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Home My WebLink About20051265.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 -JACOR BROADCASTING OF COLORADO, INC. 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 Jacor Broadcasting of Colorado, Inc.,4695 South Monaco Street, Denver, Colorado 80237,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 Jacor Broadcasting of Colorado, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 25th day of April, A.D., 2005. BOARD OF COUNTY COMMISSIONERS 4 EIIe� / WELD COUNTY, COLORADO 42'1861 �'"' '(� William H erke, Chair lit o erk to the Board .ud (_1 * M. J. le, Pro-Tem Deputy Clerk to the Board David E. Lol APP DAST Robert D. asde our dt rKey � dig etd-A Glenn Vaad Date of signature: 2005-1265 EG0052 'cal 6 A MEMORANDUM CTO: Clerk to the Board DATE: April 18, 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 Jacor Broadcasting of Colorado, Inc. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:AFrancieAAgend-Leon.doc 2005-1265 6j AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN JACOR BROADCASTING OF COLORADO, INC AND WELD COUNTY, COLORADO 131- THIS AGREEMENT is made this day of (f , 2005, by and between Jacor Broadcasting of Colorado,Inc.,whose address is 4695 S.Moco Street,Denver,Colorado 80237, 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 Eighteen Thousand Seven Hundred One and no/100 ($18,701.00) dollars. This consideration is being offered in lieu of condemnation 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances,except existing easements.Owner shall retain the mineral estate under the Right of Way, including oil and gas, and shall also retain any water Page 1 of 3 Pages 1I IN 111111111111111111111111111IIIII III111111111IIII 3283611 05/05/2005 03:08P Weld County, CO 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder O-'cos---/a5 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. Weld County will remove the existing road right-of-way fence and install a new fence along the new road right-of-way line. The existing gate will be removed and a new gate will be installed at the driveway.The new fence will be installed prior to the removal of the existing fence.The new fence will be a four strand barbed wire fence. 9. Owner shall grant County a Temporary Construction Easement,in substantially the same form as the Temporary Construction Easement form attached herein as Exhibit "B". Said easement is needed for the construction and re-location of the existing irrigation lateral and driveway culvert. County will reimburse the Owner the sum of Six Hundred Eighty One and no/100 ($681.00) dollars for the execution of said easement. County will list Clear Channel Radio/Jacor Broadcasting of Colorado as additional insured for the activities occurring on the property pursuant to this easement. Page 2 of 3 Pages 116 11111 11111 1111111111 11111 1111 III IIIII III IN 11 05/0512005 03:08P Weld Cou , 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk&Recorder • 10. Owner shall grant Kerr-McGee Gathering LLC a Right-of-Way Grant and Permanent Easement by the Right-of-Way Grant form attached herein. This grant of right-of- way and permanent easement is for the relocation of an existing gas line.County will reimburse the Owner the sum of Three Thousand Four Hundred Twenty Three and no/100($3423.00) dollars of the execution of this Right-of-Way Grant. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. O R: JA R CAS OF COLORADO (sign lure) /L R ennlalcl (print name) (title) TAX ID NUMBER: ST: BOARD OF COUNTY COMMISSIONERS � �� OF WELD COUNTY, STATE OF e:94COLORADO last >, *414, o ty Clerk to the Board BY: 'LI- "A.,' Deputy Clerk to t e Board William H. Jerke, Chairman APR 2 5 2005 Page 3 of 3 Pages 1 111111 11111 11111 LH 1111111 11111 1111 111 11111 11111111 3283611 05/05/2005 03:08P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder e7eCtS-/ to 5 • EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-22.