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HomeMy WebLinkAbout770457.tiff .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Jc_t JUN 14 1977 Ci BOOK Recorded at._.../_/ o'clock.. M., r�, O p J���QA MARY ANN FM TIN Recorder. ' p®0 Reception No... ....,.... .. ..... 4 �Y , THIS DEED, Made this 5th day of May , 19 77 ibetween Larry Stevens and Myrna Stevens, husband and wife , 3901 W. Service Road, Evans, Colorado of the County of Weld, and the State of Colorado and Lloyd C3, Whitledge and Pauline Whitledge, husband and wife, P. O. Box 2054, Mills, Wyoming of the c , County of Natrona and State of Wyoming of the first part, and c7 The County of Weld, a body corporate and politic `'i0.1 of the County of Weld and State of e— `-I Colorado,of the second part: rh WITNESSETH, That the said part of the first part,for and in consideration of the sum of vi TEN AND NO/100 DOLLARS N to the said part ies of the first part in hand paid by said part y of the second part, the receipt whereof is ri hereby confessed and acknowledged, have granted, bargained,sold and conveyed,and by these presents do a grant, bargain, sell, convey and confirm, unto the said part y of the second part, its heirs and assigns for- `' ever, all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado, to wit: Lot Four (4) , in Block Two (2) , Burger and Fry's Subdivision, being a subdivision .•-1 of a part of Lot Four (4) of the Southeast Quarter of the Northeast Quarter of Section Five (5) , Township Five (5) , North, Range Sixty-five (65) West of the Sixth Principal Meridian, according to the subdivision of lands by the Union Colony of Colorado, Weld County, Colorado. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said part y of the second part, its heirs and assigns forever. And the said part ies of the first part, for them sel vestheh rs, executors, and administrators, do covenant, grant,bargain,and agree to and with the said part Y of the second part, its heirs and assigns, that at the time of the ensealing and delivery of these presents, are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or naturesoever. Subject to easements, rights of way, restrictions and reservations as now established of record and 1977 taxes payable in 1978. and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part have hereunto set theirhand s and seal 5 the day and year first above written. /°..,5-.1°'')•L5`tO r (SEAL';; , ,Lar Stevens ;311 ;. i St ens • `-)'•c- ' 4 STATE OF COLORADO, L hitledg , • ,F ss. �i ,.� . -(S i County of Pauline W itledge 2:/ ``ON‘‘ The foregoing instrument was acknowledged before me this X5-997/- day of /4 ',,,,,,,,,,,,,,o 1911 ,by Larry & Myrna Stevens, husband & wife & Lloyd & Pauline Whitledge, husband & wife My commission expires , 19 .Witness my hand and official seal. / `I e / > My Commission expires April 22, 1980 Notary Public. No.932. WARRANTY DEED.—For Photographic Record.—Bradford Publishing Co.,1824-46 Stout Sweet,Denver,Colorado 5-76 7 70 457 N. 3 w . � . , , ? - a j C:1 O. ] ' \ ! / as / / () / o ; m r k \I".'' ? / $ , > 2Is ra y� $ — i / � 9 \ ] / 8j — \ ' \ \ ] { �_ \ z / • / k m - % ® » a d u ` ® 0 tPTA o q \ ` \ k � � , / \/ _ a / . ~ } 1 . ` : / 11 ) A4 ;0. DIVISION OF INSURANCE 0 DEPARTMENT OF REGULATORY AGENCIES N\�@AT�i 1O6 STATE OFFICE BUILDING • 2O1 E.COLFAX AVE. \RS DENVER.COLORADO 8O2O3 STATE OF COLORADO RICHARD D. LAMMGovorrom -/ Ce IC ee RDCBARNES.C.L.U. May 1, 1977 ROBERT L.BROWN J DEPUTE COMMISSIONER Dear Real Estate Purchaser: Following this letter you will find a brief explanation of your title insurance commitment and policy. Title insurance companies are regulated by this Division, as are other types of insurance companies. This Division makes certain that com- panies issuing title insurance commitments and title insurance policies are financially sound, and that they operate in accordance with statutes and regulations. We also have a great interest in making certain that you, as the consumer, understand the purpose of title insurance and that you understand your rights under your insurance policy. In the event you are dissatisfied with responses given to your ques- tions or problems by your title insurance company, you are encouraged to send your questions concerning title insurance or any complaints that you may have against your title insurer to this office. We are on hand to make certain that all your rights and remedies, both under your policy and under law, are available to you at all times. Sincerely,eporCHARD BARNES, L.L.U. Commissioner of Insurance JRB:bl As a purchaser of a home or other real estate you may receive a"Commitment for Title Insurance"and a"Policy of Title Insurance"Both of these documents, like many others in connection with your purchase,are contracts creating legal rights which you should read carefully and which you may wish to have examined and explained by a lawyer or other adviser.While the following description of these documents cannot change the precise terms of these documents, it is hoped that this will help you to understand their purpose and effect and answer some of your questions about them. QUESTION:"WHAT IS TITLE INSURANCE?" ANSWER: Basically, it is a contract with the title insurance company in which the company agrees to defend and indemnify you against losses which you may suffer because of unreported defects in the title to your property as of the date of the contract. It is not casualty insurance and, therefore, does not protect you against acts of theft or damage to your home by fire, storm and the like. Essentially, the insurance insures that you have title to the property subject only to certain exceptions and exclusions listed in the Policy of Title Insurance. Title insurance recognizes the possibility of loss, but transfers the risk of loss from you as property owner to the company issuing the policy. For this reason title insurance companies are required to maintain reserves to cover losses. If you are financing your purchase,your lender will ordinarily require that you obtain a separate Lender's Policy to insure that your property will in fact serve as security for its loan. QUESTION:"WHAT DOES THE PREMIUM PAY FOR?" ANSWER:The one time, non-recurring premium pays for several things. It helps to pay for the cost of collecting, maintaining,searching and examining real estate records and certain other public records which relate to your property so that the title insurance company can determine the insurability of your title. For example,the title insurance company will determine whether the public records show that your seller really owns the property, what mortgages or liens(a recorded legal claim) may exist, whether there are restrictive covenants on your CONTINUED ON REVERSE property or easements which allow persons to cross your property or to place utilities across your property.The premium also serves to finance certain legal costs which may arise if your title is challenged. Additionally, payment of the premium requires the title insurance company to indemnify you for any losses you suffer as a result of the title company's failure to fulfill its contractual obligations under your title policy. QUESTION:"WHAT IS A COMMITMENT FOR TITLE INSURANCE?" ANSWER: A Commitment for Title Insurance is a standardized preliminary document authorized by the Commissioner of Insurance indicating that a title insurance company will issue a title insurance policy to you after certain steps have been taken, such as the payment of an outstanding mortgage or lien and the issuance of a deed to you. These steps are set out in the commitment as "requirements" in Schedule B—Section 1. In Schedule B—Section 2 "Exceptions"the commitment also summarizes certain existing limitations on the use of your property,the defects in your title and liens against your property.Your policy will not protect you against these matters.You will note that some of these limitations and defects may still exist even after all of the requirements of the commitment have been met.These other matters are usually such things as restrictive covenants or easements for utilities and the like.You should carefully read both the"requirements"and the exceptions to title stated in the commitment so that you may raise objections if there are matters affecting the title to which you did not agree when you signed the contract to purchase your property. Some of the "exceptions" are standard and will not normally be covered by your title policy.The first standard exception is any claim by parties in possession of the property which is not shown by the public records.This means,for example,that someone may have been living on the property for a long period of time and may claim that they own the property, even though they do not have a recorded deed;or may claim that they are somehow otherwise entitled to be on the property.The title insurance company could not learn of such a claim by examining the public real estate records.You should inspect the property to make sure that anyone living there will respect your ownership. Exception 2 of Schedule B similarly may mean that someone has used a portion of the property long enough to claim an easement,even though there is no instrument of record giving that person the authority to do so. Exception 3 of the standard commitment in essence says that the title insurance policy will not insure against problems concerning the exact boundary lines of the property you are purchasing, which means that you should make certain that there are no fences or other encroachments on your property, particularly if you do not have a survey.Again,a title insurance company cannot determine whether such problems exist on your property because employees of the title insurance company will not inspect the property unless they are specially requested