HomeMy WebLinkAboutSONORAN VIEW ESTATES - Filed OA-OTHER AGREEMENTS - 2002-12-02AGREEMENT OF SALE AND PURCHASE
THIS AGREEMENT, made and entered into this N� day of Tfj_k4 e,
198 by and between COOPER MOTORS, INC., a Colorado Corporation ("Seller"),
and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("Purchaser"),
WITNESSETH:
In consideration of Ten Dollars in hand paid and the mutual covenants and
obligations herein expressed, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree to be legally bound as follows:
1. Seller agrees to sell to Purchaser and Purchaser agrees to purchase
that certain real Property situated in the County of Larimer, State of
Colorado, more particularly described on Exhibit "A" attached hereto and by
this reference made a part hereof, together with all improvements and
appurtenances thereto, subject to reservations or restrictions of record,
easements and rights -of -way of record or in place and restrictive covenants.
Said real property, improvements, and appurtenances shall hereafter be
collectively referred to as "the Property".
2. Seller agrees to convey the Property to Purchaser at the time of
closing by good and sufficient general warranty deed, conveying fee simple
title, free and clear of all liens and encumbrances. Seller agrees to furnish
to Purchaser on or before June 30, 1987, at Purchaser's expense, a commitment
for a title insurance policy in an amount equal to the purchase price, showing
merchantable title, and after closing furnish the title policy.
3. As the full purchase price therefor, Purchaser agrees to pay to
Seller the purchase sum of $3,978. The Purchase price shall be paid in full by
check at time of closing.
4. Closing of the within transaction shall be held on or before the 23rd
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# 86071706 _ /09/86 11 : 02 : 05 # OF Pc. DES - 2 FEE - $6.00
J. RECORDER - LARIIER r7011'VTT'Y, CO. STATE DOC. FEE- c.010
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, SANFORD B. THAYER and WYNONA B. THAYER executed a certain Deed
of Easement to the City of Fort Collins for the installation of storm drainage
improvements, which easement covers land in Larimer County, Colorado,
described on Exhibit "A".
NOW THEREFORE, UNITED BANK, the holders and owners of a Deed of Trust
recorded in Book 1367 at Page 327, October 2, 1967, of the Larimer County,
Colorado records, for a valuable consideration, the receipt of which is hereby
acknowledged, hereby consents to the terms and provisions of said easement
aforesaid without, however, joining in any of the warranties, guarantees or
indemnities contained therein, and agree that the subject Deed of Trust shall
be subordinate to such easement in the event of foreclosure thereof.
UNITED BANK , as assigned to the
United B4�ik of Lakewood`, NA
By
STATE OF COLORADO)
)ss
COUNTY OF E*RiMER)
Subscribed and sworn to before me by
L�
d5
Witness my hand and official seal.
My Commission expires:
Notary Public
Address:
LEGAL DESCRIPTION
STORM SEWER EASEMENT
A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 7 NORTH, RANGE
69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT
COLLINS, LARIMER COUNTY, STATE OF COLORADO.
CONSIDERING THE WEST LINE OF LOT 10, SONORAN VIEW
ESTATES, AS BEARING N 000 23' 00" W WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO.
BEGINNING AT THE SOUTH EAST CORNER OF LOT 11, SONORAN
VIEW ESTATES, THE TRUE POINT OF BEGINNING; THENCE
N 000 23' 00" ALONG THE WEST LINE OF LOT 10 OF SONORAN
VIEW ESTATES, 39.00 FEET; THENCE S 89' 35' 00" E 58.00
FEET TO THE WEST BANK OF THE NEW MERCER CANAL; THENCE
ALONG THE WEST BANK OF SAID CANAL S 190 21' 13" W
41.25 FEET; THENCE CONTINUING ALONG THE WEST BANK OF
SAID CANAL S 080 22' 50" W 15.14 FEET; THENCE N 89" 35'
W 41.69 FEET MORE OR LESS'TO THE WEST LINE OF LOT 10;
THENCE ALONG THE WEST LINE OF SAID LOT 10, N 00° 23' DO"
15.00 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 0.0604 ACRES MORE OR LESS.
ALSO A THIRTY FOOT WIDE STRIP OF LAND CONTIGUOUS TO AND
NORTH OF THAT PARCEL DESCRIBED IN BOOK 1933 AND PAGE
186 OF THE LARIMER COUNTY RECORDS. THE EAST BOUNDARY
OF SAID 30 FOOT STRIP IS THE EAST PROPERTY BOUNDARY OF
LOT 10 SONORAN VIEW ESTATES. THE WEST BOUNDARY IS THE
NEW MERCER DITCH.
