HomeMy WebLinkAbout850637.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND
BETWEEN WELD COUNTY, COLORADO, AND MRS. LEO WARDMAN 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 property for a
grader shed site, and
WHEREAS, the Board has been presented with an Agreement for
the sale and purchase of land between Weld County, Colorado, and
Mrs. Leo Wardman, and
WHEREAS, said parcel contains two acres in the Northeast
corner of the Northeast quarter of Section 29 , Township 11 North,
Range 66 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, the Board deems it in the best interests of Weld
County to purchase said parcel of land for a grader shed site, and
WHEREAS, the terms are as stated in the 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 vacant land between Weld County, Colorado,
and Mrs. Leo Wardman be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
,C/gin,-'s
650637
C/ /Y-/'7
Page 2
RE: AGREEMENT - MRS. LEO WARDMAN
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 29th day of
July, A.D. , 1985 .
BOARD OF ATTEST: (�rvvk4-4 WELD COUNTY,iN TY COMMISSIONERS
COLORADO
' " �
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board Ja q eline Johnson, Chairman
ene R. 'Brfrpro-Tern
puty County C r
APPROVED TO FORM: C.W. K ' r] Y5;9-e‘1:2 1
G . Lacy
County Attorney
Fran Yamagu 1
AR2019273 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND
THIS AGREEMENT, made at Greeley, Colorado, this day of
June, 1985 , between WELD COUNTY, COLORADO, by and through the
Board of County Commissioners of the County of Weld, hereinafter
"Purchaser, " and MRS. LEO WARDMAN, 62001 Highway 85-CR 126,
Rockport, Colorado, hereinafter "Seller. "
0 o WITNESSETH:
o �
`J 1O That in consideration of the payment by the Purchaser to
Seller of the sum of $2 ,400 .00 (Two Thousand Four Hundred
n Dollars) , in cash, and other good and valuable consideration,
▪ o Seller agrees to sell to the Purchaser and the Purchaser agrees to
0" purchase from Seller the Parcel shown in Exhibit "A," and
2I-1 described as: two acres in the Northeast corner of that portion
mt.) of the Northeast quarter of Section 29 , Township 11 North, Range
a w 66 west of the 6th Principle Meridian, Weld County, Colorado,
t+J being more particularly described as follows: beginning at a
rn• o point on the West R.O.W. line of U.S. Highway 85 , where said line
'AZ intersects the North line of the East half of Section 29 , said
H• ° point being the TRUE POINT OF BEGINNING; thence West along said
North line of the East half of Section 29 to the Northwest corner
r coof the Northeast quarter of said Section; thence South 330 feet;
• thence East to the West R.O.W. line of U.S. Highway 85; thence
7�C r Northwesterly along said West R.O.W. line of U.S. Highway 85 to
a, t the TRUE POINT OF BEGINNING, hereinafter referred to as the
a "Parcel" according to the terms and conditions set forth herein.
w
t=1
n The agreement of sale and purchase of Parcel is subject to
o the following conditions:
4.11
• 0 1 . Seller shall furnish to Purchaser a warranty deed
• o conveying only the surface rights of the Parcel. Title insurance
t, 0 need not be provided by Seller.
n 2 . Title shall be merchantable in Seller, except as stated
• in this paragraph and in paragraph 5 . Subject to payment or
n o tender as above provided and compliance by Purchaser with the
O a other terms and provisions hereof, Seller shall execute and
deliver a good and sufficient special warranty deed to Purchaser
on , or, by mutual agreement, at an earlier date,
conveying the property 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
and/or apparent easements, and subject to building and zoning
regulations and reserving all mineral rights to the Seller.
Page 1 of 4 Pages
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 Seller.
5 . Except as stated in paragraph 2 and this paragraph, if
"3 title is not merchantable and written notice of defect (s) is given
0 o by Purchaser or Purchaser' s agent to Seller or Seller' s agent on
c3 -.4 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
To• n Seller' s option and upon written notice to Purchaser or
• o Purchaser' s agent on or before date of closing, the date of
Vo 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
C▪ -3 5 , at Purchaser' s option, this contract shall be void and of no
c� effect and each party hereto shall be released from all
Ct)• o obligations hereunder and all payments and things of value
y W received hereunder shall be returned to Purchaser provided,
Ho however, that in lieu of correcting such defect (s) , Seller may,
z ''' within said thirty (30) days, obtain a commitment for owner' s
n• co 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
• a existing insured title in lieu of such merchantable title. The
� .a Seller shall pay the full premium for such owner' s title insurance
a policy.
n
6 . The Seller agrees to release the Purchaser from all
{„ consequential damages , except as otherwise set forth herein in
70o paragraph 8 and except damages caused by the negligent or willful
xo misconduct of the Purchaser or its employees, present or
o prospective, to the remainder of Seller' s property arising out of
d the operation and maintenance, ore repair of the grader shed
o located on the Parcel.
