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Home My WebLink About20101440.tiff 281 RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF DEED OF TRUST HELD AS COLLATERAL FOR LYONS 66 PACIFIC COMMERCE PARK, PLANNED UNIT DEVELOPMENT, PF #555 - LYONS 66 PACIFIC, LLC 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, on June 25, 2003, The Board of County Commissioners approved the application of Lyons 66 Pacific, LLC, 1224 Commerce Court #7, Lafayette, Colorado 80026, for Change of Zone #555 from the C-4 (Highway Commercial) Zone District to a PUD (Planned Unit Development) Zone for 15 Commercial/Industrial lots; and on July 18, 2005, the Department of Planning Services approved a PUD (Planned Unit Development) Final Plan, PF#555, for a 15-lot development with C-3 (Business Commercial) and I-1 (Industrial) used in the Mixed use Development area, on the following described real estate, to wit: A Portion of the NW1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, on June 14, 2006, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Lyons 66 Pacific, LLC, 1224 Commerce Court#7, Lafayette, Colorado 80026,for the property described above, and accepted collateral in the form of a cashier's check(cash) in the amount$57,600.00 for the improvements to Phase 1 of the PUD, and a Deed of Trust to secure compliance for the development of Phase 2 of the PUD, and WHEREAS, on February 6, 2007, the Weld County Attorney executed a Partial Release of Deed releasing Lot 1 of the PUD, (which was all of Phase 1), and WHEREAS, Lyons 66 Pacific, LLC,entered into a"Possession and Use Agreement"with the Colorado Department of Transportation (CDOT), on or about July 6, 2006,wherein CDOT acquired certain parcels of land located within the PUD boundaries for the purpose of expanding and improving Interstate Highway 25, and WHEREAS, CDOT now desires to have said property transferred to it, and WHEREAS,staff from the Weld County Departments of Planning Services and Public Works have approved the release of the property being transferred to CDOT. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that a Partial Release of the Deed of Trust releasing the property which Lyons 66 Pacific, LLC, proposes to transfer to CDOT is hereby approved. 1111111 I I I I 1111111 IDIOM IIII 1111111 III 11111 l I I I I I I I (:,,C A ' PO 3705287 07/14/2010 11:OOA Weld County, CO 2010-1440 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder PL1670 PARTIAL RELEASE OF DEED OF TRUST HELD AS COLLATERAL FOR LYONS 66 PACIFIC COMMERCE PARK PLANNED UNIT DEVELOPMENT, PF #555 - LYONS 66 PACIFIC, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to execute the documents necessary to effectuate said Partial Release of Deed of Trust. BE IT FURTHER RESOLVED by the Board that the remaining lots of Phase 2 and $57,600.00 in the Trust Fund for Phase 1, Lot 1, be retained. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A.D., 2010. BOARD OF COUNTY COMMISSIONERS D CO ; ORADO ATTEST: y j �► r►Q, _ .... •:,r • 1861 (��roC_ s 'ademach- , hair Weld County Clerk to the Boar. t :?• 1 PIPIT' `}lut • �j� � ra Kirkmeyer, Pro-Tem / Dep4 Clerk o the Board Sean P. o _5 AP ED AS RM: illiam F. ia County Attorney EXCUSED David E. Long Date of signature: 11/4(t) 1111111 VIII 111111 1111 111111 IIII 1111111 III 11111 1111 lIII 3705287 07/14/2010 11:OOA Weld County, CO 2010-1440 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder PL1670 965 Original Note and Deed of Trust Returned to WHEN RECORDED RETURN TO: Prepared/Received by -. .. REQUEST FOR FULL n /PAR'I'IA I. n RELEASE OF DEED OF TRUST AND RELEASE BY HOLDER OF THE EVIDENCE OF DEBT wITHOIIT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO§38-39-102(I)(a)AND(3),COLORADO REVISED STATUTES) A July 7,201,0S° Date Lyons 66/Pacific,LLC Original Grantor(Borrower) 1224 Commerce Court,#6,Lafayette,Colorado 80026 Current Address of Original Grantor, Assuming Party,or Current Owner nCheck here if current address is unknown Weld County Original Beneficiary(Lender) March 24,2006 Date of Deed of Trust Date of Recording and/or Re-Recording of Deed of July 14,2006 Trust Weld County 3403175 Recording Information County Rcpt No.and/or Film No.and/or Book/Pagc No.and/or Torrent Reg.No. TO THE PUBLIC TRUSTEE OF Weld COUNTY(The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid andior the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or,in the event ofa partial release,only that portion of the real property described as: (IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE.)See Attached Exhibit'A' Pursuant to*38-39-102(3),Colorado Revised Statutes,in support of this Request for Release of Deed of Trust,the undersigned,as the holder of the evidence of debt secured by the Deed of Trust described above,or a Title Insurance Company authorized to request the release of a Deed of Trust pursuant to§38-39-102(3)(c),Colorado Revised Statutes,in lieu of the production or exhibition of the original evidence of debt with this Request for Release,certifies as follows: I. The purpose of the Deed of Trust has been fully or partially satisfied. 2 The original evidence of debt is not being exhibited or produced herewith. 3. It is one of the following entities(check applicable box): a. ©The holder of the original evidence of debt that is a qualified holder,as specified in§38-39-102(3)(a),Colorado Revised Statutes,that agrees that it is obligated to indemnify the Public Trustee for any and all damages,costs,liabilities,and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release; b. ❑ The holder of the evidence of debt requesting the release of a Deed of Trust without producing or exhibiting the original evidence of debt that delivers to the Public Trustee a Corporate Surety Bond as specified in§38-39-102(3)(b),Colorado Revised Statutes:or c. ❑ A Title Insurance Company licensed and qualified in Colorado,as specified in§38-39-102(3)(c),Colorado Revised Statutes,that agrees that it is obligated to indemnity the Public Trustee pursuant to statute as a result of the action of the Public Trustee taken in accordance with this Request for Release and that has caused the indebtedness secured by the Deed of Trust to be satisfied in full,or in the case ofa Partial Release,to the extent required by the holder of the indebtedness. Board of Coun Commissioners of Weld Coun ,Colorado on behalf of Weld Count ,915 Tenth St.,P.O.Box 758,Greele ,CO 80632 Name and Address of the Current Holder of the Evidence of Debt Secured by Deed of Trust(Lender) , C ` ) or name and address of the Title Insurance Company Anhonzed to Request die Release of a Deed of Trust .