and paid to do so. Exception 4 excludes liens which may be filed against your property by someone who may have done work on the property and who has not been paid.The title insurance company does not have any way of determining whether such claims may exist in the absence of some recorded document.You may wish to verify that no such unsatisfied claims exist. The fifth standard exception is for matters which may arise following the issuance of the commitment and before you complete your purchase. Many companies also exclude taxes and special assessments which may be imposed against your property which are not recorded in the public records,or the amount of which has not yet been determined. If you are purchasing a single family residence, you may wish to check to see if you are entitled to obtain endorsement Form No. 130 which removes several of the standard exceptions and will give you insurance for some of those matters. You will see that the commitment shows the amount of title insurance to be issued, together with the amount of the premium charge. Your seller should check with his broker and with the title insurance company issuing the commitment to make certain that he has paid the lowest premium to which he is entitled. For instance, if there has been a title insurance policy issued to your seller within the last two years, he may be entitled to receive some credit for the prior premium against the amount of premium which he will now pay. QUESTION:"WHAT IS THE POLICY OF TITLE INSURANCE?" ANSWER:The Policy of Title Insurance is a document which will be issued to you after your purchase transaction is concluded. It,too, is a standardized document,the printed portions of which have been approved by the Commissioner of Insurance. Schedule A of your policy will set forth,among other matters,the amount of insurance coverage,your name as the insured,your interest in the property,such as actual ownership or a leasehold interest,and the legal description of the property. Your title insurance policy, as any other insurance policy, has exceptions from coverage.These will be set forth in Schedule B of your policy and in the Schedule of Exclusions from Coverage.Matters which may limit coverage will be set forth in the"Conditions and Stipulations" section of the policy. In Schedule B of the policy,you will find those items against which the title insurance company does not,or cannot,insure.Many of these will be the same as the exceptions set out in Schedule B of the Title Commitment. The Schedule of Exclusions from Coverage excludes matters such as zoning ordinances which regulate how the property may be used, rights which may be possessed by a governmental body and which might be exercised against the property,and any defects of which you may be aware but have not informed the title insurance company. You may desire to investigate the status of these matters before you complete your purchase. Also excluded are defects or encumbrances which may be placed upon the property subsequent to the date of the policy. You should remember that a title policy is not a promise of indemnity against some defect or claim against your title which may be created in the future. It does protect you against loss or damage existing from defects in the title to real property existing prior to and as of the date of the policy even though they may not be discovered until some future date. The language concerning Conditions and Stipulations under which the title insurance company issues its policy contains an explanation of the terms of the policy, and also deals with how you should notify the title insurance company in the event you may believe that you may have a claim under the policy. If someone should assert that they have a right to use your property or that they own part of it,and you cannot find that right set forth in your policy as an exception or an exclusion,you must notify the title insurance company in writing of the situation. The address for this notification will normally appear in your policy. Prompt notification will enable you and the company to deal with the matter or problem that you raise,if it is covered by the policy,so that the dispute may be resolved in as timely a manner as possible. You should know that if the problem is covered by your title insurance policy, a title insurance company must usually bear the costs of litigation, either to defend your title in the event of an adverse claim against it, or sometimes to bring affirmative legal action to clear up the problem. In so doing,the title insurance company retains the right of settling the claim or pursuing the matter through the courts,if it believes that the rights asserted by a third party against your property are not legally justified. If the title insurance company takes the position that the matter which you raise is not covered by the terms of the title insurance policy, it must so notify you as soon as reasonably possible after you present your claim. QUESTION: "WHAT IF I STILL HAVE FURTHER QUESTIONS ABOUT THE COMMITMENT FOR TITLE INSURANCE OR POLICY OF TITLE INSURANCE?" ANSWER: You should certainly ask them of your attorney, the seller,the lender or the title insurance company. If you do not receive a satisfactory answer to your questions,you may contact the office of the Colorado Commissioner of Insurance,J.Richard Barnes,Commissioner, Department of Regulatory Agencies, 106 State Office Building,Denver,Colorado 80203. Form No.C-142.13 Policy of Title Insurance Issued by Transamerica Title Insurance Company SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; III 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. • Transamerica Title Insurance Company By President By 1 / Secretary •,I SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in The following terms when used in this policy mean: writing (i) in case any action or proceeding is begun or de- fense is interposed as set forth in (a) above, (ii) in case knowl- (a) "insured": the insured named in Schedule A, and, edge shall come to an insured hereunder of any claim of title subject to any rights or defenses the Company may have or interest which is adverse to the title to the estate or interest, against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for which of such insured by operation of law as distinguished from the Company may be liable by virtue of this policy, or (iii) if purchase including, but not limited to, heirs, distributees, title to the estate or interest, as insured, is rejected as un- devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be given to the corporate or fiduciary successors. Company, then as to such insured all liability of the Company (b) "insured claimant": an insured claiming loss or dam- shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, age hereunder. that failure to notify shall in no case prejudice the rights of any (c) "knowledge": actual knowledge, not constructive such insured under this policy unless the Company shall be knowledge or notice which may be imputed to an insured by preiudiced by such failure and then only to the extent of reason of any public records. such prejudice. (d) "land": the land described, specifically or by reference (c) The Company shall have the right at its own cost to in Schedule A, and improvements affixed thereto which by law institute and without undue delay prosecute any action or constitute real property; provided, however, the term "land" proceeding or to do any other act which in its opinion may be does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any necessary or desirable to establish the title to the estate or right, title, interest, estate or easement in abutting streets, interest as insured, and the Company may take any appro- roads, avenues, alleys, lanes, ways or waterways, but nothing priate action under the terms of this policy, whether or not herein shall modify or limit the extent to which a right of it shall be liable thereunder, and shall not thereby concede access to and from the land is insured by this policy. liability or waive any provision of this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or (d) Whenever the Company shall have brought any action other security instrument. or interposed a defense as required or permitted by the pro- (f) "public records": those records which by law impart visions of this policy. the Company may pursue any such constructive notice of matters relating to said land. litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action The coverage of this policy shall continue in force as of or proceeding, the insured hereunder shall secure to the Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense in such retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit the ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for chaser from such insured, or so long as such insured shall such purpose. Whenever requested by the Company, such have liability by reason of covenants of warranty made by insured shall give the Company all reasonable aid in any such such insured in any transfer or conveyance of such estate or action or proceeding,in effecting settlement,securing evidence, interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such action force in favor of any purchaser from such insured of either or proceeding, and the Company shall reimburse such insured said estate or interest or the indebtedness secured by a pur- for any expense so incurred. chase money mortgage given to such insured. 