HomeMy WebLinkAbout20131058.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO
COUNTY ROAD 23 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
JAMES AND MARGARET MATTHEWS / SHIRLEY TREGONING LIVING TRUST AND
MERRILL TREGONING
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Purchase of
Right -of -Way and Temporary Construction Easement for Certain Improvements to County
Road 23 between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and James and
Margaret Matthews, 10624 Highway 92, Windsor, Colorado, 80550, and Shirley Tregoning Living
Trust and Merrill Tregoning, 518 Chestnut Street, Windsor, Colorado, 80550, with terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for the Purchase of Public Right -of -Way and Temporary
Construction Easement for Certain Improvements to County Road 23 between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, and James and Margaret Matthews, and Shirley
Tregoning Living Trust and Merrill Tregoning be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any necessary documents.
au Plus(n
2013-1058
EG0068
AGREEMENT FOR PURCHASE OF PUBLIC RIGHT-OF-WAY AND TEMPORARY
CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 23 - JAMES AND
MARGARET MATTHEWS / SHIRLEY TREGONING LIVING TRUST AND MERRILL
TREGONING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of May, A.D., 2013.
ATTES
Weld County Clerk to the Bo
BY:
Deputy Clerk to the Bo
APP :%v DAS
y A torney
Date of signature: 42
BOARD OF
WELD C
Barbara Kirkmeyer
UNTY COMMISSIONERS
Y. COLORADO
William`h. Garcia, Chair
.ugl-s Rademacher, Pro-Tem
can P. Conway
Mike Freeman
EXCUSED
2013-1058
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: April 26, 2013
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda
Agreement for Purchase of Public ROW and Temporary Construction Easement for
improvements to WCR 23 with James and Margaret Matthews, Shirley Tregoning LT and
Merrill Tregoning in the amount of $8,700.
M.\Francie\AGENDA memos \AgendaLeon-3 docx
2013-1058
BOARD OF COUNTY COMMISSIONERS
REVIEW/ WORK SESSION REQUEST
RE: Agreements for purchase of Right of Way on WCR 23 and State Highway 392 intersection
improvement project.
DEPARTMENT: WELD COUNTY PUBLIC WORKS DEPARTMENT DATE: April 19, 2013
PERSON REQUESTING: Dave Bauer, Public Works Director, Wayne Howard, County Engineer, Leon
Sievers, Right of Way Agent
Brief description of the problem/issue:
Weld County is performing the ROW acquisition efforts for this project including acquisition for CDOT ROW on SH
392. Now that historical clearances do not appear to be problematic PW is moving forward on completing the acquisition
of 8 parcels for our joint WCR 23/SH392 intersection improvement project with the Severance, Windsor, and CDOT. At
this time we have obtained agreements with all landowners and we are ready to proceed with the Boards review and
approval on the agreements negotiated for the necessary interests. The acquisition process has been reviewed and
approved by CDOT, as CDOT oversight is required due to the federal funding. Timing is of the essence as PW is ready to
advertise this project for construction and CDOT final clearances are still pending for ROW (upon issuing checks) and
Environmental clearances. We anticipate the project to take the majority of the 2013 construction season and we will be
up against fall weather for completion.
Attached is a summary of the total ROW required which includes 8 agreements with 7 landowners totaling $184,183.00.
The estimated budget amount for the ROW was $200,000. Weld County will use this expenditure as part of the required
20% matching funds for the grant. The summary indicates the values offered for the various parcels, easements and
damages. (The detailed agreements are available but are not included with this pass around due to file size but available if
requested). Effort was made to offer like values per acre on comparable parcels. All landowners have agreed to the ROW
purchase and have been very supportive of the project. Several of the acquisitions will take formal closings by a title
company and will require additional time to complete for this reason.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Accept the value listed in the attachment and have staff present the agreements to the Board at upcoming Board meetings
or schedule a work session to discuss further. Staff would be glad to address questions by the Board by email to help
expedite the process.
Recommendation to the Board:
Negotiations were conducted in good faith with CDOT oversight and values were determined by appraisal or comparable
sales. Staff recommends approving the amounts listed on the attachment and to move forward to accomplish construction
of this project this summer and fall.
William F. Garcia, Chair
Douglas Rademacher, Pro -Tern
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer
Approve Schedule
Recommendation Work Session
j
Comments
Attachments: Agreement Value Summary
Parcel ROW Map
PARCEL LIST FOR WCR 23/HWY 392
WINDSOR LV II, a Utah Corporation
We are acquiring a Temporary Construction Easement for the construction of a field
entrance. We are acquiring 0.02 acres for $300 which is the minimum amount for a
Temporary Easement. This amount was reviewed and approved by CDOT. Total sum
being paid to this willing seller is $300.00
JAMES AND MARGARET MATTHEWS, Windsor, Colorado
We are acquiring a Temporary Construction Easement for the reconstruction of an
existing driveway. We are acquiring 0.15 acres for $1,100 which is 10% of the land value
of $76,000/ac for this 1 acre lot. The value was determined by using comparable sales in
the area and this amount was reviewed and approved by CDOT. Total sum being paid to
this willing seller is $1,100.00
GEORGE AND JENNY JARBOE, Windsor, Colorado
We are acquiring a Temporary Construction Easement for the reconstruction of an
existing driveway. We are acquiring 0.04 acres for $328.00 which is 10% of the land
value of $76,000/ac for this 1 acre lot. The value was determined by using comparable
sales in the area and this amount was reviewed and approved by CDOT. Total sum
being paid to this willing seller is $328.00
JOEL AND AMBER HAND, Windsor, Colorado
We are acquiring a Permanent Easement for the construction of the WCR 23. We are
acquiring 0.09 acres for $500.00 which is the minimum amount for a Permanent
Easement. The value was determined by using comparable sales in the area and this
amount was reviewed and approved by CDOT. Total sum being paid to this willing seller
is $500.00
WINDSOR LV, Round Rock, Texas
We are acquiring 3.68 ac of Right of Way for CDOT and 6.62 ac of Right of Way for Weld
County. We are also acquiring a total of 0.36 acres of Temporary Construction Easement
in five separate parcels. We are reimbursing the owner $103,000.00 for the 10.3 acres
of right of way and a total of $360.00 for the Temporary Construction Easements. The
land value was based on three appraisals, one completed late last year and two
completed for this project. The agreed to amount is $10,000/ac and is a value that is
within the upper range of a value that is between the highest and lowest amounts. In
addition we are reimbursing the land owner the sum of $20,329.00 for the construction
of an irrigation siphon pipe that will be under our new roadway to enable the landowner
to irrigate the land on the other side of the new road. This value for the siphon was from
an estimate prepared by Quality Well and Pump and the amount is fair for this type of
work.
In addition, we are reimbursing the landowner $2750.00 for a utility easement to
relocate an existing DCP Midstream pipeline that is currently in a private easement but
will be under our new road. We are paying DCP to relocate this line away from our road
and this represents the new private easement between Windsor LV and DCP. Total sum
being paid to this willing seller is $126,439.00
MERRILL AND SHIRLEY TREGONING AND JAMES AND MARGARET MATTHEWS, Windsor,
Colorado
We are acquiring 0.36 ac of Right of Way for CDOT and 0.48 ac of Right of Way for Weld
County. We are also acquiring a total of 0.03 acres of Temporary Construction
Easement. We are reimbursing the owner $8,400.00 for the 0.84 acres of right of way
and a total of $300.00 (our minimum amount) for the Temporary Construction
Easements. The original offer was based on an appraisal that was completed for this
project. However, the agreed to amount is $10,000/ac and is a value that is higher than
the appraised amount but is equal in amount to the Windsor LV per acre price. Although
Windsor LV is a larger farm, both farms are equal in type so it seemed appropriate to
offer the same amount. Total sum being paid to this willing seller is $8,700.00
MATTHEW AND MELANIE BRIER, Windsor, Colorado
We are acquiring 0.69 ac of Right of Way for CDOT and 0.19 ac of Right of Way for Weld
County. We are also acquiring a total of 0.22 acres of Temporary Construction Easement
in two separate parcels. We are reimbursing the owner $9,680.00 for the 0.88 acres of
right of way and a total of $300.00 (our minimum amount) for the Temporary
Construction Easements. The land value was based on two appraisal reports completed
for this project. The appraised amount is $11,000/ac and that amount was reviewed and
approved by CDOT, In addition we are reimbursing the land owner the sum of
$36,836.00 for the cost of replacing 1972 If of fence, 1960 If of concrete lined irrigation
ditch, an irrigation culvert and the value of 25 trees. Total sum being paid to this willing
seller is $46,816.00
Total of Above ROW - $184,183
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WCR 23 and SH 392 Intersection Improvements
Contract/Agreements Checklist
Last Update 4/22/13
1.) Contract Name: CDOT IGA Complete x Yes I CTB Document No.: 2011-0301
Contract Description: IGA between Weld and CDOT to accept the state and federal grant funds. Design phase
authorized funds = $300,000. Construction phase authorized funds = $2,327,000.