`I^ �) B T.Barker,Weld Coun Attorne ,915 Tenth St.,P��:,tx 758, 1 80632 j ` t ...... — y Nam- -and:-.ess of Officer,Agent,or Attorney of the Holder of• vu' ceofS•+' wed.•Deed ofTrust(Lender) �,+• OI /4, ..03 tore !awe • - CC I '' . AU61G O a V State of Colorado ,County of Weld 11 �j.`• \ :'Q. The foregoing Request for Release was acknowledged before %j�� (Notary seal) (§1'9).`'••..........••`Q.P' -c y me on July 7,2010 (date) , Sid, �\\ OF C��1 - o V Douglas Rademacher,Chair,BOCC,and Bruce T.Barker,WC Atty. =c C T-/c- OJg Date Commission Expires �, iJ%OMMISSIONEJRI11E3:M10.2012 NI applicable,insert tine of officer and name of current holder Notary Public Witless my hand and official seal a- N O RELEASE OF DEED OF TRUST N WHEREAS,the Grantor(s)named above,by Deed of Trust,granted certain real property described in the Deed of Trust to the Public Trustee of the a y County referenced above,in the State of Colorado,to be held in trust to secure the payment of the indebtedness referred to therein;and r rD WHEREAS,the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully mmm or partially satisfied according to the written request of the holder of the evidence of debt or Title Insurance Company authorized to request the release —- C of the Deed of Trust: NOW THEREFORE, in consideration of the premises and the payment of the statutory sum,receipt of which is hereby acknowledged,I,as the Emmrco Public Trustee in the County named above,do hereby full tely release,cancel and forever discharge the Deed of Trust or that portion of the to O real roe described above in the Deed ofT'rust,to 16M es andappurtenances thereto belonging. to property rtl' g 8 Mom 00 wPubli eJ Date JUL 1 3 2010 cc De tY he rustee Date (If applicable,Name and Address jl'eman Creating Ne la esortplion oquiredhp pr'3R-33-]I SColorado Reeked.1/anncc)IMME Imo.O O �,w.,.o� M� O2009 CPTA. All Rights reserved. Susie�Iuez t - Rev.09/09 Public linuseee r✓I�l ti� &o/o— /990 Our Order No: FCC25096134 LEGAL DESCRIPTION BMW PARCEL I: I A tract or parcel of land No. 619 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6, in Outlot "D", Lyons 66 Pacific Commerce Park Subdivision, in the NW 1/4 of Section 26,Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the North 1/4 corner of said Section 26, T. 3 N., R. 68 W., of the 6th P.M.; Thence S. 89°06'04" W., along the north line of the NW 1/4 of said Section 26, a distance of 1270.76 feet; Thence S. 0°05'56" E., a distance of 140.23 feet to the southeast corner of Outlot "D" Lyons 66 Pacific Commerce Park Subdivision, recorded June 20, 2006 as Reception No. 3397412 in the records of the Clerk and Recorder's Office, Weld County Colorado; said point being the TRUE POINT OF BEGINNING; 1. Thence S. 89°06'04" W., parallel to the north line of the NW 1/4 of Section 26, and along the southerly line of said Oudot "D", a distance of 13.75 feet; 2. Thence N. 56°18'55" W., continuing along the southerly line of said Oudot "D", a distance of 61.66 feet; 3. Thence S. 89°06'04" W., continuing along the southerly line of said Oudot "D", parallel to the north line of the NW 1/4 of Section 26, a distance of 270.26 feet; 4. Thence S. 78°15'35" W., continuing along the southerly line of said Outlot "D", a distance of 259.98 feet; 5. Thence S. 84°57'41"W., continuing along the southerly line of said Outlot "D", a distance of 474.44 feet (474.31 feet Plat), to a point on the east right of way line of 1-25 (September 2005); 6. Thence N. 15°40'56" E., along said east right of way line, a distance of 123.44 feet to a point on the south right of way line of SH 66 (September 2005), said point being memorialized by a 1 1/2" aluminum cap on a#5 Rebar stamped "JR Eng LS 25369"; 7. Thence N. 85°41'10" E., along said south right of way line, a distance of 500.93 feet (500.89 feet Plat) to a angle point in the right of way line, said point being memorialized by a 1 1/2" aluminum cap on a#5 Rebar stamped "JR Eng LS 25369"; 8. Thence N. 89°06'04" E., continuing along said south right of way line, a distance of 529.44 feet (529.35 feet Plat) to the west line of Lot "A", Recorded Exemption No. 1207-26-2-RE123; 9. Thence S. 0°05'56" E., along said west line, a distance of 100.01 feet, more or less, to the TRUE POINT OF BEGINNING. PARCEL II: A tract or parcel of land No. 619A Rev. of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6, in Outlot"C", Lyons 66 Pacific Commerce Park Subdivision, in the NW 1/4 of Section 26,Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: 1 111111 111111111111111 11111 11111 1111111 III 11111 1111 IIII 3704965 07/13/2010 11:19A Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Our Order No: FCC25096134 LEGAL DESCRIPTION Commencing at the North 1/4 corner of Section 26, T. 3 N., R. 68 W., of the 6th P.M.;Thence S. 89°06'04" W., along the north line of the NW 1/4 of Section 26, a distance of 1270.76 feet; Thence S. 0°05'56" E., a distance of 1319.93 feet to the southeast corner of Lyons 66 Pacific Commerce Park Subdivision, recorded June 20, 2006 as Reception No. 3397412 in the records of the Clerk and Recorder's Office, Weld County Colorado; Thence S. 89°06'14"W.. along the south line of said subdivision, a distance of 1325.97 feet(1325.86 feet Plat) to the east right of way line of I-25 (September 2005); Thence N. 0°06'43" E., parallel to the west line of the NW 1/4 of Section 26, said course also being the west line of said subdivision and the east right of way line of 1-25 (September 2005), a distance of 206.19 feet (206.37 feet Plat);Thence N. 15°40'56" E., continuing along said east right of way line, said course also being the west right of way line of said subdivision, a distance of 105.51 feet (105.79 feet Plat) to the southwest corner of Outlot"C", said point being the TRUE POINT OF BEGINNING; Thence N. 15°40'56" E., along the east right of way line of I-25 (September 2005), said course also being the west line of Oudot "C" of said subdivision, a distance of 859.86 feet (859.57 feet Plat) to the northwest corner of said Oudot "C"; 1. Thence N. 84°57'41" E., along the north line of said Outlot "C", a distance of 10.69 feet; 2. Thence S. 1590'56" W., parallel to the west line of said Oulot "C", a distance of 840.25 feet to the southeasterly line of said Oudot "C"; 3. Thence along the southeasterly line of said Outlot "C", along the arc of a curve to the left having a radius of 530.00 feet, a distance of 25.44 feet, (the chord of said arc bears S. 38°49'48"W., a distance of 25.44 feet, more or less, to the TRUE POINT OF BEGINNING. 