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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 0 c z C .- o D v • m Z I in • o "' C C +, Cr I ✓ CD �: L I hi -C a) c 5 0 a o co 2 N w �a � � o C o � -Co � o on s: I 4- CON 0 0 I p L. to o c oo rn a +, C o 0o cal a) a. -C 3xcn CL- o ) .Cr m o N do I W E m ' 1 CU •O +. - N a D ili3 tO Z ♦—m o Z a J -6-0 -4-, O U U U co tO co a.) c� (O 1 I aL .-. 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OM Z cc\I �t N o0 r 1 __J0001 \ Z Z 0 O C I / f \ ci CT / / \ It- (n Q I '• �3 a L I I .. v \ 125 0 ico ct. ,..7; N J IC) N N ' N co I • AS\ + I— U CO, In 0 � I w o 0 0 0 0 0 o NQ � � � N \ O- - � 000M 0 I O re) W O rO C � I I \CY -ce N Z Z M Z O a) � VO M 1 c% O _ H � 2 ' I It NN a O C 0 - L_ sCEO_ CC Q U U U NI- U U ! I I - M 0 • � \ 0 I I - Z 6-4 I- a \ ill I ! Elmo = o ia- II 30 (O � ,o , I . 1 \ \ ll •Es 7 o OI) agi . ! o o , O c . I - ubp•IO•Luold-M0216998T\sbwMoJ0\!(anJnS-MON\dory digsJeuMQ 1 .epJ0 )1sol OZSSI\t9I01IOZ\:d Wd 6Z:60:ZI ueal-Ings ITOZ/£Z/Z' 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. -do 0 (SEAL) saadtg uoissi w03 Ayy Notary Public 03 JO w My Commission Expires:tit).l)-(`t nlaNvivns vaNn]IN • jt��.... .�\so� -R� :-, S- 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 ` ii Office: 303-799-5103 ;;=� , , \SJ1I t�t' t.� «h••,tA 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# cfm Hello