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HomeMy WebLinkAbout20072120.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD13 ANDAUTHORIZECHAIRTO SIGN NECESSARY DOCUMENTS - DACONO VILLAGE, LLC WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with an Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to County Road 13 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Dacono Village, LLC, P.O. Box 403, Erie, Colorado 80516,with terms and conditions being as stated in said agreement, and 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 Concerning the Purchase of Right-of-Way for Certain Improvements to County Road 13 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Dacono Village, LLC be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 25th day of July, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WEL�IUNT� /�COLORO �'l/vil ATTEST: LE all E /_��1 v'',' vid E. Long, Chair Weld County Clerk to the B. d /•` _ 1861 I ' iamb,. ,I&Pro-Tem BY: _ - p_._ t.�� a�:a.�� Deputy Cle to the Boar.�� J ; �i✓ William F. Garcia APS T EXCUSED Robert D. Masden unty A orney vu, cae,,,tar- 7 ougla Rademacher Date of signature: 7- ��-G7 2007-2120 EO0056 P&L) � S) Pt 08-(09 / 7 0 MEMORANDUM 'D C. TO: Clerk to the Board DATE: 7/23/2007 COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 13 with Dacono Village, LLC. Enclosed are two, duplicate original Agreements. Please return an executed, original agreement as soon as it is signed. The appropriate documentation is attached. M:\Francie\Agend-Leon.doc C 4 :27 ni O S 9 f'* CJ - • tr, Y J 2007-2120 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN DACONO VILLAGE, LLC, A COLORADO LIMITED LIABILITY COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /.Mday of ji) , 2007,by and between Dacono Village,LLC whose address is PO Box 403 Erie, CO 8 516 hereinafter referred to as"Owner", and 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 hereinafter referred to as"County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, and WHEREAS, Owner owns the property described in the attached Exhibits"A" hereinafter referred to collectively as"Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW,THEREFORE,the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described in Exhibits "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of TWENTY THOUSAND SIX HUNDRED SEVENTY FIVE and 00/100 ($20,675.00) dollars. This consideration is being offered in lieu of condemnation 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication,free and clear of all encumbrances, except existing easements. Owner shall retain the mineral estate under the Right of Way, including oil and gas, and shall also retain any water rights currently attached or associated with the Right of Way. 1 111111111111111111111111111111111111111111111 IIII1111 3497477 08/16/2007 02:02P Weld County, CO 1 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &c 7-a/01O 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein,and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party,or its agents or employees,hereto. This Agreement embodies all agreements between the parties hereto and there are no promises,terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees,and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. Date of payment of compensation is the date of delivery of the Deed of Dedication. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2007 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. County agrees to compensate the Owner the sum $262.50 for a permanent easement referred as PE-25 described in attached"Exhibit B". 9. County agrees to compensate the Owner the sum $1,095.00 for temporary easement referred as TE-25 North and TE-25 South described in attached"Exhibit C". 2 111111111111111111111111liii liii 111111111111111IIII IIII 3497477 08/16/2007 02:02P Weld County, CO 2 of 15 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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. OWNER: Dacono Village,LLC, a Colorado Limited Liability Company R9 . FSJ pAcvvtyv ci96f 4 Lc/ P111"64-A" By: 1V >9 C.- tt45i Title: I4'1/9x//9-6eie Date: 7v/y /% 200 Al TEST: ikeittia) BOARD OF COUNTY COMMISSIONERS ,,F WELD COUNTY, STATE OF ‘i aMILORADO Weld County Clerk to the Boar A '„n I` ' 1861 44 ' 1 r , . By: ')echelit 2 "eV 1; , Imo' BY: o Deputy Clerk to the Board � David E. Long, Ch • ATTESTING TO BOARD OF COUNTY JUL 2 5 2007 COMMISSIONER SIGNATURES ONLY 3 1111111111111111111111111111 MI 1111111 III 11111 till 3497477 08/16/2007 02:02P Weld County, CO 3 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • EXHIBIT "A" PROPERTY DESCRIPTION (1 of 3) A parcel of land, for Weld County Road No. 13 (WCR13) Right-Of-Way, being a part of that parcel of land described in that Special Warranty Deed (SWD) recorded May 24, 2005 as Reception No. 3288644 and that Personal Representative's Deed (PRD) recorded May 24, 