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 02408453,WELD COUNTY PUBLIC RECORDS AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP I NORTH, RANGE 67 WEST OF THE 6TH 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 31 BEARS N 00°25'19"W AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25"ALUM CAP, L.S. 12374. -THE NORTHWEST CORNER OF WHICH BEING A 3.25"ALUM CAP,L.S. 22098. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 31; THENCE N 89°43'13"E ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31 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°25'19"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1324.57 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL OF LAND RECORDED AT RECEPTION NO. 02408453; THENCE N 89°47'19"E ALONG SAID NORTHERLY LINE A DISTANCE OF 80.00 FEET TO A POINT 80 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE S 00°25'19"E ALONG A LINE LYING 80 FEET EASTERLY AND RUNNING PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 964.63 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S 03°41'28"E A DISTANCE OF 334.18 FEET,HAVING A RADIUS OF 2930.00 FEET,A CENTRAL ANGLE OF 06°32'18" AND AN ARC LENGTH OF 334.36 FEET; THENCE S 06°57'38"E A DISTANCE OF 26.44 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31; THENCE S 89°43'13"W ALONG SAID SOUTH LINE A DISTANCE OF 102.07 FEET TO THE POINT OF BEGINNING; CONTAINING 108,618 SQ.FT.OR 2.4935 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 SUPERVISION AND CHECKING. 0 REG/ T � G - CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR 36561 z o COLO O REGISTRATION NO. 36561,FOR JeHN ENGDINEERING,,INC. 5855 WADSWORTHABYPOASSS#A-100 N BEHALF OF �j--( „'•• ARVADA, CO. 80003 �,•..... �7a� 111111I 111111 1111111111IIIIIIIIIIII11 III 1111IIIII 3283611 05105/2005 03:08P Weld County, 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk C&Recorder ee WDSWORSD25 EXHIBIT MAP A WC S 2 1/2' PIPE WITH 3-1/4" ALUM. CAP LS 6716, UP 0.8' 527706 " �� 4 SHEET 2 OF 2 N89'43'25"E N89'48'56'E 2623.84' Ili 0 NW COR SEC 31 N1/4 COR SEC 31 FOUND 416 REBAR FOUND 416 REBAR 'WITH 3 1/4" ALUM. CAP WITH 3 1/4" ALUM. CAP LS 22098, 1994 LS 22098, 1994 BARBARA KIRKMEYER ;, _`0° RE0Atip_ ��y o i6kr 80' `♦ • MEM"Y Olt F36561 0' : y o z.'c y MOM C < L LANO -t � 0 = DUANE KIRKMEYER =CD0 3 ear Th. 6% siioy a -W0 .0 z _-NIn o O O I°1 0 in G Q n O O O =N vow . —raC ¢ a —00 �ILSa W0 min z �rc ow N 89'47'19' E • 80.00' _ o 0 150 300 _m`o m S 0 1.0 m 1 INCH = 300 FEET z In to m DATE: 3.1.04 n in • .I: ADDITIONAL RIGHT-OF-WAY I ACQUISITION AREA 108,818 S.F. z • PARCEL 22 NOTE O.N. FC25031308 THIS IS NOT A LAND SURVEY PLAT OR -- it) 146931000009 IMPROVEMENT SURVEY PLAT. NO MONUMENTS 6 eD`r. a JACOR BROADCASTING & COLORADO INC. WERE SET FOR THE PREPARATION OF 4695 S. MONOCO ST. THE ATTACHED LEGAL DESCRIPTION. --- DENVER, CO. 80237 3 REC. N0. 02408453 EXHIBIT MAP A SITE: 502 WCR 13 WELD COUNTY ROAD 13 f•+ JACOR BROADCASTING & COLORADO INC 8 A 406.32'18• NW 1/4 SEC 31, TIN., R.67W. 6Th PM, _ Re2930.00• COUNTY OF WELD, STATE OF COLORADO L334.36' GB-S 03'41'28" E ACQUISITION AREA 108,618 S.F. CD334.18' POINT OF - 3.1.04 I DEED DESCRIPTION COMMfl1OE1JEHT WI/4 CDR SEC 31 ' S 06'57'38• E JN. 1528-03-070.01 3070—DD-22 FOUND M6 REBAR 26.44' WITH 2-1/2" AC - � S 89"40'19" w L5 12374, 1993 SOUTH LINE OF THE NORTHWEST QUARTER ODF SECTION 31 0 }sue- a. 2639.32' 102.07' N89'43'13'E 5276.00' — e N \ S a9.43.13• w "- ENGINEERING J= C1/4 COR SEC 36 30.00 PUNT OF E1/4 COR SEC 31 FOUND /6 REBAR FOUND #6 REBAR � MNIAY,141W WITH 3 1/4" ALUM. CAP N -$94313"',E BEGINNING WITH 3-1/4" ALUM. CAP A011MW10001 LS 6973, 1996. ON 1.0' LS 6973, 1997 PH.110y AMON MX porno 1111WC011 LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT IIPPIIII 4617 W 20TH ST 112B "PURCHASERS" GREELEY, Co 80634 Land Title ...Am PROPERTY ADDRESS: 502 WELD COUNTY ROAD 13 SELLER(S) : JACOR BROADCASTING OF COLORADO, INC. , A COLORADO CORPORATION BUYER(S) : COUNTY OF WELD, A BODY CORPORATE AND POLITIC SETTLEMENT DATE: July 08, 2005 DATE OF PRORATION: July 08, 2005 ITEM DESCRIPTION Debit Credit Sales Price 18, 701. 