HomeMy WebLinkAbout930998.tiff Recorded at _o'clock —M.,
Reception No. —
,.,,corder.
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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.
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F 0503 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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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
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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. �•
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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.
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F 1737 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920326
930993
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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. _
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F 1738 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930998
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(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:
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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
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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
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F 1736 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920326
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