HomeMy WebLinkAbout981724.tiff RESOLUTION
RE: DECLARE CERTAIN VACANT LAND AS SURPLUS PROPERTY, AND AUTHORIZE
SALE OF SAME -CLAYTON STANLEY AND VICTOR STANLEY
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 vacant land located in Galeton,
being more fully described in the Vacant Land Contract to Buy and Sell Real Estate, attached
hereto and incorporated herein by reference, is no longer required for County use, and
WHEREAS, the Board, in its regular meeting held on September 16, 1998, opened bid
documents for the sale of said land and awarded the bid to Clayton and Victor Stanley, 701, 7th
Street, Greeley, Colorado 80631, in accordance with the terms and conditions listed is the above
mentioned contract, for the consideration of$7,000, and
WHEREAS, the Board deems it advisable to declare said vacant land as surplus and
approve said contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the abovementioned vacant land be, and hereby is, declared surplus.
BE IT FURTHER RESOLVED by the Board that the Contract from Clayton and Victor
Stanley in the amount of$7,000, be, and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST: % � ,e
Constance L. Har ert, Chair
Weld County Clerk tv the?�.�V` v , k /1 LthA"V
CC�� W. H. bster, ro-Tem
BY: G
Deputy Clerk tot -`'�•= ,
orge . Baxte
AP A O FORM:
Daley K. Hall
rney
AA
(Barbara J. Kirkmeyer r/
981724
PROD 65
VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance) 1 �'
f i c 11 o r t -(".i h
1. The undersigned hereby acknowledges having received from ('/a yTo . C Ste1s 1-W
the sum of 700 , 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:
9714-A A PARCEL OF LAND IN NW4NW4 5 6 64 AND IN NE4NE4 6 6
64 GALETON COMM NE COR SEC 6 THENCE S472.38'TO TRUE POB
THENCE E53' S285' W96.35' NOD55' E 285.04' THENCE E38.76' TO
TRUE POB %35921 WCR 51%.
together with all easements and right-of-way appurtenant thereto, hereinafter called
the property. Vi tic)
o - ,E 41:14 y
2. The undersigned person(s), a Y oa G' S ^a �, v hereinafter called Purchaser,
hereby agrees to buy the Property, nd the Board of Cou ty Commissioners of Weld County,
hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions
stated herein.
OO
3. The purchase price shall be U.S. /O00°' , payable as follows: ?60 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 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.
981724
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:
/ r
OARD OF COUNTY COMMISSIONERS
•
WELD COUNTY, COLORADO
`U u Cler �t a Board BY:��> ����
r �.7 Chairman
t. a, (01. 915 10th Street
-
� ;`�d i Greeley, CO 80631
tl- ( puty Clerk to the Board
•
(The following section to be
completed by purchaser)
15. Purchaser accepts the above proposal this /L/- day of , 1998.
PURCHASER:
(Si tune)
toy 7- S7
(Address)
Pier «% ( 6-3/
SUBSCRIBED AND SWORN to before me this "ay of , 1998.
WITNESS my hand and official seal.
(Notary Public)
My commission expires:
My Commission Expires 11/28198
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NOTICE TO BIDDERS
RE: 9714-A A PARCEL OF LAND IN NW4NW4 5 6 64 AND IN NE4NE4 6 6 64
GALETON COMM NE COR SEC 6 THENCE S472.38' TO TRUE POB THENCE E53'
S285' W96.35' NOD55' E 285.04' THENCE E38.76' TO TRUE POB
%35921 WCR 51%.
Property is vacant land only located in Galeton, Colorado (Former elevator site).
Inspection of the property can be made at anytime. Any additional information pertaining to the
property and bid instructions may be obtained from the Weld County Purchasing Department,
915 10th Street, Greeley, Colorado, telephone number(970) 356-4000 ext. #4222 OR#4223.
Sealed bids will be received in the Office of the Purchasing Director, Second Floor, Weld
County Centennial Center, 915 10th Street, Greeley, Colorado, until 8:30 a.m. on Wednesday
September16, 1998, for the property described above.
The bids will be opened and read aloud during the regularly scheduled Weld County
Commissioner's Public Board Meeting held in the assembly room on the first floor of the
Centennial Building, 915 10th Street, Greeley, Colorado on Wednesday, September 16th, 1998.
The exact time of the reading will not be specified; however, the Weld County Board Meeting
begins at 9:00 a.m., and bids will be listed on the agenda. After the bids are read an auction will
be held and only the persons having submitted the two highest sealed bids and anyone within
10% of the highest sealed bid will participate in the auction.
