HomeMy WebLinkAbout890485.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE W ".Ii
MARTIN PRODUCE COMPANY AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS , the Board of County Commissioners of Weld Count_,
Colorado, pursuant to Colorado statute and the Wel5 County Home
Rule Charter , is vested with the authority of administering ;.he
affairs of Weld County, Colorado, and
WHEREAS , Weld County desires to build a grader shed in '=_'ie
Peckham area , and Martin Produce Company has agrees to sell the
County a parcel which is located in the NWI of Section '. 3 ,
Township 4 North , Range 66 West of the 6th P.M. , Weld County ,
Colorado, being more particularly described as follows -
Lot A on the Recorded Exemption plat mar which
is attached to said Agreement as Exhibit 'A" ,
including any and all improvements located
thereon.
WHEREAS , an Agreement for the purchase of the above-descri 'hod
rea' estate has been presented to the Board , a copy of which is
attached hereto and incorporated herein, and
WHEREAS , after study and review, the Board deem it advisable
to approve the Agreement for the purchase of sail parcel from
Martin Produce Company, with the terms and conditions being as
stated in said Agreement.
NOW, THEREFORE , BF TT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement For the
Sale and Purchase of Peal Estate with Martin Produce Company
concerning the hereinabove described parcel be , and hereby is ,
approved .
BE IT FURTHER RESOLVED by the Board that the Chairman he , and
hereby is , authorized to sign said. Agreement and other nece ;: ary
documents .
�' P9r4P5
Page 2
RE : PURCHASE OF REAL ESTATE - MARTIN PRODUCE COMPANY
The above and foregoing Resolution was , on mot:'_on duly made
and seconded, adopted by the following vote on thi=_ 7th day of
June , A.D. , 1989 .
7P lr� ( +t� BOARD OF COUNTY COMMISSIONF7�S
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder K X C-C
and Clerk to the Board C .W. Irby, irman
AY :-_- eiLic-TA. cam-' -Lc et, a que e c n on , Pro Tem
\Deputy County Jerk ——
) EXCUSED
APPROVED AS . O FORM: Gene R. Brantner
C __`/7L%- ) George K e ,
C7 f_xCounty Attorney
Gor . 74 c
P90.485
AR2187624
AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
INCLUDING LAND AND ANY AND ALL IMPROVEMENTS
THIS AGREEMENT, made at Greeley, Colorado, this 7th day of
June , 19 89 , between WELD COUNTY, COLORADO , a
Body Corporate and Politic of the State of Colorado, by and
through the Board of County Commissioners of Weld County,
hereinafter "Purchaser, " and MARTIN PRODUCE COMPANY, 617 Six+.h
(no Street , Greeley, Colorado 80631 , hereinafter "Seller. "
o U- WITNESSETH•
.-i O
J
That in consideration of the payment by the Purchaser to
a Seller of the sum of SIX THOUSAND AND NO HUNDREDTHS DOLLARS
($6 , 000 . 00) and other good and valuable consideration, SelH r
agrees to sell to the Purchaser and Purchaser agrees to purchase
o
4 from Seller the following described real property: Lot "A" or, the
Pecorded Exemption plat map which is attached hereto as Exhih '
o "A" and which is hereinafter referred to as "Parcel , " includ '.ng
any and all improvements located thereon.
•• � The agreement of sale and purchase of said Parcel (s) is
o x, subject to the following conditions :
a;
(-( 1 . Seller shall furnish to Purchaser a Warranty Deed "or.
co ` said Parcells) . Title insurance will be provided by Purchaser .
a H
2 . Title for said Parcel (s) shall be merchantable. in
cc. Ei
c) Seller, except as stated in this paragraph and in paragraph `. .
Subject to payment or tender as above provided and compliance by
-CD Purchaser with the other terms and provisions hereof . Seller shall
Lc, w
Lc, ;,, execute and deliver a good and sufficient special warranty deed
for said Parcel (s) to Purchaser on a date certain set by
• :a Purchaser, conveying said property free and clear Df all taxes ,
N r�
except general taxes for 1989 , payable January 1 , 1990 , and free
lx a.nd clear of all liens for special improvements installed as of
q• l the date of Purchaser ' s signature hereon, whether assessed or no ;
free and clear of all liens and encumbrances , and except the
recorded and/or apparent easements ; subject to all applirsh ' e
cvfn building and zoning regulations7 but reserving to the Sel' er al
0
minerals thereunder.
