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HomeMy WebLinkAbout900203.tiff RESOLUTION RE: APPROVE CONTRACT TO BUY AND SELL REAL ESTATE 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, the Board has been presented with a Contract to Buy and Sell Real Estate concerning the following described property, to-wit: A strip of land, approximately 20 feet wide and 1 , 286 feet long, located in the SWI , Section 11 , Township 5 North, Range 65 West of the 6th P.M, Weld County, Colorado. See more complete legal as a result of survey (Exhibit B) . WHEREAS, said property was previously declared as surplus property by the Board, and WHEREAS, said Contract provides for the sale of said property to Denis and Yvonne Duvall, with the terms and conditions being as stated in the Contract, and WHEREAS, after review, the Board deems it advisable to approve said Contract, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above described Contract to Buy and Sell Real Estate be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract and other related documents. • >r' 900203 Page 2 RE: CONTRACT - DUVALL The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D. , 1990 . li BOARD OF COUNTY COMMISSIONERS iLix ATTEST: ilil y r ` \ l e- tZ tU kJ WELD NTY, COLORADO Weld County lerk and Recorder and Clerk to the Board Gene R. Bra er, Chairman BY: / kc1 o_ ,��tui eo e K nnedy, Pro- em ) Deputy County Ctrk APPROVED AS O FORM: Constance L. ar e <- V C.W. Ki Co my Attorney Go f 900203 AP22C7842 VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) February 28, 1990 1. The undersigned hereby acknowledges having received from en O dEMis 4- �vnNNF i U AIL the sum of io, & c , in the form of o U certifie funds, to be held by Weld County, in trust account, as earnest 0 money and part payment for the following described real estate, to wit: U q A strip of land, approximately 20 ft. wide and 1,286 ft. long, o W located in the N1/2SW1/4, Section 11, Township 5 North, Range 65 0 3 West of the 6th P.M. See more complete legal as a result of survey o ca (Exhibit B) . !} W 0 together with all easements and right-of-way appurtenant thereto, hereinafter called the property. Seller reserves right of overflight per Exhibit A. o W .. w 2 . The undersigned person(s) )>E/ies Ivo/v/ve 1LL ~ a hereinafter called Purchaser, hereby agrees to buy the Property, and the o a Board of County Commissioners of Weld County, hereinafter called Seller, r..) hereby agrees to sell the Property upon the terms and conditions stated d' 3 herein. H (� r\i H 3. The purchase price shall be U.S. J`Co, &v , payable as follows: o )10, &D which is a portion of sales price and hereby receipted for and (NI O the remainder to be paid in cash or certified funds at the time of closing. W mw ro z 4. Price to include vacant land only. N U a 5. Cost of any appraisal for loan purposes to be obtained after this W date shall be paid by purchaser. °D `-- 6. Seller to provide warranty deed only. Title insurance not to be r N o provided by Seller. W w 7. The date of closing shall be the date for delivery of deed as provided in paragraph 8. The hour and place 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 and deliver a good and sufficient general warranty deed to Purchaser upon receipt of final payment or, by mutual agreement, at an earlier date, conveying the Property 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 building and zoning regulations. 900203 14. If this proposal is accepted by Purchaser in writing and Seller receives notice of such acceptance on or before March 5, 1990, 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 . G.;-:-,: SELLER: BOARD OF COUNTY COMMISSIONERS ,�.,. WELD TY, COLO 0 ATTEST: $4R4h,1sp,� nif p � ie "., 1 fir-"- o Weld County , k?rtc_ andLecorder BY: hgy/J�./ and Cler„ky�o t"0 $oa - Chai`Yman Ov rC i� , /y 915 10th Street C] /BY t f u Ott/ Greeley, CO 80631 o W eputy � Ce / rk OS o !4 h Wn (The following section to be completed by purchaser) x 0 U 15 . Purchaser accepts the above proposal this ,1„O day of o W re_ij , A.A. , 1990. v .. w o x PURCHASER: W p o g Ue-A-I/a k (Vin/l/MC e-idAa, rnV Z -2.11420 L,4sr /a,t ri :37--/a-6-r H H W (Address) enH o (.,�rE(ey , (/t> Y06,5/ o a 0•1a SUBSCRIBED AND SWORN to before me this )(1 day of -:-It60-(j_) , co W 199q N Q WI-TI( Smy hand and official seal. 0 W a CJ , „ !?r n �1,. -c-Cl� !