HomeMy WebLinkAbout20131108.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO
COUNTY ROAD 23 AND AUTHORIZE CHAIR TO SIGN - MATTHEW AND MELANIE
BRIER
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 Public
Road Right -of -Way and Temporary Construction Easement for 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 Matthew and
Melanie Brier, 3290 County Road 23, Windsor, Colorado, 80550, commencing upon execution of
signature, and ending upon completion of said project, whichever is earlier, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said easement, 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 Road 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 Matthew and Melanie Brier, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
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2013-1108
EG0068
AGREEMENT FOR PURCHASE OF PUBLIC ROAS RIGHT-OF-WAY AND TEMPORARY
CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 23 -
BRIER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD G Uf TAG, COLORADO
it .am
ATTEST:
erwaa.
Weld County Clerk to the
BY:
APP
Date of signature: 5Ito
ademach• r, Pro-Tem
Sean P. Conway
Mike Freeman
orney EXCUSED
Barbara Kirkmeyer
2013-1108
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: April 30, 2013
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda
Agreement for Purchase of ROW and Temporary Construction Easement on WCR 23 with
Matthew and Melanie Brier for a total amount of $46,816.00.
M\Francie\AGENDA memos \AgendaLeon-1 docx
2013-1108
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
Attachments: Agreement Value Summary
Parcel ROW Map
Comments
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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AGREEMENT FOR THE PURCHASE OF
PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23,
BETWEEN MATTHEW AND MELANIE BRIER AND WELD COUNTY, COLORADO
et
THIS AGREEMENT is made this Co — day of , */a , 201 ,5, by and between
Matthew and Melanie Brier, whose address is 32890 Weld Count Road 23, Windsor, Colorado
80550, hereinafter referred to as "Owner," 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, Owner owns real property described in the attached Exhibit "A" (hereinafter
referred to as "Public Road Right -of -Way"), and
WHEREAS, Owner owns real property described in the attached Exhibit "B" (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 reconstruct
the existing driveway and to construct a new driveway which is required in conjunction with the
Road Improvement Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell and County agrees to purchase the Public Road Right -of -Way
shown and/or described on Exhibit "A" (a copy of which is attached hereto and made
a part hereof by this reference), for the sum of Nine Thousand Six Hundred Eighty
and no/100 Dollars, ($9,680.00). The parties acknowledge and agree that said
Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 1
3938133 Pages: 1 of 14
06/06/2013 02:07 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County: CO
ant tkr1RN,ti,1i1ittrilDWr+ire, it III
ao13-/l08
purchase price represents full, fair and valuable consideration.
2. Owner agrees to sell and County agrees to purchase the Temporary Construction
Easement shown and/or described on Exhibit "B" (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 Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and the
Temporary Construction Easement and will defend title thereto against all claims.
4. Owner agrees 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. Owner agrees 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 July 1, 2013, and shall
expire and be of no further force or effect on July 1, 2014, or upon the completion of
the Road Improvement Project, whichever is earlier.
7. Owner 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 B 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. Owner 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. Owner 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. Owner 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
Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 2
3938133 Pages: 2 of 14
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Steve Moreno, Clerk and Recorder, Weld County, CO
•r.icaumttctFvdloi illeti1ilikili ti1411111
interest in the Public Road Right -of -Way and/or Temporary Construction Easement.
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 Thirty Six Thousand Eight Hundred Thirty Six and no/100
Dollars ($36,836.00) as reimbursement for damages to 1972 lf for fence, 1960 lf of
concrete lined irrigation ditch, installation of two driveway culverts and the removal
of twenty five existing trees.
4. County shall pay Owner for the Public Road Right -of -Way and Temporary
Construction Easement by County warrants at the date of closing.
5. County, as a condition of the granting of this Temporary Construction Easement,
covenants and agrees to restore the property described in Exhibit B 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 driveways, 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 teens 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
Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 3
3 of 14
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02 07P11 R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
�IIIEPJ1 1145AINICLI1n III!ii+ENkiii4iYlyhIIIII
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
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.
MATTHEW BRIER MELANIE BRIER
By: !"1001:20 e.,tuCCu.�.JL�e1�
By:
Title: Owner Title: Owner
3938133 Pages:
06/06/2013 2eo and Recorder, 02:07PMFee:0 00d County, CO
Steve sillFAZ1VVrNTSAMMAJIl,kJFIiiiiii iIIn
Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 4
O
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Bo. d
BY.
Deputy Cler 'to the Board
3938133 Pages: 5 of 14
06/06/2013 �2eo 02:07 Clerk Pvid Re Fee:$0.00d Co�nty� CO
tit r :df'I �PJti��=IiFt�+{�rw Y4rh II III
Williaml 'Garcia, Chair
MAY 062013
Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 5
aola -HO r
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-3
STA. 210+70.82 Rt. to STA. 216+90.56 Rt. (WCR 23 Align.)