1111111 11111 111111 1111 IIIII 11111 11111 111 11111 1111 1111 3704965 07/13/2010 11:19A Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Donna Bechler From: Nancy Lohr[nlohr@Itgc.com] Sent: Thursday, July 15, 2010 12:08 PM To: Donna Bechler Subject: RE: Lyons 66 Pacific, LLC Donna, Thank you for sending the recorded release to me; I do not need the original now that the document is recorded with the Clerk and Recorder. Thank you for all your help! Nancy Lohr Sr. Escrow Closer Land Title Guarantee Company 4617 W. 20th Street. Ste B Greeley.CO 80634 970-339-9522 Etax 800-318-3051 nlohMi ltgc.com c taxi Talc Original Message From: Donna Bechler [mailto:dbechler@co.weld.co.us] Sent: Thursday, July 15, 2010 12:01 PM To: nlohr@ltgc.com Cc: Esther Gesick Subject: Lyons 66 Pacific, LLC Nancy, Here is the Partial Release of the Deed of Trust that you needed for Lyons 66 Pacific, LLC. Please let me know if you still need the original documents and I will have them ready for you to pick up. DONNA J. BECHLER Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, Colorado 80631 (970)336-7215 Ext. 4227 (970)352-0242 (fax) 1 I ®I�EOPP a =te . -. -. - - ► ` sm :ate 'I- 8 $i N ��Atu� �� IT* t•$ " - � • @j@{{qq . ® _ q i 5 /7• a r / _ ,ay m 1 l ! il / �• •�• % 310810 0IJI0Vd r'• i /i .- ?e,{ /i m •.I 3c. it /, i f ,- s� fir,' / o m NN� / c S A "$ '✓� / .rte Y / MINN ' ; t� O o .a 1 m O� :� t( , 11 6 co / �qs 1°'. 0 !moo _i"""' i I / ' R' $ B —0V08 30V1N0W 9Z—I 1 ay ° = as �� it &i !V''. / gO N co Al ��1, 11114 g, •fh , , In d ',I�.,oI. '�,1 E .I� /� Pa@6 I _ o z - .II ie \ . �© n F L s •i - 6 1 S °, Ey '( I I \ O V 'mina G I I *1 ( i'!I;vs'IA! '*� "moo °. I gi hi ' I i _• , p i '�` a----MS-11 .e.:.-r- ..� � T —sb� anww-es— rt ryI d r iN TiI'Y 1 Aar E ll i�' �4 1 I. iii:y--'_`� .% r.ox y, 1 11' Ill ` iAll I Yoaio��iwa ® �' \� Ne ° � ,/ i i y m ^ '' '° IH, t 1 J * k i - o, - �'� %n fag 8 ~ 4 T4 v gel $8i XO6 77//0T' i s di I i N'41 MI co OVOa 30ViNO J GZ-I o 'moo 11 _J ` W 11111 -I --..__ 9 76 15 .ii OCD E R9Z ° U p'j tl lOllflO o o� L •ax O a0 E V�O w am m ofD 6a•Ern 8 n p� r]{.� m7ado Mu maUFy 90 ` r "Et td i oZ � i ._"i 713: o as 3J ',. p Os� Y &e 6A 176 SALE RESTRICTION AGREEMENT a THIS SALE RESTRICTION AGREEMENT ("Agreement") entered this /1/day of tatei,2006 by and between THE COUNTY OF WELD, a body politic and political subdivision of the State of Colorado ("Weld") and LYONS 66 PACIFIC, LLC, a Colorado limited liability company("Lyons 66"); WITNESSETH THAT WHEREAS, Lyons 66 owns the property described in Exhibit A attached hereto and made a part hereof(the "Property"); and WHEREAS, Weld has permitted and Lyons 66 has filed a final Plat ("Plat") with respect to the Property; and WHEREAS, Lyons 66 has provided and Weld has approved an Improvement Agreement with respect to Lot 1 of the Property as shown on the Plat but not with respect to the other lots shown on the Plat; NOW,THEREFORE, the parties hereto agree as follows: 1. Lyons 66 will not sell or convey any lots other than Lot I or portions of the Property except for deeds and dedications for public use, such as street and road rights-of-way, unless it has submitted an Improvement Agreement to Weld which Weld has approved in the reasonable exercise of its governmental powers,duties and authority. 2. Weld may secure performance of this Agreement by a deed of trust ("Deed of Trust"), but upon receipt by Weld of a satisfactory improvement agreement with respect to any other portion of the Property or any other lot shown on the Plat, Weld shall execute and record a Release or Partial Release of this Agreement and the Deed of Trust of Trust. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first above written. County of Weld,State of Colorado Lyons 66 Pacific,LLC tI':t ;'n ° /1424'j—) By. , :i Its: M. J. Celle, Chair, Board of ♦ tr:9 John Davis County Commissioners JUN 1 4 ts: Manager ATTEST: WEL COUNTY CLERK TO THE BOARD 111111111111I111111111111111111111111111111111111111111 3403176 07114/2006 12.39P Weld County, CO {oonasa m t BY: �4 1(,>" 1 of 12 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder DEP TY CLE TO�{{HE BOARD &Da6 /643 STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed and sworn to before me by J'9, e4V)..$ on the 7 `May of termite,4 , 2006. el . WITNESS MY HAND AND OFFICIAL SEAL. I 5:,71 G l 4/ c . ,,! My Commission expires: �06 (Q • a1= � ' . �J r Notes Public STATE OF COLORADO ) ) ss. COUNTY OF t.JELD ) nisei.Subscribed and sworn to before me by n the I cf4Y day of Vic,us- , 2006. WITNESS MY HAND AND OFFICIAL SE 9ON.*e NOTtRY My Commission expires: \• PUB'. `•. C* Public ,,. PAP Cornelison Ems Mey It 2010 1 111111 1111 11111 Ill I I I I I I I 11111111 I I I111111111 I I I I 3403176 07/14/2006 12:39P Weld County, CO 2 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 100276537/I} IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) mil THIS AGREEMENT,made and entered into this Pr _day of„lime_ • 201O, by and between the County of W eld,State ofColorado,Co lorad o,acting through its Board of County Commissioners,hereinafter called"County," and 1,Yons 66 Pacific, LLC __, hereinafter called"Applicant." WITNESSETH: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld,Colorado: A portion of the NW 1/4 of Section 26, Township 3 North, Range 68 West of the 5th P.M. , County of Weld, State of Colorado WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as Lyons 66 Pacific, LLC __ has been submitted to the County for approval; and WHEREAS,relevant Sections of the Weld County Code provide that no S ubdivision Final Plat,Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting documents of the Subdivision Final P lat,Planned Unit Dev elopment Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits"A"and "B" of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public impro vements. 