4. NOTICE OF LOSS— LIMITATION OF ACTION 3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF In addition to the notices required under paragraph 3 6 CLAIM TO BE GIVEN BY AN INSURED CLAIMANT p R p ( ) of these Conditions and Stipulations, a statement in writing (a) The Company, at its own cost and without undue of any loss or damage for which it is claimed the Company delay, shall provide for the defense of an insured in all litiga- is liable under this policy shall be furnished to the Company tion consisting of actions or proceedings commenced against within 90 days after such loss or damage shall have been de- such insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insured action to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been in said land. to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage an alleged defect, lien, encumbrance, or other matter insured shall terminate any liability of the Company under this policy against by this policy. as to such loss or damage. Continued on Front of Back Cover Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid shall The Company shall have the option to pay or otherwise be deemed a payment under this policy to said insured owner. settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more the amount of insurance under this policy together with any parcels which are not used as a single site, and a loss is estab- costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, the of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if ant and authorized by the Company. the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel 6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise (a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company and in no case exceed the least of: the insured at the time of the issuance of this policy and (i) the actual loss of the insured claimant; or shown by an express statement herein or by an endorsement (ii) the amount of insurance in Schedule A. attached hereto. (b) The Company will pay, in addition to any loss insured 11, SUBROGATION UPON PAYMENT OR SETTLEMENT against by this policy, all costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- (c) When liability has been definitely fixed in accordance dies which such insured claimant would have had against any with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies 7. LIMITATION OF LIABILITY against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to No claim shall arise or be maintained under this policy (a) if the Company, after having received notice of an alleged liti the name of such insurired claimantorem in any transaction payment or defect, lien or encumbrance insured against hereunder, by does not on involvingloss such insured remedies. If the litigation or otherwise, removes such defect, lien or encum- ha cover the to to such such htsn claimant,edi the Company pro- brance or establishes the title, as insured, within a reasonable shall be which said to rights and remedies in the time after receipt of such notice; (b) in the event of litigation Iportion said payment bears to the amount of said loss. until there has been a final determination by a court of com- such f loss should shall result otvoid from any act of he insuredclaimant,, inat petent jurisdiction, and disposition of all appeals therefrom, act b not this policy, but the Company, in that adverse to the title, as insured, as provided in paragraph 3 event, shall against reqheuired to which c only sh that part of any losses , hereof; or (c) for liability voluntarily assumed by an insured insuredany, lost he Company by shall exceed impairment thr amount, if e in settling any claim or suit without prior written consent of igh to the Company reason of the of the the Company. right of subrogation. 8. REDUCTION OF LIABILITY 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other All payments under this policy, except payments made for instruments, if any, attached hereto by the Company is the costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without entire policy and contract between the insured and the producing this policy for endorsement of such payment unless Company. the policy be lost or destroyed, in which case proof of such Any claim of loss or damage, whether or not based on loss or destruction shall be furnished to the satisfaction of negligence, and which arises out of the status of the title to the Company. the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions 9. LIABILITY NONCUMULATIVE and stipulations of this policy. No amendment of or endorsement to this policy can be It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hereto under this policy shall be reduced by any amount the Com- signed by either the President, a Vice President, the Secretary, pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized shown or referred to in Schedule B hereof which is a lien on signatory of the Company. the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this All notices required to be given the Company and any policy. The Company shall have the option to apply to the pay- statement in writing required to be furnished the Company ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Company, be payable hereunder to the insured owner of the estate or P. O. Box 605, Denver, Colorado 80201. i____ .__._____._..-______ _ ____ __-__---_ 0 O a$ >. o OW = O co E °" r a m n °a_ w °� °a< r m� °° " mg ENo `�2 a '^a _ _ cma_ .apn I. o V om°•' Y ca �o- a'�m" '�'0C' cmv°e ooa oon w,,,,mn '^m„' •°,0O_ Es o?,' O I eY V O iV coop ao2". a8°n Y °.00ri otu°e wi2;m Em°� „a'7,a c`:=e; -a°Co� �-"f ?m°r d as Y=-A • '_..-°n • a 2-°e • o°m°oa • d3: .`m. to, a'u°a Ya ;_Fm°_o Yi 6,3 'm ^' °n =123: O , Y`c0 ≥-U^ wviV YI.y6° - d^oo Jc- fo_ 6wounT._i dt8; r&3' m 3m TO I V 0 a . cm CU C 030 YAK - m m 0 i ° ZO C81• 5- m O pm ' A an �3 iim 00:,S22 c. m $° o. CO m— C r6 o A E F y u 3LL a▪s 2 in 9 F - W Ia r- I I V a) E C F- Q im O 03 0 co a. a U O E � H a i (� W E m.V C a E U CO d a a co cri H p I *+ cts r — L H I-- C � f . I I 9 I N m m w NW o. o, m vm m m w m w o an d m mo r ... it To as E m dA c do o.dm gq�_ c mo ? "">_e ; d� ; m^ c s° dm n �m ' Uw Nm^ O O ` m�0 mm� Qc ° "o' 4mm'm OYEc I cs O LL >`oo m m w w Eo m 6coM m Y m•y0 LLy-'e ymao m — cim' 41 17, acuo'' d or o%ol ;I 7,5,0 YW.-w I V OEUm • aa2" e E .°m • .7.. O n m • 0.um'b p, cv d "w wrm • waatoi d d W =°v,° I I ' - I ov" • 2202 • Oc WEm • O mmm • O z6...`2, • Op mF,mm-, o' w mf ..� ._ mw om - .-cm �Y_f° Y i w „ o." —cm c - ws=„ o a a � c C c� wQ w "m WUco �2 900 p3Wo w L CaSo (a O3,2 w3Y USE Ua" `pm co— ammo Imo Jae Ko.A wwmm 0 m 2 om o c �n c '- °_ m= m A¢ mt m r mo u) mii G �uV d o d Fa . ° V° .0 o— z a ea° F' 0 = co <'° I m Wi t. to U f w mN L xN L H m ° p Of m O z m 3 I , FORM NO. C-5000-1 FOR USE WITH COLORADO REGION AMERICAN LAND TITt.E ASS(-CIATION OWNER'S POLICY-FORM B- 1970 (AMENDED 10-17-70) SCHEDULE A Amount of Insurance S 2, 500. 00 Policy No. 25009094 Date of Policy June 15, 1977 Sheet 1 of—3 8 : 00 A.M. 1. Name of Insured: WELD COUNTY, a body corporate and politic of the State of Colorado 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: WELD COUNTY, a body corporate and politic of the State of Colorado FORM NO. C-6000-2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17.70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE.ASSOCIATION OWNER'S POLICY-FORM 8-1970 (AMENDED 10-17-70) SCHEDULE A—Continued The land referred to in this policy is situated in the State of Colorado, County of Weld , and is described as follows: Lot 4 , in Block 2, BURGER and FRY' S SUBDIVISION, WELD COUNTY, COLORADO. FORM NO. C-6000-3 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 0-1970 (AMENDED 10.17-70) • SCHEDULE B • This Policy does not insure against loss or damage by reason of the following: I. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements,not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a cor- rect survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service,or for any other special taxing district. The 1976 General taxes paid, accord— ing to tax certificate dated March 9 , 1977 . c> • BppK D CD II SOORecorded at i.I----------- o'clock M..._- .N 14 1977 Rec. No. 1�21 �3. Mary Mn Fauentein, Recorder f`1/8 e1 INDEMNIFICATION AGREEMENT C'. tID WHEREAS, Lloyd Whitledge (Whitledge) and Larry Stevens (Stevens) are OD Cat indebted to The Berthoud National Bank (Bank) ; and, WHEREAS, Whitledge and Stevens paid a portion of their indebtedness to the Bank; and, .-i WHEREAS, the Bank has obtained a judgement against Whitledge and •-1 Stevens which it wishes to release with respect to the following described parcel of land; ^y- NOW THEREFORE, the Bank releases any and all claims to, and/or =5 rights to enforce its judgement against Whitledge and Stevens which it might presently have, with respect to the following described parcel of land situated in the County of Weld and State of Colorado, to wit: Lot Four (4) , in Block Two (2) , Burger and Fry's Subdivision being a subdivision of a part of Lot Four (4) of the South- east Quarter of the Northeast Quarter (SEt NE$) of Section Five (5) , Township Five (5) North, Range Sixty-five (65) West of the Sixth P.M. , according to the subdivision of lands by the Union Colony of Colorado. Dated this 10th day of June, 1977. RALEIGH . ALFO Vice P sident The Berthoud National Bank State of Colorado) ss. County of Lorimer) The foregoing instrument was acknowledged before me this 10th day of June, 1977 by Raleigh N. Alford, Vice President, The Berthoud National Bank. My commission expires August 28, 1980. Witness my hand and official seal.'lo• A 'r f Notary ublic • .; I ' M l CC U Cl oo • f o 1W a M ? 5.-= O V�\^['Vr r- N Z 4 7 rsi — ~ O r O a >- u 4K O r K U O -, v Y W O v r � '�. O LL r O r p O Q �- m 1 ; J� -U I . Z W VV))WUJ Q, a W V) O '�' Q a m NN J I Filed for word the _.....day of A. 1). 19 at ... o'clock...._. Ul . Oki', R S i 3 _.. �� I Reception Sn... ._._._. A)' DF;P1..1Y..