HomeMy WebLinkAbout871135.tiff mEmoRAnDum
To FILE Date September 18, 1987
Illik
COLORADO From As per instructions from Bruce Barter, Asst. CA
subject: Purchase of County Property
A Contract to Buy and Sell Real Estate was approved by the Board
of County Commissioners on July 22 , 1987 , said Contract being
between John Leone & John Ingram and Weld County. On September
15 , 1987 , the Clerk to the Board' s Office was ac.vised that a
mutual agreement was reached by the parties involved that this
Contract is considered null and void. No further action will be
taken on this matter.
/Tommie
871135
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
July 9 , 1987
1. The undersigned hereby acknowledges having received
from �o,,a .(4„,F, � d i.✓G.t4m the sum of $ BOO
in the form of ce ti ied -funds, to be held by Weld County, in
trust account, as earnest money and part payment for real
estate and improvements in the County of Weld, Colorado, as
more fully described on the attached Schedule "A" , together
with all easements and right-of-way appurtenant thereto,
hereinafter call "the real estate" .
2. The undersigned person (s)N41,40., .irenre. NOAN e,,,.GtArli
hereinafter called Purchaser, hereby agrees to buy the real
estate and the Board of County Commissioners of Weld County,
hereinafter called Seller, hereby agrees to s=_11 the real
estate upon the terms and conditions stated herein„
DD a 3. The purchase price shall be U.S. .3o7U D C) 0 , payable
as follows: 4' p p °� which is a portionles price and
hereby receipted for and the remainder to be paid in cash or
certified funds at the time of closing.
4 . Price to include land and improvements.
5. Cost of any appraisal for loan purposes to be
obtained after this date shall be paid by Purchaser.
6. Seller to provide special warranty deed only. Title
insurance not to be provided by Seller.
7. The date of closing shall be the date for delivery of
deed as provided in paragraph 8. The hour and pierce of closing
shall be as designated by Seller.
8. Title shall be merchantable in Seller, except as
stated in this paragraph and in paragraphs 9 and 10. Subject
to payment or tender as above provided and compliance by
Purchaser with the other terms and provisions hereof, Seller
shall execute with the other terms and provisions hereof,
Seller shall execute and deliver a good and sufficient special
warranty deed to Purchaser upon receipt of final payment or, by
mutual agreement, at an earlier date, conveying the real estate
free and clear of all taxes, 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 buildiig and zoning
regulations.
871135
9. Except as stated in paragraphs 8 and 10 , 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 date of closing, Seller shall use reasonable effort
to correct said defect (s) prior to date of closincr. 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,
the date of closing shall be extended thirty days for the
purpose of correcting said defect(s) . Except as stated in
paragraph 10 , if title is not rendered merchantable as provided
in this paragraph 9, 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; however, that in lieu of correcting such defect (s) ,
Seller may, within said thirty (30) days, obtain a commitment
for a title insurance policy in the amount of the purchase
price and the Purchaser shall accept the then existing insured
title in lieu of such merchantable title. Seller shall pay the
full premium for such title insurance policy.
10. Any encumbrance required to be paid may be paid at
the time of settlement from the proceeds of this 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 be returned to Purchaser.
11. Possession of the Property shall be delivered to
Purchaser on closing date, excepting current lease through
December 31 , 1987.
12. In the event the Property is substantialLy damaged by
fire, flood, or other casualty between the date of this
contract and the date of delivery of deed, Purchaser may elect
to terminate this contract; in which case all payments and
things of value received hereunder shall be returned to
Purchaser.
13. 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 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
871135
r-
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) Seller may
elect to treat this contract as terminated, :_n 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 Dut of this
contract , the court may award to the prevailLng party all
reasonable cost and expense, including attcrneys ' fees.
14 . If this proposal is accepted by Purchaser in writing
and Seller receives notice of such acceptance on o:: before July
27, 1987, this instrument shall become a contract between
Seller and Purchaser and shall inure to the benefit of the
heirs, successors, and assigns of such parties.
SELLER:
a�'', / ,¢_ BOARD OF COUNTY COMMISSIONERS
ATTEST: t/q 7 `^ik#t#t rrdldl �+/ WELD COUNTY, 0 HADO
l If �
Weld County Clerk and Recorder By:
and Clerk to the B d C i
a 915 10th Street
Greeley, CO -8°546-01
D uty County er
871135
(The following section to be completed by Purchaser)
15. Purchaser accepts the above proposal this o.;R day
of July, A.D. , 1987.
