HomeMy WebLinkAbout850320.tiff AR2026043
B 1085 REC 02026043 09/25/85 12: 05 $0. 00 1/002
F 1244 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RESOLUTION
RE: APPROVE AGREEMENT AND ADDENDUM FOR SALE AND PURCHASE OF
VACANT LAND FROM BENJAMIN AND JOANNE KNAUB AND AUTHORIZE
CHAIRMAN TO SIGN
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, Weld County desires to purchase land on which to
place a communications tower, and
WHEREAS, Benjamin and Joanne Knaub, have agreed to sell to
Weld County a parcel, containing approximately seven acres within
the following tract: NON' of Section 6 , Township 3 North, Range 65
West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, an Agreement and Addendum, for the purchase of the
above described parcel has been presented to the Board, a copy of
which is attached hereto and incorporated herein, and
WHEREAS , after study and review, the Board deems it advisable
to approve said Agreement and Addendum for the purchase of vacant
land from Benjamin and Joanne Knaub.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement and
Addendum concerning the sale and purchase of the hereinabove
described parcel of land from Benjamin and Joanne Knaub be, and
hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement and Addendum.
850320
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F 1245 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 2
RE: PURCHASE OF LAND AGREEMENT - KNAUB
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 16th day of
September, A.D. , 1985 .
4/ �� BOARD OF COUNTY COMMISSIONERS
ATTEST W "' � WELD COUNTY, COLORADO
Wel If and Recorder EXCUSED
an ytiliel Board Ja eline Johnson, Chairman
BY: f � ene R. Brantner, Tem
county Cl k cA.�L
APPROVED AS TO FORM: C. . K
ce,`'
County Att rney f
Fr k a chi
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F 1246 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND
It 151(
T IS GREEMENT, made at Greeley, Colorado, this 'd day of
, 1985 , between WELD COUNTY, COLORADO, by and
th ugh the Board of County Commissioners of the county of Weld ,
he einafter "Purchaser, " and BENJAMIN KNAUB AND JOANNE KNAUB, 3080
South Jay Street, Denver, Colorado 80227 , hereinafter "Sellers. "
WITNESSETH:
That in consideration of the payment by the Purchaser to
Sellers of the sum of FIFTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS
($15 ,750 .00) in cash, and other good and valuable consideration,
Sellers agree to sell to the Purchaser and the Purchaser agrees to
purchase from Sellers the below-described property: The parcel of
land including seven (7) acres, more or less, within the following
tract: The North Half of the North Half (N'N') of Section 6 ,
Township 3 North, Range 65 West of the 6th P.M. , Weld County,
Colorado. Said parcel of land is triangular in shape and is
located approximately 3.5 tenths cf one mile west of the Northeast
Corner (NE Car) of the Northeast Quarter (NEA1 of said Section 6 ,
Township 3 North, Range 65 West of the 6th P.M. , Weld County,
Colorado. Said parcel of land is hereinafter referred to as the
"Parcel" according to the terms and conditions set forth hereih.
The agreement of sale and purchase of Parcel is subject to
the following conditions:
1 . Sellers shall furnish to Purchaser a warranty deed
conveying only the surface rights of the Parcel. Title insurance
to be provided by Sellers.
2 . Title shall be merchantable in Sellers, except as stated
in this paragraph and in paragraph 5 . Subject to payment or
tender as above provided and compliance by Purchaser with the
other terms and provisions hereof, Sellers shall execute and
delive �- ood, and sufficient special warranty deed to Purchaser
on &Clu $'/I6s or, by mutual agreement, at an earlier date,
conveying the p operty free and clear of all taxes , except general
taxes for 1985 , payable January 1 , 1986 , and free and clear of all
liens for special improvements installed as of the date of
Purchaser' s signature hereon, whether assessed or not; free and
clear of all liens and encumbrances, and except the recorded
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F 1247 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
and/or apparent easements , and subject to building and zoning
regulations and reserving all mineral rights to the Sellers.