2005 as Reception No. 3288645 of the records of the Weld County Cleric and Recorder (WCCR), located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Twelve (12), Township One North (T.1N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 12 and assuming the East line of the NE1/4 of said Section 12 as bearing South 00°02'33" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2656.80 feet with all other bearings contained herein relative thereto: THENCE South 00°02'33" West along the East line of the NE1/4 of said Section 12 a distance of 30.00 feet; THENCE North 89°46'29" West a distance of 30.00 feet to the intersection of the West Right-of-Way (ROW) line of said WCR13 as established by that accepted Road Viewer's Report (RVR) recorded April 18, 1884 in Book 48 at Page 109 of the records of the WCCR and the South ROW line of Weld County Road No. 12 (WCR12) as established by that accepted RVR dated July 8, 1890, said point being the POINT OF BEGINNING; THENCE South 00°02'33" West along said West ROW line a distance of 1298.49 feet to the South line of the N1/2 NE1/4 of said Section 12; THENCE North 89°56'40" West along said South line a distance of 8.25 feet; THENCE North 04°40'38" West a distance of 199.79 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 128.92 feet, said curve having a radius of 1565.00 feet, a central angle of 04°43'11" and a long chord bearing North 02°19'02" West a distance of 128.88 feet to a Point of Tangency (PT), said point lying on a line being Thirty (30) feet, as measured at a right angle, West of and parallel with the West ROW line of WCR13; t"," N.00 0 c IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 34995 Qom 3497477 08/16/2007 02:02P Weld County, CO 4 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder % M:\2004295\property descriptions\ROW-25-PROP-DESC.doc AQUA:COW OW Last printed 220/2007 3:20 PM (2 of 3) THENCE North 00°02'33" East along said line being 30 feet West of and parallel with said West ROW line a distance of 970.70 feet to the South ROW line of WCR12; THENCE South 89°46'29" East along said South ROW line a distance of 30.00 feet to the POINT OF BEGINNING. Said parcel contains 36,035 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. :ti 34995 ,L OC1 Steven, 'afdh., ' .ehalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 11111111111111111111111111111111111111 III 111111111 IIII 3497477 08/16/2007 02:02P Weld County, CO 5 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DACONO VILLAGE, LLC RIGHT-OF-WAY 1 I NEY4 SEC. 12, T.1N., R.68W. NORTHEAST CORNER I I (3 of 3) SEC. 12, T.1N., R.68W.-, _ _ __ =POINT OF COMMENCEMENT$ - -- - - IL_ - - I WELD CO_U_N7YROAD_WO. 12 IV - —I POINT OF BEGINNING — — ___NT Lj L2,— NORTH QUARTER CORNER SEC. 12, T.1N., R.68W. ID 'R 30' RIGHT-OF-WAY B049 RBC .2W2 1n RAZI PER ACCEPTED ROAD VIEWER'S— - 60' RIGHT—OF—WAY REPORT DATED 7-8-1890 _PER ACCEPTED ROAD VIEWER'S REPORT 10' UNION RURAL ELECTRIC ASSOCIATION DATED 4-17-1884 EASEMENT.(18, 8733 REC. NO. 1655015) RECORDED 4-18-1884 B48 P109 o co 1L cif�`N® N�IGri<C E Lie ,i ti n REC MO. 3288644 & 1288645 o N ox 3 NOTE: This exhibit drawing is not intended to be a a' , 0 monumented land survey. It's sole purpose is as a o cm N_ graphic representation to aid in the visualization of co o the written property description which it accompanies. w ep m o The written property description supersedes the n N N Si exhibit drawing. IV r CA z 3 wl t 200 100 0 200 Mml I 1 0 0l 1 200' o ,, PAUL LARRY L4t�4NHE R N < y B9 ROC no 1850003m _ ickt o k��N A `••itipG ./ RBC �as+a 373 aw' G.:q Cg1JAL :1 3e399�5 J h. 2�-1 n flu a— YD cal -00,414:5:7.. T o rozp `6 , Aka' `3iaarlY r.0.gn) d • �y., / / r''' iI" Steven _ ` & • r behalf of King Surveyors, Inc. II INVBSMENTWMPANY REC NC an6l,M Colorado `• Professional Land Surveyor #34995 LINE TABLE POSSIBLE 85' BULL CANAL RIGHT-OF-WAYr .c-----1LINE BEARING LENGTH NO VESTING DEED FOUND. / /'P I Lt 800'02'33"W 30.00' L I L2 N89'46'29"W 30.00' LOT A L3 N89'56'40"W 8.25' TIYYAN 5.ABACK Bea NO. 02111779 L4 N04'40'38"W 199.79' AnraIRDED EXEMPriakr EAST QUARTER CORNER L5 S89'46'29"E 30.00' RrO 1467-12-1 RHRXJ SEC. 12, T.1N., R.68W. RAC MO 1251672CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD I CH BEARING C1 128.92' 1565.00' 04'43'11" 128.88' NO2'19'02"W / TZTN1 C CT TR VE,YORS, INC. PROF CT/NO: 2007004295 I 11111111111111111111111111111I111I11111IIIIIIII1111IIII DCLIENT:FHU WG:ROW 25—DACONO VILLAGE 3497477 08/16/2007 02:02P Weld County, CO DRAWN: MCD CHECKED: SAL 6 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "B" GRANT OF PERMANENT EASEMENT This Grant of Permanent Easement is made by and between Dacono Village,LLC, a Colorado Limited Liability Company (Owner),whose address PO Box 403 Erie, CO 80516 (collectively referred to herein as"Owner") and 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 ("County"). For good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Owner