� ✓ I �.I�Vl1L�rte� W `r A', 1IL' 'v. (Notary Public) co r �t� V•� QP! -cc�-( ",L• N o M Fcielilsion expires: J/L! kt t, r r-Ial o a'CL` glib at mw 1W9 Cdrititlsoloti Expires March 8,1993 900203 Exhibit "B" Legal Description A twenty (20) foot access road located in that part of the Southwest Quarter (SW} ) of Section 11 , Township 5 North, Range 65 west of the 6th P.M. , Weld County, Colorado, being mere no particularly described as follows : Beginning at the West Quarter o u Corner (W} Cor) of- said Section 11 and considering the West line of the Northwest Quarter (NWI ) of said Section 11 as bearing North me 00°25 ' 31" East and with all other bearings contained herein relative thereto; a Thence North 89°36 ' 17" East along the East-West centerline of said 0 3 Section 11 , a distance of 1316 .04 feet to the True Point of Beginning (T.P .O.B. ) ; 4-T4 Thence North 89°36 ' 17" East , a distance of 20 .00 feet; a Thence South 00°06 ' 14 " West, a distance of 1286 . 42 feet, more or 8 less , to a point on the North ROW line or East 18th Street; 41 a Thence North 89' 39 ' 42 " West, a distance of 20 . 00 feet along said North ROW line; L;-; '4 Thence North 00°06 ' 14" East, a distance of 1286 . 16 feet, more or less, to the True Point of Beginning (T.P.O. B. ) . w Said described parcel contains 0 . 591 acres, more or less, and is al subjectsubject to any rights-of-way as granted or reserved by instruments viz of record or as now existing on said described parcel of land. H H \ W 01 El om N CJ COW CO W oZ N Z N0-1 CO ul U fZ N 00 H O M 9OO2D3 AR2207B41 Recorded at_ o'clock M., Reception No. __. —. _—_.__--- Recorder. I RECORDER'S STAMP THIS DEED, Made this 14th day of March 1990 , between Weld County, Colorado, by the Board of County Commissioners of Weld County of the County of Weld and State of Colo rado, of the first part, and Denis and Yvonne Duvall, whose legal address is 2889 East 18th Street, Greeley, Colorado 80631 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 of the sum o OU of Eight hundred and o NO/100 Dollars, —ii o to the said party of the first part,in hand paid by the said parties of the second part, the o receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con- Q veyed, and by these presents does grant, bargain, sell, convey and confirm unto the said ! a i heirs and assigns forever, all the following described o W �� part ies of the second part, their g O 3 lot or parcel of land, situate, lying and being in the County of Weld o W and State of Colorado,to wit: a See the attached Exhibit "A." O V cz en na in l es PG 2 w O m O V ri 2 H H o co a I ] Together with all and singular the hereditaments and appurtenances thereunto belonging, or in v. W I anywise appertaining, and the reversion and reversions, remainder and remainders, rents, 'I cor k issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, O 2 I of the said part of the first part, either in law or equity, of, in and to the above bargained N 4 premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said O >., premises above bargained and described,with the appurtenances, unto U c4 the said part ies of the second part, their aheirs and assigns forever. OO H I And the said party of the first part,for its self , its heirs, executors and HI o administrators, does covenant,grant,bargain and agree to and with the said parties of the w Gv I second part, theirheirs 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 party of the first part have hereunto set their hand and seal the day and year first above written. Weld County, Colorado, by a through the Board of County Signed, Seed and Delivered in the resence of Co sioners of Weld County[SEAL] ATTEST: i ,;1t^ :r&tail ". J • /( s. /g4.., [SEAL] I ene R. Brantner, Chairman B(YE,_ ,7Y1--11f-rte (iywx ) [SEAL] TATE OF COLORAD&, r ss. County of J The foregoinginstrument was acknowledged before me this )4 ti' day of j) CL\- II 19 qp ` 'b¢,I�{Yens Larar rf a� Or) beinak F Of f-nL. t(YL d cf CL,L,n4, [ (!ern11t(-°SICrLP.i O,(-' U;tic1.' .