3 . General taxes for the year 1985 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 Sellers.
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 Sellers or Sellers' agent on
or before date of closing, Sellers shall use reasonable effort to
correct said defect (s) prior to date of closing. If Sellers are
unable to correct said defect (s) on or before date of closing, at
Sellers ' 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 (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
5 , 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 provided,
however, that in lieu of correcting such defect (s) , Sellers may,
within said thirty (30) days, obtain a commitment for owner' s
title insurance policy in the amount of the purchase price
reflecting title insurance protection in regard to such defect (s) ,
and the Purchaser shall have the option of accepting the then
existing insured title in lieu of such merchantable title. The
Sellers shall pay the full premium for such owner' s title
insurance policy.
6 . The Sellers agree to release the Purchaser from all
consequential damages, except as otherwise set forth herein in
paragraph 8 and except damages caused by the negligent or wi]l±ul
misconduct of the Purchaser or its employees, present or
prospective, to the remainder of Sellers' property arising out of
the operation and maintenance, or repair of the tower located on
the Parcel.
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F 1248 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
7 . 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 SELLERS ARE 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 damager as may be
proper, or (2) Purchaser may elect to treat this contract as
being in full force and effect and Purchaser shall have the
right to an action for specific performance or damages, or
both.
(b) IF PURCHASER IS IN DEFAULT, (1) Sellers 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 Sellers and Sellers may recover such
damages as may be proper, or (2) Sellers may elect to treat
this contract as being in full force and effect and Sellers
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 expenses, including attorneys ' fees.
8. Sellers shall apply to Weld County, at Purchaser ' s
expense, for authorization pursuant to Weld County Subdivision
Regulations, to create the two lots as shown on Exhibit "A. "
Expenses shall include costs of application fees, survey and
recording costs. This contract shall be contingent on final
approval and recordations of appropriate plats by Weld County.
9 . Possession of the property shall be delivered.- - to
Purchaser upon closing and shall not be subject to any leases or
tenancies. Sellers shall assume all costs of compensating any
tenants or leaseholders for any damages as a result of the taking
of any remainder.
10. The Sellers represent and warrant as the day hereof and
as of the date of the closing that neither the execution of this
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F 1249 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
contract nor the consummation of the transaction provided for
herein constitutes, or will result in, any breach of any of the
terms, conditions, or provisions, or constitute a default under,
any indenture, charter, bylaw, mortgage, loan agreement, lien,
lease, license, judgment, decree, order, instrument or other
verbal or written agreement to which Sellers are parties of is
subject or to which the property is subject, except as provided
herein.
11 . The sale and purchase of Parcel according to the terms
stated herein shall be contingent upon the results of radio
propagation testing of Parcel by Purchaser. Sellers agree to
allow Purchaser or its agents entry upon Parcel for the purpose of
conducting said radio propagation testing after the date of
signing of this Agreement and before the scheduled date of
closing. If the results of said propagation testing are not
satisfactory to the Purchaser, this Agreement shall be null and
void and Purchaser shall not be obligated to purchase Parcel.
Purchaser agrees to inform Sellers of the results of said
propagation testing at least ten (10) days before the scheduled
date of closing.
12 . The sale and purchase of Parcel according to the terms
stated herein is contingent upon Purchaser' s receiving approval
and obtaining any necessary permits from Federal, State, and local
governments for the placement and operation of a radio tower upon
Parcel.
13. The purchase and sale of Parcel according to the terms
contained herein is contingent upon Purchaser' s obtaining electric
power from Home Light and Power Company, Sellers may, at any time,
tap into any electric lines running from Home Light and Power
Company' s main lines to any facility maintained upon parcel by
Purchaser. Sellers may tap into said lines only in accordance
with Home Light and Power Company' s rules and regulations and must
be in compliance with any and all local, state, and . federal
government regulations concerning said tap on electric lines.
