HomeMy WebLinkAbout20121050.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT CONCERNING PURCHASE OF
PROPERTY AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
COLORADO DEPARTMENT OF TRANSPORTATION
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 a Memorandum of Agreement
Concerning the Purchase of Property for the U.S. Highway 85 Nunn Bridge Replacement
Project over the Union Pacific Railroad, 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 the Colorado Department of Transportation, 1420 2nd Street, Greeley,
Colorado 80631, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said Memorandum of
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 Memorandum of Agreement Concerning the Purchase of
Property for the U.S. Highway 85 Nunn Bridge Replacement Project over the Union Pacific
Railroad 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 the Colorado
Department of Transportation 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of April, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:'��,".710,7r„ Ce�
Sean P. C� =y, Chair
Weld County Clerk to the Board
>/4 EL� am G- 'ro-Te
Deputy Cle to the Board Lliul
�� %.+>•`� ry �y. Kirkmeyer
u ` e A
APPR AST M:
David E. (Long
orneyvv�
Dougla4 Rademachbr
Date of signature: 5 �a 1
6) D /o,Leon3 CC. : PW
,-/-02.5 -/ ti -I 1 3, 2012-1050
EG0064
MEMORANDUM
GOUNTY
TO: Clerk to the Board DATE: April 18, 2012
FROM: Leon Sievers, Public Works Department
SUBJECT: BOCC Agenda
The Colorado Department of Transportation is acquiring property from Weld County.
Attached are:
• Letter of Computation from CDOT—Offer of Fair Market Value
• Approved Commissioner's Review
• Two original Memorandums of Agreement
• Exhibit "A"—legal description
• W-9 Tax Form
• Two Property Location Maps
Please return both signed, original Memorandums of Agreement and the signed W-9 tax form to
Public Works.
I will acquire signatures from CDOT and return one for County records.
M Trancie'AgendaLeon.docx
2012-1050
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Region Four �I� . O
1420 2n°Street •
Greeley,CO 80631
(970)350-2153 Fax(970)350-2178
DEPARTMENT OF TRANSPORTATION
OFFER OF FAIR MARKET VALUE
Project Code: 18669
Parcel No: RW-5
Project No: FBR 0853-085
Location: US 85 bridge over UPRR
Date: February 29, 2012
Weld County
c/o Leon Sievers
Department of Public Works
PO Box 758
Greeley, CO 80632
Dear Mr. Sievers,
The Colorado Department of Transportation offers you the following amount as fair market value
compensation for your property. The amount offered was determined in accordance with applicable
Federal and State laws and requirements.
1. Land $1,477.00
2. Permanent& Slope Easements $00
3. Temporary Easements $00
4. Improvements $00
5. Damages $00
6. Less Benefits (credit) $00
7. TOTAL $1,477.00
We based our determination on the following information:
a. Identification of the real property to be acquired: Portions of a property located in the NW 1/4
of Section 21 and the NE '/ of Section 20, Township 9N, Range 66 W of the 6th PM in Weld
County.
cc: Project Development Branch(ROW Services) COOT Form#240
Region ROW 07/06
Previous editions are obsolete and may not be used
page 2
Offer of Fair Market Value
Weld County
c/o Leon Sievers
b. Type of interest being acquired:
Fee acquisition of RW-5, containing 49,231 square feet (1.13 ac).
c. Identification of all improvements, including fixtures, to be acquired: none
d. Identification of real property improvements, including fixtures, to be acquired which are
not owned by the landowner: None
Sincerely,
Rich Barker
Region Four Real Estate Specialist
Enclosure
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: CDOT acquisition of Weld County property
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 4-4-2012
PERSON REQUESTING: Wayne Howard, County Enginee$2
Brief description of the problem/issue:
CDOT is seeking to acquire 1.13 acres of land from Weld County for their US Hwy 85 Nunn bridge
replacement project over the UPRR. Weld County acquired this property for road purposes back in 1925 by
Deed but no records could be located verifying that it was ever constructed and used as a road. The Deed did
not have a reversionary clause and the documents are currently being reviewed by legal staff for any concerns.
Currently this land is unused by the County.
CDOT is offering $1477.00 for this acquisition which is slightly over $1300/ac. Comparable sales in the area
indicates this to be a fair amount.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
BOCC can either accept this offer or decline the offer.
Recommendation to the Board:
I recommend that the Board accept the offer as presented. The unused parcel is small and the land values are in
line with the offer. .