00 Alta Owners Policy 10-17-92 193. 00 Tax Report LAND TITLE GUARANTEE COMPANY 20. 00 Documentary Fee 1. 87 Current Property Taxes 01/01/05-07/08/05 @ $0. 4672 87. 83 Closing Fee LAND TITLE GUARANTEE COMPANY 200. 00 REIMBURSEMENT FOR TEMPRARY CONST. EASEMENT 681. 00 REIMBURSEMENT FOR RIGHT-OF WAY GRANT 3, 423. 00 **** SubTotals **** 23,219. 87 87. 83 Due From Buyer/Borrower 23,132. 04 Totals 23,219. 87 23,219. 87 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: 71.1 --• Y/L -c. WILLIAM H. JERKS, CHAIR LAND TITLE CLOSING AGENT: liV.ACQ )-c . Melinda Gualandri ESCROW NO. : CR25031308 COMMITMENT NO. : FC25031308 Form 347 LTDI The printed portion of this form is approved by the Colorado Real Estate Commission (SS-60-7-71) pp"! LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 4617 W 20TH ST#2B "SELLERS" GREELEY, CO 80634 Land Title OUTRAN EE COMPANY PROPERTY ADDRESS: 502 WELD COUNTY ROAD 13 SELLER(S) : JACOR BROADCASTING OF COLORADO, INC. , A COLORADO CORPORATION BUYER(S) : COUNTY OF WELD, A BODY CORPORATE AND POLITIC SETTLEMENT DATE: July 08, 2005 DATE OF PRORATION: July 08, 2005 : :722.%f 255CR_'PTION Debit Credit Sales Price 18, 701. 00 Courier Fees 32. 00 Current Property Taxes 01/01/05-07/08/05 @ $0. 4672 87. 83 REIMBURSEMENT FOR TEMPRARY CONST. EASEMENT 681. 00 REIMBURSEMENT FOR RIGHT-OF WAY GRANT 3,423. 00 **** SubTotals **** 119. 83 22, 805. 00 Due To Seller 22, 685. 17 Totals 22, 805. 00 22, 805. 00 The above figures do not include sales or use taxes on property. SELLER(S) : APPROVED AND ACCEPTED REAL ESTATE BROKER(S) JACOR BRO C TING OP 0' •0, IN , A COLORADO CORP.' By: t' 1 d R= SECTOR, V B-PRESI�'` LAND TITLE CLOSING AGENT: Melinda Cualandri ESCROW NO: GR2503130B COMMITMENT NO: FC25031308 Form 340 LTO2 (05/04) The printed portion of this form is approved by the Colorado Real Estate Commission (SS-60-7-71) PURCHASER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. FC25031308 Escrow No. GR25031308 State of Colorado, County of WELD RE: Real property and improvements located at: 502 WELD COUNTY ROAD 13 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. FC25031308 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 July 08, 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 hinds 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: COUNTY OF WELD, A BODY CORPORATE AND POLITIC P.O. BOX 758 GREELEY, CO 80631 STATE OF COLORADO By: 61-Z\ t COUNTY OF WELD WILLIAM H. JERKS, CHAIR The foregoing instrument was acknowledged before me on this day of July 08, 2005 by WILLIAM H. JERKS, CHAIR F THE BJUkiWAODM1 QOMMISSI ERE OF COUNTY OF � A ?ORATE 6 POLITIC NOTARY PUBLIC Witness my hand and offci 4 OF COLORADO My commission expires: , n 'r c NR DO Form 491 AFF.PUR 11/14/03 lylr[Oye�iQ GYf�ke1lg4M17012j'Durohaser) Notary Public Printed: June 27, 2005 EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 02408453, WELD COUNTY PUBLIC RECORDS AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, 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 31 BEARS NORTH 00 DEGREES 25 MINUTES 19 SECONDS WEST AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25" ALUM. CAP, L.S. 12374. -THE NORTHWEST CORNER OF WHICH BEING A 3 .25" ALUM. CAP, L.S. 22098. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 31; THENCE NORTH 89 DEGREES 43 MINUTES 13 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31 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 NORTH 00 DEGREES 25 MINUTES 19 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1324.57 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL OF LAND RECORDED AT RECEPTION NO. 02408453; THENCE NORTH 89 DEGREES 47 MINUTES 19 SECONDS EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 80.00 FEET TO A POINT 80 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 00 DEGREES 25 MINUTES 19 SECONDS EAST ALONG A LINE LYING 80 FEET EASTERLY AND RUNNING PARALLEL TO SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 964.63 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 03 DEGREES 41 MINUTES 28 SECONDS EAST A DISTANCE OF 334.18 FEET, HAVING A RADIUS OF 2930.00 FEET, A CENTRAL ANGLE OF 06 DEGREES 32 MINUTES 18 SECONDS AND AN ARC LENGTH OF 334.36 FEET; THENCE SOUTH 06 DEGREES 57 MINUTES 38 SECONDS EAST A DISTANCE OF 26 .44 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31; THENCE SOUTH 89 DEGREES 43 MINUTES 13 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 102.07 FEET TO THE POINT OF BEGINNING. Form EXHIBITA 01/17/03 FC25031308 SELLER-OWNER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. FC25031308 Escrow No. GR25031308 State of Colorado, County of WELD RE: Real property and improvements located at: 502 WELD COUNTY ROAD 13 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. FC25031308 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 July 08. 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. n 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 e above representations. Seller(s) Forwarding Address: JACOR BROAD NO OF C.�.RADO IN• , A COLORADO 4695 S. MONACO STREET DENVER CO 80237 C P TI By: R TEUTON, ICE-PR: ID STATE OF COLORADO COUNTY OF DENVER The foregoing instrument was acknowledged before me on this day of July 08,2005 4, 64 ttttt by MARK REMINGTON, VICE-PRESIDENT OP JACOR BRAQDCASTING COI° 0, N , A COLORADO CORPORATION Witness my hand and official se 1. y�`rFv" x ` � ve�,GG� �f // ✓ l 1 My commission expires: � -O7`� ��"l Form 492 AFF.SELL 04/04 \kJ "> tit'72 Notary Public I J EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 02408453, WELD COUNTY PUBLIC RECORDS AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, 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 31 BEARS NORTH 00 DEGREES 25 MINUTES 19 SECONDS WEST AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2 .25" ALUM. CAP, L.S. 12374. -THE NORTHWEST CORNER OF WHICH BEING A 3.25" ALUM. CAP, L.S. 22098. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 31; THENCE NORTH 89 DEGREES 43 MINUTES 13 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31 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 NORTH 00 DEGREES 25 MINUTES 19 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1324.57 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL OF LAND RECORDED AT RECEPTION NO. 02408453; THENCE NORTH 89 DEGREES 47 MINUTES 19 SECONDS EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 80.00 FEET TO A POINT 80 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 00 DEGREES 25 MINUTES 19 SECONDS EAST ALONG A LINE LYING 80 FEET EASTERLY AND RUNNING PARALLEL TO SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 964.63 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 03 DEGREES 41 MINUTES 28 SECONDS EAST A DISTANCE OF 334.18 FEET, HAVING A RADIUS OF 2930.00 FEET, A CENTRAL ANGLE OF 06 DEGREES 32 MINUTES 18 SECONDS AND AN ARC LENGTH OF 334.36 FEET; THENCE SOUTH 06 DEGREES 57 MINUTES 38 SECONDS EAST A DISTANCE OF 26 .44 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31; THENCE SOUTH 89 DEGREES 43 MINUTES 13 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 102.07 FEET TO