•}..U.rtfti.,LCIDr614C My comntiaslnn expires _aa ,19s my ha and official seal. �} oyu (//j 1 b.7Z Notary Publlr. vp' ........ �;1 GirPele i ,CO BLo�r € OF CO, ' No.16 SPECIAL WARRANTY DEED.—Bradford Publishing Co.,1824-46 Stout Street,Denver,Colorado(673-5011)12-77 =,) 9Q0203 4 Exhibit "A" Legal Description A twenty (20) foot access road located in that part of the Southwest Quarter (SWU ) of Section 11, Township 5 North, Range 65 west of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the West Quarter Corner (Wk Cor) of said Section 11 and considering the West line N o O o of the Northwest Quarter (NWj ) of said Section 11 as bearing North 00`25 ' 31" East and with all other bearings contained herein N o relative thereto; U Thence North 89°36 ' 17" East along the East-West centerline of said a Section 11 , a distance of 1316 .04 feet to the True Point of o w Beginning (T.P.O.B. ) ; o Thence North 89°36 ' 17" East, a distance of 20 .00 feet; o w Thence South 00°06 ' 14" West, a distance of 1286 . 42 feet, more or ra less, to a point on the North ROW line of East 18th Street; p Thence North 89°39 ' 42" West, a distance of 20.00 feet along said North ROW line; o a Thence North 00°06 ' 14" East, a distance of 1286 . 16 feet, more or less, to the True Point of Beginning (T.P.O.B. ) . Said described parcel contains 0 . 591 acres, more or less, and is wsubject to any rights-of-way as granted or reserved by instruments o a of record or as now existing on said described parcel of land. rn U n H �-1 H • w E 0 o CO W w CO• W N• W oz N Z N KC O ua a CO N N N CO Cv 9,-.®203 - -. the printed pnrUon of this form approved t., the Colorado Heal Estate Commission 155.60-7.7' STATEMENT OF SETTLEMENT SELLER'S ® PURCHASER'S ❑ PROPERTY ADDRESS N/A SELLER_ Weld County o o ado PURCILASER Penic and Yvonne D val SETTLEMENT DATE DATE OF PRORATION LEGAL DESCRIPTION: See Exhibit "A" Debit Credit 1. Selling Price i 800 00 2. Deposit, paid to 80 00 3. Trust Deed, payable to None 4. Trust Deed, payable to 5. Trust Deed,payoff to 6. Interest on Loan Assumed " 7. Title Ins.Premium " 8. Abstracting: Before Sale " 9. After Sale 10. Title Exam. by " 11. Recording: Warranty Deed Exempt pursuant to Section 30-1-103, C.R.S. 12. Trust Deed None 13. Release 14. Other 15. Documentary Fee Exempt pursuant to Section 39-13-102, C.R.S. 16. Certificate of Taxes Due None 17. Taxes for Preceding Year(s)" 1 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 0 per day 23. Premium for New Insurance None 24. Hazard Ins. Reserve " 25. FHA Mortgage Ins.Assumed " 26. FHA Mortgage Ins. Reserve " 27. Loan Service Fee (Buyer) 23. 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 Sub-Totals 80 00 kaafatiliail=5.055IfirdthiX Balance due k4dfrom Buyer 720 00 TOTALS 800 00 800 00 Thu above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED Weld County, by and through ATTEST: c. the Board of County Commissioners • • _ railin#e Sellerof Weld ,County, Colorado EidSK TaKhai ZSe1ler � f/�w CRY Gene R. Bran ner, Chairman ro,-n No. C.835 900203 to 11 Exhibit "A" Legal Description A twenty (20) foot access road located in that part of the Southwest Quarter (SW} ) of Section 11 , Township 5 North , Range 65 west of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at the West Quarter Corner (W} Cor) of said Section 11 and considering the West line of the Northwest Quarter (NW* ) of said Section 11 as bearing North 00°25 ' 31" East and with all other bearings contained herein relative thereto; Thence North 89°36 ' 17" East along the East-West centerline of said Section 11 , a distance of 1316 .04 feet to the True Point of Beginning (T.P.0.B. ) ; Thence North 89°36 ' 17" East, a distance of 20 .00 feet; Thence South 00°06 ' 14" West, a distance of 1286 .42 feet, more or less, to a point on the North ROW line of East 18th Street; Thence North 89°39 ' 42" West, a distance of 20 . 00 feet along said North ROW line; Thence North 00°06 ' 14" East, a distance of 1286 . 16 feet , more or less , to the True Point of Beginning (T.P.0.B. ) . Said described parcel contains 0 . 591 acres, more or less , and is subject to any rights-of-way as granted or reserved by instruments of record or as now existing on said described parcel of land. 90O2W3 the printed portion of thlt form approved by the Colorado Neal 1 si2le Cummt.+.00 is5.60-7.71) STATEMENT OF SE'ITLEMEN'r SELLER'S O PURCHASER'S PROPERTY ADDRESS N/A SELLER Weld County. Colorado PURCA ASER`Denis and Yvonne Duvall l SETTLEMENT DA'1'F __... DATE OF PRORATION_ • LEGAL DESCRIPTION: See Exhibit "A" Debit Credit 1. Selling Price 8 0100 it 2. Deposit,paid to _ 1 I 8000 3. Trust Deed,payable to None — I1 4. Trust Deed, payable to ,1 — j--Ji 11 l 5. Trust Deed, payoff to ^—._—_ 1---- f �� 6. Interest on Loan Assumed 1, i l 7. Title Ins.Premium ,, y: • 8. Abstracting: Before Sale II 9. After Sale 10. Title Exam. by - 11. Recording: Warranty Deed Seller exempt Section 30-1-103, C.R.S. 12. Trust Deed 13. Release 14. Other I 15. Documentary Fee Seller exempt Section 39-13-102, C.R.S. 11 1 16. Certificate of Taxes Due None 17. Taxes for Preceding Years) " l ! 1' 18. Taxes for Current Year " }II 19. Tax Reserve It I �� 20. Special Taxes 1 I 21. Personal Property Taxes ii 22. Hazard Ins.Prem. Assumed—Policy No. Co. I I --- .�— h Yr.Term Expires _ r----r— =— l Premium $ Days Unused at Qper day l — 23. Premium for New Insurance None _ i~ � 24. Hazard Ins. Reserve " L .� i 25. FHA Mortgage Ins.Assumed u —~—�� 26. FHA Mortgage Ins.Reserve 11 27. Loan Service Fee (Buyer) " 28. Loan Discount Fee (Seller) 1, 29. Interest on New Loan " —II 30. Survey and/or Credit Report 31. Appraisal Fee t' 32. Water and/or Sewer " — 1 33. Rents " — 34. Security Deposits " 35. Loan Transfer Fee " 36. Loan Payment Due " - 37. Broker's Fee 11 --� • - T 1 li i I ---11 --- 800 -100~ 80 00 Sub-Totals - 720 00 Balance due to/ Dan[Seller - 1,ROMIDDXKUNAIMICMICSCOX TOTALS sooloo oo li 800 100 Thu above figures do not include sales or use taxes on personal property I APPROVED and ACCEPTED Purchaser/ ' Broker � 4 '�/?� Denis Duvall s Purchaser/7S ()-�-�v,1 -/ 2.. By_ - onne Duvall From No.C.8SJ , 91,0203 Exhibit "A" Legal Description A twenty (20) foot access road located in that part of the Southwest Quarter (SWA ) of Section 11 , Township 5 North , being e 65 west of the 6th P.M. , Weld County, Colorado, more particularly described as follows : Beginning at the West Quarter Corner (W} Cor) of said Section 11 and considering the West line of the Northwest Quarter (NWk ) of said Section 11 as bearing North 00°25 ' 31" East and with all other bearings contained herein relative thereto; Thence North 89°36 ' 17" East along the East-West centerline of said Section 11 , a distance of 1316 .04 feet to the True Point of Beginning . (T.P .O.B. ) ; Thence North 89°36 ' 17" East , a distance of 20 . 00 feet; Thence South 00°06 ' 14" West, a distance of 1286 . 42 feet, more or less , to a point on the North ROW line of East 18th Street; Thence North 89° 39 ' 42" West, a distance of 20 . 00 feet along said North ROW line; Thence North 00°06 ' 14" East, a distance of 1286 . 16 feet , more or less , to the True Point of Beginning (T.P.O. B. ) . Said described parcel contains 0 . 591 acres , more or less, and is subject to any rights-of-way as granted or reserved by instruments of record or as now existing on said described parcel of land. 9r c2( 3 Hello