� I i r li '' KNOW ALL MEN BY THESE PRESENTS, That, Whereas, LARRY STEVENS !! �I of the County of Weld , in the State of Colorado, by II DEED OF TRUST dated the 20th day of August , A. D. 19 76 , 1 I and duly recorded in the office of the County Clerk and Recorder of the II ; County of Weld , in the State of Colorado, on the 23rd day of August , III A. D. 19 76 , in book 775 at page (Film No. Reception No.1696828 ) of the records, in said office, conveyed to the Public Trustee in said County of weld , certain real estate in said Deed of Trust described, in trust to secure the payment of the indebtedness mentioned therein. AND, WHEREAS, Said indebtedness has been paid and the purposes of said trust have been fully satisfied; I NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed of Trust, and in consideration of the premises, and in further consideration of the sum of Three Dol- II tars, to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of , do hereby remise, !' release and unit-claim unto the present owner or owners of said real estate and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which I have under and by virtue of said Deed of Trust in and to the said real estate in said Deed of Trust particularly described, reference to n hich is hereby made for greater t ertainty. I, '1'O ILAvl•: AND TO HOLD THE SAME, Together with all and singular the priviieges and appur- tenanees thereunto belonging forever. AND FURTHHEli, Chet the said Trust Deed is, by these presents. to 9 be considered as fully and absolutely released, cancelled and forever discharged. I, ' WI'L'N RSS my hand and seal, this day of , A. D. 19 ii (SEA L) As the Public Trustee in said County of By I STATE OF COLORADO, 1 L. II County of f i' The foregoing instrument was acknowledged before me this F II day of , A. D. 19 , by ii as the Public Trustee in said County of ,I I , Colorado. Witness my hand and Official Seal. it , My commission expires I. i II Notary Public. Li iTo the Public Trustee in said County of Weld Colorado: IPlease execute this release, the indebtedness secured by the above mentioned Deed of Trust having II been fully paid. I I, `i24.2 - _d ,,,65:,,,,44,,, THE BERTHOUD NATIONAL BANK The 1 ol r of the indebtedness seen d by said Deed et Trost rye` 'C G"3" 77 B` � a !fi alei N. ford, ce President t`oRM 368 niv tell RELEASE OF DEED OF TRUST elY THE PUBLIC TRUSTER—THE C F HOEEaEL CO OEN+)ER a 7019 I �` N w.rw ., . a L9 vt,..,_ "s '`_ ...,- - ,r~ ,_-+......,__.. - ji t r l x j. ' . • . v. / )1 di L „...... ,, •.......".....,..........., ,. tX t `.r(y`•�(1i .r- x.0.0 /..m.' '1):".....P4‘...." ~vs� �1 �` `'4. � -... 1 �i ` ' , s1, " ...„4::" t Lam. .r/ .`, .L. - I /.. ....' .-� r `Y �r ,N 1 f„ 4.........!..„•:, • 1 Y /r..[ �f..•, ..r• •-..••w++..�.vr..r �� .w+.r...rrAc.�.wr.,vw.r��'.►L'J�...r�i•w fir._r...�,. .._.....»....r.r�1'�r...r.�r • GREELEY CIVIC CENTER Department of Urban Renewal GREELEY. COLORADO 6063( 718 15th Street PHONE 4303) 383.6123 Greeley, CO 80631 June 6, 1977 Mr. Raleigh Alford • Berthoud National Bank P. 0. Box 460 Berthoud, CO 80513 Dear Mr. Alford: Enclosed is a check for $319.62 which represents the balance of the funds from the Stevens and Whitledge property to be applied towards the judge- ment on this property. As you will note, it has not been endorsed by Mr. Stevens. Mr. Stevens asked that I forward the check to you and he will come in your office to endorse it. Thank you for a copy of the Indemnification Agreement. I have given this to the County's attorney, Russ Anson, and he should have an answer for us by the end of this week. Again, thank you for all your help on this matter. I will be in contact with you by the first part of next week. Sincerely, Marianne LeClair Acquisition/Relocation Officer "A COMMUNITY OF PROGRESS" NV id County P :HASE ORDER AND VOUCHER I73543 '' tlI '� REFER TO THIS NUMBER P.O.BOX 758 GREELEY,COLO. 80631 ON INVOICES AND IN PHONE(303) 353-2212 CORESPONDENCE. ALL TRANSPORTATION CHARGES MUST BE PREPAID VENDOR NAME AND ADDRESS SHIP TO NO. Burt; Du • National Bank `tipl' _, _ ,.C.yy- G1-,.;,rinn CrGUi.ery -OD 904 21- ATE WARRANT NO. SHIP INSTRUCTIONS DEPARTMENT rls 25, 1977 -Payment fron movies of percozaax pr.operty f- ate —_.__.—_._..._.__. $ 319.6.2. _aots):Firi'Cfa.._j35oAPr-nT¢—r-P.- lizaner and. -Fa"-. TOTAL AMOUNT .1.ty ;' .nr'eeiey-Depaittenv of urban Renewal. ^ Di Gctor Jt.l ull` l . _Rik 1:5 I A. IUI1N* Approved by ❑ Budget Officer O--Authorized Signature f9€;; And so ordered by Board-6f Weld County Commissioners. HAIRMAN INITAL INITAL TTEST: COUNTY CLERK AND RECORDER VENDOR COPY a' a A .. Y' �, , BNB 1 PAW gx -. •"aunit I'Mir AL%BANK BERTHOUD, COLORADO RALEIGH L.ALFORD VICE PRESIDENT June 2, 1977 Marianne LeClair Acquisition/Relocation Officer Department of Urban Renewal 718 15th St. Greeley, Colorado 80631 Dear Ms. LeClair Enclosed is a copy of the Indemnification Agreement that our legal counsel has prepared which will pertain to the Judgment held by The Berthoud National Bank agairst Mr. Lloyd Whitledge and Mr. Larry Stevens. The reason we need to use the Indemnification Agreement rather than the Satisfaction of Judgment is that the Judgment has not been satisfied and this appears to be the only way to release the subject property from the lien. Please advise if this is not satisfactory. We should be able to release the Deed of Trust in the next few days at which time we will negotiate your check for the $2,500.00. Sincerely yours, -A1:76 rin Ralei N. Alford Vice President RNA:bw Enc. 1 • INDEMNIFICATION AGREEMENT WHEREAS, Lloyd Whitledge (Whitledge) and Larry Stevens (Stevens) are ' indebted to The Berthoud National Bank (Bank) ; and, tl ,! WHEREAS, Whitledge and Stevens paid a portion of their indebtedness to the Bank; and, WHEREAS, the Bank has obtained a judgement against Whitledge and Stevens which it wishes to release with respect to the following described I parcel of land; NOW THEREFORE, the Bank releases any and all claims to, and/or rights to enforce its judgement against Whitledge and Stevens which it might presently have, with respect to the following described parcel of land situated in the County of Weld and State of Colorado, to wit: Lot Four(4), In Block Two(2), Burger and Fry's Subdivision being a subdivision of a part of Lot Four(4) of the South- east Quarter of the Northeast Quarter (SEt NEB of Section Five(5), Township Five(5) North, Range Sixty-five(65) West of the Sixth P.M., according to the subdivision of lands by the Union Colony of Colorado. Dated this day of May, 1977. RALEIGH ALFORD Vice President, Berthoud National Bank • • I ' • • • _ :t•'-- � /•' r __*i,,�.r �1 - •,,�.,w„ -_r.."...7,7,7.-...:.7.7.7_7��.._../•/ Ci: -'� .w ••• v r. ... , • • In to. ' • m ` CS w ." e 1 1i! L" r '. \. ti �.1 u c :C Ifirt 9 �..4 .^ u 1 ++ ryx4 iv !� O' ..� 4.4 J .' 1 II iw U C� �" ♦y S ..X y' I . ^• G: r• `I i i it 01 'D''"' >4 ter.✓..�• W 4 - �.:, ti ▪ 1 j i, ;wa c.l Iv. ..j CQ ....3 -4 J y.r r.' M I-. S •w' . �l. n� Q •� •r E l it O , j I �J a a, O •f,,, (�� fi) :l ..S 4.1 ,w 1 �I •u r„y F^I ,I1 yl O (C, wit MI•• Vi V .. r• • • "Z rr! • I I I! 47 :J G2 .4 — - }? `r 4; `t. • 74 N. :.i ; I .I I' r r;'4, 0 .5' g@ ' M .•••b tom: 1 r {I '/', �yy.,i --.4 :0 ;� +6, - , 'V 6, .` r ; r'.`. O ti w F .I to . • • C) u ri;. 2 •: rz :r { , _ v I _ , '-.11▪ r, • 1_. ♦. • I •fin: I . • 1;+ i • �y, r i 1111!+ I :•;:: 0 I en . ` n� •�. r •�, • i 1 r ., '� '▪ ' s•r = C I e' O f •• \J.. C _ G ._T ri, ro • 4.x<. ,�, 1 -.! 1 i-i N 1 tr . • ` � Irr 1 \ . 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I ...S / i:i GREELEY URBAN RENEWAL AUTDRITY CONTRACT OF PURCHASE The GREELEY URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado, hereinafter called the „Authority" agrees to purchase and Larry & Myrna Stevens, husband & wife & Loyd & Pauline Whitledge, husband & wile hereinafter called "Owner" or "Owner-Occupant, agrees to sell the following described real property situated in the City of Greeley, County of Weld, State of Colorado: Lot Four (4) , in Block Two (2) , Burger and Fry's Subdivision, being a sub- division of a part of Lot Four (4) of the Soutr,east Quarter of the North- east Quarter of 'Section Five (5) , Township Five (5) , North, Range Sixty-five (05) West of the Sixth Principal Meridian, accgrding to the subdivision of lands by the• Union Colony of Colorado, Weld CoN1nty, Colorado. together with all fixtures and appurtenances, including, but not limdted to, all cooling, heating, lighting, plumbing and ajr conditioning equipment, and fixtures located thereon or in, and all shelvirig and partitions attached to the real estate, unless specifically excepted �ierein, Parcel No. upon the following terms and conditions: 1. The total purchase price to be paid b)l the Authority for said property, including all improvements and fixtures locate1 thereon, shah be the sum of TWO THOUSAND FIVE HUNDRED AND NO/100 Dollars ($ 2,500.00 ) , less the adjustments thereto,. Voreinafter specifically set forth. 2. The Owner agrees to deliver to the Authority within five (5) days from the date of this Contract, evidence of title in the form of a title insurance policy or an abstract of title not certified t{I, date. Thereupon, the Authority shall order a Commitment for Title Insurance Pf icy to be issued by a title insurance company selected by the Authority. j;n the event the commitment for title insurance does not show• that Owner has a good and merchantable fee simple title to said premises or shows outstanding lions against or encumbrances upon the property, or in the event said commitment 9r other investigation shows rights of parties in possession other than those listud in Paragraph 8 hereof, the Authority may, at its option, satisfy such liens or encumbrances, or acquire the rights to possession, and subtract from thu amount to be paid to the Owner the amount of any consideration paid on accounn: thereof. If Owner is unable to show merchantabe title in himself, Owner shall, at the option of the Authority, convey to the authority such title as he has , and the purchase price shall be abated in an amount equal to the cost to the Authority of whatever curative action is deemei; by the Authority to be necessary. 