HomeMy WebLinkAbout20051639.tiff RESOLUTION
RE: ACCEPT WARRANTY DEED FOR POUDRE RIVER TRAIL PROPERTY - MARY JANE
DURAN-BLIETZ
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 a Warranty Deed for Poudre River Trail
Property for the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, from Mary Jane Duran-Blietz, with further terms and conditions
being as stated in said deed, and
WHEREAS,after review,the Board deems it advisable to accept said deed,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 Warranty Deed for Poudre River Trail Property for the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, from
Mary Jane Duran-Blietz be, and hereby is, approved.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 1st day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
Et", WELD COUNTY, COLORADO
1861 ���
William H. J e, Chair
lerk to the Board ,,
F M. J. i e, Pro-Tem
Deputy Clerk to the Board Z-4-� U
Dala Id E. Long APP- s EPASTOF : M. \'ailnn
Robert D. Mas n
o.u''Attorney ®e
GI n a
date of signature: o Q�
2005-1639
PR0027
PC'. CA' Ola 'OPS
•
206
WARRANTY DEED
THIS DEED,made this 31st day of May,2005,between Mary Jane Blietz-Duran,of the County of Weld and State of
Colorado,grantor,and the County of Weld,a political subdivision of the State of Colorado,by and through the Board of
County Commissioners of the County of Weld,whose legal address is 915 10"'Street, Greeley, Colorado 80631,grantee:
WITNESS,that the grantor,for the sum of Ten Dollars($10.00)and other good and valuable consideration,the receipt and
sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,
bargain,sell,convey,and confirm,unto the grantee,its heirs and assigns forever,all the real property,together with
improvements,if any, situate,lying and being in the County of Weld, State of Colorado,described as follows:
A public right-of-way for use by pedestrians and non-motorized vehicles,being more particularly described in the attached
"Schedule 1,"subject to the terms and conditions set forth in the April 26,2005,Agreement between the grantor and the Poudre
River Trail Corridor Board, Inc.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and
the reversion and reversions,remainder and remainders,rents, issues and profits thereof,and all the estate,right,title,interest,
claim and demand whatsoever of the grantor,either in law or equity,in and to the above bargained premises,with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee,its
heirs and assigns forever. And the grantor,for itself and its heirs and personal representatives,do hereby covenant,grant,
bargain,and agree to and with the grantee,its heirs and assigns,that at the time of the encealing and delivery of these presents,
they are well seized of the premises above conveyed,have good,sure,perfect,absolute and indefeasible estate of inheritance,in
law,in fee simple,and have good right,full power and authority to grant,bargain,sell and convey the same in manna and form
as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,
encumbrances,and reshictions of whatever kind or nature soever,except easements,restrictions,covenants,conditions,
reservations and rights of way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantee,its heirs and assigns,against all and every person or persons lawfully claiming the whole or any part
thereof.
IN WITNESS WHEREOF,the grantor has hereunto set its hand and seal this 31st day of May,2005.
GRANTO
—6\4Mary Jane B 1Tretz- an
STATE OF COLORADO )
County of Weld ) ss.
The foregoing instrument was acknowledged before me this 31st day of May,2005,by Mary Jane Blietz-Duran.
Witness my hand and official seal this 31a day of May,A.D.,2005.
My commission expires: \o1Zo\\S
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ttt FOF COe= 3291206 06/02/2005 01.29P Weld County, CO
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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A portion of Lot B of Recorded Exemption No. 0805-33-3-RE 509, being located in the
SE1/4NW1/4 and the NE1/4SW1/4 of Section 33, Township 6 North, Range 66 West of the 6th
P.M., Weld County, Colorado as per map recorded August 26, 1981 in Book 945 at Reception
No. 1867427, described as follows:
A strip of land Thirty feet (30') in width and being part of the Southeast Quarter of the
Northwest Quarter (SE1/4NW1/4) and part of the Northeast Quarter of the Southwest Quarter
(NE1/4SW1/4), all in Section Thirty-three (33), Township Six North (T.6N.), Range Sixty-six
West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado
the centerline of said 30' strip of land being more particularly described as follows:
BEGINNING at the North Quarter Corner of said Section 33 and assuming the North line of the
Northwest Quarter (NW1/4) of said Section 33 as bearing South 88°39'06" West, being a Grid
Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/92, a distance of 2653.57 feet with all other bearings contained herein relative thereto.
From said North Quarter Corner the Center Quarter Corner of said Section 33 bears South
00°21'16" East a distance of 2674.76 feet. From said Center Quarter Corner the South Quarter
Corner of said Section 33 bears South 00°21'16" East a distance of 2680.13 feet; THENCE
South 00°21'16" East along the East line of the NW1/4 of said Section 33 a distance of
1842.19 feet to the TRUE POINT OF BEGINNING of said centerline description:
Thence along said centerline by the following Fifteen (15) courses and distances: THENCE
South 71°52'46" West a distance of 14.91 feet to a Point of Curvature (PC); THENCE along the
Arc of a curve which is concave to the Southeast a distance of 305.49 feet, whose Radius is
975.00 feet, whose Delta is 17°57'08", and whose Long Chord bears South 62°54'12" West a
distance of 304.24 feet to a Point of Compound Curvature (PCC); THENCE along the Arc of a
curve which is concave to the Southeast a distance of 103.49 feet, whose Radius is 150.00
feet, whose Delta is 39°31'49", and whose Long Chord bears South 34°09'43" West a distance
of 101.45 feet to the Point of Tangency (PT); THENCE South 14°23'49" West a distance of
177.38 feet; THENCE South 19°17'23" West a distance of 239.73 feet to a PC; THENCE along
the Arc of a curve which is concave to the Northwest a distance of 260.35 feet, whose Radius
is 393.00 feet, whose Delta is 37°57'25", and whose Long Chord bears South 38°16'05" West
a distance of 255.62 feet to a Point of Reverse Curvature (PRC); THENCE along the Arc of a
curve which is concave to the Southeast a distance of 32.47 feet, whose Radius is 100.00 feet,
whose Delta is 18°36'14", and whose Long Chord bears South 47°56'41" West a distance of
32.33 feet to a PRC; THENCE along the Arc of a curve which is concave to the Northwest a
distance of 154.56 feet, whose Radius is 700.00 feet, whose Delta is 12°39'04", and whose
Long Chord bears South 44°58'06" West a distance of 154.25 feet to a PCC; THENCE along the
Arc of a curve which is concave to the Northwest a distance of 367.07 feet, whose Radius is
895.00 feet, whose Delta is 23°29'55", and whose Long Chord bears South 63°02'35" West a
distance of 364.50 feet to a PRC; THENCE along the Arc of a curve which is concave to the
Southeast a distance of 72.87 feet, whose Radius is 130.00 feet, whose Delta is 32°06'55",
and whose Long Chord bears South 58°44'06" West a distance of 71.92 feet to a PRC; THENCE
along the Arc of a curve which is concave to the Northwest a distance of 71.85 feet, whose
Radius is 350.00 feet, whose Delta is 11°45'42", and whose Long Chord bears South
48°33'29" West a distance of 71.72 feet to a PRC; THENCE along the Arc of a curve which is
concave to the Southeast a distance of 62.09 feet, whose Radius is 90.00 feet, whose Delta is
39°31'30", and whose Long Chord bears South 34°40'35" West a distance of 60.86 feet to the
PT;THENCE South 14°54'51" West a distance of 71.86 feet to a PC; THENCE along the Arc of a
curve which is concave to the Northwest a distance of 27.18 feet, whose Radius is 25.00 feet,
whose Delta is 62°16'57", and whose Long Chord bears South 46°03'19" West a distance of
25.86 feet to the PT; THENCE South 77°11'48" West a distance of 47.27 feet to the West line
of the NE1/4SW1/4 of said Section 33. Said point being the TERMINUS POINT of said
centerline description.
Said described parcel of land is subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said described parcel of land. It is the
intent of this description that the sidelines of said strip of land are to be prolonged or
shortened to intersect the East line of said SE1/4NW1/4 at the True Point of Beginning and the
West line of said NEI/4SW1/4 at the Terminus Point.
EXCEPTING therefrom the West 50 feet conveyed to Weld County, Colorado by Quit-Claim
Deed recorded May 17, 1906 in Book 212 at Page 417,
File No. LTMV0000774 1 IM MO 1111 111 1311 III 11111 Page 2
DOC-WD too CorpC
3291206 06/02/2005 01:29P Weld County, CO
2 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
EXCEPTING also that portion conveyed to Weld County, Colorado by instrument recorded
November 22, 1989 in Book 1249 as Reception No. 2198100.
File No. LTMV0000774 1291206
1111111111111111111111 IIII 111111111111 III 11111 IIII IIII
DDC-WD to Corp 06/02/2005 01:29P Weld County, CO Page 3
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
OCS OTIS, CORN & STEWART, LW
Attorneys And Counselors At Law
Fred L. Otis
flotis@ocslaw.com
June 10, 2005 'P "
J(/N� 4 �yy�
Orr 4 ipp
Ers Nry
OFFICE
Mr. Bruce Barker
Weld County Attorney
PO Box 758
Greeley, CO 80632
RE: Poudre River Trail/Mary Jane Duran Blietz
Dear Bruce:
Enclosed is a binder containing copies of the closing documents on the Mary Jane Duran Blietz
property.
Sincerel
Fred L. Otis
FLO:mas
Enclosure
The Doyle Building, 1812 56th Avenue,Greeley, Colorado 80634
Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576
WELD COUNTY
(Poudre River Trail Corridor Board, Inc.)
PURCHASE OF PROPERTY FROM
MARTY JANE DURAN-BLIETZ
MAY 31, 2005
1. April 26, 2005, Agreement
2. May 31, 2005, 1s` Amendment to Agreement
3. Land America/Lawyers Title Insurance Corporation Commitment LTMV0000774C-2
4. May 31, 2005, Revocation of Beneficiary Deed
5. May 31, 2005, Seller's Settlement Statement
6. May 31, 2005, Purchaser's Settlement Statement
7. May 31, 2005, Closing Instructions
8. May 31, 2005, Final Affidavit and Agreement
9. May 31, 2005, Substitute Form 1099 S /Mary Jane Duran Blietz
10. May 31, 2005, Payoff Indemnification Agreement
11. May 31, 2005, Real Estate Tax and Utilities Agreement
12. May 31, 2005, Warranty Deed
13. June 1, 2005, News Release
AGREEMENT
(Poudre River Trail Corridor Board,Inc/Mary Jane Duran-Blietz)
THIS AGREEMENT("Agreement")is made and entered into this 2(„day of April,2005,
by and between Mary Jane Duran-Blietz ("Seller")and the Poudre River Trail Corridor Board, Inc.
