HomeMy WebLinkAbout950633.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY 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 Property between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County and R.M. Hiner Construction Company, Inc., 11 Austin Road,
Lamar, Colorado 81052, with 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 Property between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County
and R.M. Hiner Construction Company, Inc. 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 by
the following vote on the 3rd day of April, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
BY. 7 ,mod-/��C
Deputy Clerk to the Board
APP VED AS TO FORM:
ty Attorney
et: en)/JCL'; fftner
/eorge. Baxter
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
arb a J. Kirkmeyer, ro-Tem
,Zl
Constance L. Harbe
W. H. Webster
950633
PR0012
AK24341j9
AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY
THIS AGREEMENT is made and entered into this - day of March, 1995 by and between
R. M. Hiner Construction Company, Inc., whose address is 11 Austin Road, Lamar, Colorado 81052,
hereinafter referred to as "Hiner," and County of Weld, Colorado, by and through the Board of
County Commissioners, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as "County."
WFINESSETH:
WHEREAS, County wishes to purchase from Hiner real property which is more particularly
described in the attached Exhibit "A", hereinafter being referred to as "Property" for the purpose of
locating a storm water detention pond thereonh, and
WHEREAS, Hiner now wishes to sell to County Property for the consideration mentioned
below.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. County shall pay the sum of $6,500 to Hiner to purchase Property. Hiner shall
furnish to County a general warranty deed conveying Property. Title insurance shall
be acquired and paid for by County.
2. The date of the payment by County and the delivery of the deed shall be agreed upon
by the parties. Possession of Property shall be delivered to County upon closing and
shall not be subject to any leases or tenancies.
3. Upon the date of closing, all taxes upon Property for tax years prior to 1995 shall be
paid by Hiner. General taxes for the year 1995 shall be apportioned to the date of
delivery of the deed based upon the most recent levy and the most recent
assessments.
4. This Agreement embodies all agreements between the parties relative to the sale and
purchase of Property and there are no promises, terms, conditions, or obligations
referring to the subject matter whereof other than is contained herein.
5. This Agreement shall be deemed a contract extending to and binding upon the parties
hereto, and upon their representative heirs, devises, executors, administrators, legal
representatives, successors, and assigns.
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Weld County CO Clerk & Recorder
0.00 95('633
I Si -
IN WITNESS WHEREOF, the parties hereto have subscribed their names this day of
March, 1995.
ATTEST:
O:s
k3Yr tlunn l.1lU BY: - r
Rex Hine; President
orporate Secretary
ATTEST: ,
CLERK TO THE BOARD
BY:
Deputy Clerk t.; he : .ard
M:\ W PFILES\AGREE\HINER.GJB
R. M. HINER CONSTRUCTION
COMPANY, INC.
COUNTY OF WELD, COLORADO, BY
AND THROUGH THE BOARD OF
COUNTY COMMISSIONERS
BY:
Dale K. Hall, ar an
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950633
4R2470aa8
WARRANTY DEED
ti -
THIS DEED is made this l4 day of- , 1995, between R.M. Hiner Construction
Company, Inc., a Colorado corporation, whose address is 11 Austin Road, Lamar, Colorado 81052, and the County of
Weld, a political subdivision of the State of Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80631,
Grantee.
WITNESSETH, that the Grantor, for and in consideration of Six Thousand Five Hundred Dollars ($6,500.00),
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm, unto -the Grantee, its 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, and
being described as follows:
The real property shown and described in the attached Exhibit "A".
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, 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 premises above bargained and described with the appurtenances, unto
the Grantee, its heirs and assigns forever. And the Grantor, for itself, its heirs and personal representatives, does
covenant, grant, bargain and agree to and with the Grantee, its heirs and assigns, that at the time of the ensealing and
delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and authority to grant, bargain,
sell and convey the same in the manner and form as aforesaid, and that the same are free and clear from all former and
other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever,
except:
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet
and peaceable possession of the Grantee, its heirs and assigns, against all and every person or persons lawfully claiming
the whole or any part thereof
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
ATTEST
st
kierco
9S
•
t4%
Von et
'�Fiiner, Corporate Secretary
e eal]
STATE OF COLORADO
COUNTY OF WELD
) ss.
R. M. HINER CONSTRUCTION COMPANY, INC.,
a Colorado corporation
BY:
77%
Reiner, President
The foregoing instrumentwasacknowledged before me this /V day of J' _4. ex/rK./ce t-' , 1911C
by Rex Hiner, President, R.M. Hiner Construction Company, Inc., a Colorado corporation.
Witness my hand and official seal.
y,:Commission eicpir
DIANE K.
BECKMAN
My Comm. Expires Oct. ?,1996
tieiN
Notary Public
, 1996-
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Weld County CO Clerk & Recorder 0.00
EXHIBIT "A"
All of the real estate, appurtenances, and any improvements located thereon of Lot A of
Recorded Exemption Number 1807, recorded on December 20, 1995, in the Office of the Weld
County Clerk and Recorder at Book 1523, Reception Number 2468464.
2470848 B-1526 P-254 01/08/96 01:47P PG 2 OF 2
PROPERTY TAX SETTLEMENT AGREEMENT
This Property Tax Settlement Agreement is made this 14th day of December, 1995, by
and between R.M. Hiner Construction Company, Inc., a Colorado Corporation whose address is
11 Austin Road, Lamar, Colorado 81052, hereinafter referred to as "Hiner," and the County of
Weld, a political subdivision of the State of Colorado, whose address is 915 Tenth Street,
Greeley, Colorado 80631, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County has contracted to purchase the property which is described in the
attached Exhibit "A" from Hiner and in return pay Hiner the sum of $6,500 as consideration
therefore, and
WHEREAS, said property is described in the office of the Weld County Assessor as Pin
Number 0361394, Parcel Number 62080331200007, and
WHEREAS, said property had property taxes for the year 1994 being $16.28, all of
which was paid by Hiner when it came due on January 1, 1995, and
WHEREAS, pursuant to the Agreement to purchase said property, Hiner has agreed to
pay the applicable property taxes on said property for the year 1995 pro -rated to and until the
date of closing, which is currently set for December 14, 1995.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. That the property taxes pro -rated to December 14, 1995, for the property
described in the attached Exhibit "A" are calculated to be $15.52.
2. That in consideration of Hiner's assistance and cooperation in accommodating the
closing on the property, County shall pay the property taxes for 1995 as stated in
paragraph 1 herein and the parties hereto shall and do agree that the requirement
of the payment of property taxes as set forth in the agreement for sale and
purchase of the property described in Exhibit "A" is satisfied.
Page 1 of 2 Pages
4-1
SIGNED this 14day of December, 1995.
ATTEST: R.M. HINER CONSTRUCTION
COMPANY, INC.
BY: ylikkO v G_ NU -v.
Sharon A. Hiner, Corporate Secretary
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF
COLO
BY:
B ce T. arke
eld County Attorney
M:\AGREE\REXHINER.DB
BY: 4772 Wu�
Rex H ner, President
Page 2 of 2 Pages
EXHIBIT "A"
All of the real estate, appurtenances, and any improvements located thereon of Lot A of
Recorded Exemption Number 1807, recorded on December 20, 1995, in the Office of the Weld
County Clerk and Recorder at Book 1523, Reception Number 2468464.
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