HomeMy WebLinkAbout790360.tiff RESOLUTION
RE: APPROVAL OF CASH RENTAL LEASE BETWEEN WELD COUNTY, COLORADO
AND HAROLD AND BETTY LAW.
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, a cash rental lease between Weld County, Colorado
and Harold and Betty Law has been presented to the Board of
County Commissioners concerning the property known as the Davis
Ranch, a copy of said lease is attached hereto and incorporated
herein by reference, and
WHEREAS, the rent for said premises shall be $24, 166. 00 per
annum, and
WHEREAS, the term of said lease shall be from March 1 , 1979
to March 1, 1980, and shall continue in effect from year to year
for a period not to exceed three consecutive years, unless either
party shall give written notice to the other of termination not
less than ninety (90) days prior to expiration of said lease or
renewal thereof.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the cash rental lease
between Weld County, Colorado and Harold and Betty Law be, and
hereby is, approved and further that the Chairman of the Board
be authorized to sign the same.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
April, A.D. , 1979.
\-7)/1 , �� `. n ',-'_; BOARD OF COUNTY COMMISSIONERS
ATTEST: 10.. `-cA 1 &'44 �" WELD COUNTY, COLORADO
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Weld County Clerk and Recorder ir►4I--
an Clerk to the atd ,
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By: I
eputy County lerk E%; 71—
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APPR ED AS TO FORM:
County Attorney
DATE PRESENTED: APRIL 18 , 1979
790360
CASH RENTAL LEASE
THIS LEASE is effective the 1st day of March, 1979, by and
between WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
COLORADO, BY THE BOARD OF COUNTY COMMISSIONERS FOR ITS RESPECTIVE
INTERESTS, hereinafter called Lessor, and HAROLD AND BETTY LAW,
hereinafter called Lessee, WITNESSETH:
The Lessor hereby leases to the Lessee to occupy and use for
agricultural and related purposes the property described in Exhibit
"A" , attached hereto and incorporated herein by reference.
1. TERM - The term of this Lease shall be from March 1,
1979, to March 1, 1980, and this Lease shall continue in effect
from year to year for a period not to exceed three consecutive
years, unless either party shall give written notice to the other of
termination not less than ninety (90) days prior to expiration of
this Lease or renewal thereof.
A. CONTINUOUS OCCUPANCY - The Lessee agrees that he or his
agent will possess and occupy the property continuously during
the term of the Lease, and shall not have the right of assign-
ment of this Agreement.
B. SURRENDER OF POSSESSION - The Lessee agrees to surrender
possession and occupancy of the premises peaceably at the
termination of the Lease.
C. REVIEW OF LEASE - A request for a review of any portion
of this Lease or any of the terms and conditions thereof,
must be made and agreed to by and between the parties no
later than the 1st day of September in the year prior to the
termination of this Lease or any renewal thereof. All amend-
ments and alterations to this Lease shall be in writing and
signed by both parties to this Lease.
2. RENT - The rent to be reserved by, and paid to the Lessor
shall be the sum of TWENTY FOUR THOUSAND ONE HUNDRED SIXTY-SIX
DOLLARS ($24 ,166. 00) per annum, payable on or before the 1st day
of March, 1979.
3. RIGHT OF ENTRY - The Lessor reserves the right of the
County, its agents , its employees , or its assigns to enter the
property at any reasonable time for purposes (a) of consultation
with the Lessee; (b) of making inspections; (c) of developing
mineral resources including the extraction of sand and gravel;
and (d) after notice of termination of the lease is given, of
plowing, seeding, fertilizing, and such customary seasonal work;
none of which is to interfere with the Lessee in carrying out
regular farm and ranch operations.
4. RIGHT TO LEASE - The Lessor warrants that he has the
right to lease the property, and will defend the Lessee's posses-
sion against any and all persons whomsoever.
5. GENERAL MAINTENANCE - The Lessee will operate the prop-
erty during his tenancy in a manner commensurate with good farming
and ranching practices in Weld County. Upon the termination of
this Lease, the Lessee shall return the property in the same
condition as said property was received by the Lessee on the 1st
day of March, 1979, normal wear and depreciation excepted, and
further all damage from causes beyond the Lessee' s control ex-
cepted. The Lessee shall perform general routine maintenance
and repairs as needed on all fences and buildings, including any
houses present on the property. The Lessor shall perform all major
repairs, as needed, and further agrees that said Lessor will make
all repairs to all wells upon the premises leased. Whenever any
fences need to be repaired, the materials shall be supplied by
the Lessor and the labor shall be furnished by the Lessee. Lessor
agrees to perform all major maintenance on all irrigation ditches
and head gates including, cement work, and Lessee agrees to per-
form all routine maintenance on all irrigation ditches and head
gates and further, Lessee agrees to perform all maintenance on
all irrigation ditches and head gates when damage is caused by
livestock or is caused by any negligent act of the Lessee.
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6. GOOD HUSBANDRY - The Lessee will operate the property in
an efficient and husband-like way, will do the pasturing, plowing,
seeding, cultivating and harvesting in a manner that will conserve
the Lessor' s property.
A. The Lessee will not commit waste on, or damage to,
the property and will use due care to prevent others from
so doing.
B. The Lessee will not, without written consent of the
Lessor, (a) plow permanent pasture or meadowland, irrigated
pasture excepted, (b) cut live trees for sale or personal
uses, (c) allow livestock other than his own on stalkfields or
stubblefields, and (d) burn or remove cornstalks, corn-
cobs, straw or other crop residues grown on the property.
C. The Lessee will use diligence to prevent noxious weeds
from going to seed on the property and will destroy the
same, and will keep the weeds and grass cut or destroyed
on the fields, farmstead, roadside and fence rows.
7. ADD IMPROVEMENTS - The Lessee will not, without written
consent of the Lessor, (a) erect or permit to be erected on the
property any nonremovable structures or buildings, or (b) incur
any expense to the Lessor for such purpose, or (c) add electrical
wiring, plumbing or heating to any buildings, and if consent is
given, he will make such additions meet standards and requirements
of power and insurance companies.
8. WATER - Lessor agrees that Lessee shall have all water
for domestic and/or irrigation which Lessor owns with said property.
Lessor shall pay all water assessments.
9. The obligations, benefits , terms and conditions of this
Lease shall inure to and be binding upon the heirs , and personal
representatives of the Lessee.
10. It is agreed by and between the parties to this Agreement
that ten percent (10%) of the annual rental ($2 , 416. 60) shall be
set aside by the Lessor for repairs to the Davis Ranch during the
calendar year of 1979. The Lessee may select which repairs to be
made on the Davis Ranch and will cause said repairs to be made and
will bill Weld County for the cost of said repairs. Any repair
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costs in excess of the sum of $2 ,416. 66 during calendar 1979
shall be paid by Lessee. Repairs may be made to any property
located on the Davis Ranch in the discretion of the Lessee and
may include but are not limited to repairs to septic system, roofs,
fence and corrals, fencing and cross fencing, painting, plumbing,
electrical work, domestic and irrigation well repairs. Any monies
not expended for repairs (of the monies set aside by Weld County)
shall be retained by Weld County.
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EXHIBIT A
In Township 5 North, Range 65 West of the 6th P.M. :
Weld County, Colorado
Section 1 : . S'S1/2
All that part of the NE' and the N' of the SEA lying
south of Colorado Highway #263 except that parcel con-
taining 8. 6 acres more or less as described in the deed
recorded in Book 1513, page 141, Weld County Records.
Excluded are those parcels lying North and West of the
Ogilvy Ditch, which comprises of the Davis Property
Tract "A" and Tract "B" and the Humane Society Property
which has been taken out of Tract "A" of the Davis Prop-
erty.
These excluded parcels are more particularly described
as follows:
Beginning at the North Quarter Corner (N4Cor) of said
Section 1, and considering the North/South centerline
of Section 1, as bearing S 00°33' 14" W, with all other
bearings contained herein being relative thereto.
Thence S 00°33' 14" W along the North/South centerline °
of said Section 1, 3175. 57 feet to a point on the southerly
R.O.W. line of Colorado State Highway #263, to the True
Point of Beginning;
Thence along southerly R.O.W. line N 78°10 ' 11" E, 1100.70 feet;
Thence leaving said southerly R.O.W. line of Highway #263
S 03°47 ;04" E, 425. 12 feet to a point on the approximate
northwesterly R.O.W. line of the Ogilvy Ditch as now
constructed;
Thence along said approximate Northwesterly R.O.W. line
of said Ogilvy Ditch the following courses :
S 79°23 ' 31" W 242. 99 feet;
S 77°44 ' 05" W 188. 75 feet;
S 34°47' 38" W 382. 62 feet;
S 63°47 ' 35" W 127. 25 feet;
N 82°05 ' 07" W 63. 15 feet;
N 43°15' 05" W 152. 37 feet;
N 60°38' 55" .W 214. 30 feet; said point being the SW corner
of Tract "A" and the SE corner of Tract "B" ;
Thence N 76°02' 33" W, 67. 72 feet to the SW corner of
Tract "B" ;
Thence leaving said approximate Northwesterly R.O.W. line
of said Ogilvy Ditch N 02°58 ' 31" W 394 . 35 feet; to a
point on the Southerly R.O.W. line of Colorado State
Highway #263;
Thence along said Southerly R.O.W. line N 78°10 ' 11" E,
92. 30 feet to the True Point of Beginning.
Said parcels contain 14 . 14 acres more or less.
Humane Society Property together with the improvements
thereon, and more particularly described as follows:
Beginning at the NW Corner of Tract "A" of the Davis
property;
Thence along Southerly R.O.W. line of Colorado State High-
way #263 N 78°10' 11" E, 312. 63 feet to a point on the
approximate Northwesterly R.O.W. line of the Ogilvy Ditch
as now constructed;
Thence along the approximate Northwesterly R:O.W. line of
said Ogilvy Ditch the following courses and distances :
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•
S 16°52 ' 20" E 86. 12 feet;
S 21°42' 45" E 213. 39 feet;
S 09°28' 09". W 84. 09 feet;
S 50°06 ' 41" W 103. 06 feet;
S 77°33 ' 22" W 135. 50 feet;
S 79°23' 31" W 159. 38 feet; to a point;
Thence leaving said approximate
of said Ogilvy Ditch N03°4704" W, 425. 12rfeet ly tR.O.W.
oWtheine
True. Point of Beginning.
Said parcel contains 3. 476 acres more or less.
Also excluded is :
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 South and East
of the Ogilvy Ditch as the same now constructed.
Beginning at the Northeast Corner of the Humane Society
property as described in the deed recorded in Book 795,
Reception Number 1716761. fE
More particularly described as follows : Along the approx-
imate Northwesterly R.O.W. Line of the Ogilvy Ditch by the
following courses and distances :
South 16°52' 20" East, 86. 12 feet;
South 21°42' 45" East, 213. 39 feet; j
South 09°28 ' 09" West, 84. 09 feet; thence leaving said
parcel in a southerly direction 702 feet; thence
Easterly 1118 feet more or less to a point on the East
line of Section 1; thence North along the East line of
Section l to a point which is 315 feet North of the
southeast Corner of the N1 of the SE;, Section 1 as
described in the deed recorded in Book 1513, Page 141;
thence Northwesterly along the West line of said par-
cel 1082 feet more or less to a point on the Southerly
R.O.W. line of Colorado State Highway #263 ; thence leaving
said parcel in a Westerly direction along the South
R.O.W. line of Colorado State Highway #263 420 feet more
or less to the True Point of Beginning.
Said parcel contains 21. 5 Acres more or less.
Section 2 : All that part of the E1/2 of the SE; lying south of State
Highway #263 as presently constructed, being more par-
ticularly described as follows : Beginning at the south-
east corner of said Section 2 , and considering the East
line of the SE' 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 SE' of said Section 2, 1429. 39 feet to
a point on the South right• of way line of Colorado State
Highway #263; 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
SE' 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 .
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Section 11 : That part of the NE4 of the NA lying and being South
of the Cache la Poudre River; the Sh of the NWo, the
NE;, the West 20 rods of the N1 of the SEe, 17. 83 acres
in the NWT of the SE: as described in the deed recorded
in Book 241, page 233, Weld County Records.
That part of the NE4 of the NWT 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 6 . 5 acres located near
the South line of the NE4 of said Section 11 together
with the improvements thereon. (This exception to be
described by metes and bounds from a survey to be paid
by Seller. ) Book 775 , Reception Number 1697466.
Section 12 : The N1 of the NWT, the SEq of the NWT, the SW4 of the
NWT, the NE1 excepting therefrom that parcel of land
described as beginning 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 NEq 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 .
Together with 17 shares of the capital stock of the Delta Irrigation
Company and 3 shares of the capital stock of the Ogilvy Irrigating
and Land Company. Also together with all other water, water rights
and rights to the use of water for irrigation and domestic purposes
owned by Lessor and used on said lands above described and all
rights of way and easements for ditches , pipelines or other conduits
for the purpose of delivery of irrigation and domestic water to
said lands , including domestic and irrigation wells and pumping
plants, if any.
Said lands comprise 800 acres , more or less .
•
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IN WITNESS WHEREOF, the said parties have hereunto sub-
scribed their names and signed the same this 18th day of
April . 1979:
WELD COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF COLORADO,
BY THE BOARD OF COUNTY COMMISSIONERS
FOR ITS RESPECTIVE INTERESTS
(LESSOR)
2
ATTEST: NitilLwh tra
Weld County Clerk and Recorder
and Clerk , the Bo f)
B
e uty Count Cle� \
APP�2O D AS TO FORM: J}
V
County Attorney
ACC PTED: ,.7--er I
Lesse;%
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Mr. Harold Lae
23459 weld County Road Mo. 4,4
Greeley, Colorado 80631
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January 23, 1979 'y `:o
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Ms. Bette Rhoden •.�' C':?
Weld County Purchasing Director .)
P.O. Box 758 80631
ro
915 10th Street � "��"
Greeley, Colorado �✓
Dear Ms. Rhoden:
This is a list of items not included in the Davis
property lease.
Propane tank at main house
Other propane tanks at rel houses are leased by
renters from propane suppliers.
Bulk fuel tanks
Machinery and Vehicles
Irrigation Equipment and Supplies
Cattle Branding Chute
Calf branding chute and table
Portable Corrals
Feed Bunks (metal and wood)
north of barn)
Bulk feeder (located in pa
Furniture in houses
Lumber and fencing
Bay and feed
Stock watering tanks
All property owned by renters of houses
Livestock and all personal items
Sincerely,
/
Harold Law
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