("Buyer").
Background of Agreement. The following background statements are made to aid in the
understanding and interpretation of this Agreement:
A. Seller is the owner of the property described on Exhibit A ("Seller's Land").
B. Buyer desires to purchase the right to construct and maintain a pedestrian and non motorized
vehicular right-of-way on a 30-foot wide portion of Seller's Land located parallel and adjacent
to the Cache la Poudre River as more specifically depicted on Exhibit B ("Property").
C. The exact legal description of the Property will be determined by survey prior to Closing.
D. Title to the Property will be taken in the name of Weld County.
E. Buyer has agreed to make certain payments and take certain actions, as described in Part Il of
this Agreement, after Closing.
NOW,THEREFORE, in consideration of the background statements that shall be deemed a
substantive part of this Agreement,the mutual covenants, promises and agreements, contained in this
Agreement, Ten Dollars($10)and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto do hereby covenant, promise and agree as
follows:
Part I
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY.
1. Agreement for Purchase and Sale. Seller agrees to sell and Buyer agrees to buy the
Property under the terms and conditions described in this Agreement.
2. Description of Property. The Property is generally depicted on Exhibit B. However,
Buyer, at Buyer's cost, shall within 30 days after the Date of Mutual Execution(the date the
last party signs this Agreement)obtain a center line legal description together with an exhibit
from a surveyor showing the center line of the Property(the"Legal Description"). The Legal
Description shall be substituted for Exhibit B as the legal description of the Property. Seller
shall grant access to the Seller's Land for the purpose of preparing the Legal Description.
3. Purchase Price. The purchase price for the Property shall be $75,000 ("Purchase Price")
which shall be paid to Seller in good funds by Buyer at the time of Closing.
4. Evidence of Title. Within 10 days of the Date of Mutual Execution, Buyer shall order,'at
Buyer's expense, a title insurance commitment for an owner's title insurance policy ("Title
Commitment") in an amount equal to the Purchase Price.
5. Title Review. Buyer shall have the right to inspect the Title Commitment. Written notice by
Buyer of unmerchantability of title, form or content of Title Commitment or of any other
unsatisfactory title condition shown by the Title Documents, shall be signed by or on behalf of
Buyer and given to Seller on or before 30 days after Buyer's receipt of the Title Commitment,
or within five(5)calendar days after receipt by Buyer of any change to the Title Commitment
or endorsement to the Title Commitment together with a copy of the document adding any
new exception to title ("Buyer's Title Review Date"). In the event Buyer gives such notice,
this Agreement shall be terminated. If Buyer does not give such notice by the date specified
above, Buyer accepts the condition of title as disclosed by the Title Documents as
satisfactory. At Closing, Buyer shall pay the cost of the owner's title policy premium.
6. Matters not Shown by the Public Records. Seller shall deliver to Buyer within 10 days
after Mutual Execution true copies of all leases and surveys in Seller's possession pertaining
to the Property. Seller shall disclose to Buyer all easements, liens (including, without
limitation, governmental improvements approved,but not yet installed) or other title matters
(including, without limitation, rights of first refusal, and options) not shown by the public
records of which Seller has actual knowledge. Buyer shall have the right to inspect the
Property to determine if any third party has any right in the Property not shown by the public
records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy).
Written notice of any unsatisfactory condition disclosed by Seller or revealed by such
inspection shall be signed by or on behalf of Buyer and given to Seller on or before Buyer's
Title Review Date. In the event Buyer gives such notice,this Agreement shall be terminated.
7. Legal Description Review. Buyer shall have the right to inspect the Legal Description. If
written notice is given by or on behalf of Buyer of any unsatisfactory condition shown by
Legal Description before 30 days after completion of the Legal Description, then such
objection shall be deemed an unsatisfactory title condition. In the event Seller gives such
notice, this Agreement shall be terminated. If Buyer does not give such notice by said date,
Buyer accepts the Legal Description as satisfactory.
8. Closing. Delivery of a deed from Seller to Buyer shall be at closing(Closing). Closing shall
be 45 days after Mutual Execution of this Agreement or by mutual agreement on an earlier
date. The hour and place of Closing shall be 3:00 PM at the title company issuing the Title
Commitment.
9. Tranifer of Title. Subject to tender and payment at Closing as required herein and
compliance by Buyer with the other terms and provisions hereof, Seller shall execute and
deliver a good and sufficient General Warranty deed in the form described on Exhibit C to
Weld County conveying the Property free and clear of all taxes except the general taxes for
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the year of Closing. 'Except as provided herein, title shall be conveyed free and clear of all
liens, including any governmental liens for special improvements installed as of the date of
Buyer's signature hereon, whether assessed or not.
10. Closing Costs,Documents and Services. Buyer and Seller shall pay, in Good Funds, their
respective Closing costs and all other items required to be paid at Closing, except as
otherwise provided herein. Buyer and Seller shall sign and complete all customary or
reasonably required documents at or before Closing. Fees for real estate Closing services
shall be paid at Closing by Seller.
11. Taxes. General real estate taxes for the year of Closing will be paid by Seller. All prior year
taxes shall be paid by Seller at the time of Closing.
12. Possession. Possession of the Property shall be delivered to Buyer at Closing.
13. Temporary Construction Easement. In addition to a conveyance of the Property at
Closing, Seller agrees to grant an additional 30 feet immediately south and adjacent to the
Property for use as a construction easement("Construction Easement")includes the right of
access for the purpose of construction, reconstruction, building, surveying,hauling during the
construction of the Poudre River Trail. The Construction Easement shall expire 30 days
following the completion of construction, or December 31, 2005,whichever occurs first. At
the expiration of the term of the Construction Easement,Buyer, at Buyer's sole expense, shall
restore the land burdened by the Construction Easement to the condition it was in prior to
occupation and use of the Construction Easement by Buyer.
14. Part I Time of Essence,Default and Remedies. Time is of the essence hereof If any note
or check received as Earnest Money hereunder or any other payment due hereunder is not
paid, honored or tendered when due, or if any other obligation hereunder is not performed or
waived as herein provided, there shall be the following remedies:
a. If Buyer is in Default: Seller may elect to treat this contract as canceled, in which
case all payments and things of value received hereunder shall be forfeited and
retained on behalf of Seller. Seller may recover such damages as may be proper, or
Seller may elect to treat this contract as being in full force and effect. Seller shall
have the right to specific performance or damages, or both.
b. If Seller is in Default: Buyer may elect to treat this contract as canceled, in which
case all payments and things of value received hereunder shall be returned. Buyer
may recover such damages as may be proper, or Buyer may elect to treat this
' contract as being in full force and effect. Buyer shall have the right to specific
performance or damages, or both.
c. Costs and Expenses. In the event of arbitration or litigation relating to this
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contract, the arbitrator or court shall award to the prey/fling party all reasonable
costs and expenses, including attorney fees.
Part II
POST CLOSING AGREEMENTS
15. Recorded Exemption. If, at any time within 2 years after the date of Closing, Seller makes
application to Weld County for a Recorded Exemption on Seller's Land, Buyer shall:
a. Unless the application fee is waived by Weld County, Buyer shall pay the
application fee for such recorded exemption application.
b. If the recorded exemption application is approved by Weld County, Buyer shall
reimburse the Seller for the cost of usual survey associated with the recorded
exemption requirements of Weld County up to a maximum of$3,000.
c. Buyer makes no representations or assurances to Seller a recorded exemption
application will be approved. Buyer only represents it will pay the above costs.
16. Annexation,Zoning and Fire District Exclusion Application Costs. If, at any time within
2 years after the date of Closing, Seller makes application for annexation, zoning, or fire
district exclusion on Seller's Land to the City of Greeley, Buyer shall:
a. Unless the application fees are waived by the City of Greeley, Buyer shall pay the
application fees for the annexation, zoning and fire district exclusion applications.
b. Buyer shall reimburse the Seller for the cost of the usual survey associated with
the annexation, rezoning and fire district exclusion requirements of the City of
Greeley up to a maximum of$3,000.
c. No representations or assurances are made by Buyer to Seller that an annexation,
zoning, or fire district application will be approved, if submitted, nor are there any
representations or assurances that construction of any structure planned for
construction by Seller, on Seller's Land, will be approved.
17. Cost of Sewer. When requested by the Seller at any time within 2 years after Closing,
Buyer shall pay the cost of one 4 inch sewer tap fee and other usual and customary costs
to install and connect a 4 inch sewer line from the existing City of Greeley sewer line
along 71st Avenue to the existing house on Seller's Land. Seller shall be responsible for
any cost and shall assume all liability for any plumbing changes, modifications, alterations
or improvements within the existing house which may be necessary to connect to the
Sewer line.
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18. Weeds. Buyer, through services provided by Weld County shall control noxious weeds
on Seller's Land within the standards set forth in Chapter 15 of the Weld County Code,
starting on the date of Closing and ending two years thereafter.
19. Agreements Specific to Installation and Operation of the Trail.
a. Fence. Buyer shall install a two-rail, split rail fence on the South edge of the
Property (where it adjoins Seller's Land). Upon completion of the fence, Buyer
shall maintain and keep the fence in good condition.
b. Construction of Trail. Construction of the Poudre River Trail through the
Property, including pouring of concrete on the Property will be bid competitively
and Duran Excavating shall be awarded the bid, if Duran meets all other
requirements of the bid documents and is within 5% of the lowest qualified bidder.
c. Name of Trail. When the Property is opened as a portion of the Poudre River
Trail, the Property will be known as the "Duran Family Trail". Buyer shall provide
appropriate markings in keeping with other portions of the trail that have been
named. Buyer will assist Seller in preparation of a press release and facilitating
other related media contacts in this matter.
d. Security. Buyer will work with the Greeley Police Department and Weld County
Sheriff Department to develop a security plan consistent with the safety
management program for the full Trail Corridor. In addition, Buyer shall install
four signs, two on each side of the Trail, notifying the users of the Trail that the
Seller's remaining land is private property and/or"no trespassing" signs.
e. Gates. Buyer shall install a vehicular gate to restrict parking after dark in the
parking lot West of the Duran home. A temporary gate will be installed at the
parking lot as soon as possible and then a solar powered gate will be installed at
the parking lot. Buyer shall install a bollard at the entrance to the trail on the east
side of 71"Avenue.
f. Legal Use of Trail. Seller understands, acknowledges and agrees that although the
Right-of-Way shall be used by the public and maintained by the County for the
purpose of conveyance by pedestrians and non-motorized vehicles, it may also be
used by police, emergency, and maintenance motorized vehicles, and by mounted
police, when necessary.