hereby grants, sells, assigns, conveys and quit claims to County a non- exclusive,perpetual easement, for the purpose of the relocation and maintenance of utilities. The location of the easement parcel is described as follows: See Easement Exhibit"A"and Easement Exhibit Map The Permanent Easement hereby conveyed is for the drainage easement for driveway culvert. Upon execution of the Permanent Easement by Owner, County, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Permanent Easement for the construction and maintenance of said drainage easement for driveway culvert. This conveyance shall be deemed to include sufficient land for the construction and maintenance thereof including rights of entry upon,passage over any of material and equipment on such area as may be necessary or useful for the construction, maintenance, and repair of said drainage easement for driveway culvert. This Easement shall be binding upon, all and inure to the benefit of, and be enforceable by the parties,their successors and assigns. The Easement shall be governed and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF,the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER Dacono Village, LLC., a Colorado Limited Liability Company /3Y ' iO4et'to U!LLr26E� ticc /r 19ot-A6Ere By: Title: NA 6' 111111111111111111111111/III/III 1111111 III 111111111 till 3497477 08/16/2007 02:02P Weld County, CO 7 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) )ss. COUNTY OF ) T/y The foregoing instrument was acknowledged before me this / 7 day of 7;1y 2007,by, 2,,h, i G SL4csibba,sY"z1•wµ16er2 q FS onco<vc 9Ie efl4ehL M4"e*d&eP {c,r Dacono 'mss, LLC.,a Colorado limited liability corfipany. V,ilasc Witness my hand and official seal. Notary Public My commission expires: P•.....Nr Hq My Commission Expires,01/30/2011 r ..•. F��•,. 512 BriggsNOTARYit Erie,C0 60516 _ The Grantee hereby accepts this easement for the purposes set forth herein on this the ';N", PUBLIC e day of , 2007 /l �i� � .,OUNTY OF WELD, STATE OF A n_EST: /1Y/1/I/ � •> %i k ORADO, GRANTEE EN IA" Deputy Cler to the Board e��® d E. Long, Chaii an,Board of County Xpp t re':1�� i'ssioners of W 1d County, Colorado ATTESTING TO BOARD OF COU ��.rr-p COMMISSIONER SIGNATURES ONLY JUL 2 5 2001 111111 11111 111111 tit Ell 1111 1111111 III 11111 Ell 3497477 08/16/2007 02:02P Weld County, CO 8 of 15 R 0.00 0 0.00 Steve Moreno Clerk& Recorder PROPERTY DESCRIPTION (1 of 2) A parcel of land,for easement purposes,being part of that parcel of land described in that Special Warranty Deed (SWD) recorded May 24,2005 as Reception No. 3288644 and that Personal Representative's Deed (PRD) recorded May 24, 2005 as Reception No. 3288645 of the records of the Weld County Clerk and Recorder(WCCR), located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Twelve (12),Township One North (T.1N.),Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado,and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 12 and assuming the East line of the NE1/4 of said Section 12 as bearing South 00°02'33"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 2656.80 feet with all other bearings contained herein relative thereto: THENCE South 00°02'33"West along the East line of the NE1/4 of said Section 12 a distance of 30.00 feet to the South Right-of-Way (ROW) line of Weld County Road No. 12 (WCR12) as established by that accepted Road Viewer's Report(RVR) dated July 8, 1890; THENCE North 89°46'29" West along said South ROW line a distance of 60.00 feet; THENCE South 00°02'33"West along a line being Sixty (60)feet, as measured at a right angle, West of and parallel with the East line of the NE1/4 of said Section 12 a distance of 620.57 feet to the POINT OF BEGINNING; THENCE continuing South 00°02'33" West along said line being 60 feet West of and parallel with the East line of the NE1/4 of said Section 12 a distance of 60.00 feet; THENCE North 89°57'27"West a distance of 15.00 feet; THENCE North 00°02'33" East along a line being Seventy-five (75) feet,as measured at a right angle, West of and parallel with the East line of the NE1/4 of said Section 12 a distance of 60.00 feet; THENCE South 89°57'27"East a distance of 15.00 feet to the POINT OF BEGINNING. Said parcel contains 900 sq.ft.,more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A.Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. a 349JS t 2-�'-1 J ' o-Ljr Steve :a,l e§a f King Surveyors,Inc. Colorad tit er d`P�' ssional Land Surveyor 3 KING SURVEYORS,INC. 650 Garden Drive • Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 I 11111 11111 111111111I 1111 1111 1111111 III 11111 1111111 3497477 08/16/2007 02:02P Weld County, CO M:\2004295\property descriptions\ESMT-25-PROP-Dl 9 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Last printed 2/20/2007 4:31 PM I I DACONO VILLAGE, LLC EASEMENT 1 I NEY4 SEC. 12, T.1N., R.68W. NORTHEAST CORNER I I (2 of 2) — — — = SEC. 12, T.1N., R.68W. -POINT OF COMMENCEMENT- JD COUNTY ROAD NO. 12 NORTH QUARTER CORNER 1 51-11RLEY ELIZAREW SEC. 12, T.1N., R.68W. ZA DWIEHR 30' RIGHT-OF-WAY MPS REC NO 1719.271 PER ACCEPTED ROAD VIEWER'S- 60' RIGHT-OF-WAY REPORT DATED 7-8-1890 PER ACCEPTED ROAD VIEWER'S REPORT 10' UNION RURAL ELECTRIC ASSOCIATION "'I DATED 4-17-1884 RECORDED 4-18-1884 B48 P109 I EASEMENT.