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HomeMy WebLinkAboutC09-331 Purchase and Sale Agreement Horse PasturePURCHASE AND SALE AGREEMENT (Direct Sale) TH,JrS PU~tCHASE AND SALE AGREEMENT, made and entered into on this o~~`=~"day of ..11.1,,1' ~ , 2009, by and between EAGLE COUNTY, a political subdivision of the State of Colorado, whose address is 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850, herein after referred to as the Purchaser, and the United States of America, acting by and through the Forest Service, U.S. Department of Agriculture, hereinafter referred to as the Forest Service. This Agreement is hereby executed pursuant to provisions of the Forest Service Facility Realignment and Enhancement Act of August 2; 2005 (P.L. 109-54). WITNESSETH: WHEREAS, a tract of land with improvements, described in Exhibit A, attached hereto and made a part hereof, totaling 5.02 acres more or less, located in Eagle County, State of Colorado, was offered for sale to the Purchaser at the approved appraised value of ONE MILLION TWO HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($1,275,000.00); and WHEREAS, the Purchaser has agreed to purchase said tract at the cash price of ONE MILLION TWO HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($1,275,000.00); WHEREAS, the Other Terms and Conditions of this Purchase and Sale Agreement require the Purchaser to bear the cost of certain work and services required to convey the tract. NOW THEREFORE, in consideration of the terms and conditions of this Agreement, the parties agree as follows: A. The Purchaser shall: 1. Make payment in the amount of ONE MILLION TWO HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($1,275,000.00) on or before September 1, 2009. Said payment shall constitute full payment of the sale price for the property described in Exhibit A, attached hereto and made a part hereof. Subject to: Outstanding Rights to other parties of record in Eagle County or in the Exchange Deed to the United States recorded February 9, 1950 in Book 135 at Page 85: 1. Exceptions and reservations contained in the patent from the United States. 2. Existing public utility easements and existing rights of way for roads; ditches and highways. 3. Royalty interests reserved in Warranty Deed recorded October 31, 1969 in Book 216 at Page 31 L ZI,\ _~ 4. Reservations and easements as described in Warranty Deed recorded August 17, 1979 in Book 389 at Page 952. 5. Easements, conditions, covenants, restrictions, reservations and notes on the Forest Boundary Survey recorded January 22, 1985 in Book 405 at page 404. 6. Right of Way Irrigation Water Ditch for Neilson Ditch, also known as Ditch No. 2. 7. Right of Way for powerline purposes for Eagle River Electric Co. (now Holy Cross Electric Association). 8. Easement for County Road to Town of Eagle dated July 20, 1992. Said easement being 40 feet in width, 242 feet in length, Tocated in Tract 47, recorded February 1, 1993 as Reception No. 496530 (in Book 600 at Page 441). B. The Forest Service shall: Upon receipt of payment from the Purchaser, execute and deliver a Quitclaim Deed conveying the property described in Exhibit A to the Purchaser. C. Other Terms and Conditions: 1. This Agreement shall be effective upon execution by both parties. 2. This Agreement shall remain in full force and effect until September 1, 2009, or until the herein required payments are made and a Quitclaim Deed is issued, whichever comes first. 3. Title insurance, if needed by the Purchaser for the real property described herein shall be the responsibility of the purchaser. 4. Both parties hereby certify they have no present knowledge of any undisclosed hazardous substances known to be present on the properties described herein, and further agree to immediately notify the other party of any such finding during. the life of this agreement. Not withstanding such notice, the Forest Service shall furnish a Hazardous Substance Report on the property described herein. 5. This Sale Agreement is legally binding on both parties subject to the terms and conditions herein, provided: 1. The agreement is not terminated by mutual consent or upon such terms as maybe provided in the agreement. 2. No substantial loss or damage occurs to the property(ies) from any cause. 3. No undisclosed hazardous substances are found on the property(ies) prior to the conveyance; 4. Substitute easements are agreed to between the Purchaser and valid holders of Forest Service authorizations. 2 6. All terms and conditions with respect to this agreement are expressly contained herein and-the purchaser agrees that no representative or agent of the U.S. has made representations or promises with respect to this agreement not. expressly contained herein. 