1.2 The required engineering services shall consist of,but not be limited to, surveys,designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract Before acceptance of the roads within the Subdivision or Planned Unit Development by the County,Applicant shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to the County. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire,at its own expense,good and sufficient rights-of-way and casements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit IIIill 1111 III1111111 MUM IIIIIII III 11111 MI II 3403176 07/14/2006 12:39P Weld County, CO /de of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit"B"also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strictconformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the C minty. 3.3 At all times during said construction,the County shall have the right to test and inspect,or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water,gas,electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhthit"B." The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein, 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improv ements,and pay any and all judgments rendered againstthe County on accountof any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safely and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner maybe reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity,width,or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expectsto receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: HIM III" VIIIIIIIIIIIII'IIIIIIIIIIIIIIIIIIIIIII IIII 3403176 07/14/2006 12:39P Weld County, CO 4 of 12 R 0.00 D 0.00 Steve Moreno Clerk a Recorder The legal description of the properly to be served. The name of the owncr(s)of the property to be served. A description of the off-site improvements to be completed by the subdivider,applicant,or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision,Resubdivision,or Planned Unit Development,as specified by the ITE Trip Generation Manual,or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. - The current address of the person to be reimbursed during the term o f the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constructed under an improvements agreement,the subsequent subdivider,applic ant,or owne r shall reimburse the original subdivider,applicant,or owner,for a portion of the original construction cost. In no event shall the original subdivider, applicant,or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider,applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision, Resub division,or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider,applicant,or owner of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured bythe changes in the Colorado Construction Costtndex used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner, or by further road improvements which benefit the prior subdivider, applicant, or owner4 property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982)of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions,Rcsubdivisions,or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision,Resubdivision,or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site improvements agreement,entered into between the subdivider and the County, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimbursement,and in no way is Weld County to be considered a guarantor of the moniesto be reimbursed by the subsequent subdividers,applicants, or owners. 111111111 1110 ION 11 II111111111 III 11111 IIII VIII 3403176 07/1412006 12:39P Weld County, CO 5 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 6.0 Acceptance of Streets for M aintcnance by the County: Upon compliance with the followingprocedures by the Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County. portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B,"but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work an the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County;and all terms of this Agreement ha ye been faithfu Ily kept by Applicant. 6.3 Upon completion oftheconstrudion of streets within a Subdivision o r Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicants)may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair ofstrects,curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer sh all reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property,and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board ofCounty Commissioners and the execution of this Agreement. Acceptable collatera I shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates arc updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(1)year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30)flays prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One-Hundred percent(l00%)of the value of the improvementsremainineto he completed. If improvements are not completed and the agreement not renewed within these time frames,the County,at its discretion,may make demand on allor a portion of thecollateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvem ents in each filing as approved. The County will place restrictions on those portions of the property that are notcovered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided o r until improvements arc in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the improvements described in Exhibit"A"will be adjusted higher or lower for the year and quarter in 111111111111111111111111IIII IIII1111111III IIIII IIII101 3403176 07/14/2006 12:39P Weld County, CO 6 of 12 R 0.00 0 0.00 Steve Moreno Clerk I Recorder which the contemplated work is being performed based on "The State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided costestimates forall phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits "A"and "B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shallguarantee that,at all times,the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets, sewers, water mains and landscaping,etc.). The issuer of the Letter of Credit will sign die Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of C redit shall be either the date of release by Weld County of the final fifteen percent(15%),or one year from the dale of Final Plat approval,whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty(60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the propo sed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in itscurrent degreeof development is sufficient to cover One-Hundred percent(100%)o f the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required o f the property by a Member of the Institute of Real Estate Appraisers(M.A.I.) indicating that die value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent (100%)of the 1111111 11111 111 111111 IIII 111111111 IIII 3403176 07/1412006 12:39P weld County. CO 7 of 12 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board o f Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld C ounty determines there is a default of the Improvements Agreement, the escrow agent,upon req uest by the Co unty,shall release any remaining es crowed funds to the County. 