(18, 8733 REC. NO. 1655015) CI b •psAlcovo WILL ACE OR Lam" I co REC. MO. a} -2 § 3 O n NI N in I lCA a ciN �N NOTE: This exhibit drawing is not p01NT OF BEGINNING 200 100 0 200 intended to be a monumented I w land survey. It's sole purpose is L 1 z as a graphic representation to aid MI in the visualization of the written O "= 200' property description which it 900 sq.ft. L4 m r,, accompanies. The written of t property description supersedes the I m V exhibit drawing. PAUL LARRY' ¢ 4.1 RigaN`O 18W43 m LANDWEER EDWARD R. d• ,........ I LFNDA S p{? Ra ,�, f Rz�C no 218kf373 ` asstisserss G• NAB A , eF [1 R ' 4� Q 1 BOLLcANAL al")- H r�CPr oP&sgayof. $ -qa t ,{�,P��yG . �d--1 �. a.ke.S1iW —>n -'4f iYD �Q_ n•.`..� . rep ,,// \ /7 IT COMPANY — i / � RISC Wes!, Q23JA88 t i• Steven A.".+•. 1 4M")!'.• elf of King Surveyors, Inc. Colorado Regr er rofessional / Land Surveyor #34995 POSSIBLE 85' BULL CANAL RIGHT-OF-WAY / / LINE TABLE NO VESTING DEED FOUND. LINE BEARING LENGTH A ssoosnss, Issaszargrolv MYMI S.eucK L1 SOD'02'33"W 30.00' NO 1467-12-1-1118500 ��/ EC. NO. 02111779 L2 N89'46'29 W 60.00 R 188K� L3 S0O'02'33"W 60.00' EAST QUARTER CORNER L4 N89'57'27"W 15.00' SEC. 12, T.1N., R.68W. L5 NOO'02'33"E 60.00' L6 S89'57'27"E 15.00' Ing_ TTTTTr CTTMTritTrinc TNT!" PROJECT NO:2004295 js DATE: 02/13/2007 11111111111111111111111111111111111111111111111141 CLIENT:FHU 3497477 08/16/2007 02:02P Weld County, CO DWG:ESMT-25—DAC0N0 VILLAGE 10 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DRAWN: MCD CHECKED: SAL EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Dacono Village,LLC, a Colorado Limited Liability Company (Owner), whose address PO Box 403 Erie, CO 80516 Grantor and 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, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for purpose of road construction staging to Weld County Road 13, in and to, over, under and across the following described land: SEE EASEMENT EXHIBITS "A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on October 1, 2007,and shall expire and be of no further force or effect on October 1, 2008, or at the end of road construction,which ever is earlier. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures, which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement,the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto,their respective personal representatives, successors and assigns. 5. Grantee will reimburse Grantor the sum of One Thousand Ninety Five Dollars and no/100 ($1,095.00) dollars for the execution of this Temporary Construction Easement referred as TE-25 North and TE-25 South described in attached "Exhibit A". Page 1 of 2 page 111111111111111111111111 IIII IIII EON III Milt IIII 3497477 08/16/2007 02:02P Weld County, CO 11 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. Dacono Village, LLC, a Colorado Limited Liability Company Qy ! F-S /9LOtvo U/ LLI94E/ LLG /ll/91N/96F1Q By Title: pi it)nim /? STATE OF COLORADO ) )ss COUNTY OF WELD ) The oregoing instrument was acknowledged before me this /72yday of A2007, by Nee C £wr.,soIA as wW6FR o / Dacono Villa e,LLC, a Colorado limited liability company. 1n fiv/96a-i2 Leg6 E, Witness my hand and official seal. I &tr(rva a Notary Public •• - •.. /* NTMA h '•. My commission expires: • y: NOTARY E_ My Commission Expires:01/302011 ` PUBLIC /O : 512 Briggs '•�• '•• ...•:0.fO•: Erie,CO 80516 Th.pFCO� ,.• GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the p..; .e set forth herein. TY OF WELD, STATE OF ATTEST: 1861 1 "I % •RADO, GRANTEE ' '4:usr ' �i C I the%h ice" tht Deputy Clerk o the Board ,/ avid E. Long, Chairm• ,Board of County Commissioners. L 2 5 2UU/ ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY 111111111111111111111111IIII IIII1111111III111111III IIII 3497477 08/16/2007 02:02P Weld County, CO 12 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I I PROPERTY DESCRIPTION (1 of 3) Two (2) parcels of land,for temporary construction easement purposes,being parts of that parcel of land described in that Special Warranty Deed (SWD) recorded May 24,2005 as Reception No.3288644 and that Personal Representative's Deed (PRD) recorded May 24, 2005 as Reception No. 3288645 of the records of the Weld County Clerk and Recorder (WCCR), located in the North Half of the Northeast Quarter(N1/2 NE1/4) of Section Twelve (12),Township One North (T.1N.),Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: North Easement COMMENCING at the Northeast corner of said Section 12 and assuming the East line of the NE1/4 of said Section 12 as bearing South 00°02'33"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 2656.80 feet with all other bearings contained herein relative thereto: THENCE South 00°02'33"West along the East line of the NE1/4 of said Section 12 a distance of 30.00 feet to the South Right-of-Way(ROW) line of Weld County Road No. 12 (WCR12) as established by that accepted Road Viewer's Report(RVR) dated July 8, 1890; THENCE North 89°46'29"West along said South ROW line a distance of 60.00 feet; THENCE South 00°02'33"West along a line being Sixty (60) feet, as measured at a right angle, West of and parallel with the East line of the NE1/4 of said Section 12 a distance of 193.47 feet to the POINT OF BEGINNING; THENCE continuing South 00°02'33"West along said line being 60 feet West of and parallel with the East line of the NE1/4 of said Section 12 a distance of 427.10 feet to a point hereinafter referred to as Point"A;" THENCE North 89°57'27"West a distance of 15.00 feet; THENCE South 00°02'33"West a distance of 12.90 feet; THENCE North 89°57'27"West a distance of 15.00 feet; THENCE North 00°02'33"East a distance of 40.00 feet; THENCE South 89°57'27"East a distance of 20.00 feet; THENCE North 00°02'33"East along a line being Seventy (70) feet,as measured at a right angle, West of and parallel with the East line of the NE1/4 of said Section 12 a distance of 400.00 feet; THENCE South 89°57'27" East a distance of 10.00 feet to the POINT OF BEGINNING. Said parcel contains 5,007 sq.ft.,more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. South Easement COMMENCING at said Point"A;" THENCE South 00°02'33"West along said line being 60 feet West of and parallel with the East line of the NE1/4 of said Section 12 a distance of 167.10 feet to the POINT OF BEGINNING; 34935 OO'1 111111 Ell IIII 111111 III IIII s 3497477 08/16/2007 02:02P Weld County, CO 13 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder (2 of 3) THENCE continuing South 00°02'33" West along said line being 60 feet West of and parallel with the East line of the NE1/4 of said Section 12 a distance of 183.02 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 128.92 feet,said curve having a radius of 1565.00 feet,a central angle of 04°43'11" and a long chord bearing South 02°19'02"East a distance of 128.88 feet to a Point of Tangency (PT); THENCE South 04°40'38" East a distance of 83.75 feet; THENCE North 62°32'37" West a distance of 97.78 feet; THENCE North 27°27'23"East a distance of 10.62 feet; THENCE North 32°13'03"East a distance of 47.37 feet; THENCE North 57°46'57" West a distance of 20.00 feet; THENCE North 32°13'03"East a distance of 18.87 feet to a PC; THENCE along the arc of a curve which is concave to the Southeast a distance of 42.39 feet, said curve having a radius of 145.00 feet, a central angle of 16°45'00" and a long chord bearing North 40°35'33"East a distance of 42.24 feet to the beginning point of a curve, said curve being non-tangent to aforesaid curve; THENCE along the arc of a curve which is concave to the East a distance of 58.98 feet,said curve having a radius of 1590.00 feet, a central angle of 02°07'31" and a long chord bearing North 01°01'12"West a distance of 58.97 feet to a PT; THENCE North 00°02'33" East along a line being Eighty-five (85) feet, as measured at a right angle,West of arid parallel with the East line of the NE1/4 of said Section 12 a distance of 183.02 feet; THENCE South 89°57'27" East a distance of 25.00 feet to the POINT OF BEGINNING. Said parcel contains 14,078 sq. ft.,more or less (±),and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A.Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. •n:r.�'^fir, �Qn,GO flcU/Sp i c 34995 ' `zpo-1 • Steven`�, L f of King Surveyors, Inc. Colorado -°'� rofessional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 7N: 2004295 1111111 11111 1111111111 HIE EMI III 111111 III IIII M:\2004295\property descriptions\TCE-25-PROP-DESC.doc 3497477 08/16/2007 02:02P Weld County, CO Last printed 2/20/2007 4:17 PM 14 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EASEMENT TEMPORARY CONSTRUCTION I NEY4 SEC. 12, T.1N., R.68W. NORTHEAST CORNER I I (3 of 3) SEC. 12, T.1N., R.68W._ — POINT OF COMMENCEMENT— — NORTH EASEMENTS COUNTyROADNO. 12 NORTH QUARTER CORNER ai azIMLEY ILEFAIaxm�7a 01- SEC. 12, T.1 N., R.68W. POINT BEGINNING .I. L473�91 NORTH . I B7S2 RSC NO 171M1 30' RIGHT—OF—WAY PER ACCEPTED ROAD VIEWER'S EASEMENT �I 60' RIGHT-OF-WAY REPORT DATED 7-8-1890 L8 i PER ACCEPTED ROAD VIEWER'S REPORT 10' UNION RURAL ELECTRIC ASSOCIATION I DATED 4-17-1884 EASEMENT.