The URL can be used to link to this page

Browse Search

Home My WebLink About750516.tiff w 4 OFFICE OF COUNTY ATTORNEY SAMUEL S. TELEP COUNTY ATTORNEY I'kLEPHONE 356-8100 IPHONE (303_.,aoB 220 FIRST NATIONAL BANK BUILDING CGREECEV. GOAD 80631 O December 16, 1975 COLORADO Board of County Commissioners of Weld County 1516 Hospital Road Greeley, Colorado 80631 Gentlemen: At your request I have examined abstracts of title, totalling thirteen in number, covering the title to the following described property located in Weld County, Colorado, to-wit: In Township 5 North, Range 65 West of the 6th P. M, , Weld County, Colorado Section 1: South Half South Half (S+5+) All that part of the NEI and the Nf of the SE a lying south of Colorado Highway #263 except parcel containing 8. 6 acres more or less described in deed recorded in Book 1513, page 141, Weld County Records. EXCEPTING AND RESERVING unto the Estate of Robert S. Davis, deceased, that part thereof lying north of the Ogilvy Ditch which comprises approximately 16 acres, together with the improvements thereon. (This exception to be described by metes and bounds from a survey to be paid for by Seller. ) Section 2: All that part of the E4 of the SEn lying south of State Highway #263 as presently construed, being more particularly described as follows: Beginning at the southeast corner of said Section 2, and considering the East line of the SEI of said Section 2 as bearing North 01°05'46" East, with all other bearings contained herein relative thereto; thence North 01°05'46" East, along the East line of the SEn'- of said Section 2, 1429. 39 feet to a point on the South right-of-way line of Colorado State Highway #263; 750516 1 R WELD COUNTY COMMISSIONERS HARRY S.ASHLEY GLENN K.BILLINGS ROY MOSER Board of County Commissioners of Weld County December 16, 1975 Page 2 thence South 60°39'19" West, along said South right of way line, 1535. 88 feet; thence South 01°02'52" West, 672. 04 feet to the south line of the SE4 of said Section 2; thence South 89°48'16" East, along the south line of the SEA of said Section 2, 1323. 77 feet to the southeast corner of said Section 2, said point being the point of beginning, said described parcel of land contains 31 . 936 acres, more or less. Section 11 : That part of the NE4 of the NW4 lying and being South of the Cache la Poudre River; the St- of the NW4, the NE4, the West 20 rods of the NZ of the SE.', 17. 83 acres in the NW4 of the SE4 as described in deed recorded in Book 241, page 233, Weld County Records. That part of the NEI of the NW4 lying north of the Cache la Poudre River and East of Sand Creek. EXCEPTING AND RESERVING unto the Estate of Robert S. Davis, deceased, approximately 3 acres located near the South line of the NEI of said Section 11 together with the improvements thereon. (This exception to be described by metes and bounds from a survey to be paid for by Seller. ) Section 12: The NZ of the NW4, the SE4 of the NW4, the SWq of the NW4, the NE4 excepting therefrom that parcel of land described as begin- ning at the southwest corner of the NE4 of said Section 12, thence East along the South line thereof to the Southeast corner of said quarter section, thence North along the East line of said Section 1000 feet thence southwesterly to the point of beginning. Also excepting a right of way and a parcel of land in the NE4 of the NE4 of said Section 12 lying East of the Platte River as conveyed by deed recorded in Book 985, page 317, Weld County Records. Title to this property is abstracted by the Weld County Abstract Company, Greeley, Colorado, and by the Security Abstract Company of Weld County, Greeley, Colorado. From such examination and personal examination of the records of the Security Abstract Company of Weld County, I find as follows: Fee simple title to the above described real property is vested in Robert S. Davis, deceased, subject to and except the following: Board of County Commissioners of Weld County December 16, 1975 Page 3 1 . Reservations and exceptions contained in United States Patents. 