3 . General taxes for the year 1989 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
Page 1 of 4 Pages
d9f)485
shall be designated. by Purchaser. Purchaser shall pay the sum cf
SIX THOUSAND AND NO HUNDREDTHS DOLLARS ($6 , 000 . 00) to Seller at
the time of the delivery of the warranty deed.
5 . Except as stated in paragraphs 2 and 6 and this
cn o paragraph, if title for said Parcel (s) is not merchantable and
Oo J 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
cv o
j closing, Seller shall use reasonable efforts to correct said
O 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
0 3 Seller ' s option and upon written notice to -?urchaser or
o x Purchaser ' s agent on or before the date of closing , the date of
il closing shall be extended thirty (30) days for the purpose of
z correcting said defect (s) . Except as stated in paragraph 6 , if
3 title for said Parcells) is not rendered merchantabl=_ as provided
LLI in this paragraph 5 , at Purchaser ' s option , this contract shall he
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•r void and of no effect and each party hereto shall he released from
"• '4 all obligations hereunder and all payments and things of value
0 [4 received hereunder shall be returned to Purchaser provider ,
:� however, that in lieu of correcting such defect (s) , Seller Tri
rn ,.a within said thirty (30) days , obtain a commitment for a title
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� insurance policy in the amount of the purchase price and ' he
coz
0Fl Purchaser shall have the option of accepting the ._hen existing
aEi insured title in lieu of such merchantable title . The Seller
oc) shall pay the full premium for such title insurance lolicy.
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"' 6 . Any encumbrance required to be paid may be paid at the
ry ri]
,O '=a time of settlement from the proceeds of this transa:tion or. from
00 ;x: any other source; provided , however, at the option of either
r" : party, if the total indebtedness secured by the liens on Ike
N ,v;
O property exceeds the purchase price, this contract shall be vc:;.d
ci a; and of no effect, and each party hereto shall he released from el_ 1
x r obligations hereunder and all payments and thirgs of value
received hereunder shall be returned to Purchaser.
O N
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`„ 7 . Time is of the essence hereof. If any note or chock
received as earnest money hereunder or any other payment due
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hereunder is not paid , honored , or tendered when due , or if any
other obligation hereunder is not performed as herein provided ,
there shall he the following remedies :
(a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to
treat this contract as terminated, in which case a] 1 payments
and things of value received hereunder shall he returned to
Purchaser and Purchaser may recover such damfge as ma°' be
proper, or (2) Purchaser may elect to treat this contract as
being in full force and effect and Purchaser shall have the
Page 2 of 4 Pages 890485
right to an action for 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 payment :
and things of value received hereunder shall be forfeited and
retained on behalf of Seller and Seller may recover such
Ln o
o u damages as may be proper, or (2) Seller may elect to treat
this contract as being in full force and effect and Seller
en shall have the right to an action for specific performanc:≥ or
damages , or both.
a
00 r4 (O) Anything to the contrary herein notwithstanding, in the
• event of any litigation arising out of this :ontract, the
court may award to the prevailing party all reasonable cots
a and expenses , including attorney ' s fees .
a
O
8 . Possession of said Parcel (s) shall be delivered to
co x Purchaser upon closing and shall not be subject to any leases or
tenancies .
rn
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9 . Seller represents and warrants as of the day hereof and
a as of the date of the closing that neither the execution of this
C° contract nor the consummation of the transaction provided for
o z, herein constitutes , or will result in , any breach of any of the
terms, conditions , or provisions , or constitute a default under
o any indenture , charter, bylaw, mortgage , loan agreement, lien ,
lease, license, judgment, decree, order, instrument or other
verbal or written agreement to which Seller is a party of or is
N 4A N w subject to, or to which the property is subject to , except as
wz
provided herein.
z
10 . In the event the property is substantially damaged by
fire , flood , or other casualty between the date of this contract
CJ
w �y and the date of delivery of the Deed , Purchaser may elect to
a ` terminate this contract; in which case , all payments and things of
0 ^ value received hereunder shall be returned to Purchaser .