(18, 8733 REC. NO. 1655015) RECORDED 4-18-1884 848 P109 DACONO WILLAICE LW o o' m rl o Co REC. NO- 3288644 & 3298t5459 N 00 0 LINE TABLE NI LINE BEARING LENGTH w _ I L1 500'02'33"W 30.00' M n rn L2 N89'46'29"W 60.00' 5,007 sq.ft. P NI o C\ il L3 N89'57'27"W 15.00' o PI° Ft' L4 500'02'33"W 12.90' 0 01 vvi `7 200 100 0 200 L5 N89'57'27"W 15.00' to t`', I L6 NO0'02'33"E 40.00' L h L7 589'57'27"E 20.00' L RI ,( 1 200' L8 S89'57'27"E 10.00' a !h\'1� L9 500'02'33"w 167.10' L5 POINT "A" L4 m POINT OF COMMENCEMENT LID soo'02'33"w 183.02' POINT OF BEGINNING I 06-I V SOUTH EASMENT L11 504'40'38"E 83.75' SOUTH EASEMENT I I rn L12 N62'32'37"W 97.78' L18 I En PAWLLARRYd ilRll'� R L13 N27'27'23"E 10.62' I Q 2928 REC MI 1851743 L14 N32-13'03"E 47.37' I m L15 N57'46'57"W 20.00' L16 N32'13'03"E 18.87' N o EDWARD R at L17 NOo'02'33"E 183.02' d' S ORIINEMWEIR L18 ac89'5,7'2C27",,E 25.00' 14,078 sq.ft. I Ran NO 0t} � iLhici�y.; c coal TiygF y ,CN t�--,i<• e+ C3 BULLyD7TCH LeprsVp&1yolR Gry n aka.STAN �2?.?, .�cali•4n,Y't'1a (c38995 1 Zoo l L15I COMPA,� — 3 L14 RBC NC O2716788 L13 Steve Vt,," Etrld".. U!Waif of King Surveyors, Inc. C7 Colors {essional Land Sury f�5 / POSSIBLE 85' BULL CANAL RIGHT—OF—WAY / / NOTE: This exhibit drawing is not NO VESTING DEED FOUND. intended to be a monumented land survey. It's sole purpose is A L°T" as a graphic representation to aid ALAN s. such 9 P P Ma 1467-12'-1 RE5120 EG N . 02111778 in the visualization of the written RISC .NO nen EAST QUARTER CORNER property description which it SEC. 12, T.1N., R.68W. accompanies. The written CURVE TABLE property description supersedes the exhibit drawing. CURVE LENGTH RADIUS DELTA CHORD CH BEARING Cl 128.92' 1565.00' 04'43'11" 128.88' 502'19'02"E C2 42.39' 145.00' 16'45'00" 42.24' N40'35'33"E C3 58.98' 1590.00' 02'07'31" 58.97' NO1'01'12"W TIT�Tr CTTRVI V(lRC T1�T( PROJECT NO:2004295 DATE: 02/13/2007 14 747 08/ 6/ 0I7II'I I:0I P eldIII nI , CO III I'II CLIENT:FHU DWG:CE-25—DACONO VILLAGE 1597477 0R 0.0007 .00 Weld County, DRAWN: MCD CHECKED: SAL 15 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder III 11111111 1 1111111111111 III II III REAL PROPERTY TRANSFER DECLARATION GENERAL INFORMATION (TD-1000) PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025p (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by Law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. ..:. fl..* .....A.w m.,: .::: ..s= .... ,-......< - ,::::.. . .>..:. >-:- ..<..:::- ..:..:. - .:: .. , ,..... , , ... 1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers) VACANT LAND 2. T pe of property purchased: ❑ Single Family Residential ❑ Townhome -- Condominium ❑ Multi-Unit Res Commercial ❑ Industrial ❑ Agricultural ❑ Mixed Use x Vacant Land ❑ Other 3. Date of closing: September 19, 2007 Contract date: July 16, 2007 4. Total Sales Price: including all real and personal property. $20,675.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire urchase price will be assumed to be for the real property as per 39-13-102, C.R.S. 'jJ Yes '❑ No If yes, approximate value $ Describe 6. Did the total sate price include a trade or exchange of additional real or personal property? If yes, give the approx- imate value of the goods or services as of the date of closing. ❑ Yes ] No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes ] No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. ] Yes ] No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or setter are related. Related parties include ersons within the same family, business affiliates, or affiliated corporations. P] Yes ] No 9. Check any of the following that apply to the condition of the im rovements at the time of purchase. New E] Excellent E] Good E] Average ElFair Li Poor ❑ Salvage. If the property is financed, please complete the following. 10. Total amount financed. $ 11. T pe of financing: (Check all that apply) New ❑ Assumed ❑ Seller ❑ Third Party Combination; Explain 12. Terms: ] Variable; Starting interest rate ] Fixed; Interest rate Length of time years Balloon payment LJ Yes LJ No; Amount Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. :.:::::::..:...::..::.:::,::..S:..>:,.-:.,,::.:,>ta.>:::,:.:e xx::x ati::: M:M:.:::::<o•>:':Y a,axx::'s>:m::MS.:r:::>,::::::: .::z::a:;>:e:;.::M,:x»!::::= n;':'.; s:> x:::z::rarwc:s:>:s:: :>:: For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? ❑ Yes ❑ No If yes, franchise or license fee value? $ 15. Did the purchase price involve an installment Land contract? ❑ Yes ❑ No If yes, date of contract 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? ❑Yes ❑ No Remarks: Please include any additional information concerning the sale you may feet is important. 17. Si•n:d on this day of September 19, 2007 . Please designate buyer or seller. —1� Ho c� Mailing Address \ Signature off Grantee (Buyer 'XI or Grantor (Seller) ❑ COUNTY OF WELD, A BODY CORPORATE AND POLITIC 915 10TH STREET GREELEY, CO 80631 Daytime Phone Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25077315 (5401675) Sj DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that DACONO VILLAGE, LLC, A COLORADO LIMITED LIABILITY COMPANY, being all of the owners of certain property in Weld County, Colorado which is described in the attached Exhibit"A", do hereby dedicated forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances, except the existing easements and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil, gas and minerals if any and shall also retain any and all water rights currently attached or associated with the Right of Way. ROB RT C. SWENSO ANAGE CI1F'GI R/MEMBER O DACONO VILLAGE, LLC, A COLORADO LIMITED LIABILITY COMPANY Fs Ort C4 WO o VI/)nice 444 .M»avg6FQ State of Colorado) ) ss: County of Weld ) The foregoing instrument was acknowledged before me this day of September, 2007 by: Robert C. Swenson, Manager/Member of Dacono Village, LLC, a Colorado Limited Liability Company ^ scc�rle a r� .