2. An oil and gas lease as described in instrument executed January 25, 1971 and recorded at Book 639, Reception No. 1561290, Weld County Records. 3, Reservation of oil, gas, and other minerals as described in in- strument recorded December 31, 1943 and recorded at Book 1124, Page 129, Weld County Records. 4. Reservations described in instrument recorded at Book 1475, Page 108, Weld County Records. 5. Reservation of right-of-way (ditch) as described in instrument recorded at Book 187, Page 454, Weld County Records. 6. Reservation of right-of-way (river) as described in instrument recorded at Book 163, Page 217, Weld County Records. 7. Reservation by Union Pacific Railroad for railroad easement as described in instrument recorded at Book 1, Page 540, Weld County Records. 8. Reservation of oil, gas, and other minerals as described in in- strument recorded at Book 1320, Page 434, Weld County Records. 9. Right-of-way (ditch), as described in instrument recorded at Book 76, Page 80, Weld County Records. 10. Property is entitled to the benefits and subject to the burdens by reason of its inclusion in the boundaries of the Northern Colorado Conservancy District, the West Greeley Soil Conservation District, and the Western Hills Fire Protection District. 11. Zoning regulations adopted and recorded by the Board of County Commissioners of Weld County, Colorado, as amended, 12. Official subdivision regulations and mobile home park regulation adopted by Weld County as recorded January 18, 1965, in Book 532, under Reception Nos. 1454224 and 1454225 of the Weld County Records. 13. Resolution of the Board of County Commissioners adopting the 1967 Uniform Building Code and the 1967 Plumbing and Heating Code. Board of County Commissioners of Weld County December 16, 1975 Page 4 14. The abstractors do not certify as to payment of taxes for the year 1974, payable in 1975. Said taxes, if not paid, constitute a lien. 1975 taxes payable in 1976 are a lien. 15. Rights of persons in possession, potential liens by reason of recent improvements to the premises, if any, and unrecorded easements or rights-of- way, if any, may be ascertained by physical inspection of the property. In my opinion the title as set out above and subject to the foregoing is good and merchantable subject to the following requirements: 1. In the event of the purchase of the above described real property, recording of a release of inheritance tax lien in the estate of Robert S. Davis, deceased. 2. In the event of the purchase of the above described real property, presentation of satisfactory evidence that there is no federal estate tax liability which could encumber the subject property. 3. In the event of the purchase of the above described real property, execution and recording of a deed from the personal representative of the estate of Robert S. Davis, deceased. 4. In the event of the purchase of the above described real property, recording of the Will of Robert S. Davis, deceased, to reflect the power of sale granted to the personal representatives of the estate of Robert S. Davis, deceased. Very truly yours, / Ihi) as A. Con ell Assistant County Attorney TAC/jlb NM) COU V , t „i 01.i a;_ie BU./'.D o ]s : GGP: '.-U'NL ' iPHIL WARUANI P.U. Y, NO. VO . ND. Ali: A 'O't U P.• �' �i- / _02LQL - - --- STATE OF ROBERT S. DAVIS h304,U3c .81 i TOTAL j$ 304,056.81 I State of Colorado ss $ County of Weld ) This is to certify thot all account inn and Bud: Lino H'ocedures 'lave D 'r corbileted on toe above listed claims as shown oc Pages I ,.hroonh 1 and dated D[tt BEB 29, 19 76and that payments should be made to the resCec!:ive vendors in the mounts set op,cs , ce their names with the total amount $ 304,056.81 Dated this 29th day of DECEMBER 76 l 'eld io.ni n nco O fiecr .`l bscriSed and sworn to before me ii, h 29th Lily Uf DECEMBER 76 liy C0m0iic lon cxp1ran : •:i'"- Corm s- :. z<pn ) l; a1 -STATE OF COLORADO , jss COUNTY OF WELD ) We , the Board of County Lompdssi ner5 of L,Hld ehmi,v. Colorado, Ldrebi :,a{:prove) (disapprove) the cl- Erns as soL forth ; bove ; an .. cen , r nmenttnerefcrearc I ]ashy ordered drawn upon the ROAD & BRIDGE al ; 304,036. 