:V S
11 . All of the conditions stated herein shall be in full
r>a force and effect , not withstanding the conveyance of said
Parcel (s) by warranty deed as outlined in paragraph 2 above , and
shall not merge with said special warranty deed .
12 . Purchaser agrees to pay for any necessary :survey.
13 . Seller agrees to apply to the Weld County Department of
Planning Services for a Recorded Exemption for Parce-. prior to the
date of closing. Purchaser shall pay for all fees and prepare any
necessary application for said Recorded Exemption.
Page 3 of 4 Pages 890485
IN WITNESS HEREOF, the parties hereto have subscribed their
names this 7th day of June 19 89/ATTEST: ' /7 )F � n� WELD COUNTY, COLORADO, by and
through the BOARD OF COUNTY
Weld Ciount*" erk :and Recorder COMMISSIONERS OF WELD COUNTY ,
and bier ''to the li ''rd COLORADO, Purchaser
} T
o O By. i--.7 _ _,, ferLc k lr ru' By! /ij "e-c-e
, epu y( Ck4int ( Chairman for ?Crchaser
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U
(The following section to be completed by Seller)
ca
a
c4 Signed this _ day of 19
O a
V} W
O Seller:
O
w MARTIN PRODUCE CONPANY
co a
'Ii
Cn By: �A' La st-C j) - cdi
Lc Duane D. Zabksa'7
a
cna
co j Title : President
co z
O H
CO A
CD SCRIBED AND SWOR to before me this e? — day of
CD A l
, 19
— _I 7
NI al
WITDIMSS my hand and official seal .
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L) 'U i". 1..‘c.rb : otary Pub c 9 '5 /ocA gt ,
-M*��a�limission expires : 8ab4d
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Page 4 of 4 Pages 89@0485
-EXHIBIT "A" :
Lot "A" of Recorded Exemption No. 1057-23-2-RE 1177 recorded July
18 , 1989 , in Book 1238 as Reception No. 2185517 , being a part of
the following described property:
Lot "A" of Recorded Exemption No. 1057-23-2-RE 600 recorded June
9 , 1983 , in Book 999 as Reception No. 1929764 , being more
LnO particularly described as follows:
o
A parcel of land located in the Northwest Quarter of Section 23 ,
;; c; Township 4 North, Range 66 West of the 6th P .M. , Weld County,
Colorado, being more particularly described as follow :
a BEGINNING at the Northeast Corner of said Northwest Quarter and
ow considering the North Line as bearing South 90°00 ' 0J" West with
o all other bearings contained herein relative thereto;
e4 thence South 90°00 ' 00" West, along said North line 20 feet to the
o TRUE POINT OF BEGINNING;
G� thence South 00°00 ' 21" East, 149 .53 feet;
thence South 80°52 ' 45" West, 487 .29 feet;
c4 thence South 84°17 ' 47" West, 284 .34 feet;
?. L° thence South 87°15 ' 49" West, 288 . 51 feet;
° >a thence South 70°45 ' 51" West, 492 . 34 feet to a point on the East
right-of-way line of the Union Pacific Railroad;
c thence North 41°08 ' 20" West, along said right-of-way, 572 . 30 feet
`c ,) to a point on the said North line;
mFs thence North 90°00 ' 00" East, 1140 .59 feet, along said North line
w to the TRUE POINT OF BEGINNING.
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890485
AR2186795
. I
RECORDER'S STA 11
THIS DEED,Made this 24TH day of JULY
No '19 89 , between Martin Produce Company, a Colorado
0o J I corporation
J
of the County of Weld and State of Colo-
eado, of the first part, and the County of Weld, a body
a politic and corporate of the State of Colorado,
0,3 L whoselegaladdressis 915 Tenth Street, Greeley,
o
in-al of the
County of Weld and State of Colorado,of the second
J part;
WITNESSETH, That the said party of the first part,for and in con sideration of lb-- •nein
r of Six Thousand and no/hundredths
••Leh D; ilxrs,
rel k '',al the said part y of the first part,in hand paid by the said party o rthe second pa; ;, the
receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold an, •on-
cr;-7 veyed, and by these presents do es grant, bargain, sell, convey and confirm unto t iaid
part y of the second part, its heirs and assigns forever, all the following dkst r Led
rrnnz of or parcel of land, situate, lying and being in the County of Weld
and State of Colorado,to wit: See the attached Exhibit "A."