�wA6ER op Fs to�Gnwa t ll Witness my hand and official seal. li�ftp ,i`„., 1 N.. Notary Public irN..._...•..e( "I NOTARY My commission expires: • -f- ; PUBLIC ?O :' My Commission Expires:01130/2011 3''• . ;'O'. 512 Briggs •. OF COQ ' Erie,CC 80516 ..•"'• �41 111111111111111111 liii 111111 111111 11111 Ill 11111 LIII IIII ,;2 OO1 1-cam. 3508861 10/04/2007 03:31P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder or 2W Ai,L /6(K/ ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 11 - day of September, 2007. ATTEST: I" '"w"'7 O r' I COUNTY OF WELD, A BODY CLERK TO THE BOARD "Y t`', • COPRORATE AND POLITIC OF COUNTY COMMISSION r" T J \I THE STATE OF COLORADO OF THE COUNTY OF W 5i (71 By: By: Deputy Clerk the Board • David E. Long, Chair BOARD OF COUNTY COMMISSIONERS OF T E OF THE COUNTY OF W LD STATE OF COLORADO) )SS. COUNTY OF WELD ) n, The foregoing instrument was acknowledged before me this h day of September, 2007 by David E. Long, Chair, Bo Commissioners of the County of Weld. p p ••.•Us • �� Witness my hand and official seal. 1 MELINDA f / GUALANDRI l u'; 'o Notary Public F' p'OQP �w Cmnmium xpires: My commission expires: 10 I ) U — 111111111111 111111 II11 111111 111111 11111 III VIII IIII IIII 3508861 10/04/2007 03:31P Weld County, Co 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "A" PROPERTY DESCRIPTION (1 of 3) A parcel of land, for Weld County Road No. 13 (WCR13) Right-Of-Way, being a part of that parcel of land described in that Special Warranty Deed (SWD) recorded May 24, 2005 as Reception No. 3288644 and that Personal Representative's Deed (PRD) recorded May 24, 2005 as Reception No. 3288645 of the records of the Weld County Cleric and Recorder (WCCR), located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Twelve (12), Township One North (T.IN.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 12 and assuming the East line of the NE1/4 of said Section 12 as bearing South 00°02'33" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2656.80 feet with all other bearings contained herein relative thereto: THENCE South 00°02'33" West along the East line of the NE1/4 of said Section 12 a distance of 30.00 feet; THENCE North 89°46'29" West a distance of 30.00 feet to the intersection of the West Right-of-Way (ROW) line of said WCR13 as established by that accepted Road Viewer's Report (RVR) recorded April 18, 1884 in Book 48 at Page 109 of the records of the WCCR and the South ROW line of Weld County Road No. 12 (WCRl2) as established by that accepted RVR dated July 8, 1890, said point being the POINT OF BEGINNING; THENCE South 00°02'33" West along said West ROW line a distance of 1298.49 feet to the South line of the N1/2 NE1/4 of said Section 12; THENCE North 89°56'40" West along said South line a distance of 8.25 feet; THENCE North 04°40'38" West a distance of 199.79 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 128.92 feet, said curve having a radius of 1565.00 feet, a central angle of 04°43'11" and a long chord bearing North 02°19'02" West a distance of 128.88 feet to a Point of Tangency (PT), said point lying on a line being Thirty (30) feet, as measured at a right angle, West of and parallel with the West ROW line of WCR13; rip t'cr.,c; (-) '\‘tNA r° 1 111111 11111 1111111111 111111 111111 1111111111111111111 34995 3508861 10/04/2007 03:31P Weld County, CO / o' 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder S " t M:\2004295\property descriptions\ROW-25-PROP-DESC.doc ''0°4�.. atO Last printed 2/20/2007 3:20 PM (2 of 3) THENCE North 00°02'33" East along said line being 30 feet West of and parallel with said West ROW line a distance of 970.70 feet to the South ROW line of WCR12; THENCE South 89°46'29" East along said South ROW line a distance of 30.00 feet to the POINT OF BEGINNING. Said parcel contains 36,035 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. nO F£C c . G � �Fp per',, ��A9 A. t 34995 Op--1 o ,rt SO - , Steven. , d ehalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 111111111111111111 ���� 11111111111111111 ��� 11111 ���� 1111 3508861 10/04/2007 03:31P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\ROW-25-PROP-DESC.doc Last printed 2/20/2007 3:20 PM • I DACONO VILLAGE, LLC RIGHT-OF-WAY I NE% SEC. 1 2, T.1 N., R.68W. NORTHEAST CORNER I I (3 of 3) SEC. 12, T.1N., R.68W.