THE POINT OF BEGINNING. Form EXHIBITA 01/17/03 FC25031308 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: July o8, zoos ESCROW NO. CR25031308 TITLE NO. PC25031308 1. JACOR BROADCASTING OF COLORADO,INC.,A COLORADO CORPORATION SELLER(S)and COUNTY OF WELD, A BODY CORPORATE AND POLITIC 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: 502 WELD COUNTY ROAD 13 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 tenns and conditions of the Contract to Buy and Sell Real Estate, dated April 25,2005 ,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 winch 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 I"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 II. 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:n Cashier's check at seller's expense.n Funds electronically transferred(wire transfer) to an�account specified 7 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 he 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. II. 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(I)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 Ins sale when Seller either(a) is a foreign person or(b)will not he a Colorado resident after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. l4. Special Instructions: 15. These Closing Instructions may be executed by each Buyer, Seller and Closing Company individually and when each Buyer,Seller and Closing 'nntpany 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 TIITL'EV GUARANTEE COMPANY Y APPROVED AND ACCEPTED on this day of July 08, 2005 B Y/1 nz�) � Closing Agent SELLER(5) PURCHASER(S) JACOR ''0 IN IOP •'LO O, I - , A COLORADO COUNTY OP WELD, A BODY CORPORATE AND POLITIC / CORPORA By: ,r•._W By: MAR.[ RHNI OTON, VI•'-PR'-I •y . WILLIAM H. JERKS. CHAIR Porn 366 CL.INS 12/08/03 CLOSING INSTRUCTIONS GR25031308 EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 02408453, WELD COUNTY PUBLIC RECORDS AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, 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 31 BEARS NORTH 00 DEGREES 25 MINUTES 19 SECONDS WEST AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25" ALUM. CAP, L.S. 12374. -THE NORTHWEST CORNER OF WHICH BEING A 3 .25" ALUM. CAP, L.S. 22098. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 31; THENCE NORTH 89 DEGREES 43 MINUTES 13 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31 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 NORTH 00 DEGREES 25 MINUTES 19 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1324.57 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL OF LAND RECORDED AT RECEPTION NO. 02408453; THENCE NORTH 89 DEGREES 47 MINUTES 19 SECONDS EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 80.00 FEET TO A POINT 80 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 00 DEGREES 25 MINUTES 19 SECONDS EAST ALONG A LINE LYING 80 FEET EASTERLY AND RUNNING PARALLEL TO SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 964.63 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 03 DEGREES 41 MINUTES 28 SECONDS EAST A DISTANCE OF 334.18 FEET, HAVING A RADIUS OF 2930.00 FEET, A CENTRAL ANGLE OF 06 DEGREES 32 MINUTES 18 SECONDS AND AN ARC LENGTH OF 334.36 FEET; THENCE SOUTH 06 DEGREES 57 MINUTES 38 SECONDS EAST A DISTANCE OF 26.44 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31; THENCE SOUTH 89 DEGREES 43 MINUTES 13 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 102.07 FEET TO THE POINT OF BEGINNING. Form EXHIBITA 01/17/03 FC25031308 AGREEMENT FOR TAP FEES It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as 502 WELD COUNTY ROAD 13 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 periodcassessments 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 July 08, 2005 JACOR BR+ADCAST N O OLORADO, INC., A COLORADO COUNTY OF WELD, A BODY