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HomeMy WebLinkAbout930998.tiff Recorded at _o'clock —M., Reception No. — ,.,,corder. • SPECIAL WARRANTY DEED THIS DEED, Made this day of September , 1993 , between the County of Weld, a body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of Weld County of the * County of Weld ,State of Colorado,granter(s),and Marlene Giffin whose legal address is 205 Lincoln, Nunn, Colorado 80648 of the County of Weld ,State of Colorado,grantee(s): WITNESSETH,That the grantor(s), for and in consideration of the sum of One Hundred and no/100 DOLLARS , the receipt and sufficiency of which is hereby acknowledged,ha s granted,bargained,sold and conveyed,and by these presents does grant, bargain,sell,convey and confirm,unto the grantee(s), her heirs and assigns forever,all the real property,together with improvements, if any,situate,lying and being in the County of Weld ,State of Colorado, described as follows: Lots 10 and 11, Block 46 in HI-J Subdivision, Town of Nunn, County of Weld, Colorado, as shown on the plat thereof recorded March 27, 1908 at Reception Number 127924 in the Office of the Weld County Clerk and Recorder. B 1401 REC 02349678 09/09/93 15: 22 $0 .00 1/001 F 0503 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO xaboAxomvalbxxrwxmvkaawfiocwxx TOGETHER with all and singular the hereditaments and appurtenances thereto 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 grantor(s),either in law or equity,of, in and to the above bargained premises, with the hereditainents and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances.unto the grantee(s), her heirs and assigns forever.The grantor(s),for it self , its heirs and personal representatives or successors,does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), her heirs and assigns,against all and every person or persons claiming the whole or any part thereof,by through or under the granter(s). IN WITNESS W EREOF,the gra or(s) hyy/�V'^',f executed this deed on the date set forth above. 4 COUNTY OF WELD, A BODY POLITIC AND CORPORATE OF THE STATE OF COLORADO, BY ATTEST: AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY • i �7ri Pe —,, di/at E/ BY C- _��/ Constance L. arbertChairman STATE OF COLORADO ss. County of Weld -71`—The foregoing instrument was acknowledged before me this day of 19 q`�'• by Constance L. Harbert Witness my hand and official seal. My Commission Expires January 11),1995 My commission expires i 117 #—('N.mry blic *If in Denver,insert"City and." No.16.Rev.3-85. SPECIAL WARRANTY DEED P� Drm,,.v Publishing,P43%s:%teeSI Denver,COCO Pig RprffiriffltlytnbPv 930 99 8 • • ail - 7,3- L'r--7 - ` '-� VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) March 25, 1992 1. The undersigned hereby acknowledges having received from Marlene Giffin the sum of $100.00 in the form of certified funds, to be held by Weld County, in trust account, as earnest money and part payment for the following described real estate, to wit: 1/4 Lots 10 and 11, Block 46 in H-J Subdivision, 000 Town of Nunn, County of Weld, Colorado together with all easements and right-of-way appurtenant thereto, hereinafter called the property. �• �--- 2. The undersigned person(s) ,Marlene a Giffin hereinafter called v' Purcha er, hereby agrees to buy the Property, an the Board of County ommissioners of Weld County, hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S. $100.00, payable as follows: 0 $100.00 which is the sales price and hereby receipted for. 4. Price to include vacant land only. 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 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 special 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 stl free d as of the date of Purchaser's signature hereon, whether assessed or not; and clear of all liens and encumbrances, and except the recorded and/or apparent easements and subject to building and zoning regulations. B 1338- REC 02290749 06/05/92 14:37 $0.00 2/005 F 1737 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920326 930993 Peoa-a9 ♦ • 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 closing. 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 he released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 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, thi rcontract 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. 12. In the event the Property is substantially damaged by 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 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. (3) 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 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. _ B 1338 REC 02290749 06/05/92 14:37 $0.00 3/005 F 1738 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930998 • (C) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable cost and expense, including attorneys' fees. 14. If this proposal is accepted by Purchaser in writing and Seller receives notice of such acceptance on or before April 2, 1992, 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: BOARD OF COUNTY COMMISSIONERS ATTEST: 1Y"'WL 'C+h2 WELD COUNTY, COLORADO 4t� s Weld Cou1(tyC Jerk to the Board BY: C airman o51/j5ga, •\ I 915 10th Street BY: p- ..a-a-onN Greeley, CO 80631 'Beput ' to the Board r. ( T2-ie Poll owing section to be .41444 map 1 a tea by purchaser ) 15. Purchaser accepts the above proposal this day of March, A.D., 1992. PURCHASER: • - 076 1,aad�dd ess) SUBSCRIBED AND SWORN to before me this .,a day of March, 1992. WITNESS my hand and official seal. (Notary Public) My commission expires: COMMISSION EXPIRES I0IIE 8.1994 •cOF OO•• B 1338 REC 02290749 06/05/92 14:37 $0.00 4/005 936-97439F 1739 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO t Q6GOCG OD 'OD 4'I3M 83080038 ' xli3Z0 NI31S83I133 NNH 1 HYW 0 5 L I 3 500/S 00'0$ LE:5i Z6/50/90 65L06ZZO 038 BEET 8 -sm . _ _;mow:. SSO - x:60-:::::4.3••7:... � - . - .. . i. 07 * - r -- * 0 - O1 f— * _ w ^, - U Rf�$ : - Q :. 1Je * ' - OWE ' .a.E EuIT) - I : . a. a o 1 - 1: . 1 :•J _ alpm• . 1 � o E CL a.r. w '_ mg& l ) • r 4122290749 RESOLUTION RE: APPROVE VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE AND AUTHORIZE CHAIRMAN TO SIGN NECESSARY DOCUMENTS 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 Vacant Land Contract to Buy and Sell Real Estate between Weld County and Marlene Giffin, with the terms and conditions being as stated in said contract, and WHEREAS, said contract concerns property described as Lots 10 and 11, Block 46 in H-J Subdivision, Town of Nunn, County of Weld, Colorado, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Vacant Land Contract to Buy and Sell Real Estate between Weld County and Marlene Giffin 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 any other necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 1992.. 1 BOARD OF COUNTY COMMISSIONERS ATTEST: JJ//(y�l+�(��/(J•��j�% WELD COUNTY, COLORADO Weld County G2 ,KSto the Board y L), Geo e Kenhedy, Chairman Qf • /''l ��yy.. l t BY: A-1; PA Y' E.LGL- Deputy as erk"to the Board Constance L. Harbert, Pro-Tem APPROVED A TO FORM: ✓�- C. W. Ki rb County Attorney Gordon cy W. H. Webster B 1338 REC 02290749 06/05/92 14:37 $0.00 1/005 F 1736 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920326 . 10eOD0q Cc : ft , Prii 9a0998 Hello