HomeMy WebLinkAbout270292 LAND TITLE GUARANTEE COMPANY - CONTRACT - CONTRACT - 2207046 TAFT HILL ROADSent By: CITY RIGHT OF WAY; 970 416 2209; Oct-3-02 7:11AM;
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AGREEMENT TO AMEND/EXTEND AGREE ENT
OF PURCHASE AND SALE OF REAL PRfO., RTY
Re: Agreement of Purchase and Sale of Real
September, 2002 between Geraldine Mae Ahnstedt, the "
COLLINS, COLORADO, a Municipal Corporation, "the
of the following described real estate in the County of La
See attached Exhibit "A" which is incorporated
Purchaser and Seller hereby agree to amend the
1. Paragraph 3 B. shall be changed as follows: The
in the amount of Three hundred Forty-six Tho
Dollars ($346,360.00) subject to closing costs
hereinafter provided, shall be payable as folio,
a. Thirty Thousand Dollars ($30,000) shall bi
pending the clean-up of the site in accordanc
release of these funds to the Seller, atthe sole
shall be given In writing to the escrow ages
inspected and approved the site clean-up. If t
or before December 31, 2002, to the satisfac
sole discretion, the Purchaser may withdraw
escrow agent in order the accomplish the cie
b. The balance of the purchase price in the at
Sixteen Thousand Three Hundred Sixty Dc
payable at closing, as hereinafter set forth.
3. Paragraph 21 S. shall be change as follows: The
be October 9, 2002.
Said Agreement of Purchase and Sale of Real Property sh
effect, except as modified above.
SELLER:
Date: By: ✓ aFs6- l °?it
Geraldine Mae Ahnste
Vega ie
aid the a day of
rHE CITY OF FORT
, ri lating to the sale
by this reference
as follows:
oft a purchase price
hroe Hundred Sixty
orrary proratlons, as
Bid in 4scrow at closing
ith paragraph 21 A. The
,retion�of the Purchaser,
liter the Purchaser has
site Is hot cleaned up on
i of th$ Purchaser, at its
v and all funds from the
Three hundred
16.3601 shall be
in full force and
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23. Binding Effect. This Agreement shall be bindi upon: and inure to the
benefit of the parties hereto and their respective heirs, admihi trators� successors and
assigns.
24. Brokers. The Seller and the Purchaser each rep , ent aro warrants to the
other that the Purchaser has not employed, retained or consul d any broker, agent or
other finder with respect to the Property, and the Seller and t 1'e Purchaser shall each
indemnify and hold the other harmless from and against all clap` s, demands, causes or
action, debts, liabilities, judgements and damages, including, wit out limitation, costs and
attorney's fees Incurred in connection with the foregoing, wN. h mad be asserted or
recovered against the other on account of any brokerage fl,. , comdnission or other
compensation arising in breach of this representation and warm' ty.
25. Authority. The persons who have executed this S reemeht represent and
warrant that they are duly authorized to execute this agreemi,nt In their Individual or
representative capacity as Indicated. a
26. Facsimlle Sianatures. The parties agree that facsimile signatures shall be an
acceptable means of executing this Agreement; however, Agf ementj executed with
original signatures shall be provided to each party prior to closihi.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
SELLER:
Date:. 'Aj-,r.�"A l
Mae
Sent By: CITY RIGHT OF WAY;
Date:— R - % o . 0a —
TTE ST.
