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HomeMy WebLinkAboutC87-082 buy/sell with Gene and Betty GreggC-87-82-54 CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) AGREEMENT OF GIFT AND ACCEPTANCE MAY 21 1987 THIS AGREEMENT made and entered into by and between THE COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS (hereinafter "the County"), and GENE E. GREGG and BETTY L. GREGG (hereinafter collectively referred to as "Greggs"). W I T N E S S E T H: WHEREAS, subject to the provisions hereinafter set forth and in consideration of the mutual covenants and promises herein contained, the County desires to obtain and Greggs are willing to convey to the County the following described real property situate in the County of Eagle, State of Colorado, to wit: A parcel of land being a portion of Lot 7, Los Pinones Estates Subdivision, Eagle County, Colorado. All bearings are relative to a bearing of S. 88126142" E. from a brass cap marked as a witness corner to the South Quarter Corner of Section 27, Township 7 South, Range 87 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Independent Resurvey of said township and range as approved by the U.S. Surveyor General in Denver, Colorado, on November 15, 1930, to a brass cap marked as the Southeast Corner of said Section 27. Said parcel being more specifically described as follows: Beginning at an angle point on the Southerly boundary of Lot 7 from which the Southwesterly corner of Lot 7 and the Southeasterly corner of Lot 8 bears N. 78°06159" W. 75.74 feet distant; thence S. 78006159" E. 241.66 feet to a point on a line common to Lots 6 and 7, thence along said common line S. 16023159" E. 51.56 feet; thence departing said common line S. 43000143" W. 60.82 feet to a point of tangency on the Southerly boundary of Lot 7, thence along the Southerly boundary of Lot 7 the following two courses and distances: 1. N. 63052159" W. 63.79 feet. 2. NJ 52047129" W. 191.19 feet to the point of beginning. Said parcel contains 14,300 square feet more or less; Hereinafter referred to as "Parcel A." AND WHEREAS, the Greggs are willing to donate to the County the real property described in Exhibit B and an ease- ment as described in Exhibit C. NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties hereto agree as follows: 1. The County agrees to buy and the Greggs agree to sell Parcel A upon the terms and conditions stated herein. 2. The purchase price shall be Seven Thousand and No/100 Dollars (U.S. $7,000.00); payable as follows: An Eagle County Warrant for the full amount shall be mailed to Greggs by certified mail to the address below upon delivery of a fully -executed deed in the form attached hereto. 3. The County shall cause this Contract/Agreement to be mailed to the Greggs upon its execution by the County, along with three deeds in the form attached hereto as Exhibits A, B and C. Greggs agree to execute said deeds immediately upon receipt and to transmit the same to the County together with a fully -executed copy of this Contract/ Agreement by certified mail, postage prepaid, return receipt requested. The County agrees to mail within one business day, via certified mail, postage prepaid, return receipt requested, an Eagle County warrant in the amount of $7,000.00 upon receipt of all three fully -executed original deeds and a fully -executed original of this Contract/Agreement. 4. The description of Parcel B is as follows: A parcel of land being a portion of Lot 7, Los Pinones Estates Subdivision, Eagle County, Colorado. All bearings are relative to a bearing of South 88°26'42" East from a brass cap marked as a witness corner to the South Quarter Corner of Section 27, Township 7 South, Range 87 West of the Sixth Principal Meridian, Eagle' County, Colorado, according to the Independent Resurvey of said Township and Range as approved by the U.S. Surveyor General in Denver, Colorado, on November 15, 1930, to a brass cap marked as the Southeast corner of said Section 27. Said parcel being more specifically described as follows: Beginning at a point on the northwesterly right of way of Eagle County Road No. 5-13, also being the southeasterly corner of said Lot 7; thence 56.47 feet along the arc of a curve to the right having a radius of 43.46 feet, and a central angle of 7402614811, the chord of which bears South 7805.31`39" West, 52.58 feet; thence North 43000143" East, 60.82 feet to a point common to Lots 6 and 7 of said subdivision; -2- thence South 16023'59" East, 35.80 feet along the line common to said Lots 6 and 7 to the point of beginning. Said parcel contains 0.028 acres, more or less. 5. The description of Parcel C is as follows: A perpetual, non-exclusive easement for the purpose of grading, regrading or altering the cut slope of adjacent roadways maintained by Eagle County, including the perpetual right of ingress and egress over said easement by all appro- priate means, situated in a portion of Lot 7, Los Pinones Estates Subdivision, Eagle County, Colorado. All bearings are relative to a bearing of S. 88026142" E. from a brass cap marked as a witness corner to the South Quarter Corner of Section 27, Township 7 South, Range 87 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Independent Resurvey of said township and range as approved by the U.S. Surveyor General in