Approve Schedule
Recommendation Work Session Comments
Sean P. Conway, Chair C
William F. Garcia, Pro-Tem
Barbara Kirkmeyer
David E. Long
Douglas Rademacher
Attachments: CDOT prepared map showing the area of acquisition in blue
County Aerial Depicting the approximate area and adjacent land owners
COLORADO DEPARTMENT OF TRANSPORTATION Project Code: 18669 Parcel No: RW-5
MEMORANDUM OF AGREEMENT Project No: FBR 0853-085
Location: US 85 bridge over UPRR
County: Weld State Highway No: 85
This agreement made on (date) March ,2012 is between the State of Colorado for the use and benefit of the Colorado
Department of Transportation(GRANTEE) for the purchase of the parcel(s) listed above from the
Owner(s) Weld County (GRANTOR).
Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado state laws and
regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements,
improvements, and damages of any kind.
Land(described in attached Exhibit A) 49,231 Sq.ftn/acresn $1,477.00
Permanent and Slope Easements (described in attached exhibits) N/A Sq.ftn/acresn $00
Temporary Easements N/A Sq.ftn/acresn $00
Improvements: None $00
Damages/Cost to Cure: none $00
Gross Total $1,477.00
Less Credit $00
Net Total $1,477.00
Other conditions: None
The GRANTOR:
1)Will, at the closing,pay all taxes (including prorated taxes for the current year) and special assessments for the current year;
2) Has entered into this agreement only because the GRANTEE has the power of eminent domain and requires the property for
public purposes;
3) Be responsible for securing releases from all liens,judgments and encumbrances to deliver clear, unencumbered title to
GRANTEE. Any encumbrance required to be paid by GRANTOR shall be paid at or before closing from the proceeds of
the transaction hereby contemplated or from any other source;
4) Will execute and deliver to GRANTEE those documents indicated below;
5) Excepts from the subject property described herein in the attached Exhibits, the mineral estate and including all coal, oil, gas
and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The GRANTOR
hereby covenants and agrees that the GRANTEE shall forever have the right to take and use, without payment of further
compensation to the GRANTOR, any and all sand, gravel, earth,rock, and other road building materials found in or upon
said subject property and belonging to the GRANTOR; and
6)The GRANTOR further covenants and agrees that no exploration for, or development of any of the products, as described
above, and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby excepted will ever be
conducted on or from the surface of the premises described in the attached Exhibits, and that in the event any of such
operations may hereafter be carried on beneath the surface of said premises, the GRANTOR shall perform no act which
may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to
and be binding upon the GRANTOR and its heirs,personal and legal representatives, successors and assigns forever.
Page 1 of 2 CDOT Form#784—2/09a
Editions prior to 2/09 are obsolete and may not be used
NOTE: At GRANTOR'S sole discretion, the GRANTOR may convey the underlying mineral estate owned by GRANTOR to
the GRANTEE. GRANTEE makes no representations about the nature, title or value of the mineral estate. In transactions
where GRANTOR conveys the underlying mineral estate to GRANTEE, Paragraphs 5 and 6, as set forth above, will be deleted
from this Memorandum of Agreement and the conveyance document.
n GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 5 and 6 are hereby deleted from the
Memorandum of Agreement and the conveyance document.
The GRANTEE:
1) Will be entitled to specific performance of this agreement upon tender of the agreed consideration;
2) Will be held harmless from any claims against the property or to any interest in the property, except for any benefits due
under relocation law;
3) Will make payment after receiving acceptable conveyance instruments from the GRANTOR;
4) Will take possession and use of the parcel(s)when it deposits the consideration,as set forth above, into an escrow account
for the benefit of the GRANTOR,or when GRANTEE disburses funds to GRANTOR. Transfer of title to the parcel(s)
shall occur upon performance of any and all terms under this agreement, and release of the payment from escrow to the
GRANTOR,unless other arrangements are made that follow Title III of the Uniform Relocation Assistance and Real
Property Acquisition Act of 1970, as amended; and
5)Will prepare the following documents:
Special
® Cenral Warranty Deed n Utility Easement
n Access Deed n Permanent Easement
n Full Release(s) Book/Page: n Slope Easement
® Partial Release(s): any deeds of trust of record, CRP contract n Temporary Easement: See other conditions.
