HomeMy WebLinkAbout20083283.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE
CHAIR TO SIGN - ANNA JAMISON REVOCABLE TRUST, C/O NICHOLAS JAMISON,
AND THOMAS AND THEO BERRY DECLARATION OF TRUST
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Purchase of Real
Property among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,the Anna Jamison Revocable Trust,do Nicholas Jamison, HC 24,
Encampment, Wyoming 82325, and the Thomas and Theo Berry Declaration of Trust, 7811
Northeast 120th Street, Kansas City, Missouri 64167, with terms and conditions being as stated
in said agreement, for the purchase of properties described as:
All of that part of the North 100 feet of
Lot 3, lying west of the east 20 feet
thereof, and also the east 20 feet of
the north 100 feet of Lot 4, all in Block
76, in the City of Greeley, Weld
County, Colorado.
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Purchase of Real Property among the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, the Anna
Jamison Revocable Trust, do Nicholas Jamison, and the Thomas and Theo Berry Declaration of
Trust, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2008-3283
PR0030
AGREEMENT FOR PURCHASE OF REAL PROPERTY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
� . WELD COUNTY, COLORADO
e P� ElsA
- C L
ATTEST: . nut,' ' 1 (1.1 , , 'A -1
1861 ,,� .
�� William H. Jerke, Chair
Weld County Clerk to th Bo .r � EXCUSED
/ �,, -,,� Robert,D. M en, Pr -Tem
De' y Cler to the Board
WilliaF. Garcia
APPR AST • �yV fir' � �
David E. Long
unty Atto ey
ouglas ademach r
Date of signature: 13131 Ib`h
2008-3283
PR0030
AGREEMENT FOR PURCHASE OF REAL PROPERTY
December /5 , 2008
1. PARTIES AND PROPERTY: The County of Weld, a body corporate and politic of the
State of Colorado, by and through its Board of County Commissioners, whose address is
915 10th Street, Greeley, Colorado 80631, Buyer, hereby agrees to buy, and the Sellers,
the Anna Jamison Revocable Trust,Nicholas A Jamison, Trustee, whose address is HC
24, Encampment, Wyoming 82325, and The Thomas E. Berry and Theo D. Berry
Declaration of Trust, dated October 9, 2003, Thomas E. Berry and Theo D. Berry,
Trustees,whose address is 7811 NE 120th, Kansas City, MO, 64167, agree to sell, on the
terms and conditions set forth in this agreement ("Agreement"), the real estate described
as:
All of that part of the North 100 feet of Lot 3, lying West of the East 20 feet thereof, and
also the East 20 feet of the North 100 feet of Lot 4, all in Block 76, in the City of Greeley,
Subject to, together with the benefits of Party Wall Agreement dated April 10, 1953,
recorded in Book 1361, Page 156, and Party Wall Agreement dated April 10, 1054,
recorded in Book 1391, Page 563, Weld County Records; and easement or right of way
for alley or driveway purposes as excepted, reserved and conveyed on Deed recorded in
Book 1339, Page 371, and an Agreement recorded in Book 1438, Page 45, Weld County
Records.
Also known by street and number as: 910 10th St., Greeley, Colorado, together with any
and all other interests of Sellers in vacated streets and alleys adjacent thereto, all
easements and other appurtenances thereto, all improvements thereon, (including any
water taps), and all attached fixtures thereon, (described herein as "the Property").
2. PURCHASE PRICE AND TERMS: The purchase price shall be One Hundred and
Forty-five Thousand Dollars and no/100 ($145,000.00), payable in U.S. Dollars to Sellers
by Buyer on the date of closing.
3. NOT ASSIGNABLE: This Agreement shall not be assignable by Buyer without Sellers'
prior written consent. Except as so restricted, this Agreement shall inure to the benefit of
and be binding upon the heirs, personal representatives, successors and assigns of the
parties.
