HomeMy WebLinkAbout870317.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE -
KENNETH WHITNEY
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 an Agreement
between Weld County, Colorado, and Kenneth Whitney for the sale
and purchase of a certain parcel of land, including all
improvements thereon, and
WHEREAS, said parcel of land is described as being Lot 10,
Block 34 , LeRoy' s Addition to the Town of Keota , Colorado , and
WHEREAS, the purchase of said parcel is for the purpose of
placing a mobile home pad near the grader shed at said location,
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement for the
Sale and Purchase of Real Estate, including the land and all
improvements thereon, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be , and
hereby is, authorized to sign said Agreement.
870317
Page 2
RE: AGREEMENT - KENNETH WHITNEY
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 27th day of
April, A.D. , 1987.
9)
ATTEST: (/� nv BOARD OF COUNTY COMMISSIONERS
WELD COU L ADO
Weld County Clerk and Recorder
_and Clerk to the /Board Go airman
BY" 6?1`47uv_} l�q C.W. Kirby, P -Tem
eputy County clerk
EXCUSED
APPROVED AS TO FORM: Gene R. Brantner
6')- 1 ' ne Jo nson
County Attorney
Frank amaQ�i
870317
AR 2017116
AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
INCLUDING LAND AND ALL IMPROVEMENTS
THIS AGREEMENT, made at Greeley, Colorado, this 27thday of
April , 1987 , between WELD COUNTY, COLORADO, a body
corporate and politic of the State of Colorado, hereinafter
"Purchaser, " and E. KENNETH WHITNEY, Greeley National Plaza , Suite
760 , Greeley, Colorado 80631 , hereinafter "Seller. "
m O
o U WITNESSETH:
" 0 That in consideration of the payment by the Purchaser to
ca Seller of the sum of ONE HUNDRED DOLLARS ($100 . 00) , in cash , and
w other good and valuable consideration , Seller agrees to sell to
o 3 the Purchaser and Purchaser agrees to purchase from Seller the
o following described real property: A parcel of land and all
ww improvements thereon within the following tract: Lot 10 , Block
z 35 , LeRoy' s Addition to the Town of Keota, Colorado. Said parcel
O of land and all improvements thereon is hereinafter referred to as
w the "Parcel" according to the terms and conditions set forth
herein.
..
ro x The agreement of sale and purchase of Parcel is subject to
w the following conditions:
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1 . Seller shall furnish to Purchaser a Warranty Deed
H covering only the surface rights of the Parcel. Title insurance
may be provided by Purchaser at its option.
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2 . Title shall be merchantable in Seller, except as stated
`r3 in this paragraph and in paragraph 5 . Subject to payment or
z tender as above provided and compliance by Purchaser with the
z other terms and provisions hereof, Seller shall execute and
o z deliver a good and sufficient warranty deed to Purchaser on a date
o certain set by Purchaser, conveying the property free and clear of
u z all taxes, except general taxes for 1987 , payable January 1 , 1988 ,
and free and clear of all liens for special improvements installed
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as of the date of Purchaser' s signature hereon , whether assessed
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or not; free and clear of all liens and encumbrances, and except
N the recorded and/or apparent easements , and subject to building
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and zoning regulations and reserving all mineral rights to the
Seller.
3 . General taxes for the year 1987 shall be apportioned to
date of delivery of deed based on the most recent levy and the
most recent assessment.
4 . The date of closing shall be the date of delivery of
deed as provided in paragraph 2 . The hour and place of closing
shall be designated by Purchaser.
Page 1 of 3 Pages
870317
5 . Except as stated in paragraph 2 and this paragraph , if
title is not merchantable and written notice of defect (s) is given
by Purchaser or Purchaser' s agent to Seller or Seller' s agent on
or before the date of closing, Seller shall use reasonable efforts
to correct said defect (s) prior to the date of closing. If Seller
is unable to correct said defect (s) on or before the date of
closing, at Seller' s option and upon written notice to Purchaser
or Purchaser' s agent on or before the date of closing, the date of
closing shall be extended thirty (30) days for the purpose of
correcting said defect (s) . Except as stated in paragraph 2 , if
title is not rendered merchantable as provided in this paragraph
Mo 5 , at Purchaser' s option , this contract shall be void and of no
OO effect and each party hereto shall be released from all
obligations hereunder and all payments and things of value
N0
received hereunder shall be returned to Purchaser provided ,
o however, that in lieu of correcting such defect (s) , Seller may,
w within said thirty (30) days , obtain a commitment for a title
C;) 3 insurance policy in the amount of the purchase price and the
o x Purchaser shall have the option of accepting the then existing
"}Q insured title in lieu of such merchantable title. The Seller
x• shall pay the full premium for such title insurance policy.
