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HomeMy WebLinkAboutC87-074 buy/sell with Glen and Paula ShookI C-87-74-54 CONTRACT TO BUY AND SELL ZEAL ESTATE (Remedies Include Specific Performance) Mav 14 1987 1. The undersigned County of Eagle, State of Colorado, by and through its Board of County Commissioners, hereinafter called Purchaser, hereby agrees to buy, and the undersigned Owners, hereinafter called Seller, hereby agree to sell, upon the terms and conditions stated herein, the following described real estate situate in the County of Eagle, State of Colorado, to wit: See Exhibit A attached hereto and made a part hereof by this reference together with all easements and rights-of-way appurtenant thereto, and all improvements thereon and all fixtures of a permanent nature currently on the premises except as herein- after provided, in their present condition, ordinary wear and tear excepted, and hereinafter called the Property. 2. The purchase price shall be U.S.$3,000.00, payable as follows: One Dollar ($1.00) upon the signing of this Contract, the receipt of which is hereby acknowledged by Seller; and the balance of $2,999.00 by Eagle County Warrant payable to the undersigned Seller upon execution and delivery of the Deed required by this agreement. The warrant shall be mad payable to the Seller and to Eldon H. Kittle and Jessie E. Kittle, holders of a deed of trust, in order to obtain Kittles' release of the deed of trust at closing. 3. The date of closing shall be the date for delivery of deed as mutually agreed to by all the parties, but in no case later than June 1, 1987. 4. Title shall be merchantable in Seller, except as stated in this paragraph and in Paragraphs 6 and 7. 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, conveying the Property free and clear of all taxes, except the general taxes for the year of closing, and except NONE 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 except NONE except the following restrictive covenants which do not contain a right of reverter: NONE and except the following specific recorded and/or apparent easements: NONE and subject to building and zoning regulations. 5. Except as stated in Paragraphs 5 and 7, 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 Pur- chaser or Purchaser's agent on or before date of closing, the date of closing shall be extended ten days for the purpose of correcting said defect(s). Except as stated in Paragraph 7, if title is not rendered merchantable as provided in this paragraph 6, or if this contract is not executed by Seller within ten (10) days of the date hereof, at Purchaser's option, Purchaser may declare this contract to be null and void and of no effect, in which instance each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 6. 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. 7. General taxes for the year of closing shall be paid by Seller. 8. Possession of the Property shall be delivered to Purchaser on the date of closing as provided in Paragraph 5. The place for the closing shall be determined by the Eagle County Attorney. 9. 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.�;hall be the following remedies: -2- (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 notwithstand- ing, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expense, including attorney's fees. (d) In the event suit is filed to enforce any of the provisions hereunder, the parties hereto agree to jurisdiction and venue in Eagle County, Colorado. 10. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before a date ten days from the date hereof, this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of, and be binding upon, the heirs, successors and assigns of such parties. County Commissioners PURCHASER: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Address for `gvi P.O. Box 850 Eagle, Colorado (303) 328-7311 -3- 81631 (Ext. 515) T) SELLER: _ Glen M. Shook Paula M. Shook Address for giving notices: 1191 Willits Lane Carbondale, Colorado 81623 (303) 927-4341 STATE OF COLORADO ) ss County of The foregoing documents was acknowledged before me this lyt day of May, 1987, by Glen M. Shook and Paula M. Shook. WITNESS my hand and official seal. My commission expires Notary Public -4- Warranty Deed - Shook to County LEGAL DESCRIPTION RIGHT-OF-WAY FOR HOOKS LANE SHOOK PROPERTY A TRACT OF LAND BEING A PORTION OF THAT TRACT OF LAND PREVIOUSLY DESCRIBED IN BOOK 239 AT PAGE 657 IN THE OFFICE OF THE CLERK AND RECORDER, EAGLE COUNTY, COLORADO, AND LOCATED IN TRACT 52, ACCORDING TO THE U.S. GOVERNMENT SURVEY OF 1527, SECTION 11, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT PREVIOUSLY DESCRIBED IN BOOK 239 AT PAGE 657 WHENCE THE WITNESS CORNER, FOR THE SOUTH14EST CORNER (CORNER NO.3) OF SAID TRACT 52, A G.L.O. BRASS CAP, BEARS S23028'00"W 1038.79 FEET DISTANT; THENCE ALONG THE EAST LINE OF SAID TRACT DESCRIBED I14 BOOK 239 AT PAGE 657 FOR THE FOLLOWING TWO (2) COURSES: 1.) S04040'00"E A DISTANCE OF 363.46 FEET; 2.) S03042'00"W A DISTANCE OF 25.10 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE EAST LINE OF SAID TRACT FOR THE FOLLOWING TWO (L) COURSES: 1.) S03042'00"W A DISTANCE OF 56.95 FEET; 2.) S36 Uy 00 W A DISTANCE OF 43.15 FEET TO THE APPROXIMATE HIGH WATER LINE OF THE ROARING FORK RIVER AS OF AUGUST 24, 1961; THE14CE N45011'00"W ALONG SAID APPROXIMATE HIGH WATER LINE A DISTANCE OF 54.72 FEET; THENCE N51"59'21"E A DISTANCE OF 86.23 FEET TO THE POINT OF BEGINNING, CONTAINING 3000 SQUARE FEET OR 0.069 ACRES, MORE R LESS. PREPARED BY: COLORADO P'.1".S-NO. 15 2874/39/46 lO+r CpL PREPARED FOR: EAGLE COUNTY PROJECT NO.: 11151-411 EXHIBIT A