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Home My WebLink About20050297.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - ROBERT GALBASIN, E. MARIE AND JORDAN GUTIERREZ 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 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 Robert Galbasin, and E. Marie and Jordan Gutierrez, 4580 Augusta Drive, Broomfield, Colorado 80020, 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 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 Robert Galbasin, and E. Marie and Jordan Gutierrez be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and any necessary documents. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 24th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS E r%` WELD COUNTY, COLORADO • �r:�: ;� - � �4j % y l 1861 ( ^''% 1 William H. Jer e, Chair ••);;;;;$ o ,;V4 lerk to the Board •O M. J. , Pro-Tem CCDeputy Clerk t• he Board David E. Long APPROVED AS TO F EXCUSED Robe . Masde7 unty Attorn y 4 C _ Glenn Vaad Date of signature: d,22.454,5 2005-0297 EG0052 cc ; P�J, /��, Pi_ a-68-a3-- t(to( i \ MEMORANDUM CTO: Clerk to the Board DATE: January 19, 2005 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 13 with Robert A. Galbasin, E. Marie Gutierrez, and Jordan J. Gutierrez. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc , .71 NJ 0- 2005-0297 087 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN ROBERT A. GALBASIN, E. MARIE GUTIERREZ AND JORDAN J. GUTIERREZ AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 10 day of S/tr. ,2005,by and between Robert A. Galbasin, E. Marie Gutierrez and Jordan J. Gutierrez, whose address is 4580 Augusta Drive, Broomfield, Colorado 80020, 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 Six Thousand Five Hundred and no/100($6500.00) dollars. This consideration is being offered in lieu of condemnation Page 1 of 3 Pages 11111111111111111 11111 111111 llll 111111111BENIN' 3259087 02/04/2005 04:33P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2aos-o 9'7 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. 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 1 111111 11111 11111 11111 HUHU 111111111 11111 3259087 02/04/2005 04:33P 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. WA.e A. Galbas' , caner E. Marie Gutierrez, Owner Jord J. GutierreiOOwner t .,- !., '(ei ‘ e'!/r/G BOARD OF COUNTY COMMISSIONERS 'p' I` - / OF WELD COUNTY, STATE OF tsbt (' c°y'�� f�� 611 COLORADO I� J,'!`% .�:� erk to the Board It r i 1 By: 1 �� /if; BY: -W...o Deputy C lerk t the oard William H. Jerke, Chairman JAN 24Kr Page 3 of 3 Pages 111111111111 11111 111111111111 1111 111111 III VIII IIII I'll 3259087 02/04/2005 04:33P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 04>y� cp©OS— EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-21 A.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6m 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 SOUTHWEST 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 SOUTHWEST CORNER OF WHICH BEING A 2.5"ALUM CAP,L.S. 24305. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 19; THENCE N 00°06'35"W ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 19 A DISTANCE OF 30.00 FEET; THENCE S 89°51'41"E A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE N 00°06'35"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1060.04 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BULL CANAL AS RECORDED AT RECEPTION NO. 1952226,WELD COUNTY PUBLIC RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO(2) COURSES: 1) N 74°08'54"E A DISTANCE OF 11.13 FEET; 2) N 85°08'55"E A DISTANCE OF 19.35 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 RUNNING PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1064.79 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE N 89°51'41"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING 31,893 SQ.FT. OR 0.7322 ACRES 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 SUPERVI CHECKING. cp. RG/ T CHRISTOPHER H.McELVAIN, y'" // V\a PROFESSIONAL LAND SURVEYOR 3g981 z:o COLORADO REGIS I_RATION NO. 36561, u > FOR AND ON BEHALF OF ///47 JeHN ENGINEERING,INC. �S • ..... • `3" 5855 WADSWORTH BYPASS#A-100 S4 NAI- LP* ARVADA, CO. 80003 1111111 11111 11111 111111 1111111111 111111 I I 11111 1111IIII 3259087 02/04/2005 04:33P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I EXHI3IT V AP A BRAD A. LINKUS W1/4 COR SEC 19 FOUND #6 REBAR 1 WITH 2" ALUM. CAP W S L5 2593], 199] SHEET 2 OF 2 -Ir N2624.35' - 5235.43'E i - C1/4 COR SEC 24 I i` E1/4 CDR SEC 19 FOUND #6 REBAR FOUND /6 REBAR : WITH 3-1/4" ALUM. CAP VA TH 2" ALUM. CAP LS 7242. 