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NN adsaimowxB stxee:bcarutxtawxlbiex
x Together with all and singular the hereditaments and appurtenances there unto 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 said part y of the first part, 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 said party of the second part, its
heirs and assigns forever.
And the said
party of the first part,for it sel f , its heirs,executors and
administrators,do es covenant,grant, bargain and agree to and with the said party of the
second part, its heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said party of the second part, its heirs and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said party of the first part to WARRANT AND FOREVEF. DEFEND.
IN WITNESS WHEREOF,The said part y of the first part has hereunto set i ts
hanfll, and seal the day and year first above written.
Si ned, S led and Deli eyed i the presence of MARTIN PRODUCE COMPANY [SEAL]
j I 4e By: D. •�It .'-c 7 - _ ' - [SEAL]
H _ ✓, Duane D. ZabkaS President
_ _[SEAL]
1 IStATE OF COLORADO,
County of
the foregoing instrument was acknowledged before me this :24 day of ()La-('
1114,i •,thr cDuane D. Zabka, President, Martin Produce Company.
n
•• My commission expires �(,(6:Ltd.L 7 ,19 L1t� .Witness my hand and o:'ficial seal.
r, Notary Public.
A (215 Ickk,
No.16 SPECIAL WARRANTY DEED.—Bradford Publishing Co.,1824-46 Stout Street,Denver,Colorado(573-5011)1277 890485
EXHIBIT "A"
No o Lot "A" of Recorded Exemption No. 1057-23-2-RE 1177 recorded July
18 , 1989, in Book 1238 as Reception No. 2185517, be: ng a part of
N o the following described property:
• Lot "A" of Recorded Exemption No. 1057-23-2-RE 600 recorded June
9 , 1983 , in Book 999 as Reception No. 1929764 , being more
w o particularly described as follows:
0 3 A parcel of land located in the Northwest Quarter of Section 23 ,
o x Township 4 North, Range 66 West of the 6th P.M. , Weld County,
r
o Colorado, being more particularly described as follows :
a• BEGINNING at the Northeast Corner of said Northwest Quarter and
ii considering the North Line as bearing South 90°00 ' 00" West with
a; all other bearings contained herein relative thereto;
o o thence South 90°00 ' 00" West, along said North line 204 feet to the
N TRUE POINT OF BEGINNING;
a: thence South 00"00 ' 21" East, 149 . 53 feet;
m a thence South 80°52 '45" West, 487 .29 feet;
3 ;U thence South 84°17 ' 47" West, 284 .34 feet;
z thence South 87°15 ' 49" West, 288 . 51 feet;
;a thence South 70°45 ' 51" West, 492 . 34 feet to a point on the East
E' right-of-way line of the Union Pacific Railroad;
0ca
r4 thence North 41°08 ' 20" West, along said right-of-way, 572 . 30 feet
L, ; to a point on the said North line;
Q, c4 thence North 90°00 ' 00" East, 1140 . 59 feet, along said North line
to the TRITE POINT OF BEGINNING.
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890485
lft printed portion n( lhia form eppro.rd by thr
(:.'oracle Real 'slate Commissioe 'NS-60-7-711
STATEMENT OF SETTLEMENT
SELLER'S Gil PURCHASER'S O
PROPERTY ADDRESS N/A - --
SELLER Martin Produce Company PURCHASER Weld County, Colorado _
SETTLEMENT DATE
7/24/89 DATE OF PRORATION_ f —
LEGAL DESCRIPTION:
Debit Credit
1. Selling Price 6000100
2. Deposit,paid to None - ---I -----
3. Trust Deed,payable to ss �- —4. Trust Deed,payable to " 11----.
5. Trust Deed,payoff to " --If ---
6. Interest on Loan Assumed None
7. Title Ins.Premium Paid by Purchaser ' -- I
8. Abstracting: Before Sale None _ _ I! •
-
9. Alter Sale —
10. Title Exam. by Trans America Title Insurance Co. _ II
____
11, Recording: Warranty Deed Purchaser Exempt §39-13-102 , C. R. S. ,_ '
12. Trust Deed None
13. Release is l'
14. Other — -
15. Documentary Fee Purchaser Exempt §39-13-102, C. R. S. E' —
16. Certificate of Taxes Due None - 1 -- I
17. Taxes for Preceding Year(s) 11 --
18. Taxes for Current Year 29 00 'i l
19. Tax Reserve None --,
20. Special Taxes " 1
—
„ � I
21. Personal Property Taxes —
22. Hazard Ins.Prem.Assumed—Policy No. Co. _—(
$ Yr.Term Expires —. ----;—_
Premium$ Days Unused at 0 per day — - i
23. Premium for New Insurance None - —
24. Hazard Ins. Reserve si - —
25. FHA_Mortgage Ins.Assumed — -- =
26. FHA Mortgage Ins.Reserve --- --
27. tan Service Fee (Buyer) ss
28. Loan Discount Fee (Seller) Is - 1
29. Interest on New Loan " •
•--• ---
30. Survey and/or Credit Report si, --__]
31. Appraisal Fee --j --
32. Water and/or Sewer It
33. Rents— ss — —
34. Security Deposits " -- — 1 —
35. Loan Transfer Fee _ ----• ! —
36. Loan Payment Due " . -----
37. Broker's Fee 1, I ,
—
Sub-Totals 2 9 0 0
kalxixectiMiltanceeXerr
Balance due>3fatfrom Buyer _ 5 9 71,0 0 — j____
TOTALS
600000 I 600 00
The above figures do not include sales or use taxes on personal property
i APPROVED and ACCEPTED
griif.glyagrgSeller Martin Produce Company Broker — -- —
1XXXD�IKaScller Ry: l _ „- ", ' I ! AC, By __ -- — -- —
Fmni No.C•SS'
890 485
lb printed portion of this form approved ha the
Co orado Real Faule Commission iSS-60A-r It
STATEMENT OF' SETTLEMENT
SELLER'S ❑ PUItCliASER'S MI
PROPERTY ADDRESS N/A
p
SELLER
Martin Produce Company PURCHASER Weld Cot.nty, Colorado
i
SE'I"I'LE1 ENT DATE 7/24/89 DATE OF PRORATION_ / --
LEGAL DESCRIPTION:
Debit Credit
1. Selling Price
2. Deposit, paid to None
3. Trust Deed,payable to II H ---- -�
4. Trust Deed, payable to ----
5. Trust Deed, payoff to It ---
6. Interest on Loan Assumed None —-- -- --
7. Title Ins.Premium Paid by Purchas JC-
8. Abstracting: Before Sale None
9. After Sale
10. Title Exam. by Trans America Title Insurance Co il -- —
11. Recording: Warranty Deed Purchaser Exempt S30-1-103, C .R.S. I
12. Trust Deed None —
13. Release _ a -_I
14. Other
15. Documentary Fee Purchaser Exempt §39-13-102 , r u S --]'
16. Certificate of Taxes Due None
—
17. Taxes for Preceding Year(s) 11
-
18. Taxes for Current Year -2
19. Tax Reserve None --
20. Special Taxes " —.
21. Personal Property Taxes is `
22. Hazard Ins.Prem. Assumed—Policy No. Co.
Yr.Term Expires
Premium $ Days Unused at 0 per day
23. Premium for New Insurance None ——
24. Hazard Ins. Reserve "
25. FHA Mortgage Ins.Assumed n — --- - - -_--
26. FHA Mortgage Ins.Reserve "
27. Loan Service Fee (Buyer) 1
28 Loan Discount Fee (Seller) " -
29. Interest on New Loan " -- — —
30. Survey and/or Credit Report "
—
3L Appraisal Fee " —11
32. Water and/or Sewer a
$3. Rents _" !-
34. Security Deposits " r-
35. Loan Transfer Fee " —
36. Loan Payment Due " -_ -_
37 Broker's Fee "
---- -
9100
ub-Totals 6 —I. 7 11.. 00
Balance due to47pi Seller —
5979
-
TOTALS 6000maxxotattmicolicomottowex100 6000.00
The above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
ATTTEST:
Weld County, enl nrarla Y / ' — --
Purchaseri . '
PurchaserMitor Ry' /` "c--[.- `By_ s r C,,,,,_,, ( ,', ,
C. W. Kirby, Cirman
Focrn No.C835 Board of County Commissioners of We d Count'', Colorado -
890485
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