n Or(specify)
❑ Title Company to prepare documents except
Order Warrant$1,477.00 Payable to: Heritage Title Co. as escrow agent for Weld County
Order Warrant $ Payable to:
Real Estate Specialist GRANTOR signat a Attach form W-9
GRANTOR signature GRANTOR(if applicable) L
Division approval(Region ROW Manager/Supervisor) GRANTOR signature
cc:Project Development Branch—ROW Services(original) APR 2 3 20"
Property Owner
Region Right-of-Way Manager
Region Program Engineer/Resident Engineer/Project Engineer
Page 2 of 2 CDOT Form#784—2/09a
Editions prior to 2/09 are obsolete and may not be used
avid —/(250
EXHIBIT "A"
PROJECT CODE: 18669
PROJECT NUMBER: FBR 0853-085
PARCEL NUMBER: RW-5
DATE: November 03, 2011
DESCRIPTION
A Tract or Parcel of Land No. RW-5 of the Department of Transportation, State of Colorado, Project Code
18669, Project No. FBR 0853-085 containing 49,231 sq.ft. (1.130 acres), more or less, in Section 21,
Township 9 North, Range 66 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or
parcel being more particularly described as follows:
Commencing at a point on the U.S. Highway 85 existing Right of Way(Project No. F006-1(23), whence
the Northwest Corner of Section 21 bears N. 03°51'02" E., a distance of 565.80 feet, said point also being
the TRUE POINT OF BEGINNING;
Thence along the easterly U.S. Highway 85 existing Right of Way(Project No. F006-I(23)the following
three (3)courses;
1. N. 12°42'30" E., a distance of 74.62 feet;
2. N. 12°26'44" E., a distance of 151.90 feet to a point of curvature;
2. Along the arc of a curve to the left, having a radius of 3,918.00 feet, a central angle of 02°23'34",
a distance of 163.62, (a chord bearing N. 10°23'06" E., a distance of 163.61 feet);
Thence S. 00°12'12" E. departing said easterly Right of Way, 40 feet east of and parallel to the west line
of the northwest quarter of Section 21, a distance of 946.56 feet to a point on the northeasterly Right of
Way line of the Union Pacific Railroad (400' ROW);
1. N. 17°17'30"W. along said northeasterly Right of Way line, a distance of 272.26 feet;
Thence N. 00°12'12"W. departing said Railroad Right of Way, 40 feet west of and parallel to the east line
of the northeast quarter of Section 20, a distance of 304.55 feet, more or less, to the TRUE POINT OF
BEGINNING.
The above described parcel contains 49,231 sq. ft. (0.130 acres), more or less.
Basis of Bearings:All bearings are based on a line between the Northwest Corner of Section 21 and the
West One-Quarter Corner of Section 21, Township 9 North, Range 66 West of the Sixth Principal
Meridian being a grid bearing of S. 00° 12' 12" E (2,653.24 feet)., said line being monumented on the
north side by a found 3.25"Aluminum Cap, stamped "2004, LS 4392" and on the south side by a found
3.25"Aluminum Cap, stamped "2004, LS 4392".
For and on Behalf of . ••
Bohannan-Huston, Inc. •.•• . ..
John W. Doty, PLS 37993 ••••..• '3 yy,•••1S,
9785 Maroon Circle, Suite 140 : • /1` '>`t�
Englewood, CO 80112 V
Office: 303-799-5103 - .�
P:\20110164\15520 Task Order 1 Ownership Map\ROW_Survey\InRoads\Legals\18669_RW-5.doc
Substitute Form REQUEST FOR TAXPAYER IDENTIFICATION State of Colorado
W-9 NUMBER(TIN)VERIFICATION Do NOT send to IRS
PRINT OR TYPE RETURN TO ADDRESS BELOW
Legal Name (OWNER OF THE EIN OR SSN AS NAME APPEARS ON IRS OR SOCIAL SECURITY ADMINISTRATION RECORDS)
DO NOT ENTER TIIE BUSINESS NAME OF A SOLE PROPIETORSHIP ON THIS LINE-See Reverse for Important Information
Weld County
Trade Name--complete only if doing business as(D/B/A)
Remit Address
Purchase Order Address--Optional PART II See Part❑Instructions on Back of Form
Check legal entity type and enter 9 digit Taxpayer Identification Number(TIN)below: Do Not enter an SSN or EIN that was not
(SSN=Social Security Number EIN=Employer Identification Number) assigned to the legal name entered above
n Individual (Individual's SSN)
-
--
NOTE: If no name is circled on a Joint Account when there is more that one name,the number will be considered to be that of M1e first name listed.