PURCHASER:
(144
C-1:76enja-
124
on£G< ry G d, (Address) ip
Mei 3/ -a=eati✓l Cs4, g°6 3 r
SUBSCRIBED AND SWORN to before me this 01c2 day of July,
1987.
WITNESS my hand and official seal�.l {c. f
(Notary Pub is
My commission expirewy Commission Expires
November 14, 1989
871135
•
Schedule "A!'
• _ Covering the Land in the State of Colorado, County of Weld
• Described as:
Northwest ; of Section 31, Township 6
North, Range 65 West of the 6th P.M.
EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded
July 28 , 1903 in Book 207 at Page 398, being more particularly
described as follows :
The South 120 acres of the Northwest 1 of Section 31, Township 6
North, Range 65 West of the 6th P.M.
Also,
EXCEPTING THEREFROM a strip of land 20 feet wide over and across
the Northwest < of Section 31 , Township 6 North, Range 65 West of
the 6th P.M. , being more particularly described as follows :
COMMENCING at a point on North line of South 120 acres of NW; of
said Section 31 , a distance of 500 feet East from Northwest corner
of said 120 acres,
thence North in a direct route to public highway o.l the line ccntmon
to Sections 30 and 31, Township 6 North , Range 65 'test cf the 6th
P .M.
Also
?.C PTI_CG THEREFROM a tract of land as conveyed by Deed recorded
::arch 22, 1927 in Book 806 at Page 541, being more particularly
described as follows:
All that part of the North z of the North 1 of the Northwest 1 of
Section 3t, Township 6 North, Range 65 West of the 6th P.M. , lying
West of the right of way for a private road, over and across the
strip of land 20 feet wide described above, as conveyed by Deed
recorded July 28 , 1903 in Book 207 at Page 398.
Also
EXCEPTING THEREFROM all that part of the Northwest o of said
Section 31 lying North of the North line of the South 120 acres
of said Northwest ;, South of th.. South line of the North 1 of the
North 1 of said Northwest o and West of the right of way for a
private road, over and across the strip of land 20 feet wide
described above, as conveyed by Deed recorded July 28 , 1903 in
Book 207 at Page 398 .
Also s
EXCEPTING THEREFROM any portion of the Northwest a of said Section
31 which may lie South of the North 44 . 32 acres th=_reof and North
of the South 120 acres thereof. •
• 871135
j - -
•
LAND AREA SKETCH
1 Scale: 1" = 1 , 000 '
3
WELD COUNTY ROAD #64 ( "O" Street)
I PARCEL #6
8 Ac. ± Mumper
(4650)
Corner
i + ti PARCEL t5,..\
`� es .enc (4690) i (4700)
c, n ' 11,
� PARCEL #1 _ Irrigated i
ip b /Water Detention Po[td .. 27 Ac. ± Farmland '
1° )1 - 32 A — + — — --' . =
46670)70) i oil/qae well
TruckWash 2, 640 ' ± )
I
PARCEL #3
LI 26 Ac.e±I
+1 w
L--% Pastur & �'
c Ditch (4660) , Fastelan 0 W
c >
m ` . ..° ,
r; PARCEL #2 ' N
103 Ac. ± . y
r,
Irrigated Farmland
I Pon
Jl.„ i
2 , 640 ' ± (4650)
PARCEL #4
4 Ac. ±
1 Denotes approx. Elevation
above sea level
I DWN BY: Michael C. Marion, MAI
4/87 w
I a.
I
1
I
871135
10
Recorded at o'clock M., r*.
Reception No........... _ Recorder.
II
•
THIS DEED, Made this 26th day of August ,19 87.
,I
between Weld County, Colorado, a body corporate and politic of the State of Colorado,
of the County of Weld and state of •
Colorado,of the first part,and John Leone and John Ingram, as Tenants in Common
I
whose legal address is 1648 0 Street, Greeley, Colorado 80631
II,
of the County of Weld and state of
Colorado,of the second part,
WITNESSETH,That the said party of the first part,for and in consideration ottk¢attmmi GOOD AND
VALUABLE CONSIDERATION IICH) flC$ ;
to the said party of the first part in hand paid by the said parties of the second part,the receipt whereof I
is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by these S'
presents does remise,release,sell,convey and QUIT CLAIM unto the said pa;tiesof the second part,their heirs, •
successors and assigns,forever,all the right,title,interest,claim and demand which the sai i party of the first part I
ha s in and to the following described lot or parcel of land situate,lying and being in the County j I
of Weld and State of Colorado,to wit:
1) That part of the North One—Half (Ni) of the North One—Half (Ni) of the North—
west One—Quarter (NW}) , Section 31, Township 6 North, Range 65 West of the li
6th P.M. , Weld County, Colorado, lying West of the private road right—of—way,h
over and across a strip of land twenty (20) feet wide, as conveyed by Deed
recorded July 28, 1903, in Book 207, at Page 398.