APP. ROVED AS TO FORM
Assistant City Afto"'V
970 416 2209; Oct-3-02 7:14AM; Page 12/13
PURCHASER;
THE CITY OF FORT C LLIN$, COLORADO
a Municipal Corporatil n
M4
U
Sent By: CITY RIGHT OF WAY;
970 416 2209;
Oct-3-02 7:14AM;
Page 13/13
Exhibit FEE
LEGAL DESCRIPTION
Page 1 Of I
A TRACT OF LAND SITUATE IN THE NE 1/4 OF SECTION 23. TC vNsHiF 7 NORTH, RANGE 69
WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF CQi RADC? AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING TW EAST LONE OF THE NE 114 OF
SAID SECTION 28 AS BEARING NORTH AND WITH ALL BEAR I GS CONTAINED HEREIN
RELATIVE THERETO:
BEGINNING AT A POINT ON THE WEST LINE OF HEINEMANN'S SPRINGICREEK
SUBDIVISION, A SUBDIVISION OF A PORTION OF THE NE 114 Q SAID #CTION 28,
WHICH POINT BEARS S 88 DEGREES 41' W, 230.00 FEET AND Ak AIN S 9117,82 FEET FROM
THE NE CORNER OF SAID SECTION 28; THENCE N 89 DEGREEr to, W, ;123.10 FEET;
THENCE SOUTH 387,76 FEET; THENCE N 83 DEGREES 34' E, 973'32 FEET#: THENCE NORTH
130 FEET; THENCE N 88 DEGREES 34' E. 150 FEET; THENCE NORTH 2008 FEET TO THE
POINT OF BEGINNING. and also
i
LOT 10, HEINEMANN'S SPRING CREEK SUBDIVISION, COUNTY F LARILI£R, STATE OF
COLORADO; and also
TRACTS H AND 1, HAMPSHIRE POND PUD, CITY OF FORT CCL'LNS, LA$IMER COUNTY,
COLORADO. tt
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Date: Q_) - y.
ATTEST:
APPROVED AS TO FORM:
Assistant City Attorney
PURCHASER:
THE CITY OF FORT
a Municipal Corporat
City
COLORADO,
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Exhibit FEE s Page 1 Of 1
iJ
IEGAI.DESCRIPTION
A TRACT OF LAND SITUATE IN THE NE 1/4 OF SECTION 28.1 WNS141p 7
WEST OF THE 6TH P.M., COUNTY OF LARI,MER, ST(NORTH. RANGE 69
ATE OF CI:) :pRApq AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING TN
EAST ONE OF THE NE 1/4 OF
SAID SECTION 28 AS BEARING NORTH AND WITH ALL BEAR? 1 ?GS CONTAINED HEREIN
RELATIVE THERETO:
BEGINNING AT A POINT ON THE WEST LINE OF HEINEMANI
SUBDIVISION, A SUBDIVISION OF A PORTION OF THE NE 114
WHICH POINT BEARS S 88 DEGREES 41- W, 230.00 FEET AND
THE NE CORNER OF SAID SECTION 28; THENCE N 89 DEGREJ
THENCE SOUTH 382.76 FEET; THENCE N 83 DEGREES 34' E, 9
130 FEET; THENCE N 88 DEGREES 34' E. 150 FEET; THENCE
POINT OF BEGINNING; and also
LOT 10. HEINEMANN'S SPRING CREEK SUBDIVISION.
COLORADO, and also
TRACTS H AND 1, HAMPSHIRE POND PUD. CITY OF FORT
COLORADO.
"W"'12 CREEK
SAID SECTION 28,
1(N S 517.82 FEET FROM
0' W..123.10 FEET:
2 FEET, THENCE NORTH
PH 20E.,,48 FEET TO THE
LARIMER, STATE OF
ER COUNTY,
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[AHNSTED2001AGR.WPD Rev. 9/13/021 ! j
AGREEMENT OF PURCHASE D SALE OF REAI J, PROPj RTY
Dated 2002
THIS AGREEMENT, is made and entered into by and belt een GgRALDINE MAE
AHNSTEDT, hereinafter referred to as "the Seller", and THE C11 Y OF .PORT COLLINS,
a municipal corporation, hereinafter referred to as "the Purchase
WITNESSETH:
For and in consideration of the promise of the Purchaser to purdhase and of the
Seller to sell the real estate described in Paragraph 1, herelna r, andlother good and
valuable consideration, the receipt and adequacy of which are hereby.,confessed and
acknowledged, the parties agree to be legally bound whereby the:. eller ;roes to sell and
the Purchaser agrees to purchase the said real estate on th4 terms+and conditions
hereinafter set forth. I
1. Descriotion of Real Property. The real estate whic1h is the subject matter of
this Agreement of Purchase and Sale is that certain parcel of rea: property located in the
County of Larimer, State of Colorado, which real property is dad; ribed do Exhibit "FEE"
attached hereto and incorporated by reference together with II improvements and
appurtenances thereto. Said real property and personal propil y shaE� be hereinafter
referred to as "the Property". The Property shall include',. ny fences, buildings,
landscaping, and other improvements now located thereon, in uding ell fixtures of a
permanent nature. The Property shall also include all water righ , inelutfing well water,
water taps, gas taps and sewer taps belonging or in any way a pertaining thereto. In
addition, the Property shall include all of the Seller's right, bt*! and interest in and to
casements, rights -of -way, future interests and rights to the samel' longi and inuring to
the benefit of the Property, and In and to all strips and gores of nd lyi_ g between the
Property and adjoining Property or streets, roads or highways, opn or ptloposed.
