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Home My WebLink About20051212.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RICHARD RALPH 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 Weld 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 Richard Ralph, 6396 Weld County Road 8, Brighton, Colorado 80601, 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 Weld 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 Richard Ralph 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 18th day of April, A.D., 2005. BOARD OF COUNTY COMMISSIONERS La �� WELD COUNTY, COLORADO William H. J <e, Chair " o iid � Clerk to the Board n�l ft J. le, em ce�r..r Deputy Clerk to the Board Da ' E. ong AP D AS • --Ch Robe D. Masd ounty Atterney Glenn aad Date of signature: 5/4//©5- 2005-1212 EG0052 (1(1 ; Pai �L fG est7'-O- a .(7-e ce MEMORANDUM Wig C TO: Clerk to the Board DATE: April 13, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way For Certain Improvements to WCR 13 with Richard S. Ralph. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc 2005-1212 690 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN RICHARD S. RALPH AND WELD COUNTY, COLORADO THIS AGREEMENT is made this / / day of A0 I I ,2005,by and between Richard S.Ralph,whose address is 6396 Weld County road 8,Brightbn,Colorado 80601,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 Exhibit "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 on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Twelve Thousand One Hundred Fifty Four and no/100 ($12,154.00) dollars. This consideration is being offered in lieu of condemnation Page 1 of 3 Pages HUM 1111111111111111111111 �� 1111111 �� 11111 �� 3282690 05/03/2005 01:03P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ©a 5_ I a I a 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. 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 2005 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 reimburse the owner the sum of Four Thousand Five Hundred and no/100 ($4500.00)dollars for Owner secured partial acquisition appraisal. 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. Page 2 of 3 Pages 1111111 11111 11111 11111 1111111 III 1111111111 111111111 IIII 3282690 05/03/2005 01:03P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. �1 (Clatici k.) Richard S. Ralph, Owner ATTEST: Midi% ' 'BOARD OF COUNTY COMMISSIONERS ` j I `i WELD COUNTY, STATE OF �RADO Weld County Clerk to the Board ('86/ —4%14 C27 (41a By: / . // i °\V c Y: `L—t,� /L A I►eputy Clerk to the Board William H. Jerke, Chairman in 18 2i305 Page 3 of 3 Pages 111111111111 11111 111111111111 III 1111111 III 11111 IIII IIII 3282690 05/03/2005 01:03P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-19.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2673328, WELD COUNTY PUBLIC RECORDS,LOCATED IN THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6"'PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 19 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2"ALUM. CAP, L.S. 25937. -THE NORTHWEST CORNER OF WHICH BEING A 2.5"ALUM CAP,L.S 28258. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 19; THENCE N 00°06'35"W ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 19 A DISTANCE OF 939.69 FEET; THENCE S 89°44'45"E DEPARTING SAID WEST LINE A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N 00°06'35"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1680.69 FEET TO THE INTERSECTION OF SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 8; THENCE S 89°36'57"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8 A DISTANCE OF 30.00 FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE S 00°06'35"E ALONG A LINE LYING 30 FEET EASTERLY AND PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1680.62 FEET; THENCE N 89°44'45"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING 50,420 SQ.FT. OR 1.1575 ACRE MORE OR LESS. I,CHRISTOPHER H. McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. h , �'._ •.s� 111 CHRISTOPHER H.McELVAIN, / : 36561 -1'• PROFESSIONAL LAND SURVEYOR 2'o COLORADO REGISTRATION NO. 36561, 111 'l�Z/0y.:i FOR AND ON BEHALF OF 11� 'h.