No preview available
HomeMy WebLinkAboutC87-193 buy/sell Donald and Lorrene Snyder #363168C87-M-54 3 6} 8 BOOK CONTRACT TO BUY AND SELL PAR 6�1 REAL ESTATE .KTi PRILL1 PS (Remedies Include Specific Performance) detE ry. f JUL 28 54 F8,'87 IS AGREEMENT made and entered into this lG day of , 1987, by and between the County of Eagle, St e of Colorado, by and through its Board of County Commissioners (hereinafter "the County"), and Donald F. Snyder and Lorrene M. Snyder (hereinafter "the Snyders"). W I T N E S S E T H: WHEREAS, the County desires to construct improve- ments to the El Jebel Hill Road, said construction referred to as the "El Jebel Hill Road Project"; and WHEREAS, Snyders are owners of property located adjacent to a portion of the El Jebel Hill Road Improvement Project; and WHEREAS, in order to adequately construct said road improvements, the County is in need of a portion of property owned by Snyders; and WHEREAS, the County hereby agrees to buy, and the Snyders hereby agree to sell, upon the terms and conditions stated herein, a 0.2746 -acre parcel of real property located adjacent to the El Jebel Hill Road Improvement Project. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and conditions herein contained, the parties hereto agree as follows: 1. The Snyders agree to sell and the County agrees to buy that certain 0.2746 -acre parcel of real property situate in the County of Eagle, State of Colorado, as described on the attached Exhibit "A" incorporated herein 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, hereinafter called the "Property." 2. The purchase price shall be U.S. Five Thousand Dollars ($5,000.00), payable as follows: By Eagle County Warrant in the amount of One Hundred Dollars ($100.00) at the time of the signing of this Contract, the receipt of which is hereby acknowledged by Snyders. The balance of Four Thousand Nine Hundred Dollars ($4,900.00) payable to Snyders in exchange for an executed General Warranty Deed as set forth in Paragraph 4 hereinbelow. 3. The date of closing shall be the date for delivery of deed as provided in Paragraph 5. 4. Title shall be merchantable in Snyders, except as stated in this paragraph and in Paragraph 5 below. Subject to payment or tender as above provided and compliance by County with the other terms and provisions hereof, Snyders shall execute and deliver a good and sufficient General Warranty Deed to County, in the form designated by the attached Exhibit "B", at the address for giving notices below, conveying the Property free and clear of all taxes, except the general taxes 4 for the year of closing, and except U'i NONE free and clear of all liens for special improvements installed as of the date of County'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 or interests: a. Right of Proprietor of a vein or lode to remove and extract 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 48 at Page 296. b. Right-of-way for telephone line purposes as granted to Mountain States Telephone and Telegraph Company in instrument recorded in Book 213 at Page 83. C. Reservation to Glafrie Fender of 1/2 of all minerals, on or under said lands, as reserved in Deed recorded in Book 148 at Page 23. and subject to building and zoning regulations. -2- 5. At such time the releases of the deeds of trust described at Paragraph 6 hereinbelow are obtained, the County shall immediately forward to Snyders an Eagle County Warrant in the amount of $4,900.00, by Certified Mail, Return Receipt Requested. Within 24 hours of the receipt of the warrant, Snyders shall mail to County, via Certified Mail, the General Warranty Deed referred to in Paragraph 2 hereinabove. If agreed upon by the parties, the exchange of the warrant for the General Warranty Deed may be made in person, at the earliest possible date to be mutually determined. 6. The following encumbrances show on the Right -of -Way Parcel: a. A Deed of Trust from Donald F. Snyder and Lorrene M. Snyder to the Public Trustee of Eagle County, for the benefit of Glen Daley and Marcella Daley, recorded at Book 294, Page 387, in the records of the Eagle County Clerk and Recorder. 7. General taxes for the year of closing shall be paid by Snyders. 8. Possession of the Property shall be delivered to County on the date of closing as provided in Paragraph 5. 