2. Method of Conveyance. The Seller agrees to sell to a Purchaser and the
Purchaser agrees to purchase from the Seller, subject to the term and conditions as set
forth herein, the Property. The Property shall be conveyed at time of closing to the
Purchaser by general warranty deed, free and clear of all liens and wcumgrances, except
and subject to the following:
A. Any restrictions, reservations or exceptions t ntaine{1 in any United
States or State of Colorado patents of record
B. All zoning and other governmental rules
C. Statutory lien rights resulting from the inclusi6o of the property in any
special taxing district or improvement distric4
D. All oil, gas or other mineral reservations or 614eption8 of record; and
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V
E. General property taxes, assessments and', $h
subsequent years.
3. PuMhase Price. The purchase price of the
Fifty Thousand Dollars ($350,000.00) and shall be I
Sellers as follows:
A. The sum of Three Thousand Six
($3,640.00), and other good and valuable
by the Purchaser to the Seller, and 4
consideration, for the floodplain, slope a
easements.
B. The balance of the purchase price in the
Forty -Six Thousand Three Hundred Si
subject to closing costs and customary
provided, shall be payable by check from
at the time of closing, as hereinafter set I
4, Title Insurance. The Purchaser has obtained, a -
insurance commitment in an amount equal to the purchase F
commitment obtained by the Seller shall show marketable title to
subject only to those items set forth in Paragraph 2 hereinabo,
insurance commitment discloses title defects subject to which th1
title, written notice by Purchaser shall be given to the Seller wit
after receipt by Purchaser of title commitment or any title chan4
such defect within a reasonable amount of time, at her expe
manner affecting the terms of this Agreement. If any instrumer
in order to obviate a defect in or objection to title, the following
instrument shall be in such form and shall contain such terns
reasonably required by the title insurance Company so as
sufficiently for it to omit such defect or objection; (b) Any such d
the said title insurance company; and (c) the Seller agrees to e:
deliver any such instrument and to make any such deposit. In IN
company refuses to omit any title defect or objection prior to clt
shall, at its election, have the right to accept such title as the
without any reduction of the purchase price; or the Purchaser sh<
this Agreement and, upon such rescission pursuant to this para4
be entitled to the return of the amount of money theretofore paid
and upon such payment, this Agreement shall be null and void ar
all parties to this Agreement shall be released from all
Notwithstanding the foregoing, in the event the inability of the Se
title to the Purchaser is due to an act or omission of the Seller, th
and shall continue to be liable hereunder.
5. Closina. The closing of this transaction shall be hi
31, 2002, at 2:00 p.m. at Land Title Company, 3615 Mitchell DO
or at such other reasonable time, date or location as the parties
7:12AM; Page 6
the
In
for 2001 and all
five (
The
is
,the
no
Three Hundred
urchaser to the
Forty Dollars
on in hand paid
and valuable
iry construction
Three Hundred
r ($346,360.00),
, as hereinafter
iser to the Seller
xpense, a title
title Insurance
ty in the Seller,
event said title
r need not take
calendar days
eller shall cure
it in any other
;it is necessary
(a) Any such
Dns as may be
said company
II be made with
cnowledge and
I title insurance
the Purchaser
able to convey.
right to rescind
>urchaser shall
sr or her agent;
Cher effect, and
1s hereunder.
Fey marketable
all be in default
1 or before December
>rt, C411ins, Colorado,
mutu4ily agree upon.
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6. Possession. Purchaser obtained the Property nede saryt constructtheTaft
Hill Road Projects through the Agreement of Possession and tl a Agretiment dated May
2, 2001 and recorded at Reception #2001037474. Possession f the remaining property
shall be delivered to the Purchaser on or before December 31 002.
7. Proration. Real property taxes and assessments nd similar expenses, in
accordance with local practice, shall be prorated as of the date Of closirjg.