4. EVIDENCE OF TITLE: On or before December 9, 2008 (the "Title Deadline"), Buyer
shall obtain, at its sole expense, a current commitment for an owner's title insurance
policy from a title insurance company selected by Buyer(the "Title Company") in an
amount equal to the purchase price (the "Title Commitment")together with copies of all
instruments or documents listed in the title Commitment as exceptions to the title
Buyer b`"NJ Page 1 of 7 Pages Sellers
2008-3283
("Exceptions"). It shall be a condition precedent to Buyer's obligation to consummate
and close the transaction contemplated by this Agreement that the Title Company be
unconditionally and irrevocably committed, upon the closing, to issue the title insurance
policy described in the Title Commitment, subject only to those Exceptions that are of
record. In the event the Title Company is not so unconditionally and irrevocably
committed to issue such policy upon the closing, then Buyer shall not be obligated to
close the transaction and may terminate this Agreement.
5. TITLE:
(a) Title Review: Buyer shall have the right to inspect the Title Documents. Written
notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition
shown by the Title Documents shall be signed by or on behalf of Buyer and given to
Sellers on or before twenty(20)calendar days after Title Deadline and receipt of all
instruments and documents listed as Exceptions, or within five(5) calendar days after
receipt by Buyer of any new Title Documents not shown on the Title Commitment or
endorsement(s) adding new Exception(s) to the title commitment together with a copy of
the Title Document adding new Exception(s)to title. If Sellers do not receive Buyer's
notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by
the Title Documents as satisfactory.
(b) Matters Not Shown by the Public Records: Sellers shall deliver to Buyer, on or
before December 10, 2008, true copies of all lease(s) and survey(s) in Sellers' possession
pertaining to the Property and shall disclose to Buyer all easements, liens or other title
matters not shown by the public records of which Sellers have actual knowledge. Buyer,
or any designee, shall have the right to inspect the Property to determine if any third
party(s) has any right in the Property not shown by the public records (such as an
unrecorded easements, unrecorded leases, or boundary line discrepancies). Written notice
of any unsatisfactory condition(s)disclosed by Sellers or revealed by such inspection
shall be signed by or on behalf of Buyer and given to Sellers no later December 11, 2008.
After such date required for notification and until closing, (i) Sellers shall immediately
disclose to Buyer the existence of any easements, liens, or other title matters not
previously disclosed to Buyer and of which Sellers become aware, and (ii) Buyer shall
have an ongoing right to inspect the Property to determine the existence of any potential
or actual third-party rights in or claims to the Property which may arise after such date. In
the event Sellers notify Buyer of any new condition pursuant to subparagraph(i) above,
which condition is unsatisfactory to Buyer as determined in Buyer's sole and absolute
discretion, or Buyer discovers any unsatisfactory condition as determined in Buyer's sole
and absolute discretion not reasonably discoverable in Buyer's prior inspection or
inspections of the Property, Buyer shall notify Sellers of such unsatisfactory condition
within five (5) business days after the date of Buyer's receipt of Sellers' notice or Buyer's
inspection, as the case may be. If Sellers do not receive Buyer's notice by said date,
Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual
Buyer -fr.-"4 Page 2 of 7 Pages Sellers
knowledge.
(c) Right toCure: If Sellers receive notice of unmerchantability of title or any other
unsatisfactory title condition(s) as provided in Subsection (a) or(b) above, Sellers shall
use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of
closing. If Sellers fail to correct said unsatisfactory title condition(s) on or before the date
of closing, this Agreement shall then terminate; provided, however, Buyer may, by
written notice received by Sellers, on or before closing, waive objection to said
unsatisfactory title condition(s).
6. INSPECTION: Upon request by Buyer, Sellers shall provide to Buyer a Sellers'
Property Disclosure form completed by Sellers to the best of Sellers' current actual
knowledge. Buyer or its designee shall have the right to have inspection(s)of the
physical condition of the Property and Inclusions, at Buyer's expense. If written notice of
any unsatisfactory condition, signed by or on behalf of Buyer, is not received by Sellers
on or before December 10, 2008, ("Objection Deadline"), the physical condition of the
Property and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is
received by Sellers as set forth above, and if Buyer and Sellers have not agreed, in
writing, to a settlement thereof on or before December 12, 2008, ("Resolution Deadline"),
this Agreement shall terminate three (3) calendar days following the Resolution Deadline;
unless, within the three (3) calendar days, Sellers receive written notice from Buyer
waiving objection to any unsatisfactory condition. Buyer is solely responsible for and
shall pay all costs associated with any inspection on the Property and shall not allow a
lien to be placed on the Property resulting from any work done or requested by the Buyer.