2) Any and all rights first party may own in tail—water flowing onto any or all j'
of the properties described in Exhibit "A."
3) Any and all easements, which benefit any or all of the properties described 11
in Exhibit "A" and which direct and/or facilitate the flow of tail—water
across properties lying to the south of Weld County Road 64.
•
•
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto I
belonging or in anywise thereunto appertaining, and all the estate,right,title,interest and claim whatsoever,of the i;
said part y of the first part,either in law or equity,to the only proper use,benefit and beltoof of the said parties of ,
the second part,theitheirs and assigns forever.
IN WI NESS WHEREOF,The said part y of the first part has hereunto setits t.and
and seal e d and ar first ova written. WELD COUNTY, COLORADO, a body
[SEAL] VI
ATTEST: corporate and politic of the II
Weld County rk and Recorder State of Colorado [SEAL] I
and Clerk to the Board •
[SEAL]
De uty County Cle B : e [SEAL] •I
/STATE OF COLORADO, l G . L cr'hairman I
} Board of Coun Commissioners of
sa
J Weld County, Colorado .
County of Weld-`- —
The foregoing instrument was acknowledged before me this c:11-rth day of LSLt Sf
1981 ,by Gordon E. Lacy, Chairman, Board of County Commmissioners of Weld County, I
Colorado, on behalf of Weld County, Colorado, a body corporate and politic of the-
Stg�e of Colorado. ,18 .Witnessm hand and official seal.
Mycommlamonexplres alas} 7 &9 y
•
U
� f�s •
Notary Public. i.
A-Lau- , ea 872)63/• 871135
No.933.QUITCLAIM DEED.—Bradford Publishing Co..182,.46 Stout S ,Denver,Colorado(573-6011)-8177 •
EXHIBIT "A"
Northwest } of Section 31 , Township 6 North, Range 65 West of the
6th P.M.
EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded
July 28 , 1903 , in Book 207 at Page 398 , being more particularly
described as follows :
The South 120 acres of the Northwest 3 of Section 31 , Township 6
North, Range 65 West of the 6th P.M.
Also,
EXCEPTING THEREFROM a strip of land 20 feet wide over and across
the Northwest } of Section 31 , Township 6 North, Range 65 West of
the 6th P.M. , being more particularly described as follows:
COMMENCING at a point on North line of South 120 acres of NW} of
said Section 31 , a distance of 500 feet East from Northwest corner
of said 120 acres,
thence North in a direct route to public highway on the line
common to Sections 30 and 31 , Township 6 North, Rang 65 West of
the 6th P.M.
Also
EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded
March 22 , 1927 , in Book 806 at Page 541 , being more particularly
described as follows :
All that part of the North } of the North } of the Northwest } of
Section 31 , Township 6 North, Range 65 West of the 6th P.M. , lying
West of the right of way for a private road, over and across the
strip of land 20 feet wide described above, as conveyed by Deed
recorded July 28 , 1903 , in Book 207 at Page 398 .
Also
EXCEPTING THEREFROM all that part of the Northwes = } of said
Section 31 lying North of the North line of the South 120 acres of
said Northwest } , South of the South line of the North } of the
North } of said Northwest } and West of the right of way for a
private road, over and across the strip of land 20 feet wide
described above, as conveyed by Deed recorded July 28 , 1903 , in
Book 207 at Page 398 .
Also
EXCEPTING THEREFROM any portion of the Northwest } of said Section
31 which may lie South of the North 44 .32 acres thereof and North
of the South 120 acres thereof.
But
INCLUDING any and all improvements located thereon and minerals
located thereunder with the exception of oil and gas .
871135
Recorded at o'clockM.,
Reception No. _Recorder.