1994 I R 254117 1997 Z J DEBRA DORMAN 0 3 — u a - 0 2 w o arm-C2 ICI 3 w iIi i -a' m z =V F :i ,,- r , C♦ C _ L p N q1 .. XO 32 = m E_g I —d a6 I _n • N m-oo I 0miml 150 300 =oo �m DEBRA DORMAN io INco S P ! 1 INCH = 300 FEET o S C, —oo c ZI �o� SHOULA & YONGGE VUE ? DATE: 9.9.04 o to v —m i =o N 74'08'54 85'08'55' E __a Is xw_ _-- row A\1 1 Y:13' 19.35' J �� R ...4i �� all I if r`• 111 I, I 36561 2.:• i •2 ofr 30 60'30 In C° it(4"�/40Y. / P ig O tt "`VAl LAN)J 8 :. w NOTE: y\'�\-40,;,....".4-". ADDITIONAL RIGHT-OF-WAY THIS IS NOT A LAND SURVEY PLAT OR ACQUISITION TOTAL AREA 31,893 S.F. IMPROVEMENT SURVEY PLAT. NO MONUMENTS I I WERE SET FOR THE PREPARATION OF � � PARCEL 21A THE ATTACHED LEGAL DESCRIPTION. ? O.N. pending SHOULA & YONGGE VUE o • ROBERT A., GALBASIN EXHIBIT MAP A O 10:,: n BRIGHTON, FN, ca ST. WELD COUNTY ROAD 13 i' BRIGHTON, CO. 80602 S !_;, o REC. NO. 3182308 ROBERT A.. GALBA$Ily a SW 1/4 SEC 19, T.1N., R.67W. 6Th PM, COUNTY OF WELD, STATE OF COLORADO ACQUISITION AREA 31,893 S.F. POINT OF Ig VD/4 D°s REBAR 9.9.04 DEED DESCRIPTION BEGINNING N 89'51'41• W WITH 2" ALUM. CAP 30.00' LS 29425. 2000 IN R . JN. 1528-03-070.01 3070-DD-21A S 89'51'4J" E 30.00 — 589'40'41"W N89_51'41"W 2611133.89' 263530 00' it Wen 8 ii f I� ° s X17_. J e H N POINT OF / N °0'06'35" W SW COR SEC C"j ENGINEERING)=•51/4 CDR SEC 24 b n SO COR SEC 19 FOUND #6 REBAR i° n FOUND 1" PIN WITH �- 5855 WA06WDHTX BrvA66,A-100 WITH 2" ALUM. CAP 'II,p 2 1/2 ALUM. CAP ARVADA.CO 80003 LS 25937, 1997 IN R.B. wf m IN RANGE BOX PH.(303;423-6036 FAX(3031467-9430 LS 24305, 2002 WWWJEHNENGINEERING COM 0 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that E. Marie Gutierrez as to an undivided 99% interest and Jordan J. Gutierrez as to an undivided 1% interest of 4580 Augusta Drive, Broomfield, CO 80020, 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 Way. c E. Marie Gutierrez as to an ivided 99% interest A Jordan Gutierr as o an undivided 1% interest State of Colorado) ) ss: V County of (�oe-r$ (s OU _The foregoing instrument was acknowledged before me this 911L1 day of lr al.c-cm 2005 by E. Marie Gutierrez as to an undivided 99% interest and Jordan J. Gutierrez as to an undivided 1% interest. Witness Witnesw hand and off 7,a1 seal. N.,\.0 3‘A M.p // - -GI -. ' k .. 1OT`Ar$\ Notary Public YA "iiit# Ili O My commission expires: ('—2 3— 8 g °FCC` O 1111111 I1I1I 11111 1111111 III 111111111111 III 11111 IIII liii 3271882 03/28/2005 12:45P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder O20 QC- acaq/1 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). E � Dated h' o�� dayofOZAA--tl 2005. fir ' S 1861 t COUNTY OF WELD, A BODY HE BOARD OF COPRORATE AND POLITIC OF `® `+'OMMISSIONERS THE STATE OF COLORADO �� OUNTY OF WELD BY: 1--1i"-?'/it-, Clerk 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 0(01—day of vale , 2005 by William H. Jerke, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. •'•"'"" ' D+;P,�:B.. " .S� /-aft p J 7,4 gat NOTARY Notary Public _ —'�-- =.try.?UBLIC p' My commission expires: SpF `?' My Commission i 1 April10,1008 I III 11111 11111 1111111 III EMI 111111 III 11111 IIII IIII 3271882 03/28/2005 12:45P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder . Y • EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-21A.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6114 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 SOUTHWEST 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 SOUTHWEST CORNER OF WHICH BEING A 2.5-ALUM CAP,L.S.24305. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 19; THENCE N 00°06'35"W ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 19 A DISTANCE OF 30.00 FEET; THENCE S 8991'41"E A DISTANCE OF 30.00 Fhh1 TO THE INTERSECTION OF THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE N 00°06'35"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1060.04 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BULL CANAL AS RECORDED AT RECEPTION NO. 1952226,WELD COUNTY PUBLIC RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO(2)COURSES: 1) N 74°08'54"E A DISTANCE OF 11.13 FEET; 2) N 85°08'55"E A DISTANCE OF 19.35 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 RUNNING PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1064.79 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE N 89°51'41"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING 31,893 SQ.FT.OR 0.7322 ACRES 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 SUPERV I t�.car�CHECKING. �1 00 REG/ l III F CHRISTOPHER H.McELVAIN, A��y �a ,1l PROFESSIONAL LAND SURVEYOR �9> 35561 ; COLORADO REGISTRATION NO. 36561, % •: FOR AND ON BEHALF OF I 'I 9:'• JeHN ENGINEERING,INC. (ticrsS N0. 5855 WADSWORTH BYPASS#A-100 OVAL ARVADA, ARVADA,CO. 80003 11111 1111 11111 111 11 111111 11111II111111 1111 III 3271882 03/28/2005 12:45P Weld County, CO - 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • - ` BRAD A. LINKUS - 1171/4 COR SEC 19 EXHI3IT NAP A POUND A6 REBAR I WITH 2' ALUM. CAP LS 25937, 1997 SHEET 2 OF 2 __N8952'30 W S89'4448'E _ ___ 2624.]5 ----- 52]5.43' EI/4CORSECI9 01/4 COR SEC 24 _—_--- -- f FOUND 16 REBAR FOUND#5 REBAR WITH 2' AWN. CAP 1 WITH 3-1/4' ALUM. CAP LS 25937, 1997 W L5 7242. 1994 DEBRA DORMAN 3 I ' Z I" 9 yl' I•I 5„, I IJ' V ..�..._..I .... W In 8mEn I o 0 150 300 „ zm„I DEBRA DORMAN n g OT 1 INCH = 300 FEET d zl DATE: 9.9.04 SHOULA & YONGGE VUE `3 I , I N 74'08 S4-- "N 8598'35 E _ ..... -'_- ._. _•\\�l x o 'n ^ „19-13 -.19.35' ? 4♦ 9 . 11! _ 36561 --;,r 30 6U'.TD •. _q/ •10 p NOTE: ` :R`,ADDITIONAL RIGHT—OF—WAY THIS IS NOT A LAND SURVEY PLAT DR `s I :. ACQUISITION TOTAL AREA 31,893 S.F. IMPROVEMENT SURVEY PLAT. NO MONUMENTS PARCEL 21A WERE SET FOR THE PREPARATION DF b THE ATTACHED LEGAL DESCRIPTION. ig �.: O.N. pending SHOULA & YONGGE VUE ROBERT A., GALBASIN EXHIBIT MAP A n 13850 FRANKLIN ST, WELD COUNTY ROAD 13 BRIGHTON, CO. 80602 RDRFRT A. GALBASIN 5 SY g REC. NO. 3182308 =" ' SW 1/4 SEC 19, T,1N., R.67W. 6111 PM, l'1 COUNTY OF WELD, STATE OF COLORADO ACQUISITION AREA 31,893 S.F. POINT CF • 51/4 COR SEC 19 MORMON, 89"51'41' W FOUND 66 REBAR 9.9.04 I DEED DESCRIPTION 111711 2' ALUM. CAP s 690.00t E 30.00' IS 29425.62000 IN R.B. JN. 1528-03-070.01I 3070-DD-21A l� S2635A0'w 35.; N8951.41'W VJ qe� WJ 'III -:- _ JeHN 11 30.00' �I POINT IC s+'- .� N °°-06'35' w COMMENCEMENT is ENGINEERING.!? 51/4 COR SEC 24 Sw COR SEC 19 .4. \-4 FOUND 96 REBAR '^In FOUND I' PIN WITH 5655 MVA0L ED 60 x6ma¢.41W WITH 2' ALUM. CAP 2 1/2' ALUM. CAP h1 ti' ARVADA.C04001 LS 2593], 1997 IN R.B. 2'2 IN RANCE BOX PH.L34W 123406 FM QOM 167.9133 LS 24305. 2002 wWWJEMVEN6NEER0G.00N 111111111111111111111111 III 111111111111111111111111 Jill 3271882 03/28/2005 12:45P 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 (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)(6), 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. WATAf2%A' .M'FRW0'n .;a e9a INMP as at -e HNW6g6SA:: 1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers) 2. T pe of property purchased: ❑ Single Family Residential ❑ Townhome Condominium ❑ Multi-Unit Res Commercial ❑ Industrial ❑ Agricultural ❑ Mixed Use )( Vacant Land ❑ Other 3. Date of closing: March 04, 2005 Contract date: 4. Total Sales Price: including all real and personal property. $6,500.00 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 0 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. 0 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 Lersons within the same family, business affiliates, or affiliated corporations. Yes 0 No 9. Check any of the following that apply to the condition of the im rovements at the time of purchase. EDNew E] Excellent E] Good E] Average EDFair LJ Poor ❑ Salvage. If the property is financed, please complete the following. 