2.) Contract Name: Windsor Design IGA I Complete x Yes I CTB Document No.: 2011-0554
Contract Description: IGA between Weld and Windsor stipulating the cost sharing for the design services. Windsor
agrees to pay a portion of design costs in the amount of $25,000.
3.) Contract Name: Severance Design IGA Complete xYes CTB Document No.: 2011-0555
Contract Description: IGA between Weld and Severance stipulating the cost sharing for the design services. Severance
agrees to pay a portion of design costs in the amount of $25,000.
4.) Contract Name: Muller Design PSA I Complete x Yes I CTB Document No.: 2011-1284
Contract Description: Design contract with Muller Engineering Company. Consultant selection made using the CDOT-
approved OBS process. Design contract original amount = $330,100.
5.) Contract Name: Severance Const. IGA Complete x Yes I CTB Document No.: 2013-0282
Contract Description: IGA between Weld and Severance stipulating the cost sharing for the construction. Severance
agrees to pay a portion of the construction costs in the amount of $100,000.
6.) Contract Name: Windsor Construction IGA Complete x Yes I CTB Document No.: 2013-0409
Contract Description: IGA between Weld and Windsor stipulating the cost sharing for the construction. Windsor agrees
to pay a portion of the construction costs in the amount of $150,000.
7.) Contract Name: DCP Gas Utility Agreement Complete x Yes CTB Document No.: 2013-0541
Contract Description: Gas line relocation agreement with requirements and cost reimbursement for relocating existing
facilities which conflict with the new roadway construction, in the amount of $72,324.20.
8.) Contract Name: Muller Change Order No.1 I Complete x Yes CTB Document No.: 2011-1284
Contract Description: Change order to Muller Engineering design contract related to additional services for CDOT
historical clearances, in the amount of $12,002.
9.) Contract Name: Windsor LV LLC R.O.W. I Complete Yes I CTB Document No.: Pending
Contract Description: ROW and Easement purchase agreement with Windsor LV LLC in the amount of $126,439.
10.)Contract Name: Brier R.O.W. Complete Yes I CTB Document No.: Pending
Contract Description: ROW and Easement purchase agreement with Matthew and Melanie Brier in the amount of
$46,816.
11.)Contract Name: Tregoning R.O.W. I Complete Yes CTB Document No.: Pending
Contract Description: ROW and Easement purchase agreement with Merrill and Shirley Tregoning, and James and
Margaret Matthews (co -owners) in the amount of $8,700.
12.)Contract Name: Matthews Easement I Complete Yes I CTB Document No.: Pending
Contract Description: Easement purchase agreement with James and Margaret Matthews in the amount of $1,100.
13.)Contract Name: Hand Easement Complete Yes I CTB Document No.: Pending
Contract Description: Easement purchase agreement with Joel and Amber Hand in the amount of $500.
14.)Contract Name: Jarboe Easement Complete Yes I CTB Document No.: Pending
Contract Description: Easement purchase agreement with George and Jenny Jarboe in the amount of $328.
15.)Contract Name: Windsor LV II Easement I Complete Yes I CTB Document No.: Pending
Contract Description: Easement purchase agreement with Windsor LV II LLC in the amount of $300.
WCR 23 and SH 392 Intersection Improvements
Contract/Agreements Checklist
Last Update 4/22/13
16.)Contract Name: Xcel HP Gas Agreement I Complete Yes I CTB Document No.: Pending
Contract Description: Gas line relocation agreement for requirements and stipulation the cost reimbursement for
relocating existing facilities which conflict with the new roadway in the amount of $175,000.
17.)Contract Name: NWCWD Agreement Complete Yes I CTB Document No.:
Contract Description: Water line relocation agreement for requirements and stipulating the cost reimbursement for
relocating existing facilities which conflict with the new roadway.
18.)Contract Name: Construction Services PSA I Complete Yes I CTB Document No.:
Contract Description: Engineering consultant contract for construction inspection and materials testing. Consultant
selection made using the Qualification Based Selection (QBS) process.
19.)Contract Name: Construction Agreement I Complete Yes I CTB Document No.:
Contract Description: Low bid construction contract agreement with a General Contractor. Requires concurrence to
award from CDOT Contracts Branch.
Contract Name: I Complete Yes CTB Document No.:
Contract Description:
Contract Name: I Complete Yes CTB Document No.:
Contract Description:
AGREEMENT FOR THE PURCHASE OF
PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23,
BETWEEN JAMES AND MARGARET MATTHEWS, SHIRLEY TREGONING LIVING
TRUST AND MERRILL TREGONING AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this day of , 201_, by and between James
and Margaret Matthews, whose address is 10624 Highway 392, Windsor, Colorado 80550 and
Shirley Tregoning Living Trust and Merrill Tregoning whose address is 518 Chestnut Street,
Windsor, Colorado 80550, hereinafter referred to as "Owners," and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County Commissioners,
whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Owners own real property described in the attached Exhibit "RW-1" and "RW-
1A" (hereinafter referred to as "Public Road Right -of -Way"), and
WHEREAS, Owners own real property described in the attached Exhibit "TE-1" (hereinafter
referred to as "Temporary Construction Easement", and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 23, which
will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement
Project"), and
WHEREAS, County requires said Public Road Right -of -Way in order to complete said Road
Improvement Project, and
WHEREAS, County will need said Temporary Construction Easement in order to construct a
roadway drainage culvert which is required in conjunction with the Road Improvement Project, and
WHEREAS, Owners wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owners agree to sell and County agrees to purchase the Public Road Right -of -Way
shown and/or described on Exhibit "RW-1" and "RW-1A" (a copy of which is
attached hereto and made a part hereof by this reference), for the sum of Eight
Thousand Four Hundred and no/100 Dollars, ($8,400.00). The parties acknowledge
and agree that said purchase price represents full, fair and valuable consideration.
Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 1
3933456 Pages: 1 of 14
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Steve Moreno, Clerk and Recorder, Weld County, CO
0/3- /o58-
2. Owners agree to sell and County agrees to purchase the Temporary Construction
Easement shown and/or described on Exhibit "TE-1" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Three Hundred and
no/100 Dollars, ($300.00). The parties acknowledge and agree that said purchase
price represents full, fair and valuable consideration.
3 Owners warrant that they are the owners of the Public Road Right -of -Way and the
Temporary Construction Easement and will defend title thereto against all claims.
4. Owners agree to grant the Public Road Right -of -Way to County by Deed of
Dedication, free and clear of all liens and encumbrances, except existing easements.
5. Owners agree to grant the Temporary Construction Easement to County, free and
clear of all liens, encumbrances or other possessory claims, except existing
easements.
6. This Temporary Construction Easement shall commence on August 1, 2013, and
shall expire and be of no further force or effect on August 1, 2014, or upon the
completion of the Road Improvement Project, whichever is earlier.
7. Owners shall not, during the term of this Temporary Construction Easement, erect or
construct, or allow to be erected or constructed, any building or other structures on
the property described in Exhibit "TE-1" which may interfere with County's full
enjoyment of the rights hereunder; this Temporary Construction Easement includes
all rights and privileges as are necessary or incidental to County's reasonable and
proper use of said easement.
8. Owners shall retain the mineral estate under the Public Road Public Road Right -of -
Way and the Temporary Construction Easement interests, and shall also retain any
water rights currently attached to or associated with the Public Right -of -Way and
Temporary Construction Easement.
9. Owners shall deliver the fully executed Deed of Dedication for the Public Road
Right -of -Way to County upon the date of closing which shall be no later than thirty
(30) days following the County's execution of this Agreement.
10. Owners shall pay any encumbrance associated with the Public Road Right -of -Way
and the Temporary Construction Easement which is required to be paid, including,
but not limited to, a prorated amount of the property taxes, and any past due property
taxes, (and interest and penalties thereon), on or before the date of closing when
Owner delivers the Deed of Dedication to County. Owner is solely responsible for the
payment of any amounts owed to a third party holding a security or other ownership
interest in the Public Road Right -of -Way and/or Temporary Construction Easement.
Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 2
3933456 Pages: 2 of 14
05/20/2013 11:10 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
iI i J iF �LN'i' li T 'i'! rk' PIi'k!Fh' P R'l'' ®1111
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall pay for the cost of obtaining title insurance if County desires to obtain
title insurance for the Public Road Right -of -Way and/or Temporary Construction
Easement.
2. County shall pay all fees associated with recording this Agreement and/or the Deed
of Dedication.
3. County shall pay Owner for the Public Road Right -of -Way and Temporary
Construction Easement by County warrants at the date of closing.
4. County, as a condition of the granting of this Temporary Construction Easement,
covenants and agrees to restore the property described in Exhibit "TE-1" to a level
comparable to its original condition.
MISCELLANEOUS:
1. Following the closing, it is expressly agreed by the parties hereto that County, its
contractors, agents, employees and all others deemed necessary by County, shall have
the irrevocable right to possess and use said Public Road Right -of -Way and the
Temporary Construction Easement for the purposes of constructing the Road
Improvement Project and the roadway culvert, and for its daily operation, access and
maintenance. These conveyances shall be deemed to include sufficient land for the
construction, operation, access, repair and maintenance of said project, including the
rights of entry upon, passage over, and deposit of excavated earth, and storage of
material and machinery upon such Public Road Right -of -Way and Temporary
Construction Easement as may be useful and necessary.