•....O4_it JeHN ENGINEERING,INC. � W _ 5855 WADSWORTH BYPASS#A-100 ARVADA, CO. 80003 1111111 11111 Hill 11111 1111111I I 11111111II 111111 I I I 11111 3282690 05/03/2005 01:03P Weld County, CO 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder • NW COR SEC 19 FOUND REBAR E X I I 3 I I V A P 1 REA • WITH 2 8, ALUM. CnP LS 28258, 1999 I 630 00' E ics 4 - - --- /30.00' F� 589'25'56'E /, Cy1j 589'71.90' SHEET 2 OF 2 s v 2613.85' 25]1.90' 608 M 0 CL N1/4 COR SEC 24 FOUND #6 REBARIa CI FOUND COR SEC 19 WITH 2-1/2" ALUM. CAP 30 �p'l0 #6 REBAR_ ALUM. [A Y LS 24305, 2001 WITH 2-1/2 CAP - ---- n LS 28656, 1993 "CD I ,� • a i omlm.'. a� = — co O 3 I X32 I . d O 07" H rc —00 In F �� $ —00 a I 0 --N • XOO ADDITIONAL RIGHT-OF-WAY as o OD ACQUISITION AREA 50,420 S.F. o — et @f� ME o PARCEL 19 • —cn la to O.N. FC25031301 S m o SI F 46919000047 0 150 300 0 RICHARD S. RALPH immimm6396 WELD CO. RD. 8 (JO: I BRIGHTON, CO. 80601 ,�� 3:•: REC NO 2673328 1 INCH = 300 FEET E; e DATE: 9.7.04 i(3%o aOD 0 into - z� , Li i 1 0 561 n. 5 ROXY F. VENDENA _ 2•:0:.VPS 894445' E - • I ti �� "'X _� 30.00' \��`� .' N 89'44'45' W PANT OF BEGINNING NOTE: THIS IS NOT A LAND SURVEY PLAT OR m IMPROVEMENT SURVEY PLAT. NO MONUMENTS WERE SET FOR THE PREPARATION OF LOT I THE ATTACHED LEGAL DESCRIPTION. MOUNTAIN NEW ESTATES EXHIBIT MAP A MINOR SUBDIVISION PLAT • 3 WELD COUNTY ROAD 13 t"' DEBRA DORMAN RICHARD S. RALPH o NW 1/4 SEC 19, T.1N., R.67W. 6TH PM, COUNTY OF WELD, STATE OF COLORADO z ACQUISITION AREA 50,420 S.F. 61/4 COR SEC 19 • • FOUND #6 REBAR 9.7.04 I DEED DESCRIPTION WITH 3-1/4" ALUM. CAP LS 7242. 1994 JN. 1528-03-070.01 I 3070-DD-19 40- N89'52'30 W 589'44'46_E Il S J e H N - _- 2624.35' - POINT OF 5235.43' - �11 - C1/4 CDR SEC 24 (COMMENCEMENT FOUND #6 REBAR • Wt/4 COR SEC 19 t-- WITH 2" ALUM. CAP FOUND #6 REBAR ., ENGINEERING OU• LS 25937, 1997 WITH 2 ALUM. CAP DEBRA DORMAN 6119 5855 WADSW0RTH080003 BYPASS. 100 I LS 25937, 1997 AHVADA,CO 80003JOHN P. WOLKENI �'''- PH.1303)423.6036 FAX(303)467-9938 WWWJEHNENGINEERING.COM Co . 768 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that RICHARD S. RALPH, of 6396 Weld County Road 8, Brighton, CO 80601,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 any and all water rights currently attached or associated with the Right of of Way. Richard S. Ralph State of Colorado) ss: County of ) f4� The foregoing instrument was acknowledged before me this 2 day of June, 2005 by: Richard S. Ralph. Witness my hand and official seal. Ry P..e./ G MELINDA ^ Notary Public v GUALANDRI em My commission expires: Ot ( -0 qrF.. ......•••0 COVOQ My Commission xgrW:— --- 1111111 11111 11111 111111 11111 IIII 1111111 III VIII IIII IIII 3293768 06/10/2005 01:05P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder .);;a5-/c2/02 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). VE. � 1? �` `+ Dated this l day of 1 A� 2005. 1861 t(J�'`Q..rj ;: lastadal COUNTY OF WELD, A BODY H THE BOARD OF COPRORATE AND POLITIC OF �?/ COMMISSIONERS THE STATE OF COLORADO ' E COUNTY OF WE D By:�7G1Lt By: � ' 7, Deputy Cler to the Board William H. Jerke, Chair BOARD OF COUNTY COMMISSIONERS OF THE OF THE COUNTY OF WELD STATE OF COLORADO) )SS. COUNTY OF WELD ) - The foregoing instrument was acknowledged before me this r day of ( i iv 1 C \_ 2005 by William H. Jerke, Chair, Board of County Commissioners of the County o Weld. Witness my hand and official seal. OtPPY••PUB(c -11JY _� _ MELINDA Notary Public � GUALANDRI .• 1 yj•. My commission expires: `1 L k) Otc F pF' Q�Oa`� Conenissicn xnires: kL'!L" I)M'iJLhhh' IIIIIIIIIIIIIIIIIIIVIIIIIIiI'll01:05P Weld Cot 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-I9.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO.2673328,WELD COUNTY PUBLIC RECORDS,LOCATED IN THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6T"PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 19 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2"ALUM. CAP, L.S. 25937. -THE NORTHWEST CORNER OF WHICH BEING A 2.5"ALUM CAP,L.S 28258. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 19; THENCE N 00°06'35"W ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 19 A DISTANCE OF 939.69 FEET; THENCE S 89°44'45"E DEPARTING SAID WEST LINE A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N 00°06'35"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1680.69 FEET TO THE INTERSECTION OF SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 8; THENCE S 89°36'57"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8 A DISTANCE OF 30.00 FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE S 00°06'35"E ALONG A LINE LYING 30 FEET EASTERLY AND PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1680.62 FEET; THENCE N 89°44'45"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING 50,420 SQ.FT.OR 1.1575 ACRE MORE OR LESS. I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. dam, p p ^` S 1 i r• CHRISTOPHER H.McELVAIN, j/ ;� 36561 z:: PROFESSIONAL LAND SURVEYOR �j if COLORADO REGISTRATION NO.36561, II$%tit/0y/S� FOR AND ON BEHALF OF 111 'GkgL '' '� JeHN ENGINEERING,INC. � � r- 5855 WADSWORTH BYPASS#A-100 ARVADA, CO. 80003 MIIIUMNItrIlatIIIIAllIIIFIIIIIIII 3293768 06110120 oreno 3 of 4 R 0.00 0 0.00 Steve M Clerk . r • NW CDR SEC 19 E X H I I V1 AP P A FOUND p6 REBAR • NTH 2 1/2' ALUM. CAP 89'36'57 E LS 28258, 1999 30.00' E n� 0 589.25561E _ OOH _; S89'36'57'E SHEET 2 OF 2 2613.85' 2571.90' N1/4 COR SEC 24 N1/4 COR SEC 19 FOUNDWITH 1 REBAR SO 3 FOUND p6 REBAR LS 2 43055,20 . 2001 2" ALUM. CAP 1 WITH 2-1/2" ALUM. CAP LS 2 z 3 - IS 26656, 1993 pOn .. pin -§mWlm : 4 I 3 it 5 I a ._.8 cn ADDITIONAL RIGHT—OF—WAY VD ACQUIS1110N AREA 50,420 S.F. PARCEL 19 I. c O.N. FC25031301 146919000047 0 150 300 RICHARD S. RALPH .c 11,2. WELD CO. RD. 8 BRIGHTON, CO. 80601 p'N REC NO 2673328 1 INCH = 300 FEET g 14 DATE: 9.7.04 l . ,o min I=-' 2 i • 0••P Io•en i°561 ROXY F. VENDENA Mb =•,O ae L .L. 11 • tel 5 89'44'45" E r - 1 t.AN0 5� 30.00, - ``��.�.. {1 :N 89'44'45' W PANT OF ..--7 I iI BEGINNING 1 ' _o,I , • NOTE nI THIS IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT. NO MONUMENTS ml WERE SET FOR THE PREPARATION OF I LOT I THE ATTACHED LEGAL DESCRIPTION. MOUNTAIN NEW ESTATES EXHIBIT MAP A MINOR SUBDINSION PLAT Ia WELD COUNTY ROAD 13 Iii DORMAN - RICHARD S. RALPH, NW 1/4 SEC 19, T.1N., R.67W. 6TH PM, :°. COUNTY OF WELD, STAlE OF COLORADO r--_- --- I ACQUISITION AREA 50,420 S.F. E1/4 COR SEC is FOUND p6 REBAR 7 3-1/C. 19 ALUM CAP 9.7.04 I DEED DESCRIPTION LS 7242' 1994 JN. 1528-03-070.01 I 3070-DD-19 imi /� N89'52 J0 W SB9'35.43'E ,IL�I _ i e H N_ y +_—_9'52'35' POINT OF 5275.A' 'II, \I Cl/4 COR SEC 24 ICOIAMENCEMENT I FOUND #6 REBAR W1/a COR SEC 19 ENGINEERING J-• WITH 2" ALUM. CAP FOUND p6 REBAR -- LS 25937. 1997 • WITH 2' ALUM. CAP DEBRA DORMAN �,j,9e, b BYPASS. 5855 WADSWORIH BY5.A-I LS 25937, 1997 APVADA.CD BD CO3 JOHN P. WOLKEN `' PH.P031 an-6036 1613031467-9,JB WAWJEHNBNGNllRNG COM 111111 11111 11111 111111 11111 11111111111 III 11111 1111 1111 3293768 06/10/2005 01:05P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • 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 (setter) 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. ..o......n.w'<u:.3'Pfa5NS WF'T<i.S.GkngF'� IAGY:6At489dflU' .''pAOAmkb:Ab'bPm'C�'P.n.Ai'. p:.*£'.S`:¢Id?.5.b:'w"m`.&`.Af:OS.d.%&.69UPAYRi.�*e o- n n .rn . ...e ae.we • 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 e Condominium E] Multi-UnitRes Commercial E: Industrial EE Agricultural E] Mixed Use X Vacant Land ❑ Other 3. Date of closing: June 02, 2005 Contract date: 4. Total Sales Price: including all real and personal property. $12,154.00 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. Yes ❑ No If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the 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 ❑X 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 seller are related. Related parties include ersons within the same family, business affiliates, or affiliated corporations. Yes ® No 9. Check any of the following that apply to the condition of the im rovements at the time of purchase. E] New ❑ Excellent E] Good E] Average E] Fair UU Poor ❑ Salvage. If the property is financed, please complete the following. I 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 U Yes U 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. AaWarafaIWAS 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 ❑X No If yes, franchise or License fee value? $ 15. Did the purchase price involve an installment land contract? ❑ Yes ❑X 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? ❑X Yes ❑ No Remarks: Please include any additional information concerning the sale you may feel is important. .::N.:.*X*:a.1.e;.eoxa a:a;:«.revax wau 0varvz:~Ai.21;.1:.asap :180.30:War.akeaane00,12W412031XON :1 AR W4, 17. Signed on this day of June 02, 2005 . Please designate buyer or seller. Mailing Address Signature of Grantee (Buyer) U or Grantor (Seller) ❑ COUNTY OF WELD P.O. BOX 758, C/O LEON SIEVERS-PUBLIC WORKS GREELEY, CO 80632 Daytime Phone Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25031301 (1791546) Ili' LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 2170 35TH AVE 11D "PURCHASERS" GREELEY, CO 80634 Land Title GuA0..1NTEE COMMNY PROPERTY ADDRESS: 6396 WELD COUNTY ROAD 8 BRIGHTON CO 80601 SELLER(S) : RICHARD S. RALPH BUYER(S) : COUNTY OF WELD SETTLEMENT DATE: June 02, 2005 DATE OF PRORATION: June 02, 2005 ITEM DESCRIPTION Debit Credit Sales Price 12,154. 