HomeMy WebLinkAboutC87-107 buy/sell with Anne CookeCONTRACT TO BUY AND SELL
REAL ESTATE
v
C87-107-54
(Remedies Include Specific Performance)
May 11, 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 de-
scribed 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.$175.00, payable as
follows: By Eagle County Warrant in the amount of One Hundred
Seventy -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 of all liens for
as of the date of Purchaser's
assessed or not; free and clear
except NONE
special improvements installed
signature hereon, whether
of all liens and encumbrances
except the following restrictive covenants which do not
contain a right of reverter: NONE
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.
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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.
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l.UUIIL.Y 1.U111ll11�Z-x1U11C1-J
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
GeorgVA. Gates, Chairman
Pro Tem
Address for giving notices:
P.O. Box 850
Eagle, Colorado 81631
(303) 328-7311 (Ext. 515)
SELLER:
Anne �S . -Cooke
Address for giving notices:
3241 Gough Street
Apartment #2
San Francisco, CA 94123
(415) 474-8775
STATE OF 'ALIFORNIA }
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Coun -4 ' ° C
The regoing was acknowledged before me this
day of , 1987, by Anne S. Cooke.
WITNESS my hand and official seal.
4L SEAL
F. SAVECIt
C-C:ORNtQ
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-31
OF SAN FRANCISCOires
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Avg.1 T, T99O
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Notary Public
My commission expiresr.
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406 s. hyland square, suite a-1
glenwood springs, colo , -+q 81601
` 945-2045
p.o. box 14 gypsum, co rado 81637 524-9414
Lot 2
Los Pinones Subdivision
May 23, 1985
Legal Description
A parcel of land situated in the southwest quarter of the northeast
quarter (SWI%NE]z) of Section 27, Township 7 South, Range 87 West of
the 6th 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, also
being a portion of Lot 2, Los Pinones 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 said Section 27, 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 southwesterly right-of-way of Eagle
_. County Road S-13, also being the east property corner of said Lot 2;
thence South 55°17'02" West, 10.70 feet along the line common to Lots
2 and 5 of said Los Pinones Subdivision; thence North 51°11'38" West,
77.75 feet to a point on the line common to Lots 1 and 2 of said Los
Pinones Subdivision; thence North 89°18'41" East, 18.29 feet along
the line common to said Lots 1 and 2 to a point on the southwesterly
right-of-way of said County Road; thence Southeasterly along the right-
of-way of said County Road the following two courses:
1. South 53°28'58" East, 26.84 feet.
2. 40.00 feet along the arc of a curve to the right having
a radius of 197.72 feet and a central angle of 11°35'29",
the chord of which bears South 47°41'14" East, 39.93 feet
to the point of beginning. Said parcel contains 0.020 acres, more
or less.
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EXHIBIT "B" - Easements, etc.
1. Right of Proprietor of a vein or lode to remove Find extr�lct his ore
therefrom should the same be found to intersect or Penetrate the premises
and a right-of-way for ditches or canals constructed under the authority of
the United States as reserved in Patent recorded in Book 41G.' at Page 296.
2. Right -of -Way for telephone line purposes as granted to Mountain States
Telephone and Telegraph Company in instrument recorded in Book 219 at Page
125 and in Book 213 at Page 84.
3. Right of Way as granted to the County of Eagle, being forty (40) fee/in
width as described in instrument recorded October 19, 1923 in Book 106 at
Page 9 and also October 24, 1923 in Book 106 at Page 10.
4. Easements as shown on the Plat of Los Pinones Estates, being 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 perpetual right of
ingress and egress for installation, maintenance and replacement of such
lines as recorded July 5, 1978 in Book 271 at Page 700.
5. Easements as shown on the Plat, being 20 feet in width along
Westerly boundary line and a 50 feet in width easement, 25 feet
side of a described line, as recorded July 5, 1978 in Book 271
together with building setback lines as shown thereon.
the
on either
at Page 700,