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HomeMy WebLinkAboutC87-159 buy/sell JD Allen EstateC87-159-54 CONTRACT TO BUY AND SELL REAL 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 the JD Allen Estate, by and through its Trustees, 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 Estate of J.D. Allen 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 the 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 (7 (7) 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: Easements of Record 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 date the 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 R 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, a portion of which is adjacent to property owned by the Seller. The Purchaser makes the following agreements with the respect to said construction. a. The Purchaser shall replace the disturbed portion of existing fence with one of better condition adjacent to the Right -of -Way parcel. The replacement fencing shall be placed approximately 6 inches onto 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 the replacement fencing contemplated herein has been installed by Purchaser, Seller shall thereafter be solely responsible for the ownership and maintenance of said fence. 3 12. 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. 13. This Contract shall be binding upon and inure to the benefit of the parties' heirs, successors, executors, and assigns. PURCHASER: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 7 By BY: Xlerk of the Board ot Ri and L. us fson Chairman County Commissioners 2� Address for giv*n notices: 3C rj, P.O. Box 50 Eagle, CO 81631 (303)328-7311 (ext. 515) DATE: � �/ /J-/ I f ESTATE OF J.D. ALLEN J. rd Allen,\rrustee DATE: ( j �Y_ / F rZ ao—�- H. J49an Joh son, Trustee DATE :0�2A a X, 457S 7 17 -e [additional signatures on following page] 4 th Allen Burford, Trust DATE: � 7 -,,P % Joy e Ann Cunningham, Tru tee DATE: Address for giving notices: -i:rIV-/ ' 02& V jt,7 0 �' I CAI E2� ')� STATE OF C�c,� ss County of n , The foregoing was acknowledged before me this day of P 1987, by 14 . WITNESS MY HAND AND OFFICIAL SEAL. My commission expires l0 - Nota y P lic 5 (7) STATE OF ss County of The foregoing was acknowledged .-day o f 1987, by____:;c before me this WITNESS MY HAND AND OFFICIAL SEAL. My commission expires Notary Public STATE OF ss county of The foregoing was acknowledged before me this day of A2, Q X 1987, by Cunn I r? CA 11 Q AIIN, WITNESS MY HAND AND OFFICIAL SEAL. My commission expires Not AryAublic STATE OF A) ss County of The foregoing was acknowledged before me this 2:qvk_ day of 1987, by :U,XNv-n WITNESS MY HAND AND OFFICIAL SEAL. My commission expires Notary Public M 0- In if 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 "ALLEN TRACT" DESCRIBED IN AN EXECUTOR DEED RECORDED IN BOOK 188 AT PAGE 387, EAGLE COUNTY REOCRDS, 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 CORNER NO. 2 OF TRACT 44 AN EXISTING BRASS CAP MONUMENT, THENCE ALONG THE NORTHERLY BOUNDARY OF SAID "ALLEN TRACT" AND THE SOUTHERLY RIGHT-OF-WAY OF A PUBLIC ROAD 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" A BRAZED CAP THE FOLLOWING FOUR COURSES: 1. 5.88°29'52"E. 124.02 FEET 2. S.89033'22"E. 174.29 FEET 3. 5.88°51'02"E. 61.42 FEET 4. 