20. Part 11 Default and Remedies. In the event of default by Buyer of any promises,
covenants or conditions in Part Il of this Agreement, the sole remedies of Seller shall be to
sue Buyer for specific performance and/or damages. In no event shall Seller have the
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remedy of rescission of this Agreement. '
21. Miscellaneous (applicable to both Part I and Part II).
a. Binding Effect; Benefit. This Agreement shall inure to the benefit of and be
binding upon the parties hereto, each other person who is indemnified under any
provision of this Agreement, and their respective heirs, personal and legal
representatives, guardians and successors. Nothing in this Agreement, express or
implied, is intended to confer upon any other person any rights, remedies,
obligations, or liabilities.
b. Amendment; Waiver. No provision of this Agreement may be amended, waived,
or otherwise modified without the prior written consent of all of the parties hereto.
No action taken pursuant to this Agreement, including any investigation by or on
behalf of any party shall be deemed to constitute a waiver by the party taking such
action of compliance with any representation, warranty, covenant, or agreement
herein contained. The waiver by any party hereto of a breach of any provision or
condition contained in this Agreement shall not operate or be construed as a
waiver of any subsequent breach or of any other conditions hereof.
c. Section Headings. The section and other headings contained in this Agreement
are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement.
d. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original and all of which together shall be
deemed to be one and the same instrument.
e. Applicable Law. This Agreement is made and entered into, and shall be governed
by and construed in accordance with, the laws of the State of Colorado.
f. Further Assurances. Seller agrees to execute, acknowledge, seal and deliver,
after the date hereof, without additional consideration, such further assurances,
instruments and documents, and to take further actions, as Buyer may request in
order to fulfill the intent of this Agreement and the transactions contemplated
hereby.
g. No Recording by Buyer, Unless Breach of Agreement Unless there is a breach
of this Agreement, Buyer shall not record this Agreement in the land records of
Weld County.
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IN WITNESS WHEREFORE, the parties hereto have executed and delivered this
Agreement on the date first above written.
BUYER:
Poudre River Trail Corridor Board,Inc.
By k_Ch.Q L Q C
Its
Cl�.a�r.har�.
Date 4/77 2005
SELLER:
Mary Jane Du -B etz
Date LIJ ai 2005
•
•
•
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EXHIBIT A
Lot B of Recorded Exemption 0805-33-3-RE-509.
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WARRANTY DEED
THIS DEED,made this day of , 2005,between Mary Jane Blietz-Duran,of the County of Weld and State
of Colorado, grantor,and the County of Weld, a political subdivision of the State of Colorado,by and through the Board of
County Commissioners of the County of Weld, whose legal address is 915 10th Street, Greeley, Colorado 80631, grantee:
WITNESS,that the grantor,for the sum of Ten Dollars($10.00)and other good and valuable consideration,the receipt and
sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,
bargain, sell convey,and confirm, unto the grantee, its heirs and assigns forever,all the real property, together with
improvements,if any, situate,lying and being in the County of Weld State of Colorado, described as follows:
A public right-of-way for use by pedestrians and non-motorized vehicles, which may also be used by police, emergency, and
maintenance motorized vehicles,and by mounted police,when necessary,being more particularly described in the attached
"Schedule 1."
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,and
the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the estate,right,title,interest,
claim and demand whatsoever of the grantor,either in law or equity, in and to the above bargained premises,with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee,its
heirs and assigns forever. And the grantor, for itself and its heirs and personal representatives,do hereby covenant,grant,
bargain,and agree to and with the grantee,its heirs and assigns,that at the time of the caseating and delivery of these presents,
they are well seized of the premises above conveyed,have good, sure,perfect,absolute and indefeasible estate of inheritance, in
law, in fee simple,and have good right,full power and authority to grant,bargain, sell and convey the same in manner and form
as aforesaid,and that the same are free and clear from all former and other grants,bargains, sales, liens,taxes, assessments,
encumbrances, and restrictions of whatever kind or nature soever, except easements,restrictions, covenants,conditions,
reservations and rights of way of record, if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantee,its heirs and assigns,against all and every person or persons lawfully claiming the Whole or any part
thereof
IN WITNESS WHEREOF,the grantor has hereunto set its hand and seal this day of ,2005.
GRANTOR:
Mary Jane Blietz-Duran
STATE OF COLORADO
County of Weld ) ss.
The foregoing instrument was acknowledged before me this day of , 2005,by Mary Jane Blietz-Duran
Witness my hand and official seal this day of ,2005.
My commissionexpires:
EXHIBIT C
151. AMENDMENT TO AGREEMENT
(Poudre River Trail Corridor Board,Inc/Mary Jane Duran-Blietz)
THIS 1"AMENDMENT TO AGREEMENT ("1°`Amendment") is made and entered into
this 31st day of May, 2005,by and between Mary Jane Duran-Blietz("Seller")and the Poudre River
Trail Corridor Board, Inc. ("Buyer").
•
Background of 1"Amendment. The following background statements are made to aid in the
understanding and interpretation of this 1°`Amendment:
A. Seller and Buyer entered into an Agreement dated April 26, 2005 regarding the property
described on Exhibit A ("Agreement").
B. The survey referenced in Part 1 of the Agreement has been done and the Legal Description
has been approved by Buyer and Seller and is attached as Exhibit B.
C. Seller and Buyer have made additional agreements regarding Part II of the Agreement and
desire to reduce such agreements to writing by this 1°`Amendment.
NOW,THEREFORE, in consideration of the background statements that shall be deemed a
substantive part of this Agreement,the mutual covenants,promises and agreements, contained in this
Agreement and other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged, the parties hereto do hereby amend the Agreement as follows:
1. The Legal Description is hereby approved by the Seller and Buyer.
2. Part 2, paragraph 5 of the Agreement is hereby amended by the addition of the following
additional agreements specific to the Installation and Operation of the Trail:
g. Buyer shall remove the concrete remnants located on the Property as shown on
Exhibit C.
h. Buyer, at Buyer's cost shall install shrubs, or bushes, selected by Buyer, on the
West end of the trail where marked on Exhibit C. Seller shall be responsible for
watering and caring for such trees or shrubs.
i. Buyer shall fill with dirt low spot on the trail where marked on Exhibit C, so long
as doing so will not violate any laws, regulations or policies of any governmental
agency and will not create a hazard or practical use issue for the Trail.
3. All other provisions of the Agreement shall remain unchanged and are hereby ratified.
IN WITNESS WHEREFORE, the parties hereto have executed and delivered this Ig
Amendment on the date first above written.
BUYER:
Poudre River Trail Corridor Board, Inc.
By 41:411-,
Its /La rmart
Date 31st cky 6C/ /2005
SELLER:
(6\ •••&
Mary Jane Blietz
Date 31 t 2005
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PROPERTY DESCRIPTION
Poudre River Trail
A strip of land Thirty feet (30') in width and being part of the Southeast Quarter of the Northwest
Quarter (SE1/4 NW I/4) and part of the Northeast Quarter of the Southwest Quarter (NEI/4
SW 1/4), all in Section Thirty-three (33), Township Six North (T.6N.), Range Sixty-six West
(R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado the
centerline of said 30' strip of land being more particularly described as follows:
BEGINNING at the North Quarter Corner of said Section 33 and assuming the North line of the
Northwest Quarter(NW1/4) of said Section 33 as bearing South 88°39'06" West, being a Grid
Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/92, a distance'of 2653.57 feet with all other bearings contained herein relative thereto.
From said North Quarter Corner the Center Quarter Corner of said Section 33 bears South
00°21'16" East a distance of 2674.76 feet. From said Center Quarter Corner the South Quarter
Corner of said Section 33 bears South 00°21'16" East a distance of 2680.13 feet;
THENCE South 00°21'16" East along the East line of the NW 1/4 of said Section 33 a distance of
1842.19 feet to the TRUE POINT OF BEGINNING of said centerline description:
Thence along said centerline by the following Fifteen (15) courses and distances:
THENCE South 71 °52'46" West a distance of 14.91 feet to a Point of Curvalure (PC);
THENCE along the Arc of a curve which is concave to the Southeast a distance of 305.49 feet,
whose Radius is 975.00 feet, whose Delta is 1T57'08", and whose Long Chord hears South
62°54'12" West a distance of 304.24 feet to a Point of Compound Curvature (PCC);
THENCE along the Arc of a curve which is concave to the Southeast a distance of 103.49 feet,
whose Radius is 150.00 feet, whose Delta is 39°31'49", and whose Long Chord bears South
34°09'43" West a distance of 101.45 feet to the Point of Tangency (PT);
THENCE South 14°23'49" West a distance of 177.38 feet;
THENCE South 19°17'23" West a distance of 239.73 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northwest a distance of 260.35 feet,
whose Radius is 393.00 feet, whose Delta is 37°57'25", and whose Long Chord bears South
38°16'05" West a distance of 255.62 feet to a Point of Reverse Curvatuli (?W-7);
THENCE along the Arc of a curve which is concave to the Southeast.dilislande of 32.47 feet,
whose Radius is 100.00 feet, whose Delta is 18°36'14", and whose Lang Chord bears South
47°56'41" West adistance of 32.33 feet to a PRC;
THENCE along the Arc of a curve which is concave to the Northwest a distance of 154.56 feet,
whose Radius is 700.00 feet, whose Delta is 12°39'04", and whose Long Chord bears South
44°58'06" West a distance of 154.25 feet to a PCC;
THENCE along the Arc of a curve which is concave to the Northwest a distance of 367.07 feet,
whose Radius is 895.00 feet, whose Delta is 23°29'55", and whose Long Chord bears South
63'02'35" West a distance of 364.50 feet to a PRC;
THENCE along the Arc of a curve which is concave to the Southeast a distance of 72.87 feet,
whose Radius is 130.00 feet, whose Delta is 32°06'55", and whose Long Chord bears South
58°44'06" West a distance of71.92 feet to a PRC;
THENCE along the Arc of a curve which is concave to the Northwest a distance of 71.85 feet,
whose Radius is 350.00 feet, whose Delta is 11°45'42", and whose Long Chord bears South
48°33'29" West a distance of 71.72 feet to a PRC;
THENCE along the Arc of a curve which is concave to the Southeast a distance of 62.09 feet,
whose Radius is 90.00 feet, whose Delta is 39°31'30", and whose Long Chord bears South
34°40'35" West a distance of 60.86 feet to the PT;
THENCE South 14°54'51" West a distance of 71.86 feet to a PC; .