Buyer shall be responsible for and pay any and all damages, resulting from Buyer's
inspection of the Property, and in the event Buyer shall fail to complete the purchase of
the Property, Buyer shall return the Property to the Sellers in substantially the condition
the Property was in prior to the Buyer's inspection. Buyer agrees to provide the Sellers
with a copy of any and all inspections within five (5)days of the receipt of any reports by
the Buyer. The provisions of this paragraph shall survive the closing.
7. DATE OF CLOSING: The date of closing ("Closing Date") shall be December 16,
2008, or by mutual agreement at an earlier date. The hour and place of closing shall be
designated by Sellers and Buyer.
8. TRANSFER OF TITLE: Subject to tender or payment at closing as required herein and
compliance by Buyer with the other terms and provisions hereof, Sellers shall execute and
deliver a good and sufficient warranty deed to Buyer, on the Closing Date, conveying the
Property free and clear of all encumbrances of record and taxes, except the general taxes
for the year of closing.
9. PAYMENT OF ENCUMBRANCES: Any encumbrance required to be paid, including,
but not limited to, all property taxes for tax year 2008 and all previous years' taxes, and
Buyer '"cA/J Page 3 of 7 Pages Seller
any special assessments payable for the 2008 calendar year, shall be paid at or before the
Closing Date from the proceeds of this action or from any other source.
10. CLOSING COSTS, DOCUMENTS AND SERVICES: Buyer and Sellers shall pay
their respective closing costs and all other items required to be paid at closing, except as
otherwise provided herein. Buyer and Sellers shall sign and complete all customary or
required documents at or before closing.
11. PRORATIONS: Subject to the provisions of Paragraph 21 (d), general taxes for the year
of closing, based on the taxes for the calendar year immediately preceding closing, rents,
water and sewer charges, owner's association dues, and interest on continuing loan(s), if
any.
No other expenses, taxes, or assessments shall be prorated to the Closing Date.
12. POSSESSION: Buyer shall be entitled to possession of the Property upon closing.
Subsequent to the date of this Agreement and prior to the closing, Buyer, its agents and
employees shall be entitled to enter upon the Property for the purpose of making
inspections thereof.
13. CONDITION/USE OF PROPERTY:
Buyer is aware of the existence of a lease on the property between P.S. Enterprises, Ltd
d/b/a/ P.S. Trophies and Sellers, and Buyer intends to continue that leasehold
relationship on a month to month basis. Buyer acknowledges that as a result of the lease,
it will be obligated to pay and will pay those property taxes it is obligated to pay while the
lease between P.S. Enterprises, Ltd d/b/a/P.S. Trophies and Buyer continues.
14. TIME OF ESSENCE/REMEDIES: Time is of the essence hereof. If any note or check
received as earnest money hereunder or any other payment due hereunder is not paid,
honored or tendered when due, or if any other obligation hereunder is not performed or
waived as herein provided, there shall be the following remedies:
(a) IF BUYER IS IN DEFAULT: Sellers may elect to treat this Agreement as
canceled, in which case all payments and things of value received hereunder shall
be forfeited and retained on behalf of Sellers.
(b) IF SELLERS ARE IN DEFAULT: Buyer may elect to treat this Agreement as
cancelled, in which case all payments and things of value received hereunder shall
be returned and Buyer may recover such damages as may be proper, or Buyer may
elect to treat this Agreement as being in full force and effect and Buyer shall have
the right to specific performance or damages, or both.
(c) COSTS AND EXPENSES: Anything to the contrary herein notwithstanding,
Buyer ti•.A(•J, Page 4 of 7 Pages Sel rs
the event of any litigation arising out of this Agreement the court shall award to
the prevailing party all reasonable costs and expenses, including attorney fees.