14 . Sellers agree to allow Purchaser access to Parcel for
the purpose of wiring Parcel for the necessary electricity to
operate the radio antenna proposed for the site after the date of
signing of this Agreement and before the scheduled date of
closing.
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F 1250 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
If this proposal is accepted by Sellers in writing and
Purchaser receives notice of such acceptance on or before
, 1985 , this instrument shall become a
contract between Sellers and Purchaser and shall inure to the
benefit of the successors and assigns of such parties.
IN WITNESS HEREOF, the parties hereto have subscribed their
names this 16th day of September 1985 .
ATTEST: < F1' $ 24. BOARD OF COUNTY COMMISSIONERS
` WELD NTY,rCOLORADO ,¢--
Weld County he & gcorder C� /CJ
and Clerk td;�he B By;
set
CY ,' Profem airman for aser
eput pun rk
(The f' ing section to be completed by Sellers. )
Sellers accept the above proposal this ' / day of O 41)// cfr
1985 . /
fal
„ , iyes J FLU"j' � ,r 'ia�-�- Nit
Ti—
z.? , TAB BED AND SWORN to before fine this f day tf
\�l =s c , 1985 .
'';:., 0*-.. U awn,* my hand and official seal.
t:t.74-441
Notary Publd�'
My Commission expires
My commission expires:
5353 West Dartmouth Ave4
Denny, Colorado 80227
SUBSCRIBED AND SWORN to before me this day of
, 1985 . .._ .._ .. ...
WITNESS my hand and official seal.
Notary Public
My commission expires:
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F 1251 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
ADDENDUM TO
AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND
THIS ADDENDUM to Agreement for Sale and Purchase of Vacant
Land, made at Greeley, Colorado, this 4th day of September, 1985 ,
between WELD COUNTY, COLORADO, by and through the Board of County
Commissioners of the County of Weld, hereinafter "Purchaser, " and
BENJAMIN KNAUB AND JOANNE KNAUB, 3080 South Jay Street, Denver,
Colorado 80227 , hereinafter "Sellers. "
WITNESSETH:
That in further consideration of the payment by the Purchaser
to the Sellers of the sum of FIFTEEN THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($15 ,750 . 00) in cash, and other good and valuable
consideration, Sellers and Purchaser agree to the following
Addendum to the conditions which are part of the Agreement for
Sale and Purchase of Vacant Land between the parties and dated
September 4 , 1985 :
15 . Seller shall have first right of refusal to repurchase
the Parcel when if Purchaser decides to sell Parcel. Purchaser
shall notify Seller of Purchaser' s decision to sell Parcel
immediately after such decision is made. Purchaser will then take
bids on said Parcel. Once the bidding is complete, Seller shall
then have the right to repurchase Parcel by matching the highest
bid received by Purchaser.
IN WITNESS HEREOF, the parties hereto have subscribed their
names this 16th day of September , 1985 , nunc pro tunc
September 4 , 1985.
ATTEST: `` BOARD OF COUNTY COMMISSIONERS
WELD NTY, COLORADO
Weld C and Cle $r* *ecOer "'totem airman f r Purchaser
eputy ounty erk
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F 1252 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
44_0(A.±
Benja n Knaub
SUBSCRIBED AND SWORN, to before me thisL}a day of
• , 195 , by Benjamin Knaub.
WITNESS my hand and official seal.
. Afi yep
art:OARP rZ Notary Public
-O-O-O-
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`q6mm4ssion expire:
7• R`Y cow EXPIRES '7- 1S -FS
F itr• t,044aUTH AVENUE
DENVEEf.00L ADO 60227 _ Q
anise Knaub L,!/
SUASCRIBED AND SWOR to before me this Auk-/ day of
, 19 , by Joanne Knaub.
WITNESS my hand and official seal.
YNMv� 6o�aission expires:
r2• . �?'a -2J _&
. Or1J Yrflry 141 i,:�.
AEEdtt,.se. I'p C pi2A}
kpF ....•O.�``.
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