SAID TRACT OF LAND CONTAINS 0.0641 ACRES MORE OR LESS.
W
Projec cation: Fairbrooke Pond Outfall City of Fort t- ins, Colorado
West Prospect Road
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Fairbrooke Detention Pond
Existing Ponds
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1. Fairbrooke Pond Outfall 1
Longworth Road
Drainage Easement B
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+Drainage Easement
A
3 Drainage Easement A —
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Riprap Slope Protection
15'
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MAP #2
day of June, 1987, at such hour and place as shall be agreed upon by the
parties hereto. On or before the date and hour of closing, all taxes and
assessments against the Property for previous years shall be paid by Seller;
and, in addition, taxes and assessments for the current year up to date of
closing shall be paid by Seller. Rents, utilities, insurance and accrued
interest on mortgages to be assumed by Purchaser, if any, shall be prorated as
of the date of closing.
5. Possession of the Property shall he given to Purchaser at the time of
closing.
6. Any notices required or desired to be given under this Agreement
shall be deemed delivered if given personally to the party, or if mailed to the
party at the following address:
Seller: F. W. Michael
Cooper Motors, Inc.
P.O. Box 1982
Fort Collins, Colorado 80522
Purchaser: City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
Any notices mailed shall be sent by Certified Mail, Return Receipt Requested,
postage prepaid and shall be deemed delivered three (3) days after deposit in
the mails.
7. In the event the Property shall be damaged by fire or other casualty
prior to the time of closing, in an amount of not more than ten percent (10%)
of the total purchase price, Seller shall be obligated to repair the same
before the date herein provided for closing. In the event such damage cannot
be repaired within said time or if such damage shall exceed such sum, this
contract may be cancelled at the option of the Purchaser. Should Purchaser
2
elect to carry out this Agreement despite such damage, then Purchaser shall be
entitled to the credit for the insurance proceeds resulting from such damage,
not exceeding, however, the total purchase price.
8. Time is of the essence hereof. Unless a non -defaulting party shall
elect to treat the contract as being in full force and effect as hereinafter
provided, if any payment or other condition hereof is not made, tendered or
performed by either Seller or Purchaser as herein provided, then this contract
shall be null and void and of no effect, and both parties hereto shall be
released from all obligations hereunder. In the event of such default by
Purchaser, and Seller elects to treat the contract as terminated, then all
payments made hereunder shall be forfeited by Purchaser and retained by Seller.
In the event of such default by the Seller, and Purchaser elects to treat the
contract as terminated, then all payments made hereon shall be returned to the
Purchaser. In the event, however, the non -defaulting party elects to treat
this contract as being in full force and effect, then nothing shall be
construed to prevent its specific performance. The non -defaulting party shall
be entitled to reasonable attorneys' fees and expenses incurred by said party
in any effort to collect the money due or enforce said party's rights under
this contract.
9. Seller acknowledges and agrees that this Agreement of Sale and
Purchase is expressly contingent upon its approval by the City Council of the
City of Fort Collins (the "Council") and upon the Council's budgeting and
appropriation of funds in an amount sufficient to fulfill the Purchaser's
obligations hereunder, both of which events must occur on or before June 16,
1987. This contingency runs only in favor of the Purchaser and, in the event
of the failure of said contingency, Purchaser may, at its option, terminate
this Agreement by written notice to Seller on or before June 19, 1987, in which
3
event any monies theretofore paid to Seller by Purchaser shall be refunded and
all other obligations of parties hereunder shall cease.
10. This Agreement shall be binding upon the parties hereto, their heirs,
personal representatives, successors and assigns.
11. Whenever used herein, the singular shall include the plural, and the
plural shall include the singular; and the use of any gender shall be
applicable to all genders.
12. The within contract shall not be assigned without the other party's
prior written consent.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day
and year first above written.
ATTEST:
a4-r- t0
Secretary
ATTEST -
City Clerk
APPROVED AS TO FORM:
4ytLorney
COOPER MOTORS, INC.,
A Colorado Corporation
' r
President
CITY OF FORT COLLINS, COLORADO, A
Municipa Corporation
By
'City Manager
m
State of Colorado
1 ss
County of Larimer)
The foregoing instrument was acknowledged before me this ? day of
4 , 1987, by F.W. Michael as President and
Alice C. Rule
as Secretary of Cooper Motors, Tnc.
Witness my hand and official seal.
Notary Public
My Commission expires:
i
EXHIBIT "A"
1"=60'
N.W.
jSec.
