HomeMy WebLinkAbout750397.tiff RESOLUTION
WHEREAS, the Weld County Municipal Airport Board, heretofore
and on February 28, 1975, acting as agent for the City of Greeley, Colorado,
and Weld County, Colorado, did enter into a lease rental agreement with
the United States of America, whereby said Airport Board leased to the
Government, the property and premises described in Exhibit A which was
attached thereto and incorporated therein, and
WHEREAS, it has now come to the attention of the Board of County
Commissioners, Weld County, Colorado, that the legal description in
Exhibit A attached to the aforementioned Agreement was incorrect, and
WHEREAS, Supplemental Agreement No. 1 and Supplemental Agree-
ment No. 2 have been submitted by the Government whereby the parties
mutually agree to correct the error in the legal description as alleged, and
that the legal description in Exhibit Al attached herewith should be sub-
stituted as the correct legal description of the area involved, and
WHEREAS, the Board believes it to be in the best interest of Weld
County to join with the City of Greeley in the approval of said Supplemental
Agreement No. 1 and Supplemental Agreement No. 2, including Exhibit Al,
copies attached hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, that said Supplemental Agreement
No. 1 and Supplemental Agreement No. 2, including "Exhibit Al", copies
of which are attached hereto and made a part hereof by reference, be, and
they hereby are approved.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the gth day of December, A.D. ,
1975, nunc pro tune as of July 29
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ✓ T_u ��
Weld County Clerk and Recorder f ,%
and 'Clerk to the Boa c ry �' / c`
Deputy Co fy Clerk ! l
APPROVED AS TO FORM:
" Co my Att nevi G�
750397
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. . D!':I'^ iTMENT OF TIE AIt Y
• O IAJL DISTRICT, CORPS OF ENGINEERS
SUPPLE::ENr:1L 'GRE.17k NT NO. 1 LEASE NO. DACA 45-5-75-006141
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TIIT.S SU''PLL: i�TNTAL Ar1Ri is::r 'r, made and entered into this 6th day of
January , 1976, by and between the City of Greeley, Colorado, r
a i•;unicipal Corporation, and i:eld County, a political subdivision of the
State of Colorado, acting by and through their agent, the !eld County
'Iunicipal Airport Board, chose interest is that of owner, for itself, its
successors and assijns, hereinafter called the Le::cor, and the United States
of America, hereinafter called the Government, UITNESSETH:
:•;i 'SAS, on the 2tit'h day of February 1975, the Lessor and the Government
entered into Lease No. DACA 45-5-75-00641 providing for the leasing of
property and premises described in Exhibit HA" referred to in Paragraphs 1 and 3
of said lease for term beginning February 3, 1975, to October 31, 2021, and, M
;:}II0=;, the c;escriotion in Exhibit "A" has been determined to he
incorrect and locates the area south of the area intended, and,
IlUiREAS, an Exhibit "A1" has been prepared which has the correct
description 1 e the actual location of the premises, and e'
which cic::ci•ii;..;' , a,.
'iIIE?'EAS, it is the desire of the parties and in the best interest of I.
the Government that t:xhibit "A" to said lease be deleted and Exhibit "Al" ii,.
substituted therefore. %
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fOI: TIIM.:FORE, in consideration of the premises, Lease No. DACA 45-5-75-
00641 is effective August 1, 1975, amended in the following particulars but ...
in no others:
lf'if r.+ ?• 3 of lease •i
Exhibit n referred to in Paragraphs 1 and 3 said al-1;i attached
to said lease is deleted and reference to Exhibit "Ai" is made in said
paragraphs and Exhibit "Ai" is substituted for Exhibit "A". Exhibit "Ai" is r
attached hereto. , i.
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IN JIT1 S S I1}Ii;It!:OF, the parties hereto have hereunto subscribed their
names as of day and year first above written. La—
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ATTEST: CITY OI' GRIMLY, COLD:w'.DO,
A I'lUNICIP?L CORPORATION '
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City Cr&erk i•[ajar
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ATTEST: BOARD OF COUNTY CO:i:'Zt33IONER3, I:;.LD r.
COUNTY, COLORADO �.
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;ela County Cler1r anc Rccorc;er • Cnairmal
anfi Clerk to the Board
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t•.�LD COUNTY MUNICIPAL AIRPORT BOARD,
AGM, LESSOR• ,./.2,,,L?
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UNITED STATE OF AlIERICA
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'Parcel #2 (Tract 100)
A tract of land situated in the SWL of Section 2, Township
5 North, Range 65 West of the Sixth Principal Meridian, Weld County,
Colorado, being more pdIzticularly described as follows: -
Commencing at the Northwest corner of said Section 2; thence
South 01°27'00" West, 4,020.19 feet; thence South 88°27'00" East,
30.00 feet to the point of beginning; thence continuing South
88°27'00" East, 469.09 feet; thence North 01°27'00" East, 150.00
feet; thence North 88°27'00" West, 469.09 feet; thence South
01°27'00" West, to the point of beginning.