2. This Agreement and the transfers of the Public Road Right -of -Way and Temporary
Construction Easement made pursuant to the terms herein, shall be binding upon, all
and inure to the benefit of and be enforceable by the parties and their heirs, executors,
administrators, successors, and assigns.
3. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
4. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
5. The parties hereby agree that neither has made or authorized any agreement with
Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 3
3933456 Pages: 3 of 14
05/20/2013 11:10 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
®III P�4r�l,fLP�'d�i�tP r�'P'i i':Pi+1kh�+643�MS Yoh III III
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation, promise, or consideration different from the terms
herein contained shall be binding on either party, or its agents or employees.
6. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
7. This Agreement embodies all agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
8. This transaction shall be governed by and constructed in accordance with the laws of
the State of Colorado.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
James Matthews
By:
L2
M. ar-t Matthews
Title: Owner Title: Owner
Shirley Tregoning Living Trust
Title: Owner
3933456 Pages: 4 of 14
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Steve Moreno, Clerk and Recorder, Weld County, CO
IIIIpir1''fl1 ,4rilininallANIOf4G QC III III
Merrill Tregoning
By:
844; r
Title: Owner
Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 4
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Wil
Weld County Clerk to the Board
BY.
Deputy Clerfto the Board
3933456 Pages: 5 of 14
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Stave Moreno, Clerk and Recorder, Weld County, CO
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MAY 0 1 2013
Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 5
x073 /05,S
y7
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Temporary Easement Number: TE-1
FROM
Shirley E. Tregoning Living Trust
Merrill E. Tregoning
Margaret M. Matthews
James W. Matthews
518 Chestnut St.
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
and CR 23 realignment
1of3
3933456 Pages: 6 of 14
05/20/2013 11:10 RM R Fee:$0.00
Steve
YlMoreno,
YClerk
.®I I■and Recorder, Weld
County,
I■'LCO I'I1
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EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
PARCEL NUMBER: TE-1
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A Temporary Easement No. TE-1 of Weld County, and being part of the Department of Transportation, State of
Colorado, Project Code SA 18121, Project Number STU C030-043, containing 1,242.35 square feet, more or less, in
Lot B of Recorded Exemption No. 0807 -23 -1 -RE 1031 in the Northeast One -Quarter of Section 23, Township 6
North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, said parcel being more particularly
described as follows:
COMMENCING at the North One -Quarter corner of Section 23, Township 6 North, Range 67 West;
Thence South 89°47'10" East along the north line of said Northeast One -Quarter a distance of 605.06 feet;
Thence South 00°12'50" West a distance of 32.46 feet to a point on the existing southerly right-of-way line of
Colorado State Highway 392 and being the TRUE POINT OF BEGINNING;
1. Thence along said southerly right-of-way line South 89°44'32" East to a point on the westerly line of Lot A
of said Recorded Exemption a distance of 30.00 feet;
2. Thence South 37°00'19" East along said westerly line a distance of 37.69 feet;
3. Thence North 89°44'32" West a distance of 52.82 feet;
4. Thence North 00°15'28" East to a point on said existing southerly right-of-way a distance to 30.00 feet to
the TRUE POINT OF BEGINNING.
The above described parcel contains 1,242.35 sf. or 0.03 ac. more or less.
Basis of Bearings: All bearings are based on a grid bearing of the north line of said Northeast One -Quarter as
bearing North 89°47'10" West a distance of 2616.22 feet from the Northeast corner to the North One -Quarter
corner of Section 23, Township 6 North, Range 67 West and,described as shown.
For and on behalf of Weld Count
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 8063
2O
EFSSI01,0-
3933456 Pages: 7 of 14
Steve
/2013 Moreno, ClerOk and Recorder, 0 Weld County, CO
■III ? IMlNv it&lrt+�(i�rektr1 A1?0,itA 1 i ®1111
2 of 3
EXHIBIT -A
NE I/4 S23-T6N-R67W
WINDSOR LV LLC
N 1/4 COR. S23-T6N-R67W
2-1/2" ALUM. PIPE STAMPED
LS#20685 IN MON. BOX
P.O.C.
605.06'
0-
En to
N N
M
P.O.B. o
N
S89'44'32"E
TEMPORARY
EASEMENT
t11{ii: , 1242.35 sf.
NO ISI `OR 0.03 cc.
S>� S
TE-1
HWY
S89°44'32"E
N89°44'32"W
F
23° \? A SHIRLEY E. TREGONING LIVING TRUST
i,kA m ® ="`' MERRILL E. TREGONING
MARGARET M. MATTHEWS
JAMES W. MATTHEWS
PARC.#080723000042
RECP.#2060717 & #3527288
LOT B/RE-1031
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
TEMPORARY
EASEMENT
NE COR. S23-T6N-R67W
3-1/4" ALUM. CAP STAMPED
LS#33642 IN MON. BOX-
N89'47'10"W 2616.2Z
BASIS OF BEARINGS
3933456 Pages: 8 of 14
05/20/2013 11:10 RM R Fee:$0.00
Steven Moreno, pClerk y�and y Recorder, !`Weld `County, `C9 W �
®III RI'irOri: 1110 1111 ! 11P li "iP����kla9Y 1 YI'�elh'A PH
TREGONNING LIVING TRUST
SH 392 & WCR 23
WELD COUNTY, COLORADO
JAMES &
MARGARET
MATTHEW S
LOT A/RE-1031
1861
COUNT
Y
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
CR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
CDOT PROJECT NO#: STU C030-043
CDOT PROJECT CODE: SA 18121
SCALE:
1"=30'
DATE:
DRAWN BY:
10-12-12
JHB
SHEET: 3of3
COLORADO DEPARTMENT OF TRANSPORTATION
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-1A
STA. 117+71.58 Rt. to STA. 121+57.97 Rt. (SH 392 Align.)
FROM
Shirley E. Tregoning Living Trust
Merrill E. Tregoning
Margaret M. Matthews
James W. Matthews
518 Chestnut St.
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
and CR 23 realignment
1 of 3
3933456 Pages: 9 of 14
05/20/2013 11:10 RM R Fee:$0.00
Steve Moreno, Clerk and Recorder Weld County, CO
■III lgiiiI 4 RIIIII irkiiVI'Il,iFnYthilirF iNnt?i+r�Jl , ®I III
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU CO3O-043
PARCEL NUMBER: RW-1A
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A parcel of land No. RW-1A of the Department of Transportation, State of Colorado, Project Code SA 18121,
Project Number STU C030-043, containing 0.36 acres, more or less, in Lot B of Recorded Exemption No. 0807 -23-
1 -RE 1031 in the Northeast One -Quarter of Section 23, Township 6 North, Range 67 West of the 6th Principal
Meridian, Weld County, Colorado, said parcel being more particularly described as follows:
COMMENCING at the Northeast corner of Section 23, Township 6 North, Range 67 West;
Thence North 89°47'10" West along the north line of said Northeast One -Quarter a distance of 1349.66 feet;
Thence South 00'12'50" West a distance of 32.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and westerly right-of-way line of Weld County Road 23 and being the
TRUE POINT OF BEGINNING;
1. Thence continuing along said westerly right-of-way line South 00"37'12" East a distance of 92.56 feet;
2. Thence South 89"22'48" West a distance of 30.00 feet;
3. Thence North 47°47'35" West a distance of 94.59 feet;
4. Thence North 89°47'10" West to the east line of Lot -A of said RE -1031 a distance of 288.14 feet;
5. Thence North 01'31'32" East to a point on the existing southerly right-of-way line of State Highway 392 a
distance of 30.00 feet;
6. Thence South 89°44'32" East along said right-of-way line a distance of 386.40 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 15,670.48 sf. or 0.36 ac. more or less.
Basis of Bearings: All bearings are based on a grid bearing of the north line of said Northeast One -Quarter as
bearing North 89'47'10" West a distance of 2616 feet from the Northeast corner to the North One -Quarter
corner of Section 23, Township 6 North, Range 6est and ,described as shown.
For and on behalf of Weld Count
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 8063
3933456 Pages: 10 of 14
05/20/2013 11:10 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III !Mil'n'!JIacai l+, i:Pki:ii ®iIII
23
2 of 3
TREGONNING LIVING TRUST
SH 392 & WCR 23
WELD COUNTY, CO
EXHIBIT -A
PROJECT NO. STU C030-043
PROJECT CODE: SA 18121
PARCEL NO. RW-1A
OCT. 12, 2012
SHEET: 3 OF 3
rb
as
o -
U y
E-
m11 -I
G �s
44. —
oy-8
LLW 11"
Waa -
0
Ica
to m f mg
m
Qt
MN>
(no in
EXISTING R.O.W. BK-1345/PG-162
DEC. 5, 1952 AND RD.BK-1/PG-88 1871
HWY
N 1/4 COR.