FROM
Matthew W. Brier and Melanie L. Brier
32890 WCR 23
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
and CR 23 realignment
3938133 Pages: 6 of 14
06/06/2013 02:07 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
VIII KA Muti.�i�J CrOd Itifflii5lh Vlirlikilliii 1I III
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EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
PARCEL NUMBER: RW-3
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A parcel of land No. RW-3 of Weld County, and being part of the Department of Transportation, State of Colorado,
Project Code SA 18121, Project Number STU C030-043, containing 0.19 acres, more or less, in Lot B of Recorded
Exemption No. 0807 -23 -1 -RE 3468 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 1289.67 feet;
Thence South 00°12'50" West a distance of 31.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and easterly right-of-way line of Weld County Road 23;
Thence South 00°37'12" East along said easterly right-of-way line a distance of 92.68 feet and being the TRUE
POINT OF BEGINNING;
1. Thence North 89°22'48" East a distance of 20.00 feet;
2. Thence South 00°37'12" East a distance of 209.32 feet;
3. Thence South 89°22'48" West a distance of 10.00 feet;
4. Thence South 00°37'12" East a distance of 416.30 feet to a point of a non -tangent curve to the right;
5. Thence 6.59 feet along the arc of said curve whose radius is 168.32 feet, central angle is
02°14'31" and whose chord bears North 27°24'00" West a distance of 6.59 feet;
6. Thence South 89°22'48" West a distance of 7.03 feet to a point on said easterly right-of-way line;
7. Thence North 00°37'12" West along said right-of-way line a distance of 619.74 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 8,298.97 sf. or 0.19 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 County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
3938133 Pages: 7 of 14
06/06/2013 02:07 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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EXHIBIT -A
NE I/4 S23-T6N-R67W
N89'47'10"W 2616.22' rBASIS OF BEARINGS
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2'1/2" ALUM.
PIPE' STAMPED
LS#205
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EXISTING R.Q.W.-
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JAN. 26, 1882
AMBER R. HAND
JOEL M. HAND
LOT A/RE-3468
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HWY 392
ADD171ONAL-
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RW-3
ADDITIONAL
L3 RIGHT—OF—WAY
8,298.97 sf.
OR 0.19 ac.
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. 1289:67_
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3-1/4" ALUM. CAP STAMPED
LS#33642 IN MON. BOX
RW-3 & TE-3
MATTHEW W. BRIER
MELANIE L. BRIER
3/4
PARC.#080723 100055 '.z TEN -R670/
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LINE TABLE
L1
SOO'12'50"W
31.97'
L2
N89'22'48"E
20.00'
L3
589'22'48"W
10.00'
L4
N89'22'48"E
30.00'
L5
SOO'37'12"E
55.00'
L6
S89'22'48"W
30.00'
L7
N00'37'12"W
55.00'
N
(TIE)
c� r -N89 22'48"E 10.00
(I)
P.O.B.
TE-3
/L4' ---TEMPORARY
r -•,,,to EASEMENT
7// 1,650.00 sf.
2L6% OR 0.04 ac.
S89'22'48"W
/7.03'
L=6.59'
R=168.32
02'14'31"
C=6.59'
CB=N27'24'00'W
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NOTE: THIS\;EXHIBIT MAP DOES NOT '
REPRESENT A MONUMENTED LAND
SURVEY OR LXND SURVEY PLAT.
IT IS INTENDED`TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY. 1\
RIGHT-OF-WAY ACQUISITION
&
TEMPORARY EASEMENT
MATTHEW & MELANIE BRIER
32890 WCR 23
WINDSOR, COLORADO
gb1
NTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
CDOT PROJECT NO#: STU C030-043 SCALE:
CDOT PROJECT CODE: SA 18121
1"=100'
DATE:
I0-12-12
DRAWN BY:
JHB
SHEET: 3 013
COLORADO DEPARTMENT OF TRANSPORTATION
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-3A
STA. 122+17.96 Rt. to STA. 134+77.82 Rt. (SH 392 Align.)
FROM
Matthew W. Brier and Melanie L. Brier
32890 WCR 23
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
and CR 23 realignment
3938133 Pages: 9 of 14
06/06/2013 02:07 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder.. Weld County, CO
k'te, ui
lof 3
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
PARCEL NUMBER: RW-3A
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A parcel of land No. RW-3A of the Department of Transportation, State of Colorado, Project Code SA 18121,
Project Number STU C030-043, containing 0.69 acres, more or less, in Lot B of Recorded Exemption No. 0807 -23-
1 -RE 3468 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 said north line a distance of 1289.67 feet;
Thence South 00°12'50" West a distance of 31.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and easterly right-of-way line of Weld County Road 23 and being the TRUE
POINT OF BEGINNING;
1. Thence South 89°52'26" East along said southerly right-of-way line a distance of 1259.89 feet;
2. Thence South 00'12'46" East a distance of 20.00 feet;
3. Thence North 89°47'10" West a distance of 1121.36 feet;
4. Thence South 57°52'03" West a distance of 138.89 feet;
5. Thence South 89°22'48" West a distance of 20.00 feet to a point on said easterly right-of-way line;
6. Thence North 00°37'12" West along said right-of-way line a distance of 92.68 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 29,869.68 sf. or 0.69 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 County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
t-'—` 23520 CO
,� S
oo, ILAND \\\C
• lil o
l��
3938133 Pages: 10 of 14
06/06/2013 02:07 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
2 of 3
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BRIER
32890 WCR 23
WINDSOR, CO
EXHIBIT -A
PROJECT NO. STU C030-043
PROJECT CODE: SA 18121
PARCEL NO. RW-3A
Oct. 12, 2012
SHEET: 3 OF 3
60'
EXISTING R.O.W.
RD.BK--3/PG-59
JAN. 26, 1882
ADDITIONAL
RIGHT-OF-WAY
WELD COUNTY
23520
•
//54_1 I l II a%) ,‘\\`
��`\\\`
•
•
•
NN\
1•
Z'ON 1VNYD A 139219
WCR 23
S89.22'48"W
20.00'
RW-3A
N 00'37'12"W
0
ADDITIONAL
RIGHT—OF—WAY
29,869.68 sf.
OR 0.69 ac.
MATTHEW W. BRIER
MELANIE L. BRIER
PARC.#080723 100055
RECP.#3212110
LOT B/RE-3468
VARIES
z
co
(0
v
EXISTING R.O.W.
BK-1345/PG-163 AND
DEC. 5, 1952 AND
RD. BK-1 /PG -88 1871
600.12'46"E
20.00'
L1
P.O.B.