8.4 A surety bond given by a corporate surely authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Impro vements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant mug present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation(CDOT)Schedule for minimum materials sampling,testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project"as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and slate the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans. I II III 11111 X111111 111111111113 ill II 1111111 3403178 0711412008 12:39P Weld County, CO 8 of 12 R 0.00 0 0.00 Steve Moreno Clerk&Recorder 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County,the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improve ments fully accepted for maintenance by the responsible governmental entity,special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development sttects and utility easements ofa character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development plan,if any: 10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks ata later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land herein described,and shall be binding upon the successors in ownership of said land. 11111 11011111111 IIII IIII 1111111 III 111111111 IIII 3403176 07/14/2006 12:39P Weld County, CO 9 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the d and year first above written. APPLICANT: [ ! APPLICANT$y: John Davis TITLE: Manager Foy _;.....:. �te f e t Subscribed and sworn b before me this I I, • day of rehNlrtr •20!�1 . ---.7 � ip ,f •Tit 1 / I ' „i/ liAliethrAirt tltMy Commission expires: _ / Z Notary Public l i _ CppqeettrE1cYM0/dt ! lIf3 AUBLNC)/ ). ttV OF GOV°P. ATTEST: � E �`'`ARD OF COUNTY COM MISSIONERS /� / / I / ��*�D COUNTY aLORADO INI It® �' J. Geile ,Chair juN 14 0po�6� Weld County Clerk to the Board ZUW IHof- BY: _ I_ o-1�1L� - eputy CI f to the Board APPROVED AS TO FORM: _ — ounty Attorney 1 11110 1111 111111111111 IIII IIII 1111111 III 111111 III B 3403176 07/14/2006 12:39P Weld County, CO 10 of 12 R 0.00 0 0.00 Steve Moreno Clerk 8 Recorder 8 c2& l643 175 DEED OF TRUST THIS INDENTURE,Made this 1`/ day of March, 2006, between LYONS 66 PACIFIC, LLC whose address is 1224 Commerce Court, #7, Lafayette, Colorado 80026 hereinafter referred to as grantor,and the Public Trustee of the County of Weld, State of Colorado,hereinafter referred to as Public Trustee, WITNESSETH,THAT,WHEREAS,grantor and Weld County have executed a Sale Restriction Agreement dated March _,2006(referred to as the agreement). AND WHEREAS,the grantor is desirous of securing its performance under the agreement. NOW THEREFORE,the grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain,sell and convey unto the said Public Trustee in trust forever,the following described property,situate in the County of Weld,State of Colorado,to wit: A portion of the Northwest 1/4 of Section 26,Township 3 North,Range 68 West of the 6th P.M.,being more particularly described as follows: Commencing at the North quarter corner of said Section 26;thence South 00'13'00"West a distance of 40.00 feet to a point on the South right-of-way line of Colorado State Highway 66;thence South 89'25'00 West and along the South right-of-way line of Colorado State Highway 66 a distance of 1270.76 feet to the Point of Beginning; thence South 00'13'00 West a distance of 1279.93 feet; thence South 89'2610"West a distance of 1325.86 feet to a point on the East right-of-way line of Interstate 25; thence Northerly along the East right-of-way line the following three courses: 1. North 00'25'30"East a distance of 206.37 feet; 2. North 16'00'00"East a distance of 1088.80 feet; 3. North 89'59'42"East a distance of 500.89 feet to a point on the South right-of-way line of Colorado State Highway 66; thence North 89'25'00"East and the South right-of-way line of Colorado State Highway 66 a distance of 529.35 feet to the Point of Beginning; vacant land; saving and excepting Lot I or portions of the Property for deeds and deductions for public use,such as street and road rights-of-way,as shown on the final Plat recorded as County of Weld State of Colorado TO HAVE AND TO HOLD the same,together with all and singular the privileges and appurtenances thereunto belonging: In trust until the full performance by grantor of all of grantor's obligations under the agreement. And the grantor,for itself and its members,personal representatives or assigns covenants and agrees to and with the Public Trustee,that at the time of the ensealing of and delivery of these presents it is well seized of the said land and tenements in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in the manner and form as aforesaid;hereby fully and absolutely waiving and releasing all rights and claims he may have in or to said lands,tenements,and property as a Homestead Exemption,or other exemption,under and by virtue of any act of the General Assembly of the State of Colorado,or as any exemption under and by virtue of any act of the United States Congress,now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all liens and encumbrances whatever. The grantor shall and will Warrant and Forever Defend the above bargained property in the quiet and peaceable possession of the Public Trustee,against all and every person or persons lawfully claiming or to claim the whole or any part thereof. Until performance of all of grantor's obligations under the agreement,the grantor shall timely pay all taxes and assessments levied on the property. AND THAT IN CASE OF ANY SALE OR CONVEYANCE,of any portion of the Property in violation of the agreement, the lien of this Deed of Trust shall be senior to any sale or conveyance. Such sale or conveyance shall not convey good and marketable title. It is further expressly understood and agreed that all the covenants and agreements herein contained shall extend to and be binding upon the heirs,personal iepo...ntatives, successors and assigns of the respective parties hereto. Whenever used,the singular number shall WA, the plural,the plural the singular,and the use of any gender shall be applicable to all genders. Executed this 2 7 A,day of March,2006. Lyons 66 Pa ' _ By: L//! ohn Davis Its Manager State of Colorado County of Isrc,(G1 bl K. k The foregoing instrument was acknowledged bef C! •• y of I I�L rte"1,2006,by John Davis,Manager, of Lyons 66 Pacific,LLC. •�,.