S23-T6N-R67W
2-1/2" ALUM.
PIPE STAMPED
LS#20685
IN MON. BOX
JAMES &
MARGARET
MATTHEWS
LOT A/RE-1031
IVE 1/4
r
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
N89'47'10"W 2616.22'
BASIS OF BEARINGS
S89'44'32"E 386.40'
N89°47 10"W 288.14'
N01°31' 32”E ADDITIONAL
30.00' RIGHT—OF—WAY
15,638.41 sf.
OR 0.36 ac.
SCALE: I" = 100'
S89'22' 48"W
30.00'
ADDITIONAL ---0
RIGHT-OF-WAY
WELD COUNTY
LINE TABLE
L1 I SOO'12'50"W 132.97'
RW-1A
SHIRLEY E. TREGONING LIVING TRUST
MERRILL E. TREGONING
MARGARET M. MATTHEWS
JAMES W. MATTHEWS
PARC.#080723000042
RECP.#2060717 & #3527288
LOT B/RE-1031
\\14111i.
�1'�• ta.Sti
o
/
///17///k9Sriifii6:4111\--0\/\"\\*
N
0
0
P.O.C.
P.O.B.
I- NE COR.
S23-T6N-R67W
3-1/4" ALUM.
CAP STAMPED
LS#33642 IN
f MON. BOX
MATTHEW W. BRIER
MELANIE L. BRIER
LOT B/RE-3468
EXISTING R.O.W.
60'4.-0-", RD.BK-3/PG-59
I JAN. 26, 1882
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-1
STA. 206+89.76 Lt. to STA. 216+90.73 Lt. (WCR 23 Align.)
FROM
Shirley E. Tregoning Living Trust
Merrill E. Tregoning
Margaret M. Matthews
James W. Matthews
518 Chestnut St.
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
and CR 23 realignment
3933456 Pages: 12 of 14
05/20/2013 11:10 R11 R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III M��1': 4 Wr'lM � J�+� R�YL+JvP fh �i' I SW'fi YI' 11111
1o13
For and on behalf of Weld County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU CO30-043
PARCEL NUMBER: RW-1
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A parcel of land No. RW-1 of Weld County, and being part of the Department of Transportation, State of Colorado,
Project Code SA 18121, Project Number STU C030-043, containing 0.48 acres, more or less, in Lot B of Recorded
Exemption No. 0807 -23 -1 -RE 1031 in the Northeast One -Quarter of Section 23, Township 6 North, Range 67 West
of the 6th Principal Meridian, Weld County, Colorado, said parcel being more particularly described as follows:
COMMENCING at the Northeast corner of Section 23, Township 6 North, Range 67 West;
Thence North 89°47'10" West along the north line of said Northeast One -Quarter a distance of 1349.66 feet;
Thence South 00°12'50" West a distance of 32.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and westerly right-of-way line of Weld County Road 23;
Thence South 00°37'12" East along said westerly right-of-way line a distance of 92.56 feet and being the TRUE
POINT OF BEGINNING;
1. Thence continuing along said right-of-way line South 00°37'12" East a distance of 1000.91 feet;
2. Thence South 89'22'48" West a distance of 10.00 feet;
3. Thence North 00°37'12" West a distance of 460.35 feet;
4. Thence South 89°22'48" West a distance of 20.00 feet;
5. Thence North 00°37'12" West a distance of 540.56 feet;
6. Thence North 89°22'48" East a distance of 30.00 feet to a point on said right-of-way line and being the
TRUE POINT OF BEGINNING.
The above described parcel contains 20,820.30 sf. or 0.48 ac. more or less.
Basis of Bearings: All bearings are based on a grid bearing of the north line of said Northeast One -Quarter as
bearing North 89'47'10" West a distance of 2616.22 feet from the Northeast corner to the North One -Quarter
corner of Section 23, Township 6 North, Range 67 West and described as shown.
\\`1111 IN; /1
c\\\ -5,1:11°
Q: S\ .
JJ
VJ. '° -
„- °° -ei
/� i o a"5lOrlF ,,
3933456 Pages: 13 of 14
05/20/2013 11:10 AM R Fee:$0.00
Steve. Moreno, Clerk and Recorder, Weld County, CO
VIIIMlrefliWiMt II L'fhIII:+1NAU'AIi700iti,1IIII
2 of 3
EXHIBIT -A
NE 1/4 S23-T6N-R67W
a
o
L-
C -
o
U i
a
e
S
3,1
✓ LL°• o
r
a
Wa m
on 41
ID
D 0
-o—
U3
IDNo�
M▪ N wa
e)• GAM
HIWY
N 1/4 COR.
S23-T6N-R67W
2-1/2" ALUM.
PIPE STAMPED
LS#20685
IN MON. BOX
JAMES &
MARGARET
MATTHEWS
LOT A/RE-1031
N89'47'10"W 2616.22' ._
BASIS OF BEARINGS
EXISTING R.O.W.
BK-1345/PG-162
DEC. 5, 1952 AND
RD.BK-1 /PG -88 1871
LINE TABLE
Lt I SO0'12'50"W 132.97'
ADDITIONAL
RIGHT-OF-WAY
N89°22'48"E
30.00'
ADDITIONAL
RIGHT—OF—WAY
20,820.30 sf.
OR 0.48 cc.
RW-1
SHIRLEY E. TREGONING LIVING TRUST
MERRILL E. TREGONING
MARGARET M. MATTHEWS
JAMES W. MATTHEWS
PARC.#080723000042
RECP.#2060717 & #3527288
LQ�`' 1f
\\ p�,= ae7
SI
F -
23520_
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
0
N
30'
S89°22'48"W
20.00'
NOO°37'12"W
460.35'
P.O.C.
r 1349.66'
rn
-K NE COR.
S23-T6N-R67W
P.O.B.I ; 3-1/4" ALUM.
CAP STAMPED
LS#33642 IN
MON. BOX
r
; MATTHEW W. BRIER
MELANIE L. BRIER
LOT B/RE-3468
N
1'177 141
-EXISTING R.O.W.
60' RD.BK-3/PG-59
JAN. 26, 1882
I)
S89°22'48"W
10.00'
•
RIGHT-OF-WAY
ACQUISITION
TREGONNING LIVING TRUST
SH 392 & WCR 23
WELD COUNTY, COLORADO
3861
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
CDOT PROJECT NO#: STU CO30-043
CDOT PROJECT CODE: SA 18121
SCALE:
=100'
DATE:
10-12-12
DRAWN BY:
SHEET: 3o
DEED OF DEDICATION
FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this 30th day of May, 2013, between Shirley E. Tregoning and Merrill E
Tregoning, Trustees or their successors in trust under the Shirley Elizabeth Tregoning Living Trust
dated march 16, 1989 and amend amendments thereto and Margaret M. Mathews and James William
Matthews), "Grantor", and the County of Weld, a body corporate and politic of the State of
Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 1150 "O"
Street, Greeley, Colorado 80631:
WITNESSETH: That Grantor, for and inconsideration of the sum of Ten Dollars and
no/100ths ($10.00) the receipt and sufficiency of which is hereby acknowledged, do(es), pursuant to
Colorado Revised Statute §43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for use
as a Public Road Right -of -Way, free and clear of all liens and encumbrances and warrants title to that
real property lying and being in the County of Weld, State of Colorado, to wit:
The real property described and shown if the attached Exhibit "A"
EXCEPTING existing easements of record, and
RESERVING unto Grantors the mineral estate under said property, including oil, gas and any
and all water rights currently attached to or associated with said property, except as required to
sustain the integrity of the Public Highway.
ShirleyE. egoning, T e or the' successors in trust under the Shirley Elizabeth Tregoning Living Trust, dated March 16
1998 and amend amendments thereto
-ear cr,N
Merrill E. Tregoning, Trustee or thbiir successors in trust under the Shirley Elizabeth Tregoning Living Trust, dated March 16
8 and amend „�, endm is thereto
M
STATE OF COLORADO
) ss.
County of Weld
James William Matthews
The foregoing instrument was acknowledged before me this kJ) day o20a , by .
Shirley E. Tregoning, Trustee and Merrill E. Tregoning, Trustee or their succe rs in trust under the Shirley Elizabeth
Tregoning Living Trust, dated March 16 1998 and amend amendments thereto and Margaret M. Matthews and James William
Matthews.
Witness my hand and official seal.
My commission expires:
MELINDA GUALANDRI
Notary Public
State of Colorado Notary Public
My Commission Expires: October 17, 2014
Deed of Dedication
LII:;F 1994401 bb49
Pages: 1 of 12
0606/1020 02:28 PM R Fee:$0,00d County CO
Moren
Steve Morena, Clerk and RecorderlirdinINIIIIKIIII5114:Mainitliq 411414 Ill
Page 1
90(3- (O5S
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, hereby accepts the above dedication of property as a Public
Highway (Public Right -of -Way), pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this ( nit' day of
ATTEST:
Weld County Clerk to the Board
BY. _
Deputy Cleltklto the Board
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
, 2013 .