8. Remedies on Default. If any note or check re& ived ad earnest money
hereunder or any other payment due hereunder is not paid, ht. ored dr tendered when
due, or if any other obligation hereunder Is not performed as he in provided, there shall
be the following remedies:
A. If the Purchaser is in default, then the 'amoi
money deposit shall be
forfeited by the Purchaser and retained on
ehalf of the Seller, and
the Seller may recover such damages as rr`
be proper, or the Seller
may elect to treat this Agreement as being i.hfull
forge and effect, and
the Seller shall have the right to an action f6i:.
specific performance or
damages, or both.
B. If the Seller is in default, the Purchase,. ay a ct to treat this
Agreement as terminated, in which case all ayme is and things of
value received hereunder shall be returned t the P rchaser, and the
Purchaser may recover such damages a9may bo proper, or the
Purchaser may elect to treat this Agreemerd 3s beino in full force and
effect, and the Purchaser shall have the righ to an action for specific
performance or damages, or both.
9. Attorneys' Fees and Costs. In the event either ICtasond,ble
the rdspective parties
hereto shall default in any of their covenants or obligations here 1provid and the party
not in default commences and prevails in any legal or equ.fle acfon against the
defaulting party, the defaulting party expressly agrees to pay all expenses of
said litigation, including a reasonable sum for aftomeys' fees. !,
10. Governing Law. It is expressly understood and
parties hereto that this Agreement is made in and shall be c
accordance with the laws of the State of Colorado.
11. Notices. Any notice or other communication give
the other relating to this Agreement shall be hand delivered
certified mail, return receipt requested, addressed to such othe
address as setforth below: and such notice or other communicat
when so hand delivered or on the third business day after whet
If to Seller:
Geraldine Mae Ahnstedt
2813 South Taft Hill Road
Fort Collins, CO 80526
by and between the
d afrd Interpreted in
eithatitheir
• party hereto to
seny registered or
arty respective
shall deemed given
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If to Purchaser:
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to:
Ron Mills, Real Estate Services
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
12. Assignment. This Agreement shall not be assigne4 by either of the parties
hereto without the prior written consent of the other party, whi h consi3nt shall not be
unreasonably withheld.
13. Maintenance of the Property. The Seller shall keep', r cautlie to be kept, the
Property in its condition as of the date hereof until the closing of is transaction, subject
esnotti, to normal wear -and -tear and seasonal changes, and agremmiforpermit waste
thereon.
14. Representations of Seller. The Seller represents Bill warrants as of the date
hereof and as of the date of closing that the following are true an# correi#:
A. There is no litigation proceeding pending (or lthe Seller's knowledge
threatened) against or relating to any part of he Property, nor does
the Seller know of or have reasonable grouri s to know of any basis
for any such action;
B. The Seller has no knowledge of any ending i or threatened
condemnation or eminent domain proceedi g with;, respect to the
Property or any part thereof;
C. The Seller has not received notice of, and to he be# of the Seller's
knowledge, there are no violations of any law , order4, regulations or
requirements of any governmental authority alfectingithe Property or
any part thereof:
D. The Seller has the unconditional right and; 00wer tb execute and
deliver this Agreement to consummate this nsactidn;
E. The Seller has not received notice of clefeLift or breech by them or
under any of the covenants, conditions, restO lions, Tights -of -way or
easements affecting the Property or any po tion th reof; no such
default or breach now exists or will exist on the ate of ;losing; and no
event has occurred and Is continuing which; with orwithout notice
4
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1
and/or the passage of time, shall
under any thereof;
or breach
F. To the best of the Seller's knowledge, the+
roperty has never been
used as a landfill or waste dump; there has..
een no installation in, or
production, disposal or storage on the P
arty 4 any hazardous
waste .or other toxic substances by S
hers, (Sellers' agents,
employees, or assigns, any tenant or PrON
ous owner or previous
tenant; nor has there been any other adi
ity that is known to or
reasonably could have resulted in an
vironrhental condition
requiring investigation or remediation on the:
roperty; and there is no
anticipated, threatened or pending proceeding
.
of inquiry by any
governmental authority or agency with .