••, n Witness my hand and seal. • My commission expires: in` 4 • cana6ir rw-mss ys •GE)L\G:�n laoafsur/tl 1111111111111111�111111��IlnI111111111IIIIIIUIIIII 3403175 07/1412006 12:3SP Weld County,CO 1 of 1 R 0.00 0 0.00 Steve Moreno Clerk&Recorder 11111111111111111111111111110 HEIDilll HEN 3464340 03/26/2007 01:59P Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk& Recorder FOR PARTIAL RELEASE OF DEED OF TRUST AND PARTIAL RELEASE (WITHOUT PRODUCTION OF THE EVIDENCE OF DEBT PURSUANT TO§38-39-102(3),C.R.S.) LYONS 66 PACIFIC,LLC Original Grantor(Borrower) WELD COUNTY Onginal Beneficiary(Under) MARCH 24,2006 Date of Deed of Trust JULY 14,2006 Recording Date of Deed of Trust Weld County of Recording 3403175 ReceotlOn No./Film No./Book&Page No. Reception No. Film No. Book&Page NO. TO THE PUBLIC TRUSTEE OF WELD COUNTY: PLEASE EXECUTE THIS PARTIAL RELEASE OF THE ABOVE-REFERENCED DEED OF TRUST pursuant to 38-39-102(3.S), C.R.S. In support of this Request tar Partial Release of Deed of Trust,the undersigned,as the owner of the evidence of debt secured by the above-described Deed of Trust or the agent or attorney thereof, in lieu of the production or exhibition of the original evidence of debt with this Request for Release,certifies as follows: I. The purpose of the Deed of Trust has been partially satisfied. 2. The original evidence of debt is not being exhibited or produced herewith. 3. The owner of the evidence of debt agrees that It is obligated to indemnify the Public Trustee pursuant to 38-39- 102(3.5)(a), C.R.S. for any and all damages,costs, Iwbllities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for PARTIAL RELEASE. 4. It is one of the entities described in 3B-39-102(3.5)(b),C.R.S. Current Owner and Holder of the Indebtedness Name and Title of Agent or Officer Secured by the Deed of Trust(Lender) of Current Other and Holder of edness WELD COUNTY %B• C :ARKEa COU.: " •R Signature State of COLORADO County of WELD A•./ The foregoing Request for Release was acknowledged • jre fie o .., _'• (date)by BRUCE BARKER,COUNTY ATTORNEY FOR WELD COUNTY. / . BECKMAN llf co� f its Witness my hand and official seal. )( .,• „i., My Commission Expires: /o/7/61? l �•L �' My Comilla E$rus 1607-200e PARTIAL RELEASE OF DEED OF TRUST WHEREAS, the above-referenced Grantor(s),by Deed of Trust, conveyed certain real property described in said Deed of Trust to the Public Trustee of the above-referenced County,in Me State of Colorado,to be held in trust to secure the payment of the indebtedness referred to therein;and WHEREAS, the purpose of the Deed of Trust has been partially paid and/or the purpose of the Deed of Trust has been partially satisfied as set forth in the written request of the current owner and holder of the said indebtedness; NOW,THEREFORE, in consideration of the premises and the payment of the statutory release and receipt of which 1 present hereby acknowledged, I,as the Public Trustee in the above-referenced County,do hereby remise, quitclaim owner or owners of said real property,and unto the heirs,successors and assigns of such owner or owners forever,all the right, title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described as follows: lot 1. Lyons 66 pacific Commerce Park, County of Weld.State of Colorado TO HAVE AND TO HOLD THE SAME,with all the privileges end appurtenances thereunto belonging forever end further I do hereby fully and absolutely release,cancel and forever discharge said Deed of Trust. -- ,J�'lc By:I .fti(—et S ,f' 1 (�//'/•/ UlT e State of COLORADO,County of WELD The foregoing instrument was acknowledged before me an (date) y as Public Trustee of WeldCounty,b Colorado Witness my hand and official seal. STATE OF COLORADO, COUNTY OF WELD apwwy; IMr DONNA L. SCHMIDT I My Commission Expires: Pole (Chie Deputy) Public Trustee a • MAR 2 6 2007 • • ,u WHEN RECORDED RETURN TO: on (Notarization no longer required in Colorado. , Per Statue 38.35-106 C.R.S.) Susie Veiasqunr Public File No.:TNFCOOOIO55 t/29/071:59Dublic Trustee Release of DOT(Part-No Note)-PT a....,....•410.-_, IIIiINliii,IIIhI1111111h111111111111IliIIIII111111 085 1 of S R 31.00 0 0.00 Steve Moreno Clerk 8 Recorder COLORADO DEPARTMENT OF TRANSPORTATION Project Coda NHIR(CX)025-3(109)Unit 6 POSSESSION AND USE AGREEMENT Parcel No: Parcel 619.619A,1E-619,1E-619A Project No: 91032 Location: I 25 from SH 7 to SH 66 This agreement is made this 2-4 441 day of-5r+n P ad.20 04 between the State Department of Transportation,State of Colorado (herein referred to as the department),and Lyons 66 Pacgic LLC (herein referred to as the landowner)for the purpose of granting the irrevocable right to possession and use to the department,its contractors,agents,and all others deemed necessary by the department of parcel(s) 619,619A,TE619,TE619 of Project No. NH1R(CX)025-3(169)Unit 6 for the purpose of constructing a portion of State Highway No.66&1-25 The property involved is described more fully In Exhibit A(and Exhibit B)attached hereto and made a part hereof by reference. 1. In consideration for this irrevocable grant of possession the department will tender to the landowner(s)the sum of$377,200.00 .The department shall be entitled to take possession upon tender of payment.It is understood the sum tendered represents 700 percent of the department's appraised value of the just compensation owed to the landowner(s).It is agreed this sum shall be deducted from any final settlement amount,award,or verdict.It is also agreed in the event the ultimate settlement amount,award,or verdict is less than this sum the undersigned landowner(s)shall refund the difference to the department. If not all sums are paid to the landowner,the landowner shall refund its pro rota portion of the difference based upon the amount received. 