15. RECOMMENDATION OF LEGAL COUNSEL: By signing this document Buyer and
Sellers acknowledge that they have been advised that this document has important legal
consequences and has recommended the examination of title and consultation with legal
and tax or other counsel before signing this Agreement.
16. NOTICE TO BUYER: Any notice to Buyer shall be effective when received by Buyer.
17. NOTICE TO SELLERS: Any notice to Sellers shall be effective when received by
Sellers.
18. MODIFICATION OF THIS AGREEMENT: No subsequent modification of any of
the terms of this Agreement shall be valid, binding upon the parties, or enforceable unless
made in writing and signed by the parties.
19. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the
parties relating to the subject hereof, and any prior agreements pertaining thereto, whether
oral or written, have been merged and integrated into this Agreement.
20. NOTICE OF ACCEPTANCE: COUNTERPARTS: This proposal shall expire unless
accepted in writing, by Buyer and Sellers, as evidenced by their signatures below, and the
offering party receives notice of such acceptance on or before December 8, 2008,
("Acceptance Deadline"). If accepted, this document shall become an Agreement
between Sellers and Buyer. A copy of this document may be executed by each party,
separately, and when each party has executed a copy thereof, such copies taken together
shall be deemed to be a full and complete Agreement between the parties.
21. ADDITIONAL PROVISIONS:
(a) NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed
to constitute a waiver of any immunities the parties or their officers or employees may possess,
nor shall any portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement.
(b) NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this Agreement, and
all rights of action relating to such enforcement, shall be strictly reserved to the undersigned
parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only. Lessee of the property, P.S.Enterprises, Ltd
Buyer/-.?At Page 5 of 7 Pages S rs
k
d/b/a/ P.S. Trophies , is considered an incidental beneficiary under this
Agreement.
(c) SEVERABILITY: If any clause, provision, subsection, section or article of this
Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity,
illegality or enforceability of such clause, provision, subsection, section or article shall not affect
any of the remaining provisions of this Agreement.
(d) PRORATION OF EXPENSES: Buyer shall be responsible for the payment of
all insurance on the property from the date of sale, and Seller shall be entitled to any refund of
insurance premium(s) paid for coverage after the date of the sale. Rent in the amount of$1400.00
received by Buyer for the month of December shall be allocated to the parties in relation to their
respective periods of ownership, with Seller receiving $722.60, and Buyer receiving $677.40.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall
extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the
respective parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
SELLER:
! na Jamison r. vocable rust
icholas A amison, Trustee
Subscribed and sworn to before me this day o£ Ali(l i La'r
, 2008.
S I(/jllt(C, ; .Y,GGL(`C
...... , Not Public
My Commis 4.r '•.
t
sJ •.............''�Q\\ �
t�gT�i„OF O�vae
,issico
Buyer Hc& Page 6 of 7 Pages Sell
SELLER:
e Thom.. E B- and Theo D. Berry
1 larati r n of rust, dated October 9, 2003,
Thomas . S erry, Trustee
SELLER-
4/4
he Thomas E terry and Theo D. Berry
Decl. ation Trust, dated October 9, 2003,
Theo /. B: , Trustee
Subscribed and sworn to before me this OH day of �}ecT'ii1eK , 2008.
\, onWunuuq�,,/
�t�E SA V���� • .
."/;. (:)TARP _ Nota Public
My Cosnmsion expires:'O
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""'nssion Exams
BUYER:
ATTEST: iateM BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY,
STATE OF COLORADO
I ':'
1861 I/ '4?
By: .� i :. : �; %, By: 1,.; DEC 1 5 8
Deputy Clerk to the Bo � /j ► � William H. Jerke, Chairman
Buyer 4--..44 Page 7 of 7 Pages Selle
ca2e2re- SC2S
The printed portions of this form,except differeneadditions,have been approved by the Colorado Real Est mmission.
(SPD19-8-07) (Mandatory I-08)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER
COUNSEL BEFORE SIGNING.
