HomeMy WebLinkAbout820328.tiff RESOLUTION
RE: APPROVAL OF CONTRACT TO SELL REAL ESTATE BETWEEN WELD COUNTY
AND FREDRICK AND LINDA FANGMEIER
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 of County Commissioners declared the Davis
Ranch property as surplus on July 11, 1979, and
WHEREAS, the Board of County Commissioners has been presented
with a vacant land contract to buy and sell real estate between
the Board of County Commissioners and Fredrick and Linda Fangmeier,
a copy of said contract is attached hereto and incorporated herein by
reference, and
WHEREAS, the Board of County Commissioners deems it is in the
best interests of Weld County to accept said contract for the sale
of the following described property:
A strip of land, approximately 20 feet wide and 1, 286 feet
long, located in the N'SWa, Section 11, Township 5 North,
Range 65 West of the 6th P.M.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners that the contract to buy and sell real estate between the
Board of County Commissioners and Fredrick and Linda Fangmeier be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of the
Board is hereby authorized to sign said contract.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote on the 8th day of February,
A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
WELD) COUNTY, COLORADO
/ (AYE)
ATTEST: ` n T. Martin, Chairman
J --)
COUNTY CLERK AND RECORDER j (AYE)
AN₹� CLERK TO T (BOARD Chd k Carlson, ro Tern
BY r (9-- \--,4tiW J� _ (AYE)
K, BY
/---Deputy County Clerk Norman Carlson{
'' ' APPROVED AS TO FORM: ; l 7 (AYE)
C. W.
Kiel
ti<'1 7 e �i y17 (AYE)
COUNTY ATTORNEY ?ang
e K. Steinmark
820328
02,CS2CAC
DATE. PRESENTED: February 10, 1982
The printed portions of this form approved by the I
Colorado Real Estate Commission(SC 27-7-811
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TM OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGHING.
VACANT LAND
CONTRACT TO Buy AND SELL REAL ESTATE
(Remedies Include Specific Performance)
February 1 _.19 82
1. The undersigned agent hereby acknowledges hav`ng received from Fredrick V• and
Linda A. Fanomeer the sum of$ 50.00 -.in the form of check
--- - tobeheldby Austin & Austin Real Estate
rCsc�. in broker's escrow or trustee account. as earnest money and part payment for the following described
,;fait.in he ___ _County of Weld___._.Coio:-ado.to wit: ..,
,trip of land, approx. 20 ft. wide & 1286 ft. long, located in the NSW!5,
11 , Twn. 5 North, Range 65 West of the 6th P.M. Seller to provide � I
more complete legal as a result of survey. (Exhibit B)
together with all easements and rights of way appurtenant thereto, and all improvements thereon and all fix,cres of
a permanent nature currently on the premises except as hereinafter provided, in their present condition ordinary
weal and tear excepted, and hereinafter called the Property.
2. The undersigned person(SL_fredr1C _t_and_ii lda_A._.Fsflfarae1eY' _---.._.—.. .. .
joint tenantst tenants in common), hereinafter called Purchaser, hereby agrees to buy the Property, and '1'c
undersigned owner's), hereinafter called Seller, hereby agrees to sell the Property upon the terms and condit;--'.:
stated herein. i .
3. The purchase price shall be U.S.$_ 1 ,000.00 ,payable as follows:S. 52'P9 bl ._hereby rcroipted for:
$950.00 plus customary closing costs to be paid in cash or certified funds coon
date of closing and delivery of deed.
j,
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4. Price to include: vacant land only
and the following water rights: none
5. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a)
apply for such loan,(b)execute all documents and furnish all information and documents required by the lender,and
(c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before not applicable
19—_,or if so approved but in not available at time of closing,this contract shall be null and void and all payments and
things of value received hereunder shall be returned to Purchaser.
6. If a note and trust deed or mortgage is to be assumed. Purchaser agrees to apply for a loan assumption if
required and agrees to pay(1)a loan transfer fee not to exceed$ not applicable and(2)an interest rate
not to exceed %per annum.If the loan to be assumed has provisionsfor a shared equity or variable
interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such
provisions. If the lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such
consent without change in the terms and conditions of such loan except as herein provided.
7. If a note is to be made payable to Seller as partial or full payment of the purchase price,this contract shall not
be assignable by Purchaser without written consent of Seller.
8. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser
No.SC 27-2-S I.Contract to Buy and Sell Real Estate'vacant Land)
Bradford Pu Misfit no Co.,5825 w.5th Ave..Lakewood,Colorado 80214—I353)2134)900—2.8
9. An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an
amount equal to the purchase price, at Seller's option and expense, shall be furnished to Purchaser on or before '1
February 15 ,19BL.If Seller elects to furnish said title insurance commitment,Seller will
deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
10. The date of closing shall be the date for delivery of deed as provided in paragraph 11. The hour and place of
closing sh,all be as designated by Austin & Austin Real Estate i
11. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and13. 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 general warranty deed to Purchaser en
February 22 , 19_82_,or,by mutual agreement, at an earlier date,conveying the Property free and
no exceptions
clear of all taxes,except the general taxes for the year of closing,and except h
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether ii
h
assessed or not:free and clear of all liens and encumbrances except, no exceptions _
except the following restrictive covenants which do not contain n right of reverter: A "Right of Overflight"
described in attached Exhibit A and a part of this contract by reference.
and except the following specific recorded andior apparent easements: those of record
and subject to building and zoning regulations. •
12, Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defectts)is given b
Purchaser or Purchaser's agent to Seller or Sel;sr's agent on or before date of closing. Seller shall use reasonable
effort to correct said defect(s)prior to date of 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, thi t
date of closing shall be extended thirty days for the purpose of correcting said defecttsl.Except as stated,in paragraph x
3
13,if title is no: rendered merchantable as provided in this paragraph 12,at Purchaser's option.this contract shall be b,
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.