BOARD OF COUNTY COMMISSIONERS
WELD CQfJNTY, COLORADO
The foregoing instrument was acknowledged before me this I 0y1? day of
201 3 , byls.)tI\ Zam C Gore''; Chair, Board of County Commissioners of the Co ty of Weld.
Witness my hand and official seal.
My commission expires:
Notary Public
MELINDA GUALANDRI
Notary Public
State of Colorado
My Commission Expires: October 17, 2014
LIC# 19944016549
Deed of Dedication Page 2
3939060 Pages: 2 of 12
06/10/2013 02:28 P11 R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, COilk ,1111
■IIIl�r111'1�wi'Mti,'��tfl�'IRl�I
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-1
STA. 206+89.76 Lt. to STA. 216+90.73 Lt. (WCR 23 Align.)
FROM
Shirley E. Tregoning Living Trust
Merrill E. Tregoning
Margaret M. Matthews
James W. Matthews
518 Chestnut St.
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
and CR 23 realignment
1 of 3
3939060 Pages: 3 of 12
06/1Steve0 Moreno,
00re o,OClerBPM R k and o Recorder.00
Wed County, CO
Steve Ui iii
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
PARCEL NUMBER: RW-1
DATE: Oct- 12, 2012
LEGAL DESCRIPTION
A parcel of land No. RW-1 of Weld County, and being part of the Department of Transportation, State of Colorado,
Project Code SA 18121, Project Number STU C030-043, containing 0.48 acres, more or less, in Lot B of Recorded
Exemption No. 0807 -23 -1 -RE 1031 in the Northeast One -Quarter of Section 23, Township 6 North, Range 67 West
of the 6th Principal Meridian, Weld County, Colorado, said parcel being more particularly described as follows:
COMMENCING at the Northeast corner of Section 23, Township 6 North, Range 67 West;
Thence North 89°47'10" West along the north line of said Northeast One -Quarter a distance of 1349.66 feet;
Thence South 00'12'50" West a distance of 32.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and westerly right-of-way line of Weld County Road 23;
Thence South 00"37'12" East along said westerly right-of-way line a distance of 92.56 feet and being the TRUE
POINT OF BEGINNING;
1. Thence continuing along said right-of-way line South 00°37'12" East a distance of 1000.91 feet;
2. Thence South 89°22'48" West a distance of 10.00 feet;
3. Thence North 00°37'12" West a distance of 460.35 feet;
4. Thence South 89'22'48" West a distance of 20.00 feet;
5. Thence North 00"37'12" West a distance of 540.56 feet;
6. Thence North 89°22'48" East a distance of 30.00 feet to a point on said right-of-way line and being the
TRUE POINT OF BEGINNING.
The above described parcel contains 20,820.30 sf. or 0.48 ac. more or less.
Basis of Bearings: All bearings are based on a grid bearing of the north line of said Northeast One -Quarter as
bearing North 89°47'10" West a distance of 2616.22 feet from the Northeast corner to the North One -Quarter
corner of Section 23, Township 6 North, Range 67 W st bnd described as shown.
For and on behalf of Weld County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
3939060 Pages: 4 of 12
06/10/2013 02:28 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■IIIPAM r4r INII,KCIANIdk) hrNiii 1IIII
2of3
EXHIBIT -A
NE I/4 S23-T6N-R67W
1171 V'W 1l
N 1/4 CUR.
523-T6N-R67W
2-1/2" ALUM.
PIPE STAMPED
LS#20685
IN MON. BOX
JAMES &
MARGARET
MATTHEWS
LOT A/RE-1031
N89'47'10"W 2616.22'
BASIS OF BEARINGS
EXISTING R.O.W.
BK-1345/PG-162
DEC. 5, 1952 AND
RD.BK-1/PG-88 1871
LINE TABLE
Li I SOO'12'50"W 132.97'
P.O.C.
T _ _ 1349.66
J
ADDITIONAL
RIGHT-OF-WAY
COOT
COOT
N89'22'48"E
30.00'
ADDITIONAL
RIGHT—OF—WAY
20,820.30 sf.
OR 0.48 cc.
RW-1
SHIRLEY E. TREGONING LIVING TRUST
MERRILL E. TREGONING
MARGARET M. MATTHEWS
JAMES W. MATTHEWS
PARC.#080723000042
RECP.#2060717 & #3527288
23520
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
30'
to
O
N
M
O
0
z
S89'22'48"W
20.00'
NO0'37'12"W
460.35'
0
N
O
0
In
fl
P.O.B1
I
EXISTING R.O.W.
RD.BK-3/PG-59
JAN. 26, 1882
S89'22'48"W
10.00'
NE COR.
523-T6N-R67W
3-1/4" ALUM.
CAP STAMPED
LS#33642 IN
MON. BOX
MATTHEW W. BRIER
MELANIE L. BRIER
LOT 9/NE-3468
RIGHT-OF-WAY
ACQUISITION
TREGONNING LIVING TRUST
SE 392 & WCR 23
WELD COUNTY, COLORADO
cvuN
Y
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
COOT PROJECT NOR: STU C030-043
COOT PROJECT CODE: SA 18121
DATE:
SCALE:
IO-12'1
DRAWN BY:
JHB
SHEET
T
3939060 Pages: 5 of 12
06/10/2013 02:28 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
1Iu Fal WltiTeKlhdRVii'IXIIIIM' i'IiIP1iy 1I u1
WARRANTY DEED
THIS DEED is dated May 30, 2013 , and is made between Shirley E. Tregoning and Merrill E. Tregoning,
Trustees or their successors in trust, under the Shirley Elizabeth Tregoning Living Trust, dated March 16 1989 and amend
amendments thereto and Margaret M. Mathews and James William Matthews (whether one, or more than one), the
"Grantor," of the _ County of Weld and State of Colorado , and the State of Colorado for the use and benefit of the
Colorado Department of Transportation, the "Grantees," whose legal address is 4201 E Arkansas Avenue, Denver, CO
80222 of the said County of Denver and State of Colorado .
WITNESS, that the Grantor, for and in consideration of the sum of Eight Thousand Four Hundred and no/100ths
DOLLARS, ($ 8,400.00 ) the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells,
conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but in
joint tenancy, all the real property, together with any improvements thereon, located in the said County of Weld and State
of Colorado, described as follows:
See Attached Exhibit "A"
Grantor to retain the mineral estate appurtenant to the property.
also known by street address as:
and assessor's schedule or parcel number:
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantees and the Grantees' heirs and assigns forever.
The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with
the Grantees, and the Grantees' heirs and assigns: that at the time of the ensealing and delivery of these presents, the
Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of
inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and
subject to: ❑ none; or O the following matters:
And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any
adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantees and the heirs and assigns of
the Grantees, against all and every person or persons claiming the whole or any part thereof.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
Shirley E. 'egoning, T tee or the' successors in trust under the Shirley Elizabeth Tregoning Living Trust, dated March 16
1998 and amend amendments thereto
ill E. TregonJJJn g, TlGstee or 'their successors in trust under the Shirley Elizabeth Tregoning Living Trust, dated March 16
49 8 and ameyr u endmthereto
STATE OF COLORADO
) ss.
James William Matthews
County of Weld )
The foregoing instrument was acknowledged before me this (am day of LA -e , 20 13 , by .
Shirley E. Tregoning, Trustee and Merrill E. Tregoning, Trustee or their succes rs in trust under the Shirley Elizabeth
Tregoning Living Trust, dated March 16 1998 and amend amendments thereto and Margaret M. Matthews and James William
Matthews.
Witness my hand and official seal.
My commission expires:
MELINDA GUALANDRI
Notary Public
State of Colorado
My Commission Expires: October 'INN
LIC# 19944016549
Public
Name and Address of Person Creating Newly Created Legal Description (§38-35-106.5, C.R.S.)
3939060 Pages: 6 of 12
06/10/2013 02:28 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III l��11L�4Lh;�fV4 ��4�1��1�F11?Ii491rIt�Y�I��I, tit V III
COLORADO DEPARTMENT OF TRANSPORTATION
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-1A
STA. 117+71.58 Rt. to STA. 121+57.97 Rt. (SH 392 Align.)
