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Home My WebLink About941046 RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE INCLUDING LAND AND ANY AND ALL IMPROVEMENTS 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 Including Land and any and all Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Virginia D. Munoz, commencing October 24, 1994, with further 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 Including Land and any and all Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Virginia D. Munoz, 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 b the following vote on the 24th day of October, A.D. , 1994. �I lialda42 BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNTY, COLO ADO Weld County Clerk to the Boards / o 0,1 Pr,/ W. H. Webster, had man � ! BY: �/Z,c Deputy Clerk o the Board Dale . Hall, Pro-T AP D AS TO FORM: eorge .Baxter County A torney Co stance L. Harbery arbara J. Kir eyer 941046 MCOOtl et / etnO ) en Ad2413Y76 AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE INCLUDING LAND AND ANY AND ALL IMPROVEMENTS THIS AGREEMENT, made at Greeley, Colorado, this . ay of October, 1994 between VIRGINIA D. MUNOZ, hereinafter "Purchaser, " and 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 "Seller. " WITNESSETH: That in consideration of the payment by Purchaser to Seller of the sum of Seven Hundred Ninety-Nine Dollars ($799) , Five Hundred Dollars ($500) of which having already been received from Purchaser, and other good and valuable consideration, Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller the following described real property: MIL 22069-A, Lots 5 and 6 , Block 44 south of hillside lateral The agreement of sale and purchase of said Parcel (s) is subject to the following conditions : 1 . Seller shall furnish to Purchaser a Warranty Deed for said Parcel (s) . Title insurance, if desired by Purchaser, will be provided by Purchaser. 2 . Title for said Parcel (s) shall be merchantable in Seller,. except as stated in this paragraph and in paragraph 5 . 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 for said Parcel (s) to Purchaser on a date certain set by Purchaser, conveying said property free and clear of all taxes, except general taxes for 1994 for the period of time from the date of closing to and until December 31, 1994 , payable January 1, 1995, and free and clear of all liens for special improvements installed as of the date of Purchaser ' s signatures hereon, whether assessed or not ; free and clear of all liens and encumbrances, and 2413476 B-1465 P-806 11/01/94 03:21P PG 1 OF 4 PLC DOC 941046 Mat, An iet< titein < .: C..,. , C,_Le ti P cuider 0.00 except the recorded and/or apparent easements; subject to all applicable building and zoning regulations; and including gravel and all other mineral deposits . 3 . 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 Purchaser. Purchaser shall pay the sum of Two Hundred Ninety-Nine Dollars ($299) to Seller at the time of the delivery of the Warranty Deed. 4 . 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 remedie a. IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this Agreement as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damage as may be proper, or (2) Purchaser may elect to treat this Agreement 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 Agreement 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 this Agreement 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 out of this Agreement, the court may award to the prevailing party all reasonable costs and expenses, including attorney' s fees . 24134-6 B-1465 P-S06 11/01/94 03:21P PG 2 OF 4 941046 5 . Possession of said Parcel (s) shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies . 6 . Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this Agreement 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 Seller is a party of or is subject to, or to which the property is subject to, except as provided herein. 7 . In the event the property is substantially damaged by fire, flood, or other casualty between the date of this Agreement and the date of delivery of the Deed, Purchaser may elect to terminate this Agreement; in which case, all payments and things of value received hereunder shall be returned to Purchaser. 8 . All of the conditions stated herein shall be in full force and effect, notwithstanding the conveyance of said Parcel (s) by quit claim deed as outlined in paragraph 2, above, and shall not merge with said Quit Claim Deed. IN WITNESWHEREOF, the parties hereto have subscribed their names this`; day of October, 1994 . SELLER: ATTEST: A, of moueWELD COUNTY, COLORADO, a body?Qvjcorporate and politic of the Clerk to the Board of Colorado, by and through the of County Commiskioners Board of County Commissioners .