5.81°50'22"E. 137.61 FEET TO A POINT ON A PRIVATE PARCEL OF LAND KNOWN AS THE "METCALF TRACT" DESCRI8ED IN BOOK 242 AT PAGE 279 OF THE EAGLE COUNTY RECORDS, THENCE DEPARTING SAID PUBLIC RIGHT-OF-WAY AND ALONG SAID PRIVATE PARCEL S.12023'50"W. 13.09 FEET, THENCE DEPARTING SAID PRIVATE PARCEL N.72046'39"W. 63.55 FEET, THENCE 2.12 FEET ALONG THE ARC OF A NON TANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 486.00 FEET, THE CHORD OF WHICH BEARS N.810 43'35"W. 2.12 FEET DISTANT TO A POINT OF TANGENCY, THENCE N.81051'04"W. 44.28 FEET, THENCE N.89031'50"W. 313.59 FEET, THENCE N.86016'31"W. 42.67 FEET, THENCE 30.39 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1135.00 FEET, THE CHORD OF WHICH BEARS N.85030'30"W. 30.39 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID "ALLEN TRACT," THENCE N.00014'58"E. 5.03 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0781 OF AN ACRE MORE OR LESS. MacKown Surveying & Engineering, Inc. DATE: 26 MAY 87 P. O. Box 323 11 409 Brooks Lane • Eagle, Colo. 81631 0 (303) 328-7208 87/016 0.0781 0 Recorded at — Reception No. o'cl M.,(0"11 Recorder. WARRANTY DEED THIS DEED, Made this day of 19 87 , between J. Richard Allen, H. Jean Johnson, Judith Allen Burford, and Joyce Ann Cunningham as Trustees for the Estate of J.D. Allen 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.O. Box 850 Eagle, CO 81631 of the County of Eagle and Stateof Colorado, grantee(s): WITNESSETH, That the grantor(s), for and in of the sum of --------- the receipt and sufficiency of which is hereby acknowledged, have 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 0.0781 acre parcel of land located within and along the northerly ,,boundary of a tract of land known as the "Allen Tract" described in an Executor Deed recorded in Book 188 at Page 387, 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 them sel ves 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, ha vegood, 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. J. Richard Allen, Trustee Judith Allen Burford, Trustee *If in Denver, insert "City and." H. Jean Johnson, Trustee Joyce Ann Cunningham, Trustee No. 36. Rev. 2-85. WARRANTY DEED (Short form) Bradford Publisfiing, 5825 W. 6th Ave., Lakewood, CO 80214 — (303) 233-6900 2-85 r t ., � '�W ,., �..m. r' f EXHIBIT A SHEET 2 /DF 2 A PARCEL OF LAND LOCATED WITHIN AND ALONG THE NORTHERLY BOUNDARY OF A TRACT OF LAND KNOWN AS THE "ALLEN TRACT" DESCRIBED IN AN EXECUTOR DEED RECORDED IN BOOK 188 AT PAGE 387, EAGLE COUNTY REOCRDS, 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 CORNER NO. 2 OF TRACT 44 AN EXISTING BRASS CAP MONUMENT, THENCE ALONG THE NORTHERLY BOUNDARY OF SAID "ALLEN TRACT" AND THE SOUTHERLY RIGHT-OF-WAY OF A PUBLIC ROAD 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" A BRAZED CAP THE FOLLOWING FOUR COURSES: 1. S.88029'52"E. 124.02 FEET 2. S.89033'22"E. 174.29 FEET 3. S.88051'02"E. 61.42 FEET 4. S.81050'22"E. 137.61 FEET TO A POINT ON A PRIVATE PARCEL OF LAND KNOWN AS THE "METCALF TRACT" DESCRIBED IN BOOK 242 AT PAGE 279 OF THE EAGLE COUNTY RECORDS, THENCE DEPARTING SAID PUBLIC RIGHT-OF-WAY AND ALONG SAID PRIVATE PARCEL S.12023'50"1d. 13.09 FEET, THENCE DEPARTING SAID PRIVATE PARCEL N.72046'39"W. 63.55 FEET, THENCE 2.12 FEET ALONG THE ARC OF A NON TANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 486.00 FEET, THE CHORD OF WHICH BEARS N.81043'35"W. 2.12 FEET DISTANT TO A POINT OF TANGENCY, THENCE N.81051'04"W. 44.28 FEET, THENCE N.89031'50"W. 313.59 FEET, THENCE N.86016'31"W. 42.67 FEET, THENCE 30.39 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1135.00 FEET, THE CHORD OF WHICH BEARS N.85030'30"W. 30.39 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID "ALLEN TRACT," THENCE N.00014'58"E. 5.03 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0781 OF AN ACRE MORE OR LESS. MacKown Surveying & Engineering, Inc. P. O. Box 323 • 409 Brooks Lane • Eagle, Colo. 81631 0 (303) 328.7208 ``��i �o Mail •. �1 0���.•.••.••� Off' A i r :O 2 66 F.AND DATE: 26 MAY 87 87/016