•z
EDO
01 '
ci
I
N 1/4 COR. S23-T6N-R67W
2-1/2" ALUM. PIPE STAMPED
LS#20685 IN MON. BOX
NB V4
SWTt Rf7W
LINE TABLE
L7 I SO0'12'50"W 131.97'
SCALE: I" = 100'
WINDSOR LV LLC
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
P.O.C.
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Temporary Easement Number: TE-3
FROM
Matthew W. Brier and Melanie L. Brier
32890 WCR 23
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
And CR 23 realignment
14
06/06/2013 33 Pages:
02 07PM R Feef$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■IIIP Pj!ZIhr'NINT!TIl'Jh,'?+'11111
1 of 3
EXHIBIT "B"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
TEMPORARY EASEMENT NUMBER: TE-3
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A Temporary Easement No. TE-3 of Weld County, and being part of the Department of Transportation, State of
Colorado, Project Code SA 18121, Project Number STU C030-043, containing 0.04 acres, more or less, in Lot B of
Recorded Exemption No. 0807 -23 -1 -RE 3468 in the Northeast One -Quarter of Section 23, Township 6 North,
Range 67 West of the 6`h 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 1289.67 feet;
Thence South 00'12'50" West a distance of 31.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and easterly right-of-way line of Weld County Road 23;
Thence South 00'37'12" East along said easterly right-of-way line a distance of 577.81 feet;
Thence North 89°22'48" East a distance of 10.00 feet and being the TRUE POINT OF BEGINNING;
1. Thence North 89°22'48" East a distance of 30.00 feet;
2. Thence South 00°37'12" East a distance of 55.00 feet;
3. Thence South 89°22'48" West a distance of 30.00 feet;
4. Thence North 00°37'12" West a distance of 55.00 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 1,650.00 sf. or 0.04 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 County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
2 of 3
06/06/2013 33 Pages:
02 07PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
VIII t41�1ti1�, ?F Y Il�id pN4 N iiii1.I1l 1+IM+1N i 11111
EXHIBIT -B
NE I/4 S23-T6N-R67W
N89'47'10"W 2616.22' HWY 392
T--,4---BASIS OF BEARINGS
5
N 1/4 COR.
- X23-T6N-R67W'
2.1/2" ALUM. I
PIPE` STAMPED
LS#20665
IN MON. BOX
to
N
N
In
S00'37'12"E
EXISTING R.I.W.
RD.BK-3/PC-599
JAN. 26, 1882 111111
1.60'
AMBER R..HAND-J
JOEL M. HAND . N
LOT A/RE-3468
Co'
to
cV
rn'
9i
CV
N
0
0
�ADDITIONAL , .-----
RIGHT-OF-WAY ,
COOT
P.O.B..
L2.
L3
CV
0
In
20'
RW-3
ADDITIONAL
RIGHT—OF—WAY
8,298.97 sf.
OR 0.19 ac.
1289.67'
RW-3 & TE-3
MATTHEW W. BRIER
MELANIE L. BRIER
PARC.#080723 100055
RECP.#3212110
LOT B/RE-3468
LINE TABLE
L1
SOO'12'50"W
31.97'
L2
N89'22'48"E
20.00'
L3
S89'22..'48"W
10.00'
L4
N89'22'48"E
30.00'
L5
S00'37'12"E
55.00'
L6
S89'22'48"W
30.00'
L7
N00'37'12"W
55.00'
\\iilIiiIH tr
NT89 22'48"E \s • �®'
P.O.B.
TE-3
/L4 —TEMPORARY
r�,tn EASEMENT
�j� 1,650.00 sf.
/'L6i OR 0.04 ac.
S89'22'48"W
/7.03'
L=6.59'
R=168.32
A=02°14'31"
C=6.59'
CB—N27'24'00"W
1
:i
NOTE: THISI`.EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED ; TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
P.O.C.
NE COR. 523-T6N-R67W)
3-1/4" ALUM. CAP STAMPED
LS#33642 IN MON. BOX
NE 1/4
811, -TOT -ROW
/
RIGHT-OF-WAY
RIGHT-OF-WAY ACQUISITION
TEMPORARY EASEMENT
MATTHEW & MELANIE BRIER
32890 WCR 23
WINDSOR, COLORADO
1861
lL
G uNTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
CDOT PROJECT NO#: STU C030-043
CDOT PROJECT CODE: SA 1812I
SCALE:
1"=100'
DATE:
DRAWN BY:
10-12-12
JHB
SHEET: 3 of3
WARRANTY DEED
THIS DEED is dated August 30, 2013, and is made between Matthew W. Brier and Melanie L. Brier the "Grantor,"
and The State of Colorado for the use and benefit of the Department of Transportation (whether one, or more than one),
the "Grantee," whose legal address is 4201 E Arkansas Avenue, Denver, CO of the County of Denver and State
of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of Ten and No/100ths DOLLARS, ($10.00), the
receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the
Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon,
located in the County of Weld and State of Colorado, described as follows:
See Attached Exhibit
Reserving unto Grantor any and all mineral rights.
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
Grantee and the Grantee's heirs and assigns forever.
The Grantor, for itself and its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee,
and the Grantee's 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 Grantee and the heirs and assigns of
the Grantee, against all and every person or persons claiming the whole or any part thereof.
IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto subscribed by its president,
vice-president, or other head officer, and its corporate seal to be affixed, attested by its secretary or other appropriate
officer, on the date set forth above.
ATTEST: GRANTOR:
JrC,t teC.o, 4(3--,LA._e.._
Matthew W. Brier
STATE OF Colorado
) ss.
County of Weld
The foregoing instrument was acktowledged before me this 75 day of t±P , 20 13 by
Matthew W. Brier and Melanie L. Brier.
MelanieLit
r
Witness my hand and official seal.