�... of Weld County By: By: 1.1,/lA ,L M^ ii 11..IL1*-{ Deputy C x- to the Rnar William H. Webster, Chairman 2413476 B-1465 P-806 11/01/04 03:21P PG 3 OF 4 941046 PURCHASER: MA.CT- Virg nia D. Munoz SUBSCRIBED AND SWORN to efore me this a day of ice"trt�L�� , 19 9 `L tI'TNESS my hand and official seal . •r ti rod, Notary Public ti a _ 915 10th St . , Greeley, CO 80631 • ItEpicelnyission expires : amunoz.gjb 2413476 B-1465 P-806 11/01/94 03:21P PG 4 OF 4 9410.6 AR291521,ii o'clock M., Reception No. Recorder. SPECIAL WARRANTY DEED Weld County, Colorado, by and through the Board of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado, County of Weld, and State of Colorado, for the consideration of Seven Hundred Ninety-Nine dollars($799), in hand paid,hereby sell(s) and convey(s)to Joel and Virginia D. Munoz,whose legal address is,County of Weld, and State of Colorado, the following real property in the County of Weld, and State of Colorado, to wit: Those portions of Lots 5 and 6, Block 44 of the Town of Milliken, Colorado, south of the Hillside Lateral with all their appurtenances and warrant(s) the title against all persons claiming under Weld County. Signed and delivered this i(A) day of Alov - \ .c,r- , 1994: ATT T. / Weld County, Colorado, a political subdivision of r P ,i ' the State of Colorado. �� C7 iv GUII y�^ I J/ `.jib; c _ R,�/J/ ✓ �ja�' BY: iiW tOiP-Lti Deputy Cl zfk i.tb ' the Boa d W. H. Webster, Chairman Board of County Commissioners of the County of Weld, Colorado STATE OF COLORADO ) • ) ss. COUNTY,bF FD ) • ril CI r=F air instrument was acknowledged before me this — day of / / /Ytbkii , 1994,1 by W.'fl eb3 F, Chairman. U,'•., t• -\ : o n i'. y.Comr is pn expires t u ,k.- / , 19 `4. Witness my hand and official seal. OF CO J/ U Sit eG'0i jThca.„._) Notary P lic Name and Address of Person Creating Newly Created Legal Description(§ 38-35-106.5, C.R.S.) 2415268 B-1467 P-467 11/14/94 04:49P PO 1 OF 1 REC D0C Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00 941016 i hereby certify that the within instrument is a true duplicate of the Original filed in my office. Witness my hand and official seal this /__%- day of ��--' ' 9 9" �l�Gt/LQ Weld unty Clerk and Recorder Weld County, Colorado Deputy the printed portion of this form approsed by the Colorado Real Fstale Commissioo ISS-60.7.711 STATEMENT OF SETTLEMENT SELLER'S O PURCHASER'S tqc co-07 PROPERTY ADDRESS Colorado, by and through the Board Weld County, gly Joel and Virginia D. Munoz SELLER of County Commissioners of Weld Cou RCILASER SETTLEMENT DATE November 4, 19 9 4 DATE OF PRORATION LEGAL DESCRIPTION: Those portions ofLots & 6 , Bloc k 44 of the Town of n o Milliken, Colorado, t 5l Debit Credit 799 00 1. Selling Price 7 5 0 0 0 2. Deposit, paid to - 3. Trust Deed,payable to 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 12. Trust Deed 13. Release 14. Other 15. Documentary Fee 16. Certificate of Taxes Due 17. Taxes for Preceding Year 18. Taxes for Current Year 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes 22. Hazard Ins,Preen. Assumed—Policy No. Co. $ Yr.Term Expires per day � Premium $ Days Unused at —__, 23. Premium for New Insurance 24. Hazard Ins.Reserve 25. FHA Mortgage Ins. Asswned 26. FHA Mortgage Ins.Reserve 27. Loan Service Fee (Buyer) 28. Loan Discount Fee (Seller) • 29. Interest on New Loam 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 799 00 750 _ 00 Sub-Totals imIxtoexbackoitcomfietacx 4 9 0 0 Balance due 1difrom Buyer 7 9 9 0 0 7 9 9 0 0 TOTALS Tho above figures do not include sales or use takes on personal property APPROVED and ACCEPTED 11 -- Broker Purchaserl � . V' rg' is D. Munoz ftlximakx ;��vNC� L By R Joel 'Munoz Fotm No. C•R3t 941016 [he printed portion of Oils form approsed by the • Colorado Real Estate Commission ISS-6O.7.7) STATEMENT OF SE'VI'LEMLNT SELLER'S) PURCHASER'S Q C `'-- PROPERTY ADDRESS and through the Board Weld County, Colorado, by Jbel` and Virginia D. Munoz SELLER of County Commissioners of Weld CoutpCJIASER SETTLEMENT DATE November 4, 19 9 4 DATE OF PRORATION LEGAL DESCRIPTION: Those portions of Lots 5 & 6, Block 44 of the Town of Milliken, Colorado, south of the Hillside Lateral Delia Credit 799 00 1. Selling Price 750 00 2. Deposit,paid to - 3. Trust Deed,payable to _ 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 12. Trust Deed 13. Release 14. Other 15. Documentary Fee 16. Certificate of Taxes Due 17. Taxes for Preceding Years) 18. Taxes for Current Year 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes 22. Hazard Ins.Preto. Assumed—Policy No. Co. $ Yr.Term Expires per day Premium$ Days Unused at 23. Premium for New Insurance 24. Hazard Ins. Reserve 25. FIIA 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 750 00 799 00 Sub-Totals 49 00 balance due taIralfi Seller IOI KkIt RIIAINXICXX 799 00 799 00 TOTALS The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED Weld County, Colorado, by and through the Board of County IMaavail Seller Commissioners of Weld County Broker -1 By �q-;ltd->�KNScller k_ � 'Z � �� William H. Webster, Chairman rn,am N.), Leis Hello