nSole Proprietorship (Owner's SSN or Business EIN) SSN -- --
Note: Enter both the owner's SSN and the business EIN(if you are required to have one) EIN
Partnership 0 General 0 Limited
(Partnership'S EIN) _--
n Estate/Trust (Legal Entity's EIN)
NOTE: Do not famish the identification number ol'the personal representative or trustee unless the legal entity itself is not designated in the account --
title List and circle the name of the legal trust,estate,or pension trust.
n Other > (Entity's EIN)
Limited Liability Company,Joint Venture,Club,etc.
n Corporation Do you provide legal or medical services? ❑ Yes❑ No (Corp's EIN) --
-
Includes corporations providing medical billing services
Government(or Government Operated)Entity (Entity's EIN)
--
El Organization Exempt from Tax under Section 501(a) (Org's EIN)
Do you provide medical services? ❑ Yes ❑ No
nCheck Here if you do not have a SSN or EIN,but have applied for one. See reverse for information on How to Obtain A TIN
Licensed Real Estate Broker? 0 Yes 0 No
Under Penalties of Perjury,I certify that:
(1) The number listed on this form is my correct Taxpayer Identification Number(or I am waiting for a number to be issued to me)AND
(2) I am not subject to backup withholding because: (a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service
(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer
subject to backup withholding(does not apply to real estate transactions,mortgage interest paid,the acquisition or abandonment of secure property,
contribution to an individual retirement arrangement(IRA),and payment other than interest and dividends).
CERTIFICATION INSTRUCTIONS--You must cross out item(2)above if you have been notified by the IRS that you arc currently subject to backup withholding
because of under reporting interest or dividends on your tax return. (See Signing the Certification on the reverse of this form.)
e• ...LM. - . . r. <t00 4 . , w. O `9ss a-;.r tv,,"-A, ,_.
Weld County TITLE(Print or e Owner
NAME(Pnnt or Type) ( qyP )qq77��{�rj�
AUTHORIZED SIGNATURE_ ,(� DATE APR 2 3 LU ICHONE(970 _) 336-7204
DO NOT WRITE BELOW THIS LINE RETURN BOTH COPIES TO ADDRESS ABOVE
AGE USE ONLY
Agency _ Approved by Date
1099: Yes No Action Completed by _ Date
VENDOR: Addition Change_
615-82-50-7093(R 4/97) a 6002_/4't
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Heritage WELLS FARGO BANK WEST N A
H Title Company DENVER CA BOR<
1.CgIMOTMYUI p.]H02p
5586 West 19th Street#1000
Greeley, CO 80634 DATE ESCROW NO. AMOUNT
(970)330-4522 -
06/12/2012 H0337547. 084 MG4 $1,477.00
PAY ONE THOUSAND FOUR HUNDRED SEVENTY-SEVEN DOLLARS and no/100
Hentage Title Company,Inc
ESCROW TRUST ACCOUNT
TO THE WELD COUNTY A SUBDIVISION OF THE STATE OF COLORADO
ORDER P 0. BOX 758 q' //
OF GREELEY, CO 80632 &44., �Y//7'-
AUTHORIZED SIGNATURE
VOID AFTER 180 DAYS
Escrow No. H0337547 -084 MG4 Check Date: 06/12/2012 Check No. 21327521
DESCRIPTION L CODE I AMOUNT I DESCRIPTION J CODE I AMOUNT
Proceeds $1,477.00
Check Total $1,477.00
Seller/Buyer: Weld County/The State of Colorado for the use and benefit of the Colorado Department of Transportation
Property Address: vacant land US 85 over UPRR north of Nunn, CO
Tax Parcel Id: Memo:
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: H0337547-084 MG4 Close Date:06/12/2012 Proration Date: 06/12/2012 Date Prepared: 06/01/2012
Seller(s): Weld County, a subdivision of the State of Colorado
Buyer(s)/Borrower(s): The State of Colorado for the use and benefit of the Colorado Department of Transportation
Property: vacant land
US 85 over UPRR north of Nunn, CO
Brief Legal: PINS of Sections 20 and 21,Township 9N, Range 66W-ptn deeds B.779 Pages 185 and 190
Description Debit Credit
TOTAL CONSIDERATION:
Total Consideration 1,477.00
Sub Totals 0.00 1,477.00
Proceeds Due Seller 1,477.00
Totals 1,477.00 1,477.00
--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):
Weld County, a subdivision of the State of Colorado
o ��Sean Conway,Chair
Settlement Agent:
HERITAGE TITLE COMPANY, INC.
