No preview available
HomeMy WebLinkAboutC87-158 buy/sell Michael MetcalfC87-158-54: CONTRACT TO BUY AND SELL MEAL ESTATE (Remedies Include Specific Performance) 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 Michael D. Metcalf and Sally J. Metcalf 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 hereinafter provided, in their present condition, ordinary wear and tear excepted, and hereinafter called the Right -of -Way parcel. 2. The purchase price shall be U.S.$150.00, payable to the Seller upon delivery of an executed General Warranty Deed as set forth in Paragraph 5 hereinbelow. 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 General Warranty Deed to Purchaser within ten days of execution of this Contract by all parties hereto 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 1 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. 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 the date of closing, at the Seller's option and upon written notice to Purchaser or Purchaser's agent 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 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 this Contract is executed by Purchaser, 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 Right -of -Way parcel 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 Right -of -Way parcel shall be delivered to Purchaser on the date of closing as provided in Paragraph 5. 10. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due 2 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 notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, 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. It is anticipated that the Purchaser shall construct improvements to Brush Creek Road between MP 0.92 and MP 2.60. portion of which is adjacent to property owned by the Sellers. The Purchaser makes the following agreements with the respect to said construction. a. The Purchaser shall replace the disturbed portion of Sellers existing fence with one of better condition adjacent to the Right -of -Way parcel. The replacement fencing shall be placed approximately 6 inches on Sellers side of the new property line, and shall consist of CDOH Standard M-607-1 combination wire fence with wooden posts except that the post spacing shall be sixteen feet on center and shall include two wooden stays between posts. Once replacement fencing contemplated herein has been installed by Purchaser, Seller shall thereafter be solely responsible for the ownership and maintenance of said fence. 3 P. b. The Purchaser shall place a new 20 foot tubular steelgate across the driveway connecting the Metcalf's with the neighboring Johnson property. 0. The Purchaser shall connect the existing paved driveway to the new roadway with asphalt pavement. The match point between the existing drive and the new connection shall be on the Metcalf's side of the fiber optics cable crossing of said existing driveway. 12. As soon as the improvements and realignment contemplated herein have been completed to the extent that abandonment of 0.0215 acres(as more particularly described on the attached Exhibit C) is feasible and appropriate, the County agrees to commence vacation proceedings with respect to the 0.0125 acres. Pursuant to S 43-2-302(1 ' )(b), C.R.S., title to the vacated parcel shall vest in Seller as the sole owner of the land abutting such vacated portion of the existing public right-of-way, subject to the outcome of public hearings held for that purpose. 13. All prior proposals or agreements, verbal or written, are expressly revoked upon execution of this Contract. It is understood by the parties that Eagle County assumes no responsibilities or obligations other than those expressly provided for herein. 