2016-03-24_REVISION - M1995007 - Laserfiche WebLink

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CONTRACT TO ACQUIRE REAL ESTATE M I o a S—0 d l THIS IS A CONTRACT between JOE THOMECZEK, (hereinafter referred to as "THOMECZEK"), and BENT COUNTY, by and through the BENT COUNTY BOARD OF COMMISSIONERS, (hereinafter referred to as the "COUNTY") of 725 Bent Avenue Las Animas CO 81054,pertaining to the acquisition of a certain parcel of real property located in Be Colorado. WITNESSETH WHEREAS, THOMECZEK is the owner of the following described properly located in Bent County,State of Colorado,to-wit: CEIVED RE See EXHIBIT"A"—LEGAL DESCRIPTION 0� 2o�b APR (hereinafter referred to as the"PROPERTY") ,t RetlamgIon' Safety WHEREAS, THOMECZEK owns five (5) preferred water shares of Lower Arkansas''VV'aTer Management Association("LAWMA")which are used for augmentation of the gravel pit upon the Property (hereinafter referred to as the "LAWMA WATER SHARES");and WHEREAS, THOMECZEK is under an obligation by the State of Colorado's Divisions of Reclamation,Mining and Safety to complete reclamation of the PROPERTY;and WHEREAS, THOMECZEK does not have the current ability to complete the reclamation of the PROPERTY and desires to deed the PROPERTY and transfer the LAWMA WATER SHARES to the COUNTY;and WHEREAS,the COUNTY is desirous of acquiring the Property under the terms and conditions set forth herein. NOW,THEREFORE,IN CONSIDERATION of the promises and conditions express or implied in, or inherent to,this contract,and in consideration of the mutual detriments to be sustained by each party in the performance of this contract,the parties contract as follows: 1. CONSIDERATION AND TERMS. As consideration and in payment for the PROPERTY, COUNTY agrees to pay to THOMECZEK the total sum of ONE DOLLAR AND NO CENTS($1.00);and the COUNTY agrees: a) To assume all responsibility and costs associated with the reclamation of the property. 2. PRICE TO INCLUDE. a) Upon payment as above provided, THOMECZEK shall execute and deliver to the COUNTY a good and sufficient general warranty deed,free and clear of all liens and encumbrances except any easements,mineral reservations or exceptions,restrictive covenants and improvement districts of public record. b) At Closing,THOMECZEK shall execute and deliver to the COUNTY all paperwork necessary to transfer the five(5)LAWMA preferred water shares. c) At Closing, THOMECZEK shall execute and deliver to the COUNTY all transfer documents necessary to transfer mining operation to the COUNTY. 3. TITLE. Title to the real property and the water shares made the subject of this agreement shall be good and marketable by THOMECZEK at the time of delivery of the agreed Warranty Deed. 4. TAXES. 2015 real property taxes shall be paid by THOMECZEK. 2016 real property taxes shall be pro-rated to date of closing. 2016 real property taxes and all subsequent years shall be the responsibility of the COUNTY. 5. WATER SHARE ASSESSMENTS and MINING PERMIT FEES: The COUNTY shall pay all water assessments required by the LAWMA and the current MINING PERMIT FEES.