My commission expires:
MELINDA GUALANDRI
Notary Public
State of Colorado
My Commission Expires: October 17, 2014
LICK 19944016549
Notary Public
Name and Address of Person Creating Newly Created Legal Description (§38-35-106.5, C.R.S.)
3969290 Pages: 1 of 4
10/08/2013 12:34 P11 R Fee:$0.00 D Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
e _ L p 40 Re 0-0 NV At PANTY DEED (From a Corporation) (Page 1 of 1)
/e- 2-a /8
Pw M1D14
ea 6Veci"
do/3
COLORADO DEPARTMENT OF TRANSPORTATION
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-3A (Exhibit -B)
STA. 122+17.96 Rt. to STA. 134+77.82 Rt. (SH 392 Align.)
FROM
Matthew W. Brier and Melanie L. Brier
32890 WCR 23
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
and CR 23 realignment
3969290 Pages: 2 of 4
10/08/2013 12:34 PM R Fee:$0.00 D Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
lof3
EXHIBIT "B"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
PARCEL NUMBER: RW-3A
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A parcel of land No. RW-3A of the Department of Transportation, State of Colorado, Project Code SA 18121,
Project Number STU C030-043, containing 0.69 acres, more or less, in Lot B of Recorded Exemption No. 0807 -23-
1 -RE 3468 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 said north line a distance of 1289.67 feet;
Thence South 00°12'50" West a distance of 31.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and easterly right-of-way line of Weld County Road 23 and being the TRUE
POINT OF BEGINNING;
1. Thence South 89"52'26" East along said southerly right-of-way line a distance of 1259.89 feet;
2. Thence South 00'12'46" East a distance of 20.00 feet;
3. Thence North 89'47'10" West a distance of 1121.36 feet;
4. Thence South 57'52'03" West a distance of 138.89 feet;
5. Thence South 89'22'48" West a distance of 20.00 feet to a point on said easterly right-of-way line;
6. Thence North 00°37'12" West along said right-of-way line a distance of 92.68 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 29,869.68 sf. or 0.69 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 County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
3969290 Pages: 3 of 4
Steve 10/08/2013 12:34 PM R Fee:$0.00 0 Fee:$0.00
1111IV�.rreno, Clerk and 4Y1Pd'�.l++ ecorder, Weld F+ftrI J�I4�iR+J1nty, CO
IW IlIII
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2 of 3
BRIER
32890 WCR 23
WINDSOR, CO
EXHIBIT -B
PROJECT NO. STU C030-043
PROJECT CODE: SA 18121
PARCEL NO. RW-3A
Oct. 12, 2012
EXISTING R.O.W.
RD.BK-3/PG-59
JAN. 26, 1882
ADDITIONAL
RIGHT —OE —WAY
WELD COUNTY
NE I✓4
Z'QN 1VNVJ A3139):19
60'
WCR 2$
S89°22'48"W
20.00'
N00'37'12"W L1
P.IO.B.
'6O
ADDITIONAL —
RIGHT —OF —WAY
29,869.68 sf.
OR 0.69 ac.
RW-3A
MATTHEW W. BRIER
MELANIE L. BRIER
PARC.#080723 100055
RECP.#3212110
LOT B/RE-3468
EXISTING R.O.W.
BK-1345/PG-163 AND
DEC. 5, 1952 AND
RD_BK-1 /PG -88 1871
VARIES
M,;O
h.J
SOO°12'46"E
20.00'
618
N -N
IN
3„9z,z5,68S
SHEET: 3 OF 3
N 1/4 COR. 523-T6N-R67W
2-1/2" ALUM. PIPE STAMPED
LS#20685 IN MON. BOX
le W4
LINE TABLE
L1 I S00'12'50"W 131.97'
SCALE: I" = IOU'
WINDSOR Lti LLC
011111111110N
���,�
`v•O
•
23520 :.&
l t 143
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
P.O.C.
REAL PROPERTY TRANSFER DECLARATION
(TD -1000)
GENERAL INFORMATION
Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure
fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised
Statutes (C.R.S.).
Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and
recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be
completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S.
Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk
and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned
within thirty days after the notice is mailed.
If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice,
the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty
may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to
39-14-102(1)(b), C.R.S.
Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the
buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real
Property Transfer Declarationis available to any taxpayer or any agent of such taxpayer subject to confidentiality
requirements as provided by law. Refer to 39-5-121.5, C.R.S and 39 -I3 -102(5)(c), C.R.S.
1. Address or legal description of real property: Please do not use P.O. Box numbers.
32890 Weld County Road 23, Windsor, CO 80550
Lot B of RE -3468 part of the NE4 of 23-6-67
2. Type of property purchased: .. 0 Single Family Residential 0 Townhome 0 Condominium
O Multi -Unit Res O Commercial O Industrial O Agricultural O Mixed Use B Vacant
Land ❑ Other
Date of Closing:,
September 25, 2013
Month Day Year
Date of Contract if Different than dateofclosing:
Month Day Year
4. Total sale price: Including all real and personal property.
$9,680.00
5. Was any personal property included in the transaction? Personal property would include, but is not limited to,
carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed,
the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S.
O Yes . B No If yes ,approximate value $
Describe
6. Did the total sale price include a trade or exchange of additional real or personal property? . If yes, give the
approximate value of the goods or services as of the date of closing.
O Yes B No If yes, value $
If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes 0 No
7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased.
E3 Yes 0 No If no, interest purchased
8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related pal ties
include persons within the same family, business affiliates, or affiliated corporations.
❑ Yes B No "
9. Check any of the following that apply to the condition of the improvements at the time of purchase.
O New 0 Excellent O Good O Average O Fair ❑ Poor O Salvage.
Escrow No. 459 -110372713 -084 -Melinda Gualandri
If the property is financed, please complete the following.