FROM
Shirley E. Tregoning Living Trust
Merrill E. Tregoning
Margaret M. Matthews
James W. Matthews
518 Chestnut St.
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
and CR 23 realignment
1 of 3
3939060 Pages: 7 of 12
06/10/2013 02:28 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
1111 VIM IIIII,#'li 4 11111
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
PARCEL NUMBER: RW-1A
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A parcel of land No. RW-1A of the Department of Transportation, State of Colorado, Project Code SA 18121,
Project Number STU C030-043, containing 0.36 acres, more or less, in Lot B of Recorded Exemption No. 0807 -23-
1 -RE 1031 in the Northeast One -Quarter of Section 23, Township 6 North, Range 67 West of the 6th Principal
Meridian, Weld County, Colorado, said parcel being more particularly described as follows:
COMMENCING at the Northeast corner of Section 23, Township 6 North, Range 67 West;
Thence North 89°47'10" West along the north line of said Northeast One -Quarter a distance of 1349.66 feet;
Thence South 00°12'50" West a distance of 32.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and westerly right-of-way line of Weld County Road 23 and being the
TRUE POINT OF BEGINNING;
1. Thence continuing along said westerly right-of-way line South 00'37'12" East a distance of 92.56 feet;
2. Thence South 89'22'48" West a distance of 30.00 feet;
3. Thence North 47'47'35" West a distance of 94.59 feet;
4. Thence North 89'47'10" West to the east line of Lot -A of said RE -1031 a distance of 288.14 feet;
5. Thence North 01'31'32" East to a point on the existing southerly right-of-way line of State Highway 392 a
distance of 30.00 feet;
6. Thence South 89'44'32" East along said right-of-way line a distance of 386.40 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 15,638.41 sf. or 0.36 ac. more or less.
Basis of Bearings: All bearings are based on a grid bearing of the north line of said Northeast One -Quarter as
bearing North 89°47'10" West a distance of 2616.22 feet from the Northeast corner to the North One -Quarter
corner of Section 23, Township 6 North, Range 67 West and described as shown.
For and on behalf of Weld Count
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 8063
3939060 Pages: 8 of 12
06/10/2013 02:28 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
*oRSGjI CF9c
2of3
■III ��RYi�I� 'R'h�tfi�'t �liWlltiRh+rVl4hNCIA ■M
TREGONNING LIVING TRUST
SH 392 & WCR 23
WELD COUNTY, CO
EXHIBIT -A
PROJECT NO. STU C030-043
PROJECT CODE: SA 18121
PARCEL NO. RW-1A
OCT. 12, 2012
EXISTING R.O.W. BK--1345/PG-162
DEC. 5, 1952 AND RD.BK-1/PG-88 1871
HWYN 89'47' 10"W 2616.22'
BASIS OF BEARINGS
---------------
N 1/4 COR.
S23-T6N-R67W
2-1/2" ALUM.
PIPE STAMPED
LS#20685
IN MON. BOX
JAMES &
MARGARET
MATTHEWS
LOT A/RE-103t
S89'44'32"E 386.40'
N89'47'10"W 288.14'
NO1'31'32"E
30.00'
SCALE: I" = 100'
ADDITIONAL
RIGHT —OF— WAY
15,638.41 sf.
OR 0.36 ac.
S89'22' 48"W
30.00'
ADDITIONAL -
RIGHT -OF -WAY
WELD COUNTY
LINE TABLE
LI I SOO'12'50"W j 32.97'
RW-I A
SHIRLEY E. TREGONING LIVING TRUST
MERRILL E. TREGONING
MARGARET M. MATTHEWS
JAMES W. MATTHEWS
PARC.#080723000042
RECP.#2060717 & #3527288
LOT B/RE-1031
1/4 \�,,ti,IIII/J ,1,' ✓
S13 -1l ►NR67W ��� c R1 'GIS � ''
SIuV V
s
frt
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
'5520 13
• L -k'1 'e?
•.•'.7.
rr/11i1f I II'1
SHEET: 3 OF 3
P.O.C.
13:66'
P.O.B.
NE COR.
S23-T6N-R67W
3-1/4" ALUM.
CAP STAMPED
LS#33642 IN
MON. BOX
3 MATTHEW W. BRIER
MELANIE L. BRIER
LOT B/RE-3466
{
NE 1/4
SV-RiV-1657W
EXISTING R.O.W.
RD.BK-3/PG-59
JAN. 26, 1882
3939060 Pages: 9 of 12
06/10/2013 02:28 PM R Fee:$0.00
Steve Morena, Clerk and Recorder, Weld County, CO
���� I �.r14. 2!J : k' Krh�liFi�lil�Jfi'El �dh RlNrr�+Mid I 11111
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Temporary Easement Number: TE-1
FROM
Shirley E. Tregoning Living Trust
Merrill E. Tregoning
Margaret M. Matthews
James W. Matthews
518 Chestnut St.
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
and CR 23 realignment
1 of 3
3939060 Pages: 10 of 12
06/10/2013 02:28 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
•iNcr Q! i NC TIA LIV61 !1I' ' v,11111
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
PARCEL NUMBER: TE-1
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A Temporary Easement No. TE-1 of Weld County, and being part of the Department of Transportation, State of
Colorado, Project Code SA 18121, Project Number STU C030-043, containing 1,242.35 square feet, more or less, in
Lot B of Recorded Exemption No. 0807 -23 -1 -RE 1031 in the Northeast One -Quarter of Section 23, Township 6
North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, said parcel being more particularly
described as follows:
COMMENCING at the North One -Quarter corner of Section 23, Township 6 North, Range 67 West;
Thence South 89'47'10" East along the north line of said Northeast One -Quarter a distance of 605.06 feet;
Thence South 00'12'50" West a distance of 32.46 feet to a point on the existing southerly right-of-way line of
Colorado State Highway 392 and being the TRUE POINT OF BEGINNING;
1. Thence along said southerly right-of-way line South 89`44'32" East to a point on the westerly line of Lot A
of said Recorded Exemption a distance of 30.00 feet;
2. Thence South 37'00'19" East along said westerly line a distance of 37.69 feet;
3. Thence North 89"44'32" West a distance of 52.82 feet;
4. Thence North 00°15'28" East to a point on said existing southerly right-of-way a distance to 30.00 feet to
the TRUE POINT OF BEGINNING.
The above described parcel contains 1,242.35 sf. or 0.03 ac. more or less.
Basis of Bearings: Alt bearings are based on a grid bearing of the north line of said Northeast One -Quarter as
bearing North 89'47'10" West a distance of 2616.22 feet from the Northeast corner to the North One -Quarter
corner of Section 23, Township 6 North, Range 67 West and escribed as shown.
For and on behalf of Weld Count
Leon W. Sievers, PLS 23520
(970)304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 8063
3939060 Pages: 11 of 12
06/10/2013 02:28 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
X111 �1R�RGk�44'w��+ILNZRh� �'�f�K4i1�4Nw,�Y�h 11111
PECa1S.,ffjr
}iI.
�\Q9'S�titEs"•7
2220 3
rrlNI 1111'"'
2 of 3
EXHIBIT -A
NE I/4 S23-T6N-R67W
N 1/4 COR. S23-T6N-R67W
2-1/2" ALUM. PIPE STAMPED
LS#20685 IN MON. BOX
P.O.C.
n
605.06'
P.O.B.
_589'44'32"E
TEMPORARY
EASEMENT
1,242.35 sf.
'OR 0.03 ac.
WINDSOR LV LLC
CV N
O N
0
W
OD
N
In
O
0
z
HWY
S89'44 32"E
N89'44'32"W
TE-1
SHIRLEY E. TREGONING LIVING TRUST
MERRILL E. TREGONING
MARGARET M. MATTHEWS
JAMES W. MATTHEWS
PARC.#080723000042
RECP.#2060717 & #3527288
LOT B/RE-1031
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
NE COR. S23-T6N-R67W
3-1/4" ALUM. CAP STAMPED
LS#33642 IN MON. BOX-'
_N89'47'10"W 2616.22'
BASIS OF BEARINGS
JAMES &
MARGARET
MATTHEWS
LOT A/RE-1031
TEMPORARY
EASEMENT
TREGONNING LIVING TRUST
SH 392 & WCR 23
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
CR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
CDOT PROJECT NO#: STU C030-043
CDOT PROJECT CODE: SA 18121
DATE:
SCALE:
1^..30•
1042-12
DRAWN BY:
JHB
SHEET: 30*3
3939060 Pages: 12 of 12
06/10/2013 02:28 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
11111 k!�1w'C4Mti�hhG'DF�111YI�fkl'kN�'hP:iGQJ��� �Y�h �� III
HERITAGE TITLE COMPANY, INC
5586 West 19th Street #1000, Greeley, CO 80634
Phone: (970) 330-4522 Fax: (866) 828-0844
Buyers/Borrowers Closing Statement
FINAL
Escrow No: H0372259 - 084 MG4 Close Date: 06/06/2013 Proration Date: 06/06/2013
Buyer(s)/Borrower(s):
Seller(s):
Property:
Brief Legal:
Date Prepared: 06/03/2013
The State of Colorado for the use and benefit of the Department of Transportation
Shirley E. Tregoning and Merrill E. Tregoning, Trustees, or their successors in trust, under the Shirley Elizabeth
Tregoning Living Trust, dated March 16, 1989, and any amendments thereto
Margaret M. Matthews
James William Matthews
Vacant Land
Windsor, CO 80550
Lot B RE -1031 part of the W2NE4 23-6-67
Description
Debit
Credit
TOTAL CONSIDERATION:
Total Consideration
REAL ESTATE CLOSING CHARGES
Escrow Fee to Heritage Title Company, Inc. (POCB 390.00)
PRORATIONS AND ADJUSTMENTS:
County Taxes from 01/01/2013 to 06/06/2013 based on the Annual amount
of $11.34
Temporary Easements
TITLE CHARGES:
Owners Policy $8,400.00 (POCB 473.00)
Tax Cert to Heritage Title Company, Inc. (POCB 10.00)
8,400.00
300.00
4.88
Sub Totals
Balance Due From Buyer/Borrower
8,700.00
4.88
8,695.12
Totals
8,700.00
8,700.00
--Sales or use taxes on personal property not included. Heritage Title Company assumes no responsib lity for the adjustment of special
taxes or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be
determined by reference to the title evidence provided by seller or by personal investigation. The above statement of settlement is approved as
of the settlement date shown above and Escrow Holder is hereby authorized to disburse as Trustee Funds as indicated --
B uyer(s)/B/ofrov9e r(s):
iam F Garcia, Chair of the County of Weld,
A body corporate and politic
Settlement Agent:
HERITAGE TITLE COMPANY, INC.
tit
by Melinda Gualandri
by Melinda Gualandri
HERITAGE TITLE COMPANY, INC.