2. The landowner(s)represents that the title to the property is free and clear of all liens and encumbrances or that proper releases will be executed for the property herein described prior to funds being disbursed under this agreement. 3. This agreement Is made with the understanding the department will continue to negotiate in good faith with the undersigned landowner(s)to acquire the interest in the property described by direct purchase.It is further understood in the event a settlement is not reached within 60 days such failure will be a confession that the negotiations to acquire the property described herein have proved futile. At this point the department may begin proceedings in eminent domain to acquire title to the property herein described. The department shall not unreasonably delay the commencement of proceedings under the eminent domain law once the time provided for in this paragraph has expired,If the department begins proceedings in eminent domain,it is understood and agreed this agreement shall continue in effect until either a settlement is reached or a rule and order as provided for in C.R.S.38-1-105(3)is entered by the court. 4. If the department begins proceedings in eminent domain it agrees to deposit the remaining amount of its appraised value of the just compensation owed to the landowner(s)into the registry of the court if it has not previously tendered 100 percent of this amount.Any sums deposited in the registry may be withdrawn by the undersigned landowner(s)if all parties interested in the property sought to be acquired consent and agree to such withdrawal.Any such withdrawal of said deposit shall be deducted by the clerk from any award or verdict entered thereafter or by the department from any settlement reached.It is agreed in the event the ultimate settlement amount, award,or verdict is less than the total of the sums paid to and withdrawn by the undersigned landowner(s);the undersigned landowner(s) shall refund the difference to the department. 5. It is agreed by the undersigned in the event proceedings in eminent domain are begun the valuation date for determining the amount of just compensation shall be the date on which payment was tendered to the landowner(s)pursuant to paragraph one above. 6. II is agreed by entering into this agreement the undersigned do not waive any right to raise any issue pertaining to just compensation at the time of trial. 7. The purpose of this agreement is to allow the department to proceed with its construction project without delay and to allow the andowner(s)to avoid litigation at this time. 8. The undersigned landowner(s)agree(s)to pay all taxes,including prorated taxes for the current year,and special assessments due at he time the department takes possession of its(their)property. 9. This agreement shall be deemed a contract and it shall bind the parties only when signed by all landowners or their designated representatives and one of the following on behalf of the department:Project Development Branch Manager,Right of Way Program Manager.Regional Transportation Director,Region Program Engineer.Region Right of Way Manager or their superiors.This contract shall also extend to and bind the heirs.devisees,executors,administrators,legal representatives,successors and assigns of the parties. 10. It is agreed the department shall record this document. 11. Other conditions. ..andew �Sry/"�' ' ti$R or FEINR: �g_/-S3 3 oz 7 Date CC Z(P e9 /�o'1` e /tie",: —S9#or FEll . Date rte an ht 7 egpr/T- - OZ Date 77‘V oh Distraction: Project Development Branch(ROW Services)-original COOT Four 0228 12006 Property Owner Region ROW Manager Region Program Engineer/Resident Engineer/Project Engineer • MUM 1111 MEN! 11111 111111II1111/ 01/ I I I I 3411085 08111/2006 09:57A Weld County, CO 2 of 6 R 31.00 0 0.00 Steve Moreno Clerk& Recorder NH-IRCX 025-3(109)Unit 6 Parcel Number: 619 EXHIBIT "A" PROJECT NUMBER: NH-1RCX 025-3(109) Unit 6 PARCEL NUMBER: 619 PROJECT CODE: 91032 DATE: December 1, 2005 LEGAL DESCRIPTION A tract or parcel of land No. 619 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109)Unit 6, containing 97,445 square feet(2.237 acres), more or less, in the NW 1/4 of Section 26, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado,said tract or parcel of land being more particularly described as follows: Commencing at the North 'A corner of said Section 26, T. 3 N., R. 68 W.,of the 6`h P.M.; Thence S. 89%6'04" W., along the north line of the NW '/ of said Section 26, a distance of 1270.76 feet; Thence S. 0°05'56" E., a distance of 140.23 feet to the TRUE POINT OF BEGINNING; 1. Thence S. 89°06'04" W., parallel to the north line of the NW '/ of Section 26, a distance of 13.75 feet; 2. Thence N. 56°18'55" W., a distance of 61.66 feet; 3. Thence S. 89°06'04" W., parallel to the north line of the NW ''A of Section 26, a distance of 270.26 feet; 4. Thence S. 78°15'35" W., a distance of 259.98 feet; 5. Thence S. 84°57'41" W., a distance of 474.44 feet to a point on the east right of way line of I-25 (September 2005); 6. Thence N. 15°40'56" E., along said cast right of way line, a distance of 123.44 feet to a point on the south right of way line of SH 66 (September 2005); 7. Thence N. 85°41'10"E., along said south right of way line, a distance of 500.93 feet to a angle point in the right of way line; 8. Thence N. 89°06'04" E., continuing along said south right of way line, a distance of 529.44 feet to the west line of Lot "A",Recorded Exemption No. 1207-26-2-RE123; 9. Thence S. 0°05'56" E., along said west line, a distance of 100.01 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 97,445 square feet (2.237 acres), more or less. 111111111111111111111111111111111 TIM 11111 O IIII 3411085 08/1112006 09:57A Weld County, CO 3 of 6 R 31.00 0 0.00 Steve Moreno Clerk& Recorder NH-IRCX 025.3009)Unit 6 Parcel Number: 619 Basis of Bearing: All Bearing are based on a line connecting the NW corner of Section 26, T. 3 N., R. 68 W. of the 6 P.M. (2" Alum Cap sct 5" below surface of asphalt