HomeMy WebLinkAbout900880.tiff AR2229154
RESOLUTION
RE: DECLARE CERTAIN PROPERTY AS SURPLUS AND AUTHORIZE SALE OF
SAME
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, Weld County currently owns certain property which is
described as follows:
That part of the North Half (N 1/2) of the
Southeast Quarter (SE 1/4) of Section 12 ,
Township 5 North, Range 65 West of the 6th
P.M. , Weld County, Colorado, lying north of
the following described right-of-way:
That part of the North Half (N 1/2) of the
Southeast Quarter (SE 1/4) of Section 12 ,
Township 5 North, Range 65 West of the 6th
P.M. , being a strip of land fifty feet (50 ' )
in width, twenty-five feet (25' ) on each side
of the center line described as follows :
Commencing at a point 200 . 5 feet South of the
center of said Section; thence South 85
degrees 2 ' East, 179 feet; thence North 72
degrees 49 ' East, 287 feet; thence North 83
degrees 56 ' East, 501 feet; thence North 89
degrees 38 ' East, 228 feet' thence North 76
degrees 23 ' East, 87 feet; containing
approximately 2 . 528 acres, more or less .
Together with all easements and right-of-way
appurtenant thereto, hereinafter called the
property.
WHEREAS, the Board of County Commissioners finds that the
above described property is no longer needed by Weld County for
governmental purposes, and
WHEREAS, the Board desires to declare said property as
surplus property, and desires to sell same , and
WHEREAS, a sealed bid was submitted by William F. and Toni M.
Wickersham for the purchase of said property.
B 1278 REC 02229154 10/03/90 15: 32 X0. 00 1/004
F 0857 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
900880
r.. O
Page 2
RE: SURPLUS PROPERTY - 65 ,05 ,12
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described property be , and hereby is, declared to be surplus
property.
BE IT FURTHER RESOLVED by the Board that the bid submitted by
William F. and Toni M. Wickersham, in the amount of $330 . 00 , for
the purchase of said property be, and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 26th day of
September, A.D. , 1990 .
/keit BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
Gene R. Brantner, Chairman
BY: Sal / / -laY_E/L Geo ge K nedp, Pro- V
Deputy Oierk to the Board
r
APPROVED AS TO FORM: ons ance H� t
C. Kir _
County Attorney Gore
r
B 1278 REC 02229154 10/03/90 15: 32 50. 00 2/004
F 0858 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
900880
Recorded at o'clock SL,
Reception No. Recorder.
RECORDER'S STAMP
THIS DEED,Made this 1§t day of October
19 90 , between Weld County, Colorado,
a quasi-municipal corporation,
of the County of Weld and State of Colo-
rado, of the first part, and William F. and Toni M.
Wickersham
whose legal address is 23989 Weld County Road 50
of the
County of Weld and State of Colorado,of the second
part;
WITNESSETH,That the said part of the first part, for and in consideration of the sum
of Three hundred thirty and no/100
Dollars,
to the said part y of the first part,in hand paid by the said parties of the second part,the
receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con-
veyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said
part ies of the second part, their heirs and assigns forever, all the following described
lot or parcel of land, situate, lying and being in the County of Weld
and State of Colorado,to wit: See the attached Exhibit "A"
X m itx mix M x xixItmi i}IwY13tu
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
issues and p:ofits thereof; and all the estate, right,title,interest,claim and demand whatsoever,
of the said party of the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said I,
premises above bargained and described,with the appurtenances, unto
the said part ies of the second part, their
heirs and assigns forever.
And the said
party of the first part, for if self its heirs,executors and
administrators,do es covenant, grant, bargain and agree to and with the said part ies of the
second part,theirheirs and assigns, the above bargained premises in the quiet and peaceable
possession of said parties of the second part,thei8teirs and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said part y of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,The said part y of the first part has hereunto set its
hand and seal the day and year first above written.
WELD COUNTY, COLORADO, a
Signed Sealed and Delivered in the_presence ce of quasi- u icipal corporatmiL]
Weld unty C rk o the Board
B : EAL]
ene R. Bran ner, Chairman
By: laAet/ A , �l r Weld County Board of[SEAL]
STATE OF COLORADO, Depth Clerk County Commissioners
ss.
County of Weld
The foregoing instrument was acknowledged before methis .n—`( day of Cke--lGia r
19 GO ,by Gene R. Brantner, Chairman of the Weld CountyBoard of
County Commissioners , on behalf of Weld County, Colorado,q p
aquasi-
Mycommissionexpires Swat �Gr 1 ,19 93 .wit ssmyhiTinaUo'1tRfi seals ration
—T Notary Public.
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Nn 1a RPC rI Al.WARRANTY DEED.—Bradford Publishlnt Co..192J-16 Stout Street,Uenver.Cclnndo 1573-5611W:77
EXHIBIT "A"
That part of the North Half ( 4 ) of the Southeast Quarter (SE} ) of
Section 12 , Township 5 North, Range 65 West of the 6th P .M. , Weld
County, Colorado , lying north of the following described
right-of-way:
That part of the North Half (N} ) of the Southeast Quarter (SE} ) of
Section 12 , Township 5 North, Range 65 West of the 6th P.M. , being
a strip of land fifty feet (50 ' ) in width, twenty-five feet (25 ' )
on each side of the center line described as follows:
Commencing at a point 200 . 5 feet South of the center of said
Section; thence South 85°2 ' East, 179 feet; thence North 72°49 '
East, 287 feet; thence North 83°56 ' East, 501 feet; thence North
89°38 ' East, 228 feet; thence North 76°23 ' Fast, 87 feet;
containing approximately 2 . 528 acres , more or less.
neCC39
VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
September 26 , 1990
1. The undersigned hereby acknowledges having received from
the sum of , 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:
That part of the North Half (N 1/2) of the Southeast Quarter (SE
1/4) of Section 12, Township 5 North, Range 65 West of the 6th
P.M. , Weld County, Colorado, lying north of the following described
right-of-way:
That part of the North Half (N 1/2) of the Southeast Quarter (SE
1/4) of Section 12 , Township 5 North, Range 65 West of the 6th
P.M. , being a strip of land fifty feet (50' ) in width, twenty-five
feet (25' ) on each side of the center line described as follows :
Commencing at a point 200.5 feet South of the center of said
Section; thence South 85 degrees 2' East, 179 feet; thence North
72 degrees 49' East, 287 feet; thence North 83 degrees 56' East,
501 feet; thence North 89 degrees 38' East, 228 feet; thence North
76 degrees 23' East, 87 feet; containing approximately 2 . 528 acres,
more or less.
together with all easements and right-of-way appurtenant thereto, hereinafter
called the property. q / /
2. The undersigned person(s) (,),(LAT, r f Lo /�q- 61oe_ersk,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.
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3. The purchase price shall be U.S. 1 .Z30 , payable as follows :
33`.° 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.
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.
,�C y:'..-9.11
(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:
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COZY, COLORADO
n �..
Weld County Clerk to 'the Board BY: �FY Cti ll�Otat 1Lpt)
Chairman
915 10th Street
BY; 1,,Ltt/ O( i htQtOL) Greeley, CO 80631
Deputy Clerk to the Board
(The following section to be completed by purchaser)
15. Purchaser accepts the above proposal this ( day of
, A.A. , 1990.
PURCHASER:
6 . La p/LUCA JA_
`(Address)
liyff 674.4 s if Kg&%I' l�
SUBSCRIBED AND SWORN to before me this /net day of SQ
1990.
WITNESS my hand and official seal.
(Notary Public)
My commission expires: 7., -47
9t'0<.,;dry
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