7. No Member of Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom unless it is made with a corporation for its general benefit (18 USC 431, 433) This Purchase and Sale Agreement may be executed in counterparts and together shall constitute one agreement. IN WITNESS THEREOF, the parties hereto have executed this agreement. EAGLE COUNTY, a political subdivision of the State of Colorado c - ~~ : ,..~-~J V ~ BY: Date Name & Title: ~~ ~T. ~ ~~f`-' U.S. Department of Agriculture Forest Service Date Exempt from Documentary Fee Pursuant to CRS 39-13-104(1)(a) RANDALL KARSTAEDT Director of Physical Resources Rocky Mountain Region, R-2 According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0105. The time required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. BY: ACKNOWLEDGEMENT STATE OF ) )ss COUNTY OF ) On this day of , 2009, before me, , a Notary Public in and for said State, personally appeared , as of Eagle County, a political subdivision of the State of Colorado, who acknowledged to me that he executed the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public Signature My Commission expires: ACKNOWLEDGEMENT STATE OF COLORADO ) )ss COUNTY OF JEFFERSON ) On this -day of , 2009, before me, , a Notary Public in and for said State, personally appeared RANDALL KARSTAEDT, Director of Physical Resources, Rocky Mountain Region, R-2, Forest Service, U. S. Department of Agriculture, the signer of the within instrument, who acknowledged to me that he executed the foregoing instrument. LV WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public Signature My Commission expires: 4 EXHIBIT A Property that the Forest Service is proposing to sell: Sixth Principal Meridian, Eagle County, Colorado T. 5 S., R. 4 W. Sec. 5, a parcel of land in Section 5 of Township 5 South, Range 84 West of the 6th P.M., Town of Eagle, County of Eagle, State of Colorado being a portion of that land described in Exchange Deed recorded February 9, 1950 in Book 135 at Page 85 (Parent Parcel), and more particularly described as follows: Beginning at Angle Point 7 of Tract 47, monumented with a 3 inch diameter cap on pipe by the Eagle County Surveyor, thence on and along the west line of said Parent Parcel N 1 °56' 11 "E for 918.46 feet to a point from which a G.L.O. brass cap on pipe bears Nl°56'11"E for 373.60 feet and an USDA Forest Service aluminum cap marked WC bears S. 86°52'10" E. 22.25 feet; thence S86°52'10"E for 240.77 feet to a point on the east line of said Parent Parcel described in warranty deed recorded February 9, 1950 in Book 135 on Page 85, from which an USDA Forest Service aluminum cap marked WC bears N. 86°52'10"W. 1.14 feet and an USDA aluminum cap on pipe marked AP 1 bears Nl°52'26"E for 697.27 feet; thence S1°52'26"W for 894.94 feet to a USDA Forest Service Aluminum Monument marked AP-6; thence S87°33'28"W for 242.40 feet to the Point of Beginning. Containing 5.02 acres more or less. AND, Sixty-three and five tenths percent (63.5°Io) of Two-tenths of one cubic foot of water per second of time, absolute, through Ditch No: 2 Ditch (also known as the Neilson Ditch), Priority No. 20, decreed to and used through Ditch No. 17, in Water District No. 37, Colorado State Water Division No. 5, as decreed under date of December 17, 1889, having an appropriation date of May 1, 1884, by the District Court, in and for the County of Eagle, State of Colorado, in the matter entitled in the Matter of the Adjudication of the Priority of Rights to the use of water for irrigation in Water District No. 37; and all ditch diversion and carriage rights associated therewith. 5 TERM SHEET FOR APPROVAL BYEC HOUSING AND DEVELOPMENT AUTHORITYBOARD 1) Requested hearing date: (First choice) June 23, 2009 (Second choice) 2) For County Manager signature: N/A ~ rT 3) Requesting department: Housing & Development Authority 4) Title: Approval of Purchase and Sale Agreement for USFS "Horse Pasture" Parcel 5) Check one: Consent: On the Record: XXXXXXXXx:XX 6) Staff submitting: Alex Potente 7) Purpose: Purchase of Horse Pasture Parcel; this Purchase and Sale Agreement will only be used if title cannot transfer prior to June 25, 2009, as that is the deadline for a binding agreement to purchase the Horse Pasture property must be executed or the property transferred. 8) Schedule: Closing prior to June 25 or shortly thereafter. 9) Financial considerations: $1.275 million 10) Other: ~~ ERf~L~ ~~Ur'vTYR7TORndEY APPI~ ORM ~ ~`. n ' f ~~ By, Eagle County Attorney's Office By' a~ s ounty oFftr~it~rtiian~re' ©ffiee