HomeMy WebLinkAbout20232245.tiffRESOLUTION
RE: APPROVE DECLARE CERTAIN PROPERTY AS SURPLUS, APPROVE PURCHASE
AND SALE AGREEMENT AND QUIT CLAIM DEED FOR DURAN PROPERTY
SECTION OF POUDRE RIVER TRAIL, AND AUTHORIZE CHAIR TO SIGN ANY
NECESSARY DOCUMENTS - CITY OF GREELEY
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 a Purchase and Sale Agreement, and
Quit Claim Deed for the Duran Property Section of the Poudre River Trail between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and the City of Greeley, commencing upon full execution of signatures, with further terms and
conditions being as stated in said agreement and deed, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
deed, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Purchase and Sale Agreement, and Quit Claim Deed for the
Duran Property Section of the Poudre River Trail between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and the City of Greeley, be,
and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and deed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,/co � XL;4.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boa
APPROVED AS TO FOR
AS•t.County Attorney
Date of signature: O95/Io/L3
Cc*.CA(38/MG), ACT(cP/cD)
o8/II /23
1'i1,14 3c.
Mman, Chair
Mik
erry �. Buc, Pro-Tem
Scott K. James
Kevin D. Ross
Lori Saine
2023-2245
PR0038
DocuSign Envelope ID: DA7120BD-8A30-4928-A892-30901ACF5D28
REAL ESTATE PURCHASE AND SALE AGREEMENT FOR DURAN PROPERTY
SECTION OF THE POUDRE RIVER TRAIL
The CITY OF GREELEY, a Colorado home rule municipality, whose address is 1000
10th Street, Greeley, Colorado 80631 ("Buyer") agrees to buy, and the COUNTY OF WELD, a
political subdivision of the State of Colorado, by and through the Board of County
Commissioners of the County of Weld, whose address is 1150 O Street, P.O. Box 758, Greeley,
Colorado 80632 ("Seller") agrees to sell the real property described below (the "Property") for
the City of Greeley to continue to use as part of the Poudre River Trail.
1. Description. The Property is described as follows:
Tax Parcel Information: Weld County Assessor Parcel# 080533300062
Legal Description: PT SE4NW4/NE4SW4 33-6-66 PT LOT B REC EXEMPT RE -509
BEING A STRIP OF LAND 30' IN WIDTH BEING A PART OF THE SE4NW4 & A
PART OF THE NE4SW4 33-6-66 CONVEYED TO WELD COUNTY IN REC# 3291206
2. Purchase Price and Terms. The purchase price is $10.00 which shall be paid in cash at
the closing.
3. Closing Agent. No closing agent shall be required.
4. Earnest Money. No deposit of earnest money shall be required.
5. Closing. The transaction shall be closed at a time and place determined by agreement of
Buyer and Seller. Because the Property is currently owned by Seller who is a tax-exempt
political subdivision of the State of Colorado, no property taxes are due on the Property.
6. Closing Costs. Seller and Buyer shall pay their own closing costs, if any.
7. Title Insurance. Title insurance is not required.
8. Financial Contingency. There are no financial contingencies associated with this
purchase and sale of Property.
9. Quit Claim Deed. At the time of closing, Seller shall convey the Property to Buyer by
quit claim deed.
10. Inspection. Buyer has inspected the Property and accepts it in its present condition.
11. Binding Effect of this Agreement. This Agreement shall be for the benefit of, and be
binding upon, the parties, their heirs, successors, legal representatives, and assigns. It
constitutes the entire agreement between the parties. No modification of this Agreement
shall be binding unless signed by both Buyer and Seller.
12. Governing Law. This Agreement shall be interpreted in accordance with the laws of
Colorado.
13. Cooperation. Buyer and Seller agree to take promptly all actions reasonably necessary to
carry out the responsibilities and obligations of this Agreement.
14. Risk of Loss. The risk of casualty loss or damage to the Property shall be borne by the
Seller until transfer of title. If a casualty loss prior to closing exceeds 10% of the
purchase price, either Seller or Buyer may elect to terminate this Agreement.
