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Home My WebLink About940802.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE WITH ANDREW SHARPE 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 an Agreement for Sale and Purchase of Real Estate between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Andrew Sharpe, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said 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 Sale and Purchase of Real Estate between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Andrew Sharpe be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of August, A.D. , 1994. J �/� /�� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO �q Weld County Clerk to the Board /%// ;V /9-!-?= t; W. ' Webster, airman BY: 4i(A/ -< sic Deputy Cie to the Boar Dale K: Hall, P rTem (///, APP AS TO FORM: t *� /�� Geor E. Baxter ounty r ey Con tance L. Harbert 2 rke� rA-7 Barbara J. Kirkm er 940802 AR24U533t1 AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE THIS AGREEMENT is made this //( 6 day of , 1994,, by and between the County of Weld, a body corporate a d politic in the State of Colorado, by and through the Board of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Purchaser, " and Andrew Sharpe, whose address is 302 S. Park Ave. , Ft. Lupton, Colorado 80621, by and through his Attorney-in-Fact, Jack Sharpe, whose address is P.O. Box 161, Dacono, Colorado 80514, hereinafter referred to as "Seller. " WITNESSETH: That in consideration of the payment by the Purchaser to the Seller of the sum of $12,000, the sufficiency of which is hereby acknowledged by Seller, Seller agrees to sell to the Purchaser and Purchaser agrees to purchase from the Seller the real property which is described in the attached Exhibit "A" , together with all easements and rights-of-way appurtenent thereto, hereinafter referred to as the "Parcel . " The agreement of sale and purchase of said Parcel is subject to the following conditions : 1 . Seller shall furnish to Purchaser a Special Warranty Deed for said Parcel . Title insurance, if requested by Purchaser, shall be paid for by Purchaser. 2 . The purchase price shall be $12,000, which sum shall be paid by Purchaser to Seller on the date of closing as provided for herein. The price is to include land only. 3 . Title for said Parcel shall be merchantable in Seller. 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 Special Warranty Deed for said Parcel to Purchaser on a date certain set by mutual agreement between Seller and Purchaser, conveying said Parcel 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 subject to all applicable building and zoning regulations . 4 . Seller shall be responsible for the payment of all property taxes for the year 1994, up to the date of delivery of deed. 1 2405330 B-1458 P-227 09/02/94 04:44P PG 1 OF 4 REC DOC0.00 Mary Ann Feuerstein Weld Co. , Clerk & Recorder 9408^2 5 . The date of closing shall be the date of delivery of deed as provided in paragraph 3, above. The hour and place of closing shall be designated by mutual agreement between Seller and Purchaser. 6 . Time is of the essence hereof. 7 . Possession of said Parcel shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies. 8 . Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this 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 the Seller is a party of or which the property is subject to, except as provided for herein. 9 . This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. 10 . Seller agrees to forthwith apply with the Weld County Department of Planning Services for a Recorded Exemption in order to split the Seller' s property so that the Parcel which is the subject of this Agreement will be considered as a legal lot according to the provisions of the Weld County Subdivision Ordinance. Seller and Purchaser agree that any costs associated with the application and hearing process for said Recorded Exemption shall be paid by Purchaser. Furthermore, the consideration referred to herein, and all of the promises and convenants set forth in this Agreement shall be conditional upon the final approval of said Recorded Exemption in accordance with he procedures set forth in the Weld County Subdivision Ordinance. IN WITNESS WHEREOF, the parties hereto have subscribed their names this ,7-0day of atiy,y,Lot , 19'N . 2 2405330 B-1458 P-227 09/02/94 04:44P PG 2 OF 4 9408'32 PURCHASER: ATTEST: Nat COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE CLERK TO TI- A$©ARp STATE OF COLORADO, BY AND i`+yAt, THROUGH THE BOARD OF COUNTY rft i, a COMMISSIONERS OF WELD COUNTY, BY: •.. ,esi�. h(, ti a COLORADO eputy "Cl2°1'1 x BY: . ti „", it _ W. H. We ste , Iairmar0a,/9L/C.LQ�( SELLER: ANDREW SHARPE BY: �' t (dpi K SHARPE, as torney_ i n ct for Andrew Sharpe y Usk It AND SWORN to before me this ..,;(1( ±1!/ day of ' t r,'CAY bi 199',/ • - ': % WITNESS:fit}$ hand and official seal . i \G o i C- A i iyy c Set:( Notary Pylblic CcC0* My commission expires: O,/0//q6, asalepur.gjb 3 2405330 8-1458 P-227 09/02/94 04:44P PG 3 OF 4 910fr 2 EXHIBIT "A" A parcel of land situate in the Northeast quarter of Section 1, Township 1 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, known as 'Lot "A" ' of Recorded Exemption # 1656 and being more particularly described as follows: Considering the North line of said Northeast quarter as bearing South 89°51 ' 00" East and with all bearings contained herein relative thereto: Commencing at the North quarter corner of said Section 1; thence along said North line of the Northeast quarter; South 89°51 ' 00" East 40 . 00 feet; thence along a line that 40 . 00 feet East, measured at right angeles, and parallel to the West line of said Northeast quarter, South 00°06 ' 46" West 163 .21 feet to a point on the South right-of-way of Colorado State Highway 52 , said point also being the TRUE POINT OF BEGINNING of this description; thence along said South right-of-way of Colorado State Highway 52 the following two (2 ) courses and distances; ( 1) North 45°07 ' 26" East 138 . 28 feet; (2) South 89°52 ' 00" East 270 .26 feet; thence South 00°06 ' 46" West 368 . 06 feet; thence North 89°52 ' 00" West 368 . 06 feet to a point on a line that is 40 . 00 feet East, measured at right angles, to the West line of said Northeast quarter; thence along a line that is 40 . 00 feet East, measured at right angles, and parallel to the said West line, North 00°06 ' 46" East 270 .26 feet to the point of beginning. The above described parcel contains 3 . 000 acres and is subject to all rights-of-way, easements, and restrictions now in use or on record. 4 2405330 B-1458 P-227 09/02/94 04:44P PG 4 OF 4 AR24343114 SPECIAL WARRANTY DEED Andrew Sharpe, by and through his Attorney-in-Fact, Jack Sharpe, whose address is 302 S. Park Avenue, Ft. Lupton, Colorado, County of Weld, and State of Colorado, for the consideration of Twelve Thousand Dollars ($12,000), in hand paid, hereby sell(s) and convey(s)to the County of Weld, a body corporate and politic in the State of Colorado, by and through the Board of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado 80631, the following real property in the County of Weld, and State of Colorado,to wit: Lot A of Recorded Exemption 1656, as shown on the plat recorded at Book 1484, Reception Number 2431734, Envelope Number 3880 in the Office of the Weld County Clerk and Recorder. with all its appurtenances and warrant(s) the title against all persons claiming under him. Signed and delivered this 43 day of April, 1995. BY: p,„4 Ci3 J k Sharpe, as Atto ey-in-Fact r Andrew S ( (//� �� J ,+i�/.f_K //„ STATE OF COLORADO )) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /S day of April, 1995 by Jack Share;us Attorney-in-Fact for Andrew Sharpe. Witnesseny hand and official seal. Notary Public My Commission expires . , 19 ?( . Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C.R.S.) sharpe2. PtCa)(I 2434304 B-1487 P-533 04/17/95 01:32P PG 1 OF 1 REC DO(' Weld County CO Clerk & Recorder 0.00 Hello