by Melinda Guafandri ,
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: H0337547-084MG4 Close Date:06/12/2012 Proration Date: 06/12/2012 Date Prepared:06/01/2012
Buyer(s)/Borrower(s): The State of Colorado for the use and benefit of the Colorado Department of Transportation
Seller(s): Weld County, a subdivision of the State of Colorado
Property: vacant land
US 85 over UPRR north of Nunn, CO
Brief Legal: PTNS of Sections 20 and 21,Township 9N,Range 66W-ptn deeds B.779 Pages 185 and 190
Description Debit Crec
TOTAL CONSIDERATION:
Total Consideration 1,477.00
REAL ESTATE CLOSING CHARGES
Escrow Fee to Heritage Title Company, Inc. (POCB 190.00)
RECORDING FEES:
Recording Fees to County Clerk and Recorder (POCB 26.00)
E Recording Fee to Heritage Title Company, Inc. (POCB 4.50)
TITLE CHARGES:
Owners Policy$1,477.00 to Heritage Title Company, Inc. (POCB 453.00)
Sub Totals 1,477.00 0.1
Balance Due From Buyer/Borrower 1,477.1
Totals 1,477.00 1,477.1
--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
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 Colorado Department of
Transportation]a924/7/Richard Barker, Real Es Specialist
Settlement Agent:
HERITAGE TITLE COMPANY, INC.
by Melinda Gualandri
RE: Commitment No. 459-110337547-084-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,US 85 over UPRR north of Nunn,CO
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.
SELLER:
Weld County,a subdivision of the State of Colorado
Sean Conway,Chair -7
State of Colorado
County of WELD }ss:
The foregoing instrument was acknowledged, subscribed, and sworn to before me June 12, 2012 by Sean
Conway, Chair of Weld County, a subdivision of theSatte of Colorado.
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RE: Commitment No. 459-110337547-084-MG4
REO Loan#
AFFINDEM-ARdavit and Indemnity Agreement
Exhibit A
A tract or parcel of land No. RW-5 of the Department of Transportation, State of Colorado, Project Code 18669,Project No.
FBR 0853-085, in Sections 20 and 21,Township 9 North Range 66 West of the 6th Principal Meridian, in Weld County,
Colorado,said tract or parcel being more particularly described as follows:
Commencing at a point on the U.S. Highway 85 existing Right of Way(Project No. F006-1(23),whence the Northwest
Corner of Section 21 bears N. 03°51'02"E.,a distance of 565.80 feet, said point also being the TRUE POINT OF
BEGINNING;
Thence along the easterly U.S. Highway 85 existing Right of Way(Project No.F006-I(23)the following three(3)courses;
I. N. 12°42'30"E., a distance of 74.62 feet;
2. N. 12°26'44"E., a distance of 151.90 feet to a point of curvature;
3. Along the arc of a curve to the left,having a radius of 3,918.00 feet,a central angle of 02°23'34",a distance of
163.62 feet, (a chord bearing N. 10°23'06"E.,a distance of 163.61 feet);
Thence S. 00°12'12"E.departing said easterly Right of Way,40 feet east of and parallel to the west line of the northwest
quarter of Section 21,a distance of 946.56 feet to a point on the northeasterly Right of Way line of the Union Pacific
Railroad(400' ROW);
Thence N. 17°17'30"W.along said northeasterly Right of Way line,a distance of 272.26 feet;
Thence N. 00°12'12"W.departing said Railroad Right of Way,40 feet west of and parallel to the east line of the northeast
quarter of Section 20,a distance of 304.55 feet,more or less,to the TRUE POINT OF BEGINNING.
County of Weld, State of Colorado.
Basis of Bearing: All bearings are based on a line between the Northwest Corner of Section 21 and the West One-Quarter
Corner of Section 21, Township 9 North,Range 66 West of the 6i°Principal Meridian being a grid bearing of S. 00°12'12" E
(2,653.24 feet). Said line being monumented on the north side by a found 3.25"Aluminum Cap, stamped"2004, LS 4392"
and on the south side by a found 3.25 Aluminum Cap,stamped"2004, LS 4392."