The tract of land herein described contains 1.62 acres, more
or less.
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Pa, ARTCichf CI' isa ARID
Of;Ali\ DISTRICT, CORPS OF ENGINEERS
SUPPLE:I-ENTAL AG LIEIENT NO. 2
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THIS SUPPLERirNP I AUIMNIINNT, mode and entered into this 6th day of
January , 1976, by and between the City of Greeley and the County —`
o£ Sold, acting by and through its agent, [geld County MunicipalAirport
Board, hereinafter called th_ Le_sor, and the Governor of Colorado, for the
use and benefits of the Colorado National Guard, the Lessee, hereinafter
referred to as the State, P'ITNUSSETN:
IPiERSAS, on the 10th day of November 1971, the. parties entered into a
lease providing for the use of certain property located at geld County re—
Municipal Airport, Gf eele y, bold County, Colorado, for a period of fifty (50)
years to 1 November Cl,- all of the property and provisions for its use
being,, describe., in raid lease ; and,
GNEREAS, by Supplemental Agreement dated 13 February 1975, the parties
agreed to the deletion of 1.62 acres and amended Paragraph 1 of said lease
describing the area to be deleted, and,
MIEREAd, the area to be deleted was incorrectly described and that Ae:,
description should be deleted, and, c,..
' ILM:hS, it 15 in the best interests of the parties to further amend
the lease by deleting the incorrect description of the area to be excepted
from the legal description and substitute the correct legal description.
FOP T. _ ' ', Le consideration of the premises, aforesaid lease is
effective thir 6th day of January , 1976 , amended in the L.
following pa-ticulasg, but in no others:
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Paragra2h 1 of said lease is deleted and the following substituted
to road as follows:
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1. The Lessor, pursuant to Resolution legally adopted, does hereby
lease, demise and lot unto the State the following described tract of land
presently owned by City and County to wit: ikwr
A tract in dour .t i, tiorter (Si 1) of Section two (2) , T°r'n hip five (5)
North, flange , :xt;-fir . (65) 0est of the 6th Principal Meridian, beginning
at a point 1x1;.:'_9,, fact South 1°27' Pest and 30' South 30°27' East from
Northwest corner of Section 2: Thence South 1x9047' Cast 96' ; Thence South
LG07' Gast 394.2i; feet; Thence North 1°27' East 619.09 feet; Thence North
zi°27' Pest 469.09 feet; Thence South 1027' Pest 559.11 feet; to point of
beginning, County of geld, State of Colorado
Excepting therefrom the following described tract of land:
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A tract o£ land situated in the S�e o£ Section 2, Township 5 North,
Range 65 Pest of the Sixth Principal Meridian geld County, Colorado, more
particularly described as follows:
Commencing at the Tdorth,rst corner o£ raid Section 2; thence South � -
10'.7'00" Pest, 4020.19 feet; thence South S8°27'00" East, 30.00 feet to the
point of beginning; thence continuing South 3t,°27'OO" East, 469.99 feet;
thence North 1°.7'00" East 150.00 feet; thence North 3u°27'00" Pest, 469.09
feet; thence South 1°27'00" Pest, to the point of beginning. !k?-”,
A tract of land herein described contains 1.62 acres, more or less. k�
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IN WITNESS ;;I NZ ,OI', the narLie• hereto o have hereunto ulbscrihcci their names as of the day and year first above written.
CITY OF GREE`LEY, COLORADO WELD COUNTY MUNICIPAL AIRPORT BOARD _.
LESSOR LESSOR
BY: _'f•. :- r/ . cc t 1• , By: if( �? R.� (' '1. _ ` .
1:ayor , , . r
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ATTEST: " . ��
secretary �" �
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ICity Clerk
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STATE OF COLORADO
RICHARD D. LAM J, Governor ,:'.
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By:
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APPROVED: C,;..•
J. D. MAC FA'RLAIIE rip
ATTORNEY GENERAL
Assi:Aant Attorney G ncral State Comptroller ( .
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ATTEST:
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY CONMISSIONERS, ;GELD ...
AND CLERK TO TIC; BOARD COUNTY, COLORADO
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APPROVED AP TO FORM: `
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29 July 1975
SUBJECT; Greeley Air National Guard Station, Weld County Municipal Airport,
Greeley, Colorado, Lease No. DACA 45-5-75--00641 - Supplemental
Agreement No. 1, Supplemental Agreement to Lease Over Remainder
Commander
Colorado Air National Guard
ATT;1: BCE, LTC Fred E. Duncan
Buckley Air National Guard Base
Aurora, CO 80011
1. The United Staten of America leases 1.62
acres from the City of Greeley :%
and Weld County acting by and through their agent, the Weld County Municipal
Airport Board, by Lease No. DACA 45-5-75-00641, granted 28 Febr
uary 1975.
