 pp , in the form of company
check , to be bold by A. art4p. Johnson Wee Trust A00Ount
Broker, in his escrow or trust account, as earnest money and part
payment for the following described water (for water stock state
name of company, number of shares, and stock certificate number,
for other rights, state name of structure, amount of decree, date
of decree, Court decree number, permit number, if any, and legal
description of location):
One and a half (1.5) shares of the Capital Stock in the Rural
Ditch Company as evidenced by Certificate number 352,
with all easements and rights of way appurtenant thereto, which
property Purchaser agrees to buy upon the following terms and
conditions for the purchase price of $ 80,000 , payable
as follows:
One thousand dollars as earnest money and part payment hereby
receipted for by broker, $79,000 on or before May 29, 1998
1. Title shall be merchantable in the Seller and Seller
shall provide a copy of the stock certificate(s), or decree(s) if
there is no certificate, upon acceptance of this contract. Subject
to payment as above provided and in compliance with the other terms
and conditions hereunder by Purchaser, Seller shall execute and
deliver an assignment of water stock and/or a water deed or other
instrument conveying free and clear title to the Purchaser on
May 29 , 19 98 , or, by mutual agreement, at an eat
TiF
date.
2. Seller warrants that title to the water will be conveyed
free and clear of all liens, encumbrances, assessments, and leases
of any kind, except (any ongoing costs should be apportioned as of
the date of closing):
Purchaser shall reimburse seller for the 1998 assessments charged
by Rural Ditch Company. Purchaser shall pay the Stock Transfer fee
required by the Rural Ditch Company.
3. If Purchaser makes payment in any manner other than cash
where Seller retains title to the water as security, Seller shall
not encumber the water in any manner after the date of closing.
4. If Purchaser makes payment in any manner other than cash
where Seller retains title to the water as security, such water
stock shall be transferred on the records of the company from
Seller to Seller as mortgagee and Purchaser as equity owner. Pur-
chaser shall, after closing, be responsible for the payment of all
assessments against said stock and Purchaser shall also pay any
stock transfer fees. If the water transferred is other that water
stock and payment is other than cash where the Seller retains title
to the water as security, the water deed or other instrument con—
veying fee simple title and warranting the same, shall be given to
Purchaser at closing and Purchaser shall execute a Deed of Trust
and/or a security agreement naming the water as collateral for the
obligation due.
5. The hour and place of closing shall be:
Mutually agreed between Purchaser and Seller.
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6. • In the event any diversion structures or other devices
necessary for the delivery and use of this water are destroyed or
damaged in any way between the date of this contract and the date
of closing, this contract may, at the option of the Purchaser
herein, be declared null and void and any deposit herein made shall
be immediately returned to Purchaser.
7. Time is of the essence hereof and if any payment or any
other condition hereof is not made, tendered or performed by either
the Seller or Purchaser as herein provided then this contract, at
the option of the party who is not in default, may be terminated by
such party, in which case the non -defaulting party may recover such
damages as may be proper. In the event of such default by Seller,
and Purchaser elects to treat the contract as terminated, then all
payments made herein shall be returned to Purchaser. In the event
of such default by Purchaser, and Seller elects to treat the con-
tract as terminated, then all payments made hereunder shall be
forfeited and retained on behalf of Seller. In the event, however,
the non -defaulting party elects to treat this contract as being in
full force and effect, the non -defaulting party shall have the
right to an action for specific performance and damages.
B. If title to the water is not merchantable and written
notice of defect(s) is given by Purchaser or Purchaser's agent to
Seller or Seller's agent on or before closing and shall not be
rendered merchantable within 30 days after such written notice,
then this contract, at Purchaser's option, shall be void and of no
effect and each party hereto shall be released from all obligations
hereunder and the payments made hereunder shall be returned
forthwith to Purchaser.
9. As further consideration Seller agrees to provide
Purchaser with and assist Purchaser in obtaining , information
showing the historic use of the water delivered and the lands upon
which the water was used.
1O. If this approval is accepted by the Seller on or before
May ,2 , 19 98 , this instrument shall become a
contract between Seller and Purchaser and shall inure to the
benefit of ,the heirs, successor and assigns of such parties.