sped hereto. Seller
represents that it has provided to Purchaser.;
II envirmnmental reports
In its possession; and,
G. To the best of the Seller's knowledge, no pry erty in fhe vicinity of the
Property has ever been used as a landfill rar waste dump; there has
been no installation in, or production, disposa ors
r stor>jlge in the vicinity
of the Property of any hazardous waste or of er toxic; substances by
any owner, tenant or previous owner or preti us teront or any other
activity which could have resulted in an ` vironMenial condition
requiring investigation or remediation on the! roperty', and there is no
anticipated, threatened, or pending proce? ing or inquiry by any
governmental authority or agency with ret ect to jproperty in the
vicinity of the Property that may relate to the.; nditit5n of or need to
take Investigative or remedial action on the I Inertyi
15. Casualty. In the event that the Property is substa ially dimaged by fire,
flood or casualty between the date of this Agreement and the dat. of clo Ing of title, this
Agreement may, at the option of the Purchaser, be declared null a void 4nd of no further
force or effect; and all the parties to this Agreement shall be releb ad froall obligations
hereunder; and the Purchaser shall be entitled to a refund of the a ount If money, if any,
theretofore paid to the Seller or her agent.
16. Headings. Paragraph headings used herein are for 041venience of reference
and shall In no way define, limit or prescribe the scope or intent of aby pro4sion under this
Agreement.
17. Terms Survive Closino. To the extent necessary to i rry outall of the terms
and provisions hereof, the said terms, obligations and rights si forth herein shall be
deemed not terminated at the time of closing; nor shall they be r1q.eessarily merged with
the various documents executed and delivered at such time.
18. Construction. Words of the masculine gender shalliit udet feminineend
neuter gender and when the sentence so indicates, words of the ri: uter gohder shall refer
to any gender. Words in the singular shall include the plural, nd vicb versa. This
Agreement shall be construed according to its fair meaning, and s If prepared by both
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parties hereto, and shall be deemed to be and contain the 011tire understanding and
agreement between the parties hereto. There shall be deemii d to bO no other terms,
conditions, promises, understandings, statements orrepresenta ', n, expgessed or implied,
concerning this Agreement unless set forth in writing and signek by both parties hereto.
19. Time is of the Essence. It is agreed that time shag. of th a essence of this
a
Agreement and each and every provision hereof.
20. fnl2ectin. The Purchaser or any designee, shill. have the right to make
inspection of the physical condition of the Property and the impr3 . menu located thereon
at the Purchaser's expense, Such Inspections may include, biu shall Mot be limited to,
inspections regarding compliance with any environmental protect on, polotlon or land use
law, rules or regulations, including, but not limited to, any laws t.; ating tb the disposal or
existence of any hazardous substance or other regulated substri a in orlon the Property_
If written notice of any unsatisfactory condition, as determiri d at " urchasefs sole
discretion, signed by Purchaser discretion, signed by Purchase.: is notireceived by the
Seller on or before 15 days prior to the date of closing as statb In Pafagraph of this
contract, the physical condition of the Property and the improvn nts loo
h terrted theron shall
be deemed to be satisfactory to the Purchaser. Upon sucni. ` lion, oil payments and
things of value received hereunder by the Seller shall be turnek to the purchaser. The
Purchaser is responsible and shall pay for any damage which o `urs to the Property and
the improvements located theron as a result of such insoectlon9.
21. Sonit09encies. This contact is subject to the follow Ing contingencies:
A. Purchaser's Contingency: The Parties rea ize thr� the Property is
in Larimer County. However, it is agreed between the Parties that it s Agreement is hereby
made expressly contingent upon the Seller using the health aim J sanitation standards
contained in Article 2 of Chapter 12 of the Code of the City of rt Coigns for property
clean up.
B. Seller's Contingencies: Seller obtaining ceptable replacement
property and obtaining financing for replacement property by Se O emberW, 2002. This
contingency shall be deemed to have been satisfied unless Sell r notifies Purchaser In
writing of the failure of such contingency by September 30, 2002.1
22. Exclusions,
The Purchase Price excludes the following items:
Landscaping items, including but not" lted try, spring bulbs,
rhizomes, perennial plants and one warf A�,Iberta Spruce,
landscape rocks, ties and timbers alon driveu'yay and behind
house. 9
2. Household Appliances Miscellane s: Washer, dryer,
refrigerator, stove, freezer and two 1fl . 12' mbtal sheds.
0