5586 West 19th Street #1000, Greeley, CO 80634
Phone: (970) 330-4522 Fax: (866) 828-0844
Sellers Closing Statement
FINAL
Escrow No: H0372259 - 084 MG4 Close Date: 06/06/2013
Seller(s):
Proration Date: 06/06/2013 Date Prepared: 06/03/2013
Shirley E. Tregoning and Merrill E. Tregoning, Trustees, or their successors in trust, under the Shirley Elizabeth
Tregoning Living Trust, dated March 16, 1989, and any amendments thereto
Margaret M. Matthews
James William Matthews
Buyer(s)/Borrower(s): The State of Colorado for the use and benefit of the Department of Transportation
Property:
Brief Legal:
Vacant Land
Windsor, CO 80550
Lot B RE -1031 part of the W2NE4 23-6-67
Description
Debit
Credit
TOTAL CONSIDERATION:
Total Consideration
8,400.00
ADDITIONAL CHARGES:
1/2 Seller Proceeds to Shirley E. Tregoning
4,347.56
1/2 Seller Proceeds to Margaret M.& James W. Matthews
4,347.56
PRORATIONS AND ADJUSTMENTS:
County Taxes from 01/01/2013 to 06/06/2013 based on the Annual amount
of $11.34
4.88
Temporary Easements
300.00
Sub Totals
8,700.00
8,700.00
Balance Due From Seller
0.00
Totals
8,700.00
8,700.00
--Sales or use taxes on personal property not included. Heritage Title Company assumes no responsibility for the adjustment of special
taxes or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be
determined by reference to the title evidence provided by seller or by personal investigation. The above statement of settlement is approved as
of the settlement date shown above and Escrow Holder is hereby authorized to disburse as Trustee Funds as indicated--
Seller(s):
ley E. Tregoning and Merrill E. Tregoning, Trustees, or their successors in Mar. a,r t M. Matthews
ust, under the Shirley Elizabeth Tregoning Living Trust, dated March 16,
1:989, and any ame meats thereto •
4
James William Matthews
Settlement Agent:
HERITAGE TITLE COMPANY, INC.
RE: Commitment No. 459-H0372259-084-MG4
AFFIDAVIT AND INDEMNITY AGREEMENT
TO HERITAGE TITLE COMPANY, INC., a Colorado Corporation and Commonwealth Land Title
Insurance Company, a Nebraska Corporation.
1. This is written evidence to you that there are no unpaid bills, and to the extent there may be
unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that
there shall be no mechanics or materialmen's liens affecting the property for materials or labor
furnished for construction and erection, repairs or improvements contracted by or on behalf of
the undersigned on property:
legally described as:
See Exhibit A attached hereto and made a part hereof.
Property Address: Vacant Land, Windsor, CO 80550
2. We further represent that to the actual knowledge and belief of the undersigned there are no
public improvements affecting the property prior to the date of closing that would give rise to a
special property tax assessment against the property after the date of closing.
3. We further represent that to the actual knowledge and belief of the undersigned there are no
pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any
tax liens filed or taxes assessed against us which may result in liens, and that if there are
judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties
with same or similar names, that they are not against us.
4. We further represent that there are no unrecorded contracts, leases, easements, or other
agreements or interests relating to said premises of which we have knowledge.
5. We further represent that to the actual knowledge and belief of the undersigned we are in sole
possession of the real property described herein other than leasehold estates reflected as
recorded items under the subject commitment for title insurance.
6. We further represent that there are no unpaid charges and assessments that could result in a lien
in favor of any association of homeowners which are provided for in any document referred to in
Schedule B of Commitment referenced above.
7. We further understand that any payoff figures shown on the settlement statement have been
supplied to Heritage Title Company, Inc. as settlement agent by the seller's/borrower's lender
and are subject to confirmation upon tender of the payoff to the lender, If the payoff figures are
inaccurate, we hereby agree to immediately pay any shortage(s) that may exist. If applicable as
disclosed or referred to on Schedule A of Commitment referenced above.
The undersigned affiant(s) know the matters herein stated are true and indemnifies HERITAGE
TITLE COMPANY, INC., a Colorado Corporation and Commonwealth Land Title Insurance
Company, a Nebraska Corporation against loss, costs, damages and expenses of every kind
incurred by it by reason of its reliance on the statements made herein.
This agreement is executed with and forms a part of the sale and/or financing of the above
described premises, and is given in addition to the conveyance and/or financing of the premises
in consideration for the conveyance and/or financing, and forms a complete agreement by itself
for any action thereon.
SELLERS:
494,,z,tie co
Shirley E. Tregoning and Merrill E.
Tregoning, Trustees, or their successors
in trust, under the Shirley Elizabeth
Tregoning Living Trust, dated March 16,
1989, and any amendments thereto
State of Colorado
County of WELD
ames William Matt ews
}SS:
aret M. atthe
The foregoing instrument was acknowledged, subscribed, and sworn to before me June 6, 2013
by Shirley E. Tregoning and Merrill E. Tregoning, Trustees, or their successors in trust, under the
Shirley Elizabeth Tregoning Living Trust, dated March 16, 1989, and any amendments thereto
and Margaret M. Matthews and James William Matthews.
(SEAL)
MELINDA GUALANDRI
Notary Public
State of Colorado
My Commission Expires: October 17, 2014
LIC# 19944016549
.11 DLO
Notary Public
My Commission Expires:
AFFINDEM-Affidavit and Indemnity Agreement
RE: Commitment No. 459-H0372259-084-MG4
RE0 Loan N
Exhibit A
A parcel of land No. RW-1A of the Department of Transportation, State of Colorado, Project Code SA
18121, Project Number STU C030-043, Lot B of Recorded Exemption No. 0807 -23 -1 -RE 1031 in the
Northeast One -Quarter of Section 23, Township 6 North, Range 67 West of the 6th P.M., Weld
County, Colorado, said parcel being more particularly described as follows:
Commencing at the Northeast corner of Section 23, Township 6 North, Range 67 West;
Thence North 89°47'10" West along the north line of said Northeast One -Quarter a distance of
1349.66 feet;
Thence South 00°12'50" West a distance of 32.97 feet to a point which intersects the existing
southerly right-of-way line of Colorado State Highway 392 and westerly right-of-way line of Weld
County Road 23 and being the True Point of Beginning;
1. Thence continuing along said westerly right-of-way line South 00°37'12" East a distance of
92.56 feet;
2. Thence South 89°22'48" West a distance of 30.00 feet;
3. Thence North 47°47'35" West a distance of 94.59 feet;
4. Thence North 89°47'10" West to the east line of Lot -A of said RE -1031 a distance of 288.14
feet;
5. Thence North 01°31'32" East to a point on the existing southerly right-of-way line of State
Highway 392 distance of 30.00 feet;
6. Thence South 89°44'32" East along said right-of-way line a distance of 386.40 feet to the
True Point of Beginning.
Basis of Bearings: All bearings are based on a grid bearing of the north line of said Northeast One -
Quarter as bearing North 89°47'10" West a distance of 2616.22 feet from the Northeast corner to the
North One -Quarter corner of Section23, Township 6 North, Range 67 West and described as shown.
TAX, WATER, SEWER, CITY SERVICES AND
HOMEOWNER'S ASSOCIATION AGREEMENT
PROPERTY: Vacant Land, Windsor, CO 80550
THE UNDERSIGNED, have read and understand the following, and by their signatures below, agree to the
following:
TAXES, TAX PRO -RATIONS
Purchaser has received, as of this date June 6, 2013, a credit from seller for taxes for the current year. This
pro -ration was calculated based on:
Taxes for the calendar year immediately preceding closing in the amount of $11.34
THIS ADJUSTMENT BETWEEN SELLER AND PURCHASER SHALL BE CONSIDERED A FINAL
SETTLEMENT, AND PURCHASER IS OBLIGATED TO PAY ALL TAXES FOR THE CURRENT YEAR.
Seller warrants that the above property IS NOT subject to a pending tax protest or appeal. Seller further
warrants that special assessments, if any, affecting subject property are paid in full, except as reflected on
the statement of settlement.
