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Home My WebLink Aboutbocc.ord.035.2001 l • I III I IIII IIIIII III IIII I III II II III III IIII II 0Page: I 8 28/0? 08:49A SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,APPROVING A SALE AND PURCHASE AGREEMENT BETWEEN PITKIN COUNTY AND GERD ZELLER AND JOHN AND CYNTHIA GELARDI ORDINANCE (222�-2001 Recitals 1. Gerd Zeller and John and Cynthia Gelardi have also approached the County with a proposal to acquire some of the adjudicated water rights of the County. 2. These water rights will be confirmed upon adjudication of the County's current water application. 3. Zeller/Gelardi have proposed to purchase 5.75 acre feet of consumptive use credits from the County at a price of$10,000.00 per acre foot, for a total of$57,500.00. 4. The offered purchase price of$10,000.00 per acre foot is an appropriate value for the County's water rights. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that the Sale and Purchase Agreement is approved, and the Chairman of the Board is hereby authorized and directed to pxecute the Sale and Purchase Agreement,Sc-65r+V"`I to /A- T-ks *0J-M 0-5 k-fT4CI1Eo WfAg " , INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 8`K DAY OF AUGUST, 2001. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 11`" DAY OF AUGUST, 2001. APPROVED AND ADOPTED UPON SECOND READING AND PUBLIC HEARING ON THE 22"" DAY OF AUGUST, 2001 PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 1"DAY OF SEPTEMBER, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jea ette Jones Michael C. Ireland, Chair T De uty Clerk Date: 0�",7 J �J/ 1 4 IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 0471632 Page: 2 of a 8 28//2002 08:49R APPROVED AS TO FORM: DAVISSILVIA PITKIN COUNTY CO R 0.00 0 0.00 (�:�v�*r\ ff� Al J n M. Ely Hilary Flet Smith County Attorney County Manager C:\home\j anea\ords\Zeller-GelardiSale&Purchase.doc 2 II II it IIII I III I IIII II III I II II III Page:8/0 08:49R SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 RECORDERS NOTE: The purchase and sale agreement associated with this Ordinance was never finalized in 2001. Check 2002 records for agreement. SILVII IIIII IIIII IIIII COUNTY CO III IIIII IIII IIIIO 08ge:8 2002 08:4ea D 0.00 SALE AND PURCHASE AGREEMENT This Sale and Purchase Agreement is made and entered into this _ day of ,2001,by and between The Board of County Commissioners of Pitkin County(hereinafter identified as "Seller"), and Gerd Zeller and John and Cynthia Galardi (hereinafter identified as "Buyers") and WHEREAS, Seller is the owner of the following-described water right: 8 cubic feet per second absolute of the Stapleton Brothers Ditch, decreed on October 16, 1933 in Civil Action No. 3000, Pitkin County District Court, State of Colorado, with an appropriation date of June 30, 1904; and WHEREAS,Seller has filed its application for change of water right,approval ofplan for augmentation and appropriative right of exchange regarding this water right with the District Court, Water Division No. 5, Case No. 99CW306, which case is pending; and WHEREAS, the change of Stapleton Brothers Ditch water right in Case No. 99CW306 includes confirmation of 249 acre-feet per year of consumptive use water credits; and WHEREAS, of the 249 acre-feet per year of consumptive use credits, an estimated 18 acre-feet per year will be used by the Seller to irrigate landscaped acreage on the Pitkin County Airport property; and WHEREAS,pursuant to the application for change of water right, approval of plan for augmentation and appropriative right of exchange in case No. 99 CW 306, the remaining 231 acre-feet per year consumptive use credits may be retained by Pitkin County, or sold or leased to other water users; and WHEREAS, Buyer wishes to purchase 5.75 acre-feet per year of consumptive use credits from the Pitkin County Stapleton Brothers Ditch water rights; and WHEREAS, Seller wishes to sell the 5.75 acre-feet per year of consumptive use credits from the Pitkin County Stapleton Brothers Ditch water rights to Buyers. NOW, THEREFORE,in consideration of the mutual promises of the parties hereto, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Seller agrees to sell to Buyers 5.75 acre-feet per year of consumptive use credits from the Pitkin County Stapleton Brothers Ditch water right, to be calculated as an overall percentage of the 249 acre-feet per year of consumptive use credits confirmed in Case No. 99CW306; these 5.75 acre-feet of water shall be delivered pro-rata out of the monthly distribution set forth in the Decree in 99CW306, and shall not include any Grizzly Reservoir storage water available to the County. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CO a e:5 of 08:49R R 0.00 D 0.00 2. The price for this water is $10,000 per acre-foot for a total of$57,500. 3. Sale of 5.75 acre-feet of consumptive use credits of the Stapleton Brothers Ditch water rights to Buyers is conditioned upon Pitkin County's application in Case No.99CW306 for confirmation of 249 historic consumptive use credits being approved. 4. Purchase of the 5.75 acre-feet of Pitkin County Stapleton Brothers Ditch consumptive use credits by the Buyers is conditioned upon the following: a. Buyers' intend to use the 5.75 acre-feet of consumptive use credits from the Pitkin County Stapleton Brothers Ditch water rights for augmentation purposes and Buyers will submit a plan of augmentation for approval to the Water Court. If Buyers' application for approval of its augmentation plan is denied,Buyers may have no use for the Stapleton Brothers Ditch water;therefore Buyers'have the option to terminate this agreement to purchase the 5.75 acre-feet of Stapleton Brothers Ditch consumptive use credits upon such denial. b. Buyers have filed an application to register an existing well on their properties. If the well application is approved,the well will provide water for a portion of Buyers' landscaped areas. Under these circumstances,Buyers would require only 3.75 acre-feet of the Pitkin County Stapleton Brothers consumptive use credits for their augmentation plan. Therefore, if the well application is approved, Buyers' purchase have the option to reduce their purchase to 3.75 acre-feet of Stapleton Brothers Ditch consumptive use credits. C. Buyers shall satisfy all of the above conditions or waive them by July 1, 2002, and if not so satisfied or waived this Agreement shall terminate automatically. 5. The remaining purchase price of$10,000 per acre-foot of consumptive use credits shall be paid in cash or certified funds upon closing. Buyers have tendered a$5000 payment with the signing of this Agreement,which payment shall be applied to the purchase price; if Buyers elect to not go forward with the purchase for any reason, the $5000 initial payment shall be non- refundable. 6. Closing on the purchase and sale of the Pitkin County Stapleton Brothers Ditch consumptive use credits shall occur within 30 days of the Decree in Pitkin County's application for change of water right,approval of plan for augmentation,and appropriative right of exchange pending in District Court, Water Div. No. 5, Case No. 99CW306 and the Decree in Buyers' application for approval of plan for augmentation have been entered. Closing shall occur -2- 471632 SILVIIp IIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIIIO 08//28/2000008:49A at a location mutually agreed upon by all parties, and at such date and time as may be mutually agreed upon by all parties. Transfer shall be by special warranty deed. 7. Seller makes no warranty or representation about the suitability of the Stapleton Brothers Ditch water right described above for Buyers use or purposes. 