10. Total amount financed: $
11. Type of financing: (Check all that apply)
❑ New
❑ Assumed
❑ Seller
❑ Third Party
❑ Combination; Explain
12. Terms
❑ Variable; Starting interest rate
❑ Fixed; Interest rate
Length of time years
Balloon payment O Yes O No If yes, amount $ Due date
13. Mark any that apply: ❑Seller assisted down payments, O Seller concessions, Special terms or financing.
If marked, please specify:
For properties other than residential (Residential is defined as: single family detached, town homes, apartments and
condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete.
14. Did the purchase price include a franchise or license fee? O Yes O No
If yes, franchise or license fee value $
15. Did the purchase price involve an installment land contract? O Yes O No
If yes, date of contract
16. If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the
closing? O Yes O No
Remarks: Please include any additional information concerning the sale you may feel is important.
17. Signed this September 25, 2013.
Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an
address and a daytime phone number. Please designate buyer or seller.
BUYER:
The State of Colorado for the use and benefit of
the Department of Transportation and
County o ei adiody corporate and politic
William F. Garcia, Chair
Signature of Grantee (Buyer) VI
18. All Future correspondence (tax bills, property valuations, etc.) regarding this property
should be mailed to :
4201 E. Arkansas Avenue
Address (mailing) Daytime Phone
Denver, CO
City, State and Zip Code
Escrow No. 459 -H0372713 -084 -Melinda Gualandri
RPTRNSFR-Real Property Transfer Declaration
Z
DEED OF DEDICATION
FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this 30th day of August, 2013, between Matthew W. Brier and Melanie L. Brier,
"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/l 00ths ($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
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.
9- 25- Z6i_3
Date Date
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged �before me this 7 day of -
201 3, by (Name)iY' ocki \a3 I d and (Name) '�r � &an `£ , Owners.
Witness my hand and official seal.
My commission expires: \ b \ \ LI
ACCEPTANCE
aQn
'Z' cC 0
Notary Public
MELINDA GUALANDRI -- '
Notary Public
State of Colorado
My Commission Expires: October 17, 2014
LIC#19944016549
Deed of Dedication
3969291 Pages: 1 of 11
10/08/2013 12:34 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
FrA101L°1'h +1'NIC III
Page I
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 iSr day of 0C)D ,2012 .
BOARD OF CIIUNTY COMMISSIONERS
WELD .SP Y COLORADO
ATTEST:
, Chair
Weld County Clerk to the Board
BY.
Deputy Cler to the Board
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
'The foregoing instrument was acknowledged before me this I Sl day of 00100t{ ,
20125 , by Walict.wt (?ytnutl Chair, Board of County Commissioners of the County of Weld.
Witness my hand and official seal.
JENNIFER FULLER
NOTARY PUBLIC
STAop COLORADO
M come irfayxlp1Yg00540 0344
MY COMMISSION EXPIRES MAY 19, 2017
Deed of Dedication
3969291 Pages: 2 of 11
10/08/2013 12:34 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
lIIIMlCnMlglkfrr�i�R'rlt�;uk��1l ir�l�h4t�lila,®Illl
Page 2
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-3 (Exhibit -A)
STA. 210+70.82 Rt. to STA. 216+90.56 Rt. (WCR 23 Align.)
FROM
Matthew W. Brier and Melanie L. Brier
32890 WCR 23
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
and CR 23 realignment
3969291 Pages: 3 of 11
10/08/2013 12:34 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
®III�4�1R'Y�R'��:4M�h�u+'K'iGh�.Yhhh.�6'�ia�9��I1,Y4 ®1111
1 of 3
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
PARCEL NUMBER: RW-3
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A parcel of land No. RW-3 of Weld County, and being part of the Department of Transportation, State of Colorado,
Project Code SA 18121, Project Number STU C030-043, containing 0.19 acres, more or less, in Lot B of Recorded
Exemption No. 0807 -23 -1 -RE 3468 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 1289.67 feet;
Thence South 00°12'50" West a distance of 31.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and easterly right-of-way line of Weld County Road 23;
Thence South 00°37'12" East along said easterly right-of-way line a distance of 92.68 feet and being the TRUE
POINT OF BEGINNING;
1. Thence North 89°22'48" East a distance of 20.00 feet;
2. Thence South 00°37'12" East a distance of 209.32 feet;
3. Thence South 89°22'48" West a distance of 10.00 feet;
4. Thence South 00°37'12" East a distance of 416.30 feet to a point of a non -tangent curve to the right;
5. Thence 6.59 feet along the arc of said curve whose radius is 168.32 feet, central angle is
02°14'31" and whose chord bears North 27°24'00" West a distance of 6.59 feet;
6. Thence South 89°22'48" West a distance of 7.03 feet to a point on said easterly right-of-way line;
7. Thence North 00°37'12" West along said right-of-way line a distance of 619.74 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 8,298.97 sf. or 0.19 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 County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
\\\\III I II WOO/
cto 44.\\\\�PpQ, REal3,,//
23520
F.
volg
n/� p.
\
IIIIIII II II\\\\
2 of 3
EXHIBIT -A
NE I/4 S23-T6N-R67W
N89'47'10"W 2616.22' r
BASIS OF BEARINGS
N 1 /4 COR.
L-.5523-T6N-R67W'
2.=1./2" ALUM.
PIP` STAMPED
LS#20fi€;5
IN MON. BOX
NE 1/4
N
N
N
0
0
•
I I
EXISTING R.O.W.
RD.BK-3/PG-59
JAN. 26, 1882
� 60
AMBER R. HAND
JOEL M. FI.AND
LOT A,1 E-3488
O
0
HWY 392
ADDITIONAL ----- - -
RIGHT-OF-WAY -
COOT
P.O.B.. -
20'
Li
o RW-3
*---ADDITIONAL
L3 RIGHT—OF—WAY
8,298.97 sf.