It is understood that the Board of Weld County Commissioners reserves the right to reject any or
all bids, to waive any informalities in bids, and to accept the bid that, in the opinion of the Board,
is to the best interests of the Board and of the County of Weld, State of Colorado.
WELD COUNTY, COLORADO
BY:
Pat Persichino
Director of General Services
Dated: August 19, 1998
Published: Platteville Herald
August 26, 1998
"SPECIAL WARRANTY DEED
THIS DEED, Made this 21st day of September, 1998,between the County of Weld, a body politic
and corporate of the State of Colorado, by and through the Board of County Commissioners of the
County of Weld, grantor, and whose legal address is 915 10th Street, Greeley, Colorado 80631, and
Victor E. Stanley and Clayton C. Stanley, as tenants-in-common, grantees:
WITNESSETH, That the grantor, for and in consideration of the sum of seven thousand
DOLLARS ($7,000.00),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,
in any. statute, lying and being in the County of Weld. State of Colorado. to wit:
The real property described and shown 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 grantees,their heirs and assigns forever. The grantor for itself, 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 grantees,their heirs and assigns, against all and every person or persons claiming the whole or
any part thereof, by,through or under the grantor.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
COUNTY OF WELD, a body corporate and
politic of the STATE OF COLORADO, by
and through the BOARD OF COUNTY
E f/ �J COMMISSIONERS OF THE COUNTY OF
ATTEST: arise '�I�/'� �;' WELD
N.
rlac i ����_t.0
. 4
Ills►��
�!i!1 . ' �l9G''` .fir -'�QJ
Deputy Clerk to th-,,F I-� Constance L. Harbert, Chair
STATE OF COLO
County of Weld )ss.
)
The forgoing instrument was acknowledged before me this 21st day of September, 1998,by
Constance L.Harbert,Chair,Board of County Commissioners of the County of Weld,for the County
of Weld, a body corporate and politic of the State of Colorado. ,., - _
Wi i kitt1iy 'ati&91cial seal.
C0MSt0. i_hA .
•My commission expires g MY mumMIS i0, l`3sg `y^,', r
y t F is .
Name andAddress of Person Creating Newly ����
Created Legal Description(8 38-35-106.5,C.RS.)
N/A
M:\WPFILES\DEEDS\STANSWD.WPD 1
111111 1111 111111 111111 IIII 111111 1111 III 11111 11111
. 2642362 09/24/1998 09:13A Wald County CO
1 of 2 R 0.00 D 0:00 JA Suitt Tsukamoto
EXHIBIT "A"
A parcel of land located in the Northwest Quarter of the Northwest Quarter(NW4NW4)
of Section 5, Township 6 North. Range 64 West of the 6th P.M., and in the Northeast Quarter of
the Northeast Quarter (NE4NE41 of Section 6, Township 6 North. Range 64 West of the 6th
P.M., Weld County, Colorado. being more particularly described as follows: Commencing at the
Northeast Corner of said Section 6-6-64, thence south 472.38 feet to the TRUE POINT OF
BEGINNING, thence east 53 feet, thence south 285 feet, thence west 96.35 feet, thence north 0°
55' east 285.04 feet, thence east 38.76 feet to the TRUE POINT OF BEGINNING.
111111111111111111111111111111111 IBM 111111 B
2642362 09/24/1998 09:138 Weld County CO
2 of 2 R 0.00 D 0.00 JR Sukl Tsukamoto
STATEMENT OF SETTLEMENT
SELLER'S ❑ PURCHASER'S
PROPERTY ADDRESS: N/A
SELLER: The County of Weld,a political subdivision of PURCHASER: Victor E. Stanley and Clayton C. Stanley
the State of Colorado as tenants-in-common
SETTLEMENT DATE: September 21, 1998 DATE OF PRORATION:N/A
LEGAL DESCRIPTION: See the attached Exhibit"A."