RECORDER'S STAMP
THIS DEED,Made this 26th day of August
19 87 ,between Weld County, Colorado, a body corporate
and politic of the State of Colorado
of the County of Weld and State of Colo-
rado,of the first part,and John Leone and John Ingram, as
Tenants in Common
whose legal address is 1648 0 Street, Greeley, Colorado
80631
of the
County of Weld and State of Colorado,of the second
part;
WITNESSETH,That the said part y of the first part,for and in consideration of the sum
of Thirty-Two Thousand and no/hundredths Dollars ($32,000.00)-•-
EMMA
to the said part y of the first part,in hand paid by the said part ies of the second part,the
receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and con-
veyed, and by these presents does grant, bargain, sell, convey and confirm unto the said
part ies of the second part, their heirs and assigns forever, all ti following described
lot or parcel of land,situate,lying and being in the County of Weld
and State of Colorado,to wit:
See Exhibit "A" attached hereto.
Together with all and.singular the hereditaments and appurtenances thereunto 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 part ies of the second part, their
heirs and assigns forever.
And the said
party of the first part,for it self , and its heirs,executors and
administrators,does covenant,grant,bargain and agree to and with the said part ies of the
second part,their heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said part ies of the second part,their 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 FOREVER.DEFEND.
IN WITNESS WHEREOF,The said part y of the first part has hereunto set its
hand seals day first above written.
WELD COUNTY, COLORADO, a body
ATTEST: corporate and politic of the
State of Colorado [SEAL]
( i By: SEAL]
u y oun y arc L , man
Board of Count}[,mmis- [SEAL]
STATE OF COLORADO, I sioners of Weld County,
as. Colorado
County of Weld
The foregoing instrument was acknowledged before me this c;a th day of at,t 5,-
19 8'? ,by Gordon E. Lacy, Chairman, Board of County Commissioners of Weld County,
Colorado, on behalf of Weld County, Colorado, a body corporate and politic of the
State of Colorado
My commission expires ackat.)-4-/- ,18 b .W itne lay hand and officia seal.
7/5 -CA.. I Notary Public.
0 /871135
No.16 SPECIAL WARRANTY DEED.—Bradford Publishing Co.,1824-46 Stout Street,D ,Colorado(678-6011)19-77 ( e8
EXHIBIT "A"
Northwest } of Section 31 , Township 6 North, Range 65 West of the
6th P.M.
EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded
July 28 , 1903 , in Book 207 at Page 398 , being more particularly
described as follows :
The South 120 acres of the Northwest } of Section 3] , Township 6
North, Range 65 West of the 6th P.M.
Also,
EXCEPTING THEREFROM a strip of land 20 feet wide over and across
the Northwest } of Section 31 , Township 6 North, Range 65 West of
the 6th P.M. , being more particularly described as foLlows :
COMMENCING at a point on North line of South 120 acres of NW} of
said Section 31 , a distance of 500 feet East from Northwest corner
of said 120 acres ,
thence North in a direct route to public highway on the line
common to Sections 30 and 31 , Township 6 North, Range 65 West of
the 6th P.M.
Also
EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded
March 22 , 1927 , in Book 806 at Page 541 , being more particularly
described as follows:
All that part of the North } of the North of the Northwest } of
Section 31 , Township 6 North, Range 65 West of the 6th P.M. , lying
West of the right of way for a private road, over and across the
strip of land 20 feet wide described above, as conveyed by Deed
recorded July 28 , 1903 , in Book 207 at Page 398 .
Also
EXCEPTING THEREFROM all that part of the Northwest } of said
Section 31 lying North of the North line of the South 120 acres of
said Northwest } , South of the South line of the Ncrth } of the
North } of said Northwest } and West of the right Df way for a
private road, over and across the strip of land 20 feet wide
described above , as conveyed by Deed recorded July 28 , 1903 , in
Book 207 at Page 398 .
Also
EXCEPTING THEREFROM any portion of the Northwest } of said Section
31 which may lie South of the North 44 . 32 acres thereof and North
of the South 120 acres thereof.
But
INCLUDING any and all improvements located thereon and minerals
located thereunder with the exception of oil and gas .