SELLER'S PROPERTY DISCLOSURE
(ALL TYPES OF PROPERTIES)
THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER,NOT BY BROKER.
Seller states that the information contained in this Disclosure is correct to the best of Seller's CURRENT ACTUAL KNOWLEDGE as of this Date.
Any changes will be disclosed by Seller to Buyer promptly after discovery.Seller hereby receipts for a copy of this Disclosure.If the Property is
part of a Common Interest Community, this Disclosure is limited to the Property or Unit itself, except as stated in Section L. Broker may
deliver a copy of this Disclosure to prospective buyers.
Note: If an item is not present at the Property insert "N/A" in the Comments column. The Contract to Buy and Sell Real Estate, not this
Disclosure form,determines whether an item is included or excluded.
Date: December 8,2008
Property Address: 910 10th St.,Greeley,CO, 80631
Seller: Anna Jamison Trust, Et al.
ir' 'r y"'..< • #" <. ..
A. STRUCTURAL CONDITIONS
Do any of the following conditions now exist or have they Do Not
ever existed: Yes No Know COMMENTS
1 Structural problems X
2 Moisture and/or water problems X Roof has leaked on the East side.
3 Damage due to termites,other insects or rodents X
4 Damage due to hail,wind,fire or flood X
5 Cracks,heaving or settling problems X
6 Exterior wall or window problems X
7 Exterior Artificial Stucco(EIFS) N/A
8 Any additions or alterations made X
9 Building code violations X
Do Not
B. ROOF Yes No Know COMMENTS
1 Roof rroblems X Roof has leaked on the East side.
2 Roof material:Asphalt Age Unknown t , 7.
Roof material: Age
3 Roof leak: Past X
4 Roof leak: Present X
5 Damage to roof: Past X
6 Damage to roof: Present X
7 Roof under warranty until N/A
Transferable
8 Roof work done while under current roof warranty N/A
9 Skylight problems N/A
10 Gutter or downspout problems X
IN WORKING CONDITION
Do Not Age If
C. APPLIANCES Yes No Know Known COMMENTS
I Built in vacuum system&accessories
2 Clothes dryer
3 der
4 Dithwaskef
5 Disposal
6 Freezer
7 Gas grill
8 lled
9 Microwave-evtin
10 Oven
11 Range
12 Refrigerator
13 T.V.antenna: ❑Owned ❑ Leased
14
15 Trash compactor
No.SPDI9-8-07. SELLER'S PROPERTY DISCLOSURE(All Types of Properties) Page 1 of 5
or-3
• IN WORKING CONDITION
D. ELECTRICAL& Do Not Age If •
TELECOMMUNICATIONS Yes No Know Known COMMENTS
1 Security system: D Owned ❑ Leased N/A
2 Smoke/fire detectors: ❑ Battery D Hardwire X
3 Light fixtures X
4 Switches&outlets X
5 Aluminum wiring X
6 Electrical: Phase Voltage X
7 Telecommunications(T1,fiber,cable,satellite) X
8 Inside telephone wiring&blocks/jacks X
9 Abandoned communication cables:Dyes❑No X
10 Ceiling fans X
11 Garage door opener X
12 Garage door control(s)# X
13 Intercom/doorbell X
14 In-wall speakers X
15 220 volt service X
16 I Landscape lighting X
IN WORKING CONDITION
Do Not Age If
E. MECHANICAL Yes No Know Known COMMENTS
Evaporative cooler
Window units
Central X
Computer room
2 A»Heil hole h. sec n
3 Vent fan
4 Uumidifer
5 Air purifier
6 Sauna
7 Hot tub or spa
8 Steam room/showee
9 Peet
10 Heating system: X
Type Fuel :Gas
Type Fuel
11 Water heater: Number of X
Fuel type Capacity
12 Fireplace:Type Fuel
13 Fireplace insert
14 Stove:Type Fuel
15 When was fireplace/wood stove,chimney/flue
last cleaned:Date:
ape-not-knew
16 Fuel n Owne,, n L e.sed
17 Radiant heating system: ['Interior ❑Exterior
Ilose Type
18 Overhead-door
19 E try gate system
20 Elevator/escalators X
21 Lift/hoist//crane See Response to E20.
IN WORKING CONDITION
Do Not Age If
F. WATER,SEWER&OTHER UTILITIES Yes No Know Known COMMENTS
1 Water filter system: ❑Owned ❑ Leased
2
3 Sewa_e rroblems: ❑Yes®No❑Do not know , e
4 Lift station(sewage ejector pump)
5 Drainage,storm sewers,retention ponds
6 •
7 Plumbing problems:❑Yes No❑Do not know S ,ro
8 Sump pump
9 Underground sprinkler system
No.SPDI9-8-07. SELLER'S PROPERTY DISCLOSURE(All Types of Properties) Page 2 of 5
IN WORKING CONDITION
WATER,SEWER& • Do Not Age If •
F. OTHER UTILITIES(Continued) Yes No Know Known COMMENTS
10 Fire sprinkler system
11 Polybutylene pipe:
❑ Yes ❑Ne ❑Do not know
12 Galvanized pipe:
❑Yes ❑No ❑ Do not know
13 Backflow prevention device:
❑ Domestic 0 Irrigation ❑Fire
0 Sewage
14 Irrigation pump
15 Well pump
Do Not
C. OTHER DISCLOSURES—IMPROVEMENTS Yes No Know COMMENTS
I Included fixtures and equipment in working condition
11 GENERAL
Do Not
H. USE,ZONING&LEGAL ISSUES Yes No Know COMMENTS
1 Current use of the Property
2 Zoning violation,variance,conditional use,enforceable PUD X
or non-conforming use
3 Notice or threat of condemnation proceedings X
4 Notice of any adverse conditions from any governmental or X
quasi-governmental agency that have not been resolved
5 Violation of restrictive covenants or owners'association rules X
or regulations
6 Notice of zoning action related to the Property X
7 Notice of ADA complaint or report X
8 Other legal action X
Do Not
I. ACCESS,PARKING,DRAINAGE&SIGNAGE Yes No Know
I Any access problems X
2 Roads,driveways,trails or paths through the Property used by X
others
3 Public highway or county road bordering the Property X
4 Encroachments,boundary disputes or unrecorded easements X
5 Shared or common areas with adjoining properties X
6 Cross-parking agreement,covenants,easements X
7 Requirements for curb,gravel/paving,landscaping X
8 Flooding or drainage problems: Past X
9 Flooding or drainage problems: Present X
10 Signs: ❑ Owned ❑ Leased X
II Signs: Government or private restriction problems X
Do Not
J. WATER&SEWER SUPPLY Yes No Know COMMENTS
I Water Rights: Type
2 _ Water tap fees paid in full
3 Sewer tap fees paid in full
4 Subject to augmentation plan
5 Well required to be metered
6 Type of water supply: ® Public ❑Community ❑ Well ❑ Shared Well 0 Cistern ❑None
If the Property is served by a Well,a copy of the Well Permit❑ Is ❑ Is Not attached. Well Permit#:
❑ Drilling Records❑Are ❑Are Not attached.
The Water Provider for the Property can be contacted at:
Name: Address:
Web Site: Phone No.:
❑ There is neither a Well nor a Water Provider for the Property.The source of potable water for the Property is[describe source]:
SOME WATER PROVIDERS RELY,TO VARYING DEGREES,ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO
CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED SOURCE)TO DETERMINE THE LONG-TERM
SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
7 Type of sanitary sewer service: ® Public ❑Community ❑ Septic System ❑None ❑ Other
If the Property is served by an on-site septic system,supply to buyer a copy of the permit.