CORPORATE AND POLITIC C�• '' A N�// (By: L/ l I '' By: "`''1 "-Ave MARK • MINGTO , VI u R )'ENT WILLIAM H. JERKE, CHAIR Form 530 01/17/03 TAP.FEES GR25031308 AGREEMENT FOR TAXES It is hereby understood and agreed between the Buyer(s) and Seller(s) of property known as: 502 WELD COUNTY ROAD 13 that the taxes for the current year have been adjusted as of this date on the basis of: ( ) Estimate for general taxes in the amount of for the year of closing, based on the taxes for the calendar year immediately preceding closing. ( ) 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 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. ( ) NO ADJUSTMENT (x) Estimate for 2005 taxes of $170. 52 (x) 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 July 08, 2005 BUYER(S) SELLER(S) COUNTY OF WELD, A BODY CORPORATE AND POLITIC JACO• 'ROADC t TING OF •LO'• DO, INC., A COLORADO CORPO O B�: B}.:_ WILLIAM H. JERKS, CHAIR MAR' RE'jINGTON, ICE-•' ENT Form 667 (08/25/03) EST/FINAL FC25031308 DISCLOSURE The undersigned hereby acknowledge that they understand and agree to the following provisions: 1. Laws Relating to Unclaimed Ftmds. 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 Tide transfer such funds to a state office, Land Tide 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 Bsllsr(s) Buyer(s)/Borro,nr(s) JA BR �10 OP. 0-. , INC., A COLORADO COUNTY OP. WELD, A BODY CORPORATE AND POLITIC :OIV/ l_�1.-- By: d*"( .:1- . , f CB--' WILLIAM B. JNRRN, CBAIR Date: July 08, 2005 ''I Form 368 05/29/03 DISCLOBDRR.4.0 25031308 CLOSING CONFIRMATION LAND TITLE GUARANTEE COMPANY ID# 84-0572036 FOR 1099 REPORTING Property Address 502 WELD COUNTY ROAD 13 Commitment No. FC25031308 Escrow # GR25031308 Date of Closing July 08, 2005 Closer Melinda Gualandri 1099-S PROCEEDS FROM REAL ESTATE TRANSACTIONS SALE ❑ REFI ❑ DEED IN LIEU TI EXCHANGE ❑ CORPORATION © GOVERNMENT n EXEMPT 7 TRANSFEROR'S name Date of Closing JACOR BROADCASTING OF COLORADO, July 08, 2005 INC. , A COLORADO CORPORATION Transferor's Proceeds• Sales Price $18,701.00 $18,701.00 NCI sNi or t * t •lam Address or legal description (including City,St,Zip) 4, 2-122gS‘3 502 WELD COUNTY ROAD 13 Forwarding Street address (including apt. no.) 4695 S. MONACO STREET City, State and ZIP code DENVER CO 80237 Phone number Transferor received property or services as part of consideration Buyer's part of real estate tax $ Check Box, if YES n Under penalties of perjury, I (we) certify that the number(s) shown on this statement is/are my/our correct Taxpayer Identification Number(s). JACOR BROAD o OP COLO C., A COLORADO Water/Sewer Escrow Amount: $0.00 CORPORATION By: , VICE PREEID Please note: You are required by law to provide Land Tide Guarantee Company with your correct Taxpayer Identification Number, and that number must correspond to the entry made in the "Transferor's Name" box. If you fail to provide Land Title Guarantee Company with the correct Taxpayer Identification Number, you may be subject to civil or criminal penalties as provided by law. Form 372 01/16/03 IRS AFFIDAVIT (Entity - Transferor) TO: COUNTY or HELD, A BODY CORPORATE AND POLITIC Transferee (Buyer) Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) that withholding of tax is not required upon the disposition of a U.S. real property interest JACOR BROADCASTIN0 OP COLORADO, INC., A COLORADO CORPORATION hereinafter referred to as the transferor, certifies the following: 1. The transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. The Transferor is not a disregarded entity as defined in 1.1445-2(b)(2)(iii); 3. The transferor's U.S. employer identification number is , and 4. The transferor's office address is: 4695 S. MONACO STREET DENVER CO 80137 The transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the transferor. JACOR BROADCASTING OP COLORADO, INC., A COLORADO CORPORATION By: - MARX NOTON, VICE- M' DATE: July 08, 2005 STATE OF COLORADO ss. COUNTY OF DENVER Sworn to before me on this day of July 06, 2005 by MARX REMINGTON, VICE-PRESIDENT OP JACOR BRAODCASTING OP COLORADO, INC., A COLORADO CORPORATION My commission e Tres: b `y ss my and cial eal 0.an, & Wftneoffis . otary Public Form 236 FIRTA. 