871135
nr
• IIAr orinlyd portion of 'hi' form aolr.n r l by tL
Colorado Neal t%tate Commi,.ioo 65.604.7 II
STATEMENT OF SETTLEMENT
SELLER'S ($7 PURCHASER'S O
'ROPERTY ADDRESS N/A
Weld County, Colorado, a body corporate
TELLER and politic of the State of Colorado PURCHASER_
John Leone and John Ingram
;ETTLEMENT DATE August 26, 1987 DATE OF PRORATION— N/A
,EGAL DESCRIPTION: See the attached Exhibits "A" and "B"
Debit Credit
1. Selling Price 32,000 00
2. Deposit, paid to - 3,200 00
3. Trust Deed, payable to
4. Trust Deed, payable to 5. Trust Deed, payoff to
6. Interest on Loan Assumed
7. Title Ins.Premium
S. Abstracting: Before Sale
9. After Sale
LO. Title Exam. by
L1. Recording: Warranty Deed
12. Trust Deed
13. Release
14. Other Seller exempt by Section 30-1-103, C.R.S.
15. Documentary Fee Seller exempt by Section 39-13-102, C.R.S.
16. Certificate of Taxes Due
17. Taxes for Preceding Year(s)
18. Taxes for Current Year
19. Tax Reserve
20. Special Taxes
21. Personal Property Taxes
22. Hazard Ins.Prem. Assumed—Policy No. Co.
$ Yr.Term Expires
Premium $ Days Unused at ¢ per day
23. Premium for New Insurance
24. Hazard Ins. Reserve
25. FHA Mortgage Ins.Assumed
26. FHA Mortgage Ins.Reserve
27. Loan Service Fee (Buyer)
28. Loan Discount Fee (Seller)
29. Interest on New Loan
30. Survey and/or Credit Report —
31. Appraisal Fee
32. Water and/or Sewer
33. Rents
34. Security Deposits
35. Loan Transfer Fee
36. Loan Payment Due
37. Broker's Fee
3,200 00 , 32,000 00
Sub-Totals
RaltikEdUeltattlandria
28,800 00
balance duets/from Buyer 32,000 00 32,000 00
TOTALS
Thu above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTS
Weld County, Colorado, a body corporate L.
VIMICIMT/Seller and politic of the State of Colorado
4igiu xx z4 B : B
or acy C a n Depu y County Clerk
faun No.C.8)5 Board of County Co ssioners of 8'71135
Weld County, .Colora o
EXHIBIT "A"
Northwest I of Section 31 , Township 6 North, Range 65 West of the
6th P.M.
EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded
July 28 , 1903 , in Book 207 at Page 398 , being more particularly
described as follows:
The South 120 acres of the Northwest } of Section 31 , Township 6
North, Range 65 West of the 6th P.M.
Also,
EXCEPTING THEREFROM a strip of land 20 feet wide over and across
the Northwest } of Section 31 , Township 6 North, Range 65 West of
the 6th P.M. , being more particularly described as follows:
COMMENCING at a point on North line of South 120 acres of NW* of
said Section 31 , a distance of 500 feet East from Northwest corner
of said 120 acres,
thence North in a direct route to public highway on the line
common to Sections 30 and 31 , Township 6 North, Range 65 West of
the 6th P.M. •
Also
EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded
March 22 , 1927 , in Book 806 at Page 541 , being more particularly
described as follows:
All that part of the North } of the North } of the Northwest } of
Section 31 , Township 6 North, Range 65 West of the 6th P.M. , lying
West of the right of way for a private road, over ar.d across the
strip of land 20 feet wide described above, as conveyed by Deed
recorded July 28, 1903 , in Book 207 at Page 398 .
Also
EXCEPTING THEREFROM all that part of the Northwest } of said
Section 31 lying North of the North line of the South 120 acres of
said Northwest } , South of the South line of the North } of the
North } of said Northwest } and West of the right of way for a
private road, over and across the strip of land 20 feet wide
described above , as conveyed by Deed recorded July 28 , 1903 , in
Book 207 at Page 398 .
Also
EXCEPTING THEREFROM any portion of the Northwest } of said Section
31 which may lie South of the North 44 .32 acres thereof and North
of the South 120 acres thereof.
But
INCLUDING any and all improvements located thereon and minerals
located thereunder with the exception of oil and gas.
871135
EXHIBIT "B"
1) That part of the North One-Half (Ni ) of the North One-Half
(N}) of the Northwest One-Quarter (NW}) , Section 31 , Township
6 North, Range 65 West of the 6th P.M. , geld County.
Colorado, lying West of the private road right--of-way, over
and across a strip of land twenty (20) feet wide , as conveyed
by Deed recorded July 28 , 1903 , in Book 207 , at Page 398 .
2) Any and all rights first party may own in tail-water flowing
onto any or all of the properties described in Exhibit "A. "
3) Any and 'all easements, which benefit any or all of the
properties described in Exhibit "A" and which direct and/or
facilitate the flow of tail-water across properties lying to
the south of Weld County Road 64 .
871135
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