8. This agreement shall inure to the benefits of the parties hereto, their heirs, successors, representatives and assigns. This agreement may be modified only by writing of the parties. IN WITNESS WHEREOF,the parties have caused these presents to be executed the day and year first above written. SELLER: BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY By ATTEST: APPROVED AS TO FORM: -3- 47163 IIIIIIIIIIIIIIIIIIII II IIII IIIIiI IIIII III IIII 8g 8//200 08:49A SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.09 BUYER: Gerd Zeller John Gelardi Cynthia Gelardi STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) The foregoing was acknowledged before me this_ day of , 2001 by as and as of Pitkin County Board of County Commissioners. Witness my hand and official seal. Notary Public My commission expires: STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) Gerd Zeller. The foregoing was acknowledged before me this—day of , 2001 by Witness my hand and official seal. Notary Public My commission expires: -4- STATE OF COLORADO ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a 9 7 6a? e UNTY CO Z8/202 08:49R ) ss R 0.00 0 0.00 COUNTY OF PITKIN ) The foregoing was acknowledged before me this day of 2001 by John Gelardi and Cynthia Gelardi. Witness my hand and official seal. Notary Public My commission expires: -5- SALE AND PURCHASE AGREEMENT 1 This Sale and Purchase Agreement is made and entered into this,, day ofAit&+,2001,by and between The Board of County Commissioners of Pitkin County(hereinafter identified as"Seller"),and Gerd Zeller and John and Cynthia Galardi(hereinafter identified as"Buyers")and WHEREAS, Seller is the owner of the following-described water right: 8 cubic feet per second absolute of the Stapleton Brothers Ditch,decreed on October 16, 1933 in Civil Action No.3000,Pitkin County District Court, State of Colorado,with an appropriation date of June 30, 1904;and WHEREAS,Sellerhas filed its application for change ofwaterright,approval ofplan for augmentation and appropriative right of exchange regarding this water right with the District Court,Water Division No. 5,Case No. 99CW306,which case is pending;and WHEREAS, the change of Stapleton Brothers Ditch water right in Case No. 99CW306 includes confirmation of 249 acre-feet per year of consumptive use water credits;and WHEREAS,of the 249 acre-feet per year of consumptive use credits, an estimated 18 acre-feet per year will be used by the Seller to irrigate landscaped acreage on the Pitkin County Airport property;and WHEREAS,pursuant to the application for change of water right,approval of plan for augmentation and appropriative right of exchange in case No.99 CW 306,the remaining 231 acre-feet per year consumptive use credits may be retained by Pitkin County,or sold or leased to other water users;and WHEREAS, Buyer wishes to purchase 5.75 acre-feet per year of consumptive use credits from the Pitkin County Stapleton Brothers Ditch water rights;and WHEREAS,Seller wishes to sell the 5.75 acre-feet per year of consumptive use credits from the Pitkin County Stapleton Brothers Ditch water rights to Buyers. NOW,THEREFORE, in consideration of the mutual promises of the parties hereto,the receipt and adequacy of which are hereby acknowledged,the parties agree as follows: 1. Seller agrees to sell to Buyers 5.75 acre-feet per year of consumptive use credits from the Pitkin County Stapleton Brothers Ditch water right,to be calculated as an overall percentage ofthe 249 acre-feet per year of consumptive use credits confirmed in Case No. 99CW306;these 5.75 acre-feet of water shall be delivered pro-rata out of the monthly distribution set forth in the Decree in 99CW306,and shall not include any Grizzly Reservoir storage water available to the County. 2. The price for this water is$10,000 per acre-foot for a total of$57,500. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII 4g51 z2 0 01:17P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 3. Sale of 5.75 acre-feet of consumptive use credits of the Stapleton Brothers Ditch water rights to Buyers is conditioned upon Pitkin County's application in Case No. 99CW306 for confirmation of 249 historic consumptive use credits being approved. 