II. WATER AND SEWER
Not Applicable
IN THE EVENT THAT FINAL BILL EXCEEDS THE ESCROWED AMOUNT, ANY ADDITIONAL
CHARGES ARE THE RESPONSIBILITY OF THE SELLER AND/OR BUYER.
III. HOMEOWNER'S/CONDOMINIUM ASSOCIATION
Not Applicable
PURCHASER AND SELLER HAVE REVIEWED THE ABOVE REFERENCED HOME OWNER'S
ASSOCIATION INFORMATION AND HEREBY AGREE THAT IT REPRESENTS A COMPLETE AND
ACCURATE LIST OF ASSOCIATIONS/SUB-ASSOCIATIONS FOR THE ABOVE REFERENCED
PROPERTY. Heritage Title Company, Inc. IS HEREBY RELEASED OF ANY LIABILITY WITH REGARD
TO ANY ASSOCIATIONS/SUB-ASSOCIATIONS NOT LISTED ABOVE.
SELLER'S INITIALS: BUYER'S INITIALS:
With regards to the closing of Vacant Land, Windsor, CO 80550 (Property Address), both the buyer(s) and seller(s)
fully understand that the telephone company, Public Service Company and the present hazard insurance agency will
not be notified by the escrow agent.
twshicit — Tax, Water, HOA Agreement
ESCROW #: 459-H0372259-084-MG4
SELLERS: BUYER:
Shirley E. Tregoning and Merrill E. Tregoning,
Trustees, or their successors in trust, under the
Shirley Elizabeth Tregoning Living Trust, dated
March 16, 1989, and any amendments thereto
ames William Matthews
Refund Address:
518 Chestnut St.
Windsor, CO 80550
William F Garcia, Chair of the County of Weld,
A body corporate and politic
Special Instructions
Reference #:
Seller Phone#:
Buyer's Forwarding Address
Buyer Phone #
ESCROW #: 459-F10372259-084-MG4
Certificate Of Taxes Due
Account Number R0089288
Parcel 080723000042
Assessed To
TREGONING SHIRLEY ELIZABETH LIVING TRUST
518 CHESTNUT STREET
WINDSOR, CO 80550
Certificate Number 78412
Order Number
Vendor ID 45
HERITAGE TITLE CO INC LGREELEY
5586 W 19TH ST
GREELEY , CO 80634
Legal Description
PT W2NE4 23-6-67 LOT B REC EXEMPT RE -1031 (5D2.81R)
Situs Address
Year Tax
Tax Charge
Interest Fees
Payments Balance
2012 $957.55
Total Tax Charge
$0.00 $0.00
($957.55) $0.00
$0.00
Grand Total Due as of 05/30/2013 $0.00
Tax Billed at 2012 Rates for Tax Area 0405 - 0405
Authority
WELD COUNTY
SCHOOL DIST RE4
NORTHERN COLORADO WATER (NC
WINDSOR -SEVERANCE FIRE
WINDSOR -SEVERANCE FIRE (BON
AIMS JUNIOR COLLEGE
CLEARVIEW LIBRARY
Taxes Billed 2012
* Credit Levy
Mill Levy Amount Values Actual Assessed
16.8040000* $192.40 AG -FLOOD IRRRIGATED $39,449 $11,440
47.9490000 $549.02 LAND
1.0000000 $11.45 AG -WASTE LAND $45 $10
7.1940000 $82.37 Total $39,494 $11,450
0.7700000 $8.82
6.3180000 $72.34
3.5940000 $41.15
83.6290000 $957.55
WARNING - THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS OR PARENT OR CHILD ACCOUNTS.
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO
ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED
PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, REAL PROPERTY -
SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS,
THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax
collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for
unpaid taxes as shown by the records In my office from which the same may still be redeemed with the amount required for redemption are as noted herein.
In witness whereof, I have hereunto set my hand and seal.
TREASURER, WELD COUNTY, John R. Lefebvre, Jr.
1400 N. 17th Avenue
Greeley, CO 80631
7614
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May 30, 2013 10:12:37 AM
Page 1 of 1
Property Profile - Print
Property Profile for Account #R0089288
June 3, 2013
Page 1 of 2
Account Information
Account
R0089288
Parcel
080723000042
Space
Account Type
Agricultural
Tax Year
2013
Tax Area
0405
Buildings
0
Actual Value
49,874
Assessed Value
14,460
Legal
PT W2NE4 23-6-67 LOT B REC EXEMPT RE -1031 (5D2.81R)
Subdivision
Block
Lot
Land Economic Area
2201 WINDSOR
Property Address
Property City
Zip
Section
Township
Range
23
06
67
Owner Information
Owner(s)
MATTHEWS JAMES
WILLIAM (1/4 INT)
MATTHEWS
MARGARET M (1/4
INT)
TREGONING MERRILL
E
Address Line 1
TREGONING SHIRLEY
ELIZABETH LIVING
TRUST
518 CHESTNUT STREET
Address Line 2
City
WINDSOR
ST
CO
Zip
80550
Valuation Information
Type
Land
Land
Code
4117
Description
FLOOD IRRIGATED LAND -AGRICULTURAL
4167
WASTE LAND
Actual Value
49,826
48
49,874
Assessed
Value
14,450
10
14,460
Acres
Land SqFt
59.876
11.054
70.930
2,608,198
481,512
3,089,710
Tax Information
Tax Area
District ID
District Name
Current Mill Levy
Tax Year
0405
0100
WELD COUNTY
16.804
2013
0405
0204
SCHOOL DIST RE4
47.949
2013
http://properryproff le.co.weld.co.us/index.html?version=2&account=R008928 8
6/3/2013
Property Profile - Print
0406 0301
NORTHERN COLORADO WATER (NCW)
Page 2 of 2
1.000 2013
0406
0406
0405
0405
0405
0304
0521
0533
0700
1061
NORTH WELD COUNTY WATER (NWC)
WINDSOR -SEVERANCE FIRE
WINDSOR -SEVERANCE FIRE (BOND 2023)
AIMS JUNIOR COLLEGE
CLEARVIEW LIBRARY
0.000
7.194
0.770
6.318
3.694
83.629
2013
2013
2013
2013
2013
http://propertyprofile.co.weld.co.us/index.html?version=2&account=R0089288 6/3/2013
Disclosures
Escrow #: 459-H0372259-084-MG4
PROPERTY ADDRESS: Vacant Land, Windsor, CO 80550
THE UNDERSIGNED, have read and understand the following, and by their signatures below,
agree to the following:
Continued funds management
In regard to the management and disbursement of funds, the Closing Company may issue its
trust funds check to third parties relevant to the transaction. If any check shall remain not -
negotiated, on the one -hundred -eighty-first (181st) day after issue, the Closing Company shall
attempt to contact the "owner" of said funds or relevant party that caused said check to be
issued. If 45 days after the letter is issued said check continues to remain not -negotiated,
Closing Company shall void said check, process those funds as abandoned and cause them to
be escheated to the payee under the applicable state regulations.
Check Disbursement Procedures
In the event any check is later returned to Heritage Title Company, to be replaced or
otherwise disbursed, Heritage Title will only be able to disburse said funds after a
stop payment has been placed on the returned check and confirmation of that stop
has been received from the issuing bank the following business day.
Disclosure of Possible Benefits to Closing Company
As a result of Closing Company maintaining its general escrow accounts with the depositories,
Closing Company may receive certain financial benefits such as an array of bank services,
accommodations, loans or other business transactions from the depositories ("collateral
benefits"). All collateral benefits shall accrue to the sole benefit of Closing Company and
Closing Company shall have no obligation to account to the parties to this escrow for the value
of any such collateral benefits. You have the opportunity to earn interest on your escrowed
funds as follows: As an example: the amount of interest you can earn on a deposit of
$1000.00 for a thirty day period at an interest rate of 4% is $3.33. Interest earned is
dependent on the amount of the deposit, length of time of the deposit and the prevailing
interest rate. To establish an interest bearing account, ask for an "Escrow Instruction -Interest
Bearing Account," complete the form and return it to your escrow officer. The charge to set
up and service the interest bearing account shall not exceed $100.00
FIRPTA Waiver Of Settlement Agent Responsibility
Heritage Title Company, Inc. is released from and shall have no liability, obligation or
responsibility with respect to, (a) withholding of funds pursuant to Section 1445 of the
Internal Revenue Code 1986 as amended, (b) advising the parties as to the requirements of
such Section or (c) determining whether the transferor is a foreign person under such Section,
acting as the Qualified Substitute or otherwise making any inquiry concerning compliance with
such Section for any party to the transaction.
REO Loan #
cfmLT
Shirley E. Tregoning and Merrill E. Tregoning,
Trustees, or their successors in trust, under the
Shirley Elizabeth Tregoning Living Trust, dated
March 16, 1989, and any amendments thereto
s William atthews
REO Loan #
cfmLT
BUYER:
William F Gal`cia, Chair of the County of Weld,
A body corporate and politic
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