road, stamped S22 S23 S27 S26, 1984, PLS 13446), and the N '/ corner of Section 26, T. 3 N., R. 68 W. of the 6th P.M. (2" Alum Cap set flush,witb jhe surface of asphalt road, in Range Box, stamped T3N, R68W, 6`"PM,N '/, S269'§4 PLAa00) as Bearing N.89°06'04"E. alecark.T.IVA e4.69 o As ewe "2 'm' 1641 ? b ,o.:e ,/ �s %tip 0b/mod�� oI For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS 16412 1420 20 Street Greeley, CO 80631 111111111111IIIII1111111111111111111111III11111 3411085 08/11/2006 09:57A Weld County, CO NI-I-IRCX 025-3(109)Unit 6 4 of S R 31.00 0 0.00 Steve Moreno Clerk 8 Recorder Parcel Number:619A EXHIBIT "A" PROJECT NUMBER: NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER: 619A PROJECT CODE: 91032 DATE: December 1, 2005 LEGAL DESCRIPTION A tract or parcel of land No. 619A of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6, containing 9,852 square feet(0.226 acres), more or less, in the NW 1/4 of Section 26, Township 3 North, Range 68 West,of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the North 1/4 corner of Section 26, T. 3 N., R. 68 W., of the 6`" P.M.; Thence S. 89°06'04" W., along the north line of the NW % of Section 26, a distance of 1270.76 feet; Thence S. 0°05'56" E., a distance of 1319.93 feet; Thence S. 89°06'14" W., a distance of 1325.97 feet to the east right of way line of I-25 (September 2005); Thence N. 0°06'43" E., parallel to the west line of the NW '/4 of Section 26, a distance of 168.94 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 0°06'43" E., along the cast right of way line of I-25 (September 2005), a distance of 37.25 feet; 2. Thence N. 15°40'56" E., continuing along said east right of way line, a distance of 965.36 feet; 3. Thence N. 84°57'41" E., a distance of 10.69 feet; 4. Thence S. 15°40'56" W., a distance of 1005.03 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 9.852 square feet (0.226 acres), more or less. Basis of Bearing: All Bearing are based on a line connecting the NW corner of Section 26, T. 3 N., R. 68 W. of the 6`" P.M. (2" Alum Cap set 5" below surface of asphalt road, stamped S22 h S23 S27 S26, 1984, PLS 13446), and the N % corner of Section 26, T. 3 N., R. 68 W. of the 6 P.M. (2" Alum Cap set flush with the surface of asphalt road, in Range Box, stamped T3N, R68W, 6th PM,N '/, 526, 1994, 3LS 23500)as Bearing N.89°06'04"E. w,. 4i4 /. . eV! . r' la 1 4,I ? -1 a :.seg.•• ��F/]jl oh wo r tl For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS 16412 1420 2n° Street Greeley, CO 80631 1 11111111111 1111111111100 111111111111 1011111 IIII IIII NH-IRCX 025-3(109)Unit 6 3411085 08/1112006 09:57A Weld County, CO Parcel Number: AC-619 6 of 6 R 31.00 D 0.00 Steve Moreno Clerk 5 Recorder EXHIBIT"B" PROJECT NUMBER:NH-IRCX 025-3(109) Unit 6 PARCEL NUMBER: AC-619 PROJECT CODE: 91032 DATE: December 6, 2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF TILE GRANTOR to and from any part of the right of way of Colorado State Highway No.66, and from and to any part of the real property of the Grantor in the NW 1/4 of Section 26,Township 3 North, Range 68 West,of the Sixth Principal Meridian, in Weld County, Colorado, abutting along said highway, along or across the access line or lines described as follows: NH-IRCX 025-3(109) Unit 6 AC-619 Westerly Commencing at the North % corner of Section 26, T. 3 N., R. 68 W., of the 6'h P.M.; Thence S. 89°06'04" W., along the north line of the NW % of Section 26, a distance of 1270.76 feet; Thence S. 0°05'56" E., a distance of 140.23 feet to the TRUE POINT OF BEGINNING; 1. Thence S. 89°06'04" W.,parallel to the north line of the NW '/ of Section 26, a distance of 13.75 feet; 2. Thence N. 56°18'55" W., a distance of 61.66 feet; 3. Thence S. 89°06'04" W.,parallel to the north line of the NW '/, of Section 26, a distance of 270.26 feet; 4. Thence S. 78°15'35" W., a distance of 259.98 feet; 5. Thence S. 84°57'41" W., a distance of 463.75 feet, whence said North % corner bears N.60°15'54" E.,a distance of 368.14 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing: All Vearing are based on a line connecting the NW corner of Section 26, T. 3 N., R. 68 W. of the 6 P.M. (2" Alum Cap set 5" below surface of asphalt road, stamped S22 S23 527,S26, 1984, PLS 134 and44e N '/< corner of Section 26, T. 3 N., R. 68 W. of the 6 h P.M. (2",Alum Cap set ww'i�tth� '4 cjace of asphalt road, in Range Box, stamped T3N, R68 ,6'h PM,N /A, S2 *IN fOrjd'tiys Bearing N.89°06'04"E. sai2la b ° s O; p For and on Behalf of th� 14, w t;S:30' Colorado Department of O%Y./ David G. Mantych, PLS 16 -e 1420 2nd Street Greeley, CO 80631 1111111 1111111 11111111111 11111 111111111111111111111111111111111111111111111III 11111 11111111 3411 C0 NH-IRCX 025-3(109)Unit 6 6 of 06 R 31.0020D60.O9:Steve A Morenld a Clerk& Recorder Parcel Number: AC-6 I 9A EXHIBIT"B" PROJECT NUMBER: NH-IRCX 025-3(109) Unit 6 PARCEL NUMBER: AC-6I9A PROJECT CODE: 91032 DATE: December 6, 2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No.25, and from and to any part of the real property of the Grantor in the NW 1/4 of Section 26, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County,Colorado, abutting along said highway, along or across the access line or lines described as follows: NH-IRCX 025-3(109) Unit 6 AC-619A Westerly Commencing at the North % corner of Section 26, T. 3 N., R. 68 W., of the 6'h P.M.; Thence S. 89°06'04" W., along the north line of the NW ' of Section 26, a distance of 1270.76 feet; Thence S. 0°05'56" E., along the west line of Lot "A", Recorded Exemption No. 1207-26-2- RE123, a distance of 1319.93 feet; Thence S. 89°06'14" W., a distance of 1325.97 feet to the east right of way line of 1-25 (September 2005); to the TRUE POINT OF BEGINNING; 1. Thence N. 0°06'43" E., parallel to the west line of the NW ''/ of Section 26, a distance of 168.94 feet; 2. Thence N. 15°40'56"E., a distance of 1005.03 feet, whence said North '/ corner bears N. 60°15'54" E., a distance of 368.14 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing: All Bearing are based on a line connecting the NW corner of Section 26, T. 3 N., R. 68 W. of the 6th P.M. (2" Alum Cap set 5" below surface of asphalt road, stamped S2 n S23 S27 S26, 1984, PLS 13446),,�.�a�nd4laeyN % corner of Section 26, T. 3 N., R. 68 W. of the 6 P.M. 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