3. On or before May 9, 1977 , Owner agrees to execute and deliver to the Authority a good and sufficient General Warranty Deed conveying the property free and clear of all liens and encumbrances, except existing rights-of-way, easements , reservations, liens of the Northerniolorado Water Conservancy districts, and liens of the current years'• taxes. Upon delivery of said Deed, the Authority agrees to deliver or mail a check payable to Owner in the amount of the purchase price for said property, less lien encumbrances , unpaid taxes, pro-rate4 rents, and water rents , when the title company has notified the Authority that 'Cts requirements have been satisfied, and that no intervening instruments affecting title to said property appear of record subsequent to date of title commitment gnd prior to recording of Deed from Owner to the Authority. General property taxes for 1977 (base] on amount of the previous year's taxes or as assessed) , rents , water rents, and currect assessments, if any, shall be apportioned to the date of vesting title in the Authority or the effective date of possession of such real property by the Authority, whichever is earlier. All special improvement taxes which ae a lien against said property as of the date of delivery of said Deed shall bri paid by the Owner. 4. When rents have been collected by -the Owner for a period after the • date of vesting title in the Authority or the effective date'of possession of such real property by the Authority, whichever is eaa;lien, such pro—rated rent shall be paid to the Authority or deducted from the prchase price at final settlement. 5 . Loss or damage to the property from any cause including fire, vandalism, or casualty, from November 17, 1973 , the date of the Authority's appraisal until the Deed from the Owner to the Authority hes been recorded, shall be at the risk of the Owner. 6. Possession of said property shall be dElivered to the Authority simul— taneously with delivery of the Deed. The Owner shall deliver possession free end clear of all possessory rights of all parti{;,s , and shall vacate said premises on or before the closing date, provide4 that if the Owner or tenant enters into a new lease with Greeley Urban Renewal Authority, such owner or tenant may continue in possession in accordance with the terms of said lease. 7. It is agreed that time is of the essene, and all covenants and a;;reemonta herein contained shall be binding upon and shai;], inure to the benefit of the hairs, executors, administrators, personal repr9sentatives, successors, and . assigns of the parties. 8. Owner represents that the undersigned ,ire the sole owners of the fee simple title to said premises and that no parts of said premises are occupied by tenants or others except as listed on the at ached Exhibit A who occupy as tenants for terms expiring as shown in Exhibit , . The Owner agrees' to allow a representai;ive of the Authority to inspect • the property and to determine the status of the parties in possession. 9. If the Owner by deed or otherwise is aable to convey good and merchan— table title free and clear of any interest, theft notwithstanding any provision hereof to the contrary, the Authority may, in lteu of completing the purchase of the property at any time prior to closing, proceed to acquire the property by condemnation. In that event, the Owner agre;.s that this Contract shall continue in full force and effect until the contlusion of the condemnation case. The Owner further agrees to enter into a writte;G stipulation to be filed in the court records, the terms of which shall be that the purchase price above stated is the fair market 'value of the subject property, inclusive of every interest therein. 10. When executed by the parties, this Agrement shall be specifically enforceable by any court of competent jurisdict;Fon. 11. This Contract shall fulfill the requir,rment in the Authority's Land Acquisition Policy Statement for notice to Ownet of the date upon which possession will be required by the Authority. The Owner acknowledges that he was not required to agree to a date less than 969 days after the date of execution of this Contract and' that, if •the date in Secti4pn 3 hereof is less than said period, that date is mutually agreed to. IN WITNESS,WHERE0F, the parties have hereunto subscribed their names this Y// day of /t/4/ , 194. . f jr 7 Y J � � F�l.c�� Llord Whitledge /' ) ���e /f -1Lya,�r�ry evens Al Alitit-tr1/42,_A Pauline Whitledge // Myr. Stevens (/ GREECE URB RENEWAL AUTHORITY ATTEST; BY , G!/(i'Uiti,' 1�rman - C. Ray Ki_ey � 'L ` / Chai siLy Secretalry -Lyle R. Mueller • Page Two Y • • ,. _ ir..w.r' - .. .... fir...- ._ ♦• �•; 1 ... L.. , ..... .Y. ..ti` • r-- t+ ..� ..w -'w.- • L ►..w fir.. w ..r '% % 4,._.___—.._ ....I.. .414.••••.•Y�--�. �.�..�.\�'+►Larlf/hir-r.•._...�. ...��.�_...ww�•Y.\ 1 i 1....�� • GREELEY CIVIC CENTER Department of Urban Renewal GREELEY, COLORADO 80631 718 15th Street PHONE t 30 353-6123 Greeley, CO 80631 May 11, 1977 Mr. Raleigh Alford Berthoud National Bank • P. 0. Box 460 Berthoud, CO 80513 Dear Mr. Alford: Enclosed is the check for $2,500, representing the acquisition price of the property owned by Mr. Larry Stevens and Mr. Lloyd Whitledge, legally described as Lot Four, Block Two, Burger and Fry's Subdivision, Weld County, Colorado. As per our conversation, please forward a Release of Deed of Trust releasing the Deed of Trust recorded August 23, 1976 in Book 775, Reception No. 1696828 and also a Certificate of Satisfaction on Case No. 1 76029407, District Court, Larimer County. In the next week or so I will also be sending you a check for $319.62 which will also apply to the above. If you could forward the papers to me prior to receiving this additional check, I would appreciate it, but if you prefer to have this money first, I will wait. If you need further information, please do not hesitate to contact me. Thank you for all your help in this matter. cerely, at:2 Mar'anne LeClair Acquisition/Relocation Officer Enclosure: 1 "A COMMUNITY OF PROGRESS" C' r Lr • rf _ n ••'. . • . •C' .. I •Via. r. �.� •.•.W• ,:, r.�1y C. . ...t•Q f'••• 7 • V.' �fi ' Li 1 LE a 1 Li a: ▪.. .. 0 Z ® O Z''N '. ...... .. •.. ... O O ro o W' O Q U „.- O WCW OO V t✓r C1 W ! V Q 0-1 It: .a [41 R.1 Ix OJ IC Jt U.Q �1 o rrt C cd O O L4 Cti- >x O :J __ "‹ H S.: r• H /Ii"• J � E• f r �.vl m /441777- li�t 7r-! w a 3 _74dY l p:xi ` v. Q pG 0 ` +{.:. �S r ! W C O �N .. . , Pi "RASE ORDER AND VOUCHER = I W - .d County.,,.. _ ` 354 2 ' a JIB I 'll��: ` REFER TO THIS NUMBER 7 � „y, f Irf JI P.O.BOX 758 GREEL .Y-;COLA. 80631 ON INVOICES AND IN An. t.lI r-r =- -' � PHONE (303) 3S3=22 2 CORESPONDENCE. ALL TRANSPORTATION CHARGES MUST BE PREPAID VENDOR NAME AND ADDRESS NO SHIP TO i.f2:X ,� -'Ce.ve.1S c Lloyd `a s !" __ ._ _._.. _ .___.�3-t^�:�dQ!B .&'1i1,.+3•.nGifhS3i1d Na+ri0nal, +;n).;i Count', UQszrz.aig roiss•^.,,r Bank ._. ....c_'eL:_ver hook to Thom Rims at t 1ar'2;"j I r ti:T t r^ `1_&. L ttrr I Denar en i :reeler co 8O631 DATE WARRANT NO. SHIP INSTRUCTIONS DEPARTMENT .� ;r..,...ri J.. 250 .1977 .. . QUANTITY UNIT invn E'un:' Ii.canisitism.of nrol erty located In _..B cgeF-Fs t_�._ ___ S? .'inn_no ___._._.__........._...............___ resolution.. _............._.-___......-..... .._. . ._..............---................--'"" �.�....r.. ._.....«.....�....�_...�..... W TOTAL AMOUNT •y City c.f ree..��ey epar tom.:a t: J"'' 'irban Renewal .,.cl:o IN I ANf)I:f)i)I NI111•IHI-I;' AMOUN r Approved by _ ❑ Budget Officer ❑ Authorized Signature -- L4_.Es:aq_ 1 `, •- 0.:i And so ordered by Board of Weld"County Commissioners. •_,•. - ;HAIRMAN INITAL INITAL ATTEST: COUNTY CLERK AND RECORDER M VENDOR COPY il 1 'I RECORDER'S STAMP II THIS DEED, Made this 12th day of April II I I 1977 ,between j l W. E. DOWNING II I II ii of the County of Weld and State of II Colorado,of the first part,and I LLOYD WHITLEDGE and LARRY STEVENS I of the County of Weld and State of Colorado, of the second part: !I Doc. Fe I WITNESSETH, that the said part of the first part, for and in consideration of the sum of I = none Ten and no/100 Dollars and other considerations DOLLARS, I to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do es I grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land,situate, lying and I 7,7 being in the County of Weld and State of Colorado,to wit: 0.2 Lot Four (4) , In Block Two (2) , Burger and Fry's Subdivision being a subdivision of a part of Lot Four (4) of the South— east Quarter of the Northeast Quarter (SE% NE'/,) of Section Five (5) , Township Five (5) North, Range Sixty—five (65) West of the Sixth P.M. , according to the subdivision of lands by i the Union Colony of Colorado 1 el CORRECTION DEED ONLY 21 0,2 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise 1-- r{ appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the i`- estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or ri equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said A parties of the second part, their heirs and assigns forever. And the said part y of the first part,for him O2 self , his heirs, executors, and administrators do es covenant,grant,bargain and agree to and with N ' the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres- N ents he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible O estate of inheritance, in law,in fee simple,'and ha s good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever. lu Q their and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. - IN WITNESS WHEREOF the said party of the first part ha S hereunto set his hand - and seal the day and year first above written. ,,.." o��o '�'�.,i Signed,Sealed and Delivered in the Presence of • ..