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. -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- 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 } f } ss 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 =ARC -31 OF SAN FRANCISCOires k Avg.1 T, T99O ' Notary Public My commission expiresr. -4- 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. j( I/ /%- 3 j T- I-- �t 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,