13. Any encumbrance required to be paid may he paid at the time of settlement from the proceeds of ths l
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 l
be returned to Purchaser. tl
14. General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid e
rent:; water.rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any,and
none other shall be apportioned to date of delivery of deed. p
15. Possession of the Property shall be delivered to Purchaser on Closing date - '
subject to the following leases or tenancies: Leased to Harold &, Betty Law until March 1 , 1982 �r
i;
16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this 1
contract and the date of delivery of deed,Purchaser may elect to terminate this contract;in which case all payments
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and things of value received hereunder shall be returned to Purchaser.
17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment j'.
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: ti
(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(2)Purchaser may elect to treat this contract as being in full force and effect ttp
and Purchaser shall have the right to an action fot specific performance or damages,or both.
(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 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 and Seller shall have the right to an action for specific performance or damages,or both.
(c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this
contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees.
18. Purchaser and Seller agree that,in the event of any controversy regarding the earnest money held by broker,
unless mutual written instruction is received by broker,broker shall not be required to take any action but may await
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any proceeding,or at broker's option and discretion,may interplead any moneys or things of value into court and may
recover court costs and reasonable attorneys'fees. -
19. Additional provisions: none
90. If this proposal is accepted by Seller in writing and Purchaser nbtetves notice '.f such acceptance •,n or beton•
—. February 5 , 19 82 this instrument shall become a cents act between Seller xnd Purchaser nn-1 shall
inure to the benefit of the heirs,successors and assigns of such parties,except as stated in paragraph 7.
atdejf Broker AUSTIN & AUSTIN REAL ESTATE
Pur^a,er FredricT< V. ang r Date
r L" d i n a A. L4/ By:
P„«n
�� ��.,d L U-i-GC
a5er Fangm 7 er` Date David E. Clark
Purchaser's Address
(The following section to be completed by Seller and Listing Agent)
21. Seller accepts the above proposal this day of . 19 and agrees
to pay a commission of 5 %of the purchase price for services in this transaction,and agrees that,in
the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall
be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the
balance to Seller.
BOAR BY WELD COUNTY COMMISSIONERS
B %
2�. .4
Seller
Seller's Address._
Listing Broker's Name and Address 2717 East 18th Street, Greeley, Colorado 356-2267
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EXHIBIT A
RIGHT OF OVERFLIGHT
Seller shall reserve unto itself, its successors and assigns, for the use
and benefit of the public , a right of flight for the passage of aircraft
in the airspace above the surface of the real property hereinafter described,
together with the right to cause in said airspace such noise as may be
inherent in the operation of aircraft now known or hereafter used for
navigation of or flight in the said airspace and for use of said airspace
for landing on, taking off from, or operating on the Weld County Municipal
Airport.
Seller expressly agrees for itself, its successors and assigns to prevent
any use of the hereinafter described real property which would interfere
with landing or taking off of aircraft at the Weld County Municipal Airport,
or otherwise constitute an airport hazard. In the event the aforesaid
covenant is breached , the grantor is to reserve the right to enter upon the
land released hereunder and to remove the offending structure or object and
to cut the offending growth, all of which shall be at the expense of the
grantee.
EXHIBIT B
PARCEL #2
LEGAL DESCRIPTION
A twenty (20) foot access road located in that part of the Southwest Quarter
(SWa) of Section 11, Township 5 North, Range 65 West of the 6th P.M. , Weld
County, Colorado, being more particularly described as follows : Beginning at
the West Quarter Corner (Wq Cor) of said section 11 and considering the West
line of the Northwest Quarter (NWq) of said Section 11 as bearing North 00O25' 31" East
and with all other bearings contained herein relative thereto;
Thence North 89°36' 17" East along the East-West centerline of said Section 11,
a distance of 1316.04 feet to the True Point of Beginning (T.P.O.B.) ;
Thence North 89636'17" East, a distance of 20.00 feet;
Thence South 00°06' 14" West, a distance of 1286.42 feet, more or less, to a point
on the North ROW line of East 18th Street;
Thence North 89°39' 42" West, a distance of 20.00 feet along said North ROW line;
Thence North 00°06' 14" East, a distance of 1286.16 feet, more or less, to the
True Point of Beginning (T.P.O.B. ) .
Said described parcel contains 0.591 acres , more or less, and is subject to any
rights-of-way as granted or reserved by instruments of record or as now existing
on said described parcel of land.
February. 7, 1982 - L =""'
•ER REESE P f
C`Li 'ADO P.E. & L.S. OED��� 1�457EpEQ,SF.•,�
I do hereby certify that I have prepared the above 1 - al description' figD ,
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