Denver, Colorado, on November 15, 1930, to a brass camp marked as the Southeast Corner of said Section 27. Said easement being more specifically described as follows: Beginning at the Southwest corner of Lot 7 and the Southeast corner of Lot 8, thence S. 870361114" E. 211.09 feet, thence S. 73023159" E. 95.00 feet to a point on a line common to Lots 6 and 7, thence along said common line S. 16023159" E. 30.64 feet, thence departing said common line N. 78106159" W. 241.66 feet to an angle point on the Southerly boundary of Lot 7, thence along the Southerly boundary of Lot 7 N. 78°06159" W. 75.74 feet to the point of beginning. Said parcel contains 6,742 square feet more or less. 6. The Greggs agree to donate and the County agrees to accept the parcels described on Exhibits B and C attached to this Contract/Agreement. 7. It is understood by the parties that the conveyances of Parcels A, B and C, shall be made as follows: (a) Parcel B shall be conveyed pursuant to quit claim deed by the Greggs to the County, and is a gift. (b) Parcel C shall be conveyed pursuant to quit claim deed and shall constitute an easement granted from the Greggs to the County; it is also a gift. (c) With respect to Parcel A, title shall be merchantable in the Greggs, except as stated in this paragraph and in paragraphs 7 and 8. Subject to payment or tender as above provided, and compliance by the County with the other terms':and provisions hereof, the Greggs shall execute and deliver a good a sufficient general warranty deed to the County pursuant to the terms set forth hereinabove, conveying -3- Parcel A free and clear for the year of closing clear of all liens for the date of the County's not; free and clear of NONE 0 of all taxes, except the general taxes and except no other taxes; free and special improvements installed as of signature hereon, whether assessed or all liens and encumbrances except: except the following restrictive covenants which do not contain a right of reverter: NONE and except the following specific recorded and/or apparent easements: Please see Exhibit "D" attached hereto and made a part hereof by this reference, and subject to building and zoning regulations. 8. The Greggs shall mail the deeds required by this agreement to the County no later than May 27, 1987. 9. Except as stated in paragraphs 5 and 8, if title is not merchantable and written notice of defect(s) is given by the County (or the County's agent) to the Greggs (or to Greggs' agent) on or before the date of closing, the Greggs shall use all reasonable effort to correct said defect(s) prior to date of mailing. If the Greggs are unable to correct said defect(s) on or before the 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 8, if title is not rendered merchantable as provided in this paragraph 7, at the County's option this Contract/ Agreement 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 the County. 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/ Agreement 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 the County. 11. Possession of the Property shall be delivered to the County upon delivery of the deed, subject to the following leases or tenancies: NONE. -4- 13. Time is of the essence hereof. If any note or check received as any payment due hereunder is not paid, honored or tendered when due, or if any other obligation under this contract is not performed as herein provided, there shall be the following remedies: (a) IF THE GREGGS ARE IN DEFAULT, (1) The County may elect to treat this Contract/ Agreement as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of the County, and the County may recover such damages as may be proper, or (2) the County may elect to treat this Contract/Agreement as being in full force and effect, and the County shall have the right to an action for specific performance or damages, or both. (b) IF THE COUNTY IS IN DEFAULT, (1) Seller may elect to treat this Contract/Agreement as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of the Greggs, and the Greggs may recover such damages as may be proper, or (2) the Greggs may elect to treat this Contract/Agreement as being in full force and effect, and the Greggs 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/Agreement, the Court may award the prevailing party all reasonable costs and expenses, including attorneys' fees. (d) It is agreed that 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. 14. All prior proposals or agreements, verbal or written, are expressly revoked upon execution of this Contract/Agreement. It is understood by the parties that Eagle County assumes no responsibilities or obligations other than those expressly provided for herein. PURCHASER -5- COUNTY OF EAGLE, STATE OF COLORA , and Through Its ATTEST: BOARD OF CO TY COMMISSIONERS �' By., ,a .. By: /Clerk of the Board of Ri a d L. G�stafson, airman County Commissioners Address: P. Box 85 f Eagle, CO 631 -5- STATE OF CALIFORNIA ) County of LOS ANGELES ) Er —I 7 SELLER ti Gene E. Gregg --zc S Z"� Betty Gregg 041 Address: 707 Wilshire Boulevard Suite 3200 Los Angeles, CA 90017 The foregoing instrument was acknowledged before me this 21st day of May 1987, by Gene E. Gregg and Betty L. Gregg. Witness my hand and official seal. OFFICIAL SEAL Chi G AMIi CSGiIENPOSS ..1= CALV70RMA y COuiFFt. Cti�.., €.