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HomeMy WebLinkAboutC87-086 buy/sell with Paul Purchardw CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) C87-86-54 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 Owner, hereinafter called Seller, hereby agrees 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.$865.00, payable as follows: By Eagle County Warrant in the amount of Eight Hundred Sixty -Five and no/100 Dollars payable to the undersigned Seller upon execution of this Contract by all parties hereto. 3. This Contract is not contingent upon the obtaining of a loan by Purchaser from a third party. 4. The date of closing shall be the date for delivery of deed as provided in Paragraph 5. 5. 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 Special Warranty Deed to Purchaser within ten days of the date hereof via Certified Mail, return receipt requested, to Purchaser at the address for giving notices below, or by mutual agreement, at an earlier date, conveying the Property free and clear of all taxes, except the general taxes for the year of closing, and except NONE free and clear o as of the date assessed or not; except f all liens for special improvements installed of Purchaser's signature hereon, whether free and clear of all liens and encumbrances NONE except the following restrictive covenants which do not contain a right of reverter: Protective Covenants for Purchard Subdivision recorded in Book 281 at Page 731, Eagle County real property records; and except the following specific recorded and/or apparent easements: See Exhibit B attached hereto and made a part hereof by this reference; and subject to building and zoning regulations. 6. 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 thirty 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, 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. 7. 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. 8. General taxes for the year of closing shall be paid by Seller. 9. Possession of the Property shall be delivered to Purchaser on the date of closing as provided in Paragraph 5. -2- 10. 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 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. 11. 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 the heirs, successors and assigns of such parties. -3- s PURCHASER: COUNTY OF EAGLE, STATE OF COLORAD, and Through Its BOAR OF COUATY COMMISSIONERS BYU.(',� d By : Clerk of the Board of Richard L. ustA fson Chai County Commissioners Address for iving o ices: P.O. Box 850 Eagle, Colorado 81631 (303) 328-7311 (Ext. 515) SELLER: Paul R. Purchard Address for giving notices: 5200 Senford Avenue Los Angeles, CA 90056 (21 1 ) (;41;-2921 Ll00T)d STATE OF ) ss County of i% ) The foreg ing was acknowledged before me this day of 1987, by Paul R. Purchard. WITNESS my hand and official seal. N ota ryPublic -V My commission expires 7 4 G 0 -4- /0 rman EXHIBIT A Purchard to Eagle County E1 Jebel Hill Road Improvement Project LOT 2 N78.5343"E PURCHARD SUBDIVISION 18.65' -IN N 48.58'00" E 19.89' N X" LOT 3 PURCHARD SUBDIVISION BOOK 28/, PAGE 732 16836 9�F:-L01AO "S *0 CIO S 56.4028" W 28.79' t. • A PARCEL OF LAND LOCATED IN LOT 30 PURCHARD SUBDIVISION, WHICH IS RECORDED IN BOOK 281 AT PAGE 732, EAGLE COUNTY RECORDS, AND LOCATED IN THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: �0. oP0 GOJ � R = 361.70' A = 27.2759" L • 173.39' R = 1011.56' 0 _ lr2544- L = 201.78' SCALE I" = 60' Ile f P.O.B BEGINNING AT THE NORTHEASTERLY MOST CORNER OF SAID LOT 3, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF LOT 2, SAID PURCHARD SUBDIVISION, AND SAID POINT BEING ALSO ON THE WESTERLY RIGHT-OF-WAY LINE FOR A PUBLIC ROAD; THENCE ALONG SAID WESTERLY R I GHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES AND CURVES, SAID LINE BEING ALSO THE EASTERLY LINE OF SAID LOT 3: 1) ALONG A CURVE TO THE LEFT WHICH HAS A CENTRAL ANGLE OF 1102514411, A RADIUS OF 1011.56 FEET, AN ARC LENGTH OF 201.78 FEET, AND A LONG CHORD WHICH BEARS S'3405512211 1V, 201.44 FEET TO A POINT OF REVERSE CURVATURE, 2) ALONG A CURVE TO THE RIGHT WHICH HAS A.CENTRAL ANGLE OF 2702715911, A RADIUS OF 361.70 FEET, AN ARC LENGTH OF 173.39 FEET, AND A LONG CHORD WHICH BEARS S 4205612911 W, 171.74 FEET TO A POINT OF TANGENCY, 3) S 5604012811 W, 28.79 FEET TO A POINT; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE N 4304212011 E, 170.00. FEET; THENCE N 3201710411 E, 197.74 FEET; THENCE N 4805810011 E, 19.89 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 3; THENCE ALONG SAID NORTHERLY LINE N 7805314311 E, 18.65 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.0992 ACRES. BASIS OF BEARING IS THE NORTH -SOUTH CENTERLINE OF SAID SECTION 27, AS DESCRIBED ON THE PLAT OF PURCHARD SUBDIVISION RECORDED IN BOOK 281 AT PAGE 732, EAGLE COUNTY RECORDS, SAID LINE BEARING N 00°1611311 E. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within six years after you first discover such defect. CoStraIn no event, may any action based upon any defect Inmthis survey be comenced more than ten years from the date of the certification shown hereon --s 1912071 Eng/neer/ng 7 - P.O. Box 97 Edwards, Colorado 81632 (303) 949-7640 Purchard to Eagle County Easements and Rights -of -Way, Contract to Buy and Sell 1. Right -of -Way Deed recorded in Book 106 at Page 10, Eagle County real property records. 2. Right -of -Way Easement recorded in Book 299 at Page 761, Eagle County real property records.