Debit Credit
1. Selling Price $7,000.00
2. Deposit,paid to Seller $700.00
3. Trust Deed,payable to
4. Trust Dee,payable to
5. Trust Deed,payoff to
6. Interest on Loan Assumed
7. Title Ins. Premium
8. Abstracting: Before Sale
9. After Sale
10. Title Exam.by:
11. Recording: Warranty Deed
12. Trust Deed
13. Release
14. Other
15. Documentary Fee •
16. Certificate of Taxes Due
17. Taxes for Preceding Year(s)
18. Taxes for Current Year
19. Tax Reserve
20. Special Taxes
21. Personal Property Taxes
22. Hazard Ins. Prem.Assumed--Policy No. Co.
$ Yr. Term Expires
Premium$ Days Unused at 0 per day
23. Premium for New Insurance
24. Hazard Ins. Reserve
25. FHA Mortgage Ins.Assumed
26. FHA Mortgage Ins. Reserve
27. Loan Service Fee(Buyer)
28. Loan Discount Fee(Seller)
29. Interest on New Loan
30. Survey and/or Credit Report
31. Appraisal Fee
32. Water and/or Sewer
33. Rents
34. Security Deposits
35. Loan Transfer Fee
36. Loan Payment Due
37. Broker's Fee
Sub-totals $7,000.00 $700.00
Balance due to Seller $6,300.00
TOTALS $7,000.00 $7,000.00
The above figures do not include sales or use taxes on personal property.
+'C -/camAPPROVED and ACCEPTED
Purchaser GCc� ���� 1 Seller
Victor E. Stanley
Purchaser Seller
a on C. Stanley
M:\WPFILES\DEED \SETSTANP.WPD
EXHIBIT "A"
A parcel of land located in the Northwest Quarter of the Northwest Quarter(NW4NW4)
of Section 5, Township 6 North, Range 64 West of the 6th P.M., and in the Northeast Quarter of
the Northeast Quarter (NE4NE4) of Section 6, Township 6 North, Range 64 West of the 6th
P.M., Weld County, Colorado, being more particularly described as follows: Commencing at the
Northeast Corner of said Section 6-6-64, thence south 472.38 feet to the TRUE POINT OF
BEGINNING, thence east 53 feet,thence south 285 feet, thence west 96.35 feet, thence north 0°
55' east 285.04 feet, thence east 38.76 feet to the TRUE POINT OF BEGINNING.
STATEMENT OF SETTLEMENT
SELLER'S ® PURCHASER'S ❑
PROPERTY ADDRESS: N/A
SELLER: The County of Weld,a political subdivision of PURCHASER: Victor E. Stanley and Clayton C. Stanley
the State of Colorado as tenants-in-common
SETTLEMENT DATE: September 21, 1998 DATE OF PRORATION: N/A
LEGAL DESCRIPTION: See the attached Exhibit"A."
Debit Credit
I. Selling Price $7,000.00
2. Deposit, paid to Seller $700.00
3. Trust Deed,payable to
4. Trust Dee,payable to
5. Trust Deed,payoff to
6. Interest on Loan Assumed
7. Title Ins. Premium
8. Abstracting: Before Sale
9. After Sale
10. Title Exam. by:
11. Recording: Warranty Deed
12. Trust Deed
13. Release
14. Other
15. Documentary Fee
16. Certificate of Taxes Due
17. Taxes for Preceding Year(s)
18. Taxes for Current Year
19. Tax Reserve
20. Special Taxes
21. Personal Property Taxes
22. Hazard Ins. Prem. Assumed--Policy No. Co.
$ Yr. Term Expires
Premium $ Days Unused at 0 per day
23. Premium for New Insurance
24. Hazard Ins. Reserve
25. FHA Mortgage Ins. Assumed
26. FHA Mortgage Ins. Reserve
27. Loan Service Fee(Buyer)
28. Loan Discount Fee(Seller)
29. Interest on New Loan
30. Survey and/or Credit Report
31. Appraisal Fee
32. Water and/or Sewer
33. Rents
34. Security Deposits
35. Loan Transfer Fee
36. Loan Payment Due
37. Broker's Fee
Sub-totals $700.00 $700.00
Balance due from Buyer $6,300.00
TOTALS $7,000.00 $7,000.00
The above figures do not include sales or use taxes on personal property.
APPROVED and ACCEPTED
Purchaser Seller: THE C TY OF WELD, STAT OF COLORADO
Purchaser B /
Constance L. Harbert, Chair
Board of County Commissioners
of the County of Weld, State of Colorado
M:\W PFILES\DEEDS\SETSTANS.WPD
EXHIBIT "A"
A parcel of land located in the Northwest Quarter of the Northwest Quarter(NW4NW4)
of Section 5, Township 6 North, Range 64 West of the 6th P.M., and in the Northeast Quarter of
the Northeast Quarter (NE4NE4) of Section 6, Township 6 North, Range 64 West of the 6th
P.M., Weld County, Colorado, being more particularly described as follows: Commencing at the
Northeast Corner of said Section 6-6-64, thence south 472.38 feet to the TRUE POINT OF
BEGINNING, thence east 53 feet, thence south 285 feet, thence west 96.35 feet, thence north 0°
55' east 285.04 feet, thence east 38.76 feet to the TRUE POINT OF BEGINNING.
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