� �..�'d 2, 1988 Yd�lr R Recorded at.......... .............. o'clock ............ M., ............................... ............................ ReceptionNo..................................................................................................................Recorder. THis DEED, Made this day of , 19 87 between GENE E. GREGG and BETTY L. GREGG CALIFORN Ie County of and State of &K of the first part, and THE COUNTY OF EAGLE, STATE OF COLORADO P.O. Box 850 c/o Board of County Commissioners Eagle, CO 8163 of the County of EAGLE and State of Colorado, of the second part: WITNESSETH, That the said part ie sof the first part, for and in consideration of the sum of------------_ SEVEN THOUSAND and NO/100ths------------------------------------- --------- DOLLARS to the said part ies of the first part in hand paid by said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, its heirs and assigns for- ever, all the following described lot or parcel of land, situate, lying and being in the County of EAGLE and State of Colorado, to wit: See 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 said part ies of the first part, 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 said part y of thq second part, its heirs and assigns forever. And the said parties of the first part, for them sel ves tt l elrs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said part y of the second part, its heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha Ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or naturesoever. EXCEPT current year's real property taxes, due and payable January 1, 1988; and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part ha ve hereunto set their hand and seal the day and year first above written. I ...................................................................... i ---------------------------------------------------------------------- j STATE OF 8&TARRD97, CALIFORNIA } ss. County of J GENE E. GREGG BETTY L. GREGG The foregoing instrument was acknowledged before me this 19 87 ,by GENE E. GREGG and BETTY L. GREGG. My commission expires EXHIBIT A No. 932. WARRANTY DEED.—For Photof (SEAL) ( SEAL) (SEAL) day of ,19 . Witness my hand and official seal. 1824-46 Stout Street, Denver, Colorado —8-72 Notary Public. EXHIBIT A A parcel of land being a portion of Lot 7, Los Pinones Estates Subdivision,Eagle County, Colorado. All bearings are relative to a bearing of S.88 26142"E. from a brass cap marked asa witness corner to the South Quarter Corner of Section 27, Township 7 South, Range 87 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent�Resurvey of said township and range as approved by the U.S. Surveyor General in Denver, Colorado on November 15, 1930, to a brass cap marked as the Southeast Corner of said Section 27. Said parcel being more specifically described as follows: Beginning at an angle point on the Southerly boundary of Lot 7 from which the Southwesterly corner of Lot 7 and the Southeasterly corner of Lot 8 bears N.78006159"W. 75.74 feet distant; thence S.78006'59"E. 241.66 feet to a point on a line common to Lots 6 and 7, thence along said common line S.16023159"E. 51.56 feet, thence departing said common line S-430 00143"W. 60.82 feet to a point of tangency on the Southerly boundary of Lot 7, thence along the Southerly boundary of Lot 7 the following two courses and distances: I. N.63052'59"W. 63.79 feet. 2. N.5204712911W. 191.19 feet to the point of beginning. Said parcel contains 14,300 square feet more or less. , WARRANTY DEED FROM GENE E. GREGG and BETTY L. GREGG TO EAGLE COUNTY, COLORADO MAY, 1987 I ' Recorded at o'cloc M., Reception No. Rec`t,, sr. QUIT CLAIM DEED THIS DEED, Made this day of , 19 87 , between Gene E. Gregg and Betty L. Gregg fa*County of and State of >_ rgranior(s), and The County of Eagle, State of Colorado, c/o The Board of whose legal address is P.O. Box 850 Eagle, Colorado of the County of Eagle County Commissioners 81631 and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of -------------------------------- TEN AND.NQ/100--------- -==------------------------------------------------ DOLLARS the receipt and sufficiency of which is hereby acknowledged, ha remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the grantee(s), its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha ve in and to the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: A parcel of land bein a portion of Lot 7, Los Pinones Estates Subdi * iqn Jagle County, Colorado. All h 8 26 4� East bearings are relative to a bearing of South from a brass cap marked as a witness corner to the South Quarter Corner of Sectio 27 Township 7 South Range 87 West of the Sixth Principal Meridian Eagle County Colorado, according to the Independent Resurvey of said township ana range as approved by the U.S.Surveyor General in Denver, Colorado, on November 15, 1930; t a brass cap marked as the Southeast Corner of said Section 27. Said parcel being more specifically described as follows: Beginning at a point on the northwesterly right of way of Eagle County Road No. S-13, also being the southeasterly corner of said Lot 7; thence 56.47 feet along the arc of a curve to the right having a radius of 43.46 feet and a central angl of 74°26'48 the chord of which bears South 78°53'39" West X2.58 feet; thence