10. Total amount financed. $ 11. Type of financing: (Check all that apply) J'-11 New ❑ Assumed ❑ Seller ❑ Third Party Combination; Explain 12. Terms: a Variable; Starting interest rate Fixed; Interest rate Length of time years Balloon payment L„f Yes LI 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. 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? ❑XYes ❑ No Remarks: Please include any additional information concerning the sale you may feel is important. rm � .^, aaaaas ,a?w:a. :wnraay.vrowaawvuv.®v• -- - xi 17. Signed on this day of March 04, 2005 . Please designate buyer or seller. / Mailing Address Signature of Grantee (Buyer) U or Grantor (Seller) ❑ COUNTY OF WELD, A BODY CORPORATE AND POLITIC P.o. Box 758 Greeley, Co 80632 Daytime Phone Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25031300 GR25031300 (1347511) 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 Title 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 Title 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 9eller(s) Buyers)/Borrower(s) By:DI, /k.A.,0•) ,.,/ •,{J' COUNTY OF WELD, A BODY CORPORATE AND POLITIC E. MARIE OUTIERREZ KJ-ThilBy: `7/V �„i �/ / �!�] „tr., WILLIAM H. JERdE, CHAIR JORD J. GUTIHRRE I Date: March 04, 2005 Form 368 05/29/03 DISCLOSURE.l.0 25031300 pp. LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 2170 35TH AVE t/D "PURCHASERS" GREELEY, CO 80634 Land Title 4OARANRC COMPANY PROPERTY ADDRESS: SELLER(S) : E. MARIE GUTIERREZ AND JORDAN J. GUTIERREZ BUYER(S) : COUNTY OF WELD, A BODY CORPORATE AND POLITIC SETTLEMENT DATE: March 04, 2005 DATE OF PRORATION: March 04, 2005 ITEM DESCRIPTION Debit Credit Sales Price 6,500. 00 Alta Owners Policy 10-17-92 193. 00 TAX CERTIFICATE 25. 00 Current Property Taxes 01/01/05-03/04/05 ® $0. 0029 0. 18 Closing Fee LAND TITLE GUARANTEE COMPANY 200. 00 **** SubTotals **** 6, 918. 00 0.18 Due From Buyer/Borrower 6,917. 82 Totals 6, 918. 00 6,918. 00 The above figures do not include sales or use taxes on property. APPROVED AND ACCEPTED PURCHASER(S) : REAL ESTATE BROKER(S) COUNTY OF WELD, A BODY CORPORATE AND POLITIC By: • C•Ci.111 ( WILLIAM H. JERKS, CHAIR LAND TITLE CLOSING AGENT: OSNG Melinda Oualandri ESCROW NO. : ORS5031300 COMMITMENT NO. : 7c25031300 Form 347 LT01 The printed portion of this form is approved by the Colorado Real Estate Commission (35-60-7-71) PURCHASER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. FC25031300 Escrow No. GR25031300 State of Colorado, County of Weld RE: Real property and improvements located at: in the County of Weld State of Colorado, and more particularly described as follows: SEE EXHIBIT "A" Whereas, Land Title Guarantee Company has issued its Commitment No. FC25031300 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. 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 March 04, 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 of funds necessary to complete the payoff. 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: COUNTY OF WELD• A BODY CORPORATE AND POLITIC P.O. BOX 758 GREELEY, CO 80632 FJ p - By: V1.7�' WILLIAM H.JERKE,CHAIR STATE OF Colorado } COUNTY OF WELD The foregoing instrument was acknowledged before me on this day of ♦ti�[� by .04FY Pul „... WITNESS MY HAND AND OFFICIAL SEAL. ' MELINDA t My Commission Expires:I U L �F ' GUALANDRI , --I n } Notary Public ,erF O...CO..O. Form 489 01/23/03 PA AFFIDAVIT (Purchaser) My Cunmission xp:ms: — EXHIBIT A A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST 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 SOUTHWEST 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 SOUTHWEST CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 24305. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 19; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 19 A DISTANCE OF 30.00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS EAST A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1060.04 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF BULL CANAL AS RECORDED AT RECEPTION NO. 1952226, WELD COUNTY PUBLIC RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1) NORTH 74 DEGREES 08 MINUTES 54 SECONDS EAST A DISTANCE OF 11.13 FEET; 2) NORTH 85 DEGREES 08 MINUTES 55 SECONDS EAST A DISTANCE OF 19.35 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 RUNNING PARALLEL TO SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1064.79 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6; THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; COUNTY OF WELD, STATE OF COLORADO. Form EXHIBITA 01/17/03 FC25031300 SELLER-OWNER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. FC25031300 Escrow No. GR25031300 State of Colorado, County of WELD RE: Real property and improvements located at: in the County of WELD State of Colorado, and more particularly described as follows: SEE EXHIBIT "A" Whereas, Land Title Guarantee Company has issued its Commitment No. FC25031300 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. Further, there are no liens or encumbrances recorded or unrecorded affecting the subject property. 3. 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. 4. That all improvements constructed on the real estate herein described were completed on or before March 04, 2005 5. That all fees, assessments and charges of the homeowners association having jurisdiction over the above described property, if applicable, are current at this time. There are no existing leases or tenancies affecting said property. In light of the foregoing facts, 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, damage expenses and charges, including but 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. the above representations. Seller(s) Forwarding Address: 4580 AUGUSTA DRIVE (e. / -.1„ � 2.1"� BROOMFIELD, CO 80020 Ey: G.XI/La c ellt H. MARIE GUTIERREZ \PSfur'.p(t NOTAR 14�A "'oi q O Pv JORD J. QOTIERR .. ��' CGl P V STATE OF COUNTY OF pI r The foregoing instrument as acknowledged before me on this day of 3 - 6/ - O J by E. MARIE GUTIERREZ AND JORDAN J. OOTIERREz WITNESS MY HAND AND OFFICIAL Sabi. //� 1174_ • My Commission Expires:j a3-t!�/ � /2 . �j 1 Form 490 SA 11/08/03 AFFIDAVIT (seller) Notary Public ft EXHIBIT A A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST 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 SOUTHWEST 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 SOUTHWEST CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 24305. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 19; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 19 A DISTANCE OF 30.00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS EAST A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1060.04 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF BULL CANAL AS RECORDED AT RECEPTION NO. 1952226, WELD COUNTY PUBLIC RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1) NORTH 74 DEGREES 08 MINUTES 54 SECONDS EAST A DISTANCE OF 11.13 FEET; 2) NORTH 85 DEGREES 08 MINUTES 55 SECONDS EAST A DISTANCE OF 19.35 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 RUNNING PARALLEL TO SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1064.79 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6; THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; COUNTY OF WELD, STATE OF COLORADO. Form EXHIBITA 01/17/03 FC25031300 Printed portions of this form, except differentiated additions, have been approved by Colorado Real Estate Commission (CL9-5-04) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT March 04,2005 1.PARTIESIPROPERTY. E. MARIE GUTIERREZ AND JORDAN J. GUTIERREZ , Seller and COUNTY or WELD, A BODY CORPORATE AND POLITIC , Buyer, 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: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF. also known as: 2.INFORMATIONIPREPARATION. Closing Company is authorized to obtain any information necessary for the closing. Closing Company agrees to prepare, deliver, and record those documents (excluding legal documents) necessary to carry out the terms and conditions of the Contract to Buy and Sell Real Estate, dated , including any counterproposals and amendments (Contract). 