11. Other provisions:
a) purchaser has copies of the following:Historic use •
affidavit signed by Francis Gregerson; Division office
of the State Engineer for Rural Ditch. Diversion from
1950 through 1995; certificate chain of title from
Seller back to October 1971; and futher acknowledges
the receipt of the Dry Up Agreement on sellers land as
further described therein, an intergral part of this
contract.
12. Seller agrees to pay a commission of$ ,i/dt//.fiSA
9''X►rply wpff0¢ for services in this transaction.
A. Bruce Johnson b ''iates, Ltd, Agent to Seller
By:
igen
Johnson
The Villa v- ek�JJ LL(' •
Sell
Purchaser I �`,-ns�►�+c4-
urchaser Board Chairman65/A*
lIlihItLJ1mU
�OSS �
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2 of 2 R 0.60 D 0.00 .1O idtl Toukomato
om Managing Partner
O9
AGREEMENT AND DRY UP COVENANT
THIS AGREEMENT, made and entered into the 2Z day of May 192$, by and between
the County of Weld, Colorado, hereinafter referred to as "Grantee," and the Villa at Greeley,
LLC hereinafter referred to as "Grantor."
WITNESSETH:
WHEREAS, Grantee and Grantor entered into a Specific Performance Contact for the
purchase of 1 :, shares of the Rural Ditch Company represented by Certificate No. 12
hereinafter referred to as "The Water."
WHEREAS, Grantor has provided information with respect to historic use of the water
rights and agree to provide a "dry up" agreement on the property where the shares were
historically used; and
WHEREAS, Grantor is the owner of property located in Section 2, Township 2 North,
Range 68 West of the 6th P.M., Weld County, Colorado, being more specifically identified as
shown on Exhibit B attached hereto, hereinafter referred to as "The Property," which has been
irrigated by the water rights described above;
WHEREAS, the Grantor, for the protection and benefit of the Grantee, agrees to subject
the property to the covenant, conditions and restrictions hereinafter set forth in this agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto it is agreed as follows:
I . Grantor agrees that hereafter there will be no irrigation of the 54 acres more or
less of the property or vegetation grown on the 54 acres of the property by water
historically used to irrigate the property identified on Exhibit B, without
Grantee's written consent. The purpose of this covenant is to insure that the
consumptive use credit of the Grantee is not impaired in any way by water use on
the property.
2. Grantee gives written consent herein that Grantor may grow normal landscape
vegetation with irrigation from a new source.
3. The foregoing covenant shall burden the Grantor's and Grantor's successors in
interest to the property and shall run with the property, shall benefit the Grantee
and Grantee's successors in interest and shall run with The Water.
4. The terms of and provisions of this agreement shall not expire and shall be
perpetual unless specially released by Grantee or its successor in interest in
writing.
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The Villa at Greeley, LLC.
Board of Commissioners
Weld County, Colorado
by
Constance L. Harbert{halrlOen 65/7/9
1glalliEnn In
2 .t $ R COO D CIO JA Bunt TsukM.t.
Exhibit "B"
Parcel 1: Lot 'A' of Amended Recorded Exemption No. 1313-2-3-RE730 according to the map
recorded April 6, 1987 in Book 1152 as Reception No. 2095052, being a portion of the SW% of
Section 2, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado except
Lot 1 of the Ft. Junction PUD, First Filing, Weld County, Colorado.
Parcel 2: Lot 1 of the Ft. Junction PUD, First Filing, Weld County, Colorado.
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972113
RESOLUTION
RE: APPROVE HOKESTRA GRAVEL PIT AGREEMENT AND AUTHORIZE CHAIR TO
SIGN
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 an agreement regarding the Hokestra
Gravel Pit among the County of Weld. State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and John P
Slovek, Jr., Gary W. Slovek, Michael S. Slovek, Joan Leslie Stearns and Patricia Fox (The
Slovaks), and Raintree, LTD, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 agreement regarding the Hokestra Gravel Pit among the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Public Works, and John P. Slovek, Jr., Gary W.