TAX,WATER, SEWER, CITY SERVICES AND
HOMEOWNER'S ASSOCIATION AGREEMENT
PROPERTY: vacant land, US 85 over UPRR north of Nunn, CO
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 12, 2012, a credit from seller for taxes for the current year. This pro-
ration was calculated based on:
v Other: No Proration of taxes.
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—Vacant land NO- Water and/or Sewer Department
v 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
v 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, US 85 over UPRR north of Nunn,CO(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.
SELLER: BUYER:
Weld County,a subdivision of the State of Colorado The t of Colorado for the use and benefit of the
Col ra o epart nt of Transportation
Sean Conway, Chair Rich rd Barker, al Estate Specialist
Refund Address: Buyer's Forwarding Address
=addressee=
Special Instructions:
Reference#: Buyer Phone#
Seller Phone#:
ESCROW 4: 459-H0337547-084-MG4
QUITCLAIM DEED
THIS DEED is dated June , 2012, and is made between Weld County , the
"Grantor", of the County of Weld and State of Colorado , and
Department of Transportation, State of Colorado , the "Grantee," whose legal address is
4201 E. Arkansas Avenue, Denver, Colorado 80202 of the County of Denver and State
of Colorado
WITNESS, that the Grantor, for and in consideration of the sum of One Thousand Four Hundred
Seventy Seven and no/100 DOLLARS, ($1,477.00), the receipt and sufficiency of
which is hereby acknowledged, does hereby remise, release, sell and QUITCLAIM unto the Grantee, and
the Grantee's heirs and assigns, forever, all the right, title, interest, claim and demand which the Grantor
has in and to the real property, together with any improvements thereon, located in the
County of Weld and State of Colorado, described as follows:
See Attached Exhibit"A"dated November 03, 2011 for:
Project Number: FBR 0853-085
Parcel Numbers: RW-5
Project Code: 18669
also known by street address as: Vacant land
and assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right,title, interest
and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of
the Grantee, and the Grantee's heirs and assigns, forever.
IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above.
Weld County
By
STATE OF COLORADO )
) ss.
County of Weld
e fore in�e g instrument . acknowledged Wore ,t day of , 2012, by
L L51 -lti�Pk.
PRY..?U
Witness my hand and official seal. O�: ®!iC
My commission expires: Its
MELINDA
GUALANDRI
Notary Pub ic q. .o f C0OQP
e
My Commission spires:
John W. Doty, PLS #37993 for and on behalf of Bohannan-Houston, Inc., 9785 Maroon Circle, Suite 140,
Englewood, CO 80112
Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C.R.S.)
No.933. Rev.I-06. QUITCLAIM DEED (Page 1 of 2)
EXHIBIT "A"
PROJECT CODE: 18669
PROJECT NUMBER: FBR 0853-085
PARCEL NUMBER: RW-5
DATE: November 03, 2011
DESCRIPTION
A Tract or Parcel of Land No.RW-5 of the Department of Transportation, State of Colorado, Project Code
18669, Project No. FBR 0853-085 containing 49,231 sq.ft. (1.130 acres), more or less,in Sections 20
and 21, Township 9 North, Range 66 West, of the 6th Principal Meridian,in Weld County,Colorado, said
tract or parcel being more particularly described as follows:
Commencing at a point on the U.S. Highway 85 existing Right of Way(Project No. F006-I(23), whence
the Northwest Corner of Section 21 bears N.03°51'02" E., a distance of 565.80 feet, said point also being
the TRUE POINT OF BEGINNING;
Thence along the easterly U.S. Highway 85 existing Right of Way(Project No. F006-1(23)the following
three(3)courses;
1. N. 12°42'30"E.,a distance of 74.62 feet;
2. N. 12°26'44"E., a distance of 151.90 feet to a point of curvature;
3. Along the arc of a curve to the left, having a radius of 3,918.00 feet, a central angle of 02°23'34",
a distance of 163.62, (a chord bearing N. 10°23'06" E., a distance of 163.61 feet);
Thence S.00°12'12"E. departing said easterly Right of Way,40 feet east of and parallel to the west line
of the northwest quarter of Section 21, a distance of 946.56 feet to a point on the northeasterly Right of
Way line of the Union Pacific Railroad (400'ROW);
Thence N. 17°17'30"W.along said northeasterly Right of Way line, a distance of 272.26 feet;
Thence N.00°12'12"W.departing said Railroad Right of Way, 40 feet west of and parallel to the east line
of the northeast quarter of Section 20,a distance of 304.55 feet, more or less,to the TRUE POINT OF
BEGINNING.