4. Purchase of the 5.75 acre-feet of Pitkin County Stapleton Brothers Ditch consumptive use credits by the Buyers is conditioned upon the following: a. Buyers'intend to use the 5.75 acre-feet of consumptive use credits from the Pitkin County Stapleton Brothers Ditch water rights for augmentation purposes and Buyers will submit a plan of augmentation for approval to the Water Court. If Buyers' application for approval of its augmentation plan is denied,Buyers may have no use for the Stapleton Brothers Ditch water; therefore Buyers' have the option to terminate this agreement to purchase the 5.75 acre-feet of Stapleton Brothers Ditch consumptive use credits upon such denial. b. Buyers have filed an application to register an existing well on their properties. If the well application is approved,the well will provide water for a portion of Buyers' landscaped areas. Under these circumstances,Buyers would require only 3.75 acre- feet of the Pitkin County Stapleton Brothers consumptive use credits for their augmentation plan. Therefore,ifthe well application is approved,Buyers'purchase have the option to reduce their purchase to 3.75 acre-feet of Stapleton Brothers Ditch consumptive use credits. C. Buyer shall satisfy all of the above conditions or waive them by December 31, 2002;or the parties may mutually consent to extend this Agreement if the Buyers are making reasonable progress toward satisfaction of the conditions,which consent shall not be unreasonably withheld;and ifnot so satisfied,waived,or extended,this Agreement shall terminate automatically on December 31,2002. 5. The remaining purchase price of$10,000 per acre-foot of consumptive use credits shall be paid in cash or certified funds upon closing. Buyers have tendered a$5000 payment with the signing of this Agreement, which payment shall be applied to the purchase price;if Buyers elect to not go forward with the purchase for any reason, the$5000 initial payment shall be non-refundable. 6. Closing on the purchase and sale of the Pitkin County Stapleton Brothers Ditch consumptive use credits shall occur within 30 days of the Decree in Pitkin County's application for change of water right,approval of plan for augmentation, and appropriative right of exchange pending in District Court, Water Div.No. 5,Case No. 99C W306 and the Decree in Buyers'application for approval of plan for augmentation have been entered. Closing shall occur at a location mutually agreed upon by all parties,and at such date and time as may be mutually agreed upon by all parties. Transfer shall be by special warranty deed. 2 1111111111111111 Page:202 0t:t7P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 00"N 10,%N 7. Seller makes no warranty or representation about the suitability of the Stapleton Brothers Ditch water right described above for Buyers use or purposes. 8. This agreement shall inure to the benefits of the parties hereto, their heirs, successors, representatives and assigns. This agreement may be modified only by writing of the parties. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. SELLER: BOARD OF COUNTY COMMISSIONERS PIT KIN COUNTY ATTEST: APPROVED AS TO FORM: BUYEA�'Gerd Z 3 I IIIIII IIIII IIIIII IIIII IIII IIIIII IIIIII III IIIII IIII IIII Page: 9 1�2002 01:17P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 1 � ''jo n Gelardi Cy is Gelardi STATE OF COLORADO ) )ss COUNTY OF PITKIN ) The rego'ng acknowledg of a me this 9Xa day f U S 2001 by as and as of Pitkin County Board of Coul y Commissioners. Witness my hand and official seal. .(W. �` V i� Notary ryPublic = +n"• yp� �� r Lam+ Q'\ �/ �yam'\ My commission expires: ��. alp, STATE OF COLORADO ) O�P17Y pVe` )ss COUNTY OF PITKIN ) JEAN . MOORE t0 The foregoing was acknowledged before me this�day '20Q-by Gerd Zeller. r Cp, Witness my hand and official seal. My Comr.,., .1 L ,,:r;s 0,1/28/2004 Nouiy Public My commission expires: 4//C2 8l.�D o q STATE OF COLORADO ) )ss COUNTY OF PITKIN ) The foregoing was acknowledged before me this Z d 20Qj4y John Gelardi and Cynthia Gelardi. (P,... .... Witness my hand and official seal. JEAN t10ORE rnL 'O I IIIIII IIIII IIIIII IIIII IIII III 475152 s IIIIIIIIIIIIIIIIIIIIIIIII Page. 4 of 5 MY COmmISSi0I1 Lam, SILVIA DAVIS PITKIN COUNTY CO 11/21/2002 01:17P R 0.00 D 0.00 Not Public My commission expires: 5 1111111111111111 475152Page:z 0 0t:17P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00