HomeMy WebLinkAbout940046.tiff RESOLUTION
RE: DECLARE PROPERTY SURPLUS AND 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, State statute and the Weld County Administrative Manual require
that all items disposed of be declared surplus by the Board of County
Commissioners, and
WHEREAS, the County has determined that certain real estate is no longer
required for County use, said property being described as follows:
GR SK2-9A S15' OF VAC 18TH ST-15' X 170. 74'
LYING N L9BLK2 SPRUCE KNOLL ESTATES
WHEREAS, after having advertised the availability of said property, in a
public meeting on January 5, 1994, the Board did receive a sole bid in the form
of a Contract to Buy and Sell Real Estate, and
WHEREAS, said contract provides for the sale of the abovementioned property
to Charles and Ida Karowsky for the amount of $201.00, with the terms and
conditions being as stated in said contract, 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 property herein described be, and hereby is, declared
surplus.
BE IT FURTHER RESOLVED by the Board that the Contract to Buy and Sell Real
Estate with Charles and Ida Karowsky, in the amount of $201.00, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the board that the Chairman be, and hereby is,
authorized to sign all necessary documents pertaining to said sale.
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OpINnii
RE: APPROVE CONTRACT TO BUY AND SELL REAL ESTATE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 5th day of January, A.D. , 1994.
/
ATTEST: { / ;/ -/ r/ �`,/ , BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1 k
Weld County Clerk to the Board / ��47 r
�/ ' W. H. Webster, h irman
/
Deputy Clerk to the Board Dale Hall, Pr
APPROVE AS TO FORM:
....�,f -T er
eye '. Baxter ` ,
County Attor ey Constance,onns L. Harbert
/�gjvSr - .1. Se/A-,
arbara J. Kirkm
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VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
1. The undersigned hereby acknowledges having received from
Li'-A/. L s 4. 3-4,4 eArgrit).5A) ci the sum of f.j . cO , in the
form of certified funds, t/ be held by Weld County, in trust
account, as earnest money and part payment for the following
described real estate, to wit:
GR SK2-9A S15' OF VAC 18TH ST-15' X 170. 74'
LYING N L9BLK2 SPRUCE KNOLL ESTATES
together with all easements and right-of-way appurtenant thereto,
hereinafter called the property.
2. The undersigned person(s) O4-RPL1 5 'r1-PA J/Agc r
hereinafter called Purchaser, hereby agrees to buy the Property,
and the Board of County Commissioners of Weld County, hereinafter
called Seller, hereby agrees to sell the Property upon the terms
and conditions stated herein.
3. Trpurchase price shall be U.S. o /. C G , payable as follows:
,J.p O which is a portion of sales price and hereby
receipted for and the remainder to be paid in cash or certified
funds at the time of closing.
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 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.
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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.
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 be 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, this contract 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.
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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.
(B) 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.
(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 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.
SELLER:
f 'J /r/ BOARD OF COUNTY COMMISSIONERS
ATTEST / ' WELD COUNTY COLOR DO
Weld County Clerk to the Board BY:
Chairman
915 10th Street
BY: ,{ Greeley, CO 80631
Deputy Cler to th�
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( The ft)1 1 ow 1 I-1 g s e c t i o n t o be
c amp f e t e d by pn r c h a s e r )
15. Ochaser accepts the above proposal this �z day of
( p y � , A.A. , 1993.
PURCHASER:
(A ress)
/ goo 3 . v�K i , , ro_ go6j/
SUBSCRIBED AND SWORN to before me this 02,7 day of �tc ,
1993.
WITNESS my hand and official seal.
/ c 1
ettoteigIte- deetA. -g
�Ol<i�ir dottS4/
/ (Notary Public)
My commission expires:
-/y// .6
"' CAROL B0UCHARD
•.� . ; MY COMMISSION N CC 214871
-^, da EXPIRES:July 14,1896
dt or„P Bonded Tani Notary Pu6Bc Undenyntars
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AR237D1S4 o'clock M. ,
Recorder.
SPECIAL WARRANTY DEED
Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado,
County of Weld, and State of Colorado, for the consideration of Two Hundred One
dollars ($201) , in hand paid, hereby sell(s) and convey(s) to Charles and Ida
Karowsky, as joint tenants, whose legal address is 1800 23rd Avenue Lane, Greeley,
Colorado 80631, County of Weld, and State of Colorado, the following real property
in the County of Weld, and State of Colorado, to wit:
The south 15 feet of the vacated 18th Street in Greeley, Colorado,
being more specifically described as a pardel 15 feet by 170.74 feet in
size lying immediately north of Lot .9, Block 2, Spruce Knoll Estates
Subdivision, Greeley, Colorado, as shown on the Plat recorded on July
3, 1961, at Reception Number 1358797, and found in Envelope Number 236
in the Offices of the Weld County Clerk and Recorder,
with all its appurtenances and warrant(s) the title against all person claiming
under us.
Signed and delivered this /9 day of , 19W
Wel ounty, Colorado, a political
subdivision //
of 'the Stateof Colorado.
BY: I/! [ / ��
! irCif%1 '
W. H. Webster, Chairman
Board of County Commissioners
of the County of Weld, Colorado
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instr e t was acknowledged before me this 1 day of
• • , 19/ /, by W. H. Webster, Chairman.
•
My Commission Expires January10,19� Witness my hand and
My c6Mm ggion expires ,
off q. ax}seal] } -
s e. 4 •
t N '� �/.4..`AG. O N cadet/c
Name aad*dreee•bf Person Creating Newly
Created UegQfDeal1ption (S 38-35-106.5, C.R.S.)
form\warranty.gjb
B 1423 REC 02370154 01/20/94 16 : 23 $0 . 00 1/001
F 1113 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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