OR 0.19 ac.
10'
1289.67' —..—.._..— �.._�
RW-3
MATTHEW W. BRIER
MELANIE L. BRIER
PARC.#080723100055
RECP.#3212110
LOT B/RE-3468
NB /4
y'L `r iR.J` 117E
LINE TABLE
S00'12'50"W
31.97'
L1
L2
N89'22'48"E
20.00'
L3
589'22'48"W
10.00'
L4
N89'22'48"E
30.00'
L5
SO0'37'12"E
55.00'
L6
S89'22'48"W
30.00'
L7
NO0'37'12"W
55.00'
CD (TIE)
N89'22'48"E 10.00
P.O.B.
TE-3
r- o EASEMENT
—'�2/ 1,650.00 sf.
L6f OR 0.04 ac.
589'22'48"W
7.03'
NE COR. S23—T6N—R67W
3-1/4" ALUM. CAP STAMPED
LS#33642 IN MON. BOX
P.O.C.
\\c°•nE9!6,7„//
O;. N4. Sr.
2 U�: O O
:.i
i
f
Cti
/
/
i
3969291 Pages: 5 of 11
10/08/2013 12:34 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■1111 Pr.firaq.71,Ati MOON 'hil:WM:UN I i II III
L=6.59'
R=168.32
t=02'14'31"
C=6.59'
CB=N27"24'00"W
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.
RIGHT-OF-WAY ACQUISITION
RW-3
MATTHEW & MELANIE BRIER
32890 WCR23
WINDSOR, COLORADO
1861
E
OMNI
t C O -LI T Y
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
COOT PROJECT NO#: STU C030-043
CDOT PROJECT CODE: SA 18121
SCALE:
I"_100
DATE:
DRAWN BY:
10.12-12
JHB
SHEET: 3 of
(3)
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Temporary Easement Number: TE-3 (Exhibit -C)
FROM
Matthew W. Brier and Melanie L. Brier
32890 WCR 23
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
3969291 Pages: 6 of 11
10/08/2013 12:34 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III o: ?ILL'P III
EXHIBIT "C"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
TEMPORARY EASEMENT NUMBER: TE-3
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A Temporary Easement No. TE-3 of Weld County, and being part of the Department of Transportation, State of
Colorado, Project Code SA 18121, Project Number STU C030-043, containing 0.04 acres, more or less, in Lot B of
Recorded Exemption No. 0807 -23 -1 -RE 3468 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 1289.67 feet;
Thence South 00°12'50" West a distance of 31.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and easterly right-of-way line of Weld County Road 23;
Thence South 00°37'12" East along said easterly right-of-way line a distance of 577.81 feet;
Thence North 89°22'48" East a distance of 10.00 feet and being the TRUE POINT OF BEGINNING;
1. Thence North 89°22'48" East a distance of 30.00 feet;
2. Thence South 00°37'12" East a distance of 55.00 feet;
3. Thence South 89°22'48" West a distance of 30.00 feet;
4. Thence North 00°37'12" West a distance of 55.00 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 1,650.00 sf. or 0.04 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 County
Leon. W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
3969291 Pages: 7 of 11
10/08/2013 12:34 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■ it M���atir�rw iiiirivirkii:ntILI�{F�L5 P ��.��I�I��I 11111
"skA.9REG/
`.oN9:\N.S/
C).
x cPo
23520
JJ (0.1i-13 0&
*4a LA1et
2 of 3
EXHIBIT -C
NE 1/4 S23-T6N-R67W
N89'47'10"W 2616.22'
BASIS OF BEARINGS
N W'
1 /4 COR.
23-T6N-R67
21/2" ALUM. 1
PIPE` STAMPED
LS#2065
IN MON. BOX
NEa/4
53wT Nir W
cc
O
O
EXISTING R.0.W.1
RD.BK-3/PG-59
JAN. 26, 1882
�
� I �
AMBER R. HAND
I
JOEL M. HAND ,
LOT A/RE-3468 i
RIGHT-OF-WAY ,-
COOT
J- P.O.B.
CV
L
S89"22'48"W
[7.03'
TEMPORARY EASEMENT
TE-3
MATTHEW & MELANIE BRIER
32890 WCR23
WINDSOR, COLORADO
RW-3
ADDITIONAL
RIGHT—OF—WAY
8,298.97 sf.
OR 0.19 cc.
10'
1289.67'
TE-3
MATTHEW W. BRIER
MELANIE L. BRIER
PARC.#080723 100055
RECP.#3212110
LOT B/RE-3468
LINE TABLE
L1
SOO'12'50"W
31.97'
L2
N89'22'48"E
20.00'
L3
S89'22'48"W
10.00'
L4
N89'22'48"E
30.00'
L5
S0037'12"E
55.00'
L6
S89'22'48"W
30.00'
L7
N00'37'12"W
55.00'
N89 22'48"E 10.00
P.O.B.
TE-3
\\\0,\111 I I 1 I /ON///
\\\Q,P9.REG/S7�,�
.�. V •i f n yl/n�ig'
,-
23520
TEMPORARY b;% _i3
EASEMENT, �J11 •.•
1,650.00 sf. �i �' •°•• • •'
OR 0.04 ac. ////17,41.I I LAt�„\\\
L=6.59'
R=168.32
X02°14'31"
C=6.59'
CB= N27°24'00"W
P.O.C.