Slovek, Michael S. Slovek, Joan Leslie Steams and Patricia Fox (The Sloveks), and Raintree,
LTD be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of September, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
E. Baxter, Chair
e L. HaTem
�n P� i.S/U2�As, ,1410 es chi/2uberis, eahr,
EG0036
333
AGREEMENT
1. PARTIES. The parties to this Agreement are JOHN P. SLOVEK, IR., GARY
W. SLOVEK, MICHAEL S. SLOVEK, JOAN LESLIE STEARNS and PATRICIA
FOX, (Sloveks), RAINTREE, LTD., a Colorado corporation (Raintree), and the
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
(County), a body corporate and politic operating pursuant to the laws of the State of
Colorado and Weld County home rule charter. The Sloveks, Raintree and County are
collectively referred to as the parties.
2. RECITALS. The Slovaks own the real property described in EXHIBIT A (the
property). Portions of the property have been leased to the County for mining of
sand, gravel and aggregate pursuant to a "Mining Lease For HOKSTRA PROP-
ERTY For Sand, Gravel And Aggregate" recorded in the Clerk and Recorder's
office, Weld County, Colorado, Reception No. 02128314 and a "Mining Lease For
SLOVEK PROPERTY For Sand, Gravel And Aggregate" recorded as Reception
No. 02128315 in the Weld County Clerk & Recorder's office. The two leases are
collectively referred to as the "Lease Agreements." The County has completed its
mining operations pursuant to the Lease Agreements. The parties, therefore, desire
to finally resolve their respective obligations under the Lease Agreements. Raintree
has contracted to purchase the property and the Slovaks and County agree that
Raintree should approve this Agreement.
NOW, THEREFORE, the parties agree as follows:
3. TRANSFER OF ONE -QUARTER RURAL DITCH SHARE. Contempora-
neously with the execution of this Agreement, Sloveks shall cause the transfer of a
one -quarter share of stock in the Rural Ditch Company to the County. County shall
be entitled to claim all of the historic use credits associated with said one -quarter
share in proceedings in the District Court for Water Division No. 1, State of Colo-
rado or in any other forum.
4. COMPLETION OF RECLAMATION. Sloveks agree that the County has
completed to Sloveks' satisfaction reclamation of the property as required by the
applicable permits issued by the Mined Land Reclamation Board and Weld County.
Sloveks agree to execute forms necessary to indicate Slovaks' approval of the
reclamation.
5. SATISFACTION OF AUGMENTATION REQUIREMENT. The County
agrees that Sloveks, after the transfer of the one -quarter share of Rural Ditch
specified in 13 above, shall have no further obligation pursuant to 14 entitled
"Water" in each of the Lease Agreements. The transfer of the one -quarter share of
Rural Ditch shall fulfill all of Sloveks' obligations pursuant to that paragraph of each
of the Lease Agreements. RE -ORDER'S MEMORANDUM
Td:S ^Ct::: T WAS rOUND
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972113
6. NO EXPANSION OF AUGMENTATION OBLIGATION. The mining
conducted pursuant to the Lease Agreements has resulted in the creation of gravel
pits which are filled with ground water. Because the ground water is exposed to the
atmosphere, evaporation of a certain amount of ground water occurs. The County is
obligated pursuant to the Lease Agreements to replace the depletions to the South
Platte River and its tributaries that result from the evaporation to the extent required
by Colorado law. Said obligation shall survive and continue after this Agreement.
Sloveks agree that should they reconfigure or expand the gravel pit resulting in the
obligation to replace the depletions caused by evaporation to the South Platte River
and its tributaries to increase, then the increased or incremental amount of replace-
ment water required shall be the obligation of the Sloveks. Should the Sloveks
reconfigure or expand the gravel pits causing increased depletions, and said deple-
tions resulting from increased evaporation are replaced by the County in a plan for
augmentation or substitute supply plan, the Sloveks shall be responsible for a portion
of the County's reasonable legal and engineering costs in adjudicating the plan for
augmentation or obtaining approval of a substitute supply plan. The Sloveks' portion
of the costs shall be calculated by dividing the increased depletions by the total
depletions that are required to be replaced and multiplying that percentage by the
County's reasonable legal and engineering costs. For example, if the present deple-
tions that are required to be replaced are 40 acre feet per year and the Sloveks'
reconfiguration or expansion causes an additional ten acre feet to be replaced, then
the Sloveks shall be responsible for 10=50 or 20% of the County's reasonable legal
and engineering expenses in such adjudication.
7. NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently given for all purposes if sent by
certified or registered mail, postage and fees prepaid, addressed to the party to
whom such notice is intended to be given at the address set forth below, or at such
other address as has been previously furnished in writing to the other party or
parties. Such notice shall be deemed to have been given when deposited in the U.S.
Mail.
SLOVEKS:
John P. Slovak, Jr. Gary W. Slovak,
Michael S. Slovek, Joan Leslie Stearns
and Patricia Fox
4777 Weld County Road 24 'h
Longmont, CO 80504
COUNTY:
Board Of County Commissioners
Weld County, Colorado
P.O. Box 758
Greeley, CO 80632
O:1CLIENTLV VJKIOLOW-AOR-WITH-CTY.000
2
COPY TO:
Jeffrey I. Kahn, Esq.
Grant, Bernard, Lyons & Gaddis, P.C.
P.O. Box 978
Longmont, CO 80502-0978
COPY TO:
Weld County Attorney
P,O. Box 1948
Greeley, CO 80632
2573333 8-1631 E-498 10/09/1997 10:1,9A PG 2 OF 10
09/10/117 4,13 ON
972].13
RAINTREE:
Raintree, Ltd.
11184 Huron Street, Suite 17
Northglena, CO 80234-3344
COPY TO:
Zahn
, ?o . Yea -es
tenverr, CO $0236
S. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only
for convenience and reference, and are not intended in any way to define, limit, or
describe the scope or intent of this Agreement.
9. EXHIBITS. All exhibits referred to in this Agreement are, by reference,
incorporated in this Agreement for all purposes.
10. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute
any additional documents and to take any additional action necessary to carry out
this Agreement.
11, GOVERNING LAW. This Agreement shall be governed by the laws of
Colorado.
12. BINDING EFFECT. This Agreement shall inure to the benefit of, and be
binding upon, the parties, and their respective legal representatives, successors, and
assigns; provided, however, that nothing in this paragraph shall be construed to
permit the assignment of this Agreement except as otherwise specifically authorized
in this Agreement. This Agreement shall specifically run with the land described in
EXHIBIT A.
DATED: G1- J. b -R?
SLOVEKS:
P. Slovek, Jr. j -a
fri,
Guy W. 3lovek
lad S. Seesk
O'IGLIENTlUUJNWLOVJ-MR.W ITN.CTY OOG
Patricia Fox
2571333 B-1631 P-498 10/09/1997 10:18A PG 3 OF 10
0N1 Nl 1:66 PM
97 .;113
COUNTY:
16
ATTEST:
County ark to the Board
ATTEST:
By' 09/29/97
Its: lx.e.Smartt of County Commissioners
RAINTREE:
Its:
STATE OF COLORADO )
)ss.
COUNTY OF ( rz[/cCe )
The foregoing instrument was acknowledged before me this '):day yE
Sep1-4.i w 4,, . 1997 by _ sic,
my hand and official seal.
My Ca�kaion Expira N130.99
My commission expires: 1250 Sc. Haverit
STATE OF COLORADO
COUNTY OF
of . ti CQ>yi
The foregoinstrument was acknowledged before me this 2 day of
74. T#
1997 by .4' f9 f%,r_ T.
Witness my hand and official seal.
My commission expires:i-
Notary
O:tCLIINTKIuDom OVJ.AGRANITN.CT►,DOG
2573331 8-1631 P-498 10/09/1997 10:18A PG 4 OF 10
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Mme.
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972113
STATE OF COLORADO )
)ss.
COUNTY OF idle) e )
T a f
remain was acknowledged before me this g't�(a{y of
1997 by yxt n oPra...Q(,,/ �L/ tQQh rt/J
l
aigtd and official seal.
ye P +m piss: �(G710 /ask...4.1%
lr ';
R � N. try Public
STATE OF COLORADO
COUNTY OF Aka,
)
)as.
The . a • ins instrument was acknowledged before me this Aft day _ of
1997 by 1111/11 ,1. stripe
•
ffIlijk MY b and official seal, 51a
I
y d q.o- ,•� pima:
STATE OF COLORADO
COUNTY OF I s- L(Zr��ai
)
)ss.
Notary Public
The foregoing, instrument was acknowledged acknowledgetbefore me t is D5 —day of,
,,;00 , 1997 by
Witness my hand and official seal.