No.SPD19-8-07. SELLER'S PROPERTY DISCLOSURE(All Types of Properties) Page 3 of 5
Type of septic system: ❑ Tank ❑ Lee Lagoon •
K. ENVIRONMENTAL CONDITIONS
Do any of the following conditions now exist or have they Do Not
ever existed: Yes No Know COMMENTS
1 Hazardous materials on the Property, such as radioactive,toxic, X
or biohazardous materials, asbestos, pesticides, herbicides,
wastewater and other sludge, radon, methane, solvents or
petroleum products
2 Underground storage tanks X
3 Aboveground storage tanks X
4 Underground transmission lines X
5 Pets kept on the Property X
6 Property used as,situated on,or adjoining a dump, land fill or X
municipal solid waste land fill
7 Monitoring wells or test equipment X
8 Sliding,settling,upheaval,movement or instability of earth or X
expansive soils of the Property
9 Mine shafts,tunnels or abandoned wells on the Property X
10 Within governmentally designated geological hazard or X
sensitive area
I I Within governmentally designated flood plain or wetland area X
12 Governmentally designated noxious weeds(within last 3 years X
only)If yes,see Section O.
13 Dead,diseased or infested trees or shrubs X
14 Environmental assessments,studies or reports done involving X
the physical condition of the Property
15 Property used for any mining,graveling,or other natural X
resource extraction operations such as oil and gas wells
16 Endangered species on the Property X
17 Archeological features,fossils,or artifacts on the Property X
18 Interior of Improvements of Property Smoke-free X
19 Other environmental problems X
L. COMMON INTEREST COMMUNITY ASSOCIATION Do Not
PROPERTY Yes No Know COMMENTS
I Property is part of an owners' association X
2 Special assessments or increases in regular assessments X
approved by owners'association but not yet implemented
3 Has the Association made demand or commenced a lawsuit X
against a builder or contractor alleging defective construction
of improvements of the Association Property(common area or
property owned or controlled by the Association but outside the
Seller's Property or Unit).
Do Not
M. OTHER DISCLOSURES—GENERAL Yes No Know
I Any part of the Property leased to others(written or oral) X
2 Written reports of any building,site,roofing,soils or X
engineering investigations or studies of the Property
3 Any property insurance claim submitted(whether paid or not) X
4 Structural,architectural and engineering plans and/or X
specifications for any existing improvements
5 Property previously used as a methamphetamine laboratory and X
not remediated to state standards
6 Government special improvements approved,but not yet X
installed,that may become a lien against the Property
III.LAND
Do Not
N. CROPS,LIVESTOCK& LEASES Yes No Know COMMENTS
I Crops being grown on the Property X
2 Seller owns all crops X
3 Livestock on the Property X
4 Any land leased from others: X
❑ State ❑ BLM ❑Federal ❑ Private ❑Other
No.SPD19-8-87. SELLER'S PROPERTY DISCLOSURE(All Types of Properties) Page 4 of 5
O. NOXIOUS WEEDS
The Colorado Weed Management Act became law on January 1, 1992. The law requires that every county or municipality in Colorado adopt a
weed management plan outlining the rules governing identification and method of eradication. The State of Colorado has identified PURPLE
LOOSESTRIFE, SPOTTED KNAPWEED, MUSK THISTLE, LEAFY SPURGE, CANADIAN THISTLE, DIFFUSE KNAPWEED, RUSSIAN
KNAPWEED,DALMATION TOADFLAX and YELLOW TOADFLAX,among.others,as noxious weeds.
Have any of the following occurred to the Property within the last 3 Do Not
years: Yes No Know COMMENTS
1 •
2 Subject to written weed control plan
3 Ilerbicides applied
4 Biological agents or insects released on any of the noxious
weeds
Do Not
P. OTHER DISCLOSURES—Land Yes No Know COMMENTS
1 Any part of the Property enrolled in any governmental programs
eirss-Ce.r 'rvation Reserve Program(CRP),Wetland
Reserve Program(WRP),etc.
2 rent
Seller and Buyer understand that the real estate brokers do not warrant or guarantee the above information on the Property. Proper
inspection services may be purchased. This form is not intended as a substitute for an inspection of the Property.
ADVISORY TO SELLER:
Failure to disclose a known material defect may result in legal liability.
The information tamed in this Disclosure has been furnished by Seller, who certifies to the truth thereof based •a-Seller's URREN
ACTUAL KN EDGE.