40'
Corner
22-7-69
WEST PROSPECT ROAD
R=15.00'
Chd.=N' 45'05'E - 21.38'
0
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N
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Chd=S45005'W - 21.38'
5,924.47 Sq. Ft.
LOT 1
97222-05-001
Cooper Real Estate & Dev. Corp.
P.O. Box 1982
(1324 N. College Ave.)
Fort Collins, Colorado
80522
S 89038'E - 10.00'
0
v
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, SONORAN VIEW
ESTATES SUBDIVISION, NOW IN THE CITY OF FORT COLLINS, THENCE
N 00022'W - 284.80', THENCE ALONG THE ARC OF A 15.00' RADIUS
CURVE TO THE RIGHT A DISTANCE OF 23.80', THE LONG CHORD OF WHICH
BEARS N 45005'E - 21.38', THENCE S 89028'E - 274.16' TO THE
NORTHEAST CORNER OF SAID LOT 1, THENCE S 00032'W - 10.00', THENCE
N 89023' W - 264.00', THENCE ALONG THE ARC OF A 15.00' RADIUS
CURVE TO THE LEFT A DISTANCE OF 23.80', THE L014G CHORD OF WHICH
BEARS S 45005' W - 21.38', THENCE S 00' 22' E - 274.64', THENCE
N 89028' W - 10.00' TO THE POINT OF BEGINNING.
CONTAINING 5,924.47 SQUARE FEET.
RCPT_V # 86066329 11/13/86 11:35:13 # OF PACES — 2 FEE — $6.00
J. OLVANG, RECORDER — LARIMER COU'1TY, CO. STATE DOC. FEE— 8.00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, AUSTIN KENT ANDREWS and MARY JO ANDREWS executed a certain Deed
of Easement to the City of Fort Collins for the installation of storm drainage
improvements, which easement covers land in Larimer County, Colorado,
described on Exhibit "A" attached.
NOW THEREFORE, FIRST INTERSTATE BANK OF FORT COLLINS, N.A., the holders
and owners of a Deed of Trust Reception No. 86036767 of the Larimer County,
Colorado records, for a valuable consideration, the receipt of which is hereby
acknowledged, hereby consents to the terms and provisions of said easement
aforesaid without, however, joining in any of the warranties, guarantees or
indemnities contained therein, and agree that the subject Deed of Trust shall
be subordinate to such easement in the event of foreclosure thereof.
FIRST INTERSTATE BANK OF FORT
COLLINS, N.A.
� ll
STATE OF COLORADO)
)ss
COUNTY OF LARIMER)
Subscribed and sworn to before me by Larry D. Wood
as Mice President
Witness my hand and official seal.
My Commission expires: _Ncommisskm ex; i6es Septerrber7,190,
Lot
ry , ubl i c
drer: 205 W nak--�
Fort_ Collins, CO 80521
EXHIBIT "A"
LEGAL DESCRIPTION
STORM SEWER EASEMENT
A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NW 1/4
OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 69 WEST, OF THE 6TH
PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, LARIMER COUNTY,
STATE OF COLORADO.
CONSIDERING THE EAST LINE OF LOT 11, SONORAN VIEW ESTATES,
AS BEARING N 000 23' 00" W, WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO.
BEGINNING AT THE SOUTH EAST CORNER OF LOT 11 OF SONORAN
VIEW ESTATES, THE TRUE POINT OF BEGINNING, THENCE S 89° 37' 00" W
5.00 FEET; THENCE ALONG A CURVE TO THE LEFT 44.84 FEET WITH A
RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 51° 22' 53",
THE CORD BEARS N 250 16' 29" W 43.35 FEET; THENCE S 89° 35' 00" E
23.25 FEET MORE OR LESS TO THE EAST LINE OF SAID LOT 11;
THENCE ALONG THE EAST LINE OF SAID LOT 11 39.00 FEET TO
THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 0.0127 ACRES MORE OR LESS.
1 HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION ACCURATELY
DESCRIBES A FIELD SURVEY MADE UNDER MY SUPERVISION AND IS CORRECT
TO THE BEST OF MY KNOWLEDGE.
��t�t;u!tur��;r��•
R•�R �fl
Projec cation: Fairbrooke Pond Outfall City of Fort t- .ins, Colorado
West Prospect Road
l;
Fairbrooke Detention Pond
Existing Ponds
Fairbrooke Pond Outfall \
Longworth Road
Drainage Easement B
a
Drainage Easement a
I A
I39' a
� 2
5� Ri
1 IT
rProperty Line
Drainage Easement A 30
ip Slope Protection
Property Line
a
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MAP #2