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Home My WebLink About20173870.tiffr.. OARD) OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Transfer of Lupton Meadows Ditch Stock Certificates DEPARTMENT: Public Works PERSON REQUESTING: Devin Traff DATE: October 23, 2017 Brief description of the problem/issue: The County recently came to an agreement with Central Water Conservancy District (Central) in which its shares in the Lupton Meadows Ditch Company were transferred to Central in exchange for augmentation water to satisfy its obligations under the Bearsor_. Decree. To complete this agreement, the County must formally assign its stock certificates to Central and have the assignments recorded by the Lupton Meadows Ditch Company. The ditch company typically charges $ 100 per certificate (amounting to a total of $300), which will be paid through the Public Works Water Rights Budget. The stock assignment and copies of the stock certificates to be transferred have been included with this document. To complete the assignment, the County must provide the original stock certificates and the signed stockassignment. Please send these documents to Devin Traff for submission to the ditch company after the assignment has been signed. What options exist for the Board? (Include conse€luences, impacts, costs, etc. of options) 1. Accept and sign the stock certificate assignment 2. Do not accept and sign the stock certificate assignment Recommendation: Public Works recommends approval of this request. Julie A. Cozad, Chair Steve Moreno, Pro-Tem Mike Freeman Sean Pc Conway Barbara Kirkmeyer r Approv Recommendation Schedule Work Session Other/Comments: f •011,4111.0. CC:R C T) c.otc se)) 2017-3870 CGOC) cl STOCK ASSIGNMENT FOR VALUE RECEIVED, 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 ("Weld County") hereby sells, assigns and transfers unto the Central Colorado Water Conservancy District and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (collectively, "Central") all its right, title and interest in and to a total of fifty-two (52) shares of the Lupton Meadows Ditch Company represented by Certificate No. 0475 for eighteen (18) shares, Certificate No. 0624 for eight (8) shares, and Certificate No. 0631 for twenty-six (26) shares of said company. SUBJECT TO the rights of Weld County under that certain Class C Non - Irrigation Water Allotment Contract No. 1174 issued by Central to Weld County, which shall be noted on the new certificate(s). Weld County 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: NOV 13 2017 ATTEST: dialfw%),Rp,ok, Weld County Clerk to the Board By: duty Clerk to the Bo STATE OF COLORADO ) ) ss. Subscribed and sworn to before me this /e f day of Board of County Commissioners of the County of Weld. COUNTY OF WELD COUNTY OF WELD, a political subdivision of the State of Colorado y: Witness my hand and official seal. lu Ju ie Cozad, Chair NO 2017 Board of County Commissioners of the County of Weld My commission expires: O Co / 93/ 9Oo1O , 2017, by Julie Cozad, Chair, CHLOE ALEXANDRA REMPEL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164024038 MY COMMISSION EXPIRES JUNE 23, 2020 0.20/7 -Ono 'i.e NOO' A Cr) 0 1 1 1 1 • U O 0 4 1 1 O iND -O led> s _ C3 C A) tip E O H lL SINS t gas F Pei O 1i C • r -f • -4 rC U) • 9-4 LT) 43 co 73 ,C 4-J O COLORA DO .,--4 4-4 E 4-4 (4 •r-4 ;1J ii•4 O 4 U it, 0 0 u H H v� U a) •►e4 b -a 4•4 it? rip e E 0 C r-4 U .O I i en 0 cae 6 9 c 91:1. 75. 9 c Clat•-e-PAON t C A rf C) a -r Ct ris cr.. C CAPITAL STOCK C O PC O ".4 q ra rd cd a) O 2-14 a, O VJ 7.5 H 0 cd 0 1 r0 V ) O C.) 4) 4-) a a) 0 C' w FOR VALUE RECEIVED _ hereby sell, assign and transfer to the Shares of Stock within mentioned and hereby authorize the transfer of the J a firs e the Company. %IL the Books of Witness hand and seal this day of , 196___. Witnessed by ( SEAL ) r J y� krFME'�,,,Lr :41!'m L{'ri v I L i e =1 NCORP0RATED UNDER THE LAWS OF THE STATE OF COLORADO \ et VJ GD C tzt raw 0 4-0 4 z a_ 0 U 0 (9 V F- S Nis vd 0 U ON z C) iS to Certify, Tbat a N 4,(1) Pizt 0 0 U C U o O O 4.4 eL 0 to v a) c, a) too 'Zt -+-L O C.: O t W "IdW ruk O *t • tA., N O C.r) cry U pCI)et yr-a-aQ' '� `O CI) • N • t•-• o N p•) �' N -� i m .44 •N be •N 44) a) U Z CS ti t� :tt r! ecy. i .. V4 ••fit , : _fir', i.�7r C.e k. PatZt PIZ O • N O ' N CD • N U .C riJ °..) u 'iC7y v • � -1v ✓ c4r'.ti N- !7;'- .:. 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Please proceed with finalizing distribution and filing. 