Date: 7c'c>r' U
D te:
Seller eller
ADVISORY TO BUYER:
Even though Seller has answered the above questions to the best of Seller's current actua k owledge, t uyer should obtain expe
assistance to accurately and fully evaluate the Property regarding use and access, water, sewer tilities, environmental at
geological conditions, noxious weeds and other matters that may affect Buyer's use of the Pro. rt Valuable information may I
obtained from various local/state/federal agencies,and other experts may perform more specific valuations of the Property.
Boundaries, location and ownership of fences,driveways,hedges,and similar items may become matters of dispute. A survey mi
be used to determine such matters.
Whether any item is included or excluded is determined by the contract between Buyer and Seller and not this Seller's Property Disclosure.
Buyer acknowledges that Seller does not warrant that the Property is fit for Buyer's intended purposes or use of the Property. Buys
acknowledges that Seller's indication that an item is "working" is not to be construed as a warranty of its continued operability or as
representation or warranty that such item is fit for Buyer's intended purposes. Buyer hereby receipts for a copy of this Disclosure.
Date: 12/15/2008 Date:
/1.1
Buyer William H. Jerke, Chair Buyer
Board of County Commissioners
No.SPDI9-8-07. SELLER'S PROPERTY DISCLOSURE(All Types of Properties) Page 5 of 5 .yy , 4j
0 WARRANTY DEED
THIS DEED, made this /6 day of December, 2008, between
NICHOLAS A.JAMISON,a resident of the State of Wyoming,and THE THOMAS E. BERRY
AND THEO D.BERRY DECLARATION OF TRUST DATED OCTOBER 9,2003, "GRANTORS",
And THE COUNTY OF WELD, a body corporate and politic of the State of Colorado,
"GRANTEE",whose legal address is 915 10th St., Greeley, CO 80631:
WITNESS,that the Grantors, for and in consideration of the sum of One Hundred
Forty-Five Thousand Dollars & 00/100 ($145,000.00),the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto the Grantee, its successors and assignees
forever, all the real property, together with improvements, if any, situate, lying and being in
the County of Weld and State of Colorado, described as follows:
All of that part of the North 100 feet of Lot 3, lying West of the East 20 feet thereof, and
also the East 20 feet of the North 100 feet of Lot 4, all in Block 76, in the City of Greeley,
County of Weld, State of Colorado,
Also known as 910 10th St., Greeley, CO 80631.
TOGETHER with all and singular the hereditaments and appurtenances thereunto
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 Grantors, either in law or equity, o1 in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its
successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its
successors in interest and assigns, that at the time of the ensealing and delivery of these
presents, Grantors are well seized of the premises above conveyed, have good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full
power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former and other grants, bargains,
sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature
whatsoever
The Grantors shall and will WARRANT AND FOREVER DEFEND the above-
bargained premises in the quiet and peaceable possession of the Grantee, its successors in
interest and assigns, against all and every person or persons lawfully claiming the whole or
any part thereof.
The singular number shall include the plural,the plural the singular, and the use of
any gender shall be applicable to all genders.
IN WITNESS WHEREOF, e grantor has executed this deed on the date set forth above.
NICHOLA7 A.JA ISON,kNTOR 1
tate of C o lorado
County of geld
The foregoing instrument was acknowledged before me this / . day of December,2008,
by Nicholas A. Jamison.
My Commission ec '5r`l/./b,2,„,/ Witness my hand and official seal.
( 1 (////' 2 ./l /
1 c., Notary Public
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3598818 01/09/2009 12:29P Weld County, CO `l'OtT , ?c33
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
THE THOMAS E BERRY AND HEO D.BERRY DECLARATION OF TRUST DATED OCTOBER 9,
2003,GRAN 0
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: Ni'holasA. mi n,Agent
State o Colorad
County of W
The foregoing instrument was acknowledged before me this', p 4 day o December,�,„„ 2008 Q�
by Nicholas A.Jamison. «5 at ik l� I Z C� ��C- {E?'y t��VL(,((5 • . rl 3
My Commission expires: 7/ it: 7;t( Witnes� y hand and offcial seal.
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Notary Public
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3598818 01/09/2009 12:29P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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