North 43°00'x+3" East, 60.82 feet to a point common to Lots � and 7 of said sub- division; thence South 16°23'59" East, 35.80 feet along the line common to said Lots 6 and 7 to the point of beginning. Said parcel contains 0.028 acres, more or less. also known by street and number as: n/a 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 grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), its heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date set forth above. Gene E. Gregg Betty L. Gregg STATE OF CALIFORNIA ss. County of The foregoing instrument was acknowledged before me this day of by Gene E. Gregg and Betty L. Gregg. My commission expires '19 . Witness my hand and official seal. *If in Denver, insert "City and." E11 71BIT B Notary Public , 1987 , N o. 933. Rev. 3.85. QUIT CLAIM DEED Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214 — (303) 233-6900 10-85 0 ".Rdcorded at o'cloc l M., Reception No. Recorder. QUIT CLAIM DEED THIS DEED, Made this day of 19 87, between . Gene E. Gregg and Betty L. Gregg of the *County of and State of CLIFORNgIraAntor(s), and The County of Eagle, State of Colorado c/o Board of County Commissioners P.O. Box 850 whose legal address is Eagle, Colorado 81631 of the County of Eagle and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of TEN and no/100 ---------------------------------- ------------ -----DOLLARS the receipt and sufficiency of which is hereby acknowledged, ha ve remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the grantee(s), its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: A perpetual, non-exclusive easement for the purpose of grading, regrading or altering the cut slope of adjacent roadways -maintained by Eagle County, including the perpetual right of ingress and egress over said easement by all appropriate means, situated in a portion of Lot 7, Los Pinones Estates Subdivision, Eagle County, Colorado. All bearings are relative to a bearing of S. 88°2642 E. from a brass cap marked as a witness corner to the South Quarter Corner of Section 27, Township 7 South, Range 87 West of the Sixth Principal.Meridian, Eagle County, Colorado, according to the Independent Resurvey of said township and range as approved by the U.S. Surveyor General in Denver, Colorado, on November 15, 1930, to a brass cap marked as the Southeast Corner of said Section 27. Said easement being more specifically described as follows: Beginning at the Southwest corner of Lot 7 and the Southeast corner of Lot 8, thence S. 87°36'14" E. 211.09 feet, thence S. 73°23'59" E. 95.00 feet to a point on a line common to Lots 6 and 7,.thence along said common line S. 16°23'59" E. 30.64 feet, thence departing said common line N. 78°06'59" W. 241.66 feet to an angle point on the Southerly boundary of Lot 7, thence along the Southerly boun- dary of Lot 7 N. 78°06'59" W. 75.74 feet to the point of beginning. Said parcel contains 6,742 square feet more or less. also known by street and number as: 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 grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), its heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date set forth above. STATE OF €®1=9I APO, CALIFORNIA County of The foregoing instrument was acknowledged before me this by Gene E. Gregg and Betty L. Gregg. My commission expires *If in Denver, insert "City and." ,19 Gene E. Gregg Betty L. Gregg ss. day of Witness my hand and official seal. Notary Public ,1987 , No. 933. Rev. 3W. QUIT CLAIM DEED Bradford EXHIBIT C. A, CO 80214 — (303) 233-6900 10-85 1 ` / Gregg Contract | Exhibit "D" etc. 1' Right of Proprietor of 8 vein or lode to remove and extract his ore therefrom should the same be found to intersect or penetrate the premises and O right -of -Way for ditches or canals constructed Under the authority of the United States as reserved in Patent recorded in Book 48 at Page 296. 2. Right of Way as granted to the County of Eagle, being forty (40) feet in width as described in instrument recorded'January 29, 1931 in Book 116 at Page 39 and as recorded in Book 106 at Page 10' 3' Right -of -Way for telephone line purposes as granted to Mountain States Telephone and Telegraph Company in instrument recorded in Book 213 at Page 84 and as recorded in Book 219 at Page 125' 4' Easements as shown on the Plat of Los Pinnnes Estates, being fifteen (15) feet in width along the exterior boundary line of subdivision and 7'5 feet in width along all Side and rear lot lines, together With a perpetu8l right of ingress and egress for installation, maintenance and replacement of such lines as recorded July 5, 1978 in Book 271 at Page 780, 5. Reservation of one-half of all minerals reserved in Deed recorded in Book 148 at Page 23' 6' Joint Ownership, Use and Maintenance Agreement for Water Well, being five (5) feet in width along d line to be determined in the future for the purpose Of supplying domestic water between Lots 6 and 7, as contained in instrument recorded July 9, 1979 in Book 287 at Page 944 and also recorded September lO, 1979 in Book 290 at Page 785' 7. Set -Back requirements as shown on the Plat recorded July 5, 1978 in Book 271 at Page 780' 8. Fifty (50) feet in Width Utility easement as shown on the Plat for Los Pinones Estates Subdivision as recorded July 5, 1978 in Book 271 at Page 780.