O N
7. Time is of the essence hereof. If any note or check
o a 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 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
Page 2 of 4 Pages
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 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
▪ m this contract as being in full force and effect and Seller
o shall have the right to an action for specific performance or
• o damages, or both.
O J
La 1/40
(c) Anything to the contrary herein notwithstanding, in the
n event of any litigation arising out of this contract, the
FC court may award to the prevailing party all reasonable costs
y N and expenses, including attorneys ' fees.
8 . Seller shall apply to Weld County, at Purchaser' s
▪ NJ
expense, for authorization pursuant to Weld County Subdivion
ate Regulations, to create the three lots as shown on Exhibit A.
• Expenses shall include costs of application fees, survey and
y W recording costs. This contract shall be contingent on final
H o approval and recordations of appropriate plats by Weld County.
z �
• CO 9 . Possession of the property shall be delivered to
r U1 Purchaser upon closing and shall not be subject to any leases or
tenancies. Seller shall assume all costs of compensating any
a tenants or leaseholders for any damages as a result of the taking
of any remainder.
10. The Seller represents and warrants as the day hereof and
0 as of the date of the closing that neither the execution of this
• contract nor the consummation of the transaction provided for
7y o herein constitutes, or will result in, any breach of any of the
terms, conditions, or provisions, or constitute a default under,
Ho any indenture, charter, bylaw, mortgage, loan agreement, lien,
• lease, license, judgment, decree, order, instrument or other
n verbal or written agreement to which Seller is a party of is
o w subject or to which the property is subject, except as provided
o herein.
A o
o 11 . Seller shall have first right of refusal to repurchase
Parcel when and 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.
12. Purchaser shall consult with Seller as to the placement
of the grader shed upon parcel at the engineering stage of its
development. Seller shall have the right to state where she
Page 3 of 4 Pages
.
desires the grader shed to be located on Parcel and Purchaser will
comply with said desire, insofar as Seller' s desire meets the
following conditions:
(a) Seller' s desired placement must be in compliance with
all setback and other requirements concerning placement of
structures on lots contained in the Weld County Zoning
Ordinance.
(b) Seller' s desired placement must not be such as would
'ooy unduly restrict access to said grader shed.
or
o (c) Seller' s desired placement must be practical for
'p `° Purchaser' s intended use of said parcel.
P4
z n If this proposal is accepted by Seller in writing and
'e Purchaser receives notice of such acceptance on or before July 31 ,
0
rroo 1985 , this instrument shall become a contract between Seller and
z ' Purchaser and shall inure to the benefit of the successors and
1O PV N assigns of such parties.
� �"' IN WITNESS HEREOF, the parties hereto have subscribed their
W o names this 29th day of July, 1985 .
H o
tai o ATTEST: , n `7 BOARD OF COUNTY COMMISSIONERS
z ", t' •• (�vwt 1 ��" " WELD TY, COLORADO
03
n Weld C & Recorder h�j /�
pUl
and C et ' +;oard BY: I 4 y z21
I--• ` ' ••"' ` ,'+y" Pro fern Chairman for Purchaser
' BY ° ' .c," � /
o a �► ? "Clerk
n (The f pection to be completed by Seller. )
p
Seller accepts the above proposal this /,� day of t, ,
W 0 1985 . ////
o BY: ✓� C j 00/ Gf 1e��
o
n e&
O a SUBSCRIBED AND SWORN to before me this f4 day of July,
o 1985 •
n
o a
WITNESS my hand and official seal.
40 .
N• ac Notary Public
fission expires:
OF C o1....'.o .
' My Commission Expires April 18, 1988
Page 4 of 4 Pages
THOMAS A. RICHARDSON
ATTORNEY AT LAW
THEA BUILDING
909 ELEVENTH AVENUE
GREELEY. COLORADO 80631
(3 o E C E I V E
(3O3) 382.5294
JUL 2 2 1985
July 18 , 1985
ELD COUNTY
ATTORNEY'S OFFICE
Mr. Bruce T. Barker
Assistant County Attorney
P. 0. Box 1948
Greeley, Colorado 80632
Re : Agreement for Sale
Vacant Land - Mrs. Leo
Wardman
Dear Mr. Barker:
Enclosed please find the signed agreement by Mrs.
Leo Wardman.
My assumption is that you will send us a copy after
the County Commissioners have signed this agreement.
I also assume that after the contract is approved
you will prepare the deed for signing. Please deliver
the original deed to me , and I will obtain Mrs.
Wardman' s signature. Mrs. Wardman will appreciate re-
ceiving the check upon delivery of the deed to the
County Commissioners.
Thank you very much for your kidness and efficiency
in working with my client and myself. It has been
appreciated.
Yours truly,
Thomas A. Richardson
TAR:hl
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