9. It is anticipated that the County shall construct improvements to the El Jebel Hill Road adjacent to property owned by Snyders. The County makes the following agreements with respect to said construction: a. The County agrees to remove the minimum amount of trees possible during the construction of the Road Improvements. -3- b. A Deed of Trust from Donald F. Snyder and Lorrene M. Snyder to the Public Trustee for Eagle County, Colorado, for the benefit of Alpine Bank, U` Basalt, recorded at Book 455, Page 538, in the records of the Eagle County Clerk and Recorder. Snyders agree to cooperate fully with the County in obtaining the releases of said deeds of trust with respect to that portion of the property which comprises the Right -of -Way Parcel. The County agrees to prepare all paperwork and to pay all processing and/or administrative costs or fees associated with obtaining the said release. 7. General taxes for the year of closing shall be paid by Snyders. 8. Possession of the Property shall be delivered to County on the date of closing as provided in Paragraph 5. 9. It is anticipated that the County shall construct improvements to the El Jebel Hill Road adjacent to property owned by Snyders. The County makes the following agreements with respect to said construction: a. The County agrees to remove the minimum amount of trees possible during the construction of the Road Improvements. -3- b. The County shall restore the Snyders' driveway approach to a better than pre-existing condition, and in a manner mutually agreed upon by the parties hereto. It is further agreed that the driveway approach shall be gravel only. C. The County agrees to flag the approximate top of slope line prior to construction. The Snyders may remove any trees, at their expense, within said purchased 0.2746 -acre parcel, and within the area between the said purchased parcel and the existing roadside ditch. It is understood that any such flagging is approximate in nature, and is only for the purpose of allowing the Snyders the opportu- nity to remove trees prior to construction. d. The Snyders may have, for the purpose of firewood, all trees removed by the County. The Snyders shall designate a place for the placement of such trees. g. The County agrees to mulch and seed the slope created in the new right-of-way parcel. 10. Time is of the essence hereof. If any obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF THE SNYDERS ARE IN DEFAULT, (1) County may elect to treat this contract as terminated, in which case all payments and things of value received hereunder (if any) shall be returned to County and County may recover such damages as may be proper, or (2) County may elect to treat this contract as being in full force and effect and County shall have the right to an action for specific performance or damages, or both. (b) IF COUNTY IS IN DEFAULT, (1) to treat this contract as terminated, payments and things of value received -4- Snyders may elect in which case all hereunder (if any) e. The County agrees to set pins at the angle points of the Snyders' property line created by this 4 m purchase. ri f. The County agrees to install fencing consisting of 6 -foot steel posts at 16 -feet spacing, with four strands of barbed wire, if the Snyders so desire. g. The County agrees to mulch and seed the slope created in the new right-of-way parcel. 10. Time is of the essence hereof. If any obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF THE SNYDERS ARE IN DEFAULT, (1) County may elect to treat this contract as terminated, in which case all payments and things of value received hereunder (if any) shall be returned to County and County may recover such damages as may be proper, or (2) County may elect to treat this contract as being in full force and effect and County shall have the right to an action for specific performance or damages, or both. (b) IF COUNTY IS IN DEFAULT, (1) to treat this contract as terminated, payments and things of value received -4- Snyders may elect in which case all hereunder (if any) DOW ljl rl 0 shall be forfeited and retained on behalf of Snyders and Snyders may recover such damages as may be proper, or (2) Snyders may elect to treat this contract as being in full force and effect and Snyders 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 Snyders in writing and County receives notice of such acceptance on or before a date ten days from the date hereof, this instrument shall become a contract between Snyders and County and shall inure to the benefit of and be binding upon the heirs, successors and assigns of such parties. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD 0 UNTY COMMISSIONERS 11 hard L. st son, airman Address for g6�Z pes : P.O. Box 85 (f1 Eagle, Colorado 81631 (303) 328-7311 (Ext. 515) -5- f130aMMcrl;� Donald F. Snyder orrene M. Snyder Address for giving notices: 1847 Upper Cattle Creek Road Carbondale, Colorado 81623 (303) 936-2927 STATE OF COLORADO ) ' ) Ss County of ) v` The egq ng was acknowledged before me this day of 1987, by Donald F. Snyder and Lorrene M. Snyder.// WITNESS my hand and official seal. Iles. 4ti1 tp� e� l.e .,. Notary blic My commission expires ALPINE SACC P. O. SOC c1 BASALT, CO 61621