1/18/03/44I GR35031308 � o I REAL PROPERTY TRANSFER DECLARATION GENERAL INFORMATION CID-1000) PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025p (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers) 502 WELD COUNTY ROAD 13 2. T pe of property purchased: ❑ Single Family Residential ❑ Townhome Condominium Multi-Unit Res Commercial ED ❑ Agricultural E] Mixed Use ® ❑Vacant Land ❑ Other 3. Date of closing: July 08, 2005 Contract date: April 25, 2005 4. Total Sales Price: including all real and personal property. $18,701.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furnl'ture. If the personal property is not listed, the entire purchase pr'c will be assumed to be for the real propert y�S)per 39-13-102, C.R.S. L.j 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 © 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 9arsons within the same family, business affiliates, or affiliated corporations. Yes ® No Check any of the following that apply to the condition of the improvements at the time of purchase. e ❑ New ❑ Excellent ❑ Good ❑ Average ❑ Fair O Poor ❑ Salvage. cam. If the property is financed, please complete the following. _ ' 10. Total amount financed. $ `\� 11. TyyyPPP�ee of financing: (Check all that apply) New ❑ Assumed :: Seller ED Third Party ❑ Combination; Explain 12. Terms: B 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. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? ❑ Yes © No If yes, franchise or license fee value? $ 15. Did the purchase price involve an installment land contract? ❑ Yes ® No If yes, date of contract 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? jjYes ❑ No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed on this day of July 08, 2005 . Please designate buyer or seller. `�[/^ //'''✓'' Mailing Address lgignat�of G a ter$ a (Buyer) 110 or Grantor (Seller) ❑ COUNTY OF WELD, A BODY CORPORATE AND POLITIC P.O. BOX 758 GREELEY, CO 80631 Daytime Phone Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25031308 (1798017) 0 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that JACOR BROADCASTING OF COLORADO, INC., A COLORADO CORPORATION, 4695 SOUTH MONACO STREET, DENVER, CO 80237, 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 W y. 0% MaryR ingto , Vice- resident ofJacor Broadcasting of Colorado, Inc., a Colorado Corporation State of Colorado) ) ss: County of1ve6 The foregoing instrument was acknowledged before me this /15 day of ut 2005 by: Mark Remington, Vice-President of Jacor Broadcasting of Colorado, Inc., a olorado Corporation. i ess my hand and offs al seal. — Mit otary Public My commission expires: 4-, ti t` 1 IIIIII 1111 11111 111111 111111 1111111111 111 11111 ITN 3329946 10/07/2005 03:35P Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder a C,ThCDS t 21�.S a EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-22.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO.02408453,WELD COUNTY PUBLIC RECORDS AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH 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 31 BEARS N 00°25'19"W AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25"ALUM CAP, L.S. 12374. -THE NORTHWEST CORNER OF WHICH BEING A 3.25"ALUM CAP,L.S.22098. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 31; THENCE N 89°43'13"E ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31 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°25'19"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1324.57 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL OF LAND RECORDED AT RECEPTION NO. 02408453; THENCE N 89°47'19"E ALONG SAID NORTHERLY LINE A DISTANCE OF 80.00 FEET TO A POINT 80 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE S 00°25'19"E ALONG A LINE LYING 80 FEET EASTERLY AND RUNNING PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 964.63 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S 03°41'28"E A DISTANCE OF 334.18 FEET,HAVING A RADIUS OF 2930.00 FEET,A CENTRAL ANGLE OF 06°32'18" AND AN ARC LENGTH OF 334.36 FEET; THENCE S 06°57'38"E A DISTANCE OF 26.44 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31; THENCE S 89°43'13"W ALONG SAID SOUTH LINE A DISTANCE OF 102.07 FEET TO THE POINT OF BEGINNING; CONTAINING 108,618 SQ.FT.OR 2.4935 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 SUPERVISION AND CHECKING. p RED/ rF CHRISTOPHER H. McELVAIN,PROFESSIONAL LAND SURVEYOR '0 36561 z;o COLORADO REGISTRATION NO.36561,FOR AND ON BEHALF OF JeHN ENGINEERING,INC. 5855 WADSWORTH BYPASS#A-I00 St', ARVADA, CO. 80003 •�- ',;.��`'_.�j IIIIII 11111 11111 111111 111111 11111 HEM 11111 1111 1111 3329946 10/07/2005 03:35P Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder WC M DR5LDP5 FOEXH 1311 MAP A FCUSI 2 RS PIPE WITH 3-1/4- ALUM. CAP LS 6716, UP 0.8' 527.06' 'NCRSHEET 2 OF 2 N89'43'25'E N89'48'56'E — 2523.54' 4M NW COR SEC 31 NI/a COR SEC 31 FOUND #6 REBAR FOUND 06 REBAR WITH 3 1/4' ALUM. CAP 1MTH 3 1/4' ALUM. CAP L5 22096. 1994 i LS 22098. 1994 BARBARA KIRKMEYER 00REc/ • "% TSB 1r1 6b' 80' �`� C;A A • i� ;0 36561 a:r 3 rl't `4kr.LANO.4 n ~Tg. DUANE KIRKMEYER E < 'n r rc *VI� 3,I N 89'4719" E ' fml € 80.00' 0 150 300 iiioo=m. 1 INCH = 300 FEET Fr DATE 3.1.04 W i o i N 8 :: ACQUISITION wAREA 106.618 S.F. • PARCEL 22 NOTE O.N. FC25031308 THIS IS NOT A LANG SURVEY PLAT OR `� r: ✓1 146931000009 IMPROVEMENT SURVEY PLAT. NO MONUMENTS JACOB BROADCASTING & COLORADO INC. WERE SET FOR THE PREPARATION OF I a 4695 5. CO. 602 ST. THE ATTACHED LEGAL DESCRIPTION. DENVER, CO. 80237 3 RECSITE NO. 02408453 EXHIBIT MAP A SITE: 502 WCR 13 WELD COUNTY ROAD 13 JACOR BROADCASTIN0 h (X11 ORADO INC„ S ': £ �06'32'18� NW 1/4 SEC 31, TAN., R.67W. 6TH PM. __._: . L�334.38'R�2930.00' COUNTY OF WELD, STATE OF COLORADO - - - CB-S 03'41'26' E Ma 334.18' ACQUISITION AREA 108,618 S.F. POINT OF 3.1.04 I DEED DESCRIPTION WA61ENCg1EM Y/1/4 CDR SEC 3, JN. 152B-03-070.01i 3070-DD-22 FOUND /6 REBAR :. S O6'57'36� E 26.44' S 89'40'19 W UT12374. 1993!C SOUTH LINE OF THE NORTHWEST OUARTER 0UF SECTON 31 Ip 0 pr �_� 2639.32' �_ 102.07• N89'U'13'E 5276.00' J e H N S 8943'13' W Ct/4 COR SEC 36 E,/a CDR SEC 31 '! ENGINEERING J= FOUND Y6 REBAR 30 00' POINT Q FOUND #5 REBAR _ - SpIMORTIFMAIR A_HO N 89'4313",E WINNING WITH 3-1/a' ALUM. CAP 1.W11H 3 ,/4' ALUM. CAP 11-x.' L5 6973, 1996, ON 10' { L5 697}, t99) �4YOIA M la L'ol/P/4p1 1111111 11111 11111 111111 111111 11111 1 11 III 11111 MI IIII 3329946 10/07/2005 03.35P We County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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). . �J \ Dated this ,� day ot,`z� 005. test ;•�';ew � sr• 'I ST: COUNTY OF WELD, A BODY C/ RK TO THE BOARD OF COPRORATE AND POLITIC OF JIJNTY COMMISSIONERS THE STATE OF COLORADO ammaro. OF THE COUNTY OF ELD By: By: y"�.il/ Deputy Clerk t e 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 day of , 2005 by William H. Jerke, Chair, Board of County Commissioners of the County of Weld. WitneKmy an and . Si�' ,seal. JULIE A. CITO Nota lc NOTARY PUBLIC STATE OF COLORADO My commission expires: My Commission Expires Nov. 17,2008 11111111111A1011511111319 IIIII!JIIJ1 IIIiC11 itIll 3329946 10/ CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello