HomeMy WebLinkAbout951041.tiffVACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
April 14 1995
1. The undersigned hereby acknowledges having received from
Richert & Carol Quinn the sum of $37.77 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:
Approximately 3.77 acres known as Tract A in Westridge
Subdivision, Fifth Filing, in Section 16, Township 5 North, Range
66 West of the 6th P.M., County of Weld, State of Colorado
Transfer of property from Weld County will contain a deed
restriction that requires that the property continue to be used
as open space and that its use as a wildlife refuge not be
altered.
together with all easements and right-of-way appurtenant thereto, hereinafter called the
property.
2. The undersigned person(s), Richert & Carol Q„i nn , 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. The purchase price shall be U.S. $377.00 payable as follows: $37.77
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 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
rasa free l limprovemorot
signatureandclear hereonofal, whetheriensfor special assessed n; free
entsinstalled and clearas ofof allthe liensdate andof
encumbrances, and except the recorded and/or apparent easements and subject to
building and zoning regulations.
951041
PRcOl a.
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.
(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 April 26, 1995, 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:
ATTEST: / l
,/ /I BOARD OF COUNTY COMMISSIONERS
�I .�
If
Weld County Clerk to the Board BY..
Deputy Clerk to the Board
Chairman
915 10th Street
Greeley, CO 80631
(The following section to be
completed by purchaser)
15. Purchaser accepts the above proposal this � day of Ne c�A.D., 1994.
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PURCHASER:
(D S 2q 711 5A,(r
(Address) gettaftioi 1 CD(o So -
SUBSCRIBED AND SWORN to before me this icl day of1994.1994.
WITNESS my hand and official seal.
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(Notary Public)
toc
My commission expires: Z-7 9ccis
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SPECIAL WARRANTY DEED
THIS DEED is made this its? d y of , 1995, between the County of Weld, a political
subdivision of the State of Colorado, whose address is 91'5 Tenth Street, Greeley,Colorado, Grantor, and Richert Quinn
and Carol Quinn, whose address is 3527 Rangeview, Greeley, Colorado 80634-3421, Grantees.
WITNESSETH, that the Grantor, for and in consideration of Three Hundred Seventy -Seven Dollars ($377.00),
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 Grantees, their 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:
Approximately 3.77 acres known as Tract A in Wdstridge Subdivision, Fifth Filing, in Section 16,
Township 5 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado.
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 Grantees, their heirs and assigns forever, upon the express condition that the property continue to be used as open
space and that its use as a wildlife refuge not be altered. In the event of breach of this condition, the Grantor, its
successors and assigns, may enter and terminate the estate conveyed. The Grantor, for itself, its heirs and personal
representatives or successors, does covenant and agree that its heirs and assigns, against all and every person or persons
claiming the whole y part thereof, by, through or under the Grantor.
WITN )COF, the Grantor has executed this deed on the date set forth above.
ATTEST:
Clerk to the Board is, \
BY: � 1cc .7/77
h c�
Deputy Clerk fd the Board
STATE,c,1F,C(1ORADO )
) ss.
COUNTY OF WELD, A POLITICAL SUBDIVISION
OF THE STATE OF COLORADO.
BY:
Dale K. Hall, Chairman
Board of County Commissioners of the County of
Weld, State of Colorado
%Cit. /Q f�f
tlg tturftrument was acknowledged before me this L — day of
ailOiut, Board of County Commissioners of the County of Weld, State of Cott. -
and and official seal.
My Commission expires
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Weld County CO Clerk & Recorder
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fereoy certify that tht within instrument is strike
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Witness my ....nd and official seal this
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--'7'!e d. County Clerk and Rrcorrt er
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