--• =POINT OF COMMENCEMENT J — — IL _ _ WELD CO_UN7YRO4D_N_O. 12 — — POINT OF BEGINNING— — — — — — V L5 NORTH QUARTER CORNER E.�.4' sZa•RAA SEC. 12, 7.1N., R.68W. a 30' RIGHT—OF—WAY R7S8 AEC NO 1719_581 PER ACCEPTED ROAD VIEWER'S— 60' RIGHT—OF—WAY REPORT DATED 7-8-1890 PER ACCEPTED ROAD VIEWER'S REPORT 10' UNION RURAL ELECTRIC ASSOCIATION DATED 4-17-1884 EASEMENT.(18, B733 REC. NO. 1655015r RECORDED 4-18-1884 B48 P109 co o tr1 ElfilCOPT®.�pU/�ggllq &�A11,rtOL�Rp869LW� N • M �' RFC O. 18 O N I O'r_ o r` . I NOTE: This exhibit drawing is not intended to be a a' � monumented land survey. It's sole purpose is as a o .Q'NI graphic representation to oid in the visualization of ,d. P the written property description which it accompanies. w ro o riio The written property description supersedes the n N !� i exhibit drawing. o r CA Oi �l o 3 Eel c 200 100 0 200 Mml I I I 0 01 C) 1"= 200' O rn N Sze NO lssO0ata PAWL LARRY lAllkin m r" EDWARD R a@ EEC Ara .384773 ti qGbli T v: 34995 ZM-1 nab Nl�yp/Tal kR, �N SFry�l� -'-"Xo �. a.A.a.STA =.�i>p 'y°-LVjgNl. .e 6�e Steven ' , 8 behalf of King Surveyors, Inc. /fir EVIVIESTMEWT 21:A�.4W Colorado Professional PBC no. 02-za 88 Land Surveyor #34995 LINE TABLE POSSIBLE 85' BULL CANAL RIGHT-OF-WAY r �I LINE BEARING LENGTH NO VESTING DEED FOUND. / / L3 L1 800'02'33"W 30.00' L2 N89'46'29"W 30.00' °' " L3 N89'56'40"W 8.25' IINVANL 5. BLACK BEC. NO. 04111]]9 L4 NO4'40'38"W 199.79' A RBCTDRDED 15XE0PTICW EAST QUARTER CORNER L5 589'46'29"E 30.00' NO. 1467/2-'j18P-51" SEC. 12, T.1N., R.68W. REc Ara 112550672CURVE TABLE CURVE LENGTH RADIUS I DELTA CHORD CH BEARING Ct 128.92' 1565.00' 04'43'11" 128.88' NO2'19'02"W / T7TT.1r' 0TTTNTTT`< 7r"Tln TT. T� PROJECT NO:2004295 1111111 11111 111111 III IIInnn 111111 11111111 11111 EMI • DATE:I :FHUO2/1 /2007 '� CLIENT:FHU 3508861 10/04/2007 03:31P Weld County, CO I DWG:ROW-25—DACONO VILLAG 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DRAWN: MCD CHECKED: SAL MINIM 11111111111111 Milli REAL PROPERTY TRANSFER DECLARATION GENERAL INFORMATION (TD-1000) PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.5.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation rust be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025p (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 555 air.,w.wasd. ttrawmmowswwssxi _ ue«oder .mro.amamua< wsidawarratc"r adY“'imIw .mnexamowwswiwsdwasior+.wras. 1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers) VACANT LAND 2. yT pe of property purchased: ❑ Single Family Residential ❑ Townhome e Condominium ❑ Multi-Unit Res _J commercial O1 ED Agricultural ED Mixed Use )( Vacant Land ❑Other 3. Date of closing: September 19, 2007 Contract date: July 16, 2007 4. Total Sales Price: including all real and personal property. $20,675.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assured to be for the real property as per 39-13-102, C.R.S. ' Yes No If yes, approximate value S Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the appr0x- mute value of the goods or services as of the date of closing. ❑ Yes N❑ No If yes, value$ If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes 5fl No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. Z Yes ❑ No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include arsons within the same family, business affiliates, or affiliated corporations. Yes ❑Y No 9. Check any of the following that apply to the condition of the i rovements at the time of purchase. ] New ❑ Excellent ❑ Good ❑ Average ❑ Fair Li Poor ❑ Salvage. If the property is financed, please complete the following. 10. Total amount financed. S 11. Ape of financing: (Check all that apply) New ❑ Assumed E: Seller C Third Party C Combination; Explain 12. Terms: ] Variable; Starting interest rate ] Fixed; Interest rate Length of time years Balloon payment Lf Yes U No; Amount Due Date 13. Please explain any special terms, setter concessions, or financing and any other information that would help the assessor understand the terms of sale. usxsxoa For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? ❑ Yes ❑ No If yes, franchise or license fee value? S 15. Did the purchase price involve an installment land contract? ❑ Yes ❑ No If yes, date of contract 16. If this was a vacant land sate, was an on-site inspection of the property conducted by the buyer prior to the closing? Des ❑No Remarks: Please include any additional information concerning the sale you may feel is important. .. ,."w.w,s«.. esr�..raeseww. ,...,m,.wnv..a......s...zora�* $eee . .es. .aM..x...-ems». er osa: weno-wnver.ovwwnaw:w:m�m.m..re..w�mr .� . . 17. Si�d on this day of September 19, 2007 . Please designate buyer or seller. c4._\ A Mailing Address Signature of Grantee (Buyer 0 or Grantor (Seller) ❑ COUNTY OF WELD, A BODY CORPORATE AND POLITIC 915 IOTR STREET GREELEY, CD 80631 Daytime Phone Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25077315 (5401675) Hello