2) Similarly the related Stock Assignment (#2017-3870, dated 11/13/17) does not need to be recorded. He also indicated that we may go ahead and release the original Stock Certificates that we have in our possession (No. 0475 = 18 shares; No. 0624 = 8 shares; and No. 0631 = 26 shares) to Devin to come and pick up, and Bruce is working on providing an Indemnification from the County for the 0.25 Share from the Slavic property, which will be the final piece to satisfy the obligations under the Bearson Court Decree and the resulting agreement between the County and Central. 3) On a separate item of business, but somewhat related is document #2017-1058, dated 4/17/2017, for the Four (4) Petitions for Class C Irrigation and Non -Irrigation Water Allotment Contracts with Central — please contact Lynn Kramer to see if the last two Contracts No. 1177 and No. 1178 have been signed. If so, we need to have the originals returned so we can have them recorded (perhaps not because it is required, but because the other two No. 1174 and 1175 were already recorded and we should stay consistent within this same document). 4) Accounting is copied on this message and is cleared to go ahead and make the necessary Banner entries and payments. Thanks! Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758'Greeley, 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: Chloe Rempel Sent: Monday, November 13, 2017 11:22 AM 1 To: Bruce Barker <bbarker@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Devin Traff <dtraff@weldgov.com> Subject: Transfer of Lupton Meadows Ditch Stock Certificates Bruce, Attached are the items we discussed this morning. I am hoping to close out 2017-0853 pending revisions regarding the Class C Contract and recording. If you would like that document recorded, then I believe I will also need to record 2017-3870. Esther will create new certificates once we have the go ahead from you. 2017-0853: Pending decision on Class C Contract and recording 2017-3870: 11/13 Consent Agenda Thank you! Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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 M % Q -k-e_A\ k\R.121 tO �C�c2 orN Gras/ t-7 Chloe Rempel From: Sent: To: Cc: Subject: Bruce Barker Friday, April 14, 2017 9:38 AM Chloe Rempel; Don Warden; Barb Connolly Esther Gesick; Cheryl Hoffman RE: FINAL RESOS - 5 Agreements Not yet. I need to finalize some things on them regarding th Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 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 attorney privileged and 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: Chloe Rempel Sent: Friday, April 14, 2017 9:15 AM To: Bruce Barker <bbarker@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnolly@co.weld.co.us> Cc: Esther Gesick <egesick@co.weld.co.us>; Cheryl Hoffman <choffman@CO.WELD.CO.US> Subject: RE: FINAL RESOS - 5 Agreements Bruce, None of the five documents have been recorded, per your conversation with Esther and Cheryl. The documents have been finalized as they appear in the above attachments. Would you like me to have them recorded? Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 09-0/ 7- f c.X D/7-051 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: Bruce Barker Sent: Friday, April 14, 2017 8:33 AM To: Chloe Rempel <cremoel@co.weld.co,us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnollv@co.weld.co.us> Subject: RE: FINAL RESOS - 5 Agreements Have these been sent to recording? We need to double-check to see they have all of their attachments. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 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 attorney privileged and 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: Chloe Rempel Sent: Thursday, April 13, 2017 9:36 AM To: Bruce Barker <bbarker@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnolly@co.weld.co.us> Subject: FINAL RESOS - 5 Agreements Hello, Attached are the final resolutions signed by the Board of County Commissioners. Please forward as necessary. 2017-0852: Purchase and Sale Agreement for Hokestra Pit — Central Colorado Water Conservancy District 2 2017-0853: Agreement for Assignment of Water Shares— Central Colorado Water Conservancy District 2017-0854: Mining Lease for Hokestra Property — Central Colorado Water Conservancy District 2017-0855: Right -of -Way Operations Agreement for Hokestra Pit — Central Colorado Water Conservancy District 2017-0856: Agreement for Use of Water Stored in Koenig Reservoir —Central Colorado Water Conservancy District Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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. 3 Hello