14. This Contract shall be binding upon and inure to the benefit of the parties' heirs, successors, executors, and assigns. By: 44 Vof uerk the--toard of unty Commissioners 4 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By� ) isandL. -61u-s6fsonA, /Chairman Address for g'tving nXt*Oes: P.O. Box 850 Eagle, CO 81631 (303)328-7311 (ext. 515) Fly's a M N SELLER: Michael D. Metcalf DATE: 4 A 'fees, A Sally J. Wcalf DATE: 7 6k, iaY,7 113 f, Address for giving notices: STATE OF ss County of The Aoregoing was acknowledged before me this day of 1987, by nl'ahacl D. Z22c az/ WITNESS MY HAND AND OFFICIAL SEAL. My commission expires 17- q-'20 5 ® r� EXHIBVT A SHEET OF 2 EIGHTY—EI HT ACRES, LTD. 0. W SCALE i"= 20' COUNTY ROA p NO p-3 0� S-81050'2 2"E N -87004' 18"W. 496.53' PO. B. j( 7.12' CORNER NO.2 SS90 13.09' TRACT 44 N.12"E. 13.09' F ALLEN TRACT I 09 N. I�2 °46 39 w 5 METCALF TRACT 60.68 PROPERTY BOOK 242 PAGE 279 R.� m0 PROPERTY DESCRIPTION ROTATED 00002'18" CLOCKWISE BASED ON FOUND-N.E. CORNER OF ALLEN TRACT AND CORNER NO.2 TRACT 44. MacKown Surveying & Engineering, Inc. DRN : LM DATE: 26 MAY 87 P. O. Box 323 • 409 Brooks Lane • Eagle, Colo. 81631 (30?)' -28-7208 8 7/ 016 0.0113 «" EXHIBIT A SHEET 2 OF 2 A PARCEL OF LAND LOCATED WITHIN! AND ALONG THE NORTHERLY BOUNDARY OF A TRACT OF LAND KNOWN AS THE "METCALF TRACT" DESCRIBED IN BOOK 242 AT PAGE 279 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 44, SECTION 4, TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE "METCALF TRACT' FROM WHICH CORNER NO. 2 OF TRACT 44 AN EXISTING BRASS CAP MONUMENT BEARS N.87004'18"W. 496.53 FEET DISTANT; WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S.79047'01"E. BETWEEN CORNER NO. 2 OF TRACT 44 AND THE NORTHEAST CORNER OF THE "ALLEN TRACT," AN EXISTING BRAZED CAP; THENCE ALONG THE NORTHERLY BOUNDARY OF THE "METCALF TRACT' THE FOLLOWING THREE COURSES: 1. S.81050'22"E. 7.12 FEET 2. S.59021'12"E. 28.68 FEET 3. S.57009'42"E. 27.88 FEET THENCE DEPARTING SAID BOUNDARY N.72046'39"W. 60.68 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE "METCALF TRACT," THENCE ALONG SAID -WESTERLY BOUNDARY N.12023'50"E. 13.09 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0113 ACRES MORE OR LESS. MaCKUWn Surveying & Engineering, Inc. P. O. Box 323 • 409 Brooks Lane • Eagle, Colo. 81631 • (303) 328-7208 t -U DATE: 26 MAY 87 87/016 0.0113 Rq,,ded at _ Reception No o'cl — M., Recorder. WARRANTY DEED P THIS DEED, Made this day of 19 87 . between Michael D. Metcalf and Sal y J. Metcalf of the *County of Eagle and State of Colorado, grantor(s), and The County of Eagle, State of Colorado, c/o Board of County Commissioners whose legal address is P. 0. Box 850 Eagle, CO 81631 of the County of Eagle and Stateof Colorado, grantee(s): WITNESSETH, That the grantor(s), for and inconsideration of the sum of ------- the receipt and sufficiency of which is hereby acknowledged, ha ve do grant, bargain, sell, convey and confirm, unto the grantee(s), together with improvements, if any, situate, lying and being in the and State of Colorado, described as follows: DOLLARS, granted, bargained, sold and conveyed, and by these presents their heirs and assigns forever, all the real property, County of Eagle A 0.0133 acre parcel of land located within and along the Northerly Boundary of a tract of land known as the "Metcalf Tract" described in Book 242 at Page 279 of the Eagle County Records, located in Tract 44, Section 4, Township 5 South, Range 84 West of the sixth principal meridian, County of Eagle, State of Colorado, said parcel being more particularly described on Exhibit A attached hereto and made a part hereof by this reference. also known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, interest, claim and demand whatsoever of the grantor(s), 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 grantee(s), heirs and assigns forever. And the grantor(s), for themselves theirheirs, and personal representatives, do covenant, grant, bargain and agree to and with the grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, haVe good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have 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, encumbrances and restrictions of whatever kind or nature soever, except Current years real property taxes due and payable January 1, 1988. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date first written above. Michael D. Metcalf *If in Denver, insert "City and." Sally J. Metc No. 36. Rev. 2-85. WARRANTY DEED (Short form) Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214 —1303) 233-6900 2-85 `5 r c �MW7t sx , r ' EXHIBIT A SHEET 2 F 2 A PARCEL OF LAND LOCATED WITHIN AND ALONG THE NORTHERLY BOUNDARY OF A TRACT OF LAND KNOWN AS THE "METCALF TRACT" DESCRIBED IN BOOK 242 AT PAGE 279 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 44, SECTION 4, TOWNSHIP S SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE "METCALF TRACT" FROM WHICH CORNER NO. 2 OF TRACT 44 AN EXISTING BRASS CAP MONUMENT BEARS N.87004'18"W. 496.53 FEET DISTANT; WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S.79047'01"E. BETWEEN CORNER NO. 2 OF TRACT 44 AND THE NORTHEAST CORNER OF THE "ALLEN TRACT," AN EXISTING BRAZED CAP; THENCE ALONG THE NORTHERLY BOUNDARY OF THE "METCALF TRACT" THE FOLLOWING THREE COURSES: s 1. S.81050'22"E. 7.12 FEET 2. S.59021'12"E. 28.68 FEET 3. S.57009'42"E. 27.88 FEET THENCE DEPARTING SAID BOUNDARY N.72046'39"W. 60.68 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE "METCALF TRACT," THENCE ALONG SAID -WESTERLY BOUNDARY N.12023'50"E. 13.09 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0113 ACRES MORE OR LESS. MacKown Surveying ter Engineering, Inc. P. O. Box 323 • 409 Brooks Lane 0 Eagle, Colo. 81631 0 (303) 328-7208 O"NO66646066•- CJ - P.,.: A NO 4 a;• DATE: 26 MAY 87 87/016 0.0113 EXHIBIT C SHEET 1 OF 2 EIGHTY—EIGHT ACRES, LTD. PROPERTY SCALE: 1"= 20' EgG`F \ ALLEN ESTATE COU /V ` PROPERTY Y \ R pq O NO. 3p) n = 0701126" R = 486.00' C8 = S.60021'31 E. CD = 60.95' A = 60.99' S.72°46'39"E. 2 4.88' N.5 7 °09 42 " W. 0 9.56" O' N.52030'52'W. 35.29' �--� N.47°42'12"W J' _ 17.44 �/ CORNER NO. 2 N.43003'42"W.� N.7g° TRACT 44 47'0 " 22.4 11 W 625.1$' /JOHNSON PARCEL METCALF TRACT BOOK 242 PAGE 279 S.35°5518..W. \ 21.30 P.O.B. MacKown Surveying & Engineering, Inc. D R N : LM DATE o 29 JULY 87 P. O. Box 323 • 409 Brooks Lanc • Eagle. Colo. 81631 • (303) 328-7208 87/016 0.0215 .�3�is:•- -vr - t �a EXHIBIT C SHEET 2 OF 2 A PARCEL OF LAND LOCATED WITHIN THE PRESENT RIGHT-OF-WAY OF A PUBLIC ROAD KNOWN AS NO. P-307 AND ALONG THE NORTHERLY BOUNDARY OF A PRIVATE PARCEL OF LAND KNOWN AS THE "METCALF TRACT" DESCRIBED IN BOOK 242 AT PAGE 279 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 44, SECTION 4, TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE "METCALF TRACT" AN EXISTING BRAZED CAP MONUMENT FROM WHICH CORNER NO. 2 OF TRACT 44 AN EXISTING BRASS CAP MONUMENT BEARS N.79047'01"W. 625.18 FEET DISTANT' WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S.79 47'01"E. BETWEEN CORNER NO. 2 OF TRACT 44 AND THE NORTHEAST CORNER OF THE "ALLEN TRACT" AN EXISTING BRAZED CAP MONUMENT; THENCE ALONG THE NORTHERLY BOUNDARY OF THE "METCALF TRACT" THE FOLLOWING FOUR COURSES: 1. N.43003'42"W. 22.41 FEET 2. N.47042'12"W. 17.44 FEET 3. N.52030'52"W. 35.29 FEET 4. N.57009'42"W. 9.56 FEET TO A POINT ON THE SOUTHERLY BOUNDARY RIGHT-OF-WAY FOR PUBLIC ROAD; THENCE ALONG SAID SOUTHERLY ROAD BOUNDARY THE FOLLOWING TWO COURSES: 1. S.72046'39"E 24.88 FEET 2. 60.99 FEET ALONG THE ARC OF A CURVE TO'THE RIGHT WITH A RADIUS OF 486.00 FEET, THE CHORD OF WHICH BEARS S.60021'31"E. 60.95 FEET DISTANT TO A POINT ON THE EXTENSION OF THE EASTERLY BOUNDARY LINE OF THE "METCALF TRACT"; THENCE ALONG SAID EXTENSION S.35055'18"W. 21.30 FEET DISTANT TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0215 ACRES MORE OR LESS. RE.GjS moo' M Cr `o`er lig a METCALF PROPERTY DESCRIPTION WAS ROTATED 00°02'18" CLOCKWISE BASED ON FOUND NORTHEAST CORNER OF ALLEN TRACT AND CORNER NO. 2 TRACT 44. [\Ae MaCKwwn Surveying & Engineering, Inc. I DATE: 29 JULY 87 P. O. Box 323 • 409 Brook: Lane 0 Eagle, Colo. 81631 0 (303) 328.7208 1 87/016 0.0215 ;,I""'W