My Commission ENpkq
My commission expires: D3a6Y
30. akar
Longmont, cc
D'aAIENTIUUJ nULOVJ.AON•W IT*GTT.DDO
Notary Public
00119197 0117 PM
2573333 8-1631 P-498 10/09/1997 10:18A PC 5 OF 10
0.'2113
STATE OF COLORADO )
)u.
COUNTY OF BOULDER )
Subscribed and sworn to before me this 26th day of September 1997 by John
Roberts, Vice President of ftail ee-liaamses. t}f¢it., Ltd
Witness my hand and official seal.
My commission expires: 09/19/1999.
Notary
2573333 B-1631 P-498 10/09/1997 10:18A PO 6 OP 10
J
ttettrntN•t~
972113
DATED
EXHIBIT A-1
TO: AGREEMENT
PARTIES: MICHAEL S SLOVEK, GARY SLOVEK AND JOHN P. SLOVEK,
JR., JOAN L. STERN AND PATRICIA FOX, RAINTREE HOMES,
INC. OR RAINTREE, LTD , and the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO
SEP 2 3 197
j.egai Description
A parcel of land being part of the Northwest Quarter of the
Northeast Quarter (NW1/4 NE1/4) of Section 2, Township 2 NOrth,
Range 68 West of the 6th Principal Meridian, also part of the
Southwest Quarter of the Southeast Quarter (SW1/4 S$1/4) of
Section 35, Township 3 North, Range 68 West of the 6th Principal
Meridian all in Weld County, Colorado and being more particularly
described as follows:
BEGINNING at the Northeast Corner (NE Cor) of said NW1/4 NE1/4
and assuming the North line of the Northeast Quarter (NE1/4) of
said Section 2 as bearing North 89.23'22" East with all other
bearings contained herein relative thereto:
Thence -South 0G•SQ'3Q' West along the East line of said NW1/a
NE1/4. 562.62 feat to a poin'y""on -the North tan1c_o: the Las_
Chance Ditch;
Thence along the North bank of said Last Chance Ditch by the
following one CI) course and distance
South 73-16'43" West, 585.98 feet
Thence North 00.19'01" West, 331.12 feet;
Thence North 68.18'12" East, 158.76 feet;
Thence North 17'21'01" West, 643.35 feet to a point on the South
bank of the St. Vrain River as it existed on December 16, 1987;
Thence along said South bank by the following one (1) course and
distance
North 66°53'23" East, 158.20 feet
Thence South 12+37'56" East, 610.89 feet;
Thence North 74.17'35' East, 341.36 feet to a point on the East
line of said SW1/4 SE1/4;
Thence South 00.21'24' East along said East line, 337.02 feet to
the POINT OF BEGINNING,
Said described parcel of land contains 13.531 acres, more or
less, and ix subject to any rights -of -way or other easements as
granted or reserved by instruments of record or as now existing
on'said described parcel of Land.
'2573133 B-1531 P-498 10/09/1997 10:18A PG 7 OF 10
972113
DATED
EXHIBIT A -2
TO: AGREEMENT
PARTIES: MICHAEL S. SLOVEK, GARY SLOVEK AND JOHN P, SLOVEK,
JR., JOAN L. STERN AND PATRICIA FOX, RAINTREE HOMES,
INC. OR RAINTREE, LTD., and the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO
SEP 2 3 1997
Legal Description
A parcel of land being part of the Northwest Quarter of the
Northeast Quarter (N111/4 1181/4) of Section 2, Township 2 North,
Rang. 68 West of the 6th Principal Meridian, also part of the
Southwest Quarter of the Southeast Quarter (5111/4 Sill/4) of
Section 35, Township 3 North, Range 68 Vest of the 6th Principal
Meridian all in Weld County, Colorado and being wore particularly
described as follows:
BEGINNING at the North Quarter Corner N1/4 Car) of said Section 2
and assuming the North line of said Northeast Quarter (NE1/4> of
said Section 2 es bearing North 89.23'22" East with all other
bearing contained herein relative thereto;
Thence -North OC"--36=:?x- 4est-- along-..the--:West..1_ne _ a=. said SW1/4
SE1/4, 535.90 feet to the centerline of the
3t. 1ra_n R;_ver as it existed on December 16,
Thence along the centerline of said St. Vrain
on December 16, 1987 by the fallowing ape (1>
North 65.46'37" East, 1421.21 feet to
fine of said SWL/4 SE1/4;
Thence South 00.21'24" East along said East
Thence South 74'17'35" West, 341.36 feet;
Thence North 12.37'56" West, 610.89 feet to
bank of the St. Vrain River as it existed on
Thence along said South bank as it existed
by the following one (1> course and distance
South 66"53'23" West, 158.20 feet;
Thence South 17.21'01" East, 645.35 feet;
Thence South 68'18'LZ' West, 158.76 feet;
Thence South 00.19'01" East, 831.18 feet to
bank of the Last Chance Ditch;
Thence along the North bank of said
following two (2) courses and distance
South 45'07'44" Weal:, 206.14 feet;
South 64'50'03" West, 569.34 feet
Line'of said NW1/4 NE1/4;
Thence North 00"42'00" East
to the DOINT OF BEGINNING
along said
main channel of the
1987;
River as it existed
course and distance
a point on the East
line. 765.34 feet;
Last
a point on the South
December 16, 1987;
on December 16, 1987
a point
Chance
to a point
West line,
on the
North
Ditch by the
on the West
1147.38 feet
Said described parcel of land contains 36.236 acres, more or
less, and is subject to any rights -of -way or other easements as
granted or resepved by instruments of records or as now existing
on said described parcel of land.
972113
EXHIBIT A -3
TO:
PARTIES:
DATED*.
AGREEMENT
MICHAEL S. SLOVEK, GARY SLOVEK AND JOHN P. SLOVEK,
JR., JOAN L. STERN AND PATRICIA FOX, RAINTREE HOMES,
INC. OR RAINTREE, LTD , and the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO
SEP Z 3 1987
Lean! Deacrigtioq
A parcel of land being 411 that part of the Northeast Quarter of
the Northeast Quarter (NE1/4 NE1/4) of Section 2, Township 2
North, Range 68 West of the 6th Principal Meridian, also part of
the Southeast Quarter of the Southeast Quarter (SE1/4 Sc1/4) of
Section 35, Township 3 North, Range 68 West of the 6th Principal
Meridian all in Weld County, Colorado as recorded on November 5,
1987 in Hook 1175 under Reception Number 02120263 of the records
of the Weld County Clerk and Recorders lying Northwesterly and
Northerly of the following described line, which is the North
bank of the Last Chance Ditch and being more particularly
described as follows:
3e,G:NNING at the Northwest Corner (NW Cor) of said NE1/4r NFl/4 as
*ort¢amarted- by a +4 rebate math aluminum cap:. atamped ?11413 and
assuming the West line of said NE1/4 NE1/4 as bearing South
00.16' West as indicated in aforesaid legal description, with all
other bearings contained herein relative thereto;
Thence South 00.16' West along said West line, 562.6 feet to a
point on the Northwesterly bank of the said Last Chance Ditch.
Said point being the TRUE POINT OF BEGINNING of said lino
description; -
Thence along the Northwesterly and Northerly line of said Last
Chance Ditch by the following three (3) courses and distances
North 49.01' East. 290.5 feet
North 72.03' East, 201.1 feet
• South 88.11' East,- 67 feet, more or less to a point on the
East line• aforesaid legal description. Said point being the
TERMINUS POINT of said line description.
Said described parcel of land contains 5.9
and is subject to any rights -of -way or other
or reserved by instruments of record or as
described parcel of land.
acres, mare or less,
easements as granted
now existing on said
2573333 8-1631 P-498 10/09/1997 10:18A PG 9 OF 10
972113
DATED...
EXHIBIT A -4
TO: AGREEMENT
PARTIES: MICHAEL S. SLOVEK, GARY SLOVEK AND JOHN P. SLOVEK,
JR., JOAN L. STERN AND PATRICIA FOX, RAINTREE HOMES,
INC. OR RAINTREE, LTD., and the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO
SEP 2 3 1997
Legal Description
A parcel of Land being all that part of the Southeast Quarter of
the Southeast Quarter (SE1/4 Sc./4) of Section 35, Township 3
North, Range 68 West of the 6th Principal Meridian, Weld County,
Colorado as described in Rook 832 under Reception Number 1753384
as recorded play 16, 1978 in the records of the Weld County Clerk
end Recorders and being that part of said parcel of land lying
Southeasterly of the centerline of the vain channel of the St.
vraib liver as it existed on December 16, 1987, The centerline of
the mainchanneL of said St. Vain River being more particularly
described as follows:
BEGINNING at the Northwest Corner (pw car) of said 5E/14 SE_/4 as
motfeeeeted—by a-_44_ o8 :Feb^"` "_.th.,ia.luminum.
• - P• s ramped. t.11415 and
assuming the West line of said 3E1/4 Sc /4 as Searing South
00016' West as indicated in aforesaid legal description with all
other bearings contained herein relative thereto3
Thence South 00.15' West along said Wast line, 235,9 feet to a
paint on the centerline of the main channel of said St. Vrain
River. Said point being the TRUE POINT OF BEGINNING of said line
description:
Thence along the centerline of the main channel of said St. Vrain
giver as it existed on December 15, 1987 by the following three
(3) courses and distances
North 78.25' East, 334.3 Peet
North -71.15' East, 312.8 feet
North 54.27' East, 118 feet, more or less, to a point on
the North line of said $6I/4 SE1/4. Said point being the
TERMINUS POINT of said line description.
Said parcel of land contains 19 acres, more or lees, and is
subject to any rights -of -way or other easements as granted or
reserved by instruments of record or as now existing on said
described parcel of land.
2577333 8-1631 P-498 10/09/1997 10:18A PG 10 OP 10
972113
WALLA.ORANI
DANIEL r swlr,�
RIOTARD N. LYO e. II
HRR,RRYL KAHN
It WILLIAM aua R.
!WNW. GAMS
MAOIST A BILL
s78VRN P. anon
CAMERON& avow
NERDY S. EMU
SELAND. 17IIDR.
ZARIO SANTA CIRIRAN
Lee Morrison, Esq.
Assistant County Attorney
Weld County
P.O. Box 1948
Greeley, CO 80632
GRANT, BERNARD
LYONS & GADDIS
A ?ROSH SSIONAL CORPORATION
ATTORNEYS AND COONSRLORS
September 26, 1997
SI! =MARK smRR6r
POST OPPICR DORM
LONONONT. COSo}7S.g1S
7!}776-9900
DIf07VSR !71,7706
FAX 4IMOOS
&MARS^
VIA HAND DELIVERY
Re: Original Agreement between Sloveks, Raintree, Ltd., and Weld County
Dear Mr. Morrison:
Enclosed is the original Agreement which has been signed by everyone except the
County. Please let us know as soon as it is approved by the County. After it is fully
signed, we would appreciate it if you would forward us a copy by mail and facsimile.
Enclosed is a self-addressed, stamped envelope for your convenience in mailing us a
copy.
Regarding recordation, unless we hear otherwise, we will assume you are recording
the original. Also, we would like a copy of the cover page showing the recording
information once that has been completed.
Thank you for your assistance in this matter. If you have any questions, please
contact either Jeff Kahn or me.
/kk
Enclosure
cc: John Slovek (w/o enclosure)
John Roberts (w/o enclosure)
j jkl.lovjtmorrises-1-77116
Sincerely yours,
GRANT, BERNARD, LYONS & GADDIS,
a Professional Corporation
Kim L. Fe y, ALS
Legal Assistant to Jeffrey J. K
L.it G oted It
/a/f/49 - cm'
972113
WAU.Ar3IL CRAM'
DANK. P. I1RtAt6
RICHARD N. LYON;
SWIM I. EARN
H WILIAlSmOI It
100,1 W. OADM
=MAYA. VARL
7BVOIP. AMU
CANER=A GRANT
WINDY L ROOM
SIlZAND.?II1
CAPNMARA=IAN
Lee Morrison, Esq.
Assistant County Attorney
Weld County
P.O. Box 1948
Greeley, CO 80632
Re: Slovak
Dear Lee:
GRANT, BERNARD
LYONS & GADWS
A PROP* S SIONA I. CORPORATION
ATTORNEYS AND COUNSCLOIS
September 19, 1997
S1P R.DISARI mum
POST OPPRa Rox 97S
LONO►w , CO,SS2-oifl
]01.1160900
DIMMER 57145N
PAX 4I}1 SOS
&4L1r. ilaaas
Enclosed is a revised proposed agreement. Rather than redline it, I will enumerate the
changes:
1. The reference to "Slovaks" in ¶1 has been added.
2. The buyer will be Raintree, Ltd., a Colorado corporation.
3. In 12, the reception number of the Hokstra property lease has been confirmed.
4. In 16, the phrase "their heirs, successors and assigns" has been deleted in two places.
Instead, in 112 the last sentence has been added. A typographic error has been corrected
referring to the South Platte River and "Its" tributaries (instead of "this"). I have
incorporated your suggestion in at the end of the paragraph, with some addition.
5. The County attorney has been added in 17 per your request.
Approval by the Commissioners on September 29 is acceptable. Let me know if anyone else
should attend or whether you want any other changes. I will circulate for signature and get
to you before September 29. Thank you for your cooperation.
JJK:kk
Enclosure
cc: John Slovek (w/enclosure)
John Roberts (w/enclosure)
Sincerely yours,
GRANT, BE ARD, LYONS & CADDIS,
a profess I Corporation
t. Kahn
jj k\slovj\morri son -I-7766
972113
Incorporated Under the Laws of the
State of Colorado
THE RURAL DITCH COMPANY
Weld County, Colorado
Shares $100.00 each
NO -Al 8 —
THIS CERTIFIES THAT Weld County Cnmmi_ssioners -
is the owner of - -1 & 1/2 —share _S__ of The Rural Ditch Company, paid up in full, transferable only on the Books
of the Company on the surrender of this Certificate.
This stock is subject to assessment when funds are required by the company for repair and maintenance, or to pay any in-
debtedness of the company, or the interest thereon. The company reserves the right to a lien upon the stock represented
by this certificate for any assessment levied upon said stock. No transfer of this stock can be made on the books of the
company until all assessments and indebtedness due at the time of said transfer are paid in full.
IN WITNESS WHEREOF, the President and Secretary have hereunto subscribed their names and caused its corporate Seal
to be hereto affixed at Longmont, Colorado this 14 day of August, 2017,19
Secretary
V•ts .,.President
Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Ok will do!
Devin Traff
Tuesday, February 20, 2018 2:24 PM
Esther Gesick; Bruce Barker
Chloe Rempel
RE: Rural Ditch Share Certificate
From: Esther Gesick
Sent: Tuesday, February 20, 2018 2:22 PM
To: Devin Traff <dtraff@weldgov.com>; Bruce Barker <bbarker@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>
Subject: RE: Rural Ditch Share Certificate
Please go ahead and bring it by. We can scan it in with the Resolution requesting the re -issuance and then have
everything in the safe for Bruce when needed.
Thanks for confirming, Devin!
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758JGreeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Devin Traff
Sent: Tuesday, February 20, 2018 2:16 PM
To: Esther Gesick <egesick@weldgov.com>; Bruce Barker <bbarker@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>
Subject: RE: Rural Ditch Share Certificate
Yes, my understanding is that this will be a part of the closing. I can either hold onto it here or bring it by to store with
the 0.25 share that will be delivered to Bruce, either way is fine with me. Let me know what would work best.
From: Esther Gesick
Sent: Tuesday, February 20, 2018 1:51 PM
To: Devin Traff <dtraff@weldgov.com>; Bruce Barker <bbarker@we!dgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: FW: Rural Ditch Share Certificate
1
Hi Devin,
Is the attached Stock Cert. related to the Resolution #2017-2803 attached? If so, when I read the memo is sounds like
we need to turn over the original Cert to the Central Weld County Water Conservancy District as part of the closing.
Bruce?
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758IGreeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Devin Traff
Sent: Tuesday, February 20, 2018 1:17 PM
To: Chloe Rempel <crempel@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: Rural Ditch Share Certificate
Chloe,
The County was recently issued a certificate for its shares in the Rural Ditch Company (attached). I'm guessing we will file
this somewhere in the archive with the other ditch company certificates. Can I swing by this afternoon to drop off the
original?
Thanks,
Devin Traff
Staff Engineer
Public Works Department
1111 H St, Greeley, CO 80631
tel: 970-400-3773
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
Hello