NE COR. S23-T6N-R67W-'
3-1/4" ALUM. CAP STAMPED
LS#33642 IN MON. BOX
V4
r
•'
;•,), (PS
-hN
■ — w-ro
�J3m
= o,
Qm 0
74
-!.m
ilam
C
8
1•
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. '�
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
CDOT PROJECT NO#: STU C030-043
COOT PROJECT CODE: SA 18121
DRAWN BY:
10-12-12
SCALE:
1"=100'
SHEET: 3 of3
b
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Temporary Easement Number: TE-3A (Exhibit -D)
FROM
Matthew W. Brier and Melanie L. Brier
32890 WCR 23
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
And CR 23 realignment
3969291 Pages: 9 of 11
10/08/2013 12:34 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
®III MJP1A'�ZPu�'4�I�hW F'srLFJ,fd��";I�ti�ti'F �4Y1 k iI III
1of3
EXHIBIT "D"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
TEMPORARY EASEMENT NUMBER: TE-3A
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A Temporary Easement No. TE-3A of Weld County, and being part of the Department of Transportation, State of
Colorado, Project Code SA 18121, Project Number STU C030-043, containing 0.18 acres, more or less, in Lot B of
Recorded Exemption No. 0807 -23 -1 -RE 3468 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:
BEGINNING at a point on the existing westerly right-of-way line of Stagecoach Road whence the Northeast Corner
of said Section 23 bears North 07°36'07" East a distance of 220.64 feet;
1. Thence South 00'12'46" East along said westerly right-of-way line a distance of 76.23 feet to a point on
the northerly right-of-way line of the Greeley Canal No. 2;
2. Thence North 76°31'24" West along said line a distance of 125.03 feet;
3. Thence continuing along said line South 88'35'18" West a distance of 11.20 feet;
4. Thence North 00'12'46" West a distance of 46.87 feet;
5. Thence North 89'47'14" East a distance of 132.68 feet to a point on said westerly right-of-way line and
being the TRUE POINT OF BEGINNING.
The above described parcel contains 7,986.62 sf. or 0.18 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 County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
2of3
3969291 Pages: 10 of 11
Steve 08 Moreno, t Clerk and Recorrder,,0 weld County, CO
■IIIPcilf iliAleieWYhth Nrfhh NIPI+Nils' 44, Ill III
NE I/4 S23-T6N-R67W
EXHIBIT -D
N89'47'10"W 2616.22'
BASIS OF BEARINGS..
N 1/4 COR. 523-T6N-R67W
2-1/2" ALUM. PIPE STAMPED
LS#20685 IN MON. BOX
\\\�\\IHN II!!// f/
P�p,REG/ST, /
�U°��
�- cP.
-
23
520
����iQNAL lA� �\`��
HWY
TE-3A
MATTHEW W. BRIER
MELANIE L. BRIER
PARC.#080723100055
RECP.#3212110
LOT B/RE-3468
TE-3A
TEMPORARY
EASEMENT
7,986.62 sf.
OR 0.18 cc.
LO
N
C
C
c
Z
S88°35'18"W
11.20'
GREELEY CANAL NO.2
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.
P.O.C.
NE COR. S23-T6N-R67W
3-1/4" ALUM. CAP STAMPED
LS#33642 IN MON. BOX
--i 30'
EXISTING 80' R.O.W.-F-•
RECP.#2385537
APR. 27, 1994
NO7'36'07"E
220.64'
TIE
P.O.B.
N89°47'14"E
7
.31'24»w
132.68'
S0001 2'4
E 1/4 COR.1
S23-T6N-R67W
3-1/4" ALUM. CAP
STAMPED LS#20685-\
F•14--
50'
iN
TEMPORARY EASEMENT
TE-3A
MATTHEW & MELANIE BRIER
32890 WCR 23
WINDSOR, COLORADO
NTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
COOT PROJECT NO#: STU C030-043
CDOT PROJECT CODE: SA 18121
SCALE:
I "=60'
DATE:
DRAWN BY:
10-12-12
11HB
SHEET: 3 of
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: H0372713 - 084 MG4 Close Date: 09/25/2013
Proration Date: 09/25/2013 Date Prepared: 09/24/2013
Buyer(s)/Borrower(s): The State of Colorado for the use and benefit of the Department of Transportation
Seller(s): Matthew W. Brier
Melanie L. Brier
Property:
Brief Legal:
32890 Weld County Road 23
Windsor, CO 80550
Lot B of RE -3468 part of the NE4 of 23-6-67
Description
Debit
Credit
TOTAL CONSIDERATION:
Total Consideration
9,680.00
REAL ESTATE CLOSING CHARGES
Escrow Fee to Heritage Title Company, Inc. (POCB 390.00)
RECORDING FEES:
Recording Fees to WELD COUNTY EXEMPT
State Tax Stamps to WELD COUNTY EXEMPT
PROBATIONS AND ADJUSTMENTS:
County Taxes from 01/01/2013 to 09/25/2013 based on the Annual amount
of $13.03
9.53
Fencing -
36,836.00
Temporary Easements
300.00
TITLE CHARGES:
Owners Policy $9,680.00 to Heritage Title Company, Inc. (POCB 453.00)
Tax Cert to Heritage Title Company, Inc. (POCB 10.00)
Sub Totals
46,816.00
9.53
Balance Due From Buyer/Borrower
46,806.47
Totals
46,816.00
46,816.00
--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--
Buyer(s)/Borrower(s):
The State of Colorado for the use and benefit of the Department of
Transport ttd and
Count W ody corporate and politic
William F. Garcia, Chair
Settlement Agent:
HERITAGE TITLE COMPANY, INC.
by Melinda Gualandri
(
Heritage icLi
Title Company (+IT Lp—rc-
Making "Gons.mrlons Personal
a� Commonwealth' Melinda Gualandri Escrow Officer, CREC
Office 970.330.4522
Cell 970.534.9066
Fax 566.828.0844
mgualandri@heritagetco.com
www.herltagetco.com
5586 W.19th Street. Suite 1000
Greeley, CO 80634
RE: Commitment No. 459-110372713-084-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: 32890 Weld County Road 23, 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/cr financing, and forms a complete agreement by itself
for anyaction thereon.