�+ .. . ... ;. ��.�0.,� t /.,t. [SE ii1.r_ y .•41 tn1 )i 1'rA 12). j . - il ;,,,,.?i,'....:.•i& , _;:'_'t,.•• I "le,, ri`.'''!u„[S AL] STATE OF COLORADO }es. County of Weld The foregoing instrument was acknowledged before me this 12th day of April 19 77,by W. E. Downing My commission expires , 19 . Witness my hand and official seal. My Commission orpires April 22, 1200 . �--\) e I •' r r7 cl �/ .' f(CS, r 1 Neter, 1'O4f- No.921. WARRANTY DEED To Joint Tenants.'-Bradford Publishing Co..1824-44 Stout Street,Denver.Colorado (573-S011) -4'7" , . n , 1J J ' ' 1 ' „ Ni r CA . T jll Q y r- r �AAAy� ` o � ,^^ LI O 4\ f. � V � C Q � y 7. la J /. .] w c'.I.' am- o T 4 '''',V;"‘__,w �� I I M.•I E o II I I n il V C il O o o • • • • • • CO • rte. • a> rl 9 O • C] G V A .I NN• Y U L' y •w 0 V •y E. Qi a 3 d ° ° 0 •9 a G q I • " O o a . a• so' A b q ti w . b 00 1 Li) . i x _4 .C .G O .G. v V vt 1J U '.{ ..0 A 1 J O • CU O 1-• t0. a) cd w o W a> p. -4 U G A w a cis �. .9 ,ca�ro - CI{ rI� 111 1 it H .C O G a0 ' V.) : ❑ -. • d Ca w O .C a) 0 0 C o 1 � . -� WO w +' S. V 0 1 V N �' 7 i b W w WI b w .-I 7.. .x • G O 0 O +�.' Qi el p I O• -.. UQ ai y d O O N M to iiLL .z o 0 0 o kit' c> sn. U Y u. j v • 0 U c o c.„) c 6 n .4U U .0U -•i •0. . n l • cd o d ' row 8 'o d >. P al a0 ^O 0 • w N Y[' 'o '•�• Uj W G' �, "0 a)r0-1 5 w pNy�" >- O C; rr 0 Id al . O ^c03 >4 q m m.▪ •�' �.. O H Q r4 J .CO.+ N C a V P ..P H rx w ri PI al .O waate, • n •�' U G G a0i 'k N .a� p' m 0 N O o O O Z W U •O K -C . Fa H F H O lei a {' op a0i N • a 51;4."' • ..•. doh• ;.. o F . . a VD 9-I SCI .N . al '� w • 14 • ai Q ,. w'y" • a m k ro S ` * :•� re 0 • a v ro MI G '�1 • ...... � �• � • '.7 EL�' .•100.7 . . ' ..... .a 6 tiE939t © T T T 0 4 9176 I-11c1V Satisfaction of Judgment . . r .... .1 .,_ . .• , vs. . • I hereby certify that this instrument was . • filed for record this • day of....._..._APR 1-9..1976...--.... 19............. �j /4, rat-./-vs .---- ....------o'ciociyPd.._.M., and is duly . recorded in Book.. _ .... .....-- --- ------- ---- ------ of._.... _ . . . .. .. _. .. .County lb.cor<lA, on Pag...._ ._.../....__..... '.---� /� ,,4.: "*". 71, .-/ • -." , (3oIINTY FCORDER. 4...1g.;,..V.-e: A--k='—` -. DC .-OX_COLINIX-_CLERK f7 WHEN RECORDED RETURN TO . ) • Qom,{, .u-�•vro • ,67' ,e/ ,91,,441 AlA4)-tic /P-04-: . rim C.r.wocaIl co..'MEN ffdL/ 6 . April 25, 1977 Marianne LeClair Acquisition/Relocation Officer Greeley Urban Renewal Authority 718 15th Street Greeley, CO 80631 Dear Ms. LeClair: As per your request, I am submitting to you the amount of hours it has taken me to remove all my personal property from my property located in the Burger and Fry Subdivision. The items which I had to move included cars, furniture and old applicances which I had stored there and it took me around 14 hours to load and move these items. If you need any other information, please contact me. Sincerely, Larry Stevens l J (`h No. Date February 3, 1977 File To: File From: Marianne LeClair, Acquisition/Relocation Officer Subject: Hourly Rates for Self-Move for Businesses The following wage rate per hour has been established for any business self moves which total to under $500.00. If it is estimated that the move will be more than $500.00, the move will be put out for bids and awarded to the lowest bidder. As per recommendation by Eugene Gonzales of the HUD Regional Office, the following procedure was followed in establishing this rate. Local moving companies were contacted as to their charge for a van and two men to make a move. The rate for two men was used as any move involving furniture would take at least two men and in a self-move, the owner should paid thusly. The places contacted were: Lafferty Moving & Storage - $22.00/hour Weicker Moving & Storage - $24.00/hour Continental Moving & Storage - $22.50/hour These three rates average out to $22.83 per hour and this is the amount that will be used in a self-move. Prior to the move, the owner shall be asked to give an estimate of the amount of hours he feels it will take him to move his belongings. If his time estimate comes close to $500.00, it will be put out for bids and he will be given the option of letting the low bidder complete the move or doing it himself for the low bid, as per HUD regulations. This policy applies only to personal property, if the owner wishes to move real property, he will do so at his own expense. Form No-O-W-142 Transa Ericahilo Insurance Tnmpany Please address correspondence to 918 TENTH STREET, GREELEY, COLORADO 80631 (303)352-2283 CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. O = O ea c ea 0 o a 0 CO _ d_ o o ' a N aw - om C' U C Mme E '° moo _ _ `m °0 a°a ^omn _:14 om o- ..wn l- o =an 2,°`°° 0- soma �"on ° °L'o°°o ae mo^ n^° Nmh 0o_ pon m CO 0024 -0 13 Y'nan on-n. oi°..- .a _w - m =oo - n o°a, i . 0 °'o mo-o ' `WA .o> m °ig o„a' a - t7 „ 0. �d' 1Non O u:Earl�_ W°n o m'5 o-n o E �� `c -r .• nwm m-o'° _ Wm0e0 tr; W3u2 ua my -fmo dio ee So . if,=3: • 0 U eOV^ F °. 6WONn d U^ =taco¢ 3N"p D Sa tit= Cmm2 RA—s� —a3n iVn _ pi Ufa nanN. O[pom C,0n 3d' on,bre E n a o E I— u 3LL n in C '- w E O 4 is o CO C CD d a .12 C. al �, E _ �is ea C D d L in E c i = CO CA t, w o = c y C E -h o CO ell = In= ir H a m cc C C C m C O a O O O o O Y O m- N in 7 -'Q O Oill .O vl n C C h N 0 00 W etc a °O 6 g-c, 0. m0 0 c� O d�• 00_ G LiM� O ,.<O O- `v01- C_ ;O_ Q1 W :'o0 O m =0 O m °n O m ,Po ° m°'o O▪ '°m'� O Nmo O a =O .O N°,^ O 02— _ IA• 0 `g=0, •O O `> pa son E `9 d c-0 d mm ?m- O a„n t O E_w •E Nom E 2oN N o�:Er a = u^' a rr • O `o °N • O °rTA a _a'o a ° "« ~ W , oP .• Or o. 6 w c--d • Q yo„c O zp: • O Qa^ • .o cN 01 • O °>n • O a . 10 CO f o .,,° G 't •'-''_ ° v_ i3N G N9no iza U t ' 2 O °on 'OO gZo N ton C O E'+a V 0_ V _ m O Y_, Ol oa O 3.°- Q N ≥_ Ol m __ O Non 0 o ^R, r Oo ° d 0-0— N v t d 1 01— S K Y.. d 0 E d d "aV co 0 a ° O ad Q u O -O nN Z ;- I— co c = r a 9 s CO V E CO t CO n N 0 3 Z In E r 1 AMOUNT PREMIUM Greeley Urban Renewal OWNER '$ 2 , 500. 00 $ 75. 00 718 15th Street MORTGAGE $ $ Greeley, CO 80631 ADDITIONAL CHARGES $ COST OF TAX CERTIFICATE $ 5 00 L ATTN: Mary Ann SURVEY COSTS $ TOTALS $ 80 . 00 Your Reference CC's To: No. 25. 009 . 094 C Sheet 1 of COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions shown on the inside of the cover. Customer Contact: By a . Phone: AUTHORIZED SIGNATURE The effective date of this commitment is March 2nd , 19 7Z_at 7 : 45 A.M. At which time fee title was vested in: LLOYD WHITLEDGE and LARRY STEVENS, in joint tenancy SCHEDULE A 1. Policies to be issued: (A) Owners': WELD COUNTY, a body corporate and politic of the State of Colorado (B) Mortgagee's: Form No.C-112.1 Rev.7-1-76 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: Lot 4 , in Block 2, BURGER and FRY' S SUBDIVISION, WELD COUNTY, COLORADO. F„rn No.C-1422 SCHEDULE A—Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted,all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Redemption Certificate disposing of the following open tax sale: Sale on December 1, 1975, for general tax of 1974 , to Weld County, Certificate No. 188 . NOTE : Endorsement recorded September 9, 1976, in Book 776 as Reception No. 1698475 , Weld County Records. 'B. Evidence satisfactory to Transamerica Title Insurance Company, that Larry Stevens, one of the grantees on the Deed from W. E. V Downing to Lloyd Whitledge and Larry Stevens, recorded March 14, 1975 , in Book 734 as Reception No. 1655974 , Weld County Records , is not the same person as Larry H. Stevens, who acknowledged said Deed. �: � .., l /..�l.•J i' ,'1,.'lr C. Release by the Public Trustee of the Deed of Trust from: Larry Stevens to the Public Trustee of the County of Weld for the use of The Berthoud National Bank to secure $14 , 212 . 30 dated August 20 , 1976 recorded August 23, 1976, in Book 775 as Reception No. 1696828 , Weld County Records. ;! fl_, 144.. D. Certificate of satisfaction issued by the Clerk of the Court, of judgment in favor of The Greeley Finance Co. , against Larry Stevens in the amount of $1, 527 . 68 , plus court costs, entered on December 7 , 1970, in Civil Action No. 20634 , District Court, Weld County, trans- \\ cript of which was recorded April 9 , 1974, in Book 712 as Reception No. 1633837 , Weld County Records. ,'. OR: C✓� e �� tC_ 1. evidence satisfactory to Transamerica Title Insurance Company that 4 Larry Stevens, shown in this judgment is not the same person as 4 Larry Stevens, who now holds title. E. Certificate of satisfaction issued by the Clerk of the Court, of judgment in favor of The Berthoud National Bank, a Federal Banking Corp. , against Larry Stevens and Lloyd Whitledge, in the amount of $12 , 047 . 18 , plus court costs, entered on July 9 , 1976, as Case No. 1 76029407 , District Court, Larimer County, transcript of which was recorded October 15', 1976, in Book 779 as Reception No. 1701364 , Weld County Records. Form No.C-142.3 SCHEDULE 1r-Continued OR: evidence satisfactory to Transamerica Title Insurance Company that Larry Stevens and Lloyd Whitledge, shown in this judgment are not the same persons as Larry Stevens and Lloyd Whitledge, who now hold title. F. Deed from Lloyd Whitledge, Larry Stevens, and their spouses, with recital in body, signature and acknowledgment that grantors are husband and wife, to Weld County, a body corporate and politic of the State of Colorado. If either of the above grantors are not married, then a recital should be made in body, signature and acknowledgment that grantor is an unmarried man. Fncm No.C-113..5 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. Form No.C-142.4 Rev.4-18-75 REQUEST FOR TREASURERS CERTI;r!GA' ✓ U:^ .AAna _—_ iL . Title Co. Transamerica Order No. 09094 Date March 8 , 1977 Lloyd Whitledge & Larry Stever Seller Buyer Weld County Property Address 56784 Greeley Urban Renewal Schedule No. person Ordering l'' STATE OF COLORADO, Certificate of Taxes Due and Unredeemed Z ss. Tax Sales County of Weld DI, the undersigned, do hereby certify that the entire amount of taxes and assessments due upon the parcels of real estate Odescribed below, and all sales of the same for unpaid taxes or assessments shown by the books in my office,from which the U same may still be redeemed, with the amount required Jor redemption, are as noted herein: Year for Amount of Tax AMOUNT TO See or Twy. IP.mc�. pOWN OR CITY which luxes and Interest Due REDEEM O DESCRIPTION OF TRACT OR I.OT Rlk. -. - arc due L 4 2 J BRUGER 6 FRY W L4 __ --_ 1976 _71 44 Burger Try_ — flax Sale-Certificate 138 of the tax sale of 1975 for 1974 _ with the taxes of 1975 endorsed thereo ---r-40,06 ion £tgSa> e iA ocbd thru March 20 , 1977. C. Dated March 9 , , 19 7_7_ -. �. / --r is s e -.