The above described parcel contains 49,231 sq.ft. (1.130 acres), more or less.
Basis of Bearings:All bearings are based on a line between the Northwest Corner of Section 21 and the
West One-Quarter Corner of Section 21,Township 9 North, Range 66 West of the Sixth Principal
Meridian being a grid bearing of S.00° 12' 12"E(2,653.24 feet)., said line being monumented on the
north side by a found 3.25"Aluminum Cap,stamped"2004, LS 4392" and on the south side by a found
3.25"Aluminum Cap, stamped"2004, LS 4392".
For and on Behalf of
Bohannan-Huston, Inc.
John W. Doty, PLS 37993 d' W 4e tSI
9785 Maroon Circle, Suite 140 040 o
Englewood, CO 80112 `
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P:\20110164\15520 Task Order 1 Ownership Map\ROW_Survey\lnRoads\Legals\18669_RW-5.doc
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)(6),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 Declaration is 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 39-13-102(5)(c),C.R.S.
1. Address or legal description of real property: Please do not use P.O. Box numbers.
vacant land,US 85 over UPRR north of Nunn,CO
PTNS of Sections 20 and 21,Township 9N,Range 66W-ptn deeds B. 779 Pages 185 and 190
2. Type of property purchased: O Single Family Residential O Townhome O Condominium
O Multi-Unit Res 0 Commercial 0 Industrial 0 Agricultural O Mixed Use ® Vacant
Land O Other
3. Date of Closing:
June 12,2012
Month Day Year
Date of Contract if Different than date of closing:
Month Day Year
4. Total sale price: Including all real and personal property.
$1,477.00
5. Was any personal property included in the transaction? Personal property would include,but is not limited to,
carpeting,drapes,free standing appliances,equipment,inventory,furniture. If the personal property is not listed,
the entire purchase price will be assumed to be for the real property as per 39-13-102,C.R.S.
❑ Yes 13 No If yes,approximate value$
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.
❑ Yes EZI No If yes, value$
If yes,does this transaction involve a trade under IRS Code Section 1031? ❑ Yes O No
7. Was 100% interest in the real property purchased? Mark"no" if only a partial interest is being purchased.
▪ Yes O No If no, interest purchased °ro
8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties
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.
❑ New O Excellent 0 Good O Average O Fair O Poor O Salvage.
Escrow No.459-1-10337547-084-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 June 12,2012.
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:
Thgto of Colorado for the use and benefit of the
Coo D��me�Transportation
if
Ri Bark ,Real Estate Specialist
Signature of Grantee(Buyer) El
18. All Future correspondence (tax bills, property valuations, etc.) regarding this property
should be mailed to :
4201 E.Arkansas Avenue 4`s Floor
Address(mailing) Daytime Phone
Denver, CO 80222
City, State and Zip Code
Escrow No.459-H0337547-084-Melinda Gualandri
RPTRNSFR-Real Property Transfer Declaration
Disclosures
Escrow #: 459-H0337547-084-MG4
PROPERTY ADDRESS: vacant land, US 85 over UPRR north of Nunn, CO
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 thirc
parties relevant to the transaction. If any check shall remain not-negotiated, on the one-hundred-eighty-first (1815t) da)
after issue, the Closing Company shall attempt to contact the "owner" of said funds or relevant party that caused said chec4
to be issued. If 45 days after the letter is issued said check continues to remain not-negotiated, Closing Company shall voic
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 returnec
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 receivf
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 Closinc
Company shall have no obligation to account to the parties to this escrow for the value of any such collateral benefits. Yot
have the opportunity to earn interest on your escrowed funds as follows: As an example: the amount of interest you can eau
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 b
the requirements of such Section or (c) determining whether the transferor is a foreign person under such Section, acting a
the Qualified Substitute or otherwise making any inquiry concerning compliance with such Section for any party to thi
transaction.
SELLER: BUYER:
Weld County, a subdivision of the State of Colorado The S t of Colorado for the use and benefit of the
Col a Depart enyof Transportation
Sean Conway, Chair � Richard Barker eal Estate Specialist
REO Loan#
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