SELLERS:
146.7Ct cam`:
Matthew W. Brier . Melanie L. Brier
State of Colorado
County of WELD.
}SS:
The foregoing instrument was acknowledged, subscribed, and sworn to before me September 25,
2013 by Matthew W. Brier and Melanie L. Brier.
(SEAL)'
MELINDA GUALANDRI
Notary Public
State of Colorado
•v Commission Expires: October 17, 2014
LICIT 19944016549
Notary Public
My Commission Expires: ) ( cl ) c(
AFFINDEM-Affidavit and Indemnity Agreement
RE: Commitment No. 459-H0372713-084-MG4
REO Loan n
Exhibit A
A parcel of land No. RW-3A of the Department of Transportation, State of Colorado, Project Code
SA 18121, Project Number STU C030-043, in Lot B of Recorded Exemption No. 0807 -23 -1 -RE 3468
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 said north line a distance of 1289.67 feet;
Thence South 00°12'50" West a distance of 31.97 feet to a point which intersects the existing
southerly right-of-way line of Colorado State Highway 392 and easterly right-of-way line of Weld
County Road 23 and being the TRUE POINT OF BEGINNING;
1. Thence South 89°52'26" East along said southerly right-of-way line a distance of
1259.89 feet;
2. Thence South 00°12'46" East a distance of 20.00 feet;
3. Thence North 89°47'10" West a distance 1121.36 feet;
4. Thence South 57°52'03" West a distance of 138.89 feet;
5. Thence South 89°22'48" West a distance of 20.00 feet to a point on the easterly right-
of-way line;
6. Thence North 00°37'12" West along said right-of-way line a distance of 92.68 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 Section 23, Township 6 North, Range 67 West and described as
shown.
TAX, WATER, SEWER, CITY SERVICES AND
HOMEOWNER'S ASSOCIATION AGREEMENT
PROPERTY: 32890 Weld County Road 23, 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 September 25, 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 $13.03
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
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: ! �� �V) BUYER'S INITIALS:.
With regards to the closing of 32890 Weld County Road 23, 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.
SELLERS:
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Matthew W. Brier
Melanie L. Brier
BUYER:
The State of Colorado for the use and benefit of the
Departmen ofTrannsspgortationand
Coun0 y corporate and politic
z
William F. Garcia, Chair
Refund Address:
32890 Weld County Road 23
Windsor, CO 80550
Buyer's Forwarding Address
Special Instructions
Reference It:
Buyer Phone #
Seller Phone#:
twshic — Tax, Water, HOA Agreement
ESCROW #: 459-H0372713-084-MG4
Certificate Of Taxes Due
Account Number R2526103
Parcel 080723100055
Assessed To
BRIER MATTHEW W
32890 CR 23
WINDSOR, CO 80550
Certificate Number 82650
Order Number
Vendor ID 45
HERITAGE TITLE CO INC / GREELEY
5586 W 19TH ST
GREELEY , CO 80634
Legal Description Sites Address
PT NE4 23-6-67 LOT B REC EXEMPT RE -3468 (1.39R1.79D) 32890 23 CR WELD 000000000
Year Tax
Tax Charge
2012 $1,761.54
Total Tax Charge $0.00
Interest Fees
$0.00 $0.00
Payments Balance
($1,761.54) $0.00
Grand Total Due as of 08/28/2013 $0.00
Tax Billed at 2012 Rates for Tax Area 0430 - 0430
Authority
WELD COUNTY
SCHOOL DIST RE4
NORTHERN COLORADO WATER (NC
WINDSOR -SEVERANCE FIRE
WINDSOR -SEVERANCE FIRE (BON
AIMS JUNIOR COLLEGE
CLEARVIEW LIBRARY
WEST GREELEY CONSERVATION
Taxes Billed 2012
* Credit Levy
Mill Levy Amount Values Actual Assessed
16.8040000* $352.20 AG -FLOOD IRRRIGATED $11,131 $3,230
47.9490000 $1,005.01 LAND
1.0000000 $20.96 FARM/RANCH $222,681 $17,730
RESIDENCE -IMPS
7.1940000 $150.79
0.7700000 $16.14 Total $233,812 $20,960
6.3180000 $132.43
3.5940000 $75.33
0.4140000 $8.68
84.0430000 $1,761.54
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.
1, 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
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. y L C1.C;2c C
Aug 28, 2013 8:08:50 AM Page 1 of 1
Disclosures
Escrow #: 459-H0372713-084-MG4
PROPERTY ADDRESS: 32890 Weld County Road 23, Windsor, CO 80550
THE UNDERSIGNED, have read and understand the following, and by their signatures below, agree to the following:
Post Closing Escrows
Funds may be collected and held in escrow by closing agent to pay items for which the amounts due are not known at the
time of closing or for which the payment of such items cannot be confirmed as of the date of closing or disbursement. These
items may include but are not limited to taxes, recordings, repairs, water, sewer or utilities and will be listed as an estimate
or escrow for said item on the HUD1 or other applicable settlement statement. Upon confirmation of the amount due by
closing agent, said items will be paid in full in accordance with the contract and or lender's closing instructions with any refund
due to be disbursed to the depositing party. In the event the new lender's closing instructions prohibit funds be returned to
the borrower, funds will be held until additional instructions are obtained from the lender.
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.
SELLERS: BUYER:
Matthew W. Brier
Melanie L. Brier
The State of Colorado for the use and benefit of the Department of
Transports nn and
County ody corporate and politic
(c&
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William F. Garcia, Chair
REO Loan #
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