'A 4 4 75 ire
Page lof2 ��
•
Property Description (continued)
, Poudre River Trail
THENCE along the Arc of a curve which is concave to the Northwest a distance of 27.18 feet,
• whose Radius is 25.00 feet, whose Delta is 62'16'57", and whose Long Chord bears South
46°03'19" West a distance of 25.86 feet to the PT;
THENCE South 77°11'48" West a distance of 47.27 feet to the West line of the NE1/4 SW 1/4 of
said Section 33. Said point being the TERMINUS POINT of said centerline description.
Said described parcel of land contains 60,257 Square Feet, more or less (t) (1.383 Acres, more
or less (t)) and is subject to any rights-of-way or other easements as granted or reserved by
instruments of record or as now existing on said described parcel of land.
It is the intent of this description that the sidelines of said strip of land are to be prolonged or
shortened to intersect the East line of said SE1/4 NW1/4 at the Truc Point of Beginning and the
West line of said NE1/4 SW 1/4 at the Terminus Point.
SURVEYOR'S STATEMENT
1, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is
true and correct to the best of my knowledge, information, belief, and in my professional opinion.
/ %(0 fl /
Charles B.Jones on y a f of . nu : ors, Inc.
15 22Oy ' u • /Z7 tc.
Colorado Register ivfessional �
Land Surveyor //2209 111 yt��
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
•
Project Number: 2005072 (May 26, 2005)
(File: N:A2005072\trail-al .wpd) (Revised: May 27, 2005)
•
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Page 2 of 2
TRAIL EASEMENT .. I XHIBII 'ART OF W1/2 OF SECTION 33,
•�]._. T6N, R66W, WELD COUNTY
V BASIS OF BEARINGS: 588'39'06"W 2653.57' POINT OF BEGINNING
-
NORTHWEST CORNER NORTH QUARTER CORNER
SECTION 33, TEN, R66W
SECTION 33, T6N, R66W
p0 REG!
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Charles B. Jones — b- •'•f .f i.• Syor' Inc.
•
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Colorado Registered Pr.` _' idnal '
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Land Surveyor #22098 Z / /-/ TRUE POINT OF
N.--t.-L-,..--s-
BEGINNING
NOTE: This exhibit drawing is not intended to be a i
monumented land survey. It's sole purpose is as a Z i ___....----
graphic representation to aid in the visualization of the G1i -
written property description which it accompanies, /Th
ey/
/ / ' i lo
written property description supersedes the exhibit
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drawing. • / w
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la
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�)!// / TRAIL EASEMENT N
n/ % / 60,257 Sq. Ft. N
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U/ / (1.383 ±Acres)
APPROXIMATE CENTERLINE OF 1 ,
THE CACHE LA POUDRE RIVER �� /{ I
/// I/ ' S1423'49"W
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5'./ /4 177.38' ID
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RE-509
o -, / jv� //�- CENTERLINE
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to , /
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/ ////
/ LINE TABLE
I / ' / LINE BEARING LENGTH
/// Li 571'52'46"W 14.91'
I / /
I l I / CURVE TABLE
//j5 CURVE LENGTH RADIUS DELTA CHORD CH BEARING
/ / / G Cl 305.49' 975.00' 17'57'08" 304.24' 562'54'12"W
/ / // • C2 103.49' 150.00' 39'31'49" 101.45' 534'09'43"W
/ . / C3 260.35' 393.00' 37'57'25" 255.62' 538'16'05"W
/GDc- / / C4 32.47' 100.00' 18'36'14" 32,33' 547'56'41"W '
/ -
/ : / 1323.68'
MATCHLINE ' CENTER QUARTER CORNER
/ . " / £Si �_y S �' SECTION 33, T6N, R66W
x1t1/1�M {�
REVISED: MAY 27, 2005
_t ( KING SURVEYORS, INC PROJECT NO:2005072 .
ab— 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 05-25-05
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:POUDRE TRAIL COMMITTEE
/' WWW.KINGSURVEYORS.COM DRAWN: U5072esmt A
DRAWN: USA CHECKED: CBJ
TRAIL EASEMENT /2 OF SECTION 33,
EXHIBIT
IR6NOFR66W, WELD COUNTY
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Charles B. Jones — "n If, of 'rip eyo'., Inc. II
•
•
Colorado Registered b al J'e7o o
Land Surveyor #22098 ihi-ccs• ']
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In
NOTE: This exhibit drawing is not intended to be a monumented + o _
land survey. It's sole purpose is as a graphic representation to P _
aid in the visualization of the written property description which
it accompanies. The written property description supersedes the
exhibit drawing.
1
1
SIXTEENTH LINE /
/ / i
CENTER—WEST SIXTEENTH CORNER GP`'
i
SECTION 33, T6N, R66W /
588'46'07"W MAINLINE / /
/ /
WESTERLY LINE / / ' /
OF RE-509 /
/ /
/ , / hG
APPROXIMATE CENTERLINE OF ' /
)/'THE CACHE LA POUDRE RIVER , // "' ' '✓
• 5' / J / TRAIL EASEMENT
SIXTEENTH LINE /C\-- /� / 60,257 Sq. Ft.
\ .....
i / G� (1.383+Acres)
\ - - /,1/�� `15'`30' TRAIL EASEMENT
WESTERLY LINE // / concrete- remet arttS LOT/3
RLY //J RE-509
OFCENTERLINE
/
/ ' / LINE TABLE
/7/ LINE BEARING LENGTH
L2 S14'54'51"W 71.86'
�/ , L3 577'11'48"W 47.27'
L3J 1÷ CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD CH BEARING
C./0:9 ______C4 32.47' 100.00' 18'36'14" 32.33' 547'56'41"W
yh _ C5 _ 154.56' 700.00' 12'39'04" 154.25' 544'58'06"W
C6 367,07' 895.00' 23'29'55" 364.50' S63'02'35"W _
C7 72.87' 130.00' 32'06'55" 71.92' S58'44'O6°W
TERMINUS POINT
C8 71.85' 350.00' 11'45'42" 71.72' 548'33'29"W
C9 62.09' 90.00' 39'31'30" 60.86' S34'40'35"W
C10 27.18' 25.00' 622''1x6'57" 25.86' 546'03'19"W
cielviki
C ' 2VVISED: MAY 27, 2005
LYING SURVEYORS, PROJECT NO:2005072
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 05-25-05
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: POUDRE TRAIL COMMITTEE
WWW.KINGSURVEYORS.COM DAW 5072esmt—A
DRAWN: JSA CHECKED: CBJ
i•,--ci.. 4�&---
IlaLandAmerica
Lawyers Title
Otis, Coan & Stewart, LLC.
Attn: Fred Otis
1812 56th Avenue
Greeley, CO 80634
Case No. LTMV0000774
"WE'RE HERE TO MAKE IT EASY!"
Weld County Title Company
7251 W. 20th Street
Bldg. L Suite 100
Greeley, CO 80634
L.andAmeric FILE NO.: LTMV0000774
a PROPERTY: 760 N. 71st Avenue
Lawyers Title SELLER: Mary Jane Blietz
BUYER: Weld County
Weld County Title Company
7251 W. 20th Street
Bldg. L Suite 100
Greeley, CO 80634
PHONE: 970-330-7222
FAX: 970-330-5477
ESCROW CLOSER: Jeanette Snow DATE: May 05, 2005
We appreciate the opportunity to be of service to you. Please contact the above if you have any questions
concerning this transaction.
ADDITIONAL COPY 1:
Otis, Coan & Stewart, LLC. Phone: 970-330-6700
Attn: Fred Otis Fax:
1812 56th Avenue E-mail: flotis@ocslaw.com
Greeley, CO 80634
Li LandAmerica
PRIVACY POLICY NOTICE
- Dear LandAmerica Customer:
The Financial Services Modernization Act recently enacted by Congress has brought many changes to
the financial services industry, which includes insurance companies and their agents. One of the
changes is that we are now required to explain to our customers the ways in which we collect and
use customer information.
The statement attached to or on the reverse side of this letter is the privacy policy of the
LandAmerica family of companies. The three largest members of the family - Commonwealth Land
Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance
Company - may issue policies and handle real estate closings in virtually every part of the country. A
number of other companies in the family provide other real estate services, and some operate more
locally. You may review a list of LandAmerica companies on our website (www.landam.com). You
may also visit our website for an explanation of our privacy practices relating to electronic
communication.
Our concern with the protection of your information has been a part of our business since 1876,
when the company that is now Commonwealth Land Title Insurance Company issued its first policy.
We will continue to protect the privacy, accuracy, and security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261-7567.
LandAmerica Companies
Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of
New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation,
Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New
York
Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing,
Inc.
Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton
Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title
Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company;
Commonwealth Land Title
Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title,
Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company;
Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract,
Longworth Insured,
Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA7 Lawyers Title Agency, Oregon
Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential
Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title
Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company
Appraisals and Ancillary Services: LandAmerica OneStop, Inc.
LANDAMERICA PRIVACY POLICY
What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are
companies in our family that provide other real estate services to consumers. We collect information
about you, (for instance, your name, address, telephone number), and information about your
_ transaction, including the identity of the real property that you are buying or financing. We obtain a
copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this
information from you or from the lender, attorney, or real estate broker that you have chosen. Our
title insurance companies then obtain information from the public records about the property so that
we can prepare a title insurance policy. When we provide closing, escrow, or settlement services,
mortgage lending, or mortgage loan servicing, we may get your social security number, and we may
receive additional information from third parties including appraisals, credit reports, land surveys,
escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you
are concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice does not share
your information with marketers outside its own family. There's no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
your or your lender, or in other ways permitted by law. The privacy laws permit some sharing
without your approval. We may share internally and with nonaffiliated third parties in order to carry
out and service your transaction, to protect against fraud or unauthorized transactions, for
institutional risk control, and to provide information to government and law enforcement agencies.
Companies within a family may share certain information among themselves in order to identify and
market their own products that they think may be useful to you. Credit information about you is
shared only to facilitate your transaction or for some other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal information about you to
those employees who need the information to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with law to guard your nonpublic
personal information. We reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Often, your transaction goes through a title insurance
agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are
not part of the LandAmerica family may specifically, in writing, adopt our policy statement.
•
Lawyers Title Insurance Corporation
COMMITMENT FOR TITLE INSURANCE
Schedule A
1. Effective Date: Commitment No.:
April 28, 2005, at 7:00 am LTMV0000774 C-2
2. Policy or Policies to be issued: Amount Premium
A. ALTA Owner's Policy - 10/17/92 $5,000.00 $370.00
Proposed Insured:
Weld County
B. ALTA Loan Policy - 10/17/92
Proposed Insured:
Tax Information Services $20.00
3. The estate or interest in the land described or referred to in this Commitment
and covered herein is Fee Simple and Title to the estate or interest in the land
is vested in:
Mary Jane Duran-Blietz
4. The land referred to in this Commitment is described as follows:
SEE ATTACHED EXHIBIT "A"
Lawyers Title Insurance Corporation
Prepared By: Sean Stevens
..ommitment No. LTMV0000774 C-2
Exhibit"A"
Lot B of Recorded Exemption No. 0805-33-3-RE 509, being located in the SE1/4NW1/4 and
the NE1/4SW1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado as per map recorded August 26, 1981 in Book 945 as Reception No.
1867427,
EXCEPTING therefrom the West 50 feet conveyed to Weld County, Colorado by Quit-Claim
Deed recorded May 17, 1906 in Book 212 at Page 417,
EXCEPTING also that portion conveyed to Weld County, Colorado by instrument recorded
November 22, 1989 in Book 1249 as Reception No. 2198100.
•
Commitment No. LTMV0000774 C-2
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with prior to the issuance of said policy or policies. Any
other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of
the policy to be issued. Unless otherwise noted, all documents must be recorded in the Office of Clerk and
Recorder of the county in which said property is located.
NOTE: Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) the Company will not issue its policy or policies
of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes Due or
other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or
until the proposed insured has notified or instructed the Company in writing to the contrary.
NOTE: Effective September 1, 1997, C.R.S. 30-10-406 requires that all documents received for recording
or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right
and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any
document that does not conform.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller
must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Non withholding).
A. Payment of all taxes and assessments now due and payable.
NOTE: Treasurer's Certificate of Taxes Due has been ordered, but not yet received by the Company.
B. Recordation of a properly executed plat or recorded exemption of the land described herein with
the approval of the proper governing authorities noted thereon.
NOTE: When the above requirement has been complied with, the description at Item No. 4 of
Schedule A will be amended.
NOTE: This commitment, and the policy to be issued are subject to such further requirements
and/or exceptions as may be necessary upon review of the plat by the Company, its agents or
subsidiaries.
C. Partial release by the Public Trustee of the County of Weld of the Deed of Trust from Mary Jane
Blietz, for the use of Centennial Bank of the West, to secure $250,000.00 recorded November 10,
2004 at Reception No. 3234522.
D. Revocation of Beneficiary Deed from Mary Jane Duran-Blietz to Jon D. Blietz recorded February 23,
2005 at Reception No. 3263130.
E. Duly certified copy of resolution of the Board of County Commissioners of the County of Weld, a
body politic and corporate, authorizing the Purchase of subject property.
F. Deed sufficient to convey fee simple estate or interest in the land described or referred to herein, to
the proposed insured, Schedule A, Item 2A.
NOTE: Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of
the legal address of the purchaser (not necessarily the same as the property address) be included
on the face of the deed to be recorded.
commitment No. LTMV0000774 C-2
NOTE: C.R.S.39-1.4-102 requires that a Real Property Transfer Declaration accompany any
conveyance document presented for recordation in the State of Colorado. Said declaration shall be
completed and signed by either the grantor or grantee.
•
Commitment No. LTMV0000774 C-2
SCHEDULE B - SECTION 2
EXCEPTIONS
The Policy or Policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by this Commitment.
Note: The above exception will not appear on policies where closing and settlement has been
performed by the Company.
6. Any and all unredeemed tax sales, if any.
NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax
sales, the above exception will not appear on the policy to be issued hereunder.
7. Right of way, whether in fee or easement only, for Greeley Ditch No. 3, granted to The Union
Colony of Colorado by instrument recorded May 12, 1883 in Book 36 at Page 322, in which the
specific location of the easement is not defined.
8. Right of way, whether in fee or easement only, for pipeline purposes, as granted to Associated
Natural Gas Inc. , in the instrument recorded November 2, 1983 in Book 1012 as Reception No.
1945709, the location of which is shown in the map attached to said instrument.
9. Reservation of each of the grantors an undivided 1/6 interest in and to all oil, gas and other
minerals underlying said land, thereby reserving a total of s/s interest, with right of ingress and
egress to prospect for and remove the same as contained in instrument from Ernest L. Duran, Jr.,
Gloria Silva, Daniel Rudy Duran, Irene Barela and Mary Jane Duran Blietz recorded April 29, 1981
in Book 934 as Reception No. 1856364, and any interests therein, assignments, or conveyances
thereof.
10. Oil and gas lease between Rine Duran and Bellwether Exploration Company dated June 1, 1984,
recorded July 11, 1984 in Book 1036 as Reception No. 1973628; Re-recorded August 8, 1985 in
Book 1079 as Reception No. 2020146, and any interests therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-
106, by Affidavit of Lease Extension or Production, recorded August 19, 1985 in Book 1080 as
Reception No. 2021213.
11. Terms, agreements, provisions, conditions and obligations as contained in Agreement for Sale
and Purchase of Vacant Land for Rights-of-way and/pr Easements recorded September 15, 1989
in Book 1244 as Reception No. 2191929.
Lommitment No. LTMV0000774 C-2
12. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in
the river bed location by other than natural causes, or alteration through accretion, reliction,
erosion or avulsion of the center thread, bank, channel or flow of waters in the Cache La Poudre
River lying within subject Land; and any question as to the location of such center thread, bed,
bank or channel as a legal description monument or marker for purposes of describing or locating
subject lands.
NOTE: There are no documents in the land records of the office of the Clerk and Recorder of
Weld, accurately locating past or present location(s) of the center thread, bank, bed or channel of
the above Cache La Poudre River or indicating any alterations of the same as from time to time
may have occurred.
13. Any rights, interest or easements in favor of the riparian owners, the State of Colorado, the
United States of America, or the general Public, which exist, have existed, or are claimed to exist
in and over the waters and present and past bed and banks of Cache La Poudre River.
Note:
The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with
the Clerk and Recorder. These statements are general and do not necessarily give notice of underground
facilities within the property.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at Reception No.
1979784.
(c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 at Reception No. 2175917.
(d) Western Slope Gas Company, recorded March 9, 1983 in Book 990 at Reception No. 1919757.
(e) Public Service Company of Colorado recorded November 9, 1981 in Book 952 at Reception No.
1874084.
NOTE: Pursuant to C.R.S. 10-11-122 notice is hereby given that:
(A) The subject property may be located in a special taxing district;
(B) A certificate of taxes due listing each taxing jurisdiction may be obtained from the County Treasurer
or the County Treasurer's authorized agent;
(C) INFORMATION regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: If Schedule B of your commitment for an owner's title policy reflects an exception for mineral
interest or leases, pursuant to C.R.S. 10-11-123 (HB 01-1088), this is to advise:
(A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or
all interest in oil, gas, other minerals, or geothermal energy in the property; and
(B) That such mineral estate may include the right to enter and use the property without the surface
owner's permission.
Lawyers Title Insurance Corporation
COMMITMENT FOR TITLE INSURANCE
111 LandAmerica`
Lawyers Title
- Lawyers Title Insurance Corporation, a Virginia corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or
policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest
covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of
Schedules A and B and to the Conditions and Stipulations hereof
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been
inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and
terminate six(6)months after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the
failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized
officer or agent.
IN WITNESS WHEREOF, Lawyers Title Insurance Corporation has caused its corporate name and seal to be hereunto affixed by its
duly authorized officers, this Commitment to become valid when countersigned by an authorized officer or agent of the Company.
/ 9 yLawyers Title Insurance n Corporation
o
Attest: _.��..\\\..\ By: ex.-44
suiti .f1 �y l L
j¢e'
fa5E7i i..IILLi •
? laS President
Secretary ti„�'. t9zs ��;
rlr\\`KNMaMO i—
EXCLUSIONS FROM COVERAGE
I. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect,lien, encumbrance,adverse claim or other matter affecting the estate or interest
or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the
Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the
Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may
amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to
paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured
in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the
requirements hereof,or(b) to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered
by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability
is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified
herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to
the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this
Commitment.
•
ALTA Commitment 1966
Lawyers Title Insurance Corporation
NOTICE TO PROSPECTIVE INSURED OWNER:
Re: Mechanic's Lien and Gap Protection
This is to advise that Lawyers Title Insurance Corporation makes available to its
prospective insured owners, in conjunction with their Lawyers Title Insurance
Corporation policy covering a single family residence, including a condominium or
townhouse unit, protection against mechanic's liens. This protection is not automatic
nor given in all cases, but is subject to the Company's Underwriting requirements,
and does not cover those liens which arise out of work contracted for or entered into
at the request of the insured owner.
•
These underwriting requirements include, but may not be limited to, the following:
1. Receipt by the Company of agreement(s) indemnifying it for any loss
resulting from its granting of lien protection, executed by the seller, contractor or
others who might have incurred debts which could result in mechanic's liens;
2. Information concerning the solvency and whereabouts of the parties set
forth in Item No. 1, possibly including financial statements;
3. Evidence of payment of any bills which might have been incurred for
work done on the property, depending upon the length of time elapsed since the
last work was completed and what remains to be done;
4. In the event of extensive recent construction, whether on all of the
improvements upon the property or not, additional items required may include:
(a) the Company's review of the owner's and/or builder's history relative to
construction projects previously completed or presently under construction; (b)
review of the construction loan agreement, if applicable; (c) review of any
performance or materialmen's bonds concerning this construction, if applicable;
(d) payment of the appropriate charge for mechanic's lien protection during
construction, if applicable.
This is also to advise that, pursuant to Regulation of the Colorado Insurance
Commissioner, every title entity shall be responsible for all matters which appear of
record prior to the time of recording, and subsequent to the effective date of the
commitment, whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was
closed. This does not include those matters created, suffered, assumed or agreed to
by the insured. The prospective insured is advised to inquire of the closing entity as
to whether it is an office of Lawyers Title Insurance Corporation, or is an independent
agent which will be the responsible entity relative to the closing only.
REVOCATION OF BENEFICIARY DEED
Whereas, a Beneficiary Deed was recorded February 23, 2005 as Reception No. 3263130,
from Mary Jane Duran-Blietz to Jon D. Blietz. It is now the intention of Mary Jane
Duran-Blietz to revoke said Beneficiary Deed as it affects certain property contained in
the said deed.
Therefore, Mary Jane Duran-Blietz , as grantor of said Beneficiary Deed recorded
February 23, 2005 as Reception No. 3263130, hereby revokes said Deed concerning only
the real property specifically described on Exhibit A attached hereto.
Executed this 31st day of May, 2005
State of Colorado
ss.
County of Weld
The foregoing instrument was acknowledged before me this 31s` day of May, 2005 by
Mary Jane Duran-Blietz.
c� .
My commission expires: jc)I a,3 i n
Notary public
File No, LTMV0000774
EXHIBIT A
A portion of Lot B of Recorded Exemption No. 0805-33-3-RE 509, being located in the
SE1/4NW1/4 and the NE1/4SW1/4 of Section 33, Township 6 North, Range 66 West of the
6th P.M,, Weld County, Colorado as per map recorded August 26, 1981 in Book 945 at
Reception No. 1867427, described as follows:
A strip of land Thirty feet (30') in width and being part of the Southeast Quarter of the
Northwest Quarter (SE1/4NW1/4) and part of the Northeast Quarter of the Southwest
Quarter (NE1/4SW1/4), all in Section Thirty-three (33), Township Six North (T.6N.), Range
Sixty-six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of
Colorado the centerline of said 30' strip of land being more particularly described as follows:
BEGINNING at the North Quarter Corner of said Section 33 and assuming the North line of
the Northwest Quarter (NW1/4) of said Section 33 as bearing South 88°39'06" West, being
a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American
Datum 1983/92, a distance of 2653.57 feet with all other bearings contained herein relative
thereto. From said North Quarter Corner the Center Quarter Corner of said Section 33 bears
South 00°21'16" East a distance of 2674.76 feet. From said Center Quarter Corner the
South Quarter Corner of said Section 33 bears South 00°21'16 ' East a distance of 2680.13
feet; THENCE South 00°21'16" East along the East line of the NW1/4 of said Section 33 a
distance of 1842.19 feet to the TRUE POINT OF BEGINNING of said centerline description:
Thence along said centerline by the following Fifteen (15) courses and distances: THENCE
South 71°52'46" West a distance of 14.91 feet to a Point of Curvature (PC); THENCE along
the Arc of a curve which is concave to the Southeast a distance of 305.49 feet, whose
Radius is 975.00 feet, whose Delta is 17°57'08", and whose Long Chord bears South
62°54'12" West a distance of 304.24 feet to a Point of Compound Curvature (PCC); THENCE
along the Arc of a curve which is concave to the Southeast a distance of 103.49 feet, whose
Radius is 150.00 feet, whose Delta is 39°31'49", and whose Long Chord bears South
34°09'43" West a distance of 101.45 feet to the Point of Tangency (PT); THENCE South
14°23'49" West a distance of 177.38 feet; THENCE South 19°17'23" West a distance of
239.73 feet to a PC; THENCE along the Arc of a curve which is concave to the Northwest a
distance of 260.35 feet, whose Radius is 393.00 feet, whose Delta is 37°57'25", and whose
Long Chord bears South 38°16'05" West a distance of 255.62 feet to a Point of Reverse
Curvature (PRC); THENCE along the Arc of a curve which is concave to the Southeast a
distance of 32.47 feet, whose Radius is 100.00 feet, whose Delta is 18°36'14", and whose
Long Chord bears South 47°56'41" West a distance of 32.33 feet to a PRC; THENCE along
the Arc of a curve which is concave to the Northwest a distance of 154.56 feet, whose
Radius is 700.00 feet, whose Delta is 12°39'04", and whose Long Chord bears South
44°58'06" West a distance of 154.25 feet to a PCC; THENCE along the Arc of a curve which
is concave to the Northwest a distance of 367.07 feet, whose Radius is 895.00 feet, whose
Delta is 23°29'55", and whose Long Chord bears South 63°02'35" West a distance of 364.50
feet to a PRC; THENCE along the Arc of a curve which is concave to the Southeast a distance
of 72.87 feet, whose Radius is 130.00 feet, whose Delta is 32°06'55", and whose Long
Chord bears South 58°44'06" West a distance of 71.92 feet to a PRC; THENCE along the Arc
of a curve which is concave to the Northwest a distance of 71.85 feet, whose Radius is
350.00 feet, whose Delta is 11°45'42", and whose Long Chord bears South 48°33'29" West
a distance of 71.72 feet to a PRC; THENCE along the Arc of a curve which is concave to the
Southeast a distance of 62.09 feet, whose Radius is 90.00 feet, whose Delta is 39°31'30",
and whose Long Chord bears South 34°40'35" West a distance of 60.86 feet to the
PT;THENCE South 14°54'51" West a distance of 71.86 feet to a PC; THENCE along the Arc of
File No. LTMV0000774
a curve which is concave to the Northwest a distance of 27.18 feet, whose Radius is 25.00
feet, whose Delta is 62°16'57", and whose Long Chord bears South 46°03'19" West a
distance of 25.86 feet to the PT; THENCE South 77°11'48" West a distance of 47.27 feet to
the West line of the NE1/4SW1/4 of said Section 33. Said point being the TERMINUS POINT
of said centerline description.
Said described parcel of land is subject to any rights-of-way or other easements as granted
or reserved by instruments of record or as now existing on said described parcel of land. It
is the intent of this description that the sidelines of said strip of land are to be prolonged or
shortened to intersect the East line of said SE1/4NW1/4 at the True Point of Beginning and
the West line of said NEI/4SW1/4 at the Terminus Point.
EXCEPTING therefrom the West 50 feet conveyed to Weld County, Colorado by Quit-Claim
Deed recorded May 17, 1906 in Book 212 at Page 417,
EXCEPTING also that portion conveyed to Weld County, Colorado by instrument recorded
November 22, 1989 in Book 1249 as Reception No. 2198100.
T 1'
Weld County Title Company
7251 W. 20th Street
Bldg. L Suite 100
Greeley, CO 80634
•
Escrow Officer: Jeanette Snow Title No.: LTMV0000774
Date: 05/31/2005
SELLER'S SETTLEMENT STATEMENT
Seller(s): Mary Jane Blietz Buyer(s): Weld County
Property: 760 N. 71st Avenue
Greeley, CO 80634
Pt SE4NW4 33-6N-66W Lot B RE-509
DEBIT CREDIT
Contract Sales Price $75,000.00
Commission Paid at Settlement $0.00
Release Facilitation Services to LandAmerica Lawyers Title $35.00
***** Sub Total $35.00 $75,000.00
Balance Due To Seller $74,965.00
Total $75,000.00 $75,000.00
The above figures do not include sales or use taxes on personal property.
APPROVED AND ACCEPTED
Broker:
By:
Mary Jane Blie Lawyers Title Insurance Corporation
By: Jeanette Snow
File No.: LTMV0000774
Sellers Settlement Statement
Weld County Title Company
7251 W. 20th Street
Bldg. L Suite 100
Greeley, CO 80634
Escrow Officer: Jeanette Snow Title No.: LTMV0000774
Date: 05/31/2005
PURCHASER'S SETTLEMENT STATEMENT
Buyer(s): Weld County Seller(s): Mary Jane Blietz
Property: 760 N. 71st Avenue
Greeley, CO 80634
Pt SE4NW4 33-6N-66W Lot B RE-509
DEBIT CREDIT
Contract Sales Price $75,000.00
Settlement or closing fee to LandAmerica Lawyers Title $200.00
Title insurance to LandAmerica Lawyers Title $604.00
Tax Information Services to LandAmerica Lawyers Title $20.00
***** Sub Total $75,824.00 $0.00
Balance Due From Borrower $75,824.00
Total $75,824.00 $75,824.00
The above figures do not include sales or use taxes on personal property.
ACCEPTED AND APPROVED
Weld tou'rty ham- r ck. vef r , Broker:
By: — By:
Its: CitaIr1vtO-y`
Lawyers Title Insurance Corporation
By: Jeanette Snow
r
File No. LTMV0000774
•
CLOSING INSTRUCTIONS
THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE
SIGNING.
TO: Weld County Title Company RE: 760 N. 71st Avenue
DATE: May 31, 2005 Greeley, CO 80634
1. Mary Jane Blietz (Seller) and Weld County (Buyer) engage Weld County Title 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:
Pt SE4NW4 33-6N-66W Lot B RE-509
Also known as: 760 N. 71st Avenue, Greeley, CO 80634
2. Closing Agent is authorized to obtain information, and agrees to prepare, obtain, deliver and record all documents,
excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real
estate, dated April, 2005, with ALL amendments and counterproposals attached (Contract), and made part of this document.
3. Closing Agent will receive a fee not to exceed $200.00 for providing these closing and settlement services to be the
expense of Buyer.
4. Closing agent is authorized to receive funds and to disburse funds 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; (b) or are
available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be
deposited or a financial institution upon which the funds are to be drawn (Good Funds).
5. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good
Funds, except as provided in paragraphs 12 and 13.
6. Closing Agent shall disburse all funds in closing except those funds as may be separately disclosed in writing to Purchaser
and Seller by Closing Agent or Purchaser's lender on or before closing.
7. Seller will receive the net proceeds of closing as indicated:
4 Closing Agent Trust Account Check _Cashier's Check at Seller's expense
Funds Electronically transferred to an account specified by Seller at Seller's expense
8. Purchaser and seller will furnish any additional information and documents required by closing Agent which will be
necessary to complete this transaction, and Purchaser and Seller further agree to sign and complete all and customary
required documents at closing to fulfill the Contract
9. Closing Agent will prepare and deliver an accurate, complete, and detailed closing statement to Purchaser and Seller at
time of closing.
10. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before closing
to disburse Good Funds.
11. The Closing Agent is to comply with the instructions of the Purchaser's Lender regarding the payment of all real property
taxes and special assessments despite any provision in these printed Closing Instructions or the Sale and Purchase
Agreement to the contrary. The parties agree to, and do hereby, hold Closing Agent and the Title Insurance Company
harmless regarding said real property taxes and special assessments paid or to be paid by others.
12. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents,
monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or
liability in connection with these instruments. In addition, any promissory note, deed of trust, or other evidence of
indebtedness signed by Purchaser, shall be voided by Closing Agent, with the original(s) returned to Purchaser and copy to
Purchaser's lender.
13. If any conflicting demands are made on the Closing Agent, at its' sole discretion, Closing Agent may hold any monies,
documents, and things of value received from any party except Purchaser's lender. Closing Agent shall retain such items
until (1) receipt of mutual written instruction from Purchaser and Seller; or (2) until a civil action between Purchaser and
Seller shall have been finally concluded In a Court of competent jurisdiction; or (3) in the alternative, Closing Agent 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 Agent. Such deposit with the Court shall relieve Closing Agent of all further liability
and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorney's fee.
14. These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Seller and
Closing Agent.
15. Special Instructions: None
APPROVED AND ACCEPTED 2nv..w•t River• /J� •:', I
SIZIA... —0* iNal^ County_Jizk
By:
Its:
C Ala l rman
Closing Agent: Weld County Title Company Escrow Officer: Jeanette Snow
CL-Closing Instructions
File No.: LTMV0000774
CONTINUATION OF CLOSING INSTRUCTIONS
TO: Weld County Title Company
(TO BE COMPLETED ONLY BY BROKER AND CLOSING AGENT)
(Broker) engages Closing Agent as Broker's Scrivener to complete, for a fee not to exceed $5.00 at
the sole expense of Broker, the following legal documents:
J Deed
I Bill of Sale
_ Promissory Note (Colorado Real Estate Commission approved form)
_ Deed of Trust (Colorado Real Estate Commission approved form)
The documents stated above shall be subject to Broker's review and approval and Broker
acknowledge that Broker is responsible for the accuracy of the above documents.
Closing Agent shall pay Real Estate Commissions at disbursement as follows:
Other $
APPROVED AND ACCEPTED
Broker(s):
Date Date
Closing Agent: Weld County Title Company
Escrow Officer: Jeanette Snow
CL-Closing Instructions Page 2 of 2
File No.: LTMV0000774
FINAL AFFIDAVIT AND AGREEMENT
The undersigned (collectively and/or individually, "Affiant") being first duly sworn, and under
penalty of perjury on oath do state, covenant with and warrant to Weld County Title Company and/or
the Grantee(s) Weld County:
1. That Affiant has an interest in the land described in Weld County Title Company
Commitment/Policy No. LTMV0000774 and/or in the proceeds from the sale and/or refinance of the land
described as follows:
See Legal Description in the above-referenced Title Commitment/Policy
Property Address: 760 N. 71st Avenue, Greeley, Colorado 80634
2. That no labor or material has been furnished to the subject property within the last six months
and there are no pending contracts for improvements to the subject premises. Exceptions, if any:
3. That since Affiant acquired his/her/their/its interest in the subject property, Affiant has not done
or suffered to be done anything that could in any way affect the title to said property, and no
proceedings have been filed by or against Affiant, nor has any judgment or decree been rendered
against Affiant, nor is there any judgment note, other instrument or judicial proceeding that can result
in a judgment or decree against Affiant within 60 days from the date hereof. Exceptions, if any:
4. That all water bills, taxes, real estate taxes and special assessments, except current bills, are
paid, that all insurance policies assigned, if any, are paid, and that all Homeowner, Subdivision, and/or
Condominium Association dues, if any, are paid current.
5. That the improvements (house, garage, outbuildings, etc.) on subject property are within the
boundary lines and setback lines, if any, of said property and do not encroach upon any easement or
right of way; that there are no encroachments by improvements (fences, walkways, driveways, eaves,
drains, etc.) on adjoining property onto subject property and that I/we/it know(s) of no assertion being
made by any adjoining property owner, nor by me/us/it against them, as to the location of boundary
lines or disputes as to occupancy of any portion of my/our/its property on their property except:
6. That Affiant is in undisputed and peaceful possession of the premises and no other parties have
any rights or claims to the possession of the premises, except as set forth herein:
This instrument is made to induce Weld County Title Company, to issue an owner's and/or loan
title policy and Affiant agrees to indemnify the Grantee's and/or Weld County Title Company
and/or its assigns 'against any loss arising out of any false or erroneous statement(s) rendered
therein.
Dated: May 31, 2005
Weld County
Mary Jane Blietz
By
Its:
STATE OF COLORADO
)SS
COUNTY OF WELD
Sworn to and subscribed before me on May 31, 2005 by who personally appeared as of
Weld County and Mary Jane Blietz.
Witness my hand and official seal.
My Commission Expires: Notary Public
CL-Final Aff&Agmt
SUBSTITUTE FORM 1099 S
***** THIS FORM SHOULD NOT BE SENT TO THE IRS *****
Lawyers Title Insurance Corporation
Tax Information Reporting Service
THIS IS IMPORTANT TAX INFORMATION AND IS BEING FURNISHED TO THE INTERNAL REVENUE
SERVICE. IF YOU ARE REQUIRED TO FILE A RETURN, A NEGLIGENCE PENALTY OR OTHER
SANCTION WILL BE IMPOSED ON YOU IF THIS ITEM IS REQUIRED TO BE REPORTED AND THE
INTERNAL REVENUE SERVICE DETERMINES THAT IT HAS NOT BEEN REPORTED.
Weld County Title Company
7251 W. 20th Street
Bldg. L Suite 100
Greeley, CO 80634
970-330-7222
File No.: Department No.: Filer's Tax I.D.:
LTMV0000774 16039 54-0278740
Transferor's Name and Forwarding Address:
Mary Jane Blietz
SSN/TIN -- Mary Jane Blietz:
Property: 760 N. 71st Avenue
Greeley, CO 80634
Gross Sales Price Check Box if consideration Closing Date:
other than cash was or will
$75,000.00 be received: ❑ May 31, 2005
Buyer's part of real estate tax: $0.00
Seller is required by law to provide the correct Taxpayer Identification Number. If correct Taxpayer
Identification Number is not provided, then he/she may be subject to civil or criminal penalties
imposed by law.
UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE TAXPAYER IDENTIFICATION NUMBER SHOWN
IN THIS STATEMENT IS MY CORRECT TAXPAYER IDENTIFICATION NUMBER.
Mary Jane Blietz
CL-1099-S
File No. LTMV0000774
Payoff Indemnification Agreement
Date: May 31, 2005
Lender(s) Loan #(s):
Property Address: 760 N. 71st Avenue, Greeley, CO 80634
The undersigned hereby acknowledges that Weld County Title Company (herein after referred to as
Title Company) is obligated to issue its Owners and/or Loan Policies free and clear of the above-
referenced mortgage(s).
In order to complete this transaction and to induce Title Company to issue its Policies and disburse
all escrow proceeds, the undersigned hereby agree as follows:
1. These liens are debts of the undersigned and as such, the undersigned are responsible for full
payment of these debts.
2. To immediately, upon notification, deposit with Title Company additional funds demanded by
the lender to satisfy and release the above referenced mortgage(s).
3. To reimburse Title Company for any funds advanced to satisfy and release the lien(s) of the
above mortgage(s).
4. To pay damages, court costs, attorney fees and expenses incurred by Title Company
enforcing this agreement and obtaining the release of the above mortgages(s).
5. That the terms of this agreement supercede any escrow, contract or Title Commitment/Policy
duties owed by Title Company to the undersigned, but only to the extent that those are
inconsistent or contradictory.
Obligations as required by Investor/Lender and not a requirement of Title:
6. All borrowers/owners/sellers are responsible to send out their own charge card
payments/payoff. Title Company will make the checks payable to the charge card company
and provide them to the borrower at the time of disbursement. Title Company is not
responsible for verifying the accuracy of the obligations with the creditors.
7. Title Company may charge a fee for every stop payment or check copy request. The fee must
be paid to Title Company in advance of any such request.
FHA Loans:
8. The undersigned hereby understands that the payoff on the existing loan is an FHA payoff
and that FHA guidelines requires the payment of payoff funds on or before the 1st day of each
month.
9. The undersigned agrees to pay any and all additional interest due per FHA guidelines, if
payoff funds are not received on time or accepted by the existing lender.
10.The undersigned, understands that Title Company will overnight (next day delivery) payoff
funds to the existing lender. Title Company has no responsibility or control over the delivery
or the delivery procedures of the express carrier or the acceptance of such deliveries by your
existing lender.
IN WITNESS WHEREOF, the parties have executed this agreement on May 31, 2005
Mary Jane Blietz
STATE OF COLORADO
)SS
COUNTY OF
The foregoing instrument was acknowledged before me on May 31, 2005 by Mary Jane Blietz.
Witness my hand and official seal.
My Commission Expires: Notary Public
CL-Payoff Indemn
File No. LTMV0000774
REAL ESTATE TAX AND UTILITIES AGREEMENT
I. With respect to the property known as 760 N. 71st Avenue, Greeley, CO 80634 (Tax
Schedule:080533300025), Buyer(s) and Seller(s) understand and agree that taxes for the current year
have been prorated as of May 31, 2005 on the basis of:
The previous year's taxes $
Estimate for 2004 $
_ Current mill levy
and assessed value $ $
Other $
x No proration
Such proration shall be a final settlement unless otherwise agreed to in writing by buyer and seller. If the
proration is not a final settlement, the Buyer(s) and Seller(s) being the undersigned thereto, hereby agree that
they assume full responsibility for pursuing and effecting the adjustment, and that Weld County Title Company
shall have no responsibility in regard thereto.
ASSESSM ENTS
II. It is understood and agreed by and between the Buyer(s) and Seller(s) that:
x Unless otherwise agreed to in writing, Special Improvements now in are paid in full
Special Improvements now in and being paid in annual installments are to be assumed by the Buyer(s)
Unless otherwise agreed to in writing by the parties, Special Improvements installed as of the date of buyer's
signature on the contract for the purchase and sale of real estate, whether assessed or not, shall be paid by seller
and paid in full.
In the event information concerning real estate property taxes and special assessments is obtained
verbally, Lawyers Title Insurance Corporation shall have no liability for any erroneous information
provided by a third party.
UTILITIES ADJUSTED OUTSIDE OF CLOSING
III. The undersigned Buyer(s) and Seller(s) agree to adjust any utility assessments, regular or special (water,
sewer, etc.), if any, outside closing. In regards to any adjustment, Buyer(s) and Seller(s) hereby agree
that they assume full responsibility for pursuing and effecting the adjustment, and that Lawyers Title
Insurance Corporation shall have no responsibility in regard thereto.
DATED: May 31,2005
APPROVED AND ACCEPTED
Buyers Sellers
-wercreuunty '<.;,afit ,vcr
Mary Jane Blietz
By
Its:
CL-Real Estate Tax & Utilities Agrmt
WARRANTY DEED
THIS DEED,made this 31st day of May, 2005,between Mary Jane Blietz-Duran,of the County of Weld and State of
Colorado, grantor,and the County of Weld, a political subdivision of the State of Colorado,by and through the Board of
County Commissioners of the County of Weld, whose legal address is 915 10th Street, Greeley, Colorado 80631,grantee:
WITNESS,that the grantor,for the sum of Ten Dollars($10.00)and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed, and by these presents does grant,
bargain, sell,convey, and confirm, unto the grantee, its heirs and assigns forever,all the real property, together with
improvements,if any, situate,lying and being in the County of Weld, Stale of Colorado,described as follows:
A public right-of-way for use by pedestrians and non-motorized vehicles,being more particularly described in the attached
"Schedule 1," subject to the terms and conditions set forth in the April 26,2005,Agreement between the grantor and the Poudre
River Trail Corridor Board, Inc.
TOGETHER with all and singular the hereditaments and appurtenances[hereunto belonging,or in anywise appertaining,and
the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,
claim and demand whatsoever of the grantor,either in law or equity, in and to the above bargained premises,with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances,unto the grantee,its
heirs and assigns forever. And the grantor,for itself and its heirs and personal representatives,,,(Ip hereby covenant,grant,
bargain,and agree to and with the grantee,its heirs and assigns,that at the time of the ensealing and delivery of these presents,
they are well seized of the premises above conveyed,have good, sure,perfect,absolute aid'iiiitlefea§ible estate of inheritance,in
law, in fee simple,and have good right,full power and authority to grant,bargain,sell and chive),the same in manner and form
as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,
encumbrances, and restrictions of whatever kind or nature soever,except easements,restrictions, covenants,conditions,
reservations and rights of way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantee,its heirs and assigns,against all and every person or persons lawfully claiming the whole or any part
thereof
IN WITNESS WHEREOF,the grantor has hereunto set its hand and seal this 31st day of May, 2005.
\(��G\�R�\ANTC�`� {
Mary Jane lietz-Duran �,`t
STATE OF COLORADO
County of Weld ) ss.
The foregoing instrument was acknowledged before me this 31st day of May,2005,by Mary Jane Blietz-Duran.
Witness my hand and official seal this 31°`day of May, A.D.,2005.
My commission expires: \r$\1v\l S
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JEANETTE
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A portion of Lot B of Recorded Exemption No. 0805-33-3-RE 509, being located in the
SE1/4NW1/4 and the NE1/4SW1/4 of Section 33, Township 6 North, Range 66 West of the 6th
P.M., Weld County, Colorado as per map recorded August 26, 1981 in Book 945 at Reception
No. 1867427, described as follows:
A strip of land Thirty feet (30') in width and being part of the Southeast Quarter of the
Northwest Quarter (SE1/4NW1/4) and part of the Northeast Quarter of the Southwest Quarter
(NE1/4SW1/4), all in Section Thirty-three (33), Township Six North (T.6N.), Range Sixty-six
West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado
the centerline of said 30' strip of land being more particularly described as follows:
BEGINNING at the North Quarter Corner of said Section 33 and assuming the North line of the
Northwest Quarter (NW1/4) of said Section 33 as bearing South 88°39'06" West, being a Grid
Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/92, a distance of 2653.57 feet with all other bearings contained herein relative thereto.
From said North Quarter Corner the Center Quarter Corner of said Section 33 bears South
00°21'16" East a distance of 2674.76 feet. From said Center Quarter Corner the South Quarter
Corner of said Section 33 bears South 00°21'16" East a distance of 2680.13 feet; THENCE
South 00°21'16" East along the East line of the NW1/4 of said Section 33 a distance of
1842.19 feet to the TRUE POINT OF BEGINNING of said centerline description:
Thence along said centerline by the following Fifteen (15) courses and distances: THENCE
South 71°52'46" West a distance of 14.91 feet to a Point of Curvature (PC); THENCE along the
Arc of a curve which is concave to the Southeast a distance of 305.49 feet, whose Radius is
975.00 feet, whose Delta is 17°57'08", and whose Long Chord bears South 62°54'12" West a
distance of 304.24 feet to a Point of Compound Curvature (PCC); THENCE along the Arc of a
curve which is concave to the Southeast a distance of 103.49 feet, whose Radius is 150.00
feet, whose Delta is 39°31'49", and whose Long Chord bears South 34°09'43" West a distance
of 101.45 feet to the Point of Tangency (PT); THENCE South 14°23'49" West a distance of
177.38 feet; THENCE South 19°17'23" West a distance of 239.73 feet to a PC; THENCE along
the Arc of a curve which is concave to the Northwest a distance of 260.35 feet, whose Radius
is 393.00 feet, whose Delta is 37°57'25", and whose Long Chord bears South 38°16'05" West
a distance of 255.62 feet to a Point of Reverse Curvature (PRC); THENCE along the Arc of a
curve which is concave to the Southeast a distance of 32.47 feet; whose Radius is 100.00 feet,
whose Delta is 18°36'14", and whose Long Chord bears South 47°56'41" Wekt imistance of
32.33 feet to a PRC; THENCE along the Arc of a curve which is concave .tq:.the, Northwest a
distance of 154.56 feet, whose Radius is 700.00 feet, whose Delta is 12°39.';04", and whose
Long Chord bears South 44°58'06" West a distance of 154.25 feet to a PCC; THENCE along the
Arc of a curve which is cohcave to the Northwest a distance of 367.07 feet, whose Radius is
895.00 feet, whose Delta is 23°29'55", and whose Long Chord bears South 63°02'35" West a
distance of 364.50 feet to a PRC; THENCE along the Arc of a curve which is concave to the
Southeast a distance of 72.87 feet, whose Radius is 130.00 feet, whose Delta is 32°06'55",
and whose Long Chord bears South 58°44'06" West a distance of 71.92 feet to a PRC; THENCE
along the Arc of a curve which is concave to the Northwest a distance of 71.85 feet, whose
Radius is 350.00 feet, whose Delta is 11°45'42", and whose Long Chord bears South
48°33'29" West a distance of 71.72 feet to a PRC; THENCE along the Arc of a curve which is
concave to the Southeast a distance of 62.09 feet, whose Radius is 90.00 feet, whose Delta is
39°31'30", and whose Long Chord bears South 34°40'35" West a distance of 60.86 feet to the
PT;THENCE South 14°54'51" West a distance of 71.86 feet to a PC; THENCE along the Arc of a
curve which is concave to the Northwest a distance of 27.18 feet, whose Radius is 25.00 feet,
whose Delta is 62°16'57", and whose Long Chord bears South 46°03'19" West a distance of
25.86 feet to the PT; THENCE South 77°11'48" West a distance of 47.27 feet to the West line
of the NE1/4SW1/4 of said Section 33. Said point being the TERMINUS POINT of said
centerline description.
Said described parcel of land is subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said described parcel of land. It is the
intent of this description that the sidelines of said strip of land are to be prolonged or
shortened to intersect the East line of said SE1/4NW1/4 at the True Point of Beginning and the
West line of said NEI/4SW1/4 at the Terminus Point.
EXCEPTING therefrom the West 50 feet conveyed to Weld County, Colorado by Quit-Claim
Deed recorded May 17, 1906 in Book 212 at Page 417,
File No. LTMV0000774 Page 2
DOC-WD to Corp , -
EXCEPTING also that portion conveyed to Weld County, Colorado by instrument recorded
November 22, 1989 in Book 1249 as Reception No. 2198100.
File No. LTMV0000774 Page 3
DOC-WD to Corp
NEWS RELEASE
City of
Greeley
Date: June 1, 2005 *FINAL, FINAL DRAFT*
FOR IMMEDIATE RELEASE
For more information, contact:
Rebecca L. Safarik, Community Development Director
350-9785
beckv.safarika greelevgov.com
Fred Otis, Poudre Trail Board Member
330-6700
Kurt Georgeades, Duran Family Representative
381-6956
SUBJECT: KEY LAND LINK ON POUDRE TRAIL SECURED
Poudre Trail users alert: get your pencils ready to connect the dots on your trail route
maps. A critical "missing link" of the Poudre Trail route has now been secured thanks to
the Ernesto and Juanita Duran Family of Greeley.
Ever since the trail was established at the Poudre River Ranch development between 83rd
and 71st Avenues, users have looked longingly for a way to continue their recreational
journeys eastward. The same was true for trail users who began their trek on the trail at
Island Grove Park, but found themselves stopped just beyond the City's Rover Run Dog
Park near 59th Ave.
Soon, Trail Board members say, trail will be in place to link these two popular segments
of the Poudre Trail. "This is equivalent to the `golden spike' for this portion of the trail
with both ends built to the middle but no way to connect the route in a logical manner,"
says Trail Board member, Fred Otis. "The ability for the trail to extend through the
Duran property is huge. We are extremely grateful to Mary Jane Duran Blietz for
granting this permission and Kurt Georgeades for spending the time and effort it took to
get this project completed."
Georgeades, Duran family representative, noted the land on which the trail will extend,
has been in the family for over 65 years. "This is the home in which my mother was
raised and holds a very special place in her heart," Georgeades explained. "This is for
my aunts and uncles as well as my whole family who still live around the area. Our
family has so many memories of growing up here."
Weld County Commissioner Mike Geile is also credited with playing an important role in
working with the family on the trail use, initiating talks with Rine Duran until the time of
his death in an auto accident. "Mr Geile approached my mother on continuing those
discussions about the trail. She knew it was a wonderful way to honor her parents and
brother, Rine, as well as future Duran generations," explained Georgeades.
Geile, in turn, emphasized the role played by Mayor Tom Selders in facilitating
agreement on the use of the Duran property for trail purposes. "It was a complete team
effort," Geile stressed.
Trail board members agree this trail segment is special. Like most areas of the trail near
the river, the property is in a flood plain that is home to abundant wildlife. Securing a
trail route through the Duran property should help preserve this open space for many
more generations of area residents to also appreciate.
Achieving agreement for this trail segment is especially timely since the Trail Board had
secured some grant funds for its construction, which expired by the end of this year if not
used. "We are gearing up now to define the precise route, get all the necessary permits,
bid and construct trail," reports Otis. "We have this as our top development priority."
To help fund related trail improvements, volunteer, or for more information, call the Trail
Manager at 336-4044 or the City of Greeley Natural Resource Planner at 350-9783.
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