3.CLOSING FEE. Closing Company will receive a fee not to exceed $200.00 for providing these closing and settlement services. 4.G000 FUNDS. Closing Company is authorized to receive funds and to disburse when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or (b) 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.RELEASEIDISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in sections 10 and 11. 6.DISBURSER. 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'SNETPROCEEDS.PROCEEDS. 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 Seller (at Seller's expense); a Closing Company's trust account check. 6.FURNISH INFORMATION AND DOCUMENTS. Buyer and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this transaction. 9.CL0SING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of closing. 10.FAILURE OF CLOSING. If closing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to depositing party, upon which 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 originals returned to Buyer and a copy to Buyer's lender. 11.EARNEST MONEYDISPUTE. In the event of any controversy regarding the Earnest Money and things of value held by Closing Company (notwithstanding termination of the Contract or mutual written instructions), Closing Company shall not be required to take action. Closing Company may await any proceeding, or at its option and sole discretion interplead all parties and deposit any money or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees. 12.SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. 13.WITHHOLDING. 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.ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 15.COUNTERPARTS. This document may be executed by Buyer, Seller and Closing Company, seperately, and when each party has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties. 16.BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 17.NOTICE,DELIVERY AND CHOICE OF LAW. a. PhysicalDelivery. Except as effective in 17(b) below, all notices must be in writing. Any notice to Buyer shall be provided when received by Buyer or Selling Brokerage Firm, any notice to Seller shalt be effective when received by Seller or Listing Brokerage Firm, and any notice to Closing Company shall be effective when received by Closing Company. b. ElectronieDelivery. As an alternative to physical delivery..signed documents and written notice may be delivered in electronic form by the following indicated methods only: ❑Facsimile LJE.Mail ❑None. Documents with original signatures shall be provided upon request of any party. c. ChoicesfLaw.This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Co orado ap icable to Colorado residents who sign a contract in this state for property located in Colorado. c. By: COUNTY OF WELD, A BODY CORPORATE AND POLITIC E. MARI GUTIERREZ ! / By: / "'{ WILLIAM H. JERRE, CHAIR JORD J. GUTIE FORM 957 CLOS.INST.04 (06/04) 25031300 • EXHIBIT A A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST 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 SOUTHWEST 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 SOUTHWEST CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 24305. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 19; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 19 A DISTANCE OF 30.00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS EAST A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1060.04 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF BULL CANAL AS RECORDED AT RECEPTION NO. 1952226, WELD COUNTY PUBLIC RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1) NORTH 74 DEGREES 08 MINUTES 54 SECONDS EAST A DISTANCE OF 11.13 FEET; 2) NORTH 85 DEGREES 08 MINUTES 55 SECONDS EAST A DISTANCE OF 19.35 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 RUNNING PARALLEL TO SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1064.79 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6; THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; COUNTY OF WELD, STATE OF COLORADO. Form EXHIBITA 01/17/03 FC25031300 UTILITY AGREEMENT (With Well and Septic system - No Adjustment on Settlement Sheets) At the closing of (Property Address) on March 04, 2005 (Date), by Land Title Guarantee Company both the Buyer(s) and Seller(s) fully understand that Land Tide Guarantee Company DOES NOT notify Qwest Communications, Xcel Energy and/or the Seller's present Insurance Agency to cancel the existing insurance policy. IT IS THE SELLER(S) RESPONSIBILITY to call the electric/gas company for a final reading and to give them your forwarding address for the fmal bill. It is also the Seller's responsibility to notify Qwest Communications and to notify your present insurance agent. IT IS THE BUYER(S) RESPONSIBILITY to call the electric/gas company and to give them the personal information they may require for their records, and the telephone company to put service into your name(s) and correct mailing address, if different than the property just purchased. I.R.E.A.'s NUMBER IS 303-688-3100 XCEL ENERGY IS 1-800-895-4999. QWEST COMMUNICATIONS NUMBER FOR NEW SERVICES IS 1-800-244-1111 (to transfer service, please consult the telephone directory) The Parties hereto further agree to the following: The undersigned Buyer(s) and Seller(s) of the property referenced above understand that water is supplied by a well and sewer is handled by a septic system. No adjustment is required between Buyer(s) and Seller(s) for the well and septic system. This Agreement was made and executed this day of March 04, 2005 / COUNTY OF WELD, A BODY CORPORATE AND POLITIC By: . E.MARI GUTIERREZ / l WILLIAM H.JERKS, CHAIR By: �i�� JORDAI G9'«/ , UTIERRE� Form 393 01/17/03 9-GCR 0R25031300 AGREEMENT FOR TAXES It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as: that the taxes for the current year have been adjusted as of this date on the basis of the most recent assessment and most recent mill levy. They are as follows: (x) $50 .00 Land Assessment for (year) (x) $0 . 00 Improvement Assessment for (year) multipled by the mill levy of 64 . 667 for (year) equals the current adjustment of $1. 07 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 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 in connection therewith. ( ) NO ADJUSTMENT ( ) Estimate for taxes of ( ) Taxes based on percent of in the amount of and this agreement shall be (x) A final settlement. ( ) 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 (x) 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 March 04, 2005 Buyer(s) seller(s) COUNTY OF WELD, A BODY CORPORATE AND POLITIC By: l�j, /,f((Q/,'� ` A-�-�'-� E. MARIE OUTIERREZ `By: fit.="2iL WILLIAM H. JBRKR, CHAIR By: �,3i vi —�� JORD J. OUTIRRREZ/ Form 277 05/04 MRA.FINAL AGREEMENT FOR TAXES FC25031300 Broomfield District Court City and County of Broomfield,Colorado 17 Des Combes Drive Broomfield,CO 80020 (303)438-6353 IN THE MATTER OF THE ESTATE OF: COURT USE ONLY ROBERT ANDRU GALBASIN, Case Number: 05PR4 Deceased Division: Courtroom: LETTERS E. Marie Gutierrez was appointed or qualified by this Court or its Registrar on - f O co S (date) as Personal Representative. The decedent died on January 13,2005.These are Letters Testamentary. (The decedent left a will.) Appointment or qualification is by will. These Letters evidence full authority,except for the following limitations or restrictions, if any: "w- vL tl35 Dated: a -i0-D$ 'o.. LtAbe- Clerk or egistrar of Court CERTIFICATION Certification Stamp or Certified to be a true copy of the original in my custody and to be in full force and effect as of: Dated: r -315-05- dilt(a..th( Ceti (Deputy)Clerk of Court / CPC 17 R1/03 LETTERS This forms conforms In substance to CPC 17. lit PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by E. MARIE GUTIERREZ, as Personal Representative of the ESTATE OF ROBERT ANDRU GALBASIN • A/IC/A ROBERT A. GALBASIN, deceased, Grantor, to