00 Alta Owners Policy 10-17-92 193. 00 Current Property Taxes 01/01/05-06/02/05 ® $0. 0091 1.39 Closing Fee LAND TITLE GUARANTEE COMPANY 200. 00 REIMBURSEMENT FOR PARTIAL ACQUISITION APPRAISAL 4,500. 00 **** SubTotals **** 17, 047. 00 1.39 Due From Buyer/Borrower 17, 045. 61 Totals 17, 047. 00 17, 047. 00 The above figures do not include sales or use taxes on property. APPROVED AND ACCEPTED PURCHASER(S) : REAL ESTATE BRORER(S) COONTY OF WELD,/`/ ,ABODY CORPORATE AND POLITIC By: 1 / WILLIAM H. JHREE, CHAIR LAND TITLE CLOSING �AGENT: • Melinda Gualandri ESCROW NO. : OR25031301 COMMITMENT NO. : ➢C25031301 Form 347 LTOl The printed portion of this form is approved by the Colorado Real Estate Commission (9E-60-7-72) 02605"-/o/O? PURCHASER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. PC25031301 Escrow No. OR25031301 State of Colorado, County of WELD RE: Real property and improvements located at: 6396 WELD COUNTY ROAD 8 BRIGHTON CO 80601 in the County of WELD State of Colorado, and more particularly described as follows: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF • Whereas, Land Title Guarantee Company has issued its Commitment No. PC25031301 covering said property, The Undersigned, Purchaser of the Real Estate and improvements located on the herein described property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with the property described in said commitment, do hereby make the following representations to Land Title Guarantee Company, with full knowledge and intent that said company shall rely thereon: 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the undersigned who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made. Further, there are no liens or encumbrances recorded or unrecorded affecting the subject property. 3. That, except as shown in the above-referenced commitment, there are no liens or encumbrances of any kind, recorded or unrecorded, affecting the subject property. 4. That there has been no architectural service or other work of any kind, contracted for or otherwise ordered by the undersigned, within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, undersigned is required to attach a description of same with the corresponding payment information. 5. That the purchaser(s) have or will take possession of the premises on or about June 02, 2005 6. That the full purchase price has been paid by said purchaser(s) to said Owner-Seller. 7. The undersigned further understands that the payoff of any liens, mortgages, deeds of trust, etc., is based on written payoff figures obtained from the lien holder and agrees that, in the event Land Title Guarantee Company is notified by the lien holder that the payoff is insufficient to render the loan paid in full, the undersigned shall, upon notification by Land Title Guarantee Company, immediately tender the amount o f f�Inds necessary to complete the payoff. x There are no existing leases or tenancies affecting said property. If any deed of trust recorded against my property secures an open line of credit or a revolving line of credit, I/we affirm that I/we have not drawn additional funds from the line of credit since the date of the payoff statement from my/our lender to Land Title Guarantee Company. I/We further agree and affirm that I/we will not make any further draws on the line of credit after the date of this affidavit. I/We further affirm that I/we have not taken out any loans against our property other than those shown on the above referenced commitment number. In light of the foregoing facts and representations, the undersigned, in consideration of the issuance by Land Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, losses, damages, expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of litigation arising out of any inaccuracies in the above representations. Owner(s) Forwarding Address: P.O. BOX 758, C/O LEON SIEVHRS-PUBLIC WOMBS COUNTY OF WELD, A BODY CORPORATE AND POLITIC GREELEY, CO 80632 STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged before ARY P me on this day of June 02, 2005 , By:• ,� p�...................!h� WILLIAM H.THRICE, CHAIR MELINDA GUALANDRI by COUNTY or WELD Ors. si(40 Witness my hand and official seal. r'Y Cy t My commission expires: 1O.1")•Ole pn,rmmnissipn Expires: Form 491 AFP.PUR 11/14/03 FINAL AFFIDAVIT i AGREEMENT (Purchaser) Notary Public Printed: June 01, 2005 EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2673328, WELD COUNTY PUBLIC RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 19 BEARS NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2" ALUM. CAP, L.S. 25937. -THE NORTHWEST CORNER OF WHICH BEING A 2 .5" ALUM. CAP, L.S. 28258. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 19; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 19 A DISTANCE OF 939.69 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 45 SECONDS EAST DEPARTING SAID WEST LINE A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1680.69 FEET TO THE INTERSECTION OF SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 8; THENCE SOUTH 89 DEGREES 36 MINUTES 57 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY OF WELD COUNTY ROAD 8 A DISTANCE OF 30.00 FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 00 DEGREES 06 MINUTES 35 SECONDS EAST ALONG A LINE LYING 30 FEET EASTERLY AND PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1680.62 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 45 SECONDS WEST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. Form EXHIBITA 01/17/03 F025031301 SELLER-OWNER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. PC25031301 Escrow No. GR25031301 State of Colorado, County of WELD RE: Real property and improvements located at: 6396 WELD COUNTY ROAD 8 BRIGHTON CO 80601 in the County of WELD State of Colorado, more particularly described as follows: SEE EXHIBIT 'A, ATTACHED HERETO AND MADE A PART HEREOF Whereas, Land Title Guarantee Company has issued its Commitment No. PC25031301 covering said property, The Undersigned, Owner-Seller of the Real Estate and improvements located on the herein described property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with the property described in said commitment, do hereby make the following representations to Land Title Guarantee Company, with full knowledge and intent that said company shall rely thereon: 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the undersigned who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made. 3. That, except as shown in the above-referenced commitment, there are no liens or encumbrances of any kind, recorded or unrecorded, affecting the subject property. 4. That there has been no architectural service or other work of any kind, contracted for or otherwise ordered by the undersigned, within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, undersigned is required to attach a description of same with the corresponding payment information. 5. That all improvements constructed on the real estate herein described were completed on or before June 02, 2005 • 6. That all fees, assessments and charges of the homeowners association having jurisdiction over the above described property, if applicable, are current at this time. 7. The undersigned further understands that the payoff of any liens, mortgages, deeds of trust, etc., is based on written payoff figures obtained from the lien holder and agrees that, in the event Land Title Guarantee Company is notified by the lien holder that the payoff is insufficient to render the loan paid in full, the undersigned shall, upon notification by Land Title Guarantee Company, immediately tender the amount of funds necessary to complete the payoff. There are no existing leases or tenancies affecting said property. If any deed of trust recorded against my property secures an open line of credit or a revolving line of credit, I/we affirm that I/we have not drawn additional funds from the line of credit since the date of the payoff statement from my/our lender to Land Title Guarantee Company. I/We further agree and affirm that I/we will not make any further draws on the line of credit after the date of this affidavit. I/We further affirm that I/we have not taken out any loans against our property other than those shown on the above referenced commitment number. In light of the foregoing facts and representations, the undersigned, in consideration of the issuance by Land Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, losses, damages, expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of litigation arising out of any inaccuracies inthe above repre ntations. Seller(s) Forwarding Address: B�`� �cji.lQl• 6396 WELD COUNTY ROAD 8 BRIGHTON CO 80601 RICHARD E. RALPH STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged before me on this day of June 02, 2005 t's . .... %%A .. C 4 MELINDA �? by RICHARD H. RALPH GUALANDRI IS yam•.