The URL can be used to link to this page

Browse Search

Home My WebLink About20082107.tiff 60 -- T RESOLUTION RE: APPROVE VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE AND WARRANTY DEED AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - R.V. BORCHERT TRUST, C/O R.V. BORCHERT, TRUSTEE 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, the Board has been presented with a Vacant Land Contract to Buy and Sell d Real Estate and a Warranty Deed between the County of Weld, State of Colorado, by and through - E the Board of County Commissioners of Weld County, and R.V. Borchert Trust, c/o R.V. Borchert, Trustee, with terms and conditions being as stated in said contract, said property being described a c°C as: Ea-..12 a.,s Lots A and B of Recorded Exemption#510; being part of the NW 1/4 /4 =a of Section 30, Township 5 North, Range 65, West of the 6th P.M., mm c� Weld County, Colorado, also known as 2272 and 2282 42nd Street, �? B Evans, Colorado, and I. 3i' d io WHEREAS,after review, the Board deems it advisable to approve said contract and deed, c,!y copies of which is attached hereto and incorporated herein by reference. i .N .. 0,i=i —c,o NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld -N 0 County, Colorado, that the Vacant Land Contract to Buy and Sell Real Estate and the Warranty =oo Deed between the County of Weld, State of Colorado, by and through the Board of County no o Commissioners of Weld County, and R. V. Borchert Trust, do R. V. Borchert, Trustee, be, and a^cc hereby is, approved. —oo =m NE co o BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to —0,— sign all related documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of August, A.D., 2008. fl BOARD OF COUNTY COMMISSIONERS •. !i� (,.. //I\ WELD COUNTY, COLORADO ATTEST: , „ 0 ' \`} EXCUSED Ism ) IJ Willi m H. Jerke, Chair Weld County Clerk to th o. .' T, `/"'p l� \\\0_, ., ✓� y Robert D. asdeil, Pro-Tem BY: .�.�/�/, ��!!�1�2►t'%s: G ' Deputy Cler o the Board � William F. Garcia APP M: c.u, c, David E. Long 6 County Attorney EXCUSED YAW /0� Douglas Rademacher Date of signature: 2008-2107 n C 4 a�� // PR0030 LAW OF,PCES OF SONNTAG, GOOlIWIN & LEEF, P.C. ATTORNEYS AT LAW 742 JACKSON-P.O.BOX 299 1015 MAIN STREET SUITE 3 SIDNEY,NEBRASKA 69162 P.O.BOX 1092 PHONE(308)254-4559 .. BRIDGEPORT,NEBRASKA 89336-1092 FACSIMILE(308)254-4615 PHONE(308)262-0455 sgllawOhamiaon.nel THOMAS M.SONNTAG PLEASE DIRECT ALL ROBERT P.GOODWIN CORRESPONDENCE J.LEEF WWW.sidneylawyers.COm TO SIDNEY OFFICE July 29, 2008 Via Certified Mail 2ii D et JUL 31 j ° a! 2" Weld County Attorney ID a l u Attn: Stephanie Arries WELD COUrai l 915 Tenth Street ArromyEy•, PO Box 758 Greeley CO 80632 Re: Vacant Land Contract to Buy and Sell Real Estate Dear Stephanie: Enclosed please find two (2) original Vacant Land Contracts to Buy and Sell Real Estate executed by R.V. Borchert, Trustee of the R.V. Borchert Trust, dated March 4, 2004. Please have the County Board Chairman execute both sets and mail one (1) original to my office in the pre-addressed stamped envelope I have enclosed for that purpose. In the meantime, if you have any questions or comments, please do not hesitate to contact me. Respectfully, Robert P. Goodwin FOR THE FIRM RPG/np enclosure cc: Joan Schneider 111111111111111111 IIII 11111111111111111111111111111 IIII 3576607 09/05/2008 02:27P Weld County, CO 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2008-2107 VACANT LAND 744 CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) 1. The undersigned hereby acknowledges having received and accepted a bid from R. V. Borchert,Trustee of the R.V. Borchert Trust,dated March 4,2004,for the sum of Fifty-one Thousand and Seven Hundred Fifty and NO/100 Dollars ($51,750.00), said amount to be paid at closing in the form of cash or certified funds as payment in full for the following described real estate, to wit: Lots A and B of Recorded Exemption No.0961-30-3-RE-510, Recorded September 17, 1981 in Book 947 at Reception No. 1869204, situate in the Northwest Quarter of Section 30, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado Also known by Street and Number as 2272 and 2282 42nd Street, Evans, Colorado. together with all easements and right-of-way appurtenant thereto, hereinafter called the property. 2. The undersigned person(s), Diamond B Real Estate, hereinafter called Purchaser, hereby agrees to buy the Property, and the Board of County Commissioners of Weld County, hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S. Fifty-one Thousand and Seven Hundred and Fifty and NO/100 Dollars($51,750.00), payable as follows: cash or certified funds at the time of closing. 4. Price to include vacant land only. 5. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by purchaser. 6. Seller to provide special warranty deed only. Title insurance not to be provided by Seller, but . may be obtained by Purchaser. 0 =0 cc 7. The date of closing shall be the date for delivery of deed as provided in paragraph 8. The hour and place of closing shall be as designated by Seller. _=a 0 8. Title shall be merchantable in Seller, except as stated in this paragraph and in paragraphs 9 o d and 10. Subject to payment or tender as above provided and compliance by purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient special warranty deed to Purchaser upon receipt of final payment or, by mutual agreement, at Jar.N an earlier date, conveying the Property free and clear of all taxes,and free and clear of all liens E ti for special improvements installed as of the date of Purchaser's signature hereon, whether o assessed or not;free and clear of all liens and encumbrances,and except the recorded and/or Eliao o apparent easements and subject to building and zoning regulations. aoo o0 9. Except as stated in paragraphs 8 and 10, if title is not merchantable and written notice of o defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before Ea °C date of closing, Seller shall use reasonable effort to correct said defect(s) prior to date of —m Page 1 of 3 35744 09/02/2008 03:37P Weld Conty, CO yA� 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7OO9 - a/07 closing. If Seller is unable to correct said defect(s) on or before date of closing, at Seller's option and upon written notice to purchaser or Purchaser's agent on or before date of closing, the date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph 10, if title is not rendered merchantable as provided in this paragraph 9, at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 10. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 11. Possession of the Property shall be delivered to Purchaser on closing date. 12. In the event the Property is substantially damaged by flood or other casualty between the date of this contract and the date of delivery of deed, Purchaser may elect to terminate this contract; in which case all payments and things of value received hereunder shall be returned to Purchaser. 13. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (A) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be - . returned to Purchaser and Purchaser may recover such damages as may be proper,or g (2) Purchaser may elect to treat this contract as being in full force and effect and c Purchaser shall have the right to an action for specific performance or damages, or ca en both. - `_0 (B) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be 3 forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect =mfr. ; and Seller shall have the right to an action for specific performance or damages, or mom both. N hoc —m- o (C) Anything to the contrary herein notwithstanding, in the event of any litigation arising out m=i of this contract, the court may award to the prevailing party all reasonable cost and —o o expense, including attorneys' fees. moo cc 14. If this proposal is accepted by Purchaser in writing and Seller receives notice of such N. _o CO acceptance on or before August 4, 2008, this instrument shall become a contract between VD o Seller and Purchaser and shall inure to the benefit of the heirs, successors and assigns of -- - " such parties. 111111 IIIIII 111111 IFNI IIIII 1111 IIII 44 09/02/2008 03:37P Weld County, CO 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 3 1:$ SELLER: /f F��s BOARD OF COUNTY COMMISSIONERS ATTEST: ` ., WEL COUNTY, COLORADO ys pt. Y , Weld County Clerk to e :card '\, t Y: 4 %1/40 r„, ji A Chairman Pro-Tern, Robert D. Masden r' 915 10th Street \, .` " Greeley, CO 80631 08/04/2008 BY: % !.:r7iL4 i i L•�i Deputy CI tot e Board (The following section to be completed by purchaser) 15. Purchaser accepts the above proposal this 29th day of July , 2008. PURCHASER: a v `0 y LI eE R. V. o ert, Tr stee of the R. V. Borchert Trust, dated March 4, 2004 = cd =ca a" 0 PO Box 467, 945 10th Avenue .-0 ,1 . -F d Sidney NE 69162 a ti (Address) -GJ a�00 O ai 0 O BOO -00 -00 X010 SUBSCRIBED AND SWORN to before me this 29th day of July , 2008. -0x mim N. o co WITNESS my hand and official seal. in o -" I GENERAL wo aw-Slate of Nebraska e ROBERT P.GOODWIN yy Comm.Eap.Nay30,20i2 (Notary Public) My commission expires: May 30, 2012 1111111111��1112110,1III\ I\\\It IIIIIIIIIItillIIIIIII\ 357 ]44 09102 Page 3 of 3 y6f R 0.00 D 0.00 Steve Moreno Clerk& Recorder a,'005'` c/D'7 O2nn SPECIAL WARRANTY DEED THIS DEED, Made this day of August, 2008,between the County of Weld, a body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, grantor,and whose legal address is 915 10th Street, Greeley, Colorado 80631, and R. V. Borchert, Trustee of the R. V. Borchert Trust, dated March 4, 2004, whose address is P.O. Box 467, Sydney, Nebraska, 69162, grantee: WITNESSETH,That the grantor(s),for and in consideration of the sum of ten FIFTY-ONE THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS($51,750.00),the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,bargain, sell,convey and confirm,unto the grantee(s),its heirs and assigns forever, all the real property, together with improvements, in any, statute, lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown in the attached Exhibit "A." TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining, and the reversion and reversions,remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, its heirs and assigns forever. The grantor for itself, its heirs and personal representatives or successors, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. 11161,91101121 IIII 131111111111111 III Illll Ilt IIII 0.00 D 0.00 Steve Moreno Clerk& Recorder 111111111111111111 III 1111111 II IIIIIIII III IIIII IIII VIII 3576607 6 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. COUNTY OF WELD, a body corporate and politic of the STATE OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD William H. Jerke, Chair STATE OF COLORADO ) ) ss. County of Weld County ) The forgoing instrument was acknowledged before me this day of August, 2008, by William H.Jerke,Chair,Board of County Commissioners of the County of Weld,a body corporate and politic of the State of Colorado. Witness my hand and official seal. My commission expires: 111111111111 111111 1111 IIII 111111 1111111 III VIII IIII IIII 3575744 09/02/2008 03:37P Weld County, CO 5067 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder I 111111 11111 DIII1 III1 1111111 1111111111 III 11111 1111 1111 3576607 09/05/2008 02:27P Weld County, CO 7 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Lots A and B of Recorded Exemption No. 0961-30-3-RE-510, Recorded September 17, 1981 in Book 947 at Reception No. 1869204, situate in the Northwest Quarter of Section 30, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado 1 11111 11111 11111 111111111111111111111 III 111111111 1111 3576607 09/05/2008 02:27P Weld County, CO 8 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1 11111 11111 11111 1111 111 111111 1111111II1111111111 X 111 357 744 09/02/2008 03:37P Weld County, C2 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Hello