E. MARIE GUTIERREZ whose address is 4580 Augusta Drive, Broomfield, CO 80020, Grantee. WHEREAS, Grantor was appointed Personal Representative of said Estate by the District Court in and for the City and County of Broomfield, State of Colorado, Case No 05PR4 on February 4, 2005,and is now qualified and acting in said capacity; and WHEREAS, Grantee is entitled to distribution of the hereinafter described property. NOW, THEREFORE, Grantor hereby sells, conveys, assigns,transfers, and sets over unto Grantee, all interest currently held by the ESTATE OF ROBERT ANDRU GALBSIN AKA ROBERT A. GALBASIN in and to the following real property in the County of Weld, Colorado: PLEASE SEE EXHIBIT"A" ATTACHED HERETO INCORPORATED HEREIN BY REFERENCE FOR EXACT LEGAL DESCRIPTION with all appurtenances, subject to easements,covenants,restrictions, reservations and rights of way of record, and subject to general property taxes. Executed 3 -y , 2005. I. . C 7," J:. E. GUTIERREZ, Personal Representative of th Estate of ROBERT ANDRU GALBASIN AKA ROBERT A. GALBASIN STATE OF COLORADO ) r Ai ) ss. COUNTY OF1,-n a,J,•,j ) The foregoing instrument was acknowledged before me this ei day of F e b ,2005, by E. MARIE GU I hRREZ,Personal Representative of the Estate of ROBERT ANDRU GALBASIN, Ala ROBERT A. GALBASIN. Witness my hand and official seal. My commission expires: / —2-1 —0 W �\�\\Am 41,0 c %� //��(J rn $� �oz otary Public y OcCOLON' EXHIBIT A Vacant Land Property Description of Parcel 2: (Southerly of Canal) That part of the South 1/2 of the Southwest 1/4 of Section 19,Township 1 North,Range 67 West of the 6'h P.M., lying Westerly of the centerline of the abandoned main tract of the Boulder Branch of the Union Pacific Railroad Company as described in Deed � recorded January 30, 1978 in Book 821,Reception No. 1742988, and lying Southerly of a strip of land,60 feet wide,conveyed to the Farmers Reservoir and irrigation company by Deed recorded December 11, 1914 in Book 406 at Page 293 for the East Branch of the Bull Canal,with said strip of land, 60 feet wide,being realigned as shown in Deed recorded January 6, 1984 in Book 1017,Reception No. 01952227, being more particularly described as: Beginning at the Southwest corner of said Section 19 and assuming the Westerly line of said Southwest 1/4 of Section 19 as bearing North 00° 29' 20"West as shown on the plat of Mountain View Estates Minor Subdivision, recorded August 18,2000 as Reception No. 2788080,with all other bearings being relative thereto; Thence North 00° 29' 20" West along said Westerly line of the Southwest 1/4 of Section 19 a distance of 1081.45 feet to a point on the Southerly line of said strip of land,60 feet wide, conveyed to Farmers Reservoir and Irrigation Company for the East Branch of the Bull Canal,said Southerly line being 35 feet Southerly or extending 35 feet to the right of the centerline of said East Branch of the Bull Canal as now constructed; Thence Easterly along said Southerly line of the East Branch of the Bull Canal,the following 3 courses: (1) North 73° 46' 09"East a distance of 42.30 feet; (2)North 84° 46' 10"East a distance of 119.69 feet; (3)North 84° 01' 10"East a distance of 708.38 feet to the centerline of said abandoned main tract of the Boulder Branch of the Union Pacific Railroad Company; Thence Southeasterly along said centerline, and a curve to right, having a radius of 2864.93 feet; A Chord that bears South 49°38' 00"East--233.55 feet, a delta angle of 4°40' 19" and an arc length of 233.61 feet;Thence South 47° 17' 50" East continuing along said centerline, a distance of 1257.06 feet; thence Southeasterly along said centerline and a curve to the left,having a radius of 5729.65 feet; a chord that bears South 48° 32' 39"East-- 249.36 feet, a delta angle of 2° 39' 38" and an arc length of 249.38 feet to the Southerly line of said Southwest 1/4 of Section 19; thence 89°45' 28" West along said Southerly line of the Southwest 1/4 of Section 19 a distance of 2143.75 feet to the Point of Beginning, County of Weld, State of Colorado • Hello