• ::10-• Witness my hand and official seal. - lF .........�_ Form 492 APP.SELL 04/04 Notary Public Myconmissimi min: EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2673328, WELD COUNTY PUBLIC RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 19 BEARS NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2" ALUM. CAP, L.S. 25937. -THE NORTHWEST CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 28258. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 19; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 19 A DISTANCE OF 939.69 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 45 SECONDS EAST DEPARTING SAID WEST LINE A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1680.69 FEET TO THE INTERSECTION OF SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 8; THENCE SOUTH 89 DEGREES 36 MINUTES 57 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY OF WELD COUNTY ROAD 8 A DISTANCE OF 30.00 FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 00 DEGREES 06 MINUTES 35 SECONDS EAST ALONG A LINE LYING 30 FEET EASTERLY AND PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1680.62 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 45 SECONDS WEST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. Form EXHIBITA 01/17/03 FC25031301 • The printed portions of this form have been approved by the Colorado Real Estate Commission(CL8-9-95). CLOSING INSTRUCTIONS THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES-THE PARTIES SHOULD CONSULT LEGAL, TAX OR OTHER COUNSEL BEFORE SIGNING TO: LAND TITLE GUARANTEE COMPANY DATE: June 02, 2005 ESCROW NO. CR25031301 TITLE NO. FC25031301 1. RICHARD S. RALPH SELLER(S)and COUNTY OF WELD BUYER(s)engage LAND TITLE GUARANTEE COMPANY Closing Company,who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of WELD ,Colorado,to wit: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF also known and numbered as: 6396 WELD COUNTY ROAD 8 BRIGHTON CO 80601 2. Closing Company is authorized to obtain information,and agrees to prepare, obtain,deliver and record all documents,excluding preparation of legal documents,necessary to carry out the terms and conditions of the Contract to Buy and Sell Real Estate,dated ,with any counterproposals and amendments attached(Contract). 3. Closing Company will receive a fee not to exceed $200.00 for providing these closing and settlement services to be the expense of PAID BY BUYER. 4. Closing Company is authorized to receive funds and to disburse when all funds received are either: available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn['Good Funds"]. 5. Closing Company is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds,except as provided in Sections 10 and 11. 6. Closing Company shall disburse all funds, including real estate commissions,except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. Seller will receive the net proceeds of closing as indicated:[ Cashier's check at seller's expense.[ Funds electronically transferred(wire transfer) to an account specified by the Seller,at Seller's expense;or [ Closing Company's trust account check. 8.Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to complete this transaction. 9. Closing Company will prepare and deliver an accurate,complete and detailed closing statement to Buyer and Seller at time of closing. 10. If closing does not occur,Closing Company,except as provided herein, is authorized and agrees to return all documents,monies,and things of value to the depositing party and Closing Company will be relieved from any further duty, responsibility or liability in connection with these instructions. In addition,any promissory note,deed of trust,or other evidence of indebtedness signed by Buyer,shall be voided by Closing Company,with the original(s) returned to the Buyer and a copy to Buyer's lender. l I. If any conflicting demands are made on the Closing Company,at its sole discretion,Closing Company may hold any monies,documents,and things of value received from any party except Buyer's lender.Closing Company shall retain such items until(1)receipt of mutal written instruction from Buyer and Seller; or(2)until a civil action between Buyer and Seller shall have been resolved in a Court of competent jurisdiction;or(3)in the alternative,Closing Company may, in its sole discretion,commence a civil action to interplead,or, interplead in any existing civil action,any documents, monies or other things of value received by Closing Company.Such deposit with the Court shall relieve Closing Company of all further liability and responsibility and Closing Company shall be entitled to all court costs and reasonable attorneys' fees. 12. These closing instructions may be only amended or terminated by written instructions signed by Buyer,Seller and Closing Company. 13. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller either(a)is a foreign person or(b)will not be a Colorado resident after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 14. Special Instructions: 15. These Closing Instructions may be executed by each Buyer, Seller and Closing Company individually and when each Buyer,Seller and Closing Company has executed a copy of these Closing Instructions, such copies taken together shall be deemed to be a full and complete contract between the parties. LAND TITLE GUARANTEE GUARANNTEE COMPANY APPROVED AND ACCEPTED on this day of June oz, zoos By:J�^Y..6�14�1-�� Closing Agent SELLS 1 n Il PORCBASBR(9) By: • BL/ Itl//\� COUNTY OF WELD, A BODY CORPORATE AND POLITIC RICHARD S. RALPH By: `I WILLIAM H. JERKS, CHAIR Form 366 CL.INS 12/08/03 CLOSING INSTRUCTIONS GR25031301 EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2673328, WELD COUNTY PUBLIC RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 19 BEARS NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2" ALUM. CAP, L.S. 25937. -THE NORTHWEST CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 28258. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 19; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 19 A DISTANCE OF 939.69 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 45 SECONDS EAST DEPARTING SAID WEST LINE A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1680.69 FEET TO THE INTERSECTION OF SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 8; THENCE SOUTH 89 DEGREES 36 MINUTES 57 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY OF WELD COUNTY ROAD 8 A DISTANCE OF 30.00 FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 00 DEGREES 06 MINUTES 35 SECONDS EAST ALONG A LINE LYING 30 FEET EASTERLY AND PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1680.62 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 45 SECONDS WEST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. Form EXHIBITA 01/17/03 F025031301 AGREEMENT FOR TAP FEES It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as 6396 WELD COUNTY ROAD 8 BRIGHTON CO 80601 that the water/sewer tap fees and/or any water availability fees have been addressed as of this date on the basis of: VACANT LAND - (X) Well and septic - no adjustment required and no related fees are due and owing. ( ) Water/sewer tap fees and/or any water availability fees or assessments have been paid in full by Land Title Guarantee Company or its underwriter does not guarantee the sufficiency of said payment and will not be responsible should additional fees be owing or become due. ( ) Water/sewer tap fees and/or any water availability fees or assessments are still outstanding and have not been paid. Payment for said fees shall be paid at closing by Land Title Guarantee Company or its underwriter does not guarantee the sufficiency of said payment and will not be responsible should additional fees be owing or become due. ( ) Water/sewer tap fees and/or any water availability fees or assessments have not been paid but will be paid by outside of closing. Before said fees become delinquent: will cause said fees to be paid in full and shall cause the above referenced property to be thereby freed from any lien or discontinuance of service due to non-payment of fees. NEW CONSTRUCTION - ( ) Water/sewer tap fees and/or any water availability fees or assessments have been paid in full by Land Title Guarantee Company or its underwriter does not guarantee the sufficiency of said payment and will not be responsible should additional fees be owing or become due. (X) Well and septic - no adjustment required and no related fees are due and owing. FURTHER, Seller acknowledges that there is is not X currently a formal or informal homeowners/landowners association which may require periodic assessments and other fees as a result of this transaction. If there is an association heretofore