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U
N a 6 . Time is of the essence hereof. If any note or check
o received as earnest money hereunder or any other payment due
o n hereunder is not paid , honored , or tendered when due, or if any
a other obligation hereunder is not performed as herein provided ,
w there shall be the following remedies :
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ao
(a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to
0 2
M H treat this contract as terminated, in which case all payments
F and things of value received hereunder shall be returned to
o a Purchaser and Purchaser may recover such damage as may be
proper, or (2) Purchaser may elect to treat this contract as
1/40
being in full force and effect and Purchaser shall have the
O1w right to an action for specific performance or damages , or
o both.
( I
a (b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to
U a treat this contract as terminated , in which case all payments
a 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
H o this contract as being in full force and effect and Seller
shall have the right to an action for specific performance or
PI 44
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 expenses , including attorney' s fees .
Page 2 of 3 Pages t370317
7 . Possession of Parcel shall be delivered to Purchaser
upon closing and shall not be subject to any leases or tenancies .
Seller shall assume all costs of compensating any tenants or
leaseholders for any damages as a result of the taking of any
remainder.
M o 8 . The Seller represents and warrants as the day hereof and
o as of the date of the closing that neither the execution of this
M
0 contract nor the consummation of the transaction provided for
o herein constitutes , or will result in , any breach of any of the
o terms , conditions, or provisions, or constitute a default under,
o w any indenture , charter , bylaw, mortgage , loan agreement , lien ,
0 z lease, license, judgment, decree , order, instrument or other
o z verbal or written agreement to which Seller is a party of or is
urlal O subject to, or to which the property is subject to , except as
z provided herein .
0
0
NIX IN WITNESS HEREOF, the Parties hereto have subscribed their
o names this 27th day of April , 1987 .
no
x lJy, BOARD OF COUNTY COMMISSIONERS
a ATTEST: ry
w WELD COUNTY, COLO�BADO
m v Weld County, rte and Recorder /i
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o
z and Clerk, /�o ++f;" � •�'
rd
II ( 4 p By: L
d'w «i «. ! Chas 1 r c ser
4
ow Ieput$) 1t• + ty+ Clerk
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(The following section to be completed by Seller)
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N Ft Signed this i day of t, AUK
, 1987 .
0
x Z E. Kenneth Whitney
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el r o SUBSCRIBED AND SWORN to before me this Y day of
cur.. 1/ Li , 1987 .
WITNESS my hand and official seal .
- S. Qa'. K )/j/LL /i' 42.z•-
,`' •••• • ✓ Notary P lic
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; 9mro cmiti scion expires :
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Page 3 of 3 Pages 870317
'd at o clock M, on nook Page
AR21J97917 )n No. Recorder
Warranty (Deed,
THIS DEED is a conveyance of the real property described below, including any improvements and other
appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies)
named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to
the property, except for(1)the lien of the general property taxes for the year of this deed, which the GRANTEE
will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations
and exceptions(4)any outstanding mineral interests shown of record(5)any protective covenants and restric-
tions shown of record, and (6) any additional matters shown below under"Additional Warranty Exceptions".
The specific terms of this deed are:
GRANTOR: (Give name(s) and placels)of residence: if the spouse of the owner-grantor is joining in this Deed to ndease homestead fights.
identify grantors as husband and wile.I
E. Kenneth Whitney, Greeley National Plaza, Suite 760, Greeley, CO 80631.
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GRANTEE: (Give names) and addressfes): statement of address. including available road or street number, is required
Weld County, Colorado, a body corporate and politic of the State of Colorado.
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• FORM OF CO-OWNERSHIP: III there are two or more grantees named, they will be considered to take as tenants in common unless
0 04 the words"in joint tenancy"or words of the same meaning are added in the space below.)
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U PROPERTY DESCRIPTION: (Include county and state I •
n Lot 10, Block• 35
o ° Le Royts Addition to the Town of Keota
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rT Z CONSIDERATION: (The statement of a rlollat amount is optional, adequate consideration for this deed will he presumed unless this
a ,'Z. r onvevance is identified as a gift, in any case this conveyance is absolute. final and uncunditional )
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0 One Hundred and NO/100 Dollars.
U C4 RESERVATIONS-RESTRICTIONS: (It the GRANTOR intends to reserve any interest in the property or to convey less than he owns, or
10141
� if the GRANTOR is restricting the GRANTrt'S rights in the property, make appropriate indication I
Grantor reserves all minerals located beneath the above described property.
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P1 Gca ADDITIONAL WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not covered above.)
Signed on 19 4'3/4
Whitney
,At'1C4anr,,,, E. Kenneth Whitney Grantor
S. Jq , ' E.
%},• " l x Grantor
�• f6&COI J9ADO )
COUNTYOt C ) ss. . Grantor
� I ro rttrument was acknowledged before me this ,v day of 1,��:--< f, 19 X
et)
hand and offi) ial seal. ' c__7 A 177
evhDifort)fhission expires: ?5//° 5
Notarf Public
STATE OF • )•
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 19
by
WITNESS my hand and official seal.
My commission expires:
Notary Public
1977 UPDATE LEGAL FORMS • ,NO. 701
P.O. BOX 1815, GREELEY, COLORADO 80632
2ai317
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