-r l t . ;•e_,.1-- C C,- LLL Treasurer of cid purity. Colorado CUSTOMER'S COPY 1, It .I. .. _.__.. _ . .. iid �Lj �'w' F47- _ r . �wY�. 3- 1 • i L_7. 1 .......,..,�,.,.......r,,.� r i , ♦ ,, .tlt ...0111") ~ i v" , ,rte•lllll���� `� y� g \ "JJ11 11� y�Uj� ���� {���dy ��,.�,.rw.,'-.w.L...a.cv�j,..I(��4j.yA�,i♦i►..��.:....M.�......�.�...r `:'\'I�,�M�.` 'GREELEY CMG CENTER , Department .of:urban Renewal GREELEY, COLORADO •'u. , F - • • • January 25, 1977 . Mr. Larry,,.Stevens mr. Lloyd Whitledge I Dear Messrs. Stevens and Whitledge: The County of Weld proposes to purchase the real property, legally des- , cribed on the attached summary, located at the Burger Fry Subdivision. The offer made is the proposed purchase price for the above referenced ` ' property for "fee simple title," that is, free and clear of any liens, taxes, or any other encumbrances which might otherwise cloud the title. The County of Weld's determination of just compensation for the real property to be acquired is based on its inspection of the property and its consideration of two appraisals of the property made independently by competent professional appraisers as well as the appraisal report prepared by a review appraiser. The purchase price offered by the county localgoverning body the for said property is the full amount passed by to be just compensation for the property and it is not less than the approved County determination of the fair market value of said property. The term "fair market value" is defined as follows: "The highest price estimated in terms of money which a property will bring if exposed for sale in the open market allowing a reasonable time to find a purchaser who buys with knowledge of all the uses to which it is adopted and for which it is capable of being used." - Based on all the foregoing, the City has established the sum of $ 2,500.09 Two Thousand Five Hundred and No/100 DOLLARS as total just compensation for the purchase price of the above referenced real property. • r , . "A COMMUNITY OF PROGRESS" In arriving at the foregoing amount as just compensation, the appraisers did not consider any decrease or increase in the fair market value of the real property to be acquired prior to the date of the valuation, caused by • the efforts of the Community Development Program, or by the likelihood that your property would be acquired as a part of the Community Development Program, other than that due to physical deterioration which was within the reasonable control of you as the owner. Attached for your information is a compensation summary of the amount estab- lished as just compensation for said property. If the property for which this offer is submitted is a tenant-occupied structure, enclosed is a copy of the document entitled "Agreement as to Ownership of Property Interest" which was signed by the property owner and the tenant prior to appraisal of the real estate and initiation of negotiations. If only a portion of a property is to be acquired, an additional document entitled "Partial Acqui- sition Information" will also be attached. The determination of fair market value does not reflect any consideration for relocation benefits. If you are to be displaced because of this acquisition, you may be eligible for payment for moving expenses and a replacement housing payment, in which case you should have already been contacted by a member of the City's relocation staff to explain these benefits to you. You may rest assured that if you are occupying the property the County will not require you to move before you have recieved all the assistance needed and have had ample opportunity to obtain decent, safe and sanitary housing in your finan- cial means. If any of the buildings, structures, fixtures, or other improvements compris- ing a part of the real property have been identified as being the property of a tenant who has the right or obligation to remove them at the expiration of his term, the total just compensation for the real property, including the property of such tenant, has been apportioned to the tenant so that the amount apportioned to the tenant's improvements and interest in the real property is the greater of: 1. The fair market value of the tenant's leasehold estate in the property. 2. The amount which the tenant's improvements contribute to the fair market value of the real property being acquired. 3. The fair market value of the tenant's improvement for removal from the property. A Negoitator for the County of Weld will be in contact with you regarding the purchase of said property within ninety days. 6 If you have any questions regarding any of the above or the enclosed Summary of Just Compensation, please call the County of Weld or visit the office at 718 15th Street. Sincerely, Lyle R. Mueller, Director City of Greeley Department of Urban Renewal COMPENSATION SUMMARY Parcel No. ' Location:, Burger Fry Suhdiviginn Owner: Lloyd Whifledge and Larry Sfpvana Owner's Address: Tenant: N/A Tenant's Address: • Legal Description: Block Two, Lot 4, Burger and Fry Subdivision. Weld County Land: ' • 50' Frontage x 100 Depth 5,000 Sq. Ft. ises and luded in dings tut s,improvements iigto beip left on and all fixturesofcevery kind,nincluding all lighting Sructures, wiring and wating, equipment. and plumbing fixtures, water heaters and all heating and air conditioning • Special Items Included: Owner may remove any fixtures from structures and property with the exception of the actual structure within 90 da s of the Notice to Vacat Severance Damage (If Applicable) Tenant's improvements to be left on premises for which tenant shall receive compensa- tion: (If Applicable) Tenant's improvements which may be removed (If Applicable) I� Market Value: $2,500.on Valuation Date: December 9, 1976 Land Values $ 1,250.00 I . Improvement Values $ 1,250.00 ; ' Owner's Fixtures: (If Applicable) $ I ' 2,500.00 Total Property Compensation: $ Add Tenant's Improvements (If Applicable) S The above amounts have been established as just compensation by the Local Governing Body of theCountyof Weld and were determined by evaluating all the facts known to .thecountysuch as age, condition, location and size of the property, ..a careful analysis o£ the 'appraisal (s) and a review of all sales of similar property in the area. , , , , . 1 i, l s I` I' I '1 I ,211 1� i1 1 I I I 1 , ' I I 1 A 1 I . i I. 1 , 1 • • I r I I • II I li(I,I/ 1942 Montview Drive Greeley, CO 80631 November 17, 1976 Miss Marianne LeClair Acquisition Officer City of Greeley Dept. of Urban Renewal 718 15th Street Greeley, CO 80631 Re: Review Appraisals on L4, 5, and 9 - Burger Fry Subdivision Dear Ms. LeClair: Pursuant to your request, and based upon the scope of services, set forth under contract, I have reviewed the above captioned appraisals. My observation and comments regarding these appraisals performed by Mr. Michael C. Marion and Mr. Robert Mitchell are presented in the attached report. Included in this report is my opinion of the values of the subject parcels. I, the undersigned, hereby certify that I have no present or prospective interest in the properties under appraisement, that my employment is not contingent in any way upon the amount of the value reported; that I have personally inspected the property, and, the statements made and the inform- ation contained in this report are true to the best of my knowledge and belief. Respectfully submitted, C. Ray Kiley REVIEW APPRAISER'S REPORT The appraisals reviewed are considered acceptable and in accordance with the standards for Federal Acquisition Appraisals. Block 2, Lot 4 - Whitledge and Stevens Marion Appraisal $ 1,000.00 Mitchell Appraisal $ 2,500.00 Review Appraisal $ 2,500.00 Block 2, Lot 9 - Schafer Marion Appraisal $ 5,000.00 Mitchell Appraisal $ 4,600.00 Review Appraisal $ 4,600.00 Block 1, Lot 5 - Pearson Marion Appraisal $ 2,500.00 Mitchell Appraisal $ 2,700.00 Review Appraisal $ 2,500.00 It is my opinion that the appraisals subject to this review are deemed to be acceptable and adequate to support the appraiser's opinions of value. Respectfully submitted, C. 'c �� -2 C. Ray Kiley ----- _ _ __ _ : --,_______ _____.