15. Effective Date. This Agreement shall take effect on the later of the dates below.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the date set forth below:
1
DocuSign Envelope ID: DA7120BD-8A30-4928-A892-30901ACF5D28
Seller:
ATTEST:
CLERK TO THE BOARD OF
CO 1COMMISSIO ERS
BY. BY:
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO
Buyer:
ATTEST:
E-DocuSigned by:
Gu7 .tn&iool
,.....D2EDGCC4C5CD44C_.
City Clerk
BY:
2
Mike Freeman, Chair
Board of County Commissioners of the
County of Weld
Date: AUG 0 2 2023
CTTY OF GREELEY, A COLORADO
HOME RULE MUNICIPALITY
t-DocuSigned by:
BY: .
John Gates, Mayor
Date: 8/4/2023
.20�3 - Q2a156)
Following recordation, return to:
City Clerk
City of Greeley
1000 10th Street
Greeley, CO 80631
NO DOCUMENTARY FEE REQUIRED PER C.R.S. § 39-13-104(1)(a)
QUIT CLAIM DEED
THIS DEED is made this pA41nday of , 2023, from the County of Weld, a
political subdivision of the State of Colorado, by through the Board of County
Commissioners of the County of Weld, whose address is 1150 O Street, P.O. Box 758, Greeley,
Colorado 80632, party of the first part, and the City of Greeley, a Colorado home rule
municipality, whose address is 1000 10th Street, Greeley, Colorado 80631, party of the second
part.
WITNESSETH, that the party of the first part, for and in consideration of the sum of
Ten Dollars and no/D0's ($10.00), and other full and valuable consideration, to the said party of
the first part in hand paid by the said party of the second part, the receipt whereof is hereby
confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and
by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the
second part, its successors and assigns, forever, all the right, title, interest, claim and demand
which the said party of the first part has in and to the following lots or parcels of land situated,
lying and being in the County of Weld, State of Colorado, to wit:
PT SE4NW4/NE4SW4 33-6-66 PT LOT B REC EXEMPT RE -509 BEING A STRIP OF
LAND 30' IN WIDTH BEING A PART OF THE SE4NW4 & A PART OF THE NE4SW4
33-6-66 CONVEYED TO WELD COUNTY IN REC# 3291206
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the
only proper use, benefit and behoof of the said party of the second part, its successors and assigns
forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
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Carly KopPes, Clerk and Recorder, Weld County11
aGa3-,202z(4-Th,
IN WITNESS WHEREOF, I, Mike Freeman, Chair of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said county and by
virtue of the Orde c ntained in the Resolution made by said Board of County Commissioners on
the 1day of �,, , 23, have hereunto set my hand and affixed the seal of Said
County this , 2023, for the uses and purposes therein set forth.
ATTEST:
doh& Jek.;.k.
CLERK • THE BOA' ►i OF
CO Y •MMISSII ERS
BY: / Al � .. _ L `� 2► �� � Y:
Deputy Serk '. the 0.0
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO
Mike Freeman, Chair
AUG 0 2 2023
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 02,1j0day o 2023
by Mike Freeman, as Chair of the Board of County Commissioners of the County o eld, a
political subdivision of the State of Colorado.
Witness my hand and official seal this
MARIAH N HIGGINS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194029816
MY COMMISSION EXPIRES AUGUST 5, 2023
My commission expires: Avg v S '" OS, 2023
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08/09/2023 11',38 AM R Fee:$0.00 D Fee:$0.00
Carla KoPPes, Clerk and Recorder, Weld County , CO
U«4I VAL NAM W. &i lI it 2
02,9 ‘9. -402.9 46.6-
DECLARE CERTAIN PROPERTY AS SURPLUS, APPROVE PURCHASE AND SALE
AGREEMENT AND QUIT CLAIM DEED FOR DURAN PROPERTY SECTION OF POUDRE
RIVER TRAIL - CITY OF GREELEY
APPROVED AS TO FUNDING:
ow,ig Aoilrfl;
Chief Financial Officer, or Controller
APPROVED AS TO FORM:
County Attorney
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