2. Upon review of the description of area of the lease described in Exhibit
"A", it has boon determined that the area has been inadvertently described
as south of the area remaining in the lease from the City of Greeley and
Weld County acting by and through their agent, Weld County Municipal
Airport Board, to the Governor of Colorado, for the use and benefit of
the Colorado National Guard.
3. Inclosed is Supplemental Agreement No. 1 to Lease No. DACA 45-5-75-00641,
. in quadruplicate, with the corrected description of the leased area, Exhibit +'
"Al". The orinal end two copies should be executed by the City of Greeley,
Weld County, and Weld County Municipal Airport Board, and returned with a
copy of a Resolution of the Airport Board authorizing execution of the
Supplemental Agreement No. 1. After receipt by us, a fully executed copy
will be returned to the l:old County Municipal Airport Board.
1:. Also inclosed is Supplemental Agreement No. 2, in quadruplicate, to the
lease entered into 10 November 1971 between the City of Greeley and Weld
County, acting by and through their agent, Weld County Municipal Airport
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28 1975
SUBJECT: Greeley Air National Guard Station, Weld Coun yJulyMunicipal ::_,:
Airport, Greeley, Colorado, Lease No. DACA 45.5-75-40641 -.
Supplemental Agreement No. 1, Supplemental Agreement to Lease
Over Remainder
Board, and the Governor of Colorado, for the use and benefit of the i
Colorado National Guard. This supplemental corrects the description in
the previous supplemental agreement dated 13 February 1L
that we be furnished one completely 9 It is e necessary
agreement. executed copy of thiss s supplemental ..._T
FOR THE DISTRICT ENGINEER:
2 Inc 1s KENNETH L. HIRSIjG'Y
1. SA No. 1, Lse W75-00641(quad) Chief, Leasing Branch
2. SA No. 2, 10Nov71 (quad) ' '''
Real Estate Division
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CREEL.EY CIVIC CENTER January 30, 1976
GREELEY. COL GRADC
80611
Clerk to the Board's Office
1516 TTospital Road
Greeley, Colorado 80631
Attention: Jeannette Ordway
Gentlemen:
Enclosed are corrected copies of Agreement Lease No. DACA
45-5-75-00641, Supplemental Agreement No. 1 dated January 6,
1976, between the Weld County Municipal Airport Board and the
United States of America. The agreements have been executed by
City of Greeley officials.
Also enclosed is Supplemental Agreement No. 2 to the lease entered
into on November 10, 1971, between the City of Greeley and Weld
County, acting by and through their agent, Weld County Municipal
Airport Board, and the Governor of Colorado for the use and benefit
of the Colorado National Guard. This supplement corrects the
description in the previous Supplemental Agreement dated February 3,
1975. Supplemental Agreement No. 2, dated January 6, 1976, has
been executed by City of Greeley officials.
Please return a completely executed copy of the above mentioned
documents as soon as they are available. We appreciate your co-
operation in this matter.
Very truly yours,
CITY OF GREELEY
(Mrs. ) Luella Wood
City Clerk
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Enclosures "A COMMUNITY OF PROGRESS"
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AweARTMENTMT OF THE AIR FORCE
138th Tactir^.1 ,,..,.,iro1 ScuRdron (CRC) (TAC)
Greet r-' I ' N•• t;; n a1 Guard Station
2805 East 8th Street, Greeley, Colorado 80631
DA
Agreement Lease No. OACA 45-5-75-00641
Mr. Barton Buss
Mr. Pete Morel l ,, City Manager
IN TURN
1 . Attached are corrected copies of Agreement, Lease No. DACA 45-5-5-75-
00641 , Supplemental Agreement No. 1 .
2. Please have the Commissioners sign ALL copies attested by the Weld
County Clerk and Recorder and forward to Mr. Pete Morrell , City Manager
for Mayor Hall 's signature and attest by the City Clerk.
CLIFFORD A. BAKER, Lt Col , COANG 1 Atch
Commander a/s
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DEPARTMENT OF THE AIR FORCE
138th Tactical Control Souad.ron (CRC) (TAC?
Greeley Air \ational Guard Station
2805 East 8th Street, Greeley, Colorado 80631 ,
DA
Agreement Lease No. DACA 45-5-75-00641
Mr. Barton Buss
Mr. Pete Morel ) , City Manager
IN TURN
1 . Attached are corrected o c pies of Agreement, Lease No. DACA 45-5-5-75-
00641 , Supplemental Agreement No. 1 .
2. Please have the Commissioners sign ALL copies attested by the Weld
County Clerk and Recorder and forward to Mr. Pete Morrell , City Manager
for Mayor Hall 's signature and attest by the City Clerk.
CLIFFORD A. BAKER, Lt Col , CUANG
1 Atch
Commander a/s
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