not known to the settlement agent and/or seller's agent, Land Title Guarantee Company shall escrow finds from seller pending receipt of a written status letter from the association. This agreement made on June 02, 2005 B� N• ��_ COUNTY OF WELD, A BODY CORPORATE AND POLITIC RICHARD S. RALPH By: it-1 ) WILLIAM H.JERICE, CHAIR Form 530 01/17/03 TAP.FEES GR25031301 AGREEMENT FOR TAXES It is hereby understood and agreed between the Buyer(s) and Seller(s) of property known as: 6396 VELD COUNTY RQ4D 8 BRICHTCN CO 80601 that the taxes for the current year have been adjusted as of this date on the basis of: ( ) General taxes for the year of closing, based on the most recent levy and the most recent assessment certified by the county is Figures were obtained by telephone from the County Assessors office and Land Title Guarantee Company assumes no responsibility or any liability in the event the County Assessor misquoted the assessments and/or mill levy figures. Any adjustment shall be made between the Buyer(s) and Seller(s) if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for this re-adjustment or any liability in connection therewith. ( X ) Estimate for 2005 taxes of $3. 33 ( ) Taxes based on percent of in the amount of ( ) and shall be ( ) A final settlement. ( X ) Re-adjusted between the Buyer(s) and Seller(s) as soon as the taxes have been billed by the County Treasurer. If a re-adjustment is necessary, Land Title Guarantee Company will not make or be responsible for this re-adjustment. It is further understood and agreed between the Buyer(s) and Seller(s) that ( ) No governmental body taxing authority has certified an assessment lien to the County Treasurer for special improvements installed prior to the date of the Buyers execution of the Agreement for Purchase. ( ) Special improvements now in and being paid in annual installments are to be assumed by the Buyer(s), with current annual assessments in the amount of , with the total payoff amount of this assessment being This assessment will be fully paid on Note: Land Title Guarantee Company and/or its underwriter assumes no responsibility or any liability for the adjustment of special taxes on assessments unless they are shown on the County Treasurer's Certificate of Taxes Due. Any adjustment shall be made between the Buyer(s) and Seller(s), if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for the re-adjustment or liability in connection therewith. This Agreement made and executed this day of J une 02, 2005 BUYER(S) SEL R(S) /4 COUNTY OP WELD, A BODY CORPCHATH AND POLITIC By: RICHARD S. RALPH By: P WILLIAM H. JERKS, CHAIR Porm 274 (00/25/03) BST/ADJUST Fc25031301 DISCLOSURE The undersigned hereby acknowledge that they understand and agree to the following provisions: 1. Laws Relating to Unclaimed Funds. All parties are hereby advised that checks issued by Land Tide and not cashed by payee are subject to laws of escheat and/or unclaimed property laws. Should Land Title transfer such funds to a state office, Land Title shall be released from all further responsibility under this Agreement and shall not be liable to any Party so long as such payment was made pursuant to applicable law. 2. Funds Held by Land Title. Land Title shall keep all funds deposited pursuant to any closing and settlement services separate and apart from the assets of the company, in an account designated as an escrow account or custodial account and so recognized by the depository institution. The undersigned hereby acknowledge that funds held by Land Tide may generate earnings and understand and agree that such earnings will be retained by Land Title. 3. FDIC Limit Notice. The insurance coverage provided by the Federal Deposit Insurance Corporation protects a depositor up to a cumulative maximum deposit of $100,000.00 for each insured financial institution. Ownership is determined by the deposit records of the financial institution and/or the records of the named custodian of any escrow accounts. Land Title and its underwriter assume no responsibility for nor will the undersigned hold same liable for any loss which arises from the fact that the amount of the above deposit may cause the aggregate amount of any individual depositor's accounts to exceed $100,000.00 Bellezfa) Buyer(s)/BozroWer(a) BY COUNTY OF WELD, A BODY CORPORATE AND POLITIC RICHARD E. RALPH By: i 1s�1 �( WILLIAM H. JBRER, CHAIR Date: June 02, 2005 Form 368 05/29/03 DIBCLOSUR8.4.0 25031301 Hello