-._,... ._ _ GREELEY CIVIC CENTER GREELEY. COLORADO 80631 Department of Urban Renewal PHONE X303 3536123 February 8, 1976 Mr. Larry Stevens Mr. Lloyd Whitledge 3901 West Service Rd. Evans, Colorado 80620 Dear Messrs. Stevens and Whitledge: The County of Weld has been awarded a Community Development Discretionary Grant by the Department of Housing and Urban Development. One of the major purposes of the project is to eliminate dilapidated housing within the City of Greeley and to relocate families occupying these dwellings into standard, safe housing. To accomplish this objective, your property in the County of Weld, legally described as Block 2, Lot 4, Burger and Fry Suddivision, is scheduled to be acquired by the County. We will be pur- chasing your lot and structure. To enable us to establish fair market value of your property, two appraisers will appraise your land and buildings. Before coming to your property, they will contact you and will present to you a letter of introduction from the Urban Renwal Authority. At the time the appraisers contact you, we would appreciate you notifying your tenants, if any, as to the date of the apprai- sal. if you have any questions concerning the project or the acquisition of your property, please feel ree to contact me at any time. \--___ \Sorely, /46,7,- /2 u_./ Marianne LeClair Acquisition Officer P.S. Enclosed is a Land Acquisition Statement for your information. If you have any questions on it, please contact me. "A COMMUNITY OF PROGRESS" 1 oa ,8L// ea - ,ciPyS &'SZ /f //zi/ \ \ . // 3 ze 7-A ----,c--7- 50.47 0.o dz - 5'O.O 50.0 - v .r j ^"7 N kh N � Qo � k 0 0 C..% oy •- y ' y ¶5t:t% O / .5 b -) _z .. s 125'..a o L¢ n R` r LOT .Gs rte.° q* a no:oar��� //S '5?- GOT 7 % 2 5 ``i Sef- -LAY Coz0 'CA in a 4:7t a , c n /547.O ar.es Q tor 9 • : 21 • k1 N • /25.0 ea.?? ea 7Bs1.. L 'Sb = L // ' : 29 *• 7D 79.a Gl:a 4V/2 ‘ II 4/0 6 z� �T/r��T -no - 43 - Whitledge/Stevens Residence Sketch of Floor Plan 14' Bedroom Shed 14' Bedroom 14' Living Room Kitchen 12' 28' - 44 - LEGAL DESCRIPTION Lot Four (4) , Block Two (2) , Burger-Fry's Subdivision, being a subdivision of a part of Lot Four (4) of the Southeast Quarter of the Northeast Quarter (SEINE*) of Section Five (5) , Township Five (5) North, Range Sixty five (65) West of the Sixth Principal Meridian, according to the subdivision of lands by the Union Colony of Colorado, Weld County, Colorado. SITE DESCRIPTION 6a6 The subject site is rectangular in shape with the north line fronting on the south side of 5th Street, being 50 feet in width. Depth is 100 feet. It therefore contains 5,000 square feet. Fifth Street is a partially improved public thoroughfare with paved driving surface and dirt and gravel curbs and gutters or ditches. The site is 2 to 3 feet below grade of the fronting street. Topo- graphy is practically level and probably has slow surface drainage. Soils are light brown, fine sandy loam. No water, sewer or natural gas is con- nected to the site. Electricity is available from Home Light and Power Co. via overhead lines . There are a few old "wild" elm trees and bushes. The low quality abandoned residence occupies the north half of the site. A few small sheds and insignificant chicken pens as well as some perimeter fencing is on the back part of the lot. DESCRIPTION OF IMPROVEMENTS Dwelling 532 square feet. Basic frame construction with exterior consisting of a combination of regular cedar lap siding and vertical boards - all needing paint. Sill and rock foundation. Roll composition roof. Interior includes four rooms - kitchen, living room/bedroom, bedroom and small back porch or bedroom. Minimum quality sheet rock and composition board walls and ceilings . Linoleum on part of the uneven, warped softwood flooring. Minimum old style light fixtures. Vacant, abandoned and in poor condition. - 45 - Outbuildings IS Two or three low, small chicken type sheds with combinations of board, woven wire, and chicken wire fenced pens . Woven wire along the east peri- meter, and scrap e along the west line. Verti- cal scrap board fence along meter, railroad tie retaining fencing the south side. Small gravelled parking area . ZONING Lot 4 (the subject property) is zoned I, Industrial District by Weld 3 County. Uses permitted in this district are found in excerpts from applicable ordinances in the Addenda of Vol ume I (Basic Data Report) previously submitted for this appraisal project. The southwest half of the lot is within the flood "channel district" as interpreted by the City code, and the northeast half is within the flood "valley district". ASSESSED VALUE AND TAXES According to the records in the Weld County Assessor's office, the subject Whitledge property is assessed at $30 for land and $110 for improve- ments for a total of $140. The applicable mill levy is 91 .07 which results in general real estate taxes of $12.75. HIGHEST AND BEST USE Present use - as low income housing, with potential for industrial development. EVALUATION fi Sales History of Subject A deed recorded in Book 734, Reception No. 1655974 of the Weld County records and dated January 22 , 1975, transfers the property from W. E. Downing to Lloyd Whitledge and Larry Stevens . The state documentary fee represents that the consideration was $6,000. Mr. Larry Stevens, one of the purchasers, i - 46 - confirms that the property was actually traded in as equity payment on a trailer house or mobile home and that the consideration by the documentary fee may be exaggerated. I Market Approach On the following page is the comparative grid adjusting the three most comparable sales to an indication of value of the Whitledge/Stevens parcel. The subject includes one lot, the vacant dwelling and sheds. The total site area is 5,000 square feet. The dwelling is 532 square feet consisting of three rooms and a small enclosed porch or semi bedroom. 1 The three resultant indicators provide rather wide brackets ranging from $2,000 to $3,250 for the property. Sale No. 4 requires only minor adjustments ij and is therefore the strongest comparable and it is in the subject Burger-Fry's Subdivision. Sale No. 6 is also in the Burger-Fry's Subdivision but requires ll some rather large adjustments and the sale took place three years ago. Sale No. 7a is one of the better comparables due to its recent date and general similarity although it is semi-modern, includes a bath and is located in the I Spanish Colony. Nevertheless, it is the best comparable and the final value indication, by the Market Approach, is considered PP to be $2 ,500. The other checks of the value reported are reasonable as compared with the general unit sales price of the 13 improved sales . These figures are based Il on a Highest and Best Use of low income housing. q Improvements only: $1 ,250 _ 532 sq. ft. = $2. 35 p. s.f. I Land only: $1,250 _ 5,000 sq. ft. = $0. 25 p.s.f. II Total: $2 ,500 _ 532 sq. ft. = $4. 70 p. s .f. - of building area E 9 The unit land value is very near the average and median for the sales I studied. The unit price can be expected to be about average due to the average size of the site, however the location - fronting on 5th Street, is above average. III The unit value of improvements only at $2. 35 is also about average - p which is reasonable due to the plain minimum quality residence, slightly below average in size. f I The $4. 70 per square foot represented by the total price divided by theA. dwelling area is slightly below average due to the poor condition of the property. II I i MARKET DATA APPROACH Comparative Grid Whitledge/Stevens Adjustment Item Sale No. 4 Adj . Sale No. 6 Adj. Sale No. 7a Adj. Date of Sale 5/74 +$ 300 5/73 +$1000 4/76 = Age & Condition Better -$ 200 Better -$1000 Better -$1000 Construction/Quality = Better -$ 250 Better -$ 250 Size - Sq. Ft. 480 = 900 -$ 500 440 +$ 250 Rms./Bdrms . 4/2 = 4/2 = 4/2 = Baths = = 1 -$1000 Bsm't./Finish = _ _ Site (Zoning) 8, 125 -$ 100 6,875 = 4,500 = Location poorer +$ 500 poorer +$ 500 similar = Other Sale Price $ 1 ,500 $ 3,500 $ 4,500 Total Adjustments $ + 500 $ - 250 $-2 ,000 Indicated for Subject $ 2 ,000 $ 3,250 $ 2 ,500 Value indicated for subject, after weighting of comparable sales $ 2 ,500 - 48 - II It is recognized that a deed transferring the property to the current owners and dated approximately one and one-half years ago, reflected a consideration of $6,000. Nevertheless , the market data involving arm's-length transactions suggest a much lower value figure as reported herein. Confirmation of the con- ii, sideration reveals a trade was involved and therefore the actual consideration may not be properly represented by the documentary fee attached to the deed. As a result of this study, the value estimated by the market comparisons i is estimated to be $2 ,500.00. I Income Approach 1 s I Based on a study of rentals and GRMs presented in the Basic Data report, i a monthly rent of $25 and a GRM of 70 are chosen as appropriate for this property. r $25 x 70 = $1 ,750 g�g E This method fails to reflect the value of land fronting on a good street. Value as an Industrial Site The total value reported as $2,500 represents a unit value of $0. 50 per o square foot if the total value were all for land. This is above the average and median of to$0.26 0 7$ .2 presented by the six "lettered" land sales but is �� uite realistic in the in q dustrial land market. Although the site suffers some flood potential, part of this site is outside the "flood channel district of the City of Greeley zoning ordinance regulations. The land, as an industrial site, , has reasonably good frontage. Therefore, the total value reported by the com- arison approach,A Pp as an improved site, is also Prealistic as an unimproved industrial site .e. Ii 4 Correlation It has beenpreviously pointed out in the Basic Data Report that a Cost L Approach is of little value due to the extremely high degree of accrued depre- ciation which exists in the improvements involved with this property. Y The Income Approach is a weak indicator although several of the sale properties are rented and reasonable estimates of the GRM and rent are sub- g stantiated. The Market Approach is the most reliable f I or this type property and +, reasonable Market Data is available to lend reliance to this estimate. Ii - 49 - As a result of all of these considerations, value of the subject Whitledge/Stevens ownership is estimated to be $2,500.00. - 50 - Whitledge-Stevens Parcel • • x :24. Looking southwesterly across 5th St. at a frontage. - , Looking northeasterly across the Cache la Poudre River at rear of • building - just right of quonset hut . Hello