81 Dated this -?2h _ 'MY cf DECEMBER , . .. 76 . (,/,..k t_ L'�,f /c _,C) . „r, Chairman man /' i , t. ATTEST: _).. ) i el ./. Lo.. i i -' l County Clerk and Recorder rder 19u2ogl / , Depu£y i'i ;tier I ,^ crchc�r 1,/ rvri}}. I-t,�,I CHASE ORDER AND VOUCHER eld County r4f i Tip ni REFER 1O THIS NUMBER . . ^ (� N 1 (f 1Ti y $I 1 �p1]zr� P.O. BOX 758 GREI LLY, COLO. 80631 ON INVOICES AND IN �f L. 1V i� A t'5 q To it ki, v ri �� I'II� PHONE (303)353-2,_12 CORRESPONDENCE. ALL TRANSPORTATION CHARGES MUST BE PREPAID VENDOR NAME AND ADDRESS —..— O. Slat,1a Estate of Robert S. Davis il ") /1`� ; DATE FWARHANT NO. SHIP INSTRUCTIONS DEPARTMENT i ,I .''i • yL �yy.�I;yl� 'I� NiITY�a''. LI UjiIT:1�3t ° n 'EDF AW'.:5'4'�'/Ff4S"b.;t ;',J 5 t,py6MS C R IMP t,Ir vN,»,k.Y' '';',iii;„,,4:.4, ',0 ,41,? 4.4 w,?PRICE'; pie.: 41 AMOUNf,q:;.''r. I Balance due to purchase Davis Farm i $304,056.81 I I 1 l WELD COUNTY DEPARTMENT CERTIFICATION rlwv* $304,056.81 I, the undersjoed hereby cer1ily that the above account is true ate) hst. Dint the streets or supplies therein charged for have been actually turf,.shed rendered to and I certify that the Items and/or services listed above for Weld Count;.and that the sumo have not bee,pad, nor all/part thereof. have been received and that the condition was satisfactory. Invoices for same are attached hereto. -- fCOMPANY Fstate_of_RDber_. _Davis__ _._-- PhPAItIMEN1 Hl AD BV --------- NOTICE No bill will be paid unless itemized and attached to voucher with TITLE original order. All vouchers must be passed upon by the Board of 1, County Commissioners before warrants can be drawn. All vouchers must be signed by the person in whose favor they are made. All _--- vouchers must have the Post Office address with Street or P.O.Box Number. All vouchers must he filled in with typewriter or ink and signed in ink. I - Jar 2: all 04(1/4.i.UOEt`40100RS"9G4 s, .i". MOUNT ':4 it Approved by t 7 ' " ' 02703-780 304,056.81 LI.Budget Officer ❑ Authorized Signature ' And so ordered by Board of Weld County Commissioner . / / JMl t ` -IN T _I CHA M N 6 I / 1 I ATTE OUaY CLERK AND RE<ORIIF i /`/ I / requisition #11252 • cENTENN C. .)NE W..L.V COUNT 'if COLO $06��ORAUu (303) J5i-4000 GREELEY, r' DEPARTMENT REQUISITION FOR PURCHASE -• "` P.O. No. 02100 .,ate ..December 27, 1976 • Department -... Fund _ Deliver to _ __ QUANTITY UNIT DESCRIPTION AND SPECIFICATION 1 ACCOUNT UNIT AMOUNT NO. PRICE Balance due to purchase Davis Farm 02703-780 304,056.81 i I r T I I � • I . I I IF SIMILAR ITEMS OR SUPPLIES HAVE SEEN HERETOFORE 1 PURCHASED. PLEASE LIST VENDORS LAST PURCHASED FROM. ; CONFIRMING PURCHASE --' ____________ MATERIAL RECEIVED REPORT ). -- s I CERTIFY THAT THE IPEM', LISTED ABOVE HAVE BEEN RECEIVED ANO THAT THE CONDITION WAS SATISFACTORY 2. 3. 5. DEPARTMENT HEAD 6 Vendor Estate of Robert S. Davis _ I, CERTIFY THAT THE ABOVE P.II.CHASF. IS NECES:�Ai2Y FOI THE PROPER OPERATION OF THE COE:NTY ()7 \'f i I) C0I.,NTY 1.INi1 10 ••.1Y KNOWLFDCE FUNDS ARE AVAILABLE IN TIIE CU' RCNT BUUOi.T Street City State __—. ._—_..___..____ __...-_— DEPARTMENT HEAD APPROVED BY BOARD OF WELD COUNTY COMMISSIONERS // ) / J 11 • APPRO�VEDD BY EIUOCET OFFICER ') ANDERSON. HUNTER,THOMTE a KURTZ CLUT!I FI: P111111..C n<IC 111111 NIS 303, 352-7497 72.. CA H CJ IRE ET ti Rl_E I.EI COL GRADS P os sti'. c n.0e11 C P F P O BOX 310 C0OG3i C1,4PLFS M PIi P1].1 P 4 .Ln Rf.'N., I.lrpli Jt_ P 0FPW N SCAtWFPi .C.P.P. N' F December 20 , 1976 Mr. Barton Buss Director of Management and Budget Weld County, Colorado - Weld County Centennial Center Greeley, CO 80631 RE : Davis Farm Lease and Option Agreement Dear Bart : In accordance with your request , we have reviewed the "Lease and Option Agreement" dated October 1 , 1975 between Frank Staley Davis and Barnard Houtchens as personal representatives of the Estate of Robert S . Davis and Weld County , Colorado to determine the purchase price of the property should the County exercise the "Option to Purchase" as of December 30 , 1976 . An analysis and assumptions made in the computation are as follows : Total Interest Balance Assumptions Payment at 9% Principal due Balance due @ 10/1/75 $497 , 600 . 00 Payment due @ date of closing $100 , 000 . 00 $100 , 000 . 00 397 , 600 . 00 Payment due @ 10/1/76 136 , 000. 00 $35 , 784 . 00 100 , 216 . 00 297 , 384 . 00 If written notice to exercise option to purchase is given by 11/30/76, payment due @ 12/30/76 304 , 056 . 81 6 , 672 . 81 297 , 384 . 00 We strongly recommend the County Attorney review the specific terms and conditions of the "Lease and Option Agreement" and come to an agree- ment with the lessor of the property. It should be noted that payments were not always made on the due dates shown in the above computation. For example , the down payment at closing was paid on approximately December 15 , 1975 and the payment due October 1 , 1976 was paid sometime in September , 1976. If we can be of further assistance in this matter , please contact us . Very truly yours , ANDERSON , HUNTER, THOMTE & KURTZ /36 William J . Siebert , C . P .A. WJS : tjgr t � - ® P ^CHASE ORDER AND VOUCHER V ,,,1:‘ '...i;; ^a RL.HER TO THIS NUMBER ' 1 ON INVOICES AND IN 1. 't ' ;Jj i �l ! �,�'• P.O. BOX 758 GREELL ,COLO. 80631 yli, NO Jill PHONE(303)353-2212 CORRESPONDENCE. ALL TRANSPORTATION CHARGES MUST BE PREPAID VENDOR NAME AND ADDRESS ,NO, SII TO DATE WARRANT NO. SHIP INSTRUCTIONS DEPARTMENT �T I 1 ,� ,��r�yy. / .• f,.y,Y. g 1i ; .� "•xy.R, ra rri I 1 r x A . QUANTITY, `� J!•1t: �w '!� sat`i \ i. #!'•' .`�,r• :.F+wCR9 , *} r• r •a':31�. :. ISti ,� 9seeeeeeeseeseese•• eivio•wasetecupoiS'ifpolossil a9eee•sees oo99oosel esooes•e•9••e•••o•••••••o0l 'ueseeeeeees•eossosei, .1.,.., „,- , :•�:•1. . `• •, rlti•-,1 •••0•••9••9•••••••••••0 •••9••s•••9•••••9s, i r' est.•os••esee•es••o • 9001,9 944110000.00• 00000000410000000000410000 00409=0000.0011000»0: 944002• •9••••••••••00 0004100119••OOOe0040; 00009.00000000.000000000 •s0000e00••0000000s; 00000•••00•••00••••0000 400009 •00000000000. •sse••essessos•s•s•s•soa OD9••••••s•••soe0••: 00000000.000000000000000; p000ses990os•9e•s••' s•••e•easooes•0••s•e99•e lip••••••••••••G0000l Assesos•e•0 s.99 •••ss••se, e000 e0oos•oos••eel Oo0o9+0e••ee00 •4• mel000ss 0e1111aes9eeeaosss••; o9oose••s••mse•e9•ee•osso • 40se00e09se••oe000 Iseekeemeese•ocs oiesess• 99es••9•s•ae•sget00i 000.00000000000000000000 *0000000000000 00I 0000000000000000000000001 40000. 09 O 000000 00000000000000000000000C,..eeses•sss0esss0•00 •00000000000000000000004: :00.999ee•000000ee0s •eeempos•9eos4•oo0•eo0e0 1.0000000.000000000 11soemoso•e•ee••s•ses•el 200000000000000000• •e•sos•0005a500e•GSs0SCC, v`•Oe9909000es•090fl11 1000000000000000000000.00, 400000000000.0000.0 00000e•so0es000000 s0s00J; es000010oS$SIC4Se•e•1 000000000000000000000000; 6000000000004000000 3: 000oem00e000e•000••OOA 4100000000000000000000000000000000000000000 20.0.0•• 9000000000 •000••#190•ss0••0.0.0es0f. 0000000000000000000 •0.000.00••,000000000004 osse•s•e•e•e••00$•e o•o••e1.•0e••••eesse•0$C• 00000004041000000000 •••oo•600000s.s00000000(• 000000006000000000• 000000soe00.0ese•e••0•4S 3000000000000.00000 ••oe••0000009s•0••05o9•b4 000009 90000900000 •00000000000000000000000 aoeese ese 9•oe50O• 00• 0 os•90•sOwboo•e•sosso s>setwos000000oaoepA1 _ ess•ss•1111.090•e4olloseese. . �'� '...S . ,•- rx 1,4�; 4�J �. x 1 0.' # . 1•" " i INSTRUCTIONS TO STOREKEEPER Enter the quantities actually received and return immediately to the OFFICE. If not entirely satisfactory, make proper note of defect or failure. This must be signed by Receiving Employee. I certify that the items described were received and inspected by me; that the quantities were as stated; and that the condition was satisfactory except as noted. Date Received - ••--- -• — Receipt of Material Approved. Receiving Employee Date -.� --... .... ts` - Superintendent "' .x r! Hello