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Home My WebLink About760368.tiff RESOLUTION RE: AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND THE HUMANE SOCIETY OF WELD COUNTY, INC. , FOR THE SALE OF A TRACT OF LAND CONTAINING 3. 476 ACRES, MORE OR LESS, TO THE HUMANE SOCIETY OF WELD COUNTY, INC. , FOR THE PURPOSES OF ESTABLISHING A COUNTYWIDE ANIMAL SHELTER. WHEREAS, Weld County has determined that there is a need for a countywide animal shelter to serve the citizens of Weld County, Colorado, and WHEREAS, the Humane Society of Weld County, Inc. , is desirous of establishing an animal shelter facility to serve the citizens of Weld County, Colorado, and WHEREAS, Weld County and the Humane Society of Weld County, Inc. , are desirous of entering into a contract for the sale of a parcel of land con- taining 3. 476 acres, more or less, to the Humane Society of Weld County, Inc. for the establishment of a countywide animal shelter, and WHEREAS, the Board of County Commissioners, Weld County, Colorado, believes it to be in the best interest of the County to enter into such agreement on the basis recited therein. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the agreement between Weld County, Colorado, and the Humane Society of Weld County, Inc. , a copy of which is attached hereto and made a part hereof by reference, be, and it hereby is approved. BE IT FURTHER RESOLVED, that the Board be, and it hereby is, authorized to execute the agreement as submitted and to make the same effective as indicated in the agreement. BE IT FURTHER RESOLVED, that the Board be, and it hereby is, authorized to execute the Warranty Deed as provided for in said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following,vote on the 12th day of May, A.D. , 1976. y/' ( BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO �7 Weld County Clerk and Recorder .74 ia& /fin",/,`. tr4Q/ and Clerk to the Board r $y Deputy unty Yltf1�/ ePROVED AS TO(FORM: y G9 * y C F li,. . 7• i �) ( - (; -4/722*77/4/1.e Special Leal Counsel ?ii)C-:/ 64 PL0964 760368 L /}5' L7 AGREEMENT THIS AGREEMENT entered into this 12th day of May 1976, by and between THE HUMANE SOCIETY OF WELD COUNTY, INC„ hereinafter referred to as Society, and WELD COUNTY, by and through the Board of County Commissioners, Weld County, Colorado, hereinafter re- ferred to as Weld. WITNESSETH: WHEREAS, Society is engaged in the activity of providing shelter care for unwanted or uncontrolled dogs, cats and other animals within the County of Weld, and WHEREAS, Society is desirous of building a new animal shelter and is in need of certain land on which to construct said shelter, and WHEREAS, Weld is in need of an animal shelter facility in order to implement effective animal control within the County and for the use of the citizens of Weld County. NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties hereinafter set forth, it is mutually agreed as follows: 1 . Weld hereby agrees to sell and Society hereby agrees to buy a certain tract of land located in the Southeast Quarter of Section 1, Township 5 North, Range 65 West of the 6th P. M. , Weld County, Colorado, containing 3. 476 acres, more or less. 2. In consideration for said sale of land Society agrees to pay Weld the sum of One Dollar ($1 . 00) and further agrees that Society will construct and operate an adequate animal shelter on said property as a county-wide animal shelter facility. 3. The parties hereto agree that this contract shall become a part of the deed conveying said property from Weld County to The Humane Society of Weld County, Inc. 4. Society agrees that at any time said property shall not be used for animal shelter purposes that title to said property shall revert to the County of Weld. 5. This agreement constitutes the entire agreement between Society and Weld and may not be modified, amended, altered, or changed unless in writing and signed by Society and Weld. 6. This agreement shall be governed by and construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, this agreement has been duly executed the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO p � ATTEST: 1 Weld County Clerk and Recorder 6 {cam4 7—i--r-r 1 / and Clerk to the Board i / e — By .i (. (z K IDeputy Coun Clerk /P 1,OVF.6 AS 'TOFX(l�RMJ:(} ) ..�r```, `,t ifs lJ 7 L. _o Special Legal Counsel t) THE HUMANE SOCIETY OF WELD COUNTY, INC, ATTEST: �� C . By :14'_J i_ i' G7 1 r7 F' >r_. President Secretary (Seal) -2- RECEIPT FOR CERTIFIED MAIL-300 (plus postage) SENTToHumane Society of Weld Co. Ponoh7v ATTN: Jerre Largent STREET AND NO. 8th St. and 85 Bypass Lc) P.O., STATE AND ZIP CODE c� Greeley, Colo. 80631 5/13/76 e-) - OPTIONAL SERVICES FOR ADDITIONAL FEES '.t1 RETURN 1. Shows to whom and date deli 150 With delivery to addressee only.. 650 RECEIPT 2, Shows to whom,date and where delivered.. 354 SERVICES With delivery to addressee only 85d DELIVER TO ADDRESSEE ONLY 500 6 SPECIAL DELIVERY (extra fee required) , Z PS Form NO INSURANCE COVERAGE PROVIDED (See other side) Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL n GPO:1a720-4eo-943 C Cryi CI (1" ‘...`'t..=N--) C- i ( c-(L (.,.., L„/ a 1 2 /� 2-2- ().() C ,- r-- Tc > e J) /u>t ( i/ U: t v z F a r-I D I NRWM i :"j! ! 1tPi111iT ;Li'luhIJ W •,-1 in 13 $ $ 0 $ 0 $ . rove u g s E gli � g m 0 "') Vd e1 1rv` r A - uS PS Form 3811, i.e. tin Minos NNDSS►, NNN4FIMRY. NSMDD AID CERTIFIED MAIL TI I. iNo. 36. WARI[ANry n Street, u.slyer,e;uraco THIS DEED, 3.ncc. tI.is 12th day of t iy in the >n_: of our Lord i it ii one thousand nine hundred and .=aVCnty-ShE between GVEL ) (:O UN 1, COJ.URADO, a Quasi XIuoicrpai Corporation, 2 of the County of tt OLCS and Stone of Colorado, of the first part it I'i ' '_\ nSO( if? l V O] WELD e C 1oi\T1 INC. , Colorado o Cornoration ilof the County o W aid and Stn e of Colorado, of t s,coud part: Ae;l'1 L ..JJhLI That the said party of the first part, for and in cronsideration of the sum of ,t ., One & ao 100 dollar alai other c» l �_n c; slit �. ,_1:^n. i I to the sad part}' of the first part rt in hand by the sa.d part 1 of 11,2 SeColld part, the I receipt a ucnf is hureLy confessed and a dodged, ha S granted, bergs:i.d, sold and conveyed, 1 and by those proscu s itdS grant, bargain, sell, convoy and confirm, unto t: said part : of the second part, 11 l eic.-awl assigns forever, all the following- described lot or parcel . of land, situate, lying idol being in the County of btCld and State : of Colorado, to-wit: it iI ll Sec 1:xh,ibit A atinehea berate it ii I; I l l lI ll I: it it iI ti l; li II it il TOGETHER. with all and singular the bored itaments and appurtenances thereci n belonging, or in any wise appertaining, and the reversion and reversions, remainder and rental nders, rents, issues, and profits thereof; and I', • all the estate, right, interest, claim and demand whatsoever of the said part y of the first part, either in law or eq'si^.y. of, in and to the above bargained premises, with the horedit:anents and appurtances. jTO II\k13 AND TO MOLD ishe said promises above bargained and described, with appurtenances unto the said part y of the second part, its heirs-and-assigns forever. And the said party ii of the first part, for it self 11S heirs, executors, and administrators, do CS covenant, II grant, bargain and agree to and with the said part t- of the second part, HIS heirs and assigns, that at the time of the ensealing and delivery of these presents it LS wen seized of the li premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee fl simple, and ha S good right, full power and lawful authority to grant, bargain, sell and convey the same in II manner and form as aforesaid, and that the saute are free and clear from ail former and other grants, bargains, sales, lions, taxes, assessments and encumbrances of whatever kind or nature soever. SuHi cot to any i it exceptions, conditions, rest rictions and reservations of record also subject I'; to nil subsor,uaut real property taxes that may be assessed and payable covering,, subject property. :I and the above bargained premises in the quiet and peaceable possession of the said part of of the ij second part, i i H heirs and assigns, against all and every• i prison or per�lons lawfully tl uw ng ur to li claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND 'iI PORE\'Ei DEFEND. II IN WITNESS WHEREOF, The said part y of the first part ua S hereunto sot 1 tS I: hand and seal the day and year first qoovc written. I 1;isi tu ost, , O .rsi-_Ai helot] Co J //1 / - a u Si Sealed and Dive elred in the Presence of i't`L1.�gn:: d, i 2—Al L(.;.C.f_'�)' __.__[SEAL] � 1 i - _. .... _ [SEAL] I i ` [SEAL] II EN! 131T A A tract of land located in the Southeast Quarter ( SE ; of Section 1 , Township 5 North , Range 65 West of the 6th P. M. , Weld County , Colorado , lying North and West of the Ogilvy Ditch as the same is now constructed, and being more particularly described as follows : Beginning at the North Quarter Corner (N' Cor . ) of said Section 1 , and considering the North-South centerline of Section 1 , as bearing South 00033 ' 14" West , with all other bearings contained herein being relative thereto ; Thence South 00°33 ' 14" West , along the North-South centerline of said Section 1 , 3175 . 57 feet to a point on the Southerly R-O-W line of Colo . State Hwy No. 233 ; Thence along said Souther ' R-O-V line North 78°10 ' 11" Gast , 1100 . 70 ' to a point , said point being the True Point of Beginning ; Thence continuing alone said Southerly R-O-W line North 78010 ' 11" East , 312 . 63 ' to a point on the approximate Northwesterly R-O-W lino of the Ogilvy Ditch as the same is now constructed ; Thence along the approximate Northwesterly R-O-N line of said Ogilvy Ditch the following courses and distances : South 16°52 ' 20" East , 86 . 12 feet ; South 21°42 ' 40" East , 213 . 39 feet ; South 09°28 ' 09" West , 84 . 09 feet ; South 50°06 ' 41" West , 103 . 06 feet ; South 77°33 ' 22" West , 135 . 50 feet ; South 79°23 ' 31" West , 159 . 38 feet to a point ; Thence leaving said Ogilvy Ditch R-0-N and continuing North 03°47 ' 04" West , 425 . 12 ' to a. point on the Southerly R-0-W line of said Colo . to Hwy . No. 263 said point being the True Point of Beginning . Said described tract of land contains 3 . 476 Acres , more or less and is subject to any R-O-W or other easements as granted or reserved by instruments of record or as now existing on said tract of land , on the condition that the said 3. 476 acres are used for animal shelter purposes only for the citizens of CVeld County and vOhc:rever said Humane Society of Weld County, Inc. , shall cease to use said -176 acres for the animal shelter purposes for the people of Weld County then in such case the land hereby conveyed shall revert to the said Grantor, Weld County, Colorado or its assigns. ca. Ur L; 6I '�. „�. ,' I his ,f �. ± u pips . To_Board of_County_Comai s> i oners._._ od,e __ilarch_11,_1g7G_ COLORADO F.on, Tom Henn, Zoning Administrator subJect: Humane Society Land Designation The 16 acre tract located in the SE'i of Section 1 , T5H, R65U of the 6th P.M. , Weld County, Colorado, °•,or'1d appear to be well suited for use as a Humane Society Animal Shelter. A memo of October 27, 1915, indicated there are no problems with floodplain, gravel extraction, zoning, and the limitations of Section 6.1 (10)A of the Weld County Zoning Resolution. Further research shows that the easterly portion of the property would be in the Horizontal Surface of the Airport Zone. Care should be Liken with regard to location of structures although the matter may not be severely critical . A final consideration would be access to the property. The possibility of accel and decel lanes and warning signs should be reviewed as the site has some visual limitations for traffic. At this time there are no apparent technical reasons for denial of an application for Special Use Permit. It would appear that the Humane Society of Weld County would have to make application for a Special Use Permit. Also a request to exempt that portion of the property that will be deeded to the Humane Society should be made. _ i/< 7i o/ MEMORANDUM TO: Glenn K. Billings FROM: Anne Moore DATE: October 27 . 19?5 SUBJECT: Possible location of Humane Society animal shelter in Section 1 , Township 6 North, Range 65 West. Section 6.1 (10) A of the Weld County Zoning Resolution states that "dog kennels shall be located at least 2,640 feet from any public place of assembly, and from any E, R, H, MH, T, B, or S zone district or subdivision; and at least 660 feet from any existing residence on another lot without the written approval of the fee owner of said residence. " The location in Sec- tion 1 , TGN, R65W previously discussed with you meets the requirements of Section 6.1 (10) A. The Colorado Geological Survey indicates that the amount of overburden at the farm stead means that the gravel deposits at the site are not of com- mercial grade as defined by H.B. 1529. The site is located well above the 100 year floodplain identified by the U.S. Army, Corps of Engineers in March, 1974. All of Sections 1 and 12, and Section 11 south of the Cache la Poudre River are zoned Agricultural . Section 11 north of the River and the South half of Section 2 are zoned Industrial . If you have any mor cfl ';rients or questions about this area, please contact me. Anne Moore Assistant Zoning Administrator AM/pr • OFFICE OF BOARD OF COUNTY COMMISSIONERS W' -T Q.A./ PHONE (303) 353-2212 EXT.221,222& 223 P.O. BOX 758 GREELEY,COLORADO 80631 t COLORADO • March 23, 1976 Mrs. Jerre Iargent, President Weld County Humane Society 8th Street & 85 Bypass Greeley, Colorado 80631 Dear Mrs. 'argent, It is the intent of the Board of Weld County Commissioners to dedicate an adequate amount of land to the Weld County Humane Society so that the Humane Society may build a facility capable of accolmrodating a county-wide Humane Society operation in Weld County, a county of more than 4,000 square miles. Dedication of this land will occur in the near future as soon as the County Engineering Department staff can properly survey and stake out the appropriate land. If I may be of further information, please do not hesitate to contact me. Be, regards, ✓✓Glenn K. Billings, Chairman Board of